New South Wales Consolidated Regulations

EDUCATION AND CARE SERVICES NATIONAL REGULATIONS - REG 124

124 Number of children who can be educated and cared for--family day care educator

(1) A family day care educator must not educate and care for more than 7 children at a family day care residence or approved family day care venue at any one time.

(2) In determining the number of children who can be educated and cared for by a family day care educator for the purposes of subregulation (1)--

(a) no more than 4 can be preschool age or under; and

(b) if the children are being educated and cared for at a residence, the educator's own children and any other children at the residence are to be taken into account if--

(i) those children are under 13 years of age; and

(ii) there is no other adult present and caring for the children.

(3) No more than 7 children can be educated and cared for as part of a family day care service at a family day care residence or an approved family day care venue at any one time.

(4) Subregulation (3) does not apply to children visiting a family day care residence or an approved family day care venue as part of an excursion.

Note--: A visiting family day care educator must do a risk assessment for the excursion under regulation 100.

(5) Despite subregulations (1) to (4), the approved provider of a family day care service may approve, in writing, a family day care educator to educate and care for more than 7 children, or more than 4 children who are preschool age or under, at any one time, in exceptional circumstances.

(6) For the purposes of subregulation (5), exceptional circumstances exist if--

(a) all the children being educated and cared for by the family day care educator are siblings in the same family; or

(b) a child to be educated and cared for is determined to be in need of protection under a child protection law and the family day care educator is determined to be the best person to educate and care for the child; or

(c) the family day care residence or approved family day care venue is in a rural or remote area and no alternative education and care service is available.