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Particular licensing matters

Licensed centre based services includes long day care centres, kindergartens, school age care services, occasional care services and limited hours care services.

Licensed capacity

All licences for centre based services include a condition specifying the maximum number of children cared for at the centre at any one time (the 'licensed capacity'). For centre based services other than school age care services, the licensed capacity cannot exceed 75 (section 32 of the Act).

The Act does not specify a maximum licensed capacity for school age care services.

A number of factors are considered when deciding the licensed capacity for a centre based service, including a school age care service. These include:

the space and facilities available⁶
whether any other children use the space and facilities
whether the licensed capacity has previously been exceeded.

Section 32(5) of the Act allows the licensed capacity to be set at greater than 75 for a total period of two hours each day. Licensees wishing to apply for this type of condition to be included on their licence must demonstrate on application, why the capacity should be greater than 75 and the safeguards they propose putting in place to ensure that the safety and suitability of the care is maintained at all times. Staff: child ratios must comply during this time.

Emergency care

The Child Care Act 2002 provides for emergency care (section 33).

As a safeguard, the total number of children receiving emergency care must not be more than one child or sibling group. In addition, emergency care cannot have been provided on the previous day to that child or sibling group. The licensee must also display a notice for parents stating the number of children being cared for is more than the service's licensed capacity because emergency care is being provided. The Regulation also imposes record keeping requirements on the licensee in relation to emergency care.

Standard requirements

Under section 61 of the Child Care Act 2002 a licensee for a centre based care service must comply with the 'standard requirements' about caring for children in groups and staffing. The 'standard requirements' are contained in the Child Care Regulation 2003 (the Regulation), and include provisions requiring children to be cared for in groups, and:

specify age restrictions for groups
the maximum number of children permitted in a group
the minimum number of qualified staff members for each group.

The standard requirements apply at all times the service is being conducted on a day between the hours of 5 am and 10 pm. If a service is being conducted between the hours of 10.00 pm on a day and 5.00 am the next day (for example, overnight care), the requirements applying to the service during this period are those stated in its licensing conditions.

School age care

To hold a licence, school age care services have to satisfy a range of requirements such as ensuring:

safe and suitable play equipment
indoor and outdoor space for a range of planned activities
materials such as books and craft
safe play areas
somewhere to relax
readily accessible toilets
the specified number of staff for the number of children
all staff have prescribed notices (blue cards)
staff complete appropriate studies
there are procedures for staff to follow.

Licensing also requires services to develop and regularly review policies on a number of matters such as:

hygiene practices
dealing with injuries, illness and infectious diseases
safety, emergency and evacuation procedures.

Rest periods

Under section 63 of the Act, a licence condition for a centre based service (except for a school age care service) may provide for one or more periods during a day, totalling not more than two hours during the day, to be rest periods for the service.

This condition can be requested by way of an application under the Act for a licence or for the amendment of a licence.

In deciding whether to include a licence condition providing for a rest period and, if so, in deciding the timing and length of a rest period, the department must have regard to:

the ages of the children in care and the times they will ordinarily be resting
the licensed capacity of the service
how the physical layout of the child care centre allows for the adequate supervision of the children
the staffing arrangements for the service
the information given to parents and guardians about the staffing arrangements
another matter prescribed under a regulation.

The Regulation further details staffing requirements during a rest period:

centres are allowed to vary their staffing levels during designated rest periods to use unqualified adult relief carers to cover multiple rooms rather than having to backfill each worker. The relief carer must have a role statement and be expected to be actively working between the rooms
during the period of the variation the director or assistant director must be present but could fill the position of the relief carer
depending on the licensed capacity of the service different numbers of relief carers would be required. For services with a licensed capacity:
- up to 30 - 1 relief carer
- over 30 and up to 75 - 2 relief carers
- over 75 - 3 relief carers
- where a group includes a child aged less than 2 years, no variation to staffing levels would be allowed.

for example, a school age care service must have a combined area of 15.25m² for each child of the licensed capacity of which not less than 3.25m² is indoor play space and not less than 7m² is outdoor space. (This requirement is contained within the new building standards that will form part of the Standard Building Regulation).
as defined - refer to Schedule 2 of the Act

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Last updated: 23 June 2008.