Child Care Regulation 2003

Queensland Child Care Act 2002 Child Care Regulation 2003 Current as at 20 July 2012 NOTE—This is the last reprint before lapse. Lapsed by 2013 Act No. 44 s 245 Lapsed on 1 January 2014

Information about this reprint This regulation is reprinted as at 20 July 2012. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have also been made to correct minor errors (s 44). This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in the reprint, including table of corrected minor errors • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Child Care Regulation 2003 Contents Part 1 Division 1 1 2 3 Division 2 4 5 6 7 Part 2 Division 1 8 9 10 11 12 13 Division 2 Subdivision 1 14 15 16 Subdivision 2 17 18 19 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Interpretation and application of provisions Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Requirements relating to a stated number of children . . . . . . . . . 8 References to a child’s age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 References to age brackets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Centre based services Programs Licensee must ensure compliance—Act, s 89 . . . . . . . . . . . . . . . 9 Matters relevant to content of program. . . . . . . . . . . . . . . . . . . . . 9 Specific requirements of program. . . . . . . . . . . . . . . . . . . . . . . . . 9 Planning and development of program. . . . . . . . . . . . . . . . . . . . . 10 Documentation of program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Giving information about program to parents and guardians . . . . 11 Standard requirements for groups and staffing levels Preliminary Standard requirements—Act, s 61 . . . . . . . . . . . . . . . . . . . . . . . . 11 Explanation about caring for children in groups . . . . . . . . . . . . . . 11 Reference to licensed capacity. . . . . . . . . . . . . . . . . . . . . . . . . . . 12 When is someone ‘working with’ children Explanation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 References to working with children. . . . . . . . . . . . . . . . . . . . . . . 12 Rest pauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Child Care Regulation 2003 Contents 20 Subdivision 3 21 22 23 24 25 26 27 28 Subdivision 4 29 30 31 32 Division 3 33 34 34A 35 36 37 38 39 Division 4 40 41 Division 5 42 43 44 Division 6 45 46 Page 2 Other temporary absences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Standard requirements for service other than school age care service Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Caring for children in groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inclusion of a child of a different age . . . . . . . . . . . . . . . . . . . . . . Staffing requirements other than during a rest period . . . . . . . . . Staffing requirements during a rest period . . . . . . . . . . . . . . . . . . Individual care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Extra group leader required for large service . . . . . . . . . . . . . . . . Standard requirements for school age care service Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Number of carers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presence of qualified staff member . . . . . . . . . . . . . . . . . . . . . . . Notices Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licensee must comply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Display of notice about staffing. . . . . . . . . . . . . . . . . . . . . . . . . . . Display of notice about groups . . . . . . . . . . . . . . . . . . . . . . . . . . . Display of notice about groups and emergency care . . . . . . . . . . Notice to chief executive about groups. . . . . . . . . . . . . . . . . . . . . Notice about emergency care . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice about rest pauses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presence of qualified director or other qualified person at child care centre Presence of qualified director or other qualified person—Act, s 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed times. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Arrival and departure of children Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Arriving at, or leaving, a child care centre . . . . . . . . . . . . . . . . . . Arriving at, or leaving, another place . . . . . . . . . . . . . . . . . . . . . . Buildings and facilities Licensee must ensure compliance . . . . . . . . . . . . . . . . . . . . . . . . Bedding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 15 15 15 16 17 18 18 19 20 20 20 21 21 22 22 22 23 23 24 24 25 25 26 27 28 28 28

47 48 49 50 50A 51 52 53 54 Division 7 55 56 57 58 59 60 61 62 63 Division 8 64 Part 3 Division 1 65 66 67 Division 2 68 69 70 71 72 73 74 Child Care Regulation 2003 Contents Bed linen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Telephone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refrigerators. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Laundry facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Storage of soiled items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bath for infants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hand washing facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Harmful plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other health and safety matters Licensee must ensure compliance . . . . . . . . . . . . . . . . . . . . . . . . Health and hygiene practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cleaning and maintenance generally . . . . . . . . . . . . . . . . . . . . . . Nappy change areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to kitchen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dangerous places and items must be inaccessible to children . . Animals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Smoking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Food and nutrition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Exemptions—Act, s 188 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Home based services Activities and experiences Licensee must ensure compliance—Act, s 98 . . . . . . . . . . . . . . . Specific requirements of activities and experiences. . . . . . . . . . . Information about activities and experiences . . . . . . . . . . . . . . . . Carers coming together Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Travelling time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Combined care with 2 carers . . . . . . . . . . . . . . . . . . . . . . . . . . . . Combined care with at least 3 carers . . . . . . . . . . . . . . . . . . . . . . Combined care while meeting excursion requirements . . . . . . . . Limits on frequency of combined care . . . . . . . . . . . . . . . . . . . . . Licensee to be informed about place where combined care is regularly provided. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 29 29 30 30 31 31 31 31 32 32 32 32 32 32 33 33 33 34 34 34 35 35 35 36 36 37 37 38 Page 3

Child Care Regulation 2003 Contents Division 3 75 76 77 Division 4 78 79 80 81 82 83 Division 5 84 85 86 87 88 89 90 91 Part 4 Division 1 92 93 94 95 95A 96 Division 2 97 98 99 Division 3 100 101 Arrival and departure of children Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Arriving at, or leaving, a carer’s home . . . . . . . . . . . . . . . . . . . . . Arriving at, or leaving, another place . . . . . . . . . . . . . . . . . . . . . . Buildings and facilities Licensee must ensure compliance . . . . . . . . . . . . . . . . . . . . . . . . Bedding and bed linen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Telephone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Outdoor play areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Harmful plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other health and safety matters Licensee must ensure compliance . . . . . . . . . . . . . . . . . . . . . . . . Health and hygiene practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cleaning and maintenance generally . . . . . . . . . . . . . . . . . . . . . . Fire evacuation plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dangerous places and items must be inaccessible to children . . Animals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Smoking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Food and nutrition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other requirements applying to all services Supervision during certain activities Meaning of adult for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Swimming. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information for parents and guardians about care provided away from principal place of care . . . . . . . . . . . . . . . . . . . . . . . . . Excursions and escorting to or from child care centre . . . . . . . . . Excursions to adjoining schools . . . . . . . . . . . . . . . . . . . . . . . . . . Transportation in a private vehicle . . . . . . . . . . . . . . . . . . . . . . . . Illness or injury Authority to give medical attention . . . . . . . . . . . . . . . . . . . . . . . . Medical attention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice to parent or guardian. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records Record keeping requirements—Act, s 85. . . . . . . . . . . . . . . . . . . Information about children in care . . . . . . . . . . . . . . . . . . . . . . . . Page 4 38 38 39 39 40 40 40 40 40 41 41 41 41 41 42 42 42 43 43 44 45 46 47 49 49 49 49 50

102 103 104 105 106 Division 4 106A Part 5 Division 1 107 108 Division 2 109 110 111 Division 3 112 113 114 115 116 Division 4 117 118 119 Division 5 120 121 122 Part 6 123 124 Child Care Regulation 2003 Contents Other information—centre based service. . . . . . . . . . . . . . . . . . . Other information—home based service . . . . . . . . . . . . . . . . . . . Times for which records must be kept . . . . . . . . . . . . . . . . . . . . . Records for a centre based service must be kept at the centre . . Personal information about child in care—Act, s 87. . . . . . . . . . . Information for parents and guardians Giving information to parents and guardians . . . . . . . . . . . . . . . . Qualifications Preliminary Description of qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval of qualifications Approval of equivalent qualifications . . . . . . . . . . . . . . . . . . . . . . Approval of particular qualifications held by a person . . . . . . . . . Application for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed qualifications Qualifications for assistant—Act, sch 2, definition qualified assistant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualifications for group leader—Act, sch 2, definition qualified group leader . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualifications for director—Act, sch 2, definition qualified director ....................................... Qualifications for coordinator—Act, sch 2, definition qualified coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Early childhood qualification for a coordinator—Act, s 67 . . . . . . Unqualified persons fulfilling requirements for qualified person Operation of div—Act, s 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Person engaged in a position . . . . . . . . . . . . . . . . . . . . . . . . . . . . Person enrolled in a course of study . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Relevant areas of study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . First aid training—Act, s 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certification of certain evidentiary documents—Act, ss 72 and 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Notice of revocation or suspension of licence—Act, s 49. . . . . . . Insurance—Act, ss 82 and 102 . . . . . . . . . . . . . . . . . . . . . . . . . . 51 53 54 55 55 55 57 57 58 58 59 59 60 60 61 61 61 62 62 64 64 65 65 65 Page 5

Child Care Regulation 2003 Contents 125 126 126A 126AA 127 127A 127B 127C 127D Part 7 Division 1 128 Division 2 129 Schedule 1 Schedule 2 Schedule 3 Schedule 4 Certification of copies of suitability notices—Act, ss 74 and 97 . . Prescribed entity for disclosing confidential information—Act, s 169 .......................................... Policies—Act, s 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed entity—Act, s 170A. . . . . . . . . . . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Waiver of fee for renewal of licence . . . . . . . . . . . . . . . . . . . . . . . Refund of fee for renewal of licence . . . . . . . . . . . . . . . . . . . . . . . Waiver of fee for replacement of licence . . . . . . . . . . . . . . . . . . . Refund of fee for replacement of licence . . . . . . . . . . . . . . . . . . . Transitional provisions Transitional provision for Child Care Regulation 2003 Transitional—qualified staff member for s 32 . . . . . . . . . . . . . . . . Transitional provision for Child Care Amendment Regulation (No. 1) 2005 First aid training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Groups in child care centres . . . . . . . . . . . . . . . . . . . . . . . . . . Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 66 66 66 67 67 67 68 68 69 70 71 73 76 78 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of corrected minor errors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 81 82 82 83 84 87 Page 6

Child Care Regulation 2003 Child Care Regulation 2003 Part 1 Preliminary [s 1] [as amended by all amendments that commenced on or before 20 July 2012] Part 1 Preliminary Division 1 Introduction 1 Short title This regulation may be cited as the Child Care Regulation 2003 . 2 Commencement This regulation commences on 1 September 2003. 3 Notes in text A note in the text of this regulation is part of this regulation. Division 2 Interpretation and application of provisions 4 Definitions The dictionary in schedule 4 defines particular words used in this regulation. Current as at 20 July 2012 Page 7

Child Care Regulation 2003 Part 1 Preliminary [s 5] 5 Requirements relating to a stated number of children A requirement under this regulation applying in relation to a stated number of children applies each time there is the stated number of children or a part of the stated number. Example — There are 40 children in care at a school age care service. Section 30(3) requires that there be at least 1 qualified assistant for each 30 children in care. In this case, 2 qualified assistants would be required. 6 References to a child’s age A reference in this regulation to a child of a stated age is— (a) if the age is expressed as a whole number of years—a reference to a child who was of that age at the child’s last birthday; or (b) otherwise—a reference to a child who is exactly that age. Examples — 1 A reference to a 2 year old child is a reference to a child who is between 2 and 3 years old. 2 A reference to a group of children aged 2 1 / 2 to 3 years does not include a group with a child who is 2 years and 2 months old but may include a group with a child who is 3 years and 11 months old. 7 References to age brackets A reference in this regulation to children of one stated age to another stated age is a reference to children who are all at least the first stated age and not more than the second stated age. Example — A reference to a group of children whose ages are ‘15 months to 3 years’ is a reference to a group of children, each of whom is at least 15 months old and less than 4 years old. Page 8 Current as at 20 July 2012

Part 2 Child Care Regulation 2003 Part 2 Centre based services [s 8] Centre based services Division 1 Programs 8 Licensee must ensure compliance—Act, s 89 The licensee of a centre based service must ensure this division is complied with in relation to each program under which child care is provided in the course of the service. 9 Matters relevant to content of program The program’s contents must have regard to— (a) the number of children at the child care centre to whom child care is provided at one time under the program; and (b) for each of the children— (i) the time for which the child is in care on each occasion; and (ii) how often the child is in care; and (iii) the child’s age. 10 Specific requirements of program The program must— (a) include a balance of activities and learning experiences, including— (i) indoor and outdoor activities; and (ii) individual and group activities; and (b) allow, in appropriate circumstances, for supervised periods for the children to rest or sleep; and (c) include opportunities for the children to make choices; and Current as at 20 July 2012 Page 9

Child Care Regulation 2003 Part 2 Centre based services [s 11] (d) be flexible and responsive to changes in the children’s abilities, interests and skills; and (e) be designed to nurture each child’s self-esteem, self-reliance and competence; and (f) be inclusive of children of all abilities; and (g) ensure each child’s social and cultural background is respected and valued; and (h) reflect an understanding of Australia’s Aboriginal and Torres Strait Islander heritage and its multicultural heritage. 11 Planning and development of program The program must be planned and developed— (a) from an ongoing observation of the children and assessment of their individual strengths, needs and interests; and (b) with the involvement of the parents, children, staff members and, as appropriate, other relevant professionals; and (c) through regular evaluation of the program’s implementation. 12 Documentation of program The program, in the form in which it is being implemented from time to time, must be set out in a written document that includes a statement of— (a) the service’s philosophy in relation to learning and child development outcomes and how it is intended the outcomes will be achieved; and (b) the goals relating to the knowledge and skills to be developed through the program. Page 10 Current as at 20 July 2012

Child Care Regulation 2003 Part 2 Centre based services [s 13] 13 Giving information about program to parents and guardians (1) A notice must be displayed, at an appropriate place at the child care centre accessible to parents and guardians, giving general information about the program. (2) A parent or guardian of a child in care must be given, on request, information about the content or operation of the program so far as it relates to the child. Division 2 Standard requirements for groups and staffing levels Subdivision 1 Preliminary 14 Standard requirements—Act, s 61 This division states the standard requirements for section 61 of the Act. Note — Under section 62 of the Act, these requirements apply to a centre based service at all times the service is conducted on a day between 5.00a.m. and 10.00p.m. 15 Explanation about caring for children in groups (1) Subdivision 2 requires that the children in care of a centre based service, other than a school age care service, be cared for in groups. (2) The purpose of the requirement is that, by assigning each child to a group while in care, the child may— (a) undertake activities as part of a group that is of an appropriate size and composition, having regard to the ages of the children in the group; and (b) receive direct care from staff members working with the group. Current as at 20 July 2012 Page 11

Child Care Regulation 2003 Part 2 Centre based services [s 16] (3) The requirement is not contravened merely because— (a) a child is assigned to different groups at different times; or (b) from time to time, the child is not physically present with the rest of the child’s group; or (c) in order to undertake an activity in an appropriate way, the child’s group mixes with another group. Example for paragraph (c) — Children assigned to a group may continue to be cared for in the group even while, for part of a day, they— (a) intermingle with other groups while using a playground; or (b) sit with other groups to hear a musician visiting the centre; or (c) travel with other groups on an excursion. 16 Reference to licensed capacity (1) This section applies to a centre based service if its licensed capacity is stated in its licence as different numbers applying to the service at different times. (2) A reference in this division or schedule 1 to the service’s licensed capacity is a reference to the highest of the numbers. Subdivision 2 When is someone ‘working with’ children 17 Explanation This subdivision explains when a person is, or is not, working with children for the purposes of this division. 18 References to working with children A person is working with children only if the person— (a) is physically present with the children; and Page 12 Current as at 20 July 2012

Child Care Regulation 2003 Part 2 Centre based services [s 19] (b) is directly engaged in providing child care to the children; and (c) is not also engaged in another activity that may interfere with the proper provision of child care to the children; and Examples for paragraph (c) — • undertaking general cleaning duties unrelated to the direct provision of care to the children • having a telephone conversation unrelated to the direct provision of care to the children (d) does not have responsibilities that involve being absent from the children from time to time and that are not directly related to providing child care to the children. Example for paragraph (d) — a responsibility for staffing reception at a child care centre, requiring the person to temporarily leave the children whenever someone comes to the reception area 19 Rest pauses (1) This section applies to a staff member who is, under section 18, working with children (the relevant children ). (2) Despite section 18, the staff member is taken to be continuing to work with the relevant children while he or she is absent on a rest pause if— (a) the rest pause is not more than 10 minutes; and (b) the staff member has not already been absent on 2 rest pauses on that day; and (c) the rest pause is not being taken during a rest period for the service; and (d) there is an adult staff member present at the centre who is— (i) not working with children; and (ii) able to attend with the relevant children immediately if required; and Current as at 20 July 2012 Page 13

Child Care Regulation 2003 Part 2 Centre based services [s 20] Note — The adult staff member may be the staff member who is absent on the rest pause. (e) none of the other persons required under this division to be working with the relevant children is absent at the same time; and (f) without limiting paragraph (e), there is at least 1 adult staff member working with the relevant children; and (g) arrangements are otherwise in place to ensure the relevant children are kept safe. (3) In this section— adult staff member includes a 17 year old staff member who is a qualified assistant. rest pause means a break from the duties of a person’s employment, under an entitlement in the employment conditions. 20 Other temporary absences (1) This section applies to a person who is, under section 18, working with children (the relevant children ). (2) Despite section 18, the person is taken to be continuing to work with the relevant children while he or she is temporarily absent, other than on a rest pause, if— (a) the absence is not more than 5 minutes; and (b) none of the other persons required under this division to be working with the relevant children is absent at the same time; and (c) without limiting paragraph (b), there is at least 1 adult staff member working with the relevant children; and (d) arrangements are otherwise in place to ensure the relevant children are kept safe. Page 14 Current as at 20 July 2012

Child Care Regulation 2003 Part 2 Centre based services [s 21] Example — A person working with a group of children may leave the group under this section to— (a) care for a child who has temporarily left the group; or (b) prepare an area in which the children are about to undertake another activity; or (c) undertake an activity unrelated to caring for the children. (3) In this section— adult staff member includes a 17 year old staff member who is a qualified assistant. Subdivision 3 Standard requirements for service other than school age care service 21 Application of sdiv 3 This subdivision applies to a centre based service other than a school age care service. 22 Caring for children in groups The children in care at the child care centre must be cared for in groups, each of which— (a) is not more than the maximum size stated in schedule 1; and (b) complies with any other limit for the group stated in schedule 1. 23 Inclusion of a child of a different age (1) When assigning children to groups for the purpose of section 22, the licensee may deal with a child as if the child were of a particular age (an imputed age ) that is up to 3 months higher or 3 months lower than the child’s actual age, if— Current as at 20 July 2012 Page 15

Child Care Regulation 2003 Part 2 Centre based services [s 24] (a) the licensee is satisfied on reasonable grounds it is developmentally appropriate for the child to be dealt with as if the child were of the imputed age; and (b) a parent or guardian of the child agrees to the child being dealt with in that way and endorses the record made under section 102(g). (2) For schedule 1, the child’s age is taken to be the imputed age. Example — A child is aged 13 months. Because of the child’s advanced development, the licensee assigns the child to a group under this section as if the child were aged 15 months. In deciding whether the child’s group complies with schedule 1, the child’s age is taken to be 15 months. (3) The licensee may not deal with more than 1 child in each group under subsection (1). (4) This section does not affect the operation of a licence condition or another requirement applying to the licensee under the Act. Example — A licence condition prohibits the licensee from providing child care to a child younger than 15 months. The licensee would be contravening the licence condition by providing child care to a child aged 13 months even if the licensee is satisfied it would be developmentally appropriate to deal with the child as if the child were aged 15 months. 24 Staffing requirements other than during a rest period (1) This section applies to each of the groups at the child care centre other than during a rest period. (2) There must be a qualified group leader working with, and in charge of, the group. (3) The number of qualified carers working with the group must be at least the number required to comply with the ratio for the group stated in schedule 1. (4) In this section— qualified carer — Page 16 Current as at 20 July 2012

Child Care Regulation 2003 Part 2 Centre based services [s 25] (a) means the qualified group leader in charge of the group and any other qualified assistant working with the group; and (b) includes 1 adult working with a group who is not a qualified assistant if— (i) a qualified group leader and a qualified assistant are also working with the group; and (ii) the service’s licensed capacity is not more than 30. 25 Staffing requirements during a rest period (1) This section applies to the service during a rest period. (2) The number of qualified carers working with each of the groups at the child care centre must be at least— (a) for a group including a child aged less than 2 years—the number required to comply with the ratio for the group stated in schedule 1; or (b) for another group—the number that is 1 less than the number required to comply with the ratio for the group stated in schedule 1 (but at least 1). (3) In addition to the qualified carers working with the groups under subsection (2), there must be at least the following number of adult staff members present at the centre and able to attend with any of the groups immediately if required— (a) if the service’s licensed capacity is not more than 30—1 adult staff member; (b) if the service’s licensed capacity is at least 31 but not more than 75—2 adult staff members; (c) if the service’s licensed capacity is at least 76—3 adult staff members. (4) A director must be present at the centre. (5) The director present under subsection (4) may be one of the qualified carers under subsection (2) or other staff members under subsection (3). Current as at 20 July 2012 Page 17

Child Care Regulation 2003 Part 2 Centre based services [s 26] (6) The requirements under subsections (2) to (5) do not apply if the requirements under section 24 are being met. (7) In this section— adult staff member includes a 17 year old staff member who is a qualified assistant. director means a qualified director or an adult mentioned in section 64(3)(b) of the Act. qualified carer — (a) means a qualified assistant; and (b) includes 1 adult working with a group who is not a qualified assistant if— (i) 2 qualified assistants are also working with the group; and (ii) the service’s licensed capacity is not more than 30. Note — A person who is a qualified group leader or qualified director is also a qualified assistant. See section 112(c). 26 Individual care Sections 22, 24 and 25 are taken to have been complied with in relation to a child in care at a child care centre if the child is cared for individually by a qualified assistant. 27 Emergency care (1) This section applies if the number of children in a group at a child care centre is more than the group’s prescribed limit. (2) In deciding, for this subdivision, the number or ages of children in the group, a child to whom emergency care is being provided is not to be included. (3) However, subsection (2) applies only if the number by which the prescribed limit is being exceeded is not more than— Page 18 Current as at 20 July 2012

Child Care Regulation 2003 Part 2 Centre based services [s 28] (a) if emergency care is being provided to 2 or more children in the same family—that number of children; or (b) otherwise—1. (4) This section applies whether or not the licensed capacity of the centre based service is being exceeded. (5) In this section— prescribed limit , for a group, means the maximum size for the group stated in schedule 1. 28 Extra group leader required for large service (1) This section applies to a centre based service with a licensed capacity of at least 45. (2) However, this section does not apply to a centre based service if— (a) the children in care of the service are aged between 3 years and school age; and (b) the service does not operate for more than 6 hours a day; and (c) the service is conducted by an adult who is present for the duration of the service and is a registered teacher, or is eligible for full or provisional registration, under the Education (Queensland College of Teachers) Act 2005 and— (i) holds a bachelor degree, or higher qualification, in early childhood studies; or (ii) holds a qualification that enables the person to teach in a school that provides primary education and has completed, or is undertaking, a qualification mentioned in section 114(a) to (c). (3) An extra group leader must be present at the child care centre for at least the following times— (a) if the service’s licensed capacity is at least 45 but not more than 65—10 hours each week; Current as at 20 July 2012 Page 19

Child Care Regulation 2003 Part 2 Centre based services [s 29] (b) if the service’s licensed capacity is at least 66—38 hours each week. (4) In this section— extra group leader means a qualified group leader present at a child care centre in addition to the qualified group leaders required to be present at the centre to comply with section 24 or 25. Subdivision 4 Standard requirements for school age care service 29 Application of sdiv 4 This subdivision applies to a school age care service. 30 Number of carers (1) This section applies at all times child care is being provided in the course of the service. (2) There must be at least 1 carer for each 15 children. (3) Of the carers required under this section, there must be at least 1 qualified assistant for each 30 children. (4) A requirement in this section that there be a carer is a requirement— (a) that there be a carer who is— (i) an adult; or (ii) a 17 year old qualified assistant; and (b) that the carer be working with the children in care. 31 Emergency care (1) This section applies if, at a particular time, emergency care is being provided to 1 or more children in the course of the service. Page 20 Current as at 20 July 2012

Child Care Regulation 2003 Part 2 Centre based services [s 32] (2) For section 30, the number of children in care is taken to be reduced by— (a) if emergency care is being provided to 2 or more children in the same family—that number of children; or (b) otherwise—1. (3) This section applies whether or not the licensed capacity of the centre based service is being exceeded. 32 Presence of qualified staff member (1) This section applies— (a) for a day on which child care is provided in the course of the service for more than 7 hours and 15 minutes—for at least 7 hours and 15 minutes of the time during which child care is provided; or (b) for another day—at all times child care is being provided in the course of the service. (2) There must be at least 1 person present at the child care centre who is an adult staff member of the service and has a qualification for a group leader prescribed under this regulation. Editor’s note — See section 128 (Transitional—qualified staff member for s 32). (3) The person may be 1 of the carers mentioned in section 30. Division 3 Notices 33 Definitions for div 3 In this division— groups , at a child care centre, means the groups in which children at the centre are cared for in compliance with section 22. prescribed information , about a group, means— Current as at 20 July 2012 Page 21

Child Care Regulation 2003 Part 2 Centre based services [s 34] (a) the maximum number of children in the group; and (b) the minimum and maximum ages of children in the group. prescribed limit , for a group, means the maximum size for the group stated in schedule 1. 34 Licensee must comply A licensee must comply with this division. Maximum penalty—1 penalty unit. 34A Display of notice about staffing (1) This section applies to the licensee of a centre based service other than a school age care service. (2) The licensee must display, at an appropriate place at the child care centre accessible to parents and guardians, a notice stating the current information about— (a) the number of staff members working at the centre on each day of the week, including at different times on a single day; and (b) each staff member’s qualifications and position. (3) The notice must be headed ‘INFORMATION ABOUT STAFFING’ or have a similar heading. (4) The content of the notice must appear, in prominent and legible characters, in print no smaller than 18 point. 35 Display of notice about groups (1) This section applies to the licensee of a centre based service other than a school age care service. (2) The licensee must display, at an appropriate place at the child care centre accessible to parents and guardians, a notice stating the prescribed information about each of the groups at the centre. Page 22 Current as at 20 July 2012

Child Care Regulation 2003 Part 2 Centre based services [s 36] (3) The notice must be headed ‘INFORMATION ABOUT GROUPS’ or have a similar heading. (4) The content of the notice must appear, in prominent and legible characters, in print no smaller than 18 point. 36 Display of notice about groups and emergency care (1) This section applies to the licensee of a centre based service, other than a school age care service, if the number of children in a group is more than the prescribed limit because emergency care is being provided to a child in the group. (2) The licensee must display, at an appropriate place at the child care centre accessible to parents and guardians of children in the group, a notice stating that the number of children in the group is more than the prescribed limit because emergency care is being provided to a child in the group. (3) The notice must be headed ‘EMERGENCY CARE’ or have a similar heading. (4) The content of the notice must appear, in prominent and legible characters, in print no smaller than 18 point. 37 Notice to chief executive about groups (1) This section applies to the licensee of a centre based service other than a school age care service. (2) The licensee must give the chief executive a notice, stating the prescribed information about each of the groups at the centre, at the following times— (a) when the licensee starts conducting the service; (b) immediately after there is a material change to the prescribed information previously given to the chief executive under this section. Current as at 20 July 2012 Page 23

Child Care Regulation 2003 Part 2 Centre based services [s 38] 38 Notice about emergency care (1) This section applies to a centre based service while emergency care is being provided to 1 or more children in circumstances to which section 33 of the Act applies. (2) The licensee must display, at an appropriate place at the child care centre accessible to parents and guardians of the children in care, a notice stating that the number of children being cared for is more than the service’s licensed capacity because emergency care is being provided. (3) The notice must be headed ‘EMERGENCY CARE’ or have a similar heading. (4) The content of the notice must appear, in prominent and legible characters, in print no smaller than 18 point. 39 Notice about rest pauses (1) This section applies to the absence, on a rest pause, of a staff member working with children at a centre based service. Note — Under section 19, if certain conditions are met, a staff member working with children is taken to be continuing to work with the children while he or she is absent on a rest pause. (2) The licensee must ensure that— (a) at or before the time the rest pause starts, the staff member’s name and the time of the rest pause is recorded on a notice; and (b) the notice is displayed at an appropriate place at the child care centre accessible to parents and guardians of the children in care until at least the end of the day. (3) The notice must be headed ‘REST PAUSES’ or have a similar heading. (4) The content of the notice must appear, in prominent and legible characters, in print no smaller than 18 point. Page 24 Current as at 20 July 2012

Division 4 Child Care Regulation 2003 Part 2 Centre based services [s 40] Presence of qualified director or other qualified person at child care centre 40 Presence of qualified director or other qualified person—Act, s 64 This division prescribes matters for the obligation applying to the licensee of a centre based service under section 64(3) of the Act. 41 Prescribed times (1) For this section, the child care centre’s peak period for a day is the part of the day for which, ordinarily, the number of children in care at the centre is at its highest level. (2) If the centre’s normal operating hours for a day are not more than 10 hours, a qualified director must be present at the centre— (a) for at least 75% of the centre’s normal operating hours for that day; and (b) for most of the centre’s peak period for that day. (3) If the centre’s normal operating hours for a day are more than 10 hours— (a) a qualified director must be present at the centre— (i) for at least 7 1 / 2 hours on that day; and (ii) so far as possible, for most of the centre’s peak period for that day; and (b) a qualified director, or a qualified group leader with at least 2 years experience as a carer in a child care service, must be present at the centre— (i) for at least 75% of the centre’s normal operating hours for that day; and (ii) for most of the centre’s peak period for that day. Current as at 20 July 2012 Page 25

Child Care Regulation 2003 Part 2 Centre based services [s 42] Example — A child care centre’s normal operating hours for a day are from 7.00a.m. to 7.00p.m. Ordinarily, the following numbers of children in care are present at the following times— • 10 children from 7.00a.m. to 8.00a.m. • 50 children from 8.00a.m. to 12.00p.m. (the peak period for the day) • 40 children from 12.00p.m. to 6.00p.m. • 10 children from 6.00p.m. to 7.00p.m. X, who is a qualified director, is present at the centre from 8.30a.m. to 4.00p.m. Y, who is a qualified group leader with at least 2 years experience as a carer in a child care service, is present from 1.00p.m. to 7.00p.m. The licensee of this service has complied with section 64(3) of the Act on this day, because— • X was present for 7 1 / 2 hours, including most of the peak period • X or Y was present from 8.30a.m. to 7.00p.m., which is more than 75% of the centre’s normal operating hours for that day and includes most of the peak period. Division 5 Arrival and departure of children 42 Definitions for div 5 In this division— adult , in relation to a person accompanying a child arriving at or leaving a child care centre, includes the child’s parent who is not yet an adult. arrive , at a child care centre, means arrive at the centre to start receiving child care in the course of the centre based service. attendance book , of a child care centre, means 1 or more documents kept by the licensee of the centre for recording information about the attendance of each child in care. leave , a child care centre, means leave the centre and stop receiving child care in the course of the centre based service. Page 26 Current as at 20 July 2012

Child Care Regulation 2003 Part 2 Centre based services [s 43] 43 Arriving at, or leaving, a child care centre (1) The licensee of a centre based service must take reasonable steps to ensure a child in care who is not a school child does not arrive at the child care centre other than— (a) with an adult; or (b) if a parent or guardian of the child has advised the licensee that the child will be arriving accompanied only by a school child—with the school child. Maximum penalty—10 penalty units. (2) The licensee of a centre based service must ensure that— (a) when a child in care arrives at the child care centre, the child is received by a staff member of the service; and (b) when a child in care arrives at the child care centre— (i) if the child is accompanied by an adult—the adult enters the arrival time and the adult’s name in the centre’s attendance book and signs the entry; or (ii) otherwise—a staff member enters the arrival time in the centre’s attendance book and signs the entry; and (c) a child in care does not leave the child care centre other than with, or with the permission of, a parent or guardian of the child; and (d) a child in care who is not a school child does not leave the child care centre other than with an adult; and (e) when a child in care leaves the child care centre— (i) if the child leaves with an adult—the adult enters the departure time and the adult’s name in the centre’s attendance book and signs the entry; or (ii) otherwise—a staff member enters the departure time in the centre’s attendance book and signs the entry. Maximum penalty—10 penalty units. Current as at 20 July 2012 Page 27

Child Care Regulation 2003 Part 2 Centre based services [s 44] 44 Arriving at, or leaving, another place (1) This section applies to the provision of child care, in the course of a licensed centre based service, at a place other than the child care centre. (2) Section 43 applies to a child arriving at or leaving the place as if a reference in the section to the child care centre were a reference to the other place. Example — The licensee of a centre based service has a bus in which, under the licence, children in care are collected from their homes by a staff member and transported to the child care centre. A child is accompanied by the child’s parent until the child enters the bus. Under section 43(2)(b), the licensee must ensure there is an attendance book for the child care centre in the bus and, when the child enters the bus, the parent enters the time and the parent’s name in the attendance book and signs the entry. Division 6 Buildings and facilities 45 Licensee must ensure compliance The licensee of a centre based service must ensure the child care centre and facilities used to provide child care under the licence comply with this division. Maximum penalty—5 penalty units. 46 Bedding (1) A child care centre must have— (a) a cot with a waterproof cover for each infant; and (b) a bed with a waterproof cover for— (i) each child, other than a school child, attending the centre for more than 4 hours continuously; and (ii) each child being cared for at any time between 10.00p.m. and 5.00a.m. Page 28 Current as at 20 July 2012

Child Care Regulation 2003 Part 2 Centre based services [s 47] (2) The beds must be placed so that there is enough space for an adult to walk between the beds and to gain easy access to each bed from either side of the bed. 47 Bed linen (1) A child care centre must have enough bed linen for the beds, suitable for the centre’s climatic conditions. (2) The bed linen used at a child care centre must be laundered— (a) at least once a week; and (b) if wet or soiled; and (c) before use by a different child. 48 Telephone (1) A child care centre must have a telephone on which intrastate calls may be sent and received. (2) At all times child care is being provided in the course of the centre based service, the telephone must be available for sending and receiving calls. Example — The telephone must not be disconnected in order to use the line for internet access. 49 Refrigerators (1) A child care centre must have enough refrigerators, with enough capacity, to meet the needs of the children in care, having regard to all the circumstances including the number of children who may be cared for at one time, their ages and the length of time for which they are in care. (2) Without limiting subsection (1)— (a) a child care centre must have at least 1 refrigerator; and (b) if any infants are cared for at a child care centre— Current as at 20 July 2012 Page 29

Child Care Regulation 2003 Part 2 Centre based services [s 50] (i) there must be at least 1 refrigerator for each 16 infants for whom care is provided at one time; and (ii) the refrigerators must be located in the bottle preparation area. 50 Laundry facilities (1) This section applies if bed linen, children’s clothes, towels or other items are laundered in the course of a centre based service. (2) If the items are laundered at the centre, the child care centre must have a washing machine and facilities for cleaning soiled items before they are washed in the washing machine. (3) If the items are laundered elsewhere, the child care centre must have facilities for storing the items in a way that prevents the spread of infection from them. 50A Storage of soiled items (1) This section applies to a child care centre other than a centre for a school age care service. (2) The child care centre must have a soiled items facility in every toilet area and nappy change area in the centre. (3) In this section— soiled items facility means a facility— (a) for storing soiled items until the items are rinsed using a sluice; and (b) capable of being sealed; and (c) adequate to prevent the spread of infection from the soiled items; and (d) inaccessible to children in care at the child care centre. toilet area means an area in a child care centre where there is a toilet used by children in care at the centre. Page 30 Current as at 20 July 2012

Child Care Regulation 2003 Part 2 Centre based services [s 51] 51 Bath for infants If any infants are cared for at a child care centre that does not have a built-in bath, the centre must have a portable bath. Note — Under the Building Act requirements, certain child care centres are required to have a built-in bath. 52 Hand washing facilities (1) A child care centre must have hand washing facilities in the nappy change area, kitchen and any other area where food is ordinarily prepared. (2) A child care centre must have hand washing facilities in the toilets, including facilities that are adequate and appropriate for the children ordinarily cared for at the centre. (3) In this section— hand washing facilities includes soap and hand drying facilities. 53 Other facilities (1) A child care centre must have other facilities, including furniture, indoor and outdoor equipment and utensils for eating and drinking, that are adequate for the children ordinarily cared for at the centre. (2) The facilities must be appropriate for the children, having regard to their age and other relevant matters. (3) The chief executive may issue guidelines about what facilities the chief executive considers to be adequate or appropriate for this section. 54 Harmful plants A child care centre must not have any plants accessible to children that are poisonous or otherwise pose an unacceptable danger to the children. Current as at 20 July 2012 Page 31

Child Care Regulation 2003 Part 2 Centre based services [s 55] Division 7 Other health and safety matters 55 Licensee must ensure compliance The licensee of a centre based service must ensure this division is complied with in relation to— (a) the child care centre and facilities used to provide child care under the licence; and (b) the conduct of the service. Maximum penalty—5 penalty units. 56 Health and hygiene practices Each staff member must observe good health and hygiene practices while providing care in the course of the service. 57 Cleaning and maintenance generally A child care centre and its facilities must be kept in good repair, clean and free of pests. 58 Nappy change areas Each nappy change area at a child care centre must be adequately cleaned after each use. 59 Access to kitchen Children must not be allowed access to the kitchen at a child care centre without adult supervision. 60 Dangerous places and items must be inaccessible to children Children must not have access to any dangerous part of a child care centre or dangerous item kept at the centre, including any of the following— Page 32 Current as at 20 July 2012

Child Care Regulation 2003 Part 2 Centre based services [s 61] (a) poisons, disinfectants and corrosive substances; (b) plastic cling film and plastic bags; (c) dangerous electrical equipment; (d) hot water pipes. 61 Animals (1) An animal must not be kept at a child care centre other than for educational purposes. (2) An animal must not be kept at a child care centre if it is likely to adversely affect the health, safety or wellbeing of anyone at the centre. 62 Smoking A person may not smoke in the presence of a child if— (a) child care is being provided to the child in the course of a centre based service; and (b) the person and the child are at a child care centre or in a private vehicle. 63 Food and nutrition (1) Food and drink must be offered to each child in care frequently, at appropriate intervals. (2) If the food offered to children is supplied as part of a child care service— (a) the food must be adequate and nutritious; and (b) there must be a variety of food; and (c) the types of food must be chosen having regard to the child’s age, health, dietary needs, culture and religion; and (d) a menu of the food must be displayed where it can be seen by parents and guardians. Current as at 20 July 2012 Page 33

Child Care Regulation 2003 Part 3 Home based services [s 64] Division 8 Miscellaneous 64 Exemptions—Act, s 188 A child care centre mentioned in schedule 2 is exempt from compliance with each Building Act requirement stated opposite. Part 3 Home based services Division 1 Activities and experiences 65 Licensee must ensure compliance—Act, s 98 The licensee of a home based service must ensure this division is complied with in relation to the activities and experiences included in the child care provided under the licence. 66 Specific requirements of activities and experiences The activities and experiences must— (a) include a balance of activities and learning experiences, including— (i) indoor and outdoor activities; and (ii) individual and group activities; and (b) allow, in appropriate circumstances, for supervised periods for the children to rest or sleep; and (c) include opportunities for the children to make choices; and (d) be flexible and responsive to changes in the children’s abilities, interests and skills; and Page 34 Current as at 20 July 2012

Child Care Regulation 2003 Part 3 Home based services [s 67] (e) nurture each child’s self-esteem, self-reliance and competence; and (f) be inclusive of children of all abilities; and (g) ensure each child’s social and cultural background is respected and valued; and (h) reflect an understanding of Australia’s Aboriginal and Torres Strait Islander heritage and its multicultural heritage. 67 Information about activities and experiences (1) A written document must be kept up-to-date that includes— (a) a general description of the activities and experiences; and (b) the service’s philosophy in relation to learning and child development outcomes and how it is intended the outcomes will be achieved; and (c) the goals relating to the knowledge and skills to be developed through the activities and experiences. (2) The document must be available for inspection, on request, by the parents or guardians of each child in care. Division 2 Carers coming together 68 Application of div 2 This division applies, for section 96(2) of the Act, to a period of care provided at a home or other place by 2 or more carers in a licensed home based service. 69 Travelling time For this division, in deciding the length of a period of care, any travelling time is to be disregarded. Current as at 20 July 2012 Page 35

Child Care Regulation 2003 Part 3 Home based services [s 70] Note — Section 96(4) of the Act defines travelling time as time during which the children in care are transported to or from a home or other place for the purpose of a period of care under that section. 70 Combined care with 2 carers Care may be provided at a place for a period of up to 3 hours in a day if— (a) there are 2 carers, and only 2 carers, providing the care at the place throughout the period; and (b) each of the children being provided with child care by the carers during the period is ordinarily provided with child care by 1 or both of the carers, in the course of a licensed home based service, at other times. 71 Combined care with at least 3 carers (1) Care may be provided at a place for a period of up to 3 hours in a day if— (a) there are at least 3 carers at the place throughout the period; and (b) there are not more than 16 children at the place being provided with care by the carers. (2) Care may be provided at a place for a period of up to 3 hours in a day if— (a) there is a qualified coordinator and at least 3 carers at the place throughout the period; and (b) the children are provided during the period with activities and experiences that have been planned by a qualified coordinator. (3) Care may be provided at a place for a period of up to 3 hours in a day if— (a) there are at least 3 carers at the place throughout the period; and Page 36 Current as at 20 July 2012

Child Care Regulation 2003 Part 3 Home based services [s 72] (b) the care is provided in the course of an activity conducted by an approved mobile service or approved remote areas service. (4) In this section— approved mobile service means— (a) the Goondiwindi Mobile Children’s Service operated by the Goondiwindi District Family Day Care Service; or (b) the St. George Mobile Children’s Service operated by the Churches of Christ. approved remote areas service means a service conducted by the Uniting Church in Australia to provide playgroups and similar activities to families living in isolated communities. 72 Combined care while meeting excursion requirements Care may be provided at a place for a period of any length during a day if, except while the children are being transported in a private vehicle, the number of adults caring for the children throughout the period complies with section 95(2). Note — For the requirements applying while the children are being transported in a private vehicle, see section 96. 73 Limits on frequency of combined care (1) A period of care may not be provided to a child under section 71(1) more than 3 times in a week. (2) However, subsection (1) does not apply to a period of care to which section 71(1) applies if section 71(2) or (3) also applies to the period of care. (3) A period of care may not be provided to a child under section 71 more than 6 times in a week. Current as at 20 July 2012 Page 37

Child Care Regulation 2003 Part 3 Home based services [s 74] (4) A period of care of more than 3 hours during a day may not be provided to a child under section 72 more than once in a week. 74 Licensee to be informed about place where combined care is regularly provided (1) This section applies if a carer regularly participates in providing periods of care under this division at a particular place. (2) The carer must, before providing each period of care at the place, ensure the licensee is aware that the carer proposes to provide the care at the place. Division 3 Arrival and departure of children 75 Definitions for div 3 In this division— adult , in relation to a person accompanying a child arriving at or leaving a carer’s home, includes the child’s parent who is not yet an adult. arrive , at a carer’s home, means arrive at the home to start receiving child care in the course of a licensed home based service. carer’s home means a home at which child care is provided to a child in the course of a licensed home based service. leave , a carer’s home, means leave the home and stop receiving child care in the course of a licensed home based service. 76 Arriving at, or leaving, a carer’s home (1) The licensee of a home based service must take reasonable steps to ensure a child in care who is not a school child does not arrive at a carer’s home other than— Page 38 Current as at 20 July 2012

Child Care Regulation 2003 Part 3 Home based services [s 77] (a) with an adult; or (b) if a parent or guardian of the child has advised the carer that the child will be arriving accompanied only by a school child—with the school child. Maximum penalty—10 penalty units. (2) The licensee of a home based service must ensure— (a) a child in care does not leave a carer’s home other than with, or with the permission of, a parent or guardian of the child; and (b) a child in care who is not a school child does not leave a carer’s home other than with an adult; and (c) when a child in care arrives at a carer’s home, the child is received by the carer. Maximum penalty—10 penalty units. 77 Arriving at, or leaving, another place (1) This section applies to the provision of child care, in the course of a licensed home based service, at a place other than a carer’s home. (2) Section 76 applies to a child arriving at or leaving the place as if a reference in the section to a carer’s home were a reference to the other place. Division 4 Buildings and facilities 78 Licensee must ensure compliance The licensee of a home based service must ensure the homes and facilities used to provide child care under the licence comply with this division. Maximum penalty—5 penalty units. Current as at 20 July 2012 Page 39

Child Care Regulation 2003 Part 3 Home based services [s 79] 79 Bedding and bed linen A home must have enough appropriate beds and bed linen to meet the needs of the children in care. 80 Telephone (1) A home must have a telephone on which intrastate calls may be sent and received. (2) At all times child care is being provided at the home or by a carer who lives at the home, the telephone must be available for sending and receiving calls. Example — The telephone must not be disconnected in order to use the line for internet access. 81 Outdoor play areas A home must have, or have reasonable access to, an outdoor play area that is safe, has enough shade and is adequately fenced. Example of a reasonably accessible outdoor play area — a nearby park 82 Other facilities A home must have other facilities that are adequate and appropriate, having regard to the number of children ordinarily cared for at the home and the ages of the children. 83 Harmful plants A home must not have any plants accessible to children that are poisonous or otherwise pose an unacceptable danger to the children. Page 40 Current as at 20 July 2012

Division 5 Child Care Regulation 2003 Part 3 Home based services [s 84] Other health and safety matters 84 Licensee must ensure compliance The licensee of a home based service must ensure this division is complied with in relation to— (a) the homes and facilities used to provide child care under the licence; and (b) the conduct of the service. Maximum penalty—5 penalty units. 85 Health and hygiene practices A carer must observe good health and hygiene practices while providing care in the course of the service. 86 Cleaning and maintenance generally A home and its facilities must be kept in good repair, clean and free of pests. 87 Fire evacuation plan A carer must have a written evacuation plan for the home in the case of a fire or other emergency. 88 Dangerous places and items must be inaccessible to children (1) Children must not have access to any dangerous part of a home or dangerous item kept at a home, including any of the following— (a) poisons, disinfectants and corrosive substances; (b) plastic cling film and plastic bags; (c) dangerous electrical equipment; (d) hot water pipes. Current as at 20 July 2012 Page 41

Child Care Regulation 2003 Part 3 Home based services [s 89] (2) Any staircase at a home must be inaccessible to children to whom the staircase poses a safety hazard. 89 Animals An animal must not be kept at a home if it is likely to adversely affect the health, safety or wellbeing of any of the children in care. 90 Smoking A person may not smoke in the presence of a child if— (a) child care is being provided to the child in the course of a home based service; and (b) the person and the child are at a home or in a private vehicle. 91 Food and nutrition (1) A carer must ensure food and drink is offered to each child in care frequently, at appropriate intervals. (2) If the food offered to children is supplied as part of a child care service— (a) the food must be adequate and nutritious; and (b) there must be a variety of food; and (c) the types of food must be chosen having regard to the child’s age, health, dietary needs, culture and religion. Page 42 Current as at 20 July 2012

Part 4 Child Care Regulation 2003 Part 4 Other requirements applying to all services [s 92] Other requirements applying to all services Division 1 Supervision during certain activities 92 Meaning of adult for div 1 In this division— adult includes a 17 year old staff member of a centre based service who is a qualified assistant. 93 Swimming (1) This section applies while the children in care of a licensed service are swimming, whether at a child care centre, at a home or on an excursion. (2) The licensee must ensure at least the following number of adults are caring for the children— (a) for children who are less than 3 years—1 adult for each child; (b) for children who are at least 3 years but not yet of school age—1 adult for each 2 children; (c) for children who are of at least school age—1 adult for each 5 children. Maximum penalty—10 penalty units. (3) In this section— swimming includes any activity where children are likely to enter water in which swimming could be undertaken. Examples — 1 Children who have been swimming in a pool are taken to be still swimming if they continue to play around the pool. Current as at 20 July 2012 Page 43

Child Care Regulation 2003 Part 4 Other requirements applying to all services [s 94] 2 Children are taken to be swimming while they are playing in and out of the water at a beach. 3 Children are not taken to be swimming merely because they are visiting a park in which there is a pond. 94 Information for parents and guardians about care provided away from principal place of care (1) This section applies to the following activities undertaken in the course of a licensed service— (a) taking a child in care on an excursion; (b) transporting a child in care to or from the principal place of care; (c) escorting a child in care to or from a child care centre. (2) The licensee must ensure that, before the activity is undertaken, a parent or guardian of the child is properly informed about the proposed arrangements, including— (a) the day of the activity; and (b) the estimated times of departure and return; and (c) for an excursion—the address and a brief description of the destination; and (d) the method of transportation; and (e) the number of accompanying adults; and (f) the estimated travelling time for the activity; and (g) the details of activities to be undertaken at the destination. (3) Also, the licensee must, before the activity is undertaken, obtain written permission for the activity from a parent or guardian of the child. (4) The information given under subsection (2), or the written permission obtained under subsection (3), may relate to more than 1 activity. Page 44 Current as at 20 July 2012

Child Care Regulation 2003 Part 4 Other requirements applying to all services [s 95] (5) If there is a material change in any of the information given to a parent or guardian about an activity, the licensee must ensure the parent or guardian is notified of the change. Example for subsections (4) and (5) — The XYZ Family Day Care Scheme is a licensed home based service. A carer in the service conducts a regular excursion from the carer’s home. The licensee of the service has ensured that the carer has given information to parents and guardians about the excursion. The information states that, every Wednesday, the children in care leave the home at 3.00p.m., walk to the XYZ school accompanied by the carer and 1 other adult, and return to the home at 3.30p.m. One week, it is proposed to leave the home at 4.30p.m. The licensee must ensure that, before the excursion happens that week, a parent or guardian of each child going on the excursion is informed of the change. 95 Excursions and escorting to or from child care centre (1) This section applies to the following activities carried out in the course of a centre based service— (a) taking a child or children in care on an excursion from a child care centre; (b) escorting a child or children in care to or from a child care centre. Example for paragraph (b) — walking to or from school with a child (2) The licensee of the service must ensure that, while the activity is being carried out, at least the following number of adults are caring for the child or children— (a) for 1 child—1 adult; (b) for children less than 3 years—1 adult for each 2 children; (c) for children at least 3 years but not yet of school age—1 adult for each 4 children; (d) for children of at least school age—1 adult for each 8 children. Maximum penalty—10 penalty units. Current as at 20 July 2012 Page 45

Child Care Regulation 2003 Part 4 Other requirements applying to all services [s 95A] (3) Subsection (2) does not apply while children are being transported in a private vehicle. 95A Excursions to adjoining schools (1) Despite section 95, this section applies to an excursion to and from a child care centre and school if— (a) the centre is located on, or adjoining, the school; and (b) the excursion route passes a safe distance from an unrestricted hazard having regard to the minimum supervision requirements in subsection (2); and Examples of hazards — carpark, construction site, pond, pool or road (c) the licensee has informed the parents or guardians of the excursion route and any hazards near the excursion route. Note — The requirement in paragraph (b) is in addition to the requirements in section 94. (2) The licensee of the service must ensure, while the excursion is being carried out, the children are cared for in groups, each of which— (a) is not more than the maximum size stated in schedule 1; and (b) complies with any other limit for the group stated in schedule 1. Maximum penalty—10 penalty units. (3) This section does not apply to the transportation of children in a private vehicle. (4) In this section— school means any part of the premises of— (a) a State educational institution under the Education (General Provisions) Act 2006 ; or Page 46 Current as at 20 July 2012

Child Care Regulation 2003 Part 4 Other requirements applying to all services [s 96] (b) a non-State school under the Education (Accreditation of Non-State Schools) Act 2001 . unrestricted , in relation to a hazard, means there is no barrier preventing access to the hazard. 96 Transportation in a private vehicle (1) The licensee of a child care service must ensure this section is complied with in relation to the transportation of children, in a private vehicle, in the course of the service. Maximum penalty— (a) for a contravention relating to subsection (2) or (3)—10 penalty units; or (b) for a contravention relating to subsection (5) or (6)—5 penalty units. (2) If every child in the vehicle is at least 3 years, there must be at least the following number of adults in the vehicle, caring for the children, during the transportation— (a) if there are 12 or more children in the vehicle—2 adults; (b) if there are 11 or less children in the vehicle—1 adult. (3) If there is a child in the vehicle who is less than 3 years, there must be at least the following number of adults in the vehicle, caring for the children, during the transportation— (a) if there are 12 or more children in the vehicle— (i) for children who are less than 3 years—1 adult for each 2 children; (ii) for children who are at least 3 years but not yet of school age—1 adult for each 4 children; (iii) for children who are of at least school age—1 adult for each 8 children; (b) if there are 11 or less children in the vehicle— (i) if there are 5 or more children who are less than 3 years—2 adults; or Current as at 20 July 2012 Page 47

Child Care Regulation 2003 Part 4 Other requirements applying to all services [s 96] (ii) otherwise—1 adult. (4) The adult, or 1 of the adults, required under subsection (2) or (3) may be the driver of the vehicle. (5) During the transportation— (a) at least 1 adult in the vehicle must— (i) carry, for each of the children in the vehicle, the name and phone number of a parent or guardian, or another person nominated by a parent or guardian, who may be contacted in an emergency involving the child; and (ii) carry a mobile phone; and (b) a sign, identifying the child care service and emergency contact details for the service, must be clearly displayed— (i) on the vehicle; or (ii) in the vehicle in a way that the sign is visible from outside the vehicle. (6) Before a child is transported in the vehicle, a parent or guardian of the child must be notified about the restraints fitted in the vehicle. (7) To remove any doubt, it is declared that the transportation of children in a vehicle is taken to continue until they reach their destination, even if the vehicle temporarily stops before reaching the destination. Example — Under a licence for a centre based service, a staff member is transporting children to the child care centre in a private vehicle. On the way, the staff member stops at a home to pick up another child. Subsection (2) or (3) continues to apply while the vehicle is stopped at the home. Page 48 Current as at 20 July 2012

Division 2 Child Care Regulation 2003 Part 4 Other requirements applying to all services [s 97] Illness or injury 97 Authority to give medical attention (1) The licensee of a child care service must ensure child care is not provided to a child in the course of the service unless a parent or guardian of the child has given the licensee a medical authorisation for the child. (2) In this section— medical authorisation , for a child, means written authorisation for a carer in, or staff member of, a child care service to provide appropriate medical attention for the child in an emergency. 98 Medical attention The licensee of a child care service must ensure that, if a child in care is injured or becomes ill, all reasonable steps are taken to provide appropriate medical attention for the child. 99 Notice to parent or guardian The licensee of a child care service must ensure that, as soon as practicable after a child in care is injured or becomes ill, a parent or guardian of a child is notified of the illness or injury and of any medical attention provided. Division 3 Records 100 Record keeping requirements—Act, s 85 For section 85 of the Act, the licensee of a child care service must keep the records required under this division. Current as at 20 July 2012 Page 49

Child Care Regulation 2003 Part 4 Other requirements applying to all services [s 101] 101 Information about children in care The licensee of a child care service must keep a record of all of the following information about each child in care— (a) the child’s name, address, sex and date of birth; (b) the name, address and contact telephone number of— (i) a parent or guardian of the child; and (ii) any other person who may be contacted in an emergency involving the child; and (iii) any other person authorised to collect the child from the child care centre or home where child care is provided to the child; (c) the day and time of each occasion that child care is provided to the child in the course of the service; (d) particulars of the child’s health relevant to the provision of child care to the child; Examples — 1 allergies suffered by the child 2 diseases against which the child has been immunised (e) any special requirements of the child of which the licensee is aware; Examples — 1 requirements arising from the culture or religion of the child’s family 2 requirements arising from a disability of the child (f) the child’s primary language or, if the child has not learned to speak, the primary language of the child’s family; (g) details of any parenting order or parenting plan under the Family Law Act 1975 (Cwlth), of which the licensee is aware, relating to the child; (h) the name, address and telephone number of the child’s doctor or hospital; Page 50 Current as at 20 July 2012

Child Care Regulation 2003 Part 4 Other requirements applying to all services [s 102] (i) any authorisation or instructions received from the child’s parents or guardians about giving medication to the child; (j) if any medication is given to the child while the child is in the licensee’s care— (i) the name of the medication; and (ii) how much medication is given; and (iii) the day and time the medication is given; and (iv) the name of the person giving the medication; (k) any permission given by a parent or guardian of the child about— (i) providing medical care to the child, including medical care provided in an emergency; or (ii) taking the child away from the relevant child care centre or home; or (iii) another matter; (l) if the child suffers an illness or injury while the child is in the licensee’s care— (i) particulars of any incident or circumstances relating to the suffering of the illness or injury; and (ii) particulars of any treatment given to the child; (m) if the child dies while the child is in the licensee’s care—the circumstances of the death. 102 Other information—centre based service The licensee of a centre based service must keep a record of the following information— (a) the name, address and telephone number of each staff member; (b) the attendance of staff members; (c) rest pauses taken by staff members; Current as at 20 July 2012 Page 51

Child Care Regulation 2003 Part 4 Other requirements applying to all services [s 102] Page 52 (d) for each excursion in the course of the service— (i) the date and time of the excursion; and (ii) the names of the children in care, staff members and other persons who went on the excursion; and (iii) the method of transportation used; and (iv) the address of the destination for the excursion; and (v) the approximate travelling time for the excursion; and (vi) the activities undertaken at the destination; (e) for each escort of a child in care in the course of the service— (i) the date and time of the escort; and (ii) the names of the carers, children in care and other persons involved in the escort; and (iii) the method of transportation used for the escort; and (iv) the address of the destination for the escort; (f) for each occasion on which emergency care is provided to a child in care in circumstances to which section 33 of the Act applies— (i) the child’s name; and (ii) the period for which the emergency care is provided; and (iii) a brief description of the emergency or other circumstances giving rise to the need for the care; (g) if a child is assigned to a group under section 23— (i) the child’s name, age and imputed age; and (ii) the period during which the child is dealt with as if the child’s age were the imputed age; and (iii) the group to which the child is assigned; and Current as at 20 July 2012

Child Care Regulation 2003 Part 4 Other requirements applying to all services [s 103] (iv) the reason for dealing with the child as if the child’s age were the imputed age. 103 Other information—home based service The licensee of a home based service must keep a record of the following information— (a) for each child in care—each home in which the child care is provided; (b) for each carer in the service— (i) the carer’s name, home address and home telephone number; and (ii) the carer’s address for correspondence, if different to the carer’s home address; and (iii) the name, address and age of each occupant of the carer’s home; Note — The occupant’s address may not be the same as that of the carer’s home. The definition occupant in schedule 2 of the Act includes a person who lives elsewhere but is ordinarily present in the home when the child care is provided. (c) for each excursion in the course of the service— (i) the date and time of the excursion; and (ii) the names of the carers, children in care and other persons who went on the excursion; and (iii) the method of transportation used; (d) for each escort of a child in care in the course of the service— (i) the date and time of the escort; and (ii) the names of the carers, children in care and other persons involved in the escort; and (iii) the method of transportation used for the escort; Current as at 20 July 2012 Page 53

Child Care Regulation 2003 Part 4 Other requirements applying to all services [s 104] (e) for each occasion on which emergency care is provided to a child in care in circumstances to which section 94 of the Act applies— (i) the child’s name; and (ii) the period for which the emergency care was provided; and (iii) a brief description of the emergency or other circumstances giving rise to the need for the care; (f) the name, address and telephone number of each staff member. 104 Times for which records must be kept For section 85 of the Act, each of the following records kept by a licensee under this division must be kept for at least the time stated for the record— (a) a record relating to a child in care— (i) about an illness or injury suffered while in the licensee’s care—until the child turns 21; or (ii) about the child’s death while in the licensee’s care—6 years after the death; or (iii) otherwise—3 years after the last time child care is provided to the child under the licence; (b) a record relating to a carer in a home based service—3 years after the last time the carer provides child care under the licence; (c) a record relating to a staff member—3 years after the staff member stops being a staff member; (d) another record—3 years after the record is made. Page 54 Current as at 20 July 2012

Child Care Regulation 2003 Part 4 Other requirements applying to all services [s 105] 105 Records for a centre based service must be kept at the centre (1) This section applies to the records kept under this division for a centre based service. (2) The licensee must keep the records at the child care centre. (3) Subsection (2) does not apply to a record while it is required to be elsewhere for good reason. Example for subsection (3) — A record may need to be sent to a Commonwealth office temporarily for the purpose of calculating the amount of a child care benefit. Note — Under section 137 of the Act, an authorised officer may require a record to be produced for inspection at a reasonable time and place nominated by the officer. 106 Personal information about child in care—Act, s 87 For section 87(4) of the Act, definition personal information , the following information relating to a child in care is personal information— (a) information about a parenting order or parenting plan under the Family Law Act 1975 (Cwlth) relating to the child; (b) information about giving medication to the child. Note — The definition personal information in section 87(4) of the Act also includes information about the child’s health or special needs Division 4 Information for parents and guardians 106A Giving information to parents and guardians (1) The licensee of a child care service must ensure that, when a child first receives child care at a child care centre, a parent or Current as at 20 July 2012 Page 55

Child Care Regulation 2003 Part 4 Other requirements applying to all services [s 106A] guardian of the child is given written information about the following— (a) that the child care service— (i) is licensed under the Act; and (ii) must comply with the Act and this regulation, including, for example, with requirements about activities, experiences and programs, numbers of staff members and children and staff members’ qualifications; (b) the telephone number for the department’s information service about child care; (c) the ages of the children in the group in which the child will receive care; (d) the name, position and qualifications of each of the child’s carers; (e) the content and operation of the program in which the child will be involved; (f) that notices stating current information about groups and staffing at the centre are displayed at the centre; (g) that the parent or guardian can ask for information about the following— (i) a general description of the activities and experiences given by the service; (ii) the service’s philosophy about learning and child development outcomes and how it is intended the outcomes will be achieved; (iii) the goals about knowledge and skills to be developed through the activities and experiences. (2) Written information given under this section must appear, in prominent and legible characters, in print no smaller than 12 point. Page 56 Current as at 20 July 2012

Part 5 Qualifications Child Care Regulation 2003 Part 5 Qualifications [s 107] Division 1 Preliminary 107 Description of qualifications (1) This division refers to certain qualifications by their names under the AQF. (2) A reference in this division to a qualification in terms of a stated number of years is a reference to a qualification ordinarily completed in the stated number of years of full-time study. Example for subsection (2) — A reference to a ‘3 year qualification’ is a reference to a qualification ordinarily completed in 3 years of full-time study. 108 List of qualifications (1) The chief executive must keep a list of qualifications that the chief executive is satisfied are qualifications mentioned in division 3. Example — The chief executive may include on the list a qualification that the chief executive is satisfied is a 3 year qualification in early childhood studies. (2) A qualification is a qualification prescribed for a purpose under division 3 if it is included on the list for that purpose. (3) To remove any doubt, it is declared a qualification not included on the list may also meet the description of a qualification under division 3. (4) The list must also include any qualification approved for a purpose under section 109. (5) The chief executive must make the list available for inspection, free of charge, during office hours on business days at the department’s head office and other places the chief executive considers appropriate. Current as at 20 July 2012 Page 57

Child Care Regulation 2003 Part 5 Qualifications [s 109] Division 2 Approval of qualifications 109 Approval of equivalent qualifications (1) The chief executive may approve a qualification for a purpose mentioned in division 3 if the chief executive is satisfied it is equivalent to a qualification prescribed for the purpose under division 3. Example — The chief executive is satisfied a particular qualification from a foreign university is equivalent to a qualification mentioned in section 112(a). The chief executive may approve the qualification as being a qualification prescribed for an assistant. (2) A qualification approved for a purpose under subsection (1) is prescribed for the purpose. 110 Approval of particular qualifications held by a person (1) The chief executive may approve a qualification held by a person for a purpose mentioned in division 3 if the chief executive is satisfied the studies completed by the person to obtain the qualification are equivalent to the studies ordinarily completed to obtain a qualification prescribed for the purpose under division 3. Example — A person has a bachelor degree that does not meet the description of a qualification under section 114. However, the studies the person completed to obtain the degree included several subjects that were mainly concerned with early childhood studies. The chief executive is satisfied the studies completed by the person to obtain the degree are equivalent to the studies ordinarily completed to obtain a bachelor degree in early childhood studies. The chief executive approves the person’s degree for the purpose mentioned in section 114. (2) In making a decision under subsection (1), the chief executive must have regard to the level of the person’s studies for the qualification and the areas with which the studies were concerned. Page 58 Current as at 20 July 2012

Child Care Regulation 2003 Part 5 Qualifications [s 111] (3) If a person’s qualification is approved for a purpose under subsection (1), the person is taken to have a qualification prescribed for the purpose. (4) The approval of a qualification under this section operates only for the person for whom the approval was made. 111 Application for approval (1) A person may apply to the chief executive for an approval mentioned in section 109 or 110. (2) The application must be in the approved form and accompanied by the fee stated in schedule 3. (3) The applicant also must provide any other relevant information and documents reasonably required by the chief executive to decide the application. (4) The chief executive must decide the application within 90 days after receiving the application, fee and any other required information and documents. (5) The applicant and the chief executive may agree to an extension of the time for deciding the application. (6) If the chief executive fails to decide the application within the time stated in subsection (4), or any later time agreed under subsection (5), the chief executive is taken to have refused the application. (7) A decision by the chief executive to refuse the application is a reviewable decision for section 163 of the Act. Division 3 Prescribed qualifications 112 Qualifications for assistant—Act, sch 2, definition qualified assistant A person has a qualification prescribed for an assistant if the person has— Current as at 20 July 2012 Page 59

Child Care Regulation 2003 Part 5 Qualifications [s 113] (a) a certificate III or IV in an area of study applying to child care workers under the AQF; or (b) a 1 year qualification in early childhood studies or child care studies; or (c) a qualification mentioned in section 113(a) or (b) or 114; or (d) if the person is a school age carer— (i) a certificate III or IV in community services under the AQF; or (ii) a 1 year qualification in an area of study mentioned in section 120; or (iii) a qualification mentioned in section 113(d). 113 Qualifications for group leader—Act, sch 2, definition qualified group leader A person has a qualification prescribed for a group leader if the person has— (a) a diploma in an area of study applying to child care workers under the AQF; or (b) a 2 year qualification in early childhood studies or child care studies; or (c) a qualification mentioned in section 114; or (d) if the person is a school age carer— (i) a diploma in community services under the AQF; or (ii) a 2 year qualification in an area of study mentioned in section 120. 114 Qualifications for director—Act, sch 2, definition qualified director A person has a qualification prescribed for a director if the person has— Page 60 Current as at 20 July 2012

Child Care Regulation 2003 Part 5 Qualifications [s 115] (a) an advanced diploma in an area of study applying to child care workers under the AQF; or (b) a qualification that is at least a 3 year qualification in early childhood studies or child care studies; or (c) a postgraduate qualification that is at least a 1 year qualification in early childhood studies or child care studies. 115 Qualifications for coordinator—Act, sch 2, definition qualified coordinator A person has a qualification prescribed for a coordinator if the person has— (a) a diploma in an area of study applying to child care workers under the AQF; or (b) a 2 year qualification in early childhood studies or child care studies; or (c) a qualification mentioned in section 114; or (d) a diploma in community services under the AQF; or (e) a 2 year qualification in an area of study mentioned in section 120. 116 Early childhood qualification for a coordinator—Act, s 67 Each of the qualifications mentioned in section 115(a) to (c) is an early childhood qualification for section 67 of the Act. Division 4 Unqualified persons fulfilling requirements for qualified person 117 Operation of div—Act, s 70 This division prescribes matters for section 70 of the Act. Current as at 20 July 2012 Page 61

Child Care Regulation 2003 Part 5 Qualifications [s 118] 118 Person engaged in a position (1) A reference to a person with a qualification prescribed for an assistant includes an adult who is engaged in a position in a centre based service as an assistant and has not been engaged in the position for more than 3 months. (2) A reference to a person with a qualification prescribed for a group leader includes an adult— (a) who is engaged in a position in a centre based service, other than a school age care service, as a group leader and has not been engaged in the position for more than 3 months; and (b) who is (apart from this section) a qualified assistant. (3) A reference to a person with a qualification prescribed for a group leader includes an adult who is engaged in a coordinating position at a school age care service and has not been engaged in the position for more than 6 months. (4) For subsection (3), a position at a school age care service is a coordinating position if the responsibilities of the position include being present at the child care centre for some or all of the times required under section 32. (5) A reference to a person with a qualification prescribed for a director includes an adult— (a) who is engaged in a position in a centre based service as a director and has not been engaged in the position for more than 3 months; and (b) who is (apart from this section) a qualified group leader. 119 Person enrolled in a course of study (1) A reference to a person with a qualification includes an adult person who is enrolled in a course leading to the qualification if— (a) the course has started and the person is undertaking the course; and Page 62 Current as at 20 July 2012

Child Care Regulation 2003 Part 5 Qualifications [s 119] (b) the due day for completing the course has not passed; and (c) the person is (apart from this section)— (i) for a course leading to a qualification for a group leader—a qualified assistant or an eligible primary teacher; or (ii) for a course leading to a qualification for a director—a qualified group leader. (2) Subsection (1)(c)(i) does not apply to a person engaged in a position at a school age care service. (3) A reference to a person with a qualification prescribed for an assistant includes a 17 year old person who is enrolled in a course leading to the qualification if the course has started and the person is undertaking the course. (4) In this section— due day , for a person to complete a course, means— (a) if the prescribed finishing period for the course ends on a day between 1 January and 30 June in a particular year—30 June in that year; or (b) if the prescribed finishing period for the course ends on a day between 1 July and 31 December in a particular year—31 December in that year. eligible primary teacher means a person who— (a) has full registration as a teacher under the Education (Queensland College of Teachers) Act 2005 ; and (b) holds a qualification that enables the person to teach in a school that provides primary education. prescribed finishing period , for a course, means the period that is twice as long as the period in which the course would ordinarily be completed by a person undertaking the course by full-time study. Current as at 20 July 2012 Page 63

Child Care Regulation 2003 Part 5 Qualifications [s 120] Division 5 Miscellaneous 120 Relevant areas of study The areas of study for sections 112(d)(ii), 113(d)(ii) and 115(e) are the following— (a) nursing, physiotherapy, occupational therapy, diversional therapy or speech pathology; (b) primary, secondary or special education; (c) human welfare studies and services; (d) behavioural science; (e) sport and recreation; (f) creative arts, fine arts, drama or music. 121 First aid training—Act, s 59 (1) For section 59(a) of the Act, a person has the prescribed first aid training if the person has a qualification for both of the following— (a) senior first aid; (b) cardiopulmonary resuscitation. (2) For section 59(b) of the Act, the prescribed time is— (a) for a qualification for senior first aid—3 years; or (b) for a qualification for cardiopulmonary resuscitation—1 year. (3) In this section— qualification see the Vocational Education, Training and Employment Act 2000 , schedule 3. Page 64 Current as at 20 July 2012

Child Care Regulation 2003 Part 6 Miscellaneous [s 122] 122 Certification of certain evidentiary documents—Act, ss 72 and 73 A copy mentioned in section 72(3)(b) or 73(3)(b) of the Act must be certified to be a true copy by a justice, commissioner for declarations, notary public or lawyer. Part 6 Miscellaneous 123 Notice of revocation or suspension of licence—Act, s 49 (1) This section applies to a notice given or displayed by a licensee under section 49 of the Act. (2) The notice must state— (a) whether the licence has been revoked or suspended; and (b) the day on which the revocation or suspension took effect or takes effect; and (c) if the licence has been suspended for a stated period—the day the suspension is due to expire. (3) If the notice is given to a parent or guardian or displayed at a child care centre, the notice must be headed ‘IMPORTANT NOTICE TO PARENTS AND GUARDIANS’. (4) If the notice is displayed at a child care centre, the content of the notice must appear, in prominent and legible characters, in print no smaller than 36 point. 124 Insurance—Act, ss 82 and 102 The insurance cover required under section 82 or 102 of the Act is a policy of public liability insurance for at least $10 million. Current as at 20 July 2012 Page 65

Child Care Regulation 2003 Part 6 Miscellaneous [s 125] 125 Certification of copies of suitability notices—Act, ss 74 and 97 A copy of a suitability notice kept under section 74(2)(b) or 97(4) of the Act must be certified to be a true copy by a justice, commissioner for declarations, notary public or lawyer. 126 Prescribed entity for disclosing confidential information—Act, s 169 The National Childcare Accreditation Council Inc. is prescribed for section 169(1)(b) of the Act. 126A Policies—Act, s 76 (1) Monitoring the progress of staff of a child care service through a relevant course of study is a matter prescribed for section 76(2)(e) of the Act. (2) In this section— relevant course of study , means a course of study leading to a qualification for an assistant, group leader, director or coordinator. 126AA Prescribed entity—Act, s 170A For section 170A of the Act, definition central governing body , the following entities are prescribed— (a) the Association of Independent Schools of Queensland Inc; (b) the Corporation of the Roman Catholic Bishops of Queensland; (c) the Creche and Kindergarten Association of Queensland; (d) Queensland Lutheran Early Childhood Services; (e) the Gowrie (Qld) Inc. Page 66 Current as at 20 July 2012

Child Care Regulation 2003 Part 6 Miscellaneous [s 127] 127 Fees The fees payable under the Act are stated in schedule 3. 127A Waiver of fee for renewal of licence (1) A licensee for a child care service may apply in writing to the chief executive for a waiver of payment of a fee for renewal of a licence. (2) The chief executive may waive, wholly or partly, payment of the fee by the licensee if satisfied— (a) the child care service has been or is conducted within a prescribed declared area of a disaster situation; and (b) the disaster situation was declared on a day not earlier than 180 days before the expiry day and not later than the expiry day; and (c) the licensee has suffered hardship. Examples for paragraph (c) — 1 A child care service has sustained significant physical or structural damage to premises. 2 A child care service experienced loss of electrical power that impacted on the provision of child care. 127B Refund of fee for renewal of licence (1) A licensee for a child care service may apply in writing to the chief executive for a refund of a fee paid for renewal of a licence. (2) An application under this section may not be made more than 270 days after the expiry day. (3) The chief executive may refund, wholly or partly, a fee paid by the licensee if satisfied— (a) the child care service has been or is conducted within a prescribed declared area of a disaster situation; and Current as at 20 July 2012 Page 67

Child Care Regulation 2003 Part 6 Miscellaneous [s 127C] (b) the disaster situation was declared on a day not earlier than 180 days before the expiry day and not later than 180 days after the expiry day; and (c) the licensee has suffered hardship. Examples for paragraph (c) — 1 A child care service has sustained significant physical or structural damage to premises. 2 A child care service experienced loss of electrical power that impacted on the provision of child care. 127C Waiver of fee for replacement of licence (1) A licensee for a child care service may apply in writing to the chief executive for a waiver of payment of a fee for replacement of a licence. (2) The chief executive may waive, wholly or partly, payment of the fee by the licensee if satisfied— (a) the child care service has been or is conducted within a prescribed declared area of a disaster situation; and (b) the disaster situation was declared on a day not earlier than 90 days before the day the licensee applied for a replacement licence; and (c) the licensee has suffered hardship. Examples for paragraph (c) — 1 A child care service has sustained significant physical or structural damage to premises. 2 A child care service experienced loss of electrical power that impacted on the provision of child care. 127D Refund of fee for replacement of licence (1) A licensee for a child care service may apply in writing to the chief executive for a refund of a fee paid for replacement of a licence. Page 68 Current as at 20 July 2012

Child Care Regulation 2003 Part 7 Transitional provisions [s 128] (2) An application under this section may not be made more than 180 days after the day the fee is paid. (3) The chief executive may refund, wholly or partly, a fee paid by the licensee if satisfied— (a) the child care service has been or is conducted within a prescribed declared area of a disaster situation; and (b) the disaster situation was declared on a day not earlier than 90 days before the day the licensee applied for a replacement licence; and (c) the licensee has suffered hardship. Examples for paragraph (c) — 1 A child care service has sustained significant physical or structural damage to premises. 2 A child care service experienced loss of electrical power that impacted on the provision of child care. Part 7 Transitional provisions Division 1 Transitional provision for Child Care Regulation 2003 128 Transitional—qualified staff member for s 32 (1) This section applies for a period of 5 years starting on the commencement day. (2) A reference in section 32(2) to a person who has a qualification for a group leader prescribed under this regulation includes a person who does not have the qualification but who, immediately before the commencement day, was engaged as a school age carer. (3) In this section— commencement day means the day section 32 commences. Current as at 20 July 2012 Page 69

Child Care Regulation 2003 Part 7 Transitional provisions [s 129] Division 2 Transitional provision for Child Care Amendment Regulation (No. 1) 2005 129 First aid training (1) This section applies to a person who, immediately before the commencement day, had the prescribed first aid competency under section 59 of the Act. (2) Despite section 121, the person is taken to have the prescribed first aid competency from the commencement day for the time the person would have had the competency if the Child Care Amendment Regulation (No. 1) 2005 , section 16, had not commenced. (3) In this section— commencement day means the day this section commences. Page 70 Current as at 20 July 2012

Schedule 1 Child Care Regulation 2003 Schedule 1 Groups in child care centres Sections 22, 24, 25 and 95A Ages of children in group birth to 2 years birth to 3 years, including at least 1 child aged 3 years Qualified carer: child ratio 1:4 1:5 15 months to 3 years 2 to 3 years 2 1 / 2 to 3 years 3 years to 6 years 4 years to 6 years 4 to 12 years, including at least 1 child of more than 6 years ages for which no other entry applies 1:5 1:6 1:8 1 : 12 1 : 13 1 : 12 1:7 Maximum Other limits or group size exceptions 8 10 10 12 16 24 25 no maximum The group may not include more than 2 children aged birth to 1 year for each qualified carer. The group may not include more than 13 children aged 4 or 5 years. 21 1 The group may not include more than 4 children aged birth to 1 year. 2 The group may not include more than 2 children aged birth to 1 year for each qualified carer. 3 If the group is in a centre based service with a licensed capacity of more than 30, the group may not include more than 10 children aged birth to 2 years. Current as at 20 July 2012 Page 71

Child Care Regulation 2003 Schedule 1 Notes — 1 Sections 6 and 7 explain references to age. 2 If more than 1 entry in this schedule could apply to a group, it is enough if the group complies with 1 of the entries. Example — In a group of children, the youngest child is aged 2 years and 7 months and the eldest child is aged 3 years and 1 month. There are 8 children in the group and 1 qualified carer is caring for the group. The 2nd, 3rd, 4th and 5th entries all describe the group. It is enough that the group complies with the 5th entry. 3 The above age groupings have been included to establish minimum requirements for group sizes and staffing levels. Except where column 1 specifically describes a group as including a child of a stated age, it is not necessary for a group to include any children of the minimum age or maximum age mentioned in the above entries. For example, all the children in a group may be 1 year old. Page 72 Current as at 20 July 2012

Schedule 2 Exemptions Child Care Regulation 2003 Schedule 2 section 64 Notes — 1 The Building Act requirements mentioned in this schedule are requirements under the performance criteria in the Queensland Development Code, part 5.4. 2 It is a condition of an exemption applying to a child care centre under this schedule that the licensee must give written notice to the chief executive before building work is carried out at the centre. Child care centre ABC Developmental Learning Centre—Ashgrove 22 Trout Street Ashgrove Busy Bees Child Care Centre 87 Eumundi Road Noosaville Daisy Hill Playschool 16 Allamanda Drive Daisy Hill Eagleby Children’s Centre Fryars Road Eagleby Harbourtown Babyland 146 Bayview Street Runaway Bay Building Act requirement P3(c) P5(e) P3(c) P5(e) P3(c) P5(e) P9, to the extent it relates to the location of a built-in bath or shower P3(c) P5(e) P3(c) P5(e) Current as at 20 July 2012 Page 73

Child Care Regulation 2003 Schedule 2 Child care centre Building Act requirement Jimboomba Early Childhood Education and Care Centre 1 651 Cusack Lane Jimboomba P3(c) P5(e) Kiddie Care Child Care Centre 3 Anchor St Noosaville P3(c) P5(e) Kinder Cottage 38 Armstrong Way Highland Park P1(b) P3(d) P5(f) Kingston Early Learning Centre 3–7 Yalumba Street Kingston P9, to the extent it relates to the location of a built-in bath or shower Little Aussies Child Care Centre 4 Fedrick Street Boronia Heights P3(c) P5(e) Mother Goose Child Care Centre 8 Smithwick Street North Rockhampton P3(c) P5(e) Noah’s Ark Kindergarten and Day Care Centre 230 Bayswater Road Currajong P3(c) P5(e) P7, to the extent it relates to the number of child size water closet suites Parfrey Road Early Childhood Education and Care Centre 190 Parfrey Road Rochedale P3(c) P5(e) Pinnochio’s Early Learning Centre 987 South Pine Road Everton Hills P7, to the extent it relates to the number of child size water closet suites P9, to the extent it relates to the number of washbasins Page 74 Current as at 20 July 2012

Child Care Regulation 2003 Schedule 2 Child care centre Playhouse Children’s World 25 Villa Street Annerley Playhouse Parent & Child Care Centre University of Queensland St Lucia Robina Kindyland 40–42 Commerce Drive Robina Rockhampton PCYC Tiny Tots Limited Hours Child Care Centre Bridge Street North Rockhampton Stones Corner Children’s Development Centre 22 Edith Street Stones Corner Yellow Brick Road Children’s Centre 8–10 Allora Street Waterford Building Act requirement P1(b) P3(c) and (d) P5(e) and (f) P1(b) P3(d) P5(f) P3(c) P5(e) P9, to the extent it relates to the location of a built-in bath or shower P3(c) P5(e) P3(c) P5(e) P3(c) P5(e) Current as at 20 July 2012 Page 75

Child Care Regulation 2003 Schedule 3 Schedule 3 Fees section 127 1 Application for a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . (Act, s 19) 2 Issue of a provisional licence. . . . . . . . . . . . . . . . . . . . . . . . (Act, s 20) 3 Application to renew a licence . . . . . . . . . . . . . . . . . . . . . . (Act, s 21) 4 Application to amend a licence— (a) for a licence held by a corporation—to change the nominee for the licence . . . . . . . . . . . . . . . . . . . . . . . . (b) for a licence for a centre based service—to change the service’s licensed capacity. . . . . . . . . . . . . . . . . . . . . . (c) for a licence for a home based service—to change the number of coordinator hours . . . . . . . . . . . . . . . . . . . . (d) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Act, s 40) 5 Application to renew a licence and amend the licence other than in a way mentioned in item 4(a), (b) or (c) . . . . . . . . . (Act, ss 21 and 40) 6 Application to lift the suspension of a licence. . . . . . . . . . . (Act, s 50) 7 Application to transfer a licence . . . . . . . . . . . . . . . . . . . . . (Act, s 51) 8 Application for a replacement licence . . . . . . . . . . . . . . . . . (Act, s 53) 9 Application to cancel a prohibition notice. . . . . . . . . . . . . . (Act, s 108) 10 Inspection of the register . . . . . . . . . . . . . . . . . . . . . . . . . . . (Act, s 171) 11 Copy of the register or part of it— (a) for the first 40 pages . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500.00 100.00 300.00 nil nil nil 75.00 350.00 50.00 300.00 50.00 50.00 75.00 nil Page 76 Current as at 20 July 2012

Child Care Regulation 2003 Schedule 3 (b) for each subsequent page . . . . . . . . . . . . . . . . . . . . . . . (Act, s 171) 12 Application for approval of a qualification . . . . . . . . . . . . . (regulation, s 111(2)) $ .50 25.00 Current as at 20 July 2012 Page 77

Child Care Regulation 2003 Schedule 4 Schedule 4 Dictionary section 4 Page 78 1 year qualification means— (a) a 1 year qualification conferred or awarded by— (i) a higher education institution established or recognised as a university under an Act; or (ii) an interstate university; or (b) a 1 year qualification conferred or awarded as a result of the successful completion of a higher education course that is, or has been, accredited or recognised under the Higher Education (General Provisions) Act 2008 , a former Act or a corresponding law. 2 year qualification means— (a) a 2 year qualification conferred or awarded by— (i) a higher education institution established or recognised as a university under an Act; or (ii) an interstate university; or (b) a 2 year qualification conferred or awarded as a result of the successful completion of a higher education course that is, or has been, accredited or recognised under the Higher Education (General Provisions) Act 2008 , a former Act or a corresponding law. 3 year qualification means— (a) a 3 year qualification conferred or awarded by— (i) a higher education institution established or recognised as a university under an Act; or (ii) an interstate university; or (b) a 3 year qualification conferred or awarded as a result of the successful completion of a higher education course that is, or has been, accredited or recognised under the Current as at 20 July 2012

Child Care Regulation 2003 Schedule 4 Higher Education (General Provisions) Act 2008 , a former Act or a corresponding law. adult — (a) for part 2, division 5—see section 42; and (b) for part 3, division 3—see section 75; and (c) for part 4, division 1—see section 92. AQF means the policy framework entitled ‘Australian Qualifications Framework’ that defines all qualifications recognised nationally in education and training within Australia, endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs so as to commence on 1 January 1995, and that policy framework as amended from time to time. bed includes a stretcher, sleeping mat or cot. bed linen means pillow cases, sheets, blankets and similar coverings. birth , as a reference to a child’s age, means the age of a child who is less than 1 year old. bottle preparation area , of a child care centre, means the area that the centre is required to have, under the Building Act requirements, for bottle preparation. commissioner for declarations see the Justices of the Peace and Commissioners for Declarations Act 1991 , section 3. corresponding law means a law applying, or that applied, in the Commonwealth or another State that provides, or provided, for the same matter as the Higher Education (General Provisions) Act 2008 or a provision of that Act. expiry day , for a licence, means the day the licence expired or is due to expire. former Act means a repealed Act, or repealed provisions of an Act, that provided for the same matter as the Higher Education (General Provisions) Act 2008 or a provision of that Act. Current as at 20 July 2012 Page 79

Child Care Regulation 2003 Schedule 4 higher education course see the Higher Education (General Provisions) Act 2008 , schedule 2. higher education institution see the Higher Education (General Provisions) Act 2008 , schedule 2. infant means a child of less than 15 months. interstate university see the Higher Education (General Provisions) Act 2008 , schedule 2. licensed capacity , for part 2, division 2 and schedule 1, see section 16. nappy change area means an area in a child care centre ordinarily used for changing nappies. prescribed declared area means a declared area under the Disaster Management Act 2003 for a disaster situation declared on or after 28 December 2010. private vehicle means a vehicle that is not being used, or available for use, by the public. Example — A bus that is sometimes used for public transport is a private vehicle while it is being privately hired to transport a group of children. qualified carer see sections 24(4) and 25(7). Queensland Development Code means the document, Queensland Development Code, published by the department in which the Building Act 1975 is administered. Editor’s note — The Queensland Development Code is available for inspection on the Department of Housing and Public Works website at <www.hpw.qld.gov.au>. rest pause see section 19(3). school age — A child is of school age if the child is 6 years and 6 months or is a school child. working with children, see section 18. Page 80 Current as at 20 July 2012

Endnotes Child Care Regulation 2003 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .83 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84 7 Table of corrected minor errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 20 July 2012. Future amendments of the Child Care Regulation 2003 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Current as at 20 July 2012 Page 81

Child Care Regulation 2003 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1AA 1A rv 1B rv 1C 1D 1E 1F 1G 2 2A 2B Amendments included none — — 2004 SL No. 57 2005 SL No. 316 2006 SL No. 246 2006 SL No. 246 2007 SL No. 326 2006 SL No. 246 — 2008 SL No. 241 2008 SL No. 331 Effective 1 September 2003 1 January 2004 2 January 2004 21 May 2004 16 December 2005 30 October 2006 1 January 2007 14 December 2007 1 January 2008 1 January 2008 1 August 2008 3 November 2008 Notes prov exp 31 December 2003 provs exp 1 January 2004 R1G withdrawn, see R2 Page 82 Current as at 20 July 2012

Reprint No. 2C 2D Amendments included 2011 SL No. 31 2012 SL No. 103 Effective 1 April 2011 20 July 2012 Child Care Regulation 2003 Endnotes Notes 5 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Child Care Regulation 2003 SL No. 189 made by the Governor in Council on 21 August 2003 notfd gaz 22 August 2003 pp 1372–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2003 (see s 2) exp 1 September 2013 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Higher Education (General Provisions) Regulation 2004 SL No. 57 ss 1, 15 notfd gaz 21 May 2004 pp 191–4 commenced on date of notification Child Care Amendment Regulation (No. 1) 2005 SL No. 316 notfd gaz 16 December 2005 pp 1490–6 commenced on date of notification Note—An explanatory note was prepared. Education (General Provisions) Regulation 2006 SL No. 246 ss 1–2, 90 schs 1–3 notfd gaz 6 October 2006 pp 577–80 ss 1–2 commenced on date of notification s 90(2) sch 2 commenced 1 January 2007 (see s 2(1)) s 90(3) sch 3 commenced 1 January 2008 (see s 2(2)) remaining provisions commenced 30 October 2006 (see s 2(3)) Building and Other Legislation Amendment Regulation (No. 3) 2007 SL No. 326 pts 1, 4 notfd gaz 14 December 2007 pp 2131–5 commenced on date of notification Higher Education (General Provisions) Regulation 2008 SL No. 241 ss 1–2, 19 sch 1 notfd gaz 25 July 2008 pp 1838–41 Current as at 20 July 2012 Page 83

Child Care Regulation 2003 Endnotes ss 1–2 commenced on date of notification remaining provisions commenced 1 August 2008 (see s 2) Child Care Amendment Regulation (No. 1) 2008 SL No. 331 notfd gaz 3 October 2008 pp 690–3 ss 1–2 commenced on date of notification remaining provisions commenced 3 November 2008 (see s 2) Child Care Amendment Regulation (No. 1) 2011 SL No. 31 notfd gaz 1 April 2011 pp 553–4 commenced on date of notification Vocational Education, Training and Employment and Other Legislation Amendment Regulation (No. 1) 2012 SL No. 103 pts 1, 7 notfd gaz 20 July 2012 pp 863–7 commenced on date of notification 6 List of annotations Requirements relating to a stated number of children s 5 amd 2006 SL No. 246 s 90(2) sch 2 Inclusion of a child of a different age s 23 amd 2005 SL No. 316 s 3 Extra group leader required for large service s 28 amd 2008 SL No. 331 s 4 Number of carers s 30 amd 2006 SL No. 246 s 90(2) sch 2 Emergency care s 31 amd 2006 SL No. 246 s 90(2) sch 2 Division 3—Notices div hdg sub 2005 SL No. 316 s 4 Display of notice about staffing s 34A ins 2005 SL No. 316 s 5 Storage of soiled items s 50A ins 2005 SL No. 316 s 6 Exemptions—Act, s 188 s 64 (2)–(3) exp 1 January 2004 (see s 64(3)) Combined care with at least 3 carers s 71 amd 2005 SL No. 316 s 7 Combined care while meeting excursion requirements s 72 amd 2005 SL No. 316 s 8 Page 84 Current as at 20 July 2012

Child Care Regulation 2003 Endnotes Outdoor play areas s 81 sub 2005 SL No. 316 s 9 Information for parents and guardians about care provided away from principal place of care s 94 amd 2005 SL No. 316 s 10; 2008 SL No. 331 s 5 Excursions and escorting to or from child care centre s 95 sub 2005 SL No. 316 s 11 Excursions to adjoining schools s 95A ins 2008 SL No. 331 s 6 Transportation in a private vehicle s 96 amd 2008 SL No. 331 s 7 Other information—centre based service s 102 amd 2005 SL No. 316 s 12; 2008 SL No. 331 s 8 Other information—home based service s 103 amd 2005 SL No. 316 s 13 Division 4—Information for parents and guardians div 4 (s 106A) ins 2005 SL No. 316 s 14 List of qualifications s 108 amd 2004 SL No. 57 s 15(2) Qualifications for assistant—Act, sch 2, definition “qualified assistant” s 112 amd 2004 SL No. 57 s 15(3) Qualifications for group leader—Act, sch 2, definition “qualified group leader” s 113 amd 2004 SL No. 57 s 15(3) Qualifications for director—Act, sch 2, definition “qualified director” s 114 amd 2004 SL No. 57 s 15(4) Qualifications for coordinator—Act, sch 2, definition “qualified coordinator” s 115 amd 2004 SL No. 57 s 15(3) Person engaged in a position s 118 amd 2008 SL No. 331 s 9 Person enrolled in a course of study s 119 amd 2005 SL No. 316 s 15 Relevant areas of study prov hdg amd 2008 SL No. 331 s 10(1) s 120 amd 2008 SL No. 331 s 10(2)–(3) First aid training—Act, s 59 s 121 sub 2005 SL No. 316 s 16 amd 2006 SL No. 246 s 90(1) sch 1; 2012 SL No. 103 s 32 Policies—Act, s 76 s 126A ins 2008 SL No. 331 s 11 Current as at 20 July 2012 Page 85

Child Care Regulation 2003 Endnotes Prescribed entity—Act, s 170A s 126AA ins 2011 SL No. 31 s 3 Waiver of fee for renewal of licence s 127A ins 2011 SL No. 31 s 4 Refund of fee for renewal of licence s 127B ins 2011 SL No. 31 s 4 Waiver of fee for replacement of licence s 127C ins 2011 SL No. 31 s 4 Refund of fee for replacement of licence s 127D ins 2011 SL No. 31 s 4 PART 7—TRANSITIONAL PROVISIONS pt hdg prev pt 7 hdg om R1 (see RA s 7(1)(k)) pres pt 7 hdg ins 2005 SL No. 316 s 17 Division 1—Transitional provision for Child Care Regulation 2003 div hdg ins 2005 SL No. 316 s 17 Division 2—Transitional provision for Child Care Amendment Regulation (No. 1) 2005 div hdg ins 2005 SL No. 316 s 18 First aid training s 129 prev s 129 om R1 (see RA s 40) pres s 129 ins 2005 SL No. 316 s 18 Amendment of Health (Drugs and Poisons) Regulation 1996 s 130 om R1 (see RA s 40) Amendment of Integrated Planning Regulation 1998 s 131 om R1 (see RA s 40) Amendment of Standard Building Regulation 1993 s 132 om R1 (see RA s 40) SCHEDULE 1—GROUPS IN CHILD CARE CENTRES sch hdg amd 2008 SL No. 331 s 12 SCHEDULE 2—EXEMPTIONS entry for Nudgee-Virginia Kindergarten and Day Care exp 31 December 2003 (see s 64(2)) amd 2007 SL No. 326 s 10 SCHEDULE 3—FEES amd 2005 SL No. 316 s 19 SCHEDULE 4—DICTIONARY def “1 year qualification” ins 2004 SL No. 57 s 15(6) amd 2008 SL No. 241 s 19 sch 1 def “2 year qualification” ins 2004 SL No. 57 s 15(6) amd 2008 SL No. 241 s 19 sch 1 Page 86 Current as at 20 July 2012

Child Care Regulation 2003 Endnotes def “3 year qualification” ins 2004 SL No. 57 s 15(6) amd 2008 SL No. 241 s 19 sch 1 def “corresponding law” ins 2004 SL No. 57 s 15(6) amd 2008 SL No. 241 s 19 sch 1 def “expiry day” ins 2011 SL No. 31 s 5 def “former Act” ins 2004 SL No. 57 s 15(6) amd 2008 SL No. 241 s 19 sch 1 def “higher education course” ins 2004 SL No. 57 s 15(6) amd 2008 SL No. 241 s 19 sch 1 def “higher education institution” sub 2004 SL No. 57 s 15(5)–(6) amd 2008 SL No. 241 s 19 sch 1 def “interstate university” ins 2004 SL No. 57 s 15(6) amd 2008 SL No. 241 s 19 sch 1 def “prescribed declared area” ins 2011 SL No. 31 s 5 def “school age” amd 2006 SL No. 246 s 90(3) sch 3 7 Table of corrected minor errors under the Reprints Act 1992 s 44 Provision 118(5)(a) Description om ‘.;’ ins ‘;’ © State of Queensland 2013 Authorised by the Parliamentary Counsel Current as at 20 July 2012 Page 87