New South Wales Consolidated Regulations

EDUCATION AND CARE SERVICES NATIONAL REGULATIONS - REG 104

104 Fencing

(1) The approved provider of an education and care service must ensure that any outdoor space used by children at the education and care service premises is enclosed by a fence or barrier that is of a height and design that children preschool age or under cannot go through, over or under it.

Penalty: $2200.

(2) This regulation does not apply to a centre-based service that primarily provides education and care to children over preschool age.

(3) This regulation does not apply in respect of a family day care residence or a family day care venue if all the children being educated and cared for at that residence or venue as part of a family day care service are over preschool age.

Note--: A compliance direction may be issued for failure to comply with this regulation.