169Offence relating to staffing arrangements

169 Offence relating to staffing arrangements

169 Offence relating to staffing arrangements

(1) An approved provider of an education and care service must ensure that, whenever children are being educated and cared for by the service, the relevant number of educators educating and caring for the children is no less than the number prescribed for this purpose.

Penalty—

(a) for an individual—$34,200; or

(b) for a large child care provider—$516,600; or

(c) otherwise—$172,200.

Note—

This penalty is a substituted NSW provision.

(2) An approved provider of an education and care service must ensure that each educator educating and caring for children for the service meets the qualification requirements relevant to the educator’s role as prescribed by the national regulations.

Penalty—

(a) for an individual—$34,200; or

(b) for a large child care provider—$516,600; or

(c) otherwise—$172,200.

Note—

This penalty is a substituted NSW provision.

(3) A nominated supervisor of an education and care service must ensure that, whenever children are being educated and cared for by the service, the relevant number of educators educating and caring for the children is no less than the number prescribed for this purpose.

Penalty—$34,200.

Note—

This penalty is a substituted NSW provision.

(4) A nominated supervisor of an education and care service must ensure that each educator educating and caring for children for the service meets the qualification requirements relevant to the educator’s role as prescribed by the national regulations.

Penalty—$34,200.

Note—

This penalty is a substituted NSW provision.

(5) A family day care educator must ensure that the number of children being educated and cared for by the family day care educator at any one time is no more than the number prescribed for this purpose.

Penalty—$34,200.

Note—

This penalty is a substituted NSW provision.

(6) Subsections (1), (2), (3), (4) and (5) do not apply in respect of an education and care service—