EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 177
EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 177
177 . Prescribed enrolment and other documents to be kept by approved provider
(1) For the purposes
of section 175(1) of the Law, the following documents are prescribed in
relation to each education and care service operated by the approved
provider —
(a) the
documentation of child assessments or evaluations for delivery of the
educational program as set out in regulation 74;
(b) an
incident, injury, trauma and illness record as set out in regulation 87;
(c) a
medication record as set out in regulation 92;
(d) a
record of assessments of family day care residences and approved family day
care venues conducted under regulation 116;
(da) a
record of a decision about a child, that affects educator to child ratios at a
centre‑based service, made under regulation 123(7);
(e) in
the case of a centre‑based service, a staff record as set out in
regulation 145;
(f) a
record of volunteers and students as set out in regulation 149;
(g) the
records of the responsible person at the service as set out in
regulation 150;
(h) in
the case of a centre‑based service, a record of educators working
directly with children as set out in regulation 151;
(i)
a record of access to early childhood teachers as set out
in regulation 152;
(j) in
the case of a family day care service, a record of staff engaged or employed
by the service kept under regulation 154;
(k) a
children’s attendance record as set out in regulation 158;
(l)
child enrolment records as set out in regulation 160;
(m) a
record of the service’s compliance with the Law as set out in
regulation 167;
(n) a
record of each nominated supervisor and any person in day‑to‑day
charge of the education and care service under section 162 of the Law;
(o) in
the case of a centre‑based service, a record of children embarking a
means of transport at the education and care service premises as set out in
regulation 102E(4)(c);
(p) in
the case of a centre‑based service, a record of children disembarking a
means of transport at the education and care service premises as set out in
regulation 102F(4)(d).
(2) The approved
provider of the education and care service must take reasonable steps to
ensure the documents referred to in subregulation (1) are accurate.
Penalty: $2000.
(3) Subject to
Subdivision 4, the approved provider of the education and care service
must ensure that —
(a)
subject to subregulations (4) and (4A), the documents referred to in
subregulation (1) in relation to a child enrolled at the service are made
available to a parent of the child on request;
(b) the
record of compliance referred to in subregulation (1)(m) is able to be
accessed on request by any person.
Penalty: $2000.
(4) If a
parent’s access to information of the kind in the documents referred to
in subregulation (1) is limited by an order of a court, the approved
provider must refer to the court order in relation to the release of
information concerning the child to that parent.
(4A) Before disclosing
to a parent of a child enrolled at the service any personal information
relating to a person specified in subregulation (4B) that is contained in
a document referred to in subregulation (1), the approved provider must
obtain the written consent of the person to whom the personal information
relates to the disclosure of that personal information.
(4B) The following
persons are specified —
(a) a
parent of a child enrolled at the service, if that person is not the parent
making the request under subregulation (3)(a);
(b) a
person who is required to be notified of an emergency involving a child
enrolled at the service if a parent of the child cannot be immediately
contacted;
(c) an
authorised nominee of a child enrolled at the service;
(d) a
person who is authorised to consent to medical treatment of, or to authorise
administration of medication to, a child enrolled at the service;
(e) a
person who is authorised to authorise an educator to take a child enrolled at
the service outside the service premises;
(f) a
person who is authorised to authorise the service to transport a child
enrolled at the service or arrange transportation of a child enrolled at the
service.
(4C) A person who has
given their written consent under subregulation (4A) may withdraw their
consent in writing at any time before the personal information is disclosed.
(5) An approved
provider of a family day care service is not required to keep a document set
out in subregulation (1) if an equivalent record is kept by a family day
care educator under regulation 178.
(6) In this
regulation —
personal information has the same meaning as it
has in the Privacy Act 1988 (Commonwealth).
Notes for this regulation:
1. A compliance
direction may be issued for failure to comply with subregulation (2) or
(3).
2. This regulation
differs from regulation 177 of the national regulations made by the
Ministerial Council.
3. See
section 269(1) of the Law which requires the approved provider to keep a
register of each family day care educator, each family day care
co‑ordinator and each family day care educator assistant engaged,
employed or registered to provide education and care to a child.
[Regulation 177 amended: Gazette 5 Mar 2013
p. 1108; 13 Dec 2013 p. 6166‑7; 28 Sep 2018
p. 3645; SL 2023/15 r. 7 SL 2023/186 r. 32.]