Table Of Contents
Contents (2011 - 653)
- Education and Care Services National Regulations (2011 SI 653)
- Status information
- Chapter 1 Preliminary
- Guide to Chapter 1
- 1 Title
- 2 Authorising provisions
- 3 Commencement
- 4 Definitions
- 5 Services that are not education and care services
- 6 Eligible association
- 7 Prescribed rating system
- 8 National Quality Standard
- 9 Prescribed entities
- 10 Meaning of actively working towards a qualification
- 11 Meaning of in attendance at a centre-based service
- 12 Meaning of serious incident
- 13 Meaning of working directly with children
- Chapter 2 Approvals and certificates
- Guide to Chapter 2
- Part 2.1 Provider approvals
- 14 Application for provider approval by individual
- 15 Application for provider approval by person other than an individual
- 16 Matters relating to criminal history
- 17 Application for amendment of provider approval
- 18 Maximum period of suspension of provider approval
- 19 Application for voluntary suspension of provider approval
- 20 Application by individual executor for provider approval
- 21 Application by executor other than an individual for provider approval
- 22 Application by individual for provider approval on incapacity of approved provider
- 23 Application by person other than an individual for provider approval on incapacity of approved provider
- Part 2.2 Service approvals
- Division 1 Applications for service approvals
- 24 Application for service approval—centre-based service
- 25 Additional information about proposed education and care service premises
- 25A Application for service approval for a centre-based service—relocation of existing centre-based service
- 26 Application for service approval—family day care service
- 27 Additional matters to have regard to in determining application for service approval
- 28 Additional grounds for refusal to grant service approval
- 29 Condition on service approval—insurance
- 30 Condition on service approval—family day care educator insurance
- 31 Condition on service approval—quality improvement plan
- 32 Condition on service approval—entitlement to occupy premises
- 32A Condition on service approval—maximum number of family day care educators
- 33 Annual fees
- Division 2 Amendment of service approval and notice of change to nominated supervisor
- Division 3 Transfer of service approval
- Division 4 Suspension of service approval
- Division 5 Service waiver
- Division 6 Temporary waiver
- Part 2.3 (Repealed)
- Chapter 3 Assessments and ratings
- Chapter 4 Operational requirements
- Guide to Chapter 4
- Part 4.1AA Location of principal office
- Part 4.1 Educational program and practice
- Part 4.2 Children’s health and safety
- Division 1 Health, safety and wellbeing of children
- 77 Health, hygiene and safe food practices
- 78 Food and beverages
- 79 Service providing food and beverages
- 80 Weekly menu
- 81 Sleep and rest
- 82 Tobacco, drug and alcohol-free environment
- 83 Staff members and family day care educators not to be affected by alcohol or drugs
- 84 Awareness of child protection law
- Division 2 Incidents, injury, trauma and illness
- Division 3 Medical conditions policy
- Division 4 Administration of medication
- Division 5 Emergencies and communication
- Division 6 Collection of children from premises and excursions
- Division 7 Transportation of children other than as part of an excursion
- 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
- 104 Fencing
- 105 Furniture, materials and equipment
- 106 Laundry and hygiene facilities
- 107 Space requirements—indoor space
- 108 Space requirements—outdoor space
- 109 Toilet and hygiene facilities
- 110 Ventilation and natural light
- Division 2 Additional requirements for centre-based services
- Division 3 Additional provisions for family day care services
- Part 4.3A Minimum requirements for persons in day to day charge and nominated supervisors
- Part 4.4 Staffing arrangements
- Division 1 Educational leader
- Division 2 Age and supervision requirements
- Division 3 Minimum number of educators and family day care co-ordinators required
- 121 Application of Division 3
- 122 Educators must be working directly with children to be included in ratios
- 123 Educator to child ratios—centre-based services
- 123A Family day care co-ordinator to educator ratios—family day care service
- 124 Number of children who can be educated and cared for—family day care educator
- Division 4 Educational qualifications for educators
- Division 5 Requirements for educators who are early childhood teachers.
- 129 Application of Division 5
- 130 Requirement for early childhood teacher—centre-based services—fewer than 25 approved places
- 131 Requirement for early childhood teacher—centre-based services—25 or more approved places but fewer than 25 children
- 132 Requirement for early childhood teacher—centre-based services—25 to 59 children
- 133 Requirement for early childhood teacher—centre-based services—60 to 80 children
- 134 Requirement for early childhood teacher—centre-based services—more than 80 children
- 135 Illness or absence of early childhood teacher or suitably qualified person
- Division 6 First aid qualifications
- Division 7 Approval and determination of qualifications
- 137 Approval of qualifications
- 138 Application for qualification to be assessed for inclusion on the list of approved qualifications
- 139 Application for determination of equivalent qualification
- 140 Application for determination of an equivalent qualification
- 141 Additional information for application for determination of equivalent qualification
- 142 Translations of documents
- 143 Certification of documents
- Division 7A Minimum requirements for a family day care educator
- Division 8 Family day care educator assistant
- Division 9 Staff and educator records—centre-based services
- Division 10 Register of family day care educators, co-ordinators and assistants and records of family day care service
- Part 4.5 Relationships with children
- Part 4.6 Collaborative partnerships with families and communities
- Part 4.7 Governance and Leadership
- Division 1 Management of services
- Subdivision 1 Attendance and enrolment records
- 158 Children’s attendance record to be kept by approved provider
- 159 Children’s attendance record to be kept by family day care educator
- 160 Child enrolment records to be kept by approved provider and family day care educator
- 161 Authorisations to be kept in enrolment record
- 162 Health information to be kept in enrolment record
- Subdivision 2 Residents at family day care residences and family day care educator assistants
- Subdivision 3 Record of service’s compliance
- Division 2 Policies and procedures
- Division 3 Information and record-keeping requirements
- Subdivision 1 Display and reporting of prescribed information
- 173 Prescribed information to be displayed
- 174 Time to notify certain circumstances to Regulatory Authority
- 174A Prescribed information to accompany notice
- 175 Prescribed information to be notified to Regulatory Authority
- 176 Time to notify certain information to Regulatory Authority
- 176A Prescribed information to be notified to approved provider by family day care educator
- Subdivision 2 Prescribed records
- Subdivision 3 Insurance information
- Subdivision 4 Confidentiality and storage of records
- Subdivision 5 Law and regulations to be available
- Chapter 5 Review, enforcement and compliance
- Chapter 6 Administration
- Guide to Chapter 6
- Part 6.1 Australian Children’s Education and Care Quality Authority
- 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
- 196 Modifications relating to National Education and Care Services Privacy Commissioner and staff
- 197 Modifications about financial matters
- 198 Modifications about annual report
- 199 Modifications relating to National Authority and Regulatory Authorities
- 200 Modifications relating to determinations
- 201 Miscellaneous modifications
- 202 Relevant administrative tribunal
- 203 Regulations
- Division 2 Application of Commonwealth Freedom of Information Act 1982
- 204 Application of Commonwealth Freedom of Information Act 1982
- 205 Modifications relating to National Education and Care Services Freedom of Information Commissioner and staff
- 206 Modifications about financial matters
- 207 Modifications about annual report
- 208 Modifications relating to National Authority and Regulatory Authorities
- 209 Miscellaneous modifications
- 210 Relevant administrative tribunal
- 211 Regulations
- Division 3 Application of New South Wales State Records Act 1998
- Division 4 Application of Commonwealth Ombudsman Act 1976
- 218 Application of Commonwealth Ombudsman Act
- 219 Modifications relating to Education and Care Services Ombudsman and staff
- 220 Modifications about financial matters
- 221 Modifications about annual report
- 222 Modifications relating to National Authority and Regulatory Authorities
- 223 Miscellaneous modifications
- 224 Relevant administrative tribunal
- 225 Regulations
- Division 5 Publication of information
- Division 6 Registers
- Part 6.3 Fees
- Part 6.4 Delegations
- Chapter 7 Jurisdiction-specific and transitional and saving provisions
- Guide to Chapter 7
- Part 7.1 General transitional and saving provisions
- Divisions 1, 1A (Repealed)
- Division 2 Staffing arrangements
- 239 Centre-based service offering a preschool program in a composite class in a school
- 239A Centre-based services in remote and very remote areas—attendance of early childhood teachers
- 240 Centre-based services in remote and very remote areas—qualifications for educators
- 241 Persons taken to hold an approved early childhood teaching qualification
- 242 Persons taken to be early childhood teachers
- 243 Persons taken to hold an approved diploma level education and care qualification
- 243A Persons taken to hold an approved diploma level education and care qualification for regulation 128 in Queensland
- 244 Persons taken to hold an approved certificate III level education and care qualification
- 245–247 (Repealed)
- Division 3 Physical environment
- Division 4 Information retention and sharing
- Division 5 Declared approved learning frameworks
- Division 6 Fees
- Division 7 General provisions relating to exemptions
- Part 7.2 Australian Capital Territory—specific provisions
- Part 7.3 New South Wales—specific provisions
- Division 1 Application of Part 7.3
- Division 2 Minimum number of educators and qualifications and training required
- Division 3 Additional ongoing requirements
- Division 4 Transitional and saving provisions—staffing arrangements
- Division 5 (Repealed)
- Division 6 Transitional provisions—physical environment
- Part 7.4 Northern Territory—specific provisions
- Part 7.5 Queensland—specific provisions
- Division 1 Application of Part 7.5
- Division 2 Children over preschool age—educator qualification and other requirements
- Division 2A Rest period conditions
- Subdivision 1 Definitions
- Subdivision 2 Service approval with rest period condition
- Subdivision 3 Rest pauses and short absences
- 299F Educator to child ratios when educator, early childhood teacher or suitably qualified person on rest pause
- 299G Access to or attendance of early childhood teacher or suitably qualified person on rest pause
- 299H Educator to child ratios when educator, early childhood teacher or suitably qualified person absent for 5 minutes or less
- 299I Access to or attendance of early childhood teacher or suitably qualified person absent for 5 minutes or less
- Division 3 Transitional provisions—staffing arrangements—general
- Division 4 (Repealed)
- Part 7.6 South Australia—specific provisions
- Division 1 Application of Part 7.6
- Division 2 Children over preschool age—qualifications required
- Division 3 Minimum number of educators and qualifications required—preschool age or under
- Division 3A Minimum number of educators during short absences
- Division 4 Transitional and saving provisions—staffing arrangements
- Division 5 Saving provisions—physical environment
- 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
- Division 2 Minimum number of educators and qualifications required—children over preschool age
- Division 3 Minimum number of educators and qualifications required—centre-based services—children preschool age or under
- Division 4 Transitional provisions—staffing arrangements
- Division 5 Saving provision—physical environment
- Part 7.10 Transitional and savings provisions—Education and Care Services National Amendment Regulations 2017
- Part 7.11 Transitional and savings provisions—Education and Care Services National Further Amendment Regulations 2017
- 395 Definition
- 396 Quality improvement plan held prior to commencement day
- 397 Assessments commenced prior to commencement day
- 398 Reassessment or partial reassessment commenced prior to commencement day
- 399 Partial reassessment between the commencement day and the relevant day
- 400 Suspension of initial assessment or reassessment commenced prior to commencement day
- 401 Suspension of partial reassessment commenced prior to commencement day
- 402 Prescribed provisional rating level held prior to commencement day
- 403 Prescribed rating level held prior to commencement day
- Part 7.12 Transitional and savings provisions—Education and Care Services National Amendment Regulations 2019
- Schedule National Quality Standard
- Schedule 2 Prescribed fees
- Schedule 3 Compliance directions—prescribed provisions
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Education and Care Services National Regulations (2011 SI 653)
Current version for 1 October 2020 to date (accessed 3 March 2021 at 9:51)
- Status information
Status Information
Currency of version
Current version for 1 October 2020 to date (accessed 3 March 2021 at 9:51)Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all commenced.
Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.
File last modified 1 October 2020