Regulation 126(1)(b) does not apply in relation to an educator in a centre-based service who—
(a) had been employed—(i) full-time and continuously as a staff member at a licensed children’s service or outside school hours care service for a period of at least 5 years immediately preceding 25 May 2009; or(ii) at least part-time and continuously as a staff member at a licensed children’s service or outside school hours care service for a period of at least 10 years immediately preceding 25 May 2009; and
(b) before the scheme commencement day completed a professional development course approved by the Secretary under the Children’s Services Regulations 2009 of Victoria.