Queensland Consolidated Regulations

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EDUCATION AND CARE SERVICES NATIONAL REGULATIONS - NOTES

- Made under the Education and Care Services National Law (Queensland) - As at 1 October 2023 - Reg ecsnr of 2011

Note to Chapter 1 Editor’s note—

The Education and Care Services National Regulations are a law of Queensland under the Education and Care Services National Law (Queensland). It is intended a new reprint of the National Regulations will be prepared by the Office of the Queensland Parliamentary Counsel when any change in the National Regulations takes effect.

Note to Chapter 1 Guide to Chapter 1

This Chapter sets out the title to these Regulations, the provisions of the Education and Care Services National Law that authorise these Regulations and the commencement date for these Regulations.
This Chapter also sets out the definitions of key terms used in these Regulations.

Note to Chapter 2 Guide to Chapter 2

This Chapter sets out requirements for obtaining provider approvals and service approvals.
Part 2.1 deals with the process of obtaining provider approvals and includes the information required for applications.
Part 2.2 contains matters relating to service approvals.
Division 1 deals with applications for service approvals, conditions on service approvals and annual fees for service approvals.
Division 2 deals with amendment of service approvals and notices of change to nominated supervisors.
Division 3 deals with the transfer of service approvals from one approved provider to another.
Division 4 deals with the suspension of service approvals.
Division 5 deals with the process for obtaining a service waiver.
Division 6 deals with the process for obtaining a temporary waiver.

Note to Chapter 3 Guide to Chapter 3

This Chapter outlines the assessment and ratings process for an education and care service and applies to all education and care services.
Part 3.1 sets out the requirements for preparation and review of quality improvement plans.
Part 3.2 sets out the different rating levels that may be given to an education and care service and the method used to determine a rating.
Part 3.3 deals with assessments.
Division 1 sets out the process for making assessments of approved education and care services and determining ratings, including the matters that the Regulatory Authority must consider.
Division 2 sets out the process for applying for reassessment of an education and care service.
Part 3.4 deals with reviews of ratings.
Division 1 sets out the process for applying for a review of a rating of an education and care service by the Regulatory Authority.
Division 2 sets out the process for applying for a further review of a rating of an education and care service by a rating review panel.
Part 3.5 sets out the process by which the approved provider of an education and care service, if eligible, may apply for the highest rating.
Part 3.6 sets out offences relating to falsely representing ratings.

Note to Chapter 4 Guide to Chapter 4

This Chapter contains requirements for operating an education and care service. This Chapter is relevant for all services and is aligned with the National Quality Standard.
Part 4.1 AA sets out a requirement regarding the location of offices of a family day care service.
Part 4.1 sets out requirements for an educational program and practice for a service. The regulations in this Part are relevant to quality area 1 of the National Standard.
Part 4.2 sets out requirements for services relating to children’s health and safety. The regulations in this Part are relevant to quality area 2 of the National Standard.
Division 1 sets out requirements to be put in place for the health, safety and wellbeing of children.
Division 1A sets out requirements relating to the sleep and rest of children.
Division 2 sets out the requirements for policies and procedures relating to incidents, injuries, trauma and illness.
Division 3 sets out requirements for a medical conditions policy and medication procedures.
Division 4 sets out matters relating to the administration of medication.
Division 5 sets out matters relating to emergencies and communication.
Division 6 sets out requirements for collection of children from premises and excursions.
Part 4.3 sets out the physical environment requirements for services. These requirements may differ depending on whether the service is a centre-based service or a family day care service. The regulations in this Part are relevant to quality area 3 of the National Standard.
Division 1 sets out the requirements for premises for both centre-based services and family day care services.
Division 2 sets out the additional requirements for centre-based services.
Division 3 sets out the additional requirements for family day care services.
Part 4.3 A sets out the minimum requirements for persons in day-to-day charge and nominated supervisors.
Part 4.4 sets out staffing requirements for education and care services, including minimum numbers of educators, qualification requirements, requirements for early childhood teachers and family day care educator assistants and staff and educator records and registers. The regulations in this Part are relevant to quality area 4 of the National Standard.
Part 4.5 sets out provisions relating to relationships between children and educators. The regulations in this Part are relevant to quality area 5 of the National Standard.
Part 4.6 sets out a requirement for services to have collaborative relationships with families. The regulations in this Part are relevant to quality area 6 of the National Standard.
Part 4.7 sets out matters relating to management and leadership in services. The regulations in this Part are relevant to quality area 7 of the National Standard.
Division 1 sets out matters relating to the management of services.
Division 2 sets out matters relating to policies and procedures for services.
Division 3 sets out information and record-keeping requirements.

Note to Chapter 5 Guide to Chapter 5

This Chapter contains provisions relating to review, enforcement and compliance.
Part 5.1 provides for the process of applying for internal review of decisions of the Regulatory Authority.
Part 5.2 contains provisions relating to enforcement and compliance, including the form of identity cards, compliance directions, cancellation of prohibition notices, infringement offences and false or misleading information or documents.

Note to Chapter 6 Guide to Chapter 6

This Chapter contains provisions relating to administrative matters and applies in relation to all education and care services.
Part 6.1 sets out provisions relating to the National Authority.
Part 6.2 sets out matters relating to information, records and privacy affecting the National Authority and Regulatory Authorities.
Division 1 contains provisions relating to the application of the Commonwealth Privacy Act 1988.
Division 2 contains provisions relating to the application of the Commonwealth Freedom of Information Act 1982.
Division 3 contains provisions relating to the application of the New South Wales State Records Act 1998.
Division 4 contains records relating to the application of the Commonwealth Ombudsman Act 1976.
Division 5 contains provisions relating to the publication of information by the National Authority and Regulatory Authority.
Division 6 contains provisions relating to registers of approved providers, approved education and care services and certified supervisors.
Part 6.3 contains provisions relating to fees.
Part 6.4 sets out classes of persons to whom delegations can be made.

Note to Chapter 7 Guide to Chapter 7

This Chapter contains transitional and saving provisions.
Part 7.1 contains general transitional and saving provisions.
Part 7.2 contains provisions relating to the Australian Capital Territory.
Part 7.3 contains provisions relating to New South Wales.
Part 7.4 contains provisions relating to the Northern Territory.
Part 7.5 contains provisions relating to Queensland.
Part 7.6 contains provisions relating to South Australia.
Part 7.7 contains provisions relating to Tasmania.
Part 7.8 contains provisions relating to Victoria.
Part 7.9 contains provisions relating to Western Australia.
Part 7.10 contains transitional and savings provisions that relate to the Education and Care Services National Amendment Regulations 2017.

Note to Division 2


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