EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 108
EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 108
108 . Space requirements — outdoor space
(1) This regulation
does not apply in respect of a family day care residence.
(2) The approved
provider of an education and care service must ensure that, for each child
being educated and cared for by the service, the education and care service
premises has at least 7 square metres of unencumbered outdoor space.
Penalty: $2000.
(3) In calculating the
area of unencumbered outdoor space required, the following areas are to be
excluded —
(a) any
pathway or thoroughfare, except where used by children as part of the
education and care program;
(b) any
car parking area;
(c) any
storage shed or other storage area;
(d) any
other space that is not suitable for children.
(4) A verandah that is
included in calculating the area of indoor space cannot be included in
calculating the area of outdoor space.
(5) An area of
unencumbered indoor space may be included in calculating the outdoor space of
a service that provides education and care to children over preschool age
if —
(a) the
Regulatory Authority has given written approval; and
(b) that
indoor space has not been included in calculating the indoor space under
regulation 107.
(6) In this regulation
a reference to a child does not include —
(a) a
child being educated or cared for in an emergency in the circumstances set out
in regulation 123(5); or
(b) an
additional child being educated or cared for in exceptional circumstances as
set out in regulation 124(5) and (6).
Note for this regulation:
A compliance direction
may be issued for failure to comply with subregulation (2).
[Regulation 108 amended: Gazette 13 Dec 2013
p. 6159.]