Changes to the Children Services Act 1996 & Children Services Regulations 2009

On 25 May 2009 the amended Children’s Services Act 1996 (Act) and the new Children’s Services Regulations 2009 (Regulations) commenced.

The Act amendments are part of the Victorian Government’s five-year agenda for learning and development from birth to adulthood, set out in the Blueprint for Education and Early Childhood Development. The Blueprint advocates that all children should have access to high quality learning experiences integrated with care wherever they are, including for the first time, in outside school hours care and family day care services.

The following table provides a brief summary of the transitional provisions outlined above. Separate guidance regarding the provisional licence periods for OSHC and FDC services is available on the Department’s website.

Regulatory requirement

Transitional date to comply

Transitional date applies to

Child/staff ratios for standard services (1:4 for children aged under 3 years)

1 January 2012

A children’s service that was licensed before 25 May 2009 or that had applied for an approval in principle or a licence by that date

Qualified child/staff ratios for standard services (1:12 for children aged under 3 years)

1 January 2012

A children’s service that was licensed before 25 May 2009 or that had applied for an approval in principle or a licence by that date

Employment of a degree-qualified teacher in a standard service

1 January 2014

A children’s service that was licensed before 25 May 2009 or that had applied for an approval in principle or a licence by that date

Minimum age for staff of 18 years or above

1 January 2012

Staff members as of 24 May 2009 at a children’s service that was licensed before 25 May 2009 or that had applied for an approval in principle or a licence by that date

Minimum training for staff members

1 January 2014

A children’s service that was licensed before 25 May 2009 or that had applied for an approval in principle or a licence by that date, except for a limited hours type 1 service

All OSHC services

Commencement of minimum training for staff members in limited hours type 1 services

1 January 2010

Limited hours type 1 services

Minimum training for family day carers

1 January 2012

FDC services

First aid and anaphylaxis management training for all staff members and family day carers 1

By 1 January 2012 and every three years thereafter

All services

Only school aged children permitted to attend OSHC services

1 January 2010

OSHC services that cared for up to 4 children who were not school children before 25 May 2009 and that continue to care for no more than 4 children who are not school children (until 1 January 2010)

 DEECD http://www.eduweb.vic.gov.au/edulibrary/public/earlychildhood/licensed/transarrange.pdf  retrieved 16.5.10