The Children's Services Regulation 2004 - what it means
The Children’s Services Regulation 2004 came into effect on 30 September 2004. It was developed following extensive review and consultation with child care providers and other stakeholders.
The Children’s Services Regulation 2004 replaces the Centre Based and Mobile Child Care Services Regulation (No 2) 1996 and the Family Day Care and Home Based Child Care Services Regulation 1996.
See the fact sheet and letter sent to service providers explaining the changes in the new Regulation. Also see the Regulation and licensing FAQs page for more information.
There are new application forms for prospective child care providers under the Children’s Services Regulation 2004. A form is also provided for applications for an authorised supervisor or temporary supervisor under the new Regulation.
If you are an existing licensed child care provider whose licence expires after 31 December 2005, you should use the appropriate new form when applying for a further licence under the new Regulation.
If your current licence expires on or before 31 December 2005 you should contact your CSA for the correct form and process to follow.
When will the new regulation affect licensed child care providers?
Existing children’s service providers have a 15-month transition period before the new Regulation fully takes effect. This means that your licence retains the same conditions until 1 January 2006.
You will have to apply for a new licence if your current licence expires before 1 January 2006, but you will not have to meet Parts 3-7 of the regulation, which cover the physical and operating arrangements of services, until 1 January 2006.
All other Parts of the new Regulation, such as processes for seeking a further licence, will apply from the time you are granted your new licence.
The 2004 Regulation requires existing licensees to lodge an application for a new licence six months before the current licence expires. For example, if your current licence expires on 5 February 2006, you will need to lodge your licence application by 5 August 2005.
As of 1 January 2006, licencees will be required to comply with all the terms of the new Regulation - except for any conditions in relation to physical space which are subject to savings provisions (see the fact sheet). The only general exception to this is the requirement for a separate sleeping area for under twos, which comes into effect on 1 January 2008.
New licensees are subject to all the requirements of the new Regulation from 30 September 2004.
Also on 30 September 2004, the children's services aspects of the Children (Care and Protection) Act 1987 were replaced by Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998.
See our legislation page for details of both the 1987 and 1998 Acts.
Guide to children's services licensing
A complete guide to the licensing process has been developed to help you through the process of applying for a licence and setting up a children's service. See the Guide to children's services licensing for more information.
Other relevant policies for children's services:
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