An incursion brings a visitor, such as a performer, animal handler, dental nurse or sports coach, to the service. There is no incursion regulation, but the visitor may stay while children are present only if they are an “authorised person” (for example, they hold a current working with children check) or are under the direct supervision of an educator or other staff member (National Law s 170). Visitors never count in ratios, supervision and harm-and-hazard duties still apply (ss 165, 167), and the activity and any equipment or animals should be risk assessed. In family day care, every visitor signs the visitor record, and no child may be left alone with a visitor (regs 165, 166).
The legal rules for visitors who come in to run an activity: working with children checks, supervision, ratios, risk assessment and what to record.
In every state and territory with a working with children law, section 170 requires the approved provider and the nominated supervisor to ensure that no one remains at the premises while children are being educated and cared for unless they are:
The maximum penalty for the provider is $3,300 for an individual and $17,100 otherwise. For an incursion, the simplest approach is to sight and record the presenter’s check before the session. If they don’t have one, a staff member supervises them directly for the whole visit. The state rules are in working with children check by state.
| Check | Why |
|---|---|
| The presenter’s working with children check, sighted and recorded, or a named staff member assigned to supervise them | s 170 |
| A risk assessment of the activity: equipment set-up, animals (bites, allergies, hygiene), food tastings, noise, crowding and exits | s 167; r 103 safe equipment; the medical conditions policy for allergies |
| Handwashing after animal handling or messy play | r 77; hand hygiene procedure |
| The roster shows ratios are met in every room for the whole session | r 123 |
| Photos taken only on service devices and in line with the digital technologies policy and family consents | digital technologies policy |
| A link to the program, with educators’ observations of the children afterwards | educational program |
Unlike an excursion, an incursion does not need written parent authorisation under regulation 102, because the children do not leave the premises. Many services still tell families in advance, especially for animal visits or food tastings.
In family day care every visitor to the residence or venue while children are in care must sign the visitor record with their arrival and departure times (r 165). No child may be left alone with a visitor (r 166). See family day care residents and visitors.
To remain at the service while children are present without direct supervision, they must be an authorised person under section 170 of the National Law, usually by holding a current working with children check. Otherwise an educator or staff member must supervise them directly.
No. Only educators of the service count toward ratios, so ratios must be met by the service's own educators throughout the incursion.
Regulation 102 authorisation applies to excursions, where children leave the premises. An incursion does not need it, though many services inform families and check allergies for food or animal activities.
No. A regular outing takes children off the premises and is covered by the excursion rules in regulations 100 to 102. An incursion brings a visitor to the service.
WIDEN Law answers National Quality Framework questions with inline citations to the National Law, the Regulations and the NQS, so you can check the source provision yourself.
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