Schedule 1 and 2
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
Schedule 1- Records to be kept for each child
Schedule 2 - Savings and Transitional Provision
Q. Please explain the meaning of the savings provisions referred to in Schedule 2 Clause 4 - Space requirements and which services they apply to.
A. Savings provisions allow certain services to continue to operate recognising the fact that they cannot meet the new requirements. The main ‘savings’ are in relation to space requirements.The savings provisions apply to service providers already operating when the 2004 Regulation came into effect on 30 September 2004.
Existing services which have the space and the resources to provide the facilities will be expected to comply by 1 January 2006.
Services previously licensed under the 1989 Regulation that are unable to comply with the 2004 space requirements, will be ‘saved’ from having to comply for the life of the 2004 Regulation.
If you are unsure whether your service was first licensed under the 1989 Regulation and therefore is a ‘saved’ service refer to your current licence which will state on the second page the clauses of the Regulation which you do not have to comply with. Alternatively you can ask your CSO for clarification.
Q. Which clauses do ‘space’ savings refer to for centre-based services?
A. There are 3 areas of ‘space’ savings:
- floor space
- space for administration / parent interviews / staff respite
- sleep areas
The requirements for these are outlined in Clause 30 - Space requirements: centre-based services.
Refer to Schedule 2 Clause 4 - Space requirements.
Q. Can the playroom be used for children to play in when only 2 children are left sleeping at the end of a sleep time?
A. Where a separate sleep area is used for sleeping, it is to be limited to this use while children are sleeping. No other activities may be carried out in the same area where children under 2 years of age are sleeping.
Services licensed prior to 30 September 2004 have until January 2008 to comply with this requirement.
Refer to Schedule 2 Clause 4 - Space requirements.
Schedule 2 - Dictionary
Q. What is the definition of primary contact staff?
A. A definition of primary contact staff is located in Schedule 2 - Dictionary.
Q: Can a cook be counted as primary contact staff if they are employed for 5 hours as a cook, then 3 hours as a child care worker?
When are they counted? Anytime when they are with children & not cooking, or just when they are officially employed as a child care worker?
A. The cook may be counted as primary contact staff during the 3 hours they are employed as a child care worker.
Refer to 4 Clause 53(2) - Staff to child ratios.
Q. What is the definition of ‘staff of a children’s service’?
A. A definition of ‘staff of a children’s service’ is located in Schedule 2, Dictionary.
This definition needs to be taken into consideration when assessing which persons can be classified as primary contact staff.
Q. Can a student on practicum placement in a child care centre be counted as primary contact staff member?
A. No, not unless they are ‘employed for remuneration by the licensee’ as required by the definition of ‘staff’.
Q. If a staff member is studying and does their practicum placement at the centre where they work, can they be included as a primary contact staff member while on practicum?
A. Yes, as they are ‘employed for remuneration by the licensee’.
Q. If the Authorised Supervisor is at the service and is completing administrative work in the office, can they be counted as primary contact staff?
A. No, as they are not ‘directly involved in educating or caring for children at the service’, as required in definition (a).
Q. Can a relief staff member be counted as primary contact staff?
A. Yes, as they are a ‘member of staff’ and are ‘directly involved in educating or caring for children at the service’.
Q. Can a person on a work for the dole placement be allowed to be counted as primary contact staff?
A. No.
Q. Are people working under the CDEP (Community Development Employment Program) considered to be primary contact staff?
A. No.
Q. Does the definition of a trainee mean that any untrained staff member studying is classed as a trainee?
A. No, unless the trainee is enrolled in a course at a Registered Training Organisation and is at the services as a formal part of studies at that institution.
Disclaimer:
These Frequently Asked Questions provide information on the licensing and regulation of children’s services, an interpretation of some clauses of the Children’s Services Regulation 2004 and links to other bodies which may provide useful information to children’s services operators.
Every attempt has been made to ensure the information provided is relevant and helpful in understanding the Children’s Services Regulation 2004.
Where links to external internet sites have been provided the Department of Community Services is not responsible for the content of those sites.
Persons interested in providing child care services should always seek independent legal and business advice.