Education (Care of Children) Amendment Bill

1. Title

This Act may be cited as the Education (Care of Children) Amendment Act 2020.

2. Commencement

This Act comes into force on 1 January 2021.

3. Purpose

The purpose of this Act is to increase the quality and accessibility of services in respect of early childhood education and playgroups.

Part 1 - Amendments to the Education (Early Childhood Services) Regulations 2008

4. Principal Regulations amended

This Part amends the Education (Early Childhood Services) Regulations 2008 (the principal Regulations).

5. New regulations inserted following regulation 13

Insert the following new regulations:

13A. Grant of full licences with extraordinary conditions

(1) Subject to regulation 14, the Secretary must grant a full licence with extraordinary conditions for an early childhood service if, and only if, satisfied on reasonable grounds that—

• (a) all the conditions outlined in regulation 13 are adhered to; and

• (b) the principal caregivers and the applicant have undertaken the training as mandated by this regulation.

(2) The Minister, upon the advice of the Secretary, must prescribe qualifying training which fulfills the requirement of subclause (1)(b) for caregivers and the applicant.

(3) A licence with extraordinary conditions allows the holder to be exempt from the requirements described in Schedule 2, despite other provisions.

14. Duration of full licence

(1) Subject to regulation 37(3), every full licence remains in force until the date of expiry specified in the licence.

(2) The date referred to in subclause (1) must not be later than the expiry of 6 years after—

• (a) the date of issue of the full licence; or

• (b) if the licence holder previously held a probationary or transitional licence, the date of issue of whichever of those licences was previously held.

(3) Despite subclause (2), a full licence with extraordinary conditions must not be later than 3 years after—

• (a) the date of issue of the full licence; or

• (b) if the licence holder previously held a probationary or transitional licence, the date of issue of whichever of those licences was previously held.

6. Regulation 46 amended (Health and safety practices standard: general)

Insert a new subclause (3):

(3) The requirement within subclause (1)(a) shall be construed to promote a good environment for the development of children, including appropriate temperatures and sufficient clean space.

7. Schedule 4 amended (Activity spaces (minimum))

(1) Substitute “2.5” with “4”.

(2) Substitute “5” with “7”.

Part 2 - Amendments to the Education (Playgroups) Regulations 2008

8. Principal Regulations amended

This Part amends the Education (Playgroups) Regulations 2008 (the principal Regulations).

9. Regulation 21 amended (Health and safety practices standard)

Substitute (b) with the following:

• (b) ensure all practicable steps are taken to eliminate, isolate, or minimise hazards to children attending the playgroup; and

General policy statement

This bill adjusts regulations on early childhood education provision and playgroups. The current standards have been described as being weak in terms of facility and health and safety control. At the same time, there remains relatively low professionalisation within the sector and carer-to-child ratios as they currently exist have been simply inherited from the 1960s. The Government believes that facility and health standards must improve and that the sector should be professionalised with greater flexibility given to trained carers as seen in countries like Norway or Sweden.

Section by section analysis

Section 1 is the Title section.

Section 2 is the Commencement section. This legislation commences on 1 January 2021 to afford time to adjust to the new standards.

Section 3 is the Purpose section.

Section 4 identifies the Education (Early Childhood Services) Regulations 2008 as the principal Regulations within Part 1.

Section 5 inserts new regulations on licensing. It mandates that licences automatically expire every 6 years at most, unless it is a 'full licence with extraordinary conditions' where the duration is 3 years. A 'full licence with extraordinary conditions' allows professionalised and trained centres to care for more children outside of the bounds of Schedule 2 requirements for child ratios. There are provisions made to allow the Minister to prescribe standards of training to fulfill that requirement.

Section 6 inserts a new mandate to ensure that facilities take into account environmental factors such as space and heating when adhering to their duties to promote good health.

Section 7 amends the minimum space per child requirements to see them increased to levels seen in internationally comparable jurisdictions.

Section 8 identifies the Education (Playgroups) Regulations 2008 as the principal Regulations within Part 2.

Section 9 inserts a stricter health and safety requirement for playgroups, mandating that 'all practicable steps' are taken rather than those which are merely 'reasonably practicable'.

B.322 - Education (Care of Children) Amendment Bill was authored by /u/SoSaturnistic (Labour) and is sponsored by the Minister of Education, /u/Frod02000 (Greens), on behalf of the government.

Debate will conclude at 6 PM, 15/09/2020.