EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 63
EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 63
63 . Assessing approved education and care services
(1) Subject to
subregulation (3), for the purposes of assessing an approved education
and care service under section 133(1) of the Law, the Regulatory
Authority —
(a) must
consider —
(i)
the current quality improvement plan for the service; and
(ii)
any rating assessment history of the service, including
any records of previous rating assessments made under the Law; and
(iii)
the service’s history of compliance —
(A) with the Law as it applies in any
participating jurisdiction in which the service operates; and
(B) in the period of 3 years preceding the
scheme commencement day, with a former education and care services law of a
participating jurisdiction in which the service operates or has operated; and
(C) with an education law of a
participating jurisdiction in which the service operates or has operated; and
(D) with a children’s services law of
a participating jurisdiction in which the service operates or has operated;
and
(b) must
arrange for a site visit by an authorised officer —
(i)
in the case of a centre‑based service, of the
education and care service premises; and
(ii)
in the case of a family day care service, of one or more
approved family day care venues or family day care residences.
(2) In addition to
subregulation (1), the Regulatory Authority may consider the
following —
(a) any
relevant information disclosed to the Regulatory Authority by —
(i)
a government department, public authority or local
authority under section 271 of the Law; or
(ii)
the Regulatory Authority of another participating
jurisdiction under section 271 of the Law as applying in that
jurisdiction or a person acting for that Authority; or
(iii)
the relevant Commonwealth Department or a person acting
for the relevant Commonwealth Department;
(b) any
information available to the Regulatory Authority about any steps taken by the
approved education and care service to rectify any matters identified during
the rating assessment;
(c)
information relating to any other quality assurance or registration process
under an education law applicable to the approved education and care service;
(d) in
the case of an education and care service that provides education and care to
children in the year that is 2 years before grade 1 of school, whether
the service facilitates access to a preschool program as set out in
regulation 62(2).
(3) This regulation
does not apply to a reassessment of an education and care service or an aspect
or element of an education and care service under section 138 or 139 of
the Law.
Notes for this regulation:
1. See Division 2
of this Part.
2. This regulation
differs from regulation 63 of the national regulations made by the
Ministerial Council.