Victorian Numbered Regulations

CHILDREN'S SERVICES REGULATIONS 2009 (SR NO 53 OF 2009)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Objective  
   2.      Authorising provision  
   3.      Commencement  
   4.      Revocation  
   5.      Definitions  

   PART 2--LICENSING OF CHILDREN'S SERVICES

           Division 1--Applications for approval of premises

   6.      Application for approval of premises  

           Division 2--Types of licences

   7.      Types of licences  

           Division 3--Applications for licences

   8.      Application for licence  

           Division 4--Prescribed conditions on licences

   9.      Prescribed conditions  
   10.     Condition limiting number of school children cared for  
   11.     Conditions applying to licences to operate limited hours services  
   12.     Conditions applying to licences to operate short term services  
   13.     Conditions applying to licences to operate outside school hours care services  
   14.     Conditions applying to licences to operate family day care services  

           Division 5--Applications for approval of nominees and venues

   15.     Approval of new nominees  
   16.     Approval of new family day care venues  

           Division 6--Applications for renewals and variations of licences

   17.     Renewal of licence to operate a children's service other than a family day care service  
   18.     Renewal of licence to operate family day care service  
   19.     Renewal of licence—late application fee  
   20.     Variation or removal of licence condition  
   21.     Variation of period of licence  

           Division 7--Suspension and cancellation of licences

   22.     Application for voluntary suspension of licence  
   23.     Cancellation of licence at request of licensee  

           Division 8--Information not prescribed for certain classes of applications

   24.     Information not prescribed for certain classes of applications  
   25.     Register of licensed children's services  
   26.     Fee for copies and extracts  
   27.     Register of family day carers  

   PART 3--RECORDS

           Division 1--Enrolment and other documents

   28.     Enrolment and other documents  

           Division 2--Attendance records

   29.     Attendance record kept by proprietor of a children's service  
   30.     Attendance record kept by family day carer  

           Division 3--Child enrolment records

   31.     Child enrolment records—general  
   32.     Child enrolment records—family day carers  
   33.     Authorisations to be kept in child enrolment record  
   34.     Health information to be kept in child enrolment record  
   35.     Confidentiality of child enrolment records  

           Division 4--Medication records and accident, injury, trauma and illness records

   36.     Matters to be recorded in medication record  
   37.     Matters to be recorded in accident, injury, trauma and illness record  

           Division 5--Staff records and record of family day carers

   38.     Matters to be recorded in staff record  
   39.     Matters to be recorded in a record of family day carers  

   PART 4--PROVISION AND DISPLAY OF INFORMATION

           Division 1--Children's services other than family day care services

   40.     Information to be displayed at children's service other than family day care service  
   41.     Information to be made available at children's service other than family day care service  
   42.     Notice of changes to information  
   43.     Information to be available—anaphylaxis management policy  
   44.     Information to be available—accident, injury, trauma and illness record  

           Division 2--Family day care services

   45.     Information to be displayed at principal office of family day care service  
   46.     Information to be available—family day carer's residence or family day care venue  
   47.     Proprietor of family day care to ensure notification of changes to information  
   48.     Information to be available—anaphylaxis management policy  
   49.     Information to be available—accident, injury, trauma and illness record  

   PART 5--STAFFING

           Division 1--Minimum staff requirements

   50.     Minimum staff requirements  
   51.     Minimum staff requirements—certain outside school hours care services  
   52.     Minimum hours of teaching staff  

           Division 2--Child/staff ratios

   53.     Child/staff ratios—standard services  
   54.     Child/staff ratios—outside school hours care services  
   55.     Child/staff ratios—limited hours services  
   56.     Child/staff ratios—short term services  
   57.     Qualified staff members  
   58.     Proportion of volunteers counted in child/staff ratio  
   59.     Alternative process for determining certain child/staff ratios  

           Division 3--Qualifications and training

   60.     Minimum training  
   61.     Minimum training for family day carers  
   62.     Secretary may declare qualifications or training  
   63.     Staff members to have first aid and anaphylaxis management training  
   64.     Family day carers to have first aid and anaphylaxis management training  
   65.     Adrenaline auto-injection device and CPR training  
   66.     Secretary may approve first aid and anaphylaxis management training  
   67.     Anaphylaxis training where child diagnosed as at risk  
   68.     Health of staff members and family day carers  
   69.     Criminal history notifications  
   70.     Assessment notices  

   PART 6--HEALTH AND WELFARE OF CHILDREN

           Division 1--Access to and removal of children from the premises

   71.     Access to the premises  
   72.     Collection of children  
   73.     Authorisation for removal of child by staff member or family day carer  
   74.     Additional requirements where child removed by staff member or family day carer  
   75.     Removal of child in emergency  

           Division 2--Safety

   76.     Emergency procedures  
   77.     Communication equipment  

           Division 3--Personal hygiene, food and beverage requirements and smoke-free environment

   78.     Personal hygiene needs of children  
   79.     Water to be available  
   80.     Food and beverage requirements  
   81.     Food provided by the children's service or family day carer  
   82.     Smoke-free environment  

           Division 4--Administration of medication

   83.     Authorisation to administer medication  

           Division 5--First aid and illness

   84.     First aid kit—children's service other than family day care  
   85.     First aid kit—family day care service  
   86.     Provision of first aid  
   87.     Anaphylaxis management policy  
   88.     Sick or injured child  
   89.     Notification of infectious disease  

           Division 6--Serious incidents

   90.     Secretary to be notified of a serious incident  
   91.     Parents to be notified of a serious incident  

   PART 7--EQUIPMENT AND FACILITIES

           Division 1--Application of Part

   92.     Provisions which do not apply to particular services  

           Division 2--Equipment

   93.     Equipment  
   94.     Application of Division  
   95.     Children's rooms  
   96.     Area of children's rooms  
   97.     Outdoor space  
   98.     Outdoor space—outside school hours care services  
   99.     Fencing  
   100.    Administration room  

           Division 4--Toileting, rest and food preparation facilities

   101.    Toilet and washing facilities  
   102.    Nappy changing facilities  
   103.    Sleep and rest facilities  
   104.    Food preparation facilities  

   PART 8--GENERAL

   105.    Complaints  
   106.    Act and Regulations to be available  

   PART 9--TRANSITIONAL AND SAVING PROVISIONS

           Division 1--Interpretation

   107.    Definitions  

           Division 2--Provisional licences

   108.    Provisional licences  

           Division 3--Existing applicants

   109.    Transitional provision with respect to pending applications for approvals in principle  
   110.    Transitional provisions for applicants for a licence to operate a children's service—general  
   111.    Transitional provisions for applicants for a licence to operate a restricted children's service  

           Division 4--Existing licensed children's services

   112.    Savings provision for fit and proper persons for existing licensed children's services  
   113.    Savings provision for nominees for existing licensed children's services  
   114.    Transitional provision with respect to existing licensed children's services—standard services  
   115.    Transitional provisions for existing licensed children's services—restricted hours services  
   116.    Transitional provisions to merge licences into an integrated licence  

           Division 5--Training and staffing

   117.    Transitional provision with respect to teaching staff members  
   118.    Transitional provisions with respect to minimum training  
   119.    Transitional provision with respect to minimum training—outside school hours care services  
   120.    Transitional provision with respect to minimum training—family day care services  
   121.    Transitional provisions with respect to child/staff ratios  
   122.    Transitional provisions for first aid training  
   123.    Transitional provision for minimum ages of staff members  

           Division 6--Miscellaneous

   124.    Saving provision for outside school hours care service  
   125.    Secretary may approve professional development courses  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           ENDNOTES