PART 5 Child number requirements (Clauses 58-63)
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
Q. How do I work out group size, staff to child ratios and mixed age group care?
A. Many questions have been asked regarding group size, staff to chid ratios and staffing mixed age groups of children.
The clauses which relate to these issues are Clause 53 - Staff to child ratios and Clause 61 - Group size.
Clause 53 – Staff to child ratios:
The staff to child ratios in the Children’s Services Regulation 2004 are the same as in the 1996 Regulation.
The ratios are:
1:5 for children 0 - under 2 years of age
1:8 for children 2 or more years of age but under 3 years of age
1:10 for children 3 or more years of age but under 6 years of age
Clause 61 - Group size – centre-based or mobile children’s service:
The only change to ‘group size’ in the Children’s Services Regulation 2004 is that children aged 3 years of age or more but under 6 years of age are to be in groups of 20, not 25, as was the situation in the 1996 Regulation. This is not to be confused with number of children for whom the service may be licensed.
Group size is:
for 0 - under 2 years of age -10 children
for 2 - under 3 years of age - 16 children
for 3 - under 6 years of age - 20 children
The following principles have been provided to assist service providers become familiar with the requirements.
The principles are:
- ratios and group size have been prescribed in the Regulation to ensure the safety, health and wellbeing of children and to ensure quality care and programs are provided.
- identification of groups of children and allocation of groups to specific staff members ensure staff have the responsibility for supervising individual children.
- services need to be able to demonstrate which specific children a particular staff member is responsible for supervising at any time during the day.
- the ratios and group size applicable to each age group need to be maintained at all times, even when children are in mixed age group care.
- work out staffing of mixed age groups by applying staff to child ratios to individual groups of children, not the total number of children in the room
- where there are children of mixed ages in a group, apply the staff to child ratios and the group size requirement to the age of the youngest child in the group
Practical application of the principles:
- there may be more than one group in a room.
- two or more groups of children may be brought together if it is necessary to carry out any activity set out in the program of activities provided by the service.
- where two or more groups are brought together, the groups may only be combined if staff to child ratios are maintained for each group.
- no additional staff are required when groups of children are brought together.
- staff must be able to identify which children they are responsible for supervising at any time during the day. These responsibilities include provision of daily routines such as meal times, nappy change, toileting, sleep or rest periods, programming of experiences and ensuring children’s health, safety and wellbeing.
- when children are brought together in mixed age group care there may also be other considerations that affect group sizes and ultimately staffing ratios.
- the size of the room must accommodate the number of children according to the space requirements in Clause 30(2)
- access to required facilities by children; eg if the 2 year olds go to the baby room to be in mixed age group care, are there toilets for them to access, or if the under 2’s are taken to the 3-5’s room, are there nappy change facilities available or will a staff member have to leave the room to change the nappy?
Explanation of age group:
For the purpose of applying staff to child ratios and dividing children into groups based on age:
- A child would be in the under 2 age group from the day they were born up until the day before they have their second birthday
- A child would be in the 2 year age group from the day they have their second birthday until the day before they have their third birthday
- A child would be in the 3 under 6 age group from the day they have their third birthday until the day they finish child care or the day before their sixth birthday
Q. How many children can a family day care or home-based carer care for?
A. Refer to Clause 58 - Number of children.
Q. What is the definition of ‘the premises’ in family day care and home-based care? A. The definition of ‘premises’ can be found in the Schedule 2 Dictionary.
Q. Can a family day care or home-based carer have only part of their house, or a separate building on the block as their licensed premises?
A. No. Refer to the definition of ‘premises’ in the Schedule 2 Dictionary.
Q. What are the principles governing caring for school children?
A. Refer to Clause 62 - Caring for school children at service – centre-based or mobile children’s service.
The Children’s Services Regulation 2004 requires that school children attending a children’s service be included in the maximum licensed number approved for the service.
The licensee must ensure that if any school child is provided with education or care
- the access of any preschool child attending the service to facilities and staff of the service is not diminished and
- any program provided for preschool children attending the service are not adversely affected
Q. If Family Day Care carers or home-based carers are looking after school children only does the 2004 Regulation apply to them?
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 6 years who do not ordinarily attend school.
The 2004 Regulation does not apply to a carer providing a service only for school children. These carers do not need to be licensed. If a carer provides a service to under school aged children the carer must comply with provision of the 2004 Regulation.