Children’s Services Regulation 2004

1 New South Wales2004 No 260 children s Services Regulation 2004under theChildren and Young Persons (Care and Protection) Act 1998 Published in Gazette No 87 of 21 May 2004 , page 2925 Page 1 Her Excellency the Governor, with the advice of the Executive Council, hasmade the following Regulation under the children and Young Persons (Careand Protection) Act TEBBUTT, ,Minister for Community ServicesExplanatory noteThis Regulation makes provision for licensing and management of children s servicesunder Chapter 12 of the children and Young Persons (Care and Protection) Act particular, this Regulation deals with the following matters:(a)the making of applications for a licence for a children s service,(b)the granting of licences for a children s service,(c)the conditions of licences for different classes of children s Services , whichinclude requirements for.

2 (i)staffing of children s Services , and(ii)the number of children who may be provided with a children s service, and(iii)the facilities and equipment of children s Services ,(iv)the administration of children s Services , and(v)practices for providing children s Services , and(vi)the conduct of probity checks of certain persons involved in providingchildren s Services ,(d)appeals to the Administrative Decisions Tribunal against certain decisionsinvolving licences for children s s Services Regulation 2004 Explanatory note2004 No 260 Page 22004 No 260 This Regulation refers to the following publications.

3 (a)guidelines published by the New South Wales Cancer Council under the titleShade for Child Care Services ,(b)the Building Code of Australia,(c)Australian/New Zealand Standard AS/NZS 2172 1995 Cots for household use Safety requirements,(d)Australian and New Zealand Standard AS/NZS 4422:1996, Playgroundsurfacing Specifications, requirements and test method,(e)Australian Standard AS 1995, Maintenance of fire protectionequipment, Part 1: Portable fire extinguishers and fire blankets,(f)the guide published by the Department of Health under the title Caring forChildren Food, Nutrition and Fun Activities, Third Regulation is made under the children and Young Persons (Care and Protection)Act 1998, in particular section 264 (the general power to make regulations ), section 220(the power to make regulations for the purposes of Chapter 12)

4 And clause 1 ofSchedule 3 (the power to make regulations of a savings or transitional nature consequenton the enactment of that Act).Page 3 ContentsChildren s Services Regulation 2004 Page2004 No 260 Part 1 Preliminary1 Name of Regulation82 Commencement83 Application84 Definitions85 Meaning of notifiable offence 86 Meaning of required abilities to care for children 10 Part 2 Licensing proceduresDivision 1 Applications for licences7 Who may apply for a licence?118 How is an application made?119 Personal information to be contained in application1210 Identity documents to accompany application1311 Documents showing applicant is a fit and proper person1512 Information to be provided by applicant who is neithera natural person nor a public authority1613 Information about training and development1714 Information about abilities.

5 Experience and capacity ofapplicant for a licence for a home based children s service1815 Authorised supervisor1816 Information about premises to accompanyapplication centre based or mobile children s service2017 Venue management plans for mobile children s services2218 Statements and undertakings about facilities andequipment, administration and policies to accompanyapplication2219 Waiver and postponement of certain requirements2420 Advertising of application and copy of advertisement to accompany application2421 Further licences25 Division 2 Licences22 Grant of licence2623 Form of licence2624 Term of licence2725 Licence conditions generally27 PageChildren s Services Regulation 2004 ContentsPage 42004 No 260 Division 3 Variation, suspension and revocation oflicences26 Grounds for variation, suspension or revocation of licences 2827 Variation.

6 Suspension or revocation of licence2928 Notice to parents of variation, suspension or revocationof licence3029 Change of mobile children s service30 Part 3 Facilities and equipment requirementsDivision 1 Facilities30 Space requirements: centre based children s services3131 Laundry3232 Craft preparation facilities: centre based or mobilechildren s service3233 Food preparation facilities3234 Toilets and washing facilities3335 Nappy change facilities3336 Sleeping facilities3537 Storage facilities3638 Swimming pools36 Division 2 Equipment39 Telephone3740 Development and play equipment3741 First aid kits3842 Fire safety equipment38 Division 3 General43 Ventilation, light and heating3944 Hot water4045 Fencing4046 Glass4147 Cleanliness.

7 Maintenance and repairs4148 Safe environment centre based or mobile children sservice4249 Repair of premises4250 Facilities and equipment requirements responsibilityof family day care carer42 PageChildren s Services Regulation 2004 ContentsPage 52004 No 260 Part 4 Staffing requirementsDivision 1 Staff of centre based and mobile children s services51 Employment of staff4352 Qualified staff4453 Staff to child ratios4554 Cooking staff4655 Additional staff4656 Supervision by authorised supervisor centre basedchildren s service46 Division 2 Use of volunteers57 Use of volunteers47 Part 5 Child number requirements58 Number of children4859 Director-General may approve emergency child care arrangements4860 Requirements for approval of emergency child care arrangements4961 Group size centre based or mobile children s service5062 Caring for school children at service centre based ormobile children s service5063 Service to be provided only to children enrolled at service51 Part 6 Operational requirementsDivision 1 General64 Programs for children5265 Interactions with children5266

8 Supervision of children5467 Child health5468 Food and nutrition5669 Pool safety5770 Storage of dangerous substances and equipment5871 Animals5972 Plants60 Division 2 Information about and access to children73 Obtaining information about child6074 Arrival and departure of child61 PageChildren s Services Regulation 2004 ContentsPage 62004 No 26075 Access to children6276 Information and access to be denied to certain persons62 Division 3 Excursions77 Authority for excursions6378 Conduct of excursions: general6479 Conduct of excursions: water hazards65 Division 4 Emergencies80 Illness.

9 Accident and emergency treatment6681 Medication6882 Infectious diseases6883 Emergency and evacuation procedures7084 Family day care carer or home based licensee to holdfirst aid qualification71 Part 7 Administrative requirementsDivision 1 Information85 Policies to be made available7286 Information or documents required by Director-General7287 Entry and inspection7388 Notice of complaint7389 Public liability insurance7390 Display of licence and family day care carer s certificate of registration7491 Copy of Regulation to be kept on premises of service74 Division 2 Records92 Records in relation to children7593 Records in relation to staff and visitors7594 Records in relation to attendance at children s service7695 Records about programs for children , developmentalrecords.

10 Daily routine7696 Retention of records7697 Inspection of records7798 Confidentiality guidelines7899 Mobile children s service register78100 Family day care register79101 Removal of names from family day care register80 PageChildren s Services Regulation 2004 ContentsPage 72004 No 260 Division 3 Authorised supervisors102 Change of authorised supervisor81103 Temporary supervisors81104 Application of licence conditions if no authorised supervisor 82105 Notice of change relating to authorised supervisor82 Division 4 Miscellaneous106 Notice of proposed change to constitution of licensee82107 Notice of change in management of licensee: publicauthorities82108 Notice of change in management of licensee: bodiesother than public authorities83109 Notice of significant change in circumstances of licensee83110 Notice of change in contact information to be notified84111 Notice of c