New South Wales Consolidated Regulations

CHILDREN'S SERVICES REGULATION 2004 - REG 58

58 Number of children

(1) Centre based or mobile children’s service Subject to clause 59, the number of children who may attend a centre based or mobile children’s service at any one time while a service is being provided must not exceed the number of children specified in the licence for the service unless the Minister otherwise approves in a particular case.

(2) The maximum number of children that may be so specified is 90, of whom:

(a) no more than 30 may be children under the age of 2 years, and

(b) no more than 60 may be children of or above the age of 2 years, but under the age of 6 years, who do not ordinarily attend school.

(3) Family day care children’s service The licensee of a family day care children’s service must ensure that the number of children for whom a service is provided by any family day care carer of the service (including children related to the carer) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.

(4) Home based children’s service The licensee of a home based children’s service must not provide a children’s service for a number of children (including children related to the licensee) that at any one time exceeds 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.