New South Wales Consolidated Regulations

EDUCATION AND CARE SERVICES NATIONAL REGULATIONS - REG 116

116 Assessments of family day care residences and approved family day care venues

(1) The approved provider of a family day care service must conduct an assessment (including a risk assessment) of each proposed residence and each proposed family day care venue of the service before education and care is provided to children at the residence or venue as part of the service to ensure that the health, safety and wellbeing of children who are educated and cared for by the service are protected.

Penalty: $2000.

(1A) Subregulation (1) does not apply in respect of an approved family day care venue if an assessment (including a risk assessment) of the family day care venue was included in--

(a) an application for a service approval under regulation 26(n)(iii); or

(b) an application to amend a service approval under regulation 34(f)(iii).

(1B) The approved provider of a family day care service must conduct an assessment (including a risk assessment) of each residence and each approved family day care venue of the service at least annually to ensure that the health, safety and wellbeing of children who are educated and cared for by the service are protected.

Penalty: $2000.

(2) The following matters must be considered as part of an assessment--

(a) the matters relating to family day care services in Division 1 and regulation 117;

(b) the suitability of the residence (and areas within the residence) or venue according to the number, ages and abilities of children attending, or likely to attend, the service at the residence or venue;

(c) the suitability of nappy change arrangements for children attending, or likely to attend, the service at the residence or venue, who wear nappies;

(d) the existence of any water hazards, water features or swimming pool at or near the residence or venue;

(e) the risk posed by any animals at the residence or venue.

(3) The approved provider of a family day care service must require each family day care educator educating and caring for children at a residence or approved family day care venue as part of the service to advise the provider of--

(a) any proposed renovations to the residence or venue; and

(b) any changes relating to the residence or venue affecting any of the matters set out in subregulation (2); and

(c) any other changes to the residence or venue that will affect the education and care provided to children at the service.

Note : A compliance direction may be issued for failure to comply with subregulation (1).