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At the time of writing this article, the Australian Childcare Alliance (ACA) NSW actually does not know the specifics of the proposed regulatory amendments for the safe transportation of children that services must implement beginning 1 October 2020. ACA NSW has asked for the specific text for the abovementioned regulations as well as the corresponding Regulatory Impact Statements, especially after the NSW Productivity Commission's concerns about how new and amended regulations are considered by NSW Government departments.

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According to the NSW Department of Education's communique on 21 August 2020 at 3.54 pm, the new requirements for the safe transportation of children relate to:

  • policy and procedures;
  • risk assessment; and
  • written authorisations.

More specifically, the new regulations will appear as Regulations 102B, 102C, 102D, and 168(2)(ga) for new transport provisions. There will also be amendments to the existing Regulations 100, 101(2)(d), and 102(4) for excursion provisions.

ACA NSW has written to the NSW Minister for Education and Early Childhood Learning (the Hon Sarah Mitchell MLC) asking for the planned amendment text as well as the NSW Government's Regulatory Impact Statement.

In the meantime, ACECQA has published a detailed information sheet which explains the new requirements and changes and provides links to new risk assessment templates. That said, the specific regulatory information remains unavailable until they are published as a regulatory amendment via the NSW Government legislation website.

Notwithstanding, services are encouraged to be vigilant about these proposed changes anticipated to become in effect from 1 October 2020.

PUBLISHED: 24 AUGUST 2020