Education and Care Services National Regulations (2011-653) (NSW)

Education and Care Services National Regulations (2011 SI 653)

Chapter 1 Preliminary

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.

1 Title These Regulations may be cited as the Education and Care Services National Regulations.

2 Authorising provisions These Regulations are made under sections 301 and 324 of the Education and Care Services National Law.

3 Commencement These Regulations commence on 1 January 2012.

Note. The commencement dates for the Education and Care Services National Regulations 2012 of Western Australia were— (a) regulations 1 and 3, 25 July 2012; (b) the rest of the regulations, 1 August 2012.

4 Definitions (1) In these Regulations— ABN has the same meaning as in section 41 of the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth; actively working towards a qualification—see regulation 10; approved certificate III level education and care qualification means— (a) a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved certificate III level education and care qualifications published under regulation 137; or (b) a qualification included in the list of approved diploma level education and care qualifications or approved early childhood teaching qualifications published under regulation 137; approved diploma level education and care qualification means— (a) a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved diploma level education and care qualifications published under regulation 137; or (b) a qualification included in the list of approved early childhood teaching qualifications published under regulation 137; approved early childhood teaching qualification means a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved early childhood teaching qualifications published under regulation 137; approved education and care qualification, in regulations 126A, 135 and 324, means— (a) an approved certificate III level education and care qualification; or (b) an approved diploma level education and care qualification; or (c) an approved early childhood teaching qualification; approved number of places, in relation to a centre-based service, means the maximum number of children who can be educated and cared for by the service at any one time, stated on the service approval under section 52(g) of the Law; bankruptcy declaration means a declaration made by an individual about any proceeding in bankruptcy brought against the individual including— (a) whether any actions have been taken against the individual under Part IV of the Bankruptcy Act 1966 of the Commonwealth; and (b) whether the individual has made any debt agreement under Part IX of the Bankruptcy Act 1966 of the Commonwealth; and (c) whether the individual has made any personal insolvency agreement under Part X of the Bankruptcy Act 1966 of the Commonwealth; building law means a law generally regulating building construction and demolition; building permit means a permit or consent to carry out building work issued under a building law or planning and development law of a participating jurisdiction; building practitioner means— (a) a person who is registered as a building surveyor, building inspector or draftsperson under a law of a participating jurisdiction; or (b) a person who is registered as an architect under a law of a participating jurisdiction; or (c) a person who is licensed as a surveyor under a law of a participating jurisdiction; or (d) a person who is licensed or registered as a building certifier under a law of a participating jurisdiction; or (e) a person who is accredited under a law of a participating jurisdiction to design buildings that will be used to provide education and care services; centre-based service means an education and care service other than a family day care service; certificate of final inspection means a certificate issued on completion of building work by a building practitioner under a building law or planning and development law of a participating jurisdiction; child over preschool age means a child who— (a) is enrolled or registered at a school; and (b) attends, or in the current calendar year will attend, school in the year before grade 1 or in grade 1 or a higher grade; child preschool age or under means a child under the age of 7 years who is not a child over preschool age; criminal history record check means a full disclosure Australia-wide criminal history record check, issued by a police force or other authority of a State or Territory or the Commonwealth; criminal history statement means a statement made by an individual that— (a) states whether the individual has been convicted in Australia of any offences relevant to a person seeking to work with children; and (b) includes details of those convictions; diagnosed as at risk of anaphylaxis, in relation to a child, means a child who has been diagnosed by a registered medical practitioner as at risk of anaphylaxis; disciplinary proceedings statement means a statement made by an individual that states— (a) whether the individual is or has been subject to a formal disciplinary proceeding or action under an education law of a participating jurisdiction (other than a proceeding or action that was unsuccessful or was withdrawn); and (b) the outcome of the proceeding or action (if known); early childhood teacher means a person with an approved early childhood teaching qualification; educational program means a program referred to in section 168 of the Law; emergency, in relation to an education and care service, means an incident, situation or event where there is an imminent or severe risk to the health, safety or wellbeing of a person at the education and care service;