EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012

Western Australian Current Regulations

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EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012

TABLE OF PROVISIONS

CHAPTER 1 -- Preliminary

1. Citation
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

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 regulations
42. Prescribed information -- application for service waiver
43. Prescribed period -- revocation of service waiver

Division 6 -- Temporary waiver

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

CHAPTER 3 -- Assessments and ratings

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 reapplication for the highest rating

PART 3.6 -- Offences

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

CHAPTER 4 -- Operational requirements

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 and evidence of development of educational programs
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
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 1A -- Sleep and rest

84A. Sleep and rest
84B. Sleep and rest policies and procedures
84C. Risk assessment for purposes of sleep and rest policies and procedures
84D. Prohibition of bassinets

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 6A -- Safe arrival of children

102AA. Definition
102AAB. Safe arrival of children policies and procedures
102AAC. Risk assessment for the purposes of safe arrival of children policies and procedures

Division 7 -- Transportation of children other than as part of 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 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
116A. Inspection of swimming pools, water features and other potential water hazards at family day care residences and approved family day care venues
116B. Inspection report
116C. Compliance with fencing requirements for swimming pools at 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 qualified educator who is required to meet 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

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

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
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
180. Evidence of prescribed insurance
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
185. Law and regulations to be available

CHAPTER 5 -- Review, enforcement and compliance

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

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

PART 6.3 -- Fees

Division 1 -- Provisions applying generally to fees

232. Definitions
233. Calculation of indexation factor for 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 commencement day and 30 June 2023

236B. Prescribed fees and other fees for period beginning on commencement day and ending on 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 to extend temporary waiver
236K. Prescribed fee -- application for reassessment and re‑rating
236L. Prescribed fee -- application for review by Ratings Review Panel of rating level
236M. Prescribed fees -- copy of or extract from registers
236N. Prescribed fees -- other applications
236O. Relevant fee -- application for qualification to be assessed for inclusion on 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

PART 7.1 -- General transitional and saving provisions

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. Qualifications for educators -- centre‑based service
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

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

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

PART 7.3 -- New South Wales -- specific provisions

PART 7.4 -- Northern Territory -- specific provisions

PART 7.5 -- Queensland -- specific provisions

PART 7.6 -- South Australia -- specific provisions

PART 7.7 -- Tasmania -- specific provisions

PART 7.8 -- Victoria -- specific provisions

PART 7.9 -- Western Australia -- specific provisions

Division 1 -- Application of PART 7.9

367. Application of PART 7.9
368. Definitions

Division 1A -- Exceeding National Quality Standard

368A. Exceeding National Quality Standard: educational program and practice quality area

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

369. Educator to child ratios and 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

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 -- Communication equipment at family day care residences and approved family day care venues

373A. Telephones or other communication equipment at family day care residences and approved family day care venues

Division 3B -- Swimming pools, outdoor spas and hazardous water features at family day care residences and approved family day care venues

373B. Terms used
373C. Conditions on service approval: restrictions on engaging or registering educators operating at residence or venue with swimming pool or outdoor spa
373D. Condition on service approval: register of residences and venues with swimming pool, outdoor spa or hazardous water feature
373DA. Condition on service approval: safety devices for swimming pools and outdoor spas
373E. Condition on service approval: water hazard safety inspections
373F. Offences relating to water hazard safety inspection reports: approved provider
373G. Offences relating to water hazard safety inspection reports: family day care educator

Division 4 -- Transitional provisions -- staffing arrangements

379. Educators required to be early childhood teachers

Division 5 -- Saving provision -- physical environment

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

Division 6 -- Other transitional matters

384. Monetary orders under former education and care services law
385. Proceedings under former education and care services law

PART 7.10 -- Transitional and savings provisions -- Education and Care Services National Amendment Regulations (No. 3) 2018

Division 2 -- Australian Capital Territory

Division 3 -- New South Wales

Division 4 -- Queensland

Division 5 -- Tasmania

Division 6 -- Western Australia

PART 7.11 -- Transitional and savings provisions for Education and Care Services National Amendment Regulations 2018

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 saving provisions for Education and Care Services National Amendment Regulations 2019

Division 1 -- Australian Capital Territory

Division 2 -- Queensland

Division 3 -- Tasmania

Division 4 -- Western Australia

PART 7.13 -- Transitional and saving provisions for Education and Care Services National Amendment Regulations (No. 2) 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

PART 7.14 -- Transitional and savings provisions for Education and Care Services National Amendment Regulations (No. 3) 2023

Division 1 -- General

PART 7.15 -- Transitional and savings provisions for Education and Care Services National Amendment Regulations (No. 4) 2023

415. Family day care educator actively working towards qualification prior to commencement day
SCHEDULE 1 -- National Quality Standard
SCHEDULE 2 -- Prescribed fees for period beginning on commencement day and ending on 30 June 2023
SCHEDULE 3 -- Compliance directions -- prescribed provisions
SCHEDULE 4 -- Prescribed forms

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