Reg. 5(1) def. of early childhood intervention staff member amended as early childhood intervention worker by S.R. No. 162/2011 reg. 5(1)(b). early childhood intervention worker of a children's service means a person appointed or engaged (whether by the children's service or the Department) specifically to provide care and intervention for a child attending the service who has additional needs; employee means any person employed at a children's service, including a staff member; Reg. 5(1) def. of integrated service amended by S.R. No. 162/2011 reg. 5(1)(c). integrated service means a children's service that consists of 2 or more types of children's service (other than a short term service) provided at one premises by one licensee; lawful authority means a power, duty, responsibility or authority conferred in relation to a child at common law or under an Act (including an Act of the Commonwealth) or by an order of a court; limited hours service means— limited hours Type 1 service; or limited hours Type 2 service;
name of the approved provider; and name of the primary nominee; and service approval number; and date the service approval was granted; and (f) the type of children's service provided by the approved provider at the premises; and maximum number of children who may be cared for or educated by the service at any one time. New reg. 26 inserted by S.R. No. 162/2011 reg. 20. 26 Fees for copies and extracts For the purposes of section 53(4) of the Act, the prescribed fee for a copy of or extract from the register kept section 53(1) of the Act is 3 fee units. Division 1—Enrolment and other documents 28 Enrolment and other documents (1) For the purposes of section 32B(1) of the Act, the relevant prescribed documents are— attendance record as set out in regulation 29; and
5 penalty units. Reg. 89(2)(3) revoked by S.R. No. 162/2011 reg. 74(2). * * * * * Division 6—Serious incidents 90 Secretary to be notified of a serious incident (1) For the purposes of section 29C of the Act, the prescribed manner for notifying the Secretary is by telephone within 24 hours of the incident, followed by written notification as soon as practicable. (2) For the purposes of section 29C(d) of the Act, any incident requiring attendance by emergency services is prescribed as a serious incident. 91 Parents to be notified of a serious incident If a child is involved in an incident or occurrence referred to in section 29C of the Act, the proprietor of the children's service must ensure that a parent or guardian of that child is notified as soon as practicable of the incident or occurrence. 8 penalty units. Division 1—Application of Part
(4) A decision by the Secretary to merge the licences into an integrated licence takes effect 7 days from the date of the written notification to the licensee. (5) If the Secretary grants a request to merge 2 or more licences into an integrated licence, the merged licence will remain in force until the first expiry date of the licences which were issued under the old Act provisions. Division 5—Training and staffing 117 Transitional provision with respect to teaching members Regulation 52 does not apply until 1 January 2014 in respect of a children's service— is an existing licensed children's service; or which a licence was issued on or after the commencement day to an existing applicant in respect of the children's service. 118 Transitional provisions with respect to minimum training (1) Regulation 60 does not until 1 January 2012 in respect of a staff member of a children's service (other than a day care service or outside school hours care service) who was such a staff member on the commencement day and—
than a staff member referred to in subregulations (1) and (2)— a Certificate III in Children's Services; or before 1 January 2010 commenced a Certificate III in Children's Services and completed it within 12 months of commencing it. 119 Transitional provision with respect to minimum training—outside school hours care services (1) Regulation 60 does not until 1 January 2012 in respect of a staff member of an outside school hours care service who was such a staff member on the commencement day and— been employed full-time and continuously as a member at an outside school hours care service for a period of at least 5 years immediately preceding the commencement day; or been employed at least part-time and continuously as a staff member at an outside school hours care service for a period of at least 10 years immediately preceding the commencement day. (2) Regulation 60 does not apply on or after 1 January 2012 in respect of a staff member referred to in subregulation (1) who by that date completes a professional development course approved by the Secretary.
Sch. 2 Pt 2 amended by S.R. No. 162/2011 regs 113(2)(3), 114. Part 2—Fees for application for licence to operate a children's service Sch. 2 (Heading 3) substituted by S.R. No. 162/2011 reg. 113(1). 3 Fees for applications for licence to operate a children's service Standard Licence No. of Places Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years Fee Units Fee Units Fee Up to and including 15 places 5·0 13·0 19·0 16 to 30 places 10·0 25·0 35·0 31 to 60 places 15·0 38·0 54·0 61 to 120 places 19·0 48·0 68·0 121 or more places 24·0 60·0 84·0 No. of Places Limited Hours Licence (Types 1 and 2) Short Term Licence (Types 1 and 2) Up to and including 1 year More than 1 year and up to and including 3 More than 3 years and up to and including 5 years Up to and including 1 year Fee Units Fee Units Fee Units Fee Units
Up to and including 15 places 3·0 8·0 12·0 3·0 16 to 30 places 5·0 13·0 19·0 3·0 31 to 60 places 8·0 19·0 27·0 5·0 61 to 120 places 10·0 24·0 34·0 6·0 121 or more places 12·0 29·0 41·0 7·0 * * * * * No. of Places School Holidays Care Licence Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years Fee Units Fee Units Fee Units Up to and including 15 places 3·0 8·0 12·0 16 to 60 places 5·0 13·0 19·0 61 to 90 places 80 19·0 27·0 91 to 120 places 10·0 24·0 34·0 121 or more places 12·0 29·0 41·0 No. of Places Integrated Licence Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years Fee Fee Units Fee Up to and including 60 places 18·0 36·0 540 61 to 120 places 24·0 48·0 72·0 121 to 180 places 30·0 60·0 90·0 181 to 250 places 34·0 68·0 102·0
Fee Fee Units Fee Units Up to and including 15 places Nil Nil Nil 16 to 30 places 5·0 13·0 19·0 31 to 60 places 8·0 19·0 27·0 61 to 120 places 10·0 24·0 34·0 121 or more places 12·0 29·0 41·0 * * * * * No. of Places School Holidays Care Licence Up to and including 1 year More than 1 year and up to and including 3 More than 3 and up to and including 5 years Fee Units Fee Fee Units Up to and including 15 places Nil Nil Nil 16 to 60 places 5·0 13·0 19·0 61 to 90 places 8·0 19·0 27·0 91 to 120 places 10·0 24·0 34·0 121 or more places 12·0 29·0 41·0 No. of Places Integrated Licence Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years Fee Units Fee Units Fee Units Up to and including 60 places 18·0 36·0 54·0 61 to 120 places 24·0 48·0 72·0 121 to 180 places 30·0 60·0 90·0 181 to 250 places 34·0 68·0 102·0
121 or more places 50 * * * * * 8 Fees for application to vary period of a licence Standard Licence No. of Places Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years Fee Units Fee Fee Up to and including 15 places Nil Nil Nil 16 to 30 places 100 200 250 31 to 60 places 150 300 380 61 to 120 places 190 380 480 121 or more places 240 480 600 No. of Places Limited Licence (Types 1 and 2) Up to and including 1 year More than 1 year and up to and including 3 years More than 3 years and up to and including 5 years Fee Units Fee Fee Up to and including 15 places Nil Nil Nil 16 to 30 places 5·0 10·0 13·0 31 to 60 places 8·0 16·0 19·0 61 to 120 places 10·0 20·0 24·0 121 or more places 12·0 24·0 29·0 * * * * *
1 Prescribed matters The prescribed matters to be included in the anaphylaxis management policy are— Sch. 3 cl. 1(a) substituted by S.R. No. 162/2011 reg. 119(1). procedures for the training of to comply with, at a minimum, regulation 63; and Sch. 3 cl. 1(b) substituted by S.R. No. 162/2011 reg. 119(2). practices and procedures to ensure compliance with regulations 34(b), 34(f), 38(2)(d), 38(2)(e), 40(1)(k), 43, 65, 67, 74(4)(d) and 83(3); and requirement that a risk minimisation plan for each child being cared for or educated by the children's service who has been diagnosed as at risk of anaphylaxis must be developed by the proprietor of the children's service in consultation with the child's parents or guardian; and requirement that the proprietor must obtain an anaphylaxis medical management plan from the child's parents or guardian, prepared in accordance with clause 2, for each child being cared for or educated by the children's service who has been diagnosed as at risk of anaphylaxis; and requirement that if a child who has been diagnosed as at risk of anaphylaxis has an anaphylactic episode while being cared for
INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B). • Examples, diagrams or All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A). • Punctuation All punctuation included in a Statutory Rule is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted