EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 178
EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 178
178 . Prescribed enrolment and other documents to be kept by family day care educator
(1) For the purposes
of section 175(3) of the Law, the following documents are prescribed in
relation to each child educated and cared for by the family day care educator
as part of a family day care service —
(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
children’s attendance record as set out in regulation 159;
(e)
child enrolment records as set out in regulation 160;
(f) a
record of visitors to the family day care residence or approved family day
care venue as set out in regulation 165.
(2) The family day
care educator must take reasonable steps to ensure the documents referred to
in subregulation (1) are accurate.
Penalty: $2000.
(3) Subject to
Subdivision 4 and subregulations (4) and (5), the family day
care educator must ensure that 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.
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 family day
care educator must refer to the court order in relation to the release of
information concerning the child to that parent.
(5) Before disclosing
to a parent of a child enrolled at the service any personal information
relating to a person specified in subregulation (6) that is contained in
a document referred to in subregulation (1), the family day care educator
must obtain the written consent of the person to whom the personal information
relates to the disclosure of that personal information.
(6) 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);
(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 a family day care 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.
(7) A person who has
given their written consent under subregulation (5) may withdraw their
consent in writing at any time before the personal information is disclosed.
(8) In this
regulation —
personal information has the same meaning as it
has in the Privacy Act 1988 (Commonwealth).
[Regulation 178 amended: SL 2023/186
r. 33.]