In Focus

Regulatory Spotlight

Plans Assessments 

OSHC services based on school sites

Regulation 25 of the Education and Care Services National Regulations 2021 (National Regulations), states that additional information is required for all proposed centre-based education and care service premises.

Following the introduction of the National Quality Framework in 2012, ECRU made a policy decision to accept site maps and hand drawn maps for OSHC services located on a school site, as this was previously accepted under the prior state law.

Over the years, ECRU has provided OSHC providers clarification about expectations for plans accompanying applications and notifications to be accurate and to scale. However, in recent times ECRU has seen an increase of incorrect plans being provided which has led to Assessment Officers re-measuring spaces to be included on approvals or amendments.

To ensure good regulatory practice, and to ensure the correct measurements are calculated, ECRU is updating the way plans assessments are conducted for OSHC services located on school sites.  Officers will no longer routinely measure spaces to be included in service approvals. It is a legislative requirement that the approved provider ensures that details of the spaces to be included in the service approval application accurately show the amount of unencumbered indoor and outdoor space available.  As required by regulation 25 (1) (b) the provider will need to ensure that these plans are verified by a building practitioner who has the expertise to review building plans and verify measurements. The role of the Regulatory Authority is to then verify that the provided plans accurately reflect the requested approved spaces sighted at the approval visit. 

From 14 October 2024, OSHC services located on a school site seeking:

• an application for service approval,
• an application for amendment of service approval (change of approved number of places), or
• a notification of change of information about an approved service (add or remove approved spaces).

will be required to provide:

• accurate to scale drawings that are labelled and include unencumbered indoor and outdoor measurements;
• a site plan or school map identifying the location of approved spaces; and
• written confirmation from a building practitioner confirming the amount of unencumbered indoor and outdoor play space available.

Written confirmation from a building practitioner should include the building practitioner’s name and qualification.  This may be in a letterhead or an email signature block.  To support providers in seeking verification of measurements and approved spaces from a building practitioner, a Plans Assessment verification of approved spaces for APs form has been developed and is available on the ECRU website.  Guidance about how to use the form is included. 

A registered building practitioner is defined in the National Regulations as:

(a)     a person who is registered as a building surveyor, building inspector or draftsperson under a law of a participating jurisdiction; or

(b)     a person who is registered as an architect under a law of a participating jurisdiction; or

(c)     a person who is licensed as a surveyor under a law of a participating jurisdiction; or

(d)     a person who is licensed or registered as a building certifier under a law of a participating jurisdiction; or

(e)     a person who is accredited under a law of a participating jurisdiction to design buildings that will be used to provide education and care services.

Building practitioners are encouraged to review regulations 107 and 108 of the National Regulations when determining what areas must be excluded when calculating the total amount of unencumbered indoor and outdoor play space available.

Please direct further enquiries to ECRU via email ECRU@communities.wa.gov.au    

Child Safe Organisations Symposium 

The Department of Communities is coordinating a National Principles for Child Safe Organisations Symposium in partnership with sector partners for Children’s Week 2024.

This free event will focus on governance and implementation for CEOs, boards and committee members, and include ways in which organisations can practically implement elements of the National Principles.

The Symposium aims to provide knowledge and experiences on the importance for governance mechanisms to further embed organisational child safe cultures and practices.

Join us on the Level 2 Exhibition Hall at 140 William St Perth, for an afternoon filled with insightful discussions on creating safe environments for children and building capacity in organisations for implementation of the National Principles.

To mark National Child Protection Week, Goodstart Early Learning, the largest early childhood education and care (ECEC) provider in Australia, is sharing its award-winning protective strategies kit, Feel Safe, Be Safe protective strategies with the ECEC sector.

This initiative highlights Goodstart’s commitment to being a Child Safe organisation and preventing, detecting and addressing child abuse, neglect and harm.

The Protective Strategies Kit draws on national and international contemporary best practice and is underpinned by the Early Years Learning Framework (Version 2) and the National Principles for Child Safe Organisations and state-based Child Safe Standards.

To find out more, or download Feel Safe, Be Safe visit Goodstart Feel Safe, Be Safe Protective Strategies.

You have the right to expect that the products you purchase will function properly and safely. If you feel that something is not working as it should, your consumer rights are being ignored, or you believe that something is unsafe, we’re here to help.

Products are monitored by state and territory regulators (including us here at Consumer Protection), meaning potentially unsafe products can be investigated and removed from sale. We also regulate the safety standards for a wide range of products that you purchase.

Young Children’s Product Safety is a priority in WA and nationally (see Australian Competition & Consumer Commission).  Child education and care-based services need to be alert to risks and be able to inform parents, which is why it’s important for you to be updated on emerging product safety concerns. The Product Safety Australia website is a handy resource for information on standards, recalls and bans. You can also register to be notified about the latest product safety news.

Stay updated with ECRU's In Focus newsletter as we will be providing monthly updates on current issues and campaigns about products and children’s safety.  Have a query in the meantime? Call 1300 30 40 54 or email consumer@demirs.wa.gov.au.

Visit Consumer Protection | Department of Energy, Mines, Industry Regulation and Safety (commerce.wa.gov.au) for more information.

A path to universal early childhood education and care
Inquiry report

This inquiry report examines the early childhood education and care (ECEC) sector, including: centre-based day care; preschools; family day care; outside school hours care; and in home care.

This report outlines what a universal ECEC system would look like, and the significant reforms necessary to achieve it. These reforms tackle issues that affect ECEC availability, inclusion, affordability, quality and equity.

The report's recommendations aim to remove barriers to ECEC access and support better outcomes for children and families.

The report was publicly released on 18 September 2024.