Children's Services Amendment Regulations2017
S.R. No. 96/2017
table of provisions
RegulationPage
RegulationPage
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Principal Regulations
Part 2—Application for licence to operate achildren's service
5New regulation 24AB inserted
6Children's services other than integrated services
7Integrated services
8Applications for approval of new nominees
9Renewal of licences
10Application to vary period of licence
11New Part 11A of Schedule 1 inserted
12Application for approval of new nominees and primary nominees
═════════════
Endnotes
1
Part 2—Application for licence to operate a children's service
Children's Services Amendment Regulations2017
S.R. No. 96/2017
statutory rules 2017
S.R. No. 96/2017
1
Part 2—Application for licence to operate a children's service
Children's Services Amendment Regulations2017
S.R. No. 96/2017
Children's Services Act 1996
1
Part 2—Application for licence to operate a children's service
Children's Services Amendment Regulations2017
S.R. No. 96/2017
Children's Services Amendment Regulations2017
1
Part 2—Application for licence to operate a children's service
Children's Services Amendment Regulations2017
S.R. No. 96/2017
The Governor in Council makes the following Regulations:
Dated: 19 September 2017
Responsible Minister:
JENNY MIKAKOS
Minister for Families and Children
ANDREW ROBINSON
Clerk of the Executive Council
Part 1—Preliminary
1Objective
The objective of these Regulations is to makeamendments to the Children's Services Regulations 2009 consequential to amendments made to the Children's Services Act 1996 by the Education and Care Services National Law Amendment Act 2017.
2Authorising provision
These Regulations are made under section 56 ofthe Children's Services Act 1996.
3Commencement
These Regulations come into operation on 1October 2017.
4Principal Regulations
In these Regulations, the Children's Services Regulations 2009[1] are called the Principal Regulations.
Part 2—Application for licence to operate achildren's service
5New regulation 24AB inserted
After regulation 24A of the Principal Regulationsinsert—
"24ABNotice of change to primary nominee
For the purposes of section 25WA(2)(b) ofthe Act, a notice must include the prescribed information set out in Part 11A ofSchedule 1.".
6Children's services other than integrated services
(1)In clause 15(m)(ia) of Schedule 1 to the Principal Regulations omit", a certified supervisor".
(2)In clause 15(n)(ia) of Schedule 1 to the Principal Regulations omit", a certified supervisor".
(3)In the note to clause 15 of Schedule 1 to the Principal Regulations, for "certified supervisor"substitute"nominated supervisor of an education and care service".
7Integrated services
(1)In clause 16(l)(ia) of Schedule 1 to the Principal Regulations omit", a certified supervisor".
(2)In clause 16(m)(ia) of Schedule 1 to the Principal Regulations,omit", a certified supervisor".
(3)In the note to clause 16 of Schedule 1 to the Principal Regulations, for "certified supervisor"substitute"nominated supervisorof an education and care service".
8Applications for approval of new nominees
In clause 18(1)(f)(iii)(B) of Schedule 1 to the Principal Regulations, for "certified supervisor"substitute"nominated supervisor of an education and care service".
9Renewal of licences
(1)In clause 20(1)(j)(iia) of Schedule 1 to the Principal Regulations omit", a certified supervisor".
(2)In clause 20(1)(k)(iia) of Schedule 1 to the Principal Regulations omit", a certified supervisor".
(3)In clause 20(1)(l)(iia) of Schedule 1 to the Principal Regulations, for "certified supervisor"substitute"nominated supervisor of an education and care service".
10Application to vary period of licence
(1)In clause 23(h)(iia) of Schedule 1 to the Principal Regulations omit", a certified supervisor".
(2)In clause 23(i)(iia) of Schedule 1 to the Principal Regulations omit", a certified supervisor".
(3)In clause 23(j)(iia) of Schedule 1 to the Principal Regulations, for "certified supervisor"substitute"nominated supervisor of an education and care service".
11New Part 11A of Schedule 1 inserted
After clause 31 of Schedule 1 to the Principal Regulations insert—
"Part 11A—Notice of change to primary nominee for approved associated children's services
31ANotice of change to primary nominee to a person approved by the Secretary
(1)The following information is required for a notice to change the primary nominee for an approved associated children's service to a person who is approved by the Secretary under section 25X of the Act to have primary responsibility for the management or control of the service in the absence of the approved provider—
(a)the number of the service approval including the approved associated children's service;
(b)the full name and postal address of the approved provider, and the provider approval number;
(c)the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the notice;
(d)the approved associated children's service's name, street address (including number), municipal district, postal address, telephone and facsimile numbers and email address;
(e)the full name, former name (if any), date of birth and postal address of the new primary nominee;
(f)an identity statement regarding the new primary nominee;
(g)either—
(i)a declaration that the new primary nominee has been determined by the Secretary, within the previous 5 years, to be a fit and proper person; or
(ii)if the Secretary has determined thenew primary nominee to be a fit and proper person more than 5years previously, each of the following—
(A)a current assessment noticeor a copy of a current certificate of registration as ateacher issued under the Education and Training Reform Act 2006;
(B)a declaration that the Secretary has previously determined that the new primary nominee is a fit andproper person;
(C)a declaration that there areno material changes tothe information provided to the Secretary since thenew primary nominee's previous fit and proper persondetermination; or
(iii)evidence that the new primary nominee is an approved provideror a person with management or control of an education and care service operated by an approved provider; or
(iv)the information and documents required in Part 11 to demonstrate that the new primary nominee is a fit and proper person;
(h)the date on which the new primarynominee is to have primary responsibility for the management or control of the approved associated children's service.
(2)A notice to change a primary nominee must also include the new primary nominee's written consent to the nomination.
Note
Section 25WA(2)(c) of the Act requires that a notice must be given—
at least 7 days before the new primary nomineeis to have primary responsibility for themanagement or control of the approved associated children's service; or
if that period of notice is not possible in the circumstances, as soon as practicable but not morethan 14 days after the new primary nomineecommences primary responsibility forthemanagement or control of the approved associated children's service.
31BNotice of change to primary nominee to a person who is a nominated supervisor
(1)The following information is required for a notice to change the primary nominee for an approved associated children's service to a person who is a nominated supervisor of the associated education and care service—
(a)the number of the service approval including the approved associated children's service;
(b)the full name and postal address of the approved provider, and the provider approval number;
(c)the name, postal address, email address and telephone and facsimile numbers of the contact person for the purposes of the notice;
(d)the approved associated children's service's name, street address (including number), municipal district, postal address, telephone and facsimile numbers and email address;
(e)the full name, former name (if any), date of birth and postal address of the new primary nominee;
(f)an identity statement in relation to the new primary nominee;
(g)a declaration that the new primary nominee has been nominated as a nominated supervisorby the approved provider and that there are no material changes to the circumstances since that nomination;
(h)evidence that the new primary nominee is a nominated supervisor;
(i)if the associated education and care service has more than one nominated supervisor, evidence that the nominated supervisor has been designated in writing by the approved provider as theprimary nominee for theapproved associated children's service;
(j)the date on which the new primarynominee is to have primary responsibility for the management or control of the approved associated children's service.
(2)A notice to change a primary nominee must also include the new primary nominee's written consent to the nomination.
Notes
1Section 25W(2) of the Act provides that the primary nominee for an approved associated children's service is, subject to section 25W(2A) of the Act—
the nominated supervisor of the associated education and care service; or
if the associated education and care service hasmore than one nominated supervisor, the nominated supervisor designated in writing by the approved provider as the primary nominee for the approved associated children's service; or
a person who, on the application of the approved provider, is approved by the Secretary under section 25X to have primary responsibility for the management or control of the approved associated children's service in the absence of theapproved provider.
2In accordance with section 25W(2)(a) of the Act, a nominated supervisor may be the primary nominee for an approved associated children's service in certain circumstances. Section 25W(2A) of the Act provides that section 25W(2)(a) does not apply to a nominated supervisor of an associated education and care service who is subject to—
an undertaking under section 179A of the National Law; or
a prohibition notice under section 182(3)(a) of the National Law; or
a condition imposed by a prohibition notice under section 182(3)(b) of the National Law.
3Section 25WA(2)(c) of the Act requires that a notice must be given—
at least 7 days before the new primary nomineeis to have primary responsibility for themanagement or control of the approved associated children's service; or
if that period of notice is not possible in the circumstances, as soon as practicable but not more than 14 days after the new primary nominee commences primary responsibility forthe management or control of the approved associated children's service.".
12Application for approval of new nominees and primary nominees
In clause 32(1)(e)(iii)(B) of Schedule 1 to the Principal Regulations, for "certified supervisor"substitute"nominated supervisor of an education and care service".
═════════════
1
Endnotes
Children's Services Amendment Regulations2017
S.R. No. 96/2017
Endnotes
1
[1]Reg. 4: S.R. No. 53/2009. Reprint No.1 as at 1July 2012. Reprinted to S.R.No.162/2011.Subsequently amended by S.R.No.2/2016.