Education and Care Services National Regulations 2012 (WA)

Western Australia Education and Care Services National Law (Western Australia) Education and Care Services National Regulations 2012 Western Australia Education and Care Services National Regulations 2012 Contents Chapter 1 — Preliminary 1. Citation 1 2. Authorising provisions 1 3. Commencement 1 4. Definitions 1 5. Services that are not education and care services 1 6. Eligible association 1 7. Prescribed rating system 1 8. National Quality Standard 1 9. Prescribed entities 1 10. Meaning of actively working towards a qualification 1 11. Meaning of in attendance at a centre‑based service 1 12. Meaning of serious incident 1 13. Meaning of working directly with children 1 Chapter 2 — Approvals Part 2.1 — Provider approvals 14. Application for provider approval by individual 1 15. Application for provider approval by person other than an individual 1 16. Matters relating to criminal history 1 17. Application for amendment of provider approval 1 18. Maximum period of suspension of provider approval 1 19. Application for voluntary suspension of provider approval 1 20. Application by individual executor for provider approval 1 21. Application by executor other than an individual for provider approval 1 22. Application by individual for provider approval on incapacity of approved provider 1 23. Application by person other than an individual for provider approval on incapacity of approved provider 1 Part 2.2 — Service approvals Division 1 — Applications for service approvals 24. Application for service approval — centre‑based service 1 25. Additional information about proposed education and care service premises 1 25A. Application for service approval for a centre‑based service — relocation of existing centre‑based service 1 26. Application for service approval — family day care service 1 27. Additional matters to have regard to in determining application for service approval 1 28. Additional grounds for refusal to grant service approval 1 29. Condition on service approval — insurance 1 30. Condition on service approval — family day care educator insurance 1 31. Condition on service approval — quality improvement plan 1 32. Condition on service approval — entitlement to occupy premises 1 32A. Condition on service approval — maximum number of family day care educators 1 33. Annual fees 1 Division 2 — Amendment of service approval and notice of change to nominated supervisor 34. Prescribed information for application to amend service approval 1 35. Notice of addition of new nominated supervisor 1 Division 3 — Transfer of service approval 36. Notice of transfer of service approval — centre‑based service 1 37. Notice of transfer of service approval — family day care service 1 38. Notification of decision to intervene in transfer of service approval 1 Division 4 — Suspension of service approval 39. Maximum period of suspension of service approval 1 40. Application for voluntary suspension of service approval 1 Division 5 — Service waiver 41. Service waiver — prescribed regulations 1 42. Prescribed information — application for service waiver 1 43. Prescribed period — revocation of service waiver 1 Division 6 — Temporary waiver 44. Temporary waiver — prescribed regulations 1 45. Application for temporary waiver 1 Chapter 3 — Assessments and ratings Part 3.1 — Quality improvement plans 55. Quality improvement plans 1 56. Review and revision of quality improvement plans 1 Part 3.2 — Prescribed rating levels 57. Rating levels 1 58. Prescribed provisional rating 1 59. Significant Improvement Required 1 60. Working Towards National Quality Standard 1 61. Meeting National Quality Standard 1 62. Exceeding National Quality Standard 1 Part 3.3 — Assessment Division 1 — Assessment 63. Assessing approved education and care services 1 64. Matters for determination of rating 1 65. Assessment and rating of new education and care services 1 Division 2 — Reassessment 66. Application for reassessment 1 67. Reassessment by Regulatory Authority 1 Part 3.4 — Review of ratings Division 1 — Review of ratings by Regulatory Authority 68. Prescribed information for request for review of rating 1 Division 2 — Review of ratings by Ratings Review Panel 69. Application for further review by Ratings Review Panel 1 70. Prescribed areas of expertise or expert knowledge of Ratings Review Panel pool 1 Part 3.5 — Highest rating 70A. Prescribed rating levels for application for highest rating 1 71. Application or reapplication for the highest rating 1 Part 3.6 — Offences 72. Offences in relation to giving false or misleading statements about ratings 1 Chapter 4 — Operational requirements Part 4.1AA — Location of principal office 72A. Location of principal office of family day care service 1 Part 4.1 — Educational program and practice 73. Educational program 1 74. Documenting of child assessments and evidence of development of educational programs 1 75. Information about educational program to be kept available 1 76. Information about educational program to be given to parents 1 Part 4.2 — Children's health and safety Division 1 — Health, safety and wellbeing of children 77. Health, hygiene and safe food practices 1 78. Food and beverages 1 79. Service providing food and beverages 1 80. Weekly menu 1 82. Tobacco, drug and alcohol‑free environment 1 83. Staff members and family day care educators not to be affected by alcohol or drugs 1 84. Awareness of child protection law 1 Division 1A — Sleep and rest 84A. Sleep and rest 1 84B. Sleep and rest policies and procedures 1 84C. Risk assessment for purposes of sleep and rest policies and procedures 1 84D. Prohibition of bassinets 1 Division 2 — Incidents, injury, trauma and illness 85. Incident, injury, trauma and illness policies and procedures 1 86. Notification to parents of incident, injury, trauma and illness 1 87. Incident, injury, trauma and illness record 1 88. Infectious diseases 1 89. First aid kits 1 Division 3 — Medical conditions policy 90. Medical conditions policy 1 91. Medical conditions policy to be provided to parents 1 Division 4 — Administration of medication 92. Medication record 1 93. Administration of medication 1 94. Exception to authorisation requirement — anaphylaxis or asthma emergency 1 95. Procedure for administration of medication 1 96. Self‑administration of medication 1 Division 5 — Emergencies and communication 97. Emergency and evacuation procedures 1 98. Telephone or other communication equipment 1 Division 6 — Collection of children from premises and excursions 99. Children leaving the education and care service premises 1 100. Risk assessment must be conducted before excursion 1 101. Conduct of risk assessment for excursion 1 102. Authorisation for excursions 1 Division 6A — Safe arrival of children 102AA. Definition 1 102AAB. Safe arrival of children policies and procedures 1 102AAC. Risk assessment for the purposes of safe arrival of children policies and procedures 1 Division 7 — Transportation of children other than as part of excursion 102A. Application of Division 1 102B. Transport risk assessment must be conducted before service transports child 1 102C. Conduct of risk assessment for transporting of children by education and care service 1 102D. Authorisation for service to transport children 1 102E. Children embarking a means of transport — centre‑based service 1 102F. Children disembarking a means of transport — centre‑based service 1 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 1 104. Fencing 1 105. Furniture, materials and equipment 1 106. Laundry and hygiene facilities 1 107. Space requirements — indoor space 1 108. Space requirements — outdoor space 1 109. Toilet and hygiene facilities 1 110. Ventilation and natural light 1 Division 2 — Additional requirements for centre‑based services 111. Administrative space 1 112. Nappy change facilities 1 113. Outdoor space — natural environment 1 114. Outdoor space — shade 1 115. Premises designed to facilitate supervision 1 Division 3 — Additional provisions for family day care services 116. Assessments of family day care residences and approved family day care venues 1 116A. Inspection of swimming pools, water features and other potential water hazards at family day care residences and approved family day care venues 1 116B. Inspection report 1 116C. Compliance with fencing requirements for swimming pools at family day care residences and approved family day care venues 1 117. Glass 1 Part 4.3A — Minimum requirements for persons in day‑to‑day charge and nominated supervisors 117A. Placing a person in day‑to‑day charge 1 117B. Minimum requirements for a person in day‑to‑day charge 1 117C. Minimum requirements for a nominated supervisor 1 Part 4.4 — Staffing arrangements Division 1 — Educational leader 118. Educational leader 1 Division 2 — Age and supervision requirements 119. Family day care educator and family day care educator assistant to be at least 18 years old 1 120. Educators who are under 18 to be supervised 1 Division 3 — Minimum number of educators and family day care co‑ordinators required 121. Application of Division 3 1 122. Educators must be working directly with children to be included in ratios 1 123. Educator to child ratios — centre‑based services 1 123A. Family day care co‑ordinator to educator ratios — family day care service 1 124. Number of children who can be educated and cared for — family day care educator 1 Division 4 — Educational qualifications for educators 125. Application of Division 4 1 126. Centre‑based services — general educator qualifications 1 126A. Illness or absence of qualified educator who is required to meet relevant educator to child ratio 1 127. Family day care educator qualifications 1 128. Family day care co‑ordinator qualifications 1 Division 5 — Requirements for educators who are early childhood teachers 129. Application of Division 5 1 130. Requirement for early childhood teacher — centre‑based services — fewer than 25 approved places 1 131. Requirement for early childhood teacher — centre‑based services — 25 or more approved places but fewer than 25 children 1 132. Requirement for early childhood teacher — centre‑based services — 25 to 59 children 1 133. Requirement for early childhood teacher — centre‑based services — 60 to 80 children 1 134. Requirement for early childhood teacher — centre‑based services — more than 80 children 1 135. Illness or absence of early childhood teacher or suitably qualified person 1 Division 6 — First aid qualifications 136. First aid qualifications 1 Division 7 — Approval and determination of qualifications 137. Approval of qualifications 1 138. Application for qualification to be assessed for inclusion on the list of approved qualifications 1 139. Application for determination of equivalent qualification 1 140. Application for determination of an equivalent qualification 1 141. Additional information for application for determination of equivalent qualification 1 142. Translations of documents 1 143. Certification of documents 1 Division 7A — Minimum requirements for a family day care educator 143A. Minimum requirements for a family day care educator 1 143B. Ongoing management of family day care educators 1 Division 8 — Family day care educator assistant 144. Family day care educator assistant 1 Division 9 — Staff and educator records — centre‑based services 145. Staff record 1 146. Nominated supervisor 1 147. Staff members 1 148. Educational leader 1 149. Volunteers and students 1 150. Responsible person 1 151. Record of educators working directly with children 1 152. Record of access to early childhood teachers 1 152A. Record of replacement of educator 1 152B. Record of replacement of early childhood teacher or suitably qualified person 1 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 1 154. Record of staff engaged or employed by family day care service 1 Part 4.5 — Relationships with children 155. Interactions with children 1 156. Relationships in groups 1 Part 4.6 — Collaborative partnerships with families and communities 157. Access for parents 1 Part 4.7 — Governance and leadership Division 1 — Management of services 158. Children's attendance record to be kept by approved provider 1 159. Children's attendance record to be kept by family day care educator 1 160. Child enrolment records to be kept by approved provider and family day care educator 1 161. Authorisations to be kept in enrolment record 1 162. Health information to be kept in enrolment record 1 163. Residents at family day care residence and family day care educator assistants to be fit and proper persons 1 164. Requirement for notice in relation to persons at residence 1 165. Record of visitors 1 166. Children not to be alone with visitors 1 167. Record of service's compliance 1 Division 2 — Policies and procedures 168. Education and care service must have policies and procedures 1 169. Additional policies and procedures — family day care service 1 170. Policies and procedures to be followed 1 171. Policies and procedures to be kept available 1 172. Notification of change to policies or procedures 1 Division 3 — Information and record‑keeping requirements 173. Prescribed information to be displayed 1 174. Time to notify certain circumstances to Regulatory Authority 1 174A. Prescribed information to accompany notice 1 175. Prescribed information to be notified to Regulatory Authority 1 176. Time to notify certain information to Regulatory Authority 1 176A. Prescribed information to be notified to approved provider by family day care educator 1 177. Prescribed enrolment and other documents to be kept by approved provider 1 178. Prescribed enrolment and other documents to be kept by family day care educator 1 179. Family day care educator to provide documents on leaving service 1 180. Evidence of prescribed insurance 1 181. Confidentiality of records kept by approved provider 1 182. Confidentiality of records kept by family day care educator 1 183. Storage of records and other documents 1 184. Storage of records after service approval transferred 1 185. Law and regulations to be available 1 Chapter 5 — Review, enforcement and compliance Part 5.1 — Internal review 186. Application for internal review of reviewable decision 1 Part 5.2 — Enforcement and compliance 187. Prescribed form of identity card 1 188. Compliance directions 1 189. Application to cancel prohibition notice 1 190. Infringement offences 1 191. False or misleading information or documents 1 Chapter 6 — Administration Part 6.1 — Australian Children's Education and Care Quality Authority 192. Co‑operation with prescribed classes of body 1 193. Allocating, transferring or reimbursing money to a participating jurisdiction 1 194. Investment of Authority Fund 1 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 1 196. Modifications relating to National Education and Care Services Privacy Commissioner and staff 1 197. Modifications about financial matters 1 198. Modifications about annual report 1 199. Modifications relating to National Authority and Regulatory Authorities 1 200. Modifications relating to determinations 1 201. Miscellaneous modifications 1 202. Relevant administrative tribunal 1 203. Regulations 1 Division 2 — Application of Commonwealth Freedom of Information Act 1982 204. Application of Commonwealth Freedom of Information Act 1982 1 205. Modifications relating to National Education and Care Services Freedom of Information Commissioner and staff 1 206. Modifications about financial matters 1 207. Modifications about annual report 1 208. Modifications relating to National Authority and Regulatory Authorities 1 209. Miscellaneous modifications 1 210. Relevant administrative tribunal 1 211. Regulations 1 Division 3 — Application of New South Wales State Records Act 1998 212. Application of State Records Act 1 213. Modifications relating to State Records Authority and its Board and Director 1 214. Modifications relating to National Authority 1 215. Modifications relating to Ministerial Council 1 216. Miscellaneous modifications 1 217. Regulations 1 Division 4 — Application of Commonwealth Ombudsman Act 1976 218. Application of Commonwealth Ombudsman Act 1 219. Modifications relating to Education and Care Services Ombudsman and staff 1 220. Modifications about financial matters 1 221. Modifications about annual report 1 222. Modifications relating to National Authority and Regulatory Authorities 1 223. Miscellaneous modifications 1 224. Relevant administrative tribunal 1 225. Regulations 1 Division 5 — Publication of information 226. Publication of information 1 227. Compliance and enforcement information 1 228. Timing of publication where internal or external review of enforcement action is available 1 Division 6 — Registers 229. Register of approved providers 1 230. Register of approved education and care services 1 Part 6.3 — Fees Division 1 — Provisions applying generally to fees 232. Definitions 1 233. Calculation of indexation factor for financial year 1 234. Fee amount to be rounded down to nearest whole dollar 1 235. Late payment fees (annual fees) 1 236. Waiver, reduction, deferral and refund of fees 1 236A. Publication of prescribed and other required fees 1 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 1 Division 3 — Prescribed and other fees on and after 1 July 2023 236C. Prescribed fee — application for provider approval 1 236D. Prescribed fees — application for service approval 1 236E. Prescribed annual fees 1 236F. Prescribed fee — application for amendment of service approval 1 236G. Prescribed fee — notification of intended transfer of service approval 1 236H. Prescribed fee — application for service waiver 1 236I. Prescribed fee — application for temporary waiver 1 236J. Prescribed fee — application to extend temporary waiver 1 236K. Prescribed fee — application for reassessment and re‑rating 1 236L. Prescribed fee — application for review by Ratings Review Panel of rating level 1 236M. Prescribed fees — copy of or extract from registers 1 236N. Prescribed fees — other applications 1 236O. Relevant fee — application for qualification to be assessed for inclusion on list of approved qualifications 1 236P. Relevant fee — application for determination of equivalent qualification 1 Part 6.4 — Delegations 237. Delegation 1 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 1 239A. Centre‑based services in remote and very remote areas — attendance of early childhood teachers 1 240. Qualifications for educators — centre‑based service 1 241. Persons taken to hold an approved early childhood teaching qualification 1 242. Persons taken to be early childhood teachers 1 243. Persons taken to hold an approved diploma level education and care qualification 1 243A. Persons taken to hold an approved diploma level education and care qualification for regulation 128 in Queensland 1 244. Persons taken to hold an approved certificate III level education and care qualification 1 Division 3 — Physical environment 248. Centre‑based service offering a preschool program in a composite class in a school 1 249. Declared approved services (other than declared approved family day care services) 1 250. Declared approved family day care services 1 251. Declared out of scope services 1 Division 4 — Information retention and sharing 252. Information held by Regulatory Authority or regulatory body 1 253. Information kept by approved provider 1 Division 5 — Declared approved learning frameworks Division 6 — Fees 255. Fees for application for provider approval for declared out of scope service 1 Division 7 — General provisions relating to exemptions 256. Publication where service taken to comply with regulations 1 257. Application for removal of exemption 1 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 1 368. Definitions 1 Division 1A — Exceeding National Quality Standard 368A. Exceeding National Quality Standard: educational program and practice quality area 1 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 1 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 1 373. Early childhood teachers — pre‑kindergarten programme or kindergarten programme provided by a school 1 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 1 Division 3B — Swimming pools, outdoor spas and hazardous water features at family day care residences and approved family day care venues 373B. Terms used 1 373C. Conditions on service approval: restrictions on engaging or registering educators operating at residence or venue with swimming pool or outdoor spa 1 373D. Condition on service approval: register of residences and venues with swimming pool, outdoor spa or hazardous water feature 1 373DA. Condition on service approval: safety devices for swimming pools and outdoor spas 1 373E. Condition on service approval: water hazard safety inspections 1 373F. Offences relating to water hazard safety inspection reports: approved provider 1 373G. Offences relating to water hazard safety inspection reports: family day care educator 1 Division 4 — Transitional provisions — staffing arrangements 379. Educators required to be early childhood teachers 1 Division 5 — Saving provision — physical environment 383. Saving provision — education and care services provided by a school 1 Division 6 — Other transitional matters 384. Monetary orders under former education and care services law 1 385. Proceedings under former education and care services law 1 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 1 396. Quality improvement plan held prior to commencement day 1 397. Assessments commenced prior to commencement day 1 398. Reassessment or partial reassessment commenced prior to commencement day 1 399. Partial reassessment between the commencement day and the relevant day 1 400. Suspension of initial assessment or reassessment commenced prior to commencement day 1 401. Suspension of partial reassessment commenced prior to commencement day 1 402. Prescribed provisional rating level held prior to commencement day 1 403. Prescribed rating level held prior to commencement day 1 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 1 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 1 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 Notes Compilation table 1 Other notes 1 Defined terms Education and Care Services National Law (Western Australia) Education and Care Services National Regulations 2012