frequently asked questions about child care licensing
This page provides answers to queries posed by participants who attended the recent Service Provider Information Sessions on the Children’s Services Regulation 2004.
Questions have been arranged according to the part of the Regulation to which they refer.
The Parts of the Regulation are:
Part 1 Preliminary (Clauses 1-6)
Part 2 Licensing procedures (Clauses 7-29)
Part 3 Facilities and equipment requirements (Clauses 30-50)
Part 4 Staffing requirements (Clauses 51-57)
Part 5 Child number requirements (Clauses 58-63)
Part 6 Operational requirements (Clauses 64-84)
Part 7 Administrative requirements (Clauses 85-116)
Part 8 Probity checks (Clauses 117-122)
Part 9 Miscellaneous (Clauses 123-125)
Schedule 1 Records to be kept for each child
Schedule 2 Savings and Transitional Provision
Schedule 2 - Dictionary
If you have a question which is particular to your service, please contact your Children’s Services Officer (CSO) for a more specific response. CSOs are located in DoCS' regional offices - see regional offices.
For more information and copies of the Act & Regulation which govern children’s services, see the Act & Regulation page in the Guide to children's services licensing.
Part 1 - Preliminary (Clauses 1-6)
Q. How do we assess the ‘required abilities to care for children’ as stated in Clause 6?
A.The licensee is to assess the prospective staff member’s suitability to be employed. The licensee must make an assessment of any qualifications and appropriate experience held. Options may include, but are not limited to: reference checking, assessing responses to interview questions and observation of the applicant in the work setting.
DoCS assesses prospective licensees and undertakes checks of the information provided relating to the applicant’s criminal history and any disciplinary action. Checks are also done for the proposed authorised supervisor and temporary supervisor, if any.
Information concerning criminal history checks can be found in the Guide to children’s services licensing, under the heading what criminal history check will DoCS undertake?
The Regulation describes the probity checks that need to be carried out by DoCS or the prospective licensee. See Part 8 - Probity checks, Clauses 117 – 121.
It is the prospective licensee’s responsibility to conduct separate probity checks on anyone engaged in the operation or management of the service including all other primary contact staff and volunteers.
You can read further information and download a package about the Working With Children Check from the NSW Commission for Children and Young People website www.kids.nsw.gov.au/check/.
Clause 51(2)- Employment of staff also provides some guidance. Refer to Clauses 117 - 121.
Q. How many children under the ages of six years must be cared for to classify a service as a children’s service?
A. Section 200 of the Children and Young Persons (Care and Protection) Act 1998 defines a children’s service as a service that provides education or care for one or more children under the age of six years who do not ordinarily attend school.
Q. Who is classed as a trainee for the purposes of Clause 53 (4)? If a primary contact staff member begins a Certificate III or Diploma traineeship, are they counted as trainees and not primary contact staff members?
Clause 53 (4) prevents a trainee who is at a service as a formal part of studies at an RTO from being counted as a primary contact staff member for staff:child ratio purposes “..unless a majority of staff counted (and at least 2) ….are not trainees”.
A person who is employed as a primary contact staff member in an NSW children’s service and who then goes on to train for the Certificate III or Diploma, is not defined as a person who is a trainee at the service as a part of their studies. This is because the person is at the service because he or she was employed as a primary contact staff member, having met all the requirements of Clause 51 (2) (including having experience in caring for children).
Therefore, a primary contact staff member who has gone on to undertake a Certificate III or Diploma traineeship is not classed as a trainee for the purposes of Clause 53 (4).
