1.  The approved provider of an education and care service must ensure that a child who is being
   educated and cared for by the education and care service does not leave the education and care
   service premises except in accordance with subregulation (4).
   Penalty: $2000.
   
2.  A nominated supervisor of an education and care service must ensure that a child who is being educated and cared for by the education and care service does not leave the education and care service premises except in accordance with subregulation (4). Penalty: $2000.
3.  A family day care educator must ensure that a child who is being educated and cared for by the educator as part of a family day care service does not leave the residence or approved family day care venue except in accordance with subregulation (4). Penalty: $2000.
4.  The child may only leave the relevant premises if the child—

                (a) is given into the care of—
                 (i) a parent of the child; or
                 (ii) an authorised nominee named in the child’s enrolment record; or
                 (iii) a person authorised by a parent or authorised nominee named in the child’s enrolment record to collect the child from the premises; or
                (b) leaves the premises in accordance with the written authorisation of the child’s parent or authorised nominee named in the child’s enrolment record; or
         (c) is taken on an excursion in accordance with this Division; or (ca) is transported by the service or on transportation arranged by the service in accordance with Division 7; or
                (d) is given into the care of a person or taken outside the premises—
                    (i) because the child requires medical, hospital or ambulance care or treatment; or
                    (ii) because of another emergency.

5.In this regulation parent does not include a parent who is prohibited by a court order from
having contact with the child.

(1) The approved provider of an education and care service must ensure that a record of attendance is kept for the service that—

    (a) records the full name of each child attending the service; and

    (b) records the date and time each child arrives and departs; and

    (c) is signed by one of the following persons at the time that the child arrives and departs—

        (i) the person who delivers the child to the education and care service premises or collects the child from the education and care service premises;

        (ii) a nominated supervisor or an educator.

    (2) A preschool program provided by a school is not required to comply with subregulation (1) if it keeps attendance records in accordance with the education law, or Government education department policy, of the participating jurisdiction.

A family day care educator must keep a record of attendance that—

    (a) records the full name of each child being educated and cared for at the family day care residence or approved family day care venue; and

    (b) records the date and time each child arrives and departs; and

    (c) is signed by one of the following persons at the time that the child arrives and departs—

        (i) the person who delivers the child to the family day care residence or venue or collects the child from the family day care residence or venue;

        (ii) if the signature of the person who delivers the child cannot reasonably be obtained—the family day care educator

(1) The authorisations to be kept in the enrolment record for each child enrolled at an education and care service are—

    (a) an authorisation, signed by a parent or a person named in the enrolment record as authorised
to consent to the medical treatment of the child, for the approved provider, a nominated supervisor or an educator to seek—
        (i) medical treatment for the child from a registered medical practitioner, hospital or ambulance service; and
        (ii) transportation of the child by an ambulance service; and
    (b) if relevant, an authorisation given under regulation 102 for the education and care service to take the child on regular outings; and
    (c) if relevant, an authorisation given under regulation 102D(4) for regular transportation of the
child.

(2) The authorisations to be kept in the enrolment record for each child educated and cared for by a family day care educator are—
    (a) an authorisation, signed by a parent or a person named in the enrolment record as authorised to consent to the medical treatment of the child, for the family day care educator to seek—
        (i) medical treatment for the child from a registered medical practitioner, hospital or
ambulance service; and
        (ii) transportation of the child by an ambulance service; and
    (b) if relevant, an authorisation given under regulation 102 for the family day care educator to take the child on regular outings; and
    (c) if relevant, an authorisation given under regulation 102D(4) for regular transportation of the
child.

The health information to be kept in the enrolment record for each child enrolled at the education and care service is—

    (a) the name, address and telephone number of the child’s registered medical practitioner or medical service; and

    (b) if available, the child’s Medicare number; and

    (c) details of any—

        (i) specific healthcare needs of the child, including any medical condition; and

        (ii) allergies, including whether the child has been diagnosed as at risk of anaphylaxis; and

    (d) any medical management plan, anaphylaxis medical management plan or risk minimisation plan to be followed with respect to a specific healthcare need, medical condition or allergy referred to in paragraph (c); and

    (e) details of any dietary restrictions for the child; and

    (f) the immunisation status of the child; and

    (g) if the approved provider or a staff member or family day care educator has sighted a child healthrecord for the child, a notation to that effect; and

    (h) in relation to New South Wales, certificates for immunisation or exemption for the child, as required under section 87(1), (2) and (3) of the Public Health Act 2010 of New South Wales; and(i) in relation to Victoria, in the case of an education and care service specified in paragraph (a) of the definition of early childhood service in section 3(1) of the Public Health and Wellbeing Act2008 of Victoria—(i) an immunisation status certificate within the meaning of section 147 of the Public Health and Wellbeing Act 2008 of Victoria that is issued in relation to the child and that is provided under section 143B of Public Health and Wellbeing Act 2008 of Victoria; or(ii) details of any exemption in relation to the child under section 143C of the Public Health and Wellbeing Act 2008 of Victoria.

    (1) The approved provider of an education and care service must ensure that an enrolment record is kept that includes the information set out in subregulation (3) for each child enrolled at the education and care service.

    (2) A family day care educator must keep an enrolment record that includes the information set out in subregulation (3) for each child educated and cared for by the educator.

    (3) An enrolment record must include the following information for each child—

    (a) the full name, date of birth and address of the child;

    (b) the name, address and contact details of—

        (i) each known parent of the child; and

        (ii) any person who is to be notified of an emergency involving the child if any parent o fthe child cannot be immediately contacted; and

        (iii) any person who is an authorised nominee; and Note. Authorised nominee means a person who has been given permission by a parent or family member to collect the child from the education and care service or the family day care educator.See section 170(5) of the Law.

        (iv) any person who is authorised to consent to medical treatment of, or to authorise administration of medication to, the child; and

        (v) any person who is authorised to authorise an educator to take the child outside the education and care service premises; and

        (vi) any person who is authorised to authorise the education and care service to transport the child or arrange transportation of the child;

    (c) details of any court orders, parenting orders or parenting plans provided to the approved provider relating to powers, duties, responsibilities or authorities of any person in relation to the child or access to the child;

    (d) details of any other court orders provided to the approved provider relating to the child’s residence or the child’s contact with a parent or other person;

    (e) the gender of the child;

    (f) the language used in the child’s home;

    (g) the cultural background of the child and, if applicable, the child’s parents;

    (h) any special considerations for the child, for example any cultural, religious or dietary requirements or additional needs;

    (i) the relevant authorisations set out in regulation 161;

   (j) the relevant health information set out in regulation 162.(4) In this regulation—parenting order means a parenting order within the meaning of section 64B(1) of the FamilyLaw Act 1975 of the Commonwealth; parenting plan means a parenting plan within the meaning of section 63C(1) of the Family LawAct 1975 of the Commonwealth, and includes a registered parenting plan within the meaning of section 63C(6) of that Act.

The approved provider of a center-based service must keep a record of educators working directly

with children that includes the following information—
(a) the name of each educator who works directly with children being educated and cared for by the
service;
(b) the hours that each educator works directly with children being educated and cared for by the
service.
Example. The record could be a staff roster or staff timesheet.​

1. The approved provider of an education and care service must ensure that a child being educated and cared for by the service is not taken outside the education and care service premises on an excursion unless written authorisation has been provided under subregulation (4).
   Penalty: $1000.
   
   
2.  A nominated supervisor of an education and care service must ensure that a child being educated and cared for by the service is not taken outside the education and care service premises on an excursion unless written authorisation has been provided under subregulation (4).
   Penalty: $1000.
   
   
3.  A family day care educator must ensure that a child who is being educated and cared for by the educator as part of a family day care service is not taken outside the residence or approved family day care venue on an excursion unless written authorisation has been provided under subregulation (4).
   Penalty: $1000.
   
   
4.  The authorisation must be given by a parent or other person named in the child’s enrolment record as having authority, given by a parent, to authorise the taking of the child outside the education and care service premises by an educator and must state—
   (a) the child’s name; and
   (b) the reason the child is to be taken outside the premises; and
   (c) if the authorisation is for a regular outing, a description of when the child is to be taken on
   the regular outings; and
   (ca) if the authorisation is for an excursion that is not a regular outing, the date the child is to be taken on the excursion; and
   (d) a description of the proposed destination for the excursion; and
   (e) if the excursion involves transporting children—
   (i) the means of transport; and
   (ii) any requirements for seatbelts or safety restraints under a law of each jurisdiction in
   which the children are being transported; and
   (f) the proposed activities to be undertaken by the child during the excursion; and
   (g) the period the child will be away from the premises; and
   (h) the anticipated number of children likely to be attending the excursion; and
   (i) the anticipated ratio of educators attending the excursion to the anticipated number of
   children attending the excursion; and
   (j) the anticipated number of staff members and any other adults who will accompany and
   supervise the children on the excursion; and
   (k) that a risk assessment has been prepared and is available at the service.
   
   
5.  If the excursion is a regular outing, the authorisation is only required to be obtained once in a 12 month period.
   

The approved provider of an education and care service must ensure that a parent of a child being educated and cared for by the service, or if a parent cannot be immediately contacted, an authorised emergency contact for the child is notified as soon as practicable, but not later than 24 hours after the occurrence, if the child is involved in any incident, injury, trauma or illness while the child is being educated and cared for by the education and care service.

(1) The approved provider of an education and care service must ensure that an incident, injury, trauma and illness record is kept in accordance with this regulation.

(2) A family day care educator must keep an incident, injury, trauma and illness record in accordance with this regulation.

(3) The incident, injury, trauma and illness record must include—

    (a) details of any incident in relation to a child or injury received by a child or trauma to which a child has been subjected while being educated and cared for by the education and care service or the family day care educator, including—

    (i) the name and age of the child; and
    (ii) the circumstances leading to the incident, injury or trauma; and
    (iii) the time and date the incident occurred, the injury was received or the child was subjected to the trauma;

(b) details of any illness which becomes apparent while the child is being educated and cared for by the education and care service or the family day care educator including—

    (i) the name and age of the child; and
    (ii) the relevant circumstances surrounding the child becoming ill and any apparent symptoms; and
    (iii) the time and date of the apparent onset of the illness;
(c) details of the action taken by the education and care service or family day care educator in relation to any incident, injury, trauma or illness which a child has suffered while being educated and cared for by the education and care service or family day care educator, including—

    (i) any medication administered or first aid provided; and
    (ii) any medical personnel contacted;

(d) details of any person who witnessed the incident, injury or trauma;

(e) the name of any person—

    (i) whom the education and care service notified or attempted to notify, of any incident, injury, trauma or illness which a child has suffered while being educated and cared for by the education and care service or family day care educator; and
    (ii) the time and date of the notifications or attempted notifications;
(f) the name and signature of the person making an entry in the record, and the time and date that the entry was made.

(4) The information referred to in subregulation (3) must be included in the incident, injury, trauma and illness record as soon as practicable, but not later than 24 hours after the incident, injury or trauma, or the onset of the illness.​

    (1) An approved provider of a family day care service must take all reasonable steps to ensure that a record is kept of all visitors to a family day care residence or approved family day care venue while children are being educated and cared for at the residence or venue as part of that service.

    (2) A family day care educator must keep a record of all visitors to a family day care residence or approved family day care venue while children are being educated and cared for by the educator at the residence or venue as part of a family day care service.

    (3) The record of visitors must include the signature of the visitor and the time of the visitor’s arrival and departure.