EDUCATION AND CARE SERVICES NATIONAL REGULATIONS - REG 335
Transitional provision--educator to child ratios--Regulatory Authority may continue to exempt family day care service
EDUCATION AND CARE SERVICES NATIONAL REGULATIONS - REG 335
Transitional provision--educator to child ratios--Regulatory Authority may continue to exempt family day care service
335 Transitional provision--educator to child ratios--Regulatory Authority may
continue to exempt family day care service
(1) This regulation applies until
31 December 2019.
(2) The Regulatory Authority may grant an exemption from
regulation 124 to an approved provider of a family day care service in respect
of a specified family day care educator if--
(a) all children being educated
and cared for by the family day care educator are of the same family; or
(b)
no more than 8 children are being educated and cared for by the family day
care educator and the Regulatory Authority is satisfied that special
circumstances exist; or
(c) an exemption applies under regulation 334 in
respect of that family day care educator and an extension to that exemption is
sought.
(3) An exemption granted under subregulation (2) will only apply--
(a) in the case of an exemption under subregulation (2)(a)--to children of the
family; or
(b) in the case of an exemption under subregulation (2)(b) or (c),
to the children being educated and cared for by the family day care educator
at the time the exemption is granted.
(4) An exemption granted under
subregulation (2) may be subject to any conditions the Regulatory Authority
thinks fit.
(5) If an exemption is granted under subregulation (2), from the
day it is granted until the earlier of any expiry date specified in the
exemption or 31 December 2019--
(a) the exemption is taken to be a condition
on the family day care service approval; and
(b) regulation 124 does not
apply in relation to the educator specified in the exemption.
