EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 135
EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 135
135 . Illness or absence of early childhood teacher or suitably qualified person
(1A) In this
regulation —
approved education and care qualification
means —
(a) an
approved certificate III level education and care qualification; or
(b) an
approved diploma level education and care qualification; or
(c) an
approved early childhood teaching qualification.
(1) If an early
childhood teacher who is required under regulation 132(1), 133(1)(a) or
134(1)(a) to be in attendance at a centre‑based service is absent from
the centre‑based service because of a circumstance specified in
subregulation (6), the following persons may be taken to be an early
childhood teacher during that absence —
(a) in
any case —
(i)
a person who holds an approved diploma level education
and care qualification; or
(ii)
a person who holds a qualification in primary teaching;
and
(b) in
the case of an early childhood teacher who is required to be in attendance
under regulation 133(1)(a) or 134(1)(a), a suitably qualified person.
(2) If a second early
childhood teacher or a suitably qualified person who is required under
regulation 133(1)(b) or 134(1)(b) to be in attendance at a
centre‑based service is absent from the centre‑based service
because of a circumstance specified in subregulation (6), the following
persons may be taken for the purposes of regulation 133(1)(b) or
134(1)(b) to be a second early childhood teacher or suitably qualified person
during that absence —
(a) a
person who holds an approved diploma level education and care qualification;
(b) a
person who holds a qualification in primary teaching.
(3) An early childhood
teacher required to be in attendance under regulation 132(1), 133(1)(a)
or 134(1)(a) may be replaced in accordance with subregulation (1) for a
maximum of 60 days in any 12 month period.
(4) A second early
childhood teacher or a suitably qualified person required to be in attendance
under regulation 133(1)(b) or 134(1)(b) may be replaced in accordance
with subregulation (2) for a maximum of 60 days in any 12 month
period.
(5) For the purposes
of subregulations (3) and (4), in relation to a part‑time early
childhood teacher, part‑time second early childhood teacher or
part‑time suitably qualified person (as the case requires), 60 days
is to be calculated on a pro rata basis.
(6) For the purposes
of subregulations (1) and (2), the following circumstances are
specified —
(a)
short‑term illness;
(b) the
resignation of the early childhood teacher, the second early childhood teacher
or the suitably qualified person (as the case may be);
(c) a
practicum placement required to be undertaken by the early childhood teacher
or the second early childhood teacher (as the case may be) for an approved
education and care qualification;
(d) a
practicum placement required to be undertaken by the suitably qualified person
for an approved education and care qualification;
(e)
leave.
[Regulation 135 inserted: Gazette
24 Dec 2019 p. 4424‑5; amended: SL 2023/71
r. 14.]