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PUBLIC HEALTH REGULATION 2012 - REG 44A Exemptions from pre-enrolment requirements relating to child care facilities

PUBLIC HEALTH REGULATION 2012 - REG 44A

Exemptions from pre-enrolment requirements relating to child care facilities

44A Exemptions from pre-enrolment requirements relating to child care facilities

(1) For the purposes of section 87(3) of the Act, the principal of a child care facility is not required to comply with section 87(1) of the Act before enrolling, or permitting the enrolment of, a child at the child care facility if--
(a) the child is enrolled in a school, or
(b) the child is subject to a guardianship order under section 79A of the Children and Young Persons (Care and Protection) Act 1998 or is in out-of-home care (within the meaning of that Act), or
(c) the child is being cared for by an adult who is not the child's parent due to exceptional circumstances such as illness or incapacity, or
(d) the child has been evacuated from the child's place of residence because it is in a part of the State in which a state of emergency is declared to exist under the State Emergency and Rescue Management Act 1989 , or
(e) the child is an Aboriginal or Torres Strait Islander (within the meaning of the Children and Young Persons (Care and Protection) Act 1998 ).
(2) However, in the case of a child referred to in subclause (1)(b), (c), (d) or (e), the principal of a child care facility must take all reasonable steps to ensure that the parent of the child, or the principal of another child care facility, provides the certificate or certificates referred to in section 87(1) of the Act, in respect of the child, within 12 weeks after the date on which the child is enrolled in the facility.