What are churches’ legal obligations for child check-in?

This comes with a MASSIVE disclaimer… this is NOT legal advice.

Here’s what I’ve worked out so far…

  • Education and Care Services National Regulations (Regulation 158.1) require that education and care service providers “must ensure that a record of attendance is kept for the service that, (a) records the full name of each child attending the service; and (b) records the date and time each child arrives and departs; and (c) is signed by one of the following persons at the time that the child arrives and departs; (i) the person who delivers the child to the education and care service premises or collects the child from the education and care service premises; or (ii) the nominated supervisor or an educator.”
  • However, the chances are that your church doesn’t need to follow these regulations because Section 5 of the
    Children (Education and Care Services) National Law excludes “a service principally conducted to provide instruction in a particular activity (e.g. religious instruction)”, and further excluded: “a services that provides education and care for no more than 4 weeks per calendar year during school holidays” (as defined in Regulation 5.2.i of the Education and Care Services National Regulations)
  • While that pretty much means you can come up with any check-in and check-out system you want, it would seem appropriate (looking at the Australian Children’s Education and Care Quality Authority Standard) to keep a mobile record of all children present at the current time to readily account for them all in the case of an emergency (e.g. fire, evacuation)