Victorian Numbered Regulations

CHILDREN'S SERVICES AMENDMENT REGULATIONS 2011 (SR NO 162 OF 2011) - REG 90

After Part 9 of the Principal Regulations insert —

" PART 10—TRANSITIONAL AND SAVING PROVISIONS—CHILDREN'S SERVICES AMENDMENT ACT 2011

        127     Definitions

In this Part—

"amending regulations" means the Children's Services Amendment Regulations 2011;

"commencement day" means 1 January 2012;

"existing licensed children's service" means a children's service that—

        (a)     immediately before the commencement day, was a licensed children's service; and

        (b)     on the commencement day continues to be licensed under the Act.

        128     Transitional provision—existing licensed children's services providing education and care during school holidays

If, immediately before the commencement day, an existing licensed children's service was a service that provided education and care for no more than 4 weeks per calendar year during school holidays, on and from the commencement day the existing licensed children's service is taken to be—

        (a)     a school holidays care service; or

        (b)     if the existing licensed children's service is an integrated service, an integrated service that includes a school holidays care service component.

        129     Transitional provision with respect to teaching staff members

Regulation 52 as amended by regulation 43 of the amending regulations does not apply until 1 January 2014 in respect of an existing licensed children's service if—

        (a)     immediately before 25 May 2009 the service was a licensed children's service; or

        (b)     a licence was issued on or after 25 May 2009 for the service to a person who, immediately before that day—

              (i)     had made an application for approval in principle; or

              (ii)     was granted an approval in principle but had not made an application for a licence to operate the children's service; or

              (iii)     had made an application for a licence to operate a children's service, but that application had not been decided.

        130     Transitional provisions with respect to minimum training—services other than school holidays care services

    (1)     Regulation 60 as amended by regulation 46 of the amending regulations does not apply in respect of a staff member of a children's service (other than a school holidays care service) who—

        (a)     on 25 May 2009 was a staff member of a children's service (other than a family day care service or an outside school hours care service) and had been employed—

              (i)     full-time and continuously as a staff member at a licensed children's service for a period of at least 5 years immediately preceding that day; or

              (ii)     at least part-time and continuously as a staff member at a licensed children's service for a period of at least 10 years immediately preceding that day; and

        (b)     before the commencement day completed a professional development course approved by the Secretary under regulation 125, as in force immediately before the commencement day.

    (2)     Subject to subregulation (3), regulation 60 as amended by regulation 46 of the amending regulations does not apply until 1 January 2014 in respect of an existing licensed children's service if—

        (a)     immediately before 25 May 2009 the service was a licensed children's service; or

        (b)     a licence was issued on or after 25 May 2009 for the service to a person who, immediately before that day—

              (i)     had made an application for approval in principle; or

              (ii)     was granted an approval in principle but had not made an application for a licence to operate the children's service; or

              (iii)     had made an application for a licence to operate a children's service, but that application had not been decided.

    (3)     The proprietor of a children's service referred to in subregulation (2) that is a limited hours Type 1 service must ensure that all staff members other than a staff member referred to in subregulation (1) hold a Certificate III in Children's Services.

    (4)     In subregulation (2), existing licensed children's service includes a children's service that—

        (a)     immediately before the commencement day, was a licensed children's service; and

        (b)     on the commencement day is included in a service approval as an associated children's service under section 19(2) of the Education and Care Services National Law Act 2010 .

        131     Transitional provisions with respect to minimum training—school holidays care services

    (1)     Regulation 60 as amended by regulation 46 of the amending regulations does not apply in respect of a staff member of a school holidays care service who—

        (a)     on 25 May 2009 was a staff member of a children's service (other than a family day care service) and had been employed—

              (i)     full-time and continuously as a staff member at a licensed children's service or an outside school hours care service for a period of at least 5 years immediately preceding that day; or

              (ii)     at least part-time and continuously as a staff member at a licensed children's service or an outside school hours care service for a period of at least 10 years immediately preceding that day; and

        (b)     before the commencement day completed a professional development course approved by the Secretary under regulation 125, as in force immediately before the commencement day.

    (2)     Regulation 60 as amended by regulation 46 of the amending regulations does not apply until 1 January 2014 in respect of any other staff member of a school holidays care service.

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