Licensing criteria for home-based ECE services
Section 10 of the Education and Training Act 2020(external link) defines home-based ECE services as the provision of education or care, for gain or reward, to fewer than 5 children under the age of 6 (in addition to any child enrolled at school who is the child of the person who provides education or care) in:
- their own homes
- the home of the person providing education or care
- any other home nominated by the parents of the children.
These services are licensed in accordance with the Education and Training Act 2020 under the Education (Early Childhood Services) Regulations 2008(external link), which prescribe minimum standards that each licensed service must meet. Licensing criteria are used to assess how the services meet the minimum standards required by the regulations.
For each criterion there is guidance to help services meet the required standards.
The publication of the criteria on its own can be downloaded as a PDF [PDF, 1.6 MB] and printed.
The licensing criteria were last updated in January 2021.
HS33 Incident notification to the Ministry of Education
Where there is a serious injury or illness or incident involving a child while at the service that is required to be notified to a specified agency, the service provider must also notify the Ministry of Education at the same time.
A copy of the notification sent to the specified agency.
A specified agency is any government agency or statutory body that a service provider is required to notify if there is a serious (or as defined) injury, illness, incident or allegation.
This may include but is not limited to:
- the New Zealand Police;
- the Ministry of Health;
- Oranga Tamariki;
- WorkSafe New Zealand(external link);
- the Teaching Council(external link), and
- Office of the Privacy Commissioner(external link)
The Ministry and WorkSafe have produced a flowchart [PDF, 74 KB] to show what you need to do when there is a notifiable event at your service.
The Health and Safety at Work Act 2015 (HSWA) requires you to notify Worksafe of fatalities, serious injuries and illnesses that happen to workers and others as a result of work. Worksafe has detailed information about making a notification here(external link). For early learning services, "others" includes children, parents and visitors.
Make a notification of a child's serious injury or illness if it:
- is a serious injury or illness which occurred as a result of work activity and
- needs immediate admission to hospital or
- needs treatment by a doctor within 48 hours of exposure to a substance.
Examples of an injury or illness occurring as a result of a work activity include, but aren't limited to, a child:
- falling from a height during a nappy change
- ingesting a cleaning product that wasn't stored securely
- sustaining a serious injury from play equipment
A copy of the notification sent to the specified agency is required to be sent to the Ministry of Education.