Children's services need to be aware of a range of legislation that applies to their environment. Depending on the type of service and nature of sponsor body this may include all or some of the following:
The Child Care Act & Regulations
Services are required to have copies of the Child Care Act 2002 and Child Care Regulations 2003 on the premises at all times.
Services are required to have copies of the Child Care Act 2002 and Child Care Regulations 2003 on the premises at all times. Services must follow these for minimum standards of care. They protect the health, safety and wellbeing of each child in your service.
Director’s and Coordinators must know and understand all the regulations relevant to their service types. They should then be referred to regularly to ensure compliance in areas such as:
- Staff child ratios;
- Group sizes;
- Building, environment & facilities;
- Space requirements (indoor & outdoor);
- Policies and procedures;
- Record keeping requirements;
- Health and safety;
- Information for families.
The Queensland State Child Care Act 2002 and Child Care Regulation 2003 currently apply to most children’s services in Queensland, including BBF funded ones. They are available on:
In 2012 however the state and territory based regulations currently in place across Australia will be replaced by National Regulations as part of the National Quality Framework (NQF).
Other legislation affecting the care of children includes:
- Queensland Commission for Children and Young People and Child Guardian Act 2000 & Regulation 2001
- Child Protection Act 1999 & Regulation
Regulation of your sponsor body is covered by one of the following depending on how it was formed:
- The Cooperatives Act 1997 & Regulation 1997 applies to sponsor bodies who are Corporations in Qld.
- The Associations Incorporation Act 1981 & Regulations 1999 applies to sponsor bodies who are Incorporated Associations in Qld.
- The Corporations (Queensland) Act 1990 applies to sponsor bodies who are Corporations in Qld.
Other legislation includes:
- Anti-Discrimination Act 1991 Qld (PDF)
- A new Tax System (Goods & Services Tax Administration) Act 1999 - service registration & payment of tax
- Information Privacy Act 2009 (PDF) & Regulation 2009 (PDF) relates to the confidentiality/privacy of children, families and staff information.
- Fair Work Act 2009 & Regulation 2009
- Federal Discrimination Acts &/or Regulations for: Age, Disability, Race, Sex & Religious Belief
- Childrens Services Modern Award
- Workplace Health & Safety Act & Regulations
Federal Legislation Acts & Regulations can be found at www.comlaw.gov.au
Queensland State Legislation Acts & Regulations can be found at www.legislation.qld.gov.au/Acts_SLs/Acts_SL.htm