Transportation

Approved providers, nominated supervisors and family day care educators have obligations under the Education and Care Services National Law (Queensland) or the Education and Care Services Act 2013 (ECS Act) to ensure children are adequately supervised at all times, and that every reasonable precaution is taken to protect children from harm and from any hazard likely to cause injury.

Under the National Regulations, approved providers that transport or arrange the transportation of children must ensure their service meets specific transportation requirements.

Approved providers operating services regulated under the National Law should:

1. have an adequate detailed policy and procedure (PDF, 522KB) for the transportation of children
2. have a current transport risk assessment
3. ensure all staff are inducted in the transport policy and procedure and have completed practical training. Training should also occur following any updates to the transportation policy and procedure. The approved provider should ensure that a record of the training is kept at the service for inspection by authorised officers
4. have written authorisation from a parent or other person named in the enrolment record
5. ensure the transport policy and procedure is rehearsed at least quarterly. The approved provider should ensure a record of the rehearsals is kept available for inspection at the service by authorised officers.

These steps guide good practice for all services and whether a service is regulated under the National Law or ECS Act, consideration must be given to ensuring children’s safety while transporting children.

As of 1 March 2023 there are new transportation requirements for centre-based services (PDF, 842KB) that offer, or arrange, regular transportation of children. Refer to Guidance for centre-based services section for detailed information.

Family day care educator requirements

Family day care educators and family day care educator assistants, in consultation with the approved provider and nominated supervisor, may need to consider other safety requirements when transporting children. They must:

• only transport the number of children that can be safely transported in the car
• ensure children are accompanied at all times by a family day care educator or family day care educator assistant when in a vehicle
• ensure vehicles are not accessible to children when not in use.

Additional requirements for all services

Additional and different legislative obligations apply to the provision of all categories of a transportation service, including:

• driver licensing or vehicle operator accreditation
• the safe operation of vehicles including the use of age-appropriate and standardised safety restraints
• vehicle registration and road worthiness.

Everyone travelling in a motor vehicle must comply with the required legislative provisions regarding the use of a child restraints, booster seats or seat belts and ensure that they are properly adjusted and fastened.

Risk assessments for excursions, regular outings and regular transporting (as defined for services under the National Law) that involve motor vehicle transport should include details of the child's restraint needs which, for regular outings and regular transport, may need to be assessed more frequently than every 12 months as the needs of the child may change during this period.

It is the approved provider's responsibility to ensure the health, safety and wellbeing of children by being aware of, and meeting their obligations to children in their service.

This guidance supports centre-based services that offer, or arrange, regular transportation of children to meet the legislated requirements for safe transportation and ensure children's safety at all times. However, it is good practice for every approved provider, nominated supervisor, educator and staff member to apply the new safety requirements for regular transportation to all periods of transportation including single trips.

To help ensure all requirements are met, approved providers should ensure their services use (and adapt for their unique circumstances) ACECQA's Safe Transportation of children safety checklist and regular transportation record form (DOCX, 56KB) every time they transport children.

Before the journey

This guidance includes the steps that must be taken to meet the legislated requirements for when children are embarking at the service premises, however these practices should be followed regardless of the location children are embarking a vehicle to ensure their safety at all times.

1. The approved provider must ensure the attendance record and corresponding roll call list for the vehicle is accurate for the day.
2. The approved provider or nominated supervisor should nominate the person who will be responsible for driving the vehicle (driver) and the person/s who will be responsible for supervising (supervisor/s) the children on the vehicle.

   Note: This recommendation is based on adequate supervision being achieved by at least one supervisor being present in addition to the driver. If the driver is expected to also supervise the children, the service's risk assessment must address how adequate supervision will be provided while the driver has responsibility for driving the vehicle. It is important to ensure that the driver or at least one person who is supervising the children on the vehicle has current first aid, asthma and anaphylaxis qualifications.

3. The approved provider and the nominated supervisor must ensure either the nominated supervisor or a staff member (who is not the driver, but may be a person supervising on the vehicle) isresponsible for children embarking the vehicle at the service premises. This person must:
1. be present when the children embark the vehicle at the service premises
2. account for each child as they embark the vehicle (conduct a head count and roll call as the children enter the vehicle)
3. immediately after the children have embarked the vehicle at the service premises, create a record that:
1. confirms each child who has embarked has been accounted for
2. states how each child has been accounted for
3. states the date and time the record is made
4. states the name and signature of the person responsible for children embarking the means of transport.

ACECQA's Safe Transportation of children safety checklist and regular transportation record form (DOCX, 56KB) provides a template that can be used to create these records.

4. The person supervising and/or driver must ensure all children are secured into their seats meeting the requirements for seatbelts or safety restraints in Queensland.
5. If there is a person supervising the children other than the driver, it is best practice for them to sit at the rear of the vehicle.

During the journey

The journey may include one or more stops, such as collecting children from, or dropping them to their homes. Important vehicle and road safety matters are outlined below and should be followed during the journey:

1. At each stop during the journey, the driver should park the vehicle and turn off its ignition, with consideration given to the duration of the stop and the safety of the other children on the vehicle, particularly in hot weather.
2. The driver or person supervising must secure any child who embarks the vehicle into their seat meeting the requirements for seatbelts or safety restraints in Queensland.
3. If a parent secures their own child on the vehicle, the driver or person supervising still must check to ensure the child is properly secured.
4. Throughout the journey, the driver must drive safely, adhering to all road rules and requirements.

Upon arrival

This guidance includes the steps that must be taken to meet the legislative requirements for when children are disembarking at the service premises, however these practices should be followed regardless of the location children are dis-embarking a vehicle, to ensure their safety at all times. (e.g. on excursions or when arriving at a child's home).

1. The approved provider and the nominated supervisor must ensure either the nominated supervisor or a staff member (who is not the driver, but may be the person supervising on the vehicle) is responsible for children disembarking the vehicle at the service premises. This person must:
1. be present when the children disembark the vehicle at the service premises (if this person is not in the vehicle already, they must be called out to the vehicle while the children are still in the vehicle)
2. account for each child as they disembark the vehicle (conduct a head count and roll call as the children leave the vehicle). Best practice is to escort the children into the service to be signed into the service (and conduct another head count and roll call). Sign in sheets must not be pre-filled. Children should only be signed in upon being seen.
3. once the children have been removed from the vehicle, conduct a thorough search of the vehicle to ensure no children remain on the vehicle. For a bus, this search should include under the seats, in the luggage racks and in any storage areas. Best practice is for the driver of the vehicle to also conduct a thorough search of the vehicle to ensure no children remain on the vehicle, and/or for the person responsible for disembarking the children to also check the vehicle a second time.
4. immediately after the children have disembarked the vehicle at the service premises, create a record that:
1. confirms each child who has disembarked has been accounted for
2. states how each child has been accounted for
3. states that the thorough search of the vehicle has been carried out
4. states the date and time the record is made
5. states the name and signature of the person responsible for children disembarking and searching the vehicle after the children have disembarked.

ACECQA's Safe Transportation of children safety checklist and regular transportation record form (DOCX, 56KB) provides a template that can be used to create these records.

2. If a child is unaccounted for, immediately make all necessary enquiries to establish the child's whereabouts including physical searches of the vehicle, the service, any other relevant location (e.g. the school or park visited) and, if necessary, contact the child's family and/or the police.

When children are collected from or dropped off to their parent or guardian (rather than at the service premises)

• If the child is being collected from or dropped off at home, the parent/guardian must sign the child onto or off the vehicle.
• The driver or the person supervising the children supervisor should check the child off against the vehicle roll list.
• It is best practice to account for children and create records of transportation as per the steps outlined above for regular transportation where children embark and disembark at the service premises.
• It is best practice to always conduct a thorough search of the vehicle prior to parking it at the end of the journey, regardless of whether that is at the service premises or another location, and document that the search has been conducted on a transportation record.

The approved provider, nominated supervisor and family day care educator are responsible for ensuring that all children are adequately supervised at all times, and all reasonable precautions are taken to protect children from harm and from any hazard likely to cause injury.

The following information provides guidance to assist services to ensure children's safety at all times.

Before the journey

1. The family day care educator must ensure that the attendance record is accurate for the day and confirms which children (if any) are currently in care.
2. The family day care educator or family day care educator assistant who is transporting children must conduct a head count and roll call as the children enter the vehicle
3. If both the family day care educator and family day care educator assistant are travelling in the vehicle, a check of the home must be conducted prior to departure to ensure no children are left behind.
4. The family day care educator and/or family day care educator assistant must ensure all children are secured into their seats.
5. The journey can commence once the family day care educator and/or family day care educator assistant confirms that all children are secured and it is safe to leave.

Drop off to or collection from home

1. At each stop during the journey, the family day care educator and/or family day care educator assistant must park the vehicle and turn off the vehicle's ignition.
2. The parent should be waiting with the child so that the family day care educator or family day care educator assistant does not need to leave the vicinity of the vehicle (children must not be left unsupervised at any time).
   Note: There should be a process in place for the family day care educator or family day care assistant to contact the parent of the child they are collecting without the need to leave children unsupervised in the vehicle.
3. If the child is being collected from or dropped off at home, the parent/guardian must sign the child onto or off the vehicle.
4. The family day care educator and/or family day care educator assistant must check the child off against the attendance record while the vehicle is parked.
5. The family day care educator and/or family day care educator assistant must secure the child into their seat. If a parent secures their own child on the vehicle, this must then be checked by the family day care educator and/or family day care educator assistant.
6. The family day care educator and/or family day care educator assistant must only recommence the journey once all children are secured and it is safe to do so.
7. The above process is repeated for each subsequent stop.

Drop off to or collection from school or other location

If the family day care educator and/or family day care educator assistant is dropping off or collecting children from school or an activity that requires them to leave the vehicle and escort the child to that location, the vehicle must be parked.

Children must not be left unsupervised in the vehicle.

All children must accompany the family day care educator or family day care educator assistant. The only circumstance where children do not need to accompany the family day care educator or family day care educator assistant, is where both the family day care educator and family day care educator assistant are present on the journey and one of these adults remains in the vehicle with the children to supervise them.

1. If the child is being collected from or dropped off at school or another location, the family day care educator and/or family day care educator assistant must ensure that the child is safely delivered to this location, and into the care of a specific person (such as the kindergarten teacher) as authorised by the parent.
2. The family day care educator and/or family day care educator assistant (or parent/guardian, or authorised nominee where relevant) completes the attendance record while the vehicle is parked.
3. If children left the vehicle, the family day care educator and/or family day care educator assistant must secure all children into their seats.
4. The family day care educator and/or family day care educator assistant must conduct a roll check and head count to ensure all children are accounted for, before recommencing the journey.
5. The above process is to be repeated for each subsequent stop.

While on an excursion or regular outing to a specific destination (e.g. park, library)

1. When using transport to attend an excursion or regular outing to a specific destination, the family day care educator must follow the steps outlined under 'Before the Journey'.
2. The family day care educator must park the vehicle in a safe location. After exiting the vehicle, the family day care educator must conduct a head count and roll call upon arrival at the destination.
3. The family day care educator must also conduct a visual check of the vehicle after removing all children.
4. When departing, the family day care educator and (if relevant) the family day care educator assistant must secure the children into their seats.
5. The family day care educator must conduct a head count and roll call as the children enter the vehicle.
6. The journey can commence once the family day care educator confirms that all children are secured and it is safe to leave.
7. If a child is unaccounted for, the family day care educator must immediately make all necessary enquiries to establish the child's whereabouts including physical searches of the vehicle and destination and, if necessary, contact the child's family and/or the police.

Upon arrival at the family day care residence

1. The family day care educator and/or family day care educator assistant must park the vehicle in a safe location close to the entry of the family day care residence.
2. The family day care educator and/or family day care educator assistant (with assistance from the family day care educator or family day care educator assistant, if relevant) is required to:
1. remove the children from the vehicle and escorts them inside the residence; and
2. conduct a head count and roll call once inside.
3. keep a signed copy of the roll call which is to be kept for inspection by the Regulatory Authority.
3. Once the children have been removed from the vehicle, the family day care educator and/or family day care educator assistant must conduct a thorough search of the vehicle.
4. If both the family day care educator and family day care educator assistant are present on the day, the party who did not drive the vehicle must conduct a second thorough search of the vehicle.
5. Checks should be marked as completed, signed by the relevant person conducting the check and kept for inspection by the Regulatory Authority.
6. If a child is unaccounted for, the family day care educator must immediately make all necessary enquiries to establish the child's whereabouts including physical searches of the vehicle and residence, any other relevant location (e.g. the school or park visited) and contact the child's family and/or the police.

All ECEC services that are regulated under the National Law and that transport children or arrange transportation of children (other than as part of excursions) must have a specific written transportation policy and procedure (Regulation 168 (2)(ga) of the National Regulations) and it must comply with the requirements for risk assessments and authorisations (Regulations 102A-102D of the National Regulations).

Regardless of whether the service is regulated under the National Law or the ECS Act, it is expected that, in order to effectively manage the risk associated with transporting children, all approved providers draft their own transportation policy and procedure, taking into account the specific context of their own service, the transport they conduct and the essential transport safety steps listed above.

All types of transport that the service conducts should be included in the transportation policy and procedure. For example, if public transport is used, specific details on how the service will manage transporting children on a public bus or train should be covered in the service's transport policy and procedure.

The transport policy and procedure should specifically consider the delivery to and collection from the actual ECEC service premises or other location, as well as how you will ensure that each child is to be accounted for when embarking and disembarking the vehicle.

If the service is providing transport to and from the service (for example, from home to the service and return or from the service to school and return), the approved provider must have a specific transport policy and procedure.

For services that only provide transport as part of an excursion, their excursion policy and procedure needs to address prescribed transport issues, especially regarding risk assessments and authorisations.

No child should ever be signed in at the service premises or other location before they actually arrive at the location and are sighted as being there.

Services must comply with legislative requirements to ensure the safety, health and wellbeing of children when transporting children, including having a current risk assessment and having written authorisation of parent/s or other person/s named in the enrolment record.

Follow ACECQA's policy and procedure guidelines for Safe Transportation of Children (PDF, 522KB) to ensure your service's policies and procedures cover all the requirements.

Approved providers must consider the following legislative requirements of the Education and Care Services National Law (National Law) and the Education and Care Services National Regulations (National Regulations) or the Education and Care Services Act 2013 (ECS Act) and the Education and Care Services Regulation 2013 (ECS Regulation) when conducting risk assessments for the transportation of children in all circumstances:

• ensuring the safety, health and wellbeing of children attending education and care services (section 3 of the National Law/ section 4 of the ECS Act)
• ensuring that every reasonable precaution is taken to protect children being educated and cared for from harm and hazard likely to cause injury (section 167 of the National Law/section 122 of the ECS Act)
• ensuring all children being educated and cared for are adequately supervised at all times that children are in the care of the that service (section 165 of the National Law/section 121 of the ECS Act)
• keeping accurate attendance and enrolment records (regulations 158 to 161 of the National Regulations/regulations 61 to 63 of the ECS Regulation)
• ensuring that a risk assessment is developed and authorisation is provided where children leave the premises and are being transported by the service (forming an excursion, regular outing or regular transportation) (regulations 99 to 102D of the National Regulation/regulations 55 and 56 of the ECS Regulation).

The following elements must be considered when conducting a risk assessment regarding transportation.

Note: Different risk assessments are required for the transport of school-aged children to and from school to a service as compared with the transportation of young children between home and the service.

Centre-based services—transport risk assessment considerations

1. The number of children requiring transport for the planned outing or journey
2. The ages of the children requiring transport. Specifically:
1. Are the children ambulant?
2. Are the children verbal?
3. Do the children require restraints/particular seating?
4. Are there any particular vulnerabilities with any of the children (e.g. anaphylaxis, disability, behavioural or very young)?
3. The length of the journey
4. The configuration of the vehicle (including lines of sight between driver/staff and all children)
5. The configuration of and distance from the carpark to the service
6. How many educators and/or other responsible adults will be required to ensure that active supervision can be achieved and to ensure that children are protected from harm and hazard before, during and after the journey? Particular concern should be paid to the role of the driver, given their primary responsibility for the safe conduct of the vehicle
7. What happens if the usual driver is away?
8. What happens if the parent is not there to receive the child?
9. What happens if children fall asleep?
10. What happens if a child becomes unwell or is injured during the journey?
11. What steps will the approved provider take to ensure that the vehicle is both:
1. adequately ventilated
2. maintained at a temperature that ensures the health, safety and wellbeing of children.

Approved providers must update the risk assessment when the circumstances are not substantially the same for each occasion that the child is transported or it is more than 12 months since the risk assessment was last conducted (Regulations 100 and 102B of the National Regulations). For example:

• Weather conditions (summer versus winter, extreme weather events such as heatwaves, floods and bushfires)
• Changes in routes, for example, due to road works or flooding
• The particular vulnerabilities and numbers of any children requiring transport.
• Delivery to and collection from the locations visited as part of the provision of education and care.

This transportation risk assessment template can be adapted for your specific service.

Family day care—transport risk assessment considerations

1. The number of children requiring transport for the planned outing or journey
2. The ages of the children requiring transport. Specifically:
1. Are the children ambulant?
2. Are the children verbal?
3. Do the children require restraints/particular seating? This may need to be assessed more frequently than the 12 month period for regular outings as children may grow and require different types of restraints as a result.
4. Are there any particular vulnerabilities with any of the children (e.g. anaphylaxis, disability, behavioural or very young that need to be catered for during transport)?
3. The length of the journey
4. The number of stops on the journey and what is to happen during those stops (e.g. All children will accompany the family day care educator into the school to deliver child A to their classroom).
5. Whether anyone else will be transported in the vehicle (e.g. family day care educator assistant and/or other children).
6. The configuration of the vehicle (including the lines of sight between the family day care educator and all children)
7. The location of where the vehicle is parked and the entry to the family day care residence
8. How the family day care educator and/or family day care educator assistant will manage supervision of all children in their care while driving, when dropping off children who may need to be accompanied inside their school or to another activity and at the start and finish of the journey. What checks are required to ensure children are not left behind in the vehicle?
9. What happens if the usual driver is away?
10. What happens if the parent is not there to receive the child?
11. What happens if children fall asleep?
12. What happens if a child becomes unwell or is injured during the journey?
13. What steps will the approved provider, nominated supervisor and family day care educator take to ensure that the vehicle is:
1. adequately ventilated
2. maintained at a temperature that ensures the health, safety and wellbeing of children.
14. Safe delivery to and collection from the different locations visited as part of the provision of education and care.

Note: Family day care educators, in consultation with the approved provider, must update their risk assessment when the circumstances are not substantially the same for each occasion that the child is transported or it is more than 12 months since the risk assessment was last conducted (National Regulation 100 and 102B). For example:

1. Weather conditions (summer versus winter, extreme weather events such as heatwaves, floods and bushfires)
2. Changes in routes, for example, due to road works or flooding
3. The particular vulnerabilities and numbers of any children requiring transport, including where the needs of a child change. Risk Assessments for regular outings and regular transportation may need to be updated more frequently than every 12 months as the needs of young children (for example, appropriate car restraints or seats) may change during this period and require reassessment.

This transportation risk assessment template can be adapted for your specific service.

Authorisation

A child must not be transported by an early childhood service without the written authorisation of the parent or other person named in the child's enrolment record.

Before obtaining authorisation to transport a child, approved providers must complete a risk assessment.

If children are to be transported (not as part of an excursion), regulation 102D(4) of the National Regulations applies and the authorisation must state:

• the child's name
• the reason the child is to be transported
• if the authorisation is for regular transportation, a description of when the child is to be transported
• if the authorisation is not for regular transportation, the date the child is to be transported
• a description of the proposed pick-up location and destination
• the method of transport
• the period of time during which the child is to be transported
• the anticipated number of children likely to be transported
• the anticipated number of staff members and any other adults who will accompany and supervise the children during the transportation
• any requirements for seatbelts or safety restraints under a law of each jurisdiction in which the children are being transported
• that the risk assessment has been prepared and is available
• that written policies and procedures for transporting children are available at the service.

If children will be transported as a part of an excursion, regulation 102(4) of the National Regulations applies and the authorisation for the excursion must also include the following authorisation relating to the transportation:

• for a regular outing, a description of when the child is to be taken on the regular outings
• for an excursion that is not a regular outing, the date the child is to be taken on the excursion
• the means of transport
• any requirements for seatbelts or safety restraints under the law in Queensland

If transportation is occurring under regulation 56(2) of the ECS Regulation, the authorisation must state:

• the child's name
• the reason the child is to be taken outside the premises
• the date the child is to be taken, if it is not a regular outing
• a description of the destination
• the method of transport
• the proposed activities
• the period of time the child will be away
• the anticipated number of children
• the anticipated ratio of educators to the anticipated number of children
• the anticipated number of staff members and any other adults who will accompany and supervise the children
• that risk assessment is available at the service.

If the transportation provided is part of a regular service, the authorisation is only required once every 12 months.

A new authorisation is required if the nature of the transportation changes. Authorisation for transportation may be kept in each child's enrolment record.