out of school hours care services
Out of school hours care services (OSHC) are now required to register with the Department of Community Services. The requirement was introduced under the Children and Young Persons (Care and Protection) Amendment (Out of School Hours Care Services) Regulation 2007 (the Regulation) which came into effect on 23 February 2007.
The definition of an out of school hours care service is provided in Section 220A of the Children and Young Persons (Care and Protection) Act 1998.
The Regulation also requires providers to supply information about the provision of the service as may be requested by DoCS. Apart from the requirements to register and provide information the Regulation does not impose any other operating requirements.
Registration became mandatory on 1 July 2007, from which time the Regulation prohibits the operation of unregistered services.
aim of regulation & progress to date
The aim of developing a regulatory framework for the out of school hours care service sector, of which the new Regulation is the first stage, is to encourage the delivery of quality out of school hours care services. Other types of children's services operating in NSW are already regulated in this way.
Over November/December 2006 DoCS sought comment on a draft of the Regulation and an accompanying Regulatory Impact Statement. An analysis of the comments received through the public consultation process indicated that there is broad support for the proposal to regulate the out of school hours care sector in NSW.
Suggestions for changes to the draft Regulation received during the public comment period were also considered, and the draft Regulation was accordingly amended prior to its gazettal and commencement in February 2007.
applying for registration
An Out of School Hours Care Service Registration Application form is required to be lodged when applying for registration as an out of school hours care service.
A separate application is required to be lodged for each premise where a service is being provided. Services providing both before/after school care and vacation care programs at the same premises need only submit one application form for the premises.
Note: When registration first commenced in February 2007, questionnaires were required to be completed and lodged as part of the registration process. The lodgement of questionnaires is no longer required.
change of details for registered services
Where changes in the details of a registered service occur, the provider of the service should complete and lodge an Out of School Hours Care (OSHC) Change of Details for Registered Service form.
Matters that should be notified to DoCS include:
- variations in the contact details of the provider of a registered service, including any variations in the nominated contact person for the service or the contact details of that person
- a variation to the name of a registered service
- a change in the location from which a registered service is provided*
- variations in the contact details for a registered service.
*Not applicable to mobile services
Where there is a change in the provider of a service, the new provider of the registered service is required to submit a new application for registration.
next steps
Information collected about the out of school hours care service sector from the questionnaires that formed part of the initial registration process, will be used to develop operating requirements for the proposed regulatory framework.
The provisions of the National Standards for Outside School Hours Care will also be a reference point in developing the proposed framework.
Once the framework has been developed, further public consultation will take place. Any proposed regulatory approach will be released for a period of public consultation during which service providers’ and other interested parties will have the opportunity to provide comment, prior to the making of any further formal regulation.
further information
For further information see the frequently asked questions or contact the
Out of school hours care hotline on 1800 155 633.


