New South Wales Consolidated Regulations

EDUCATION AND CARE SERVICES NATIONAL REGULATIONS - REG 135

135 Illness or absence of early childhood teacher or suitably qualified person

(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 regulations 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.