Victorian Numbered Regulations

CHILDREN'S SERVICES AMENDMENT REGULATIONS 2011 (SR NO 162 OF 2011) - REG 57

r. 57

After regulation 70 of the Principal Regulations insert —

        " 70A     Assessment notices—approved associated children's services

    (1)     An approved provider of an approved associated children's service must read, or must ensure the primary nominee or nominee currently present and in charge of the children's service has read, a person's current assessment notice before that person becomes an employee or is otherwise engaged as a staff member of the children's service.

Penalty:     10 penalty units.

    (2)     An approved provider of an approved associated children's service must read, or must ensure that the primary nominee or nominee currently present and in charge of the children's service has read, a person's current assessment notice or volunteer assessment notice before the person becomes a volunteer at the associated children's service.

Penalty:     10 penalty units.

    (3)     An approved provider of an approved associated children's service must read, or must ensure the primary nominee or nominee currently present and in charge of the children's service has read, a current assessment notice for each early childhood intervention worker.

Penalty:     10 penalty units.

    (4)     Subregulations (1), (2) and (3) do not apply in respect of a person if—

        (a)     an assessment notice or volunteer assessment cannot be issued for the person because of the person's age; and

        (b)     the person cares for or educates children at the approved associated children's service only under the immediate supervision of the proprietor or a qualified staff member of the service.

    (5)     Subregulations (1), (2) and (3) do not apply in respect of a person who is registered as a teacher under the Education and Training Reform Act 2006 , if the approved provider, primary nominee or nominee currently present and in charge of the children's service has checked the relevant register kept under that Act and confirmed that the person is so registered.

    (6)     Subregulation (2) does not apply if the volunteer—

        (a)     cares for or educates children at the approved associated children's service only under the immediate supervision of the proprietor or a qualified staff member of the service; and

        (b)     is not included in the child/staff ratios if the service is a limited hours or short term service.

    (7)     Subregulation (3) does not apply if the early childhood intervention worker cares for or educates children at the approved associated children's service only under the immediate supervision of the proprietor or a qualified staff member of the service.

    (8)     An approved provider of an approved associated children's service must ensure that any information in an assessment notice or a volunteer assessment notice referred to in this regulation and read by the approved provider, the nominee currently present and in charge of the children's service or the primary nominee of the children's service is not divulged by the approved provider, the nominee or the primary nominee, directly or indirectly, to any person except the approved provider, the nominee, the primary nominee, the Secretary or an authorised officer.

Penalty:     10 penalty units.

Note

It is an offence under section 35 of the Working with Children Act 2005 to engage a person in child-related work if the person does not have a current assessment notice.".