New South Wales Consolidated Regulations

EDUCATION AND CARE SERVICES NATIONAL REGULATIONS - REG 168

168 Education and care service must have policies and procedures

(1) The approved provider of an education and care service must ensure that the service has in place policies and procedures in relation to the matters set out in subregulation (2).

Penalty: $1100.

Note--: These may include policies and procedures prepared by the approved provider in accordance with an education law of the participating jurisdiction.

(2) Policies and procedures are required in relation to the following--

(a) health and safety, including matters relating to--

(i) nutrition, food and beverages, dietary requirements; and

(ii) sun protection; and

(iii) water safety, including safety during any water-based activities; and

(iv) the administration of first aid; and

(v) sleep and rest for children, including the matters set out in regulation 84B;

(b) incident, injury, trauma and illness procedures complying with regulation 85;

(c) dealing with infectious diseases, including procedures complying with regulation 88;

(d) dealing with medical conditions in children, including the matters set out in regulation 90;

(e) emergency and evacuation, including the matters set out in regulation 97;

(f) delivery of children to, and collection of children from, education and care service premises, including procedures complying with regulation 99;

(g) excursions, including procedures complying with regulations 100 to 102;

(ga) if the service transports or arranges transportation of children other than as part of excursions, transportation including procedures complying with Division 7 of Part 4.2 of Chapter 4;

(gb) the safe arrival of children who travel between an education and care service and any other education or early childhood service within the meaning of regulation 102AA, including the matters set out in regulation 102AAB;

(h) providing a child safe environment, including matters relating to--

(i) the promotion of a culture of child safety and wellbeing within the service; and

(ii) the safe use of online environments at the service;

(i) staffing, including--

(i) a code of conduct for staff members; and

(ii) determining the responsible person present at the service; and

(iii) the participation of volunteers and students on practicum placements;

(j) interactions with children, including the matters set out in regulations 155 and 156;

(k) enrolment and orientation;

(l) governance and management of the service, including confidentiality of records;

(m) the acceptance and refusal of authorisations;

(n) payment of fees and provision of a statement of fees charged by the education and care service;

(o) dealing with complaints, including matters relating to--

(i) the provision of a complaint handling system at the service that is child focused; and

(ii) the management of a complaint that alleges a child is exhibiting harmful sexual behaviours.

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