EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 123

EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 123

123 .         Educator to child ratios — centre‑based services

        (1A)         In this regulation —

        emergency , in relation to a child, means a serious and unexpected short term care emergency that requires the child to be provided with immediate education and care.

        Examples for this subregulation:

        1.         A child is determined to be in need of protection under a child protection order.

        2.         The parent of a child needs urgent health care that prevents them caring for the child.

        (1)         The minimum number of educators required to educate and care for children at a centre‑based service is to be calculated in accordance with the following ratios —

            (a)         for children from birth to 24 months of age — 1 educator to 4 children;

            (b)         for children over 24 months and less than 36 months of age — 1 educator to 5 children;

            (c)         for children aged 36 months of age or over (not including children over preschool age) —

                  (i)         for all participating jurisdictions other than Western Australia — 1 educator to 11 children;

                  (ii)         for Western Australia — 1 educator to 10 children;

            (d)         for children over preschool age, the ratio set out in regulation 369.

        (2A)         Despite regulation 122, if an educator at a centre‑based service is not working directly with children, that educator is counted as an educator at the service for the purposes of this regulation if —

            (a)         the educator is present on the premises of the service; and

            (b)         the educator is available immediately to provide education and care to the children at the service if required; and

            (c)         the period of time during which the educator is not working with children is not more than 30 minutes in a day.

        (2)         If children being educated and cared for at a centre‑based service are of mixed ages the minimum number of educators for the children must meet the requirements of subregulation (1) at all times.

        (3)         If an early childhood teacher or a suitably qualified person is required under Division 5 to be in attendance at a centre‑based service, subject to regulation 122 that early childhood teacher or suitably qualified person is counted as an educator at the service for the purposes of this regulation.

        (4)         If a centre‑based service is required under regulation 130 or 131 to have access to an early childhood teacher for a period, subject to regulation 122 that teacher is counted as an educator at the service for the purposes of this regulation.

        (5)         In subregulations (1) and (2) a reference to children does not include a child who is, or 2 or more children from the same family who are, educated and cared for at a centre‑based service in an emergency for a period of not more than 2 consecutive days on which the service operates.

        (6)         An approved provider of a centre‑based service must not permit an additional child or additional children to be educated and cared for at the service in an emergency in the circumstances set out in subregulation (5) unless the approved provider is satisfied on reasonable grounds that this will not affect the health, safety and wellbeing of all the children attending the service.

        (7)         Despite subregulations (1) and (2), for the purposes of determining the minimum number of educators required under this regulation, a child of a certain age is to be treated as up to 6 months older or 6 months younger than the child’s actual age if —

            (a)         the approved provider or, if the approved provider is not an individual, the nominated supervisor, of the service —

                  (i)         is satisfied on reasonable grounds that it is developmentally appropriate for the child to be so treated; and

                  (ii)         makes and keeps a record of that decision;

                and

            (b)         a parent of the child has agreed with that decision and has signed the record of the decision to indicate that agreement.

        Notes for this regulation:

        1.         This regulation differs from regulation 123 of the national regulations made by the Ministerial Council.

        2.         For other WA specific provisions, see regulation 372.

        [Regulation 123 amended: Gazette 5 Mar 2013 p. 1108; 13 Dec 2013 p.   6160‑1; 3 Jul 2015 p. 2667‑8; 28 Sep 2018 p. 3626; 24 Dec 2019 p. 4423.]