Victorian Information
Session
Quality Assessment and Regulation Division
August 2013
Transitional Provisions 2014
On 1 January 2014, a number of transitional provisions in
the Children’s Services Regulations 2009 will come into
effect for children’s services.
These changes apply to:
• Minimum training requirements for staff members
educating and caring for children
• Teaching staff members (standard services only)
Definition of staff member
In relation to a children’s service, staff member
means:
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A person who is employed or has been appointed or engaged to
be responsible for the care or education of children at the
children’s service
•
Note a staff member who is aged under 18 years must be under
the direct supervision of a qualified staff member who is aged 18
years or over (regulation 5).
Definition of volunteers
A volunteer, in relation to a children’s service, means a
person who cares for or educates children at the children’s
service in a voluntary or honorary capacity, and includes a
student or a person on work experience (regulation 5).
Short term or limited hours
For short term or limited hours services no more than half
of the individuals counted in the staff to child ratios may
be volunteers (these volunteers must be over 18 years of
age).
Volunteers may not be counted in the minimum number
on staff members on duty (regulation 50).
Minimum Training Requirements
Standard, limited hours and short term services
From 1 January 2014, each staff member caring for or educating
children at a service must meet one of the following requirements
(regulation 130):
• hold a Certificate III in Children’s services
• hold a qualification or has training the secretary is satisfied is
substantially equivalent or superior to Certificate III in Children’s
Services
• hold a qualification included in the list of approved Certificate III
level education and care qualifications published under the
Education and Care Services National Regulations 2011 (National
Regulations)
• Be a qualified staff member or a teaching staff member
• hold a primary school teaching qualification
• In the case of an early childhood intervention staff member, hold a
qualification in a field the Secretary is satisfied is substantially
equivalent (regulation 60)
Staff to child ratios
Limited hours type 1 service
A limited hours type 1 service is a service where each
child is cared for or educated for not more than two hours
a day and not more than a total of six hours a week.
• for children under three years a child/staff ratio of one staff
member or volunteer for every five children or fraction of that
number
• for children three years or more, a child/staff ratio of one staff
member or volunteer for every 15 children or fraction of that
number (section 29A and regulation 55(1)) .
Staff to child ratios
Limited hours type 2 service
A limited hours type 2 service is a service where each
child is cared for or educated for not more than five hours
a day and not more than a total of 15 hours a week.
• for children under three one staff member or volunteer for every
five children or fraction of that number and one qualified staff
member for every 15 children or fraction of that number; and
• for children three years or more one staff member or volunteer for
every 15 children or fraction of that number and one qualified
staff member for every 30 children or fraction of that number
(section 29A and regulation 55(2)) .
Staff to child ratios
Standard service
A standard service is a children's service that may care for
or educate children under three and children three and
over, including school aged children. Places for school
aged children can comprise up to 30 per cent of the total
number of places.
• for children under three
•
1 staff member for every 4 children or fraction of that number; and
•
1 qualified staff member for every 12 children or fraction of that number; and
• for children are aged three years or more
•
1 staff member for every 15 children or fraction of that number; and
•
1 qualified staff member for every 30 children or fraction of that number (regulation 53).
Definition of Teaching Staff member
A teaching staff member means a staff member who holds one
of the following qualifications (regulation 5):
• a qualification included in the list of approved early
childhood teaching qualifications published under the
National Regulations
• an early childhood teaching qualification at degree level or
above that has been approved by the Secretary and notice
of this approval has been given in the Government Gazette.
• An early childhood teaching qualification at degree level or
above that the Secretary is satisfied is substantially
equivalent or superior to a qualification which has previously
been approved by the Secretary and published in the
Government Gazette.
Minimum hours of teaching staff
educating and caring for children
Educating and Caring for 25 or
more children
Educating and caring for fewer
than 25 children
A teaching staff member is
caring for or educating children
at the standard service or each
standard service component for
at least the lessor of the
following:
The service or each standard
service component must have
access to a teaching staff
member working with the
service if they are carrying out
activities for the service,
including caring for and
educating children and planning
programs, and they may be
doing so by means of
information communication
technology.
(regulation 52a (5(b)).
• 50% of the time the service is
open to care for or educate
children; or
• 20 hours per week
(regulation 52(1)).
Educator Qualifications
Recognised minimum training and qualifications are
published at
www.education.vic.gov.au/childhood/providers/regulation
/Pages/vcstrainingquals.aspx
Also recognised are the qualifications published by the
Australian Children’s Education and Care Authority
(ACECQA).
The approved educator qualification lists are:
• Early childhood teaching qualifications
• Diploma qualifications
• Certificate III qualifications
These lists are available at www.acecqa.gov.au
Savings provisions for minimum training
 The requirement to hold an approved certificate III level
qualification does not apply to staff members who have
completed professional development in lieu of minimum training
(regulations 364 and 366).
 These staff members were:
 employed in a licensed children’s service, outside school
hours care service or family day care service on 25 May
2009; and
 employed in a licensed children’s service, outside school
hours service or family day care service continuously for at
least five years full-time or ten years part-time in the years
immediately prior to 25 May 2009; and
 completed an approved professional development course
by 1 January 2012.
Exemptions
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If a service cannot meet a requirement of the Victorian
Regulations the approved provider may apply for an exemption
from the requirement.
Exemptions are generally considered where the licensee can
demonstrate genuine difficulty in meeting the relevant
requirements. All possible ways to meet the requirements should
be explored prior to making an application.
Applications are considered by the Department with respect to
all relevant circumstances of the service.
Enquiries may be directed to csrr@edumail.vic.gov.au.
Sometimes the Minister will grant an exemption from a
requirement for a group of Victorian children’s services.
Maintaining compliance with
the Victorian Children’s
Services Legislation
Assessment Notices
A licensee, primary nominee or nominee
currently present and in charge or a children’s
service must:
• read a person’s current working with children
assessment notice, or
• in the case of a registered teacher, check the
Victorian Institute of Teaching (VIT) register
Before that person becomes an employee or is
otherwise engaged as a staff member of a
children’s service (regulation 70)
Staff Records
A children’s service must ensure that each staff member has a staff
record (regulation 38).
The staff record for staff members must include:
• their name, address and date of birth
• a copy of any relevant qualifications or certificates of completed
training
• their working hours
• details of training in the administration of an adrenaline autoinjection device and cardio-pulmonary resuscitation
• Details of training in first aid and anaphylaxis management
• the date on which the current working with children assessment
notice (or VIT registration) was considered by the
licensee, primary nominee or nominee currently present and in
charge of the service.
Child Enrolment Records
The enrolment record for each child must include:
• The child’s name, address and date of birth
• Name of each parent or guardian with whom the child resides
with and details of other guardians if applicable
• details of person to be notified of any incident, trauma or illness
involving the child
• details of any court orders related to a child or access to them
• Details of persons with lawful authority to take the child outside
the premises.
• Details of any person who has lawful authority to consent to the
medical treatment of the child.
• The language used in the child’s home
• The relevant authorisations set out in regulation 33, and the
• The relevant health information set out in regulation 34, such as
special needs of the child or other allergies.
Medication Records
The medication record for each child must include:
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The child’s name
The authorisation to administer medication
The name of medication to be administered
The time and date the medication was last administered
The time, date and circumstances in which medication should next
be administered.
• The dosage of medication to be administered.
• If medication is administered to the child:
- the dosage that was administered
- the time and date the medication was administered
- the name and signature of person who administered the
medication
- the name and signature of the person who checked the dosage
administered inline with regulation 83.
Accident, injury, trauma and
Illness
record
The accident, injury, trauma and illness record must include:
• Details of any accident, injury or trauma to which a child is subject
to while being cared for by the children’s service
• Details of any illness which becomes apparent while the child is
being cared for or educated by the children’s service
• Details of the action taken by the children’s service in relation to
any accident, injury or trauma or illness which a child has suffered
• The name of who was notified of the accident, injury, trauma or
illness
• The name of the signature of the person making an entry in the
record, and
• That this information is recorded as soon as practicable, but not
later than 24 hours after the accident, injury, trauma or onset of
the illness.
Anaphylaxis Management
Policy
A children’s service must ensure that the service has in place an anaphylaxis
management policy that includes:
•
the procedures for training of staff
•
the practices and procedures to ensure compliance with the children’s
service regulations
•
that a risk minimisation plan has been developed for each child
diagnosed at risk of anaphylaxis accessing the service
•
that an anaphylaxis medical management plan has been obtained from
the parent or guardian of a child diagnosed at risk of anaphylaxis
•
in the instance that a child has an anaphylactic episode, that the medical
management plan must be followed.
•
that the risk minimisation plan contains at a minimum matters contained
in clause 3, (p166, Children’s Services Regulations)
•
a communication plan contains at a minimum matters contained in
clause 4, (p167, Children’s Services Regulations 2009)
Practice Note 3: Anaphylaxis Management
Information to be displayed
A children’s service must ensure the following information is
displayed prominently at the main entrance to the premises:
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the hours and days of operation
The name of licensee, body corporate, representative or provider
The names of all nominees, identifying the primary nominee
An outline of the recreational or educational program
Fees charged by the service
Details of emergency evacuation procedures
Details of person to whom complaints can be referred to
Contact details of the responsible office of the Department
A list of information available for inspection under regulation 41
Notice of children attending the service that have been diagnosed
as at risk of anaphylaxis
DEECD website
www.education.vic.gov.au/childhood/providers/regulation
Resources for Victorian children’s
services
 Information for Victorian children’s services is available on the
Department’s website:
www.education.vic.gov.au/childhood/providers/regulation
- Fact sheets, including:
-

Assessment or Fit and proper person
Qualified staff member lunch break
Staff members and staff requirements
Volunteers in licensed children’s services
Frequently asked questions
Newsletters
Guides
Practice Notes
Follow the Department on Twitter @DEECD.
Regulatory Authority in Victoria
Department of Education and Early Childhood Development
Quality Assessment and Regulation Division
Ph. 1300 307 415
licensed.childrens.services@edumail.vic.gov.au
www.education.vic.gov.au/childhood/providers/regulation
@DEECD