New South Wales Consolidated Regulations

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EDUCATION AND CARE SERVICES NATIONAL REGULATIONS

- Made under the Children (Education and Care Services) National Law (NSW)
- As at 18 August 2023
- Reg 653 of 2011

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY
           Note

   1.      Title
   2.      Authorising provisions
   3.      Commencement
   4.      Definitions
   5.      Services that are not education and care services
   6.      Eligible association
   7.      Prescribed rating system
   8.      National Quality Standard
   9.      Prescribed entities
   10.     Meaning of actively working towards a qualification
   11.     Meaning of in attendance at a centre-based service
   12.     Meaning of serious incident
   13.     Meaning of working directly with children

CHAPTER 2 - APPROVALS AND CERTIFICATES
           Note

   PART 2.1 - PROVIDER APPROVALS

   14.     Application for provider approval by individual
   15.     Application for provider approval by person other than an individual
   16.     Matters relating to criminal history
   17.     Application for amendment of provider approval
   18.     Maximum period of suspension of provider approval
   19.     Application for voluntary suspension of provider approval
   20.     Application by individual executor for provider approval
   21.     Application by executor other than an individual for provider approval
   22.     Application by individual for provider approval on incapacity of approved provider
   23.     Application by person other than an individual for provider approval on incapacity of approved provider

   PART 2.2 - SERVICE APPROVALS

           Division 1 - Applications for service approvals

   24.     Application for service approval--centre-based service
   25.     Additional information about proposed education and care service premises
   25A.    Application for service approval for a centre-based service--relocation of existing centre-based service
   26.     Application for service approval--family day care service
   27.     Additional matters to have regard to in determining application for service approval
   28.     Additional grounds for refusal to grant service approval
   29.     Condition on service approval--insurance
   30.     Condition on service approval--family day care educator insurance
   31.     Condition on service approval--quality improvement plan
   32.     Condition on service approval--entitlement to occupy premises
   32A.    Condition on service approval--maximum number of family day care educators
   33.     Annual fees

           Division 2 - Amendment of service approval and notice of change to nominated supervisor

   34.     Prescribed information for application to amend service approval
   35.     Notice of addition of new nominated supervisor

           Division 3 - Transfer of service approval

   36.     Notice of transfer of service approval--centre-based service
   37.     Notice of transfer of service approval--family day care service
   38.     Notification of decision to intervene in transfer of service approval

           Division 4 - Suspension of service approval

   39.     Maximum period of suspension of service approval
   40.     Application for voluntary suspension of service approval

           Division 5 - Service waiver

   41.     Service waiver--prescribed elements
   42.     Prescribed information--application for service waiver
   43.     Prescribed period--revocation of service waiver

           Division 6 - Temporary waiver

   44.     Temporary waiver--prescribed elements
   45.     Application for temporary waiver

   PART 2.3 - (Repealed)
   None

CHAPTER 3 - ASSESSMENTS AND RATINGS
           Note

   PART 3.1 - QUALITY IMPROVEMENT PLANS

   55.     Quality improvement plans
   56.     Review and revision of quality improvement plans

   PART 3.2 - PRESCRIBED RATING LEVELS

   57.     Rating levels
   58.     Prescribed provisional rating
   59.     Significant Improvement Required
   60.     Working Towards National Quality Standard
   61.     Meeting National Quality Standard
   62.     Exceeding National Quality Standard

   PART 3.3 - ASSESSMENT

           Division 1 - Assessment

   63.     Assessing approved education and care services
   64.     Matters for determination of rating
   65.     Assessment and rating of new education and care services

           Division 2 - Reassessment

   66.     Application for reassessment
   67.     Reassessment by Regulatory Authority

   PART 3.4 - REVIEW OF RATINGS

           Division 1 - Review of ratings by Regulatory Authority

   68.     Prescribed information for request for review of rating

           Division 2 - Review of ratings by Ratings Review Panel

   69.     Application for further review by Ratings Review Panel
   70.     Prescribed areas of expertise or expert knowledge of Ratings Review Panel pool

   PART 3.5 - HIGHEST RATING

   70A.    Prescribed rating levels for application for highest rating
   71.     Application or re-application for the highest rating

   PART 3.6 - OFFENCES

   72.     Offences in relation to giving false or misleading statements about ratings

CHAPTER 4 - OPERATIONAL REQUIREMENTS
           Note

   PART 4.1AA - LOCATION OF PRINCIPAL OFFICE

   72A.    Location of principal office of family day care service

   PART 4.1 - EDUCATIONAL PROGRAM AND PRACTICE

   73.     Educational program
   74.     Documenting of child assessments or evaluations for delivery of educational program
   75.     Information about educational program to be kept available
   76.     Information about educational program to be given to parents

   PART 4.2 - CHILDREN'S HEALTH AND SAFETY

           Division 1 - Health, safety and wellbeing of children

   77.     Health, hygiene and safe food practices
   78.     Food and beverages
   79.     Service providing food and beverages
   80.     Weekly menu
   81.     Sleep and rest
   82.     Tobacco, drug and alcohol-free environment
   83.     Staff members and family day care educators not to be affected by alcohol or drugs
   84.     Awareness of child protection law

           Division 2 - Incidents, injury, trauma and illness

   85.     Incident, injury, trauma and illness policies and procedures
   86.     Notification to parents of incident, injury, trauma and illness
   87.     Incident, injury, trauma and illness record
   88.     Infectious diseases
   89.     First aid kits

           Division 3 - Medical conditions policy

   90.     Medical conditions policy
   91.     Medical conditions policy to be provided to parents

           Division 4 - Administration of medication

   92.     Medication record
   93.     Administration of medication
   94.     Exception to authorisation requirement--anaphylaxis or asthma emergency
   95.     Procedure for administration of medication
   96.     Self-administration of medication

           Division 5 - Emergencies and communication

   97.     Emergency and evacuation procedures
   98.     Telephone or other communication equipment

           Division 6 - Collection of children from premises and excursions

   99.     Children leaving the education and care service premises
   100.    Risk assessment must be conducted before excursion
   101.    Conduct of risk assessment for excursion
   102.    Authorisation for excursions

           Division 7 - Transportation of children other than as part of an excursion

   102A.   Application of Division
   102B.   Transport risk assessment must be conducted before service transports child
   102C.   Conduct of risk assessment for transporting of children by the education and care service
   102D.   Authorisation for service to transport children
   102E.   Children embarking a means of transport--centre-based service
   102F.   Children disembarking a means of transport--centre-based service

   PART 4.3 - PHYSICAL ENVIRONMENT

           Division 1 - Centre-based services and family day care services

   103.    Premises, furniture and equipment to be safe, clean and in good repair
   104.    Fencing
   105.    Furniture, materials and equipment
   106.    Laundry and hygiene facilities
   107.    Space requirements--indoor space
   108.    Space requirements--outdoor space
   109.    Toilet and hygiene facilities
   110.    Ventilation and natural light

           Division 2 - Additional requirements for centre-based services

   111.    Administrative space
   112.    Nappy change facilities
   113.    Outdoor space--natural environment
   114.    Outdoor space--shade
   115.    Premises designed to facilitate supervision

           Division 3 - Additional provisions for family day care services

   116.    Assessments of family day care residences and approved family day care venues
   117.    Glass

   PART 4.3A - MINIMUM REQUIREMENTS FOR PERSONS IN DAY TO DAY CHARGE AND NOMINATED SUPERVISORS

   117A.   Placing a person in day-to-day charge
   117B.   Minimum requirements for a person in day-to-day charge
   117C.   Minimum requirements for a nominated supervisor

   PART 4.4 - STAFFING ARRANGEMENTS

           Division 1 - Educational leader

   118.    Educational leader

           Division 2 - Age and supervision requirements

   119.    Family day care educator and family day care educator assistant to be at least 18 years old
   120.    Educators who are under 18 to be supervised

           Division 3 - Minimum number of educators and family day care co-ordinators required

   121.    Application of Division 3
   122.    Educators must be working directly with children to be included in ratios
   123.    Educator to child ratios--centre-based services
   123A.   Family day care co-ordinator to educator ratios--family day care service
   124.    Number of children who can be educated and cared for--family day care educator

           Division 4 - Educational qualifications for educators

   125.    Application of Division 4
   126.    Centre-based services--general educator qualifications
   126A.   Illness or absence of a qualified educator who is required to meet the relevant educator to child ratio
   127.    Family day care educator qualifications
   128.    Family day care co-ordinator qualifications

           Division 5 - Requirements for educators who are early childhood teachers.

   129.    Application of Division 5
   130.    Requirement for early childhood teacher--centre-based services--fewer than 25 approved places
   131.    Requirement for early childhood teacher--centre-based services--25 or more approved places but fewer than 25 children
   132.    Requirement for early childhood teacher--centre-based services--25 to 59 children
   133.    Requirement for early childhood teacher--centre-based services--60 to 80 children
   134.    Requirement for early childhood teacher--centre-based services--more than 80 children
   135.    Illness or absence of early childhood teacher or suitably qualified person

           Division 6 - First aid qualifications

   136.    First aid qualifications

           Division 7 - Approval and determination of qualifications

   137.    Approval of qualifications
   138.    Application for qualification to be assessed for inclusion on the list of approved qualifications
   139.    Application for determination of equivalent qualification
   140.    Application for determination of an equivalent qualification
   141.    Additional information for application for determination of equivalent qualification
   142.    Translations of documents
   143.    Certification of documents

           Division 7A - Minimum requirements for a family day care educator

   143A.   Minimum requirements for a family day care educator
   143B.   Ongoing management of family day care educators

           Division 8 - Family day care educator assistant

   144.    Family day care educator assistant

           Division 9 - Staff and educator records--centre-based services

   145.    Staff record
   146.    Nominated supervisor
   147.    Staff members
   148.    Educational leader
   149.    Volunteers and students
   150.    Responsible person
   151.    Record of educators working directly with children
   152.    Record of access to early childhood teachers
   152A.   Record of replacement of educator
   152B.   Record of replacement of early childhood teacher or suitably qualified person

           Division 10 - Register of family day care educators, co-ordinators and assistants and records of family day care service

   153.    Register of family day care educators, co-ordinators and educator assistants
   154.    Record of staff engaged or employed by family day care service

   PART 4.5 - RELATIONSHIPS WITH CHILDREN

   155.    Interactions with children
   156.    Relationships in groups

   PART 4.6 - COLLABORATIVE PARTNERSHIPS WITH FAMILIES AND COMMUNITIES

   157.    Access for parents

   PART 4.7 - GOVERNANCE AND LEADERSHIP

           Division 1 - Management of services

              Subdivision 1 - Attendance and enrolment records

   158.    Children's attendance record to be kept by approved provider
   159.    Children's attendance record to be kept by family day care educator
   160.    Child enrolment records to be kept by approved provider and family day care educator
   161.    Authorisations to be kept in enrolment record
   162.    Health information to be kept in enrolment record

              Subdivision 2 - Residents at family day care residences and family day care educator assistants

   163.    Residents at family day care residence and family day care educator assistants to be fit and proper persons
   164.    Requirement for notice of new persons at residence
   165.    Record of visitors
   166.    Children not to be alone with visitors

              Subdivision 3 - Record of service's compliance

   167.    Record of service's compliance

           Division 2 - Policies and procedures

   168.    Education and care service must have policies and procedures
   169.    Additional policies and procedures--family day care service
   170.    Policies and procedures to be followed
   171.    Policies and procedures to be kept available
   172.    Notification of change to policies or procedures

           Division 3 - Information and record-keeping requirements

              Subdivision 1 - Display and reporting of prescribed information

   173.    Prescribed information to be displayed
   174.    Time to notify certain circumstances to Regulatory Authority
   174A.   Prescribed information to accompany notice
   175.    Prescribed information to be notified to Regulatory Authority
   176.    Time to notify certain information to Regulatory Authority
   176A.   Prescribed information to be notified to approved provider by family day care educator

              Subdivision 2 - Prescribed records

   177.    Prescribed enrolment and other documents to be kept by approved provider
   178.    Prescribed enrolment and other documents to be kept by family day care educator
   179.    Family day care educator to provide documents on leaving service

              Subdivision 3 - Insurance information

   180.    Evidence of prescribed insurance

              Subdivision 4 - Confidentiality and storage of records

   181.    Confidentiality of records kept by approved provider
   182.    Confidentiality of records kept by family day care educator
   183.    Storage of records and other documents
   184.    Storage of records after service approval transferred

              Subdivision 5 - Law and regulations to be available

   185.    Law and regulations to be available

CHAPTER 5 - REVIEW, ENFORCEMENT AND COMPLIANCE
           Note

   PART 5.1 - INTERNAL REVIEW

   186.    Application for internal review of reviewable decision

   PART 5.2 - ENFORCEMENT AND COMPLIANCE

   187.    Prescribed form of identity card
   188.    Compliance directions
   189.    Application to cancel prohibition notice
   190.    Infringement offences
   191.    False or misleading information or documents

CHAPTER 6 - ADMINISTRATION
           Note

   PART 6.1 - AUSTRALIAN CHILDREN'S EDUCATION AND CARE QUALITY AUTHORITY

   192.    Co-operation with prescribed classes of body
   193.    Allocating, transferring or reimbursing money to a participating jurisdiction
   194.    Investment of Authority Fund

   PART 6.2 - INFORMATION, RECORDS AND PRIVACY--NATIONAL AUTHORITY AND REGULATORY AUTHORITIES

           Division 1 - Application of Commonwealth Privacy Act 1988

   195.    Application of Commonwealth Privacy Act 1988
   196.    Modifications relating to National Education and Care Services Privacy Commissioner and staff
   197.    Modifications about financial matters
   198.    Modifications about annual report
   199.    Modifications relating to National Authority and Regulatory Authorities
   200.    Modifications relating to determinations
   201.    Miscellaneous modifications
   202.    Relevant administrative tribunal
   203.    Regulations

           Division 2 - Application of Commonwealth Freedom of Information Act 1982

   204.    Application of Commonwealth Freedom of Information Act 1982
   205.    Modifications relating to National Education and Care Services Freedom of Information Commissioner and staff
   206.    Modifications about financial matters
   207.    Modifications about annual report
   208.    Modifications relating to National Authority and Regulatory Authorities
   209.    Miscellaneous modifications
   210.    Relevant administrative tribunal
   211.    Regulations

           Division 3 - Application of New South Wales State Records Act 1998

   212.    Application of State Records Act
   213.    Modifications relating to State Records Authority and its Board and Director
   214.    Modifications relating to National Authority
   215.    Modifications relating to Ministerial Council
   216.    Miscellaneous modifications
   217.    Regulations

           Division 4 - Application of Commonwealth Ombudsman Act 1976

   218.    Application of Commonwealth Ombudsman Act
   219.    Modifications relating to Education and Care Services Ombudsman and staff
   220.    Modifications about financial matters
   221.    Modifications about annual report
   222.    Modifications relating to National Authority and Regulatory Authorities
   223.    Miscellaneous modifications
   224.    Relevant administrative tribunal
   225.    Regulations

           Division 5 - Publication of information

   226.    Publication of information
   227.    Compliance and enforcement information
   228.    Timing of publication where internal or external review of enforcement action is available

           Division 6 - Registers

   229.    Register of approved providers
   230.    Register of approved education and care services
   231.    (Repealed)

   PART 6.3 - FEES

           Division 1 - Provisions applying generally to fees

   232.    Definitions
   233.    Calculation of indexation factor for a financial year
   234.    Fee amount to be rounded down to nearest whole dollar
   235.    Late payment fees (annual fees)
   236.    Waiver, reduction, deferral and refund of fees
   236A.   Publication of prescribed and other required fees

           Division 2 - Prescribed and other fees between 17 April 2023 and 30 June 2023

   236B.   Prescribed fees and other fees between 17 April 2023 and 30 June 2023

           Division 3 - Prescribed and other fees on and after 1 July 2023

   236C.   Prescribed fee--application for provider approval
   236D.   Prescribed fees--application for service approval
   236E.   Prescribed annual fees
   236F.   Prescribed fee--application for amendment of service approval
   236G.   Prescribed fee--notification of intended transfer of service approval
   236H.   Prescribed fee--application for service waiver
   236I.   Prescribed fee--application for temporary waiver
   236J.   Prescribed fee--application for temporary waiver
   236K.   Prescribed fee--application for reassessment and re-rating
   236L.   Prescribed fee--application for review by the Ratings Review Panel of rating level
   236M.   Prescribed fees--copy of or extract from registers
   236N.   Prescribed fees for other applications
   236O.   Relevant fee for an application for qualification to be assessed for inclusion on the list of approved qualifications
   236P.   Relevant fee--application for determination of equivalent qualification

   PART 6.4 - DELEGATIONS

   237.    Delegation

CHAPTER 7 - JURISDICTION-SPECIFIC AND TRANSITIONAL AND SAVING PROVISIONS
           Note

   PART 7.1 - GENERAL TRANSITIONAL AND SAVING PROVISIONS
   Divisions 1, 1A - (Repealed)
   None

           Division 2 - Staffing arrangements

   239.    Centre-based service offering a preschool program in a composite class in a school
   239A.   Centre-based services in remote and very remote areas--attendance of early childhood teachers
   240.    Centre-based services in remote and very remote areas--qualifications for educators
   241.    Persons taken to hold an approved early childhood teaching qualification
   242.    Persons taken to be early childhood teachers
   243.    Persons taken to hold an approved diploma level education and care qualification
   243A.   Persons taken to hold an approved diploma level education and care qualification for regulation 128 in Queensland
   244.    Persons taken to hold an approved certificate III level education and care qualification
           245-247. (Repealed)

           Division 3 - Physical environment

   248.    Centre-based service offering a preschool program in a composite class in a school
   249.    Declared approved services (other than declared approved family day care services)
   250.    Declared approved family day care services
   251.    Declared out of scope services

           Division 4 - Information retention and sharing

   252.    Information held by Regulatory Authority or regulatory body
   253.    Information kept by approved provider

           Division 5 - Declared approved learning frameworks

   254.    Declared approved learning frameworks

           Division 6 - Fees

   255.    Fees for application for provider approval for declared out of scope service

           Division 7 - General provisions relating to exemptions

   256.    Publication where service taken to comply with regulations
   257.    Application for removal of exemption

   PART 7.2 - AUSTRALIAN CAPITAL TERRITORY--SPECIFIC PROVISIONS

           Division 1 - Application of Part 7.2

   258.    Application of Part 7.2
   259.    Definitions

           Division 2 - Children over preschool age--minimum number of educators and qualifications required

   260.    Educator to child ratio--children over preschool age--centre-based services
   261.    General qualifications for educators--children over preschool age--centre-based services
   262.    Required qualifications to be a qualified educator for children over preschool age

           Division 3 - Transitional provisions--staffing arrangements

              Subdivision 1 - Centre-based services

   263.    (Repealed)
   264.    General qualifications for educators--centre-based services
   265.    Required qualifications to be a qualified educator--unexpected absence of qualified educator
   266.    (Repealed)
   267.    Early childhood teacher--60 or more children
           Subdivisions 2, 3 - (Repealed)
           None

   PART 7.3 - NEW SOUTH WALES--SPECIFIC PROVISIONS

           Division 1 - Application of Part 7.3

   270.    Application of Part 7.3

           Division 2 - Minimum number of educators and qualifications and training required

   271.    Educator to child ratios--children aged 36 months or more but less than 6 years
   272.    Early childhood teachers--children preschool age or under

           Division 3 - Additional ongoing requirements

   273.    (Repealed)
   274.    Swimming pools
   274A.   Programs for children over preschool age

           Division 4 - Transitional and saving provisions--staffing arrangements

              Subdivision 1 - Centre-based services

           275-277. (Repealed)
   278.    Qualifications for primary contact staff members--saving
   279.    (Repealed)

              Subdivision 2 - (Repealed)
              None

           Division 5 - (Repealed)
           None

           Division 6 - Transitional provisions--physical environment

   285.    Space requirements
   286.    School based children's services operating before 1 July 2008--saving
   287.    Declared out of scope services--indoor space requirements

   PART 7.4 - NORTHERN TERRITORY--SPECIFIC PROVISIONS

           Division 1 - Application of Part 7.4

   288.    Application of Part 7.4

           Division 2 - Children over preschool age--educator qualification and other requirements

   289.    (Repealed)
   289A.   Programs for children over preschool age
   290.    General qualification requirements for educators--children over preschool age

           Division 3 - Transitional and saving provisions--staffing arrangements

              Subdivision 1 - Centre-based services

           291-293. (Repealed)
   294.    Early childhood teacher--60 or more children

              Subdivision 2 - (Repealed)
              None

   PART 7.5 - QUEENSLAND--SPECIFIC PROVISIONS

           Division 1 - Application of Part 7.5

   297.    Application of Part 7.5

           Division 2 - Children over preschool age--educator qualification and other requirements

   298.    (Repealed)
   298A.   Programs for children over preschool age
   299.    General qualification requirements for educators--children over preschool age

           Division 2A - Rest period conditions

              Subdivision 1 - Definitions

   299A.   Definitions

              Subdivision 2 - Service approval with rest period condition

   299B.   Application of Subdivision 2
   299C.   Educator to child ratios during rest period
   299D.   Additional staff members or volunteers
   299E.   Qualifications for educators

              Subdivision 3 - Rest pauses and short absences

   299F.   Educator to child ratios when educator, early childhood teacher or suitably qualified person on rest pause
   299G.   Access to or attendance of early childhood teacher or suitably qualified person on rest pause
   299H.   Educator to child ratios when educator, early childhood teacher or suitably qualified person absent for 5 minutes or less
   299I.   Access to or attendance of early childhood teacher or suitably qualified person absent for 5 minutes or less

           Division 3 - Transitional provisions--staffing arrangements--general

              Subdivision 1 - Centre-based services

   300.    Educator to child ratios--children aged 15 months to 24 months
           301-303. (Repealed)
   304.    Early childhood teacher--60 or more children

              Subdivision 2 - (Repealed)
              None

           Division 4 - (Repealed)
           None

   PART 7.6 - SOUTH AUSTRALIA--SPECIFIC PROVISIONS

           Division 1 - Application of Part 7.6

   318.    Application of Part 7.6
   319.    Definitions

           Division 2 - Children over preschool age--qualifications required

   320.    (Repealed)
   321.    General qualification requirements for educators--children over preschool age

           Division 3 - Minimum number of educators and qualifications required--preschool age or under

              Subdivision 1 - Centre-based services

           322, 323. (Repealed)
   324.    Early childhood teachers--preschools

              Subdivision 2 - Family day care services

   325.    (Repealed)

           Division 3A - Minimum number of educators during short absences

   325A.   Educator to child ratios during short absence of educators

           Division 3B - Additional ongoing requirements

   325B.   Programs for children over preschool age

           Division 4 - Transitional and saving provisions--staffing arrangements

              Subdivision 1 - Centre-based services

           326-331. (Repealed)
   332.    Early childhood teacher--60 or more but fewer than 81 children
   333.    Early childhood teacher in attendance--more than 80 children
   333A.   (Repealed)

              Subdivision 2 - Family day care services

   334.    Educator to child ratios--exemption condition for family day care services
   335.    Transitional provision--educator to child ratios--Regulatory Authority may continue to exempt family day care service
   336.    (Repealed)

           Division 5 - Saving provisions--physical environment

   337.    Centre-based services indoor and outdoor space requirements
   338.    Preschool indoor and outdoor space requirements
   339.    Over preschool age--indoor and outdoor space requirements

   PART 7.7 - TASMANIA--SPECIFIC PROVISIONS

           Division 1 - Application of Part 7.7

   340.    Application of Part 7.7

           Division 2 - Staffing arrangements

   341.    (Repealed)
   342.    Educator to child ratio--children preschool age and under who are 36 months of age or over
   342A.   Educator to child ratios during short absence of educators
   343.    Qualifications for educators--preschools
   344.    Working with vulnerable people registration--staff members

           Division 3 - Swimming pools

   345.    Swimming pool prohibition

           Division 3A - Additional ongoing requirements

   345A.   Programs for children over preschool age

           Division 4 - Transitional provisions--staffing arrangements

              Subdivision 1 - Centre-based services

           346-348. (Repealed)
   349.    Early childhood teacher in attendance--60 or more children

              Subdivision 2 - (Repealed)
              None

           Division 5 - Transitional provisions--physical environment

   353.    Physical environment requirements

   PART 7.8 - VICTORIA--SPECIFIC PROVISIONS

           Division 1 - Application of Part 7.8

   354.    Application of Part 7.8

           Division 2 - Minimum number of educators and qualifications required

   355.    (Repealed)
   356.    Qualifications for educators--children over preschool age
   357.    Educator to child ratio--children aged over 24 months but less than 36 months

           Division 3 - Other staffing arrangements

   358.    Working with children check to be read
   359.    Criminal history record check to be read and considered

           Division 3A - Additional ongoing requirements

   359A.   Programs for children over preschool age

           Division 4 - Transitional and saving provisions--staffing arrangements

              Subdivision 1 - Centre-based services

           360-362. (Repealed)
   363.    Early childhood teacher in attendance--60 or more children
   364.    Educational qualifications--centre-based services--saving of existing experience and qualification

              Subdivision 2 - Family day care services

   365.    (Repealed)
   366.    Qualifications for family day care educators--saving of existing experience and qualifications

   PART 7.9 - WESTERN AUSTRALIA--SPECIFIC PROVISIONS

           Division 1 - Application of Part 7.9

   367.    Application of Part 7.9
   368.    Definitions

           Division 2 - Minimum number of educators and qualifications required--children over preschool age

   369.    Educator to child ratios--children over preschool age
   370.    General qualification requirements for educators--children over preschool age

           Division 3 - Minimum number of educators and qualifications required--centre-based services--children preschool age or under

   371.    (Repealed)
   372.    Educator to child ratio--pre-kindergarten programme or kindergarten programme provided by a school
   373.    Early childhood teachers--pre-kindergarten programme or kindergarten programme provided by a school

           Division 3A - Additional ongoing requirements

   373A.   Programs for children over preschool age

           Division 4 - Transitional provisions--staffing arrangements

              Subdivision 1 - Centre-based services

           374-378. (Repealed)
   379.    Educators required to be early childhood teachers

              Subdivision 2 - Family day care services

           380-382. (Repealed)

           Division 5 - Saving provision--physical environment

   383.    Saving provision--education and care services provided by a school

   PART 7.10 - TRANSITIONAL AND SAVINGS PROVISIONS--EDUCATION AND CARE SERVICES NATIONAL AMENDMENT REGULATIONS 2017

           Division 1 - General

   384.    (Repealed)

           Division 2 - Australian Capital Territory

           385, 386. (Repealed)

           Division 3 - New South Wales

   387.    Application of Division
   388.    Educator to child ratios--centre-based services

           Division 4 - Queensland

           389, 390. (Repealed)

           Division 5 - Tasmania

           391, 392. (Repealed)

           Division 6 - Western Australia

           393, 394. (Repealed)

   PART 7.11 - TRANSITIONAL AND SAVINGS PROVISIONS--EDUCATION AND CARE SERVICES NATIONAL FURTHER AMENDMENT REGULATIONS 2017

   395.    Definition
   396.    Quality improvement plan held prior to commencement day
   397.    Assessments commenced prior to commencement day
   398.    Reassessment or partial reassessment commenced prior to commencement day
   399.    Partial reassessment between the commencement day and the relevant day
   400.    Suspension of initial assessment or reassessment commenced prior to commencement day
   401.    Suspension of partial reassessment commenced prior to commencement day
   402.    Prescribed provisional rating level held prior to commencement day
   403.    Prescribed rating level held prior to commencement day

   PART 7.12 - TRANSITIONAL AND SAVINGS PROVISIONS--EDUCATION AND CARE SERVICES NATIONAL AMENDMENT REGULATIONS 2019

           Division 1 - Australian Capital Territory

           404, 405. (Repealed)

           Division 2 - Queensland

           406, 407. (Repealed)

           Division 3 - Tasmania

           408, 409. (Repealed)

           Division 4 - Western Australia

           410, 411. (Repealed)

   PART 7.13 - TRANSITIONAL AND SAVINGS PROVISIONS--EDUCATION AND CARE SERVICES NATIONAL AMENDMENT REGULATIONS 2021

           Division 1 - General transitional and savings provision

   412.    Requirement to display information in relation to the rating of an education and care service

           Division 2 - Northern Territory

   413.    Application of Division
   414.    Transportation of and taking children from education and care service premises

   PART 7.14 - TRANSITIONAL AND SAVINGS PROVISIONS--EDUCATION AND CARE SERVICES NATIONAL AMENDMENT REGULATIONS 2023

           Division 1 - General

   415.    Family day care educator qualifications
           SCHEDULE - National Quality Standard
           SCHEDULE 2
           SCHEDULE 3


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