New South Wales Consolidated Regulations

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EDUCATION AND CARE SERVICES NATIONAL REGULATIONS - REG 123

Educator to child ratios--centre-based services

123 Educator to child ratios--centre-based services

(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)--1 educator to 11 children;
(d) for children over preschool age, 1 educator to 15 children.
(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.
Examples :
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.
(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 subsection (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.
Note : The Education and Care Services National Regulations 2012 of Western Australia include an extra subregulation before subregulation (1) as follows--
"(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--:
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.".



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