Facilities and equipment requirements (Clauses 30 - 50)
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. When is my service is required to have a nappy change facility? Can I have the nappy change facility in the children’s toilet area?
A.The 2004 Regulation recognises that there may be variations in the ages of children wearing nappies and so requires nappy change facilities to be provided only if there is a child attending the service who wears nappies, irrespective of their age, stage of development or any additional need /disability.
If the child is over 3 years of age the nappy change facility needs to be a stable surface, as stated in Clause 35(1)(a). In a centre-based service the stable surface for children 3 years of age and over, could be the floor.
If the child is under 3 years of age the stable surface needs to be ‘a properly constructed nappy changing bench’, Clause 35(2). The definition of ‘properly constructed’ is fixed and stable.
What this means is if the child wears nappies a nappy change facility is required. If there are no children with nappies then there is no nappy change facility required.
Pull ups are considered to be nappies.
The nappy change facilities need to be designed, located and maintained so as to prevent unsupervised access by children. Reasonable precautions are needed to prevent children climbing onto the nappy change bench and having access to soiled nappies.
Refer to Clause 35 - Nappy change facilities.
Q. What records need to be maintained or produced to prove compliance with Part 3 Facilities and equipment?
A. The service would need to be able to demonstrate that they comply with all of the applicable requirements of Part 3 at all times. This may include, but is not limited to: written records of regular visual inspections or compliance checklists and the provision of relevant documentary evidence, eg hot water and fire equipment certification.
Refer to Clause 16 - Information about premises to accompany application – centre-based or mobile children’s service.
Q. Do the administration area and staff respite area need to be separate or can they be the same room? Is there a specific or minimum size?
A. Refer to Clause 30 (1) (a) & (b) - Space requirements: centre-based children’s services and Schedule 2 Clause 4 - Space requirements.
For new centre-based children’s services the Regulation requires the premises to include a room or area for administration and private consultation, and a room or an area away from the areas for children that is used for respite of staff. The Regulation does not distinguish between services types (ie Long Day Care or Preschool).
Existing services are required to comply with the space arrangements they complied with at the commencement of the 2004 Regulation. That is, for services first licensed under the 1996 Regulation, one area (rather than two) is acceptable to cover the requirements for an area for administration, private consultation and respite of staff.
The 1989 Regulation did not specify the space requirements for the areas referred to above. Therefore, for services first licensed under the 1989 Regulation, the space arrangements in place at the service for administration, private consultation and staff respite at the commencement of the 2004 Regulation will continue to be acceptable under the 2004 Regulation.
There is no particular size referred to in the 2004 Regulation in regard to the size of the rooms or areas. However, the rooms or areas must be of sufficient size and be equipped in a way that is appropriate to its purpose.
Q. Which glass does the 2004 Regulation apply to?
A. Refer to Clause 46 - Glass. The Regulation requires the licensee of a children’s service to install safety glass, apply glass treatments, or place a barrier in front of all glass below 75 centimeters in areas accessible to children.
The use of the term ‘barriers’, referred to here, is intended to stop children from accessing the glass.
The Building Code of Australia (BCA) applies to glass in windows and doors. Where the BCA applies, glass accessible to children must be glazed with safety glass.
There is no requirement for glass certification to be provided to DoCS, however, the CSA may sight a certification sticker inbuilt into the glass, stating that it is safety glass or request certification is provided if there is a concern about the glass which is accessible to children.
Q. Do you need to have a laundry on the premises when children under 3 years of age are attending even though washing is sent out to a laundry service?
A. Refer to Clause 31 - Laundry.
Laundry facilities comprising at least a laundry tub connected to both hot and cold water are required on the premises of a centre-based service when children under three years of age are enrolled, regardless of whether laundry is sent to a laundry service.
Mobile services which are unable to provide all of the requirements of Part 3 Facilities and equipment, should indicate this on their Venue Management Plan and indicate how they will meet this requirement.
Q. Can centre-based services use portable cots?
A. Refer Clause 36 - Sleeping facilities.
Cots in centre-based services must comply with the requirements of Clause 36 (6).
If folding cots are used in family day care and home-based care services they must comply with the Australian Standard for portable cots, AS/NZ 2195 – 1999.
Q. What are the ‘appropriate devices’ referred to in Clause 47 which are designed to minimise the risk of electrical shock?
A. Refer to Clause 47 - Cleanliness, maintenance and repairs.
Power point covers and earth leakage circuit breakers (safety cut out switches) are required to meet compliance with Clause 47subclause (4).
CSAs may request certification that safety switches have been installed and maintained by an electrician if there are concerns about the safety of children.