Reg 168

Education and care service must have policies and procedures

Education and Care Services National Regulations

Full text

(1) The approved provider of an education and care service must ensure that the service has in place policies and procedures in relation to the matters set out in subregulation (2). (2) Policies and procedures are required in relation to the following— (a) health and safety, including matters relating to— (i) nutrition, food and beverages, dietary requirements; and (ii) sun protection; and (iii) water safety, including safety during any water-based activities; and (iv) the administration of first aid; and (v) sleep and rest for children, including the matters set out in regulation 84B; (b) incident, injury, trauma and illness procedures complying with regulation 85; (c) dealing with infectious diseases, including procedures complying with regulation 88; (d) dealing with medical conditions in children, including the matters set out in regulation 90; (e) emergency and evacuation, including the matters set out in regulation 97; (f) delivery of children to, and collection of children from, education and care service premises, including procedures complying with regulation 99; (g) excursions, including procedures complying with regulations 100 to 102; (ga) if the service transports or arranges transportation of children other than as part of excursions, transportation including procedures complying with Division 7 of Part 4.2 of Chapter 4; (gb) the safe arrival of children who travel between an education and care service and any other education or early childhood service within the meaning of regulation 102AA, including the matters set out in regulation 102AAB; (h) providing a child safe environment, including matters relating to the promotion of a culture of child safety and wellbeing within the service, by having policy and procedures that provide for the following— (i) a commitment that for an action or decision that concerns a particular child, the safety, welfare and wellbeing of the child is paramount; (ii) ensuring requirements for child protection training under the Law, generally, including under section 162A, are met; (iii) a register for child protection concerns; (iv) the reporting decision tree, including the requirement to keep the reporting decision tree in a place accessible by all staff; (v) child protection risk assessments; (vi) day-to-day use of the attendance record required under regulation 158 and other practices to ensure children are accounted for throughout the day; (ha) the safe use of digital technologies and online environments at the service, including— (i) the taking, use, storage and destruction of images and videos of children being educated and cared for by the service; and (ii) obtaining authorisation from parents to take, use and store images and videos of children being educated and cared for by the service; and (iii) the use of any optical surveillance device at the service; and (iv) the use of any digital device issued by the service; and (v) the use of digital devices by children being educated and cared for by the service; (i) staffing, including— (ia) child-safe recruitment practices, including a requirement for reasonable enquiries to be made about whether a prospective staff member at the service is subject to a suspension notice, supervision notice, prohibition notice or enforceable undertaking; and (ib) ongoing child-safe employment practices, including a requirement for reasonable enquires to be made about whether a staff member at the service is subject to a suspension notice, supervision notice, prohibition notice or enforceable undertaking; and (i) a code of conduct for staff members; and (ii) determining the responsible person present at the service; and (iii) the participation of volunteers and students on practicum placements; (j) interactions with children, including the matters set out in regulations 155 and 156; (k) enrolment and orientation; (l) governance and management of the service, including confidentiality of records; (m) the acceptance and refusal of authorisations; (n) payment of fees and provision of a statement of fees charged by the education and care service; (o) dealing with complaints, including matters relating to— (i) the provision of a complaint handling system at the service that is child focused; and (ii) the management of a complaint that alleges a child is exhibiting harmful sexual behaviours.

Forms that help you meet Reg 168

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Reproduced from the Current version for 1 July 2026 consolidation, for information only. This may not reflect the latest amendments — always check the Education and Care Services National Regulations (NSW) for the official current text, and note that each state and territory applies the National Law separately.

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