New South Wales Consolidated Regulations

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EDUCATION AND CARE SERVICES NATIONAL REGULATIONS - REG 299F

Educator to child ratios when educator, early childhood teacher or suitably qualified person on rest pause

299F Educator to child ratios when educator, early childhood teacher or suitably qualified person on rest pause

(1) A centre-based service is taken to meet the relevant educator to child ratio while an educator, early childhood teacher or suitably qualified person is on a rest pause if--
(a) the rest pause is not more than 10 minutes duration; and
(b) the educator, early childhood teacher or suitably qualified person has not already taken more than one rest pause that day; and
(c) there is a specified person present at the education and care service premises during the rest pause who is--
(i) not working with children; and
(ii) able to attend to children immediately if required; and
Note : The person may be the educator, early childhood teacher or suitably qualified person who is taking the rest pause.
(d) only one educator, early childhood teacher or suitably qualified person counted in the relevant required educator to child ratio is absent on a rest pause at any one time; and
(e) if the centre-based service has a rest period condition, the educator, early childhood teacher or suitably qualified person does not take the rest pause during a rest period.
(2) During a rest pause taken by an educator, early childhood teacher or suitably qualified person in accordance with subregulation (1), the centre-based service is taken to meet the relevant qualification requirements for educators.
(3) In this regulation, a reference to an early childhood teacher includes--
(a) a reference to an early childhood teacher who is counted as an educator in calculating the educator to child ratio of the service; and
Note: An early childhood teacher cannot be counted as an educator in calculating the educator to child ratio unless the teacher is working directly with children--see regulation 122.
(b) a reference to a person who is taken to be an early childhood teacher or a second early childhood teacher under regulation 135(1) or (2).
(3A) In this regulation, a reference to a suitably qualified person includes a reference to a person who is taken to be a suitably qualified person under regulation 135(2).
(4) In this regulation--

"qualification in a relevant area of study" means a qualification published under regulation 137(2) in a list of approved qualifications for Queensland in one of the following areas of study--
(a) early childhood education and care;
(b) nursing, physiotherapy, occupational therapy, diversional therapy or speech pathology;
(c) primary, secondary or special education;
(d) human welfare studies and services;
(e) behavioural science;
(f) sport and recreation;
(g) creative arts, fine arts, drama or music;
(h) community services;

"specified person" means--
(a) a staff member or volunteer who is at least 18 years of age; or
(b) a staff member or volunteer who is at least 17 years of age and who holds or is actively working towards one of the following qualifications--
(i) unless subparagraph (ii) applies, an approved certificate III level education and care qualification;
(ii) if the centre-based service educates and cares only for children over preschool age--
(A) a certificate III or IV in community services under the Australian Qualifications Framework; or
(B) a 1 year qualification in a relevant area of study; or
(C) a qualification that is higher than a qualification referred to in sub-subparagraph (A) or (B).



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