Document ID: chunk:federal_register_of_legislation:F2025C00106:clause:2_49:p2
Version: federal_register_of_legislation:F2025C00106
Segment Type: clause
Provision Reference: sch 2 cl 49 (pt 2/3)
Character Range: 138360–141019

or
 (b) a circumstance occurs that could have resulted in the occurrence of a serious incident.
 (4) The following incidents are serious incidents:
 (a) the death of a child while being cared for by the service or as a result of an incident that occurred while being cared for by the service;
 (b) any incident involving injury, harm, trauma to, or illness of, a child while being cared for by the service for which:
 (i) the attention of a medical practitioner was sought, or ought reasonably to have been sought; or
 (ii) the child attended, or ought reasonably to have attended, a hospital;
 (c) any incident for which the attendance of emergency services at premises where care is usually provided is sought, or ought reasonably to have been sought;
 (d) a child being cared for:
 (i) is missing; or
 (ii) appears to have been taken or removed from the premises where the service provides the care in a manner that would contravene the Education and Care Services National Regulations, regardless of whether the regulations apply; or
 (iii) is accidentally locked in or locked out of the premises where the care is being provided or any part of those premises.

Work health and safety
 (5) The provider must do the following things as part of managing workplace health and safety in relation to the service:
 (a) if required under the WHS laws to report to the Regulator a notifiable incident arising out of the provision of care by the service, the provider must also:
 (i) immediately, or as soon as possible afterwards, give written notice of the incident to the Secretary, together with a copy of any written notice given to the Regulator; and
 (ii) give the Secretary, within 14 days after the incident occurred, a report detailing the circumstances of the incident, the results of investigations into its cause, and any recommendations or strategies for prevention in the future;
 (b) give the Secretary written notice with full details of the following:
 (i) any suspected contravention of the WHS laws relating to the provision of care by the service within 24 hours after becoming aware of the suspected contravention;
 (ii) any cessation or direction to cease work under the WHS laws relating to the service due to unsafe work, immediately, or as soon as possible, after the provider is informed of any such cessation or direction;
 (iii) any workplace entry under the WHS laws by a WHS Entry Permit Holder, or an Inspector, to any premises of the service where care is being provided, within 24 hours of becoming aware of any such workplace entry;
 (iv) any proceedings against the provider, or any decision or request by the Regulator given to