Education and Care Services National Amendment Regulations 2019 (NSW)
Education and Care Services National
Amendment Regulations 2019
under the
Education and Care Services National Law
The Education Council has made the following regulations
under sections 301 and 324 of the Education and Care Services
National Law as applied by the law of the States and Territories.
RICK HARRISON
Secretary
Education Council
11 December 2019
Education and Care Services National Amendment
Regulations 2019
TABLE OF PROVISIONS
| Regulation | Page |
| 1 | Title | 1 |
| 2 | Authorising provisions | 1 |
| 3 | Commencement | 1 |
| 4 | National Regulations | 1 |
| 5 | Definitions | 1 |
| 6 | Meaning of actively working towards a qualification | 2 |
| 7 | Meaning of in attendance at a centre-based service | 2 |
| 8 | Maximum period of suspension of service approval | 2 |
| 9 | Educators must be working directly with children to be | |
| included in ratios | 2 | |
| 10 | Educator to child ratios—centre-based services | 2 |
| 11 | Centre-based services—general educator qualifications | 3 |
| 12 | Requirement for early childhood teacher—centre-based | |
| services—60 to 80 children | 3 | |
| 13 | Requirement for early childhood teacher—centre-based | |
| services—more than 80 children | 4 | |
| 14 | Regulation 135 substituted | 4 |
| 15 | Record of access to early childhood teachers | 5 |
| 16 | Indexation of fees | 6 |
| 17 | Centre-based services in remote and very remote areas— | |
| attendance of early childhood teachers | 6 | |
| 18 | Centre-based services in remote and very remote areas— | |
| qualifications for educators | 8 | |
| 19 | Persons taken to be early childhood teachers | 8 |
| 20 | General qualifications for educators—centre-based services | 8 |
| 21 | Required qualifications to be a qualified educator— | |
| unexpected absence of qualified educator | 9 | |
| 22 | Early childhood teachers—children preschool age or under | 9 |
| 23 | General qualification requirements for educators—children | |
| over preschool age | 10 | |
| 24 | Educator to child ratios when educator or early childhood | |
| teacher on rest pause | 11 | |
| 25 | Access to or attendance of early childhood teacher on rest | |
| pause | 12 | |
| 26 | Educator to child ratios when educator or early childhood | |
| teacher absent for 5 minutes or less | 13 |
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| Regulation | Page |
27 Access to or attendance of early childhood teacher absent for
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| 28 |
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| 29 |
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| 30 |
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| 31 |
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32 Early childhood teachers—pre-kindergarten programme or
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| 34 |
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| Endnotes | 20 |
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Education and Care Services National Law
Education and Care Services National Amendment
Regulations 2019
1 Title
These Regulations may be cited as the Education
and Care Services National Amendment
Regulations 2019.
2 Authorising provisions
These Regulations are made under sections 301
and 324 of the Education and Care ServicesNational Law.
3 Commencement
(1) These Regulations (except regulation 17(3), (4)
and (5)) come into operation on 31 December
2019.
(2) Regulation 17(3), (4) and (5) come into operation on 1 July 2020.
4 National Regulations
In these Regulations, the Education and Care Services National Regulations are called the National Regulations.
5 Definitions
In regulation 4(1) of the National Regulations, in the definition of in attendance, after "teacher" insert "or a suitably qualified person".
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Education and Care Services National Amendment Regulations 2019
6 Meaning of actively working towards a qualification
In regulation 10(b) of the National Regulations—
(a) in subparagraph (ii), before "is making" insert "the educator"; (b) in subparagraph (iii), before "is meeting" insert "the educator".
7 Meaning of in attendance at a centre-based service
In regulation 11 of the National Regulations—
(a) after "early childhood teacher" insert "or a suitably qualified person"; (b) for "the teacher" substitute "the early person".
8 Maximum period of suspension of service approval
In regulation 39 of the National Regulations, for
"sections 72(a)" substitute "sections 72(b)(i)".
9 Educators must be working directly with children to be included in ratios
At the end of regulation 122 of the National
Regulations insert—
"(2) In this regulation, a reference to an educator
includes an early childhood teacher or a
suitably qualified person who is counted as
an educator under regulation 123(3).".
10 Educator to child ratios—centre-based services
In regulation 123(3) of the National
Regulations—
(a)
after "early childhood teacher" insert "or a suitably qualified person";
(b)
for "that teacher" substitute "that early childhood teacher or suitably qualified person".
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Education and Care Services National Amendment Regulations 2019
11 Centre-based services—general educator
qualifications
(1) For regulation 126(3) of the National Regulations
substitute—
"(3) If Division 5 requires an early childhood
teacher to be in attendance at a centre-based
service, that teacher, or a person taken to be
an early childhood teacher under regulation
135(1), is to be counted as meeting the
requirements of subregulation (1)(a).".
(2) After regulation 126(3) of the National
Regulations insert—
"(4) If Division 5 requires a second early
childhood teacher or a suitably qualified
person to be in attendance at a centre-based
service, that person, or a person taken to be a
second early childhood teacher or a suitably
qualified person under regulation 135(2), is
to be counted as meeting the requirements of
subregulation (1)(a).".Note Note 2 at the foot of regulation 126 is to read:
2 An early childhood teacher or a suitably qualified person can be included in determining the number of educators who have an approved diploma level education and care qualification if the early childhood teacher or suitably qualified person is working directly with children.
12 Requirement for early childhood teacher— centre-based services—60 to 80 children
In regulation 133(1)(b) of the National
Regulations, for "another suitably" substitute"a suitably".
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Education and Care Services National Amendment Regulations 2019
13 Requirement for early childhood teacher— centre-based services—more than 80 children
In regulation 134(1)(b) of the National
Regulations, for "another suitably" substitute"a suitably".
14 Regulation 135 substituted
For regulation 135 of the National Regulations
substitute—
"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 short-term illness or
leave, the following persons may be taken to
be an early childhood teacher during thatabsence— (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 short-term illness or leave, the following
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Education and Care Services National Amendment Regulations 2019
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.".
15 Record of access to early childhood teachers
(1) In regulation 152(2) of the National Regulations, after "more" insert "but not more than 59".
(2) After regulation 152(2) of the National
Regulations insert—
"(3) The approved provider of a centre-based
service that provides education and care to
60 or more children preschool age or under
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Education and Care Services National Amendment Regulations 2019
must ensure that a record is kept of the
period that each early childhood teacher andeach suitably qualified person is in
attendance at the service.".
16 Indexation of fees
(1) Regulation 235(1) of the National Regulations is
revoked.
(2) In regulation 235(2) of the National Regulations,
after "paid" insert "under the Law or these
Regulations".
17 Centre-based services in remote and very remote
areas—attendance of early childhood teachers
(1) For regulation 239A(1) of the National
Regulations substitute—
"(1) This regulation applies—
(a) until 31 December 2021, in the case of remote area or very remote area of New South Wales, Queensland, South Australia or Tasmania; and
(b)
until 31 December 2023, in the case of a centre-based service located in a remote area or very remote area of the Northern Territory or Western Australia.".
(2) In regulation 239A(2) of the National Regulations,
for "or 134" substitute ", 134 or 272(1A)".
(3) For regulation 239A(2) of the National
Regulations substitute—
"(2) The centre-based service may meet the
requirements of regulation 132(1) or
272(1A) for attendance of an early childhood
teacher if the service has access to an early
childhood teacher working with the service
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Education and Care Services National Amendment Regulations 2019
at least 20 per cent of the time that the
service provides education and care.
(2A) The centre-based service may meet the
requirements of regulation 133(1) or 134(1)
for attendance of an early childhood teacherif—
(a)
the service has access to an early childhood teacher working with the service at least 40 per cent of the time that the service provides education and care; or
(b) the service has access to—
(i) an early childhood teacher 20 per cent of the time that the service provides education and care; and
(ii) or a suitably qualified person
a second early childhood teacher 20 per cent of the time that the service provides education and care.".
(4) In regulation 239A(3) of the National
Regulations—
(a) for "subregulation (2)" substitute
"subregulation (2) or (2A)";(b)
after "teacher" insert "or suitably qualified person".
(5) In regulation 239A(4) of the National Regulations,
after "teacher" insert "or suitably qualified
person".
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Education and Care Services National Amendment Regulations 2019
18 Centre-based services in remote and very remote
areas—qualifications for educators
For regulation 240(1) of the National Regulations
substitute—
"(1) This regulation applies—
(a) until 31 December 2021, in the case of a centre-based service located in a remote area or very remote area of Queensland, South Australia or Tasmania; and (b) until 31 December 2023, in the case of a centre-based service located in a remote area or very remote area of Western Australia.".
19 Persons taken to be early childhood teachers
(1) For regulation 242(1) of the National Regulations
substitute—
"(1) This regulation applies—
(a) the Australian Capital Territory, New
until 31 December 2021, in the case of Australia or Tasmania; and
(b) until 31 December 2023, in the case of the Northern Territory or Western Australia.".
(2) In regulation 242(3) of the National Regulations, after "267," insert "272(1A),".
20 General qualifications for educators—centre-based
services
In regulation 264(1) of the National Regulations,
for "31 December 2020" substitute "31 December2021".
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Education and Care Services National Amendment Regulations 2019
21 Required qualifications to be a qualified educator—
unexpected absence of qualified educator
In regulation 265 of the National Regulations—
(a) in paragraph (d), for "qualification." substitute "qualification; or"; (b) after paragraph (d) of the National Regulations insert—
"(e) in the case of regulation 264(3)(c) or
(d)—is a suitably qualified person.".
22 Early childhood teachers—children preschool age
or under
(1) In regulation 272(1) of the National
Regulations—
(a)
for "regulations 131 to 134" substitute "regulations 132 to 135";
(b) for "30 or more" substitute "25 or more".
(2) After regulation 272(1) of the National
Regulations insert—
"(1A) If a centre-based service is educating and caring for 25 to 29 children preschool age or
under on a given day, one early childhoodteacher must be in attendance—
(a) for at least 6 hours on that day, if the service operates for 50 or more hours a week; or (b) for 60 per cent of the operating hours of operates for less than 50 hours a week.".
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Education and Care Services National Amendment Regulations 2019
(3) After regulation 272(5) of the National
Regulations insert—
"(6) If an early childhood teacher is absent from a
centre-based service because of short-term
illness or leave, the following persons may
be taken for the purposes of this regulation to
be an early childhood teacher during thatabsence—
(a)
a person who holds an approved diploma level education and care qualification;
(b)
a person who holds a qualification in primary teaching.
(7) An early childhood teacher required to be in
attendance under this regulation may be
replaced in accordance with subregulation
(6) for a maximum of 60 days in any
12 month period.(8) For the purposes of subregulation (7), in
relation to a part-time early childhood
teacher, 60 days is to be calculated on a pro
rata basis.".
23 General qualification requirements for educators—
children over preschool age
(1) In regulation 299(2) of the National
Regulations—
(a) omit "only";
(b) in paragraph (a), after "children" "over preschool age";
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Education and Care Services National Amendment Regulations 2019
(c) in paragraph (b), after "children" insert "over preschool age".
(2) In regulation 299(4) of the National Regulations,
after "children" (where twice occurring) insert
"over preschool age".
24 Educator to child ratios when educator or early childhood teacher on rest pause
(1) In regulation 299F(1) and (2) of the National Regulations, for "educator or early childhood teacher" (wherever occurring) substitute
"educator, early childhood teacher or suitably
qualified person".
(2) For regulation 299F(3) of the National
Regulations substitute—
"(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(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).".Notes 1 The heading to regulation 299F is to read: Educator to child ratios when educator, early
childhood teacher or suitably qualified person on
rest pause
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Education and Care Services National Amendment Regulations 2019
2 The following note is to be inserted at the foot of regulation 299F(3)(a):
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.
3 The note at the foot of regulation 299F(3) is to be deleted.
25 Access to or attendance of early childhood teacher on rest pause
At the end of regulation 299G of the National
Regulations insert—
"(2)
A suitably qualified person is taken to be in attendance at the centre-based service while the suitably qualified person is on a rest
pause if—
(a)
the suitably qualified person's rest pause is not more than 10 minutes duration; and
(b)
the suitably qualified person has not already taken more than one rest pause that day; and
(c)
if the centre-based service has a rest period condition, the suitably qualified person does not take a rest pause during a rest period.
(3) In this regulation—
(a)
a reference to an early childhood teacher includes 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); and
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Education and Care Services National Amendment Regulations 2019
(b)
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).".
Note
The heading to regulation 299G is to read:
Access to or attendance of early childhood teacher or suitably qualified person on rest pause
26 Educator to child ratios when educator or early childhood teacher absent for 5 minutes or less
(1) In regulation 299H(1) and (2) of the National Regulations, for "educator or early childhood teacher" (wherever occurring) substitute
"educator, early childhood teacher or suitably
qualified person".
(2) For regulation 299H(3) of the National
Regulations substitute—
"(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(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).
(4) 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).".
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Education and Care Services National Amendment Regulations 2019
Notes
1 The heading to regulation 299H is to read:
Educator to child ratios when educator, early childhood teacher or suitably qualified person absent for 5 minutes or less
2 The following note is to be inserted at the foot of regulation 299H(3)(a):
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.
3 The note at the foot of regulation 299H(3) is to be deleted.
27 Access to or attendance of early childhood teacher absent for 5 minutes or less
At the end of regulation 299I of the National
Regulations insert—
"(2)
A suitably qualified person is taken to be in attendance at the centre-based service while
the suitably qualified person is absent if—
(a)
the suitably qualified person is absent for not more than 5 minutes; and
(b)
the suitably qualified person is not absent on a rest pause or during a rest period.
(3) In this regulation—
(a)
a reference to an early childhood teacher includes 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); and
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Education and Care Services National Amendment Regulations 2019
(b)
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).".
Note
The heading to regulation 299I is to read:
Access to or attendance of early childhood teacher or suitably qualified person absent for 5 minutes or less
28 Regulation 301 revoked
Regulation 301 of the National Regulations is revoked.
29 Early childhood teachers—preschools
(1) For regulation 324(3) of the National Regulations
substitute—
"(3) On and after 1 January 2014—
(a) to meet the educator to child ratio for
preschool aged children in a
government preschool (other than athe first and second educators required childhood teachers; and
(b) meet the educator to child ratio for
preschool aged children in a
government preschool (other than a
prescribed preschool) must have, or be
actively working towards, at least anany other educators who are required to and care qualification.".
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Education and Care Services National Amendment Regulations 2019
(2) For regulation 324(4) of the National Regulations
substitute—
"(4) On and after 1 January 2014—
(a)
the first and third educators required to meet the educator to child ratio for preschool aged children in a prescribed preschool must be early childhood teachers; and
(b)
any other educators who are required to meet the educator to child ratio for preschool aged children in a prescribed preschool must have, or be actively working towards, at least an approved certificate III level education and care qualification.".
(3) In regulation 324(4A) of the National
Regulations—
(a)
in paragraph (b), for "teaching." substitute "teaching;";
(b) after paragraph (b) insert—
"(c) a suitably qualified person.".
30 Regulation 346 revoked
Regulation 346 of the National Regulations is revoked.
31 Working with children check to be read
(1) In regulation 358(1)(d) of the National
Regulations, after "member" insert "(other than a person in day-to-day charge)".
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Education and Care Services National Amendment Regulations 2019
(2) After regulation 358(1) of the National
Regulations insert—
"(1A) The approved provider of an education and
care service must read, or ensure that a
nominated supervisor has read, a person's
working with children check before the
person is placed as a person in day-to-day
charge of the service.(1B) The approved provider of an education and
care service must read a person's working
with children check before nominating that
person as a nominated supervisor of the
service.".
(3) In regulation 358(4) of the National Regulations,
for "Subregulation (1) does not apply" substitute"Subregulations (1), (1A) and (1B) do not apply".
32 Early childhood teachers—pre-kindergarten
programme or kindergarten programme provided
by a school
For regulation 373(4) of the National Regulations
substitute—
"(4)
An early childhood teacher, or a suitably qualified person if regulation 133 or 134 would otherwise apply, must be in
attendance at all times that children are being
educated and cared for by the programme.".
33 Regulation 384 revoked
Regulation 384 of the National Regulations is revoked.
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Education and Care Services National Amendment Regulations 2019
34 New Part 7.12 inserted
After Part 7.11 of the National Regulations
insert—
"Part 7.12—Transitional and savings provisions—Education and
Care Services National
Amendment Regulations 2019
Division 1—Australian Capital
Territory
404 Application of Division
This Division applies to the Australian
Capital Territory.405 Resignation of suitably qualified person
(1) Regulation 135 applies as if the reasons for
the suitably qualified person to be absent
included resignation.(2) This regulation ceases to have effect on
31 December 2021.Division 2—Queensland
406 Application of Division
This Division applies to Queensland.
407 Resignation of suitably qualified person
(1) Regulation 135 applies as if the reasons for
the suitably qualified person to be absent
included resignation.(2) This regulation ceases to have effect on
31 December 2021.
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Education and Care Services National Amendment Regulations 2019
Division 3—Tasmania
408 Application of Division
This Division applies to Tasmania.
409 Resignation of suitably qualified person
(1) Regulation 135 applies as if the reasons for
the suitably qualified person to be absent
included resignation.(2) This regulation ceases to have effect on
31 December 2021.Division 4—Western Australia 410 Application of Division
This Division applies to Western Australia.
411 Resignation of suitably qualified person
(1) Regulation 135 applies as if the reasons for
the suitably qualified person to be absent
included resignation.(2) This regulation ceases to have effect on
31 December 2021.".
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Education and Care Services National Amendment Regulations 2019
Endnotes
Endnotes
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