109Offence relating to staffing arrangements

109 Offence relating to staffing arrangements (1) An approved provider of a children's 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. (2) An approved provider of a children's 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 regulations. (3) A nominated supervisor of a children's 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. (4) A nominated supervisor of a children's 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 regulations. (5) Subsections (1), (2), (3) and (4) do not apply in respect of a children's service— (a) to the extent that it holds a temporary waiver under Division 6 of Part 3 in respect of this requirement; or (b) to the extent that it holds a service waiver under Division 5 of Part 3 in respect of this requirement*.* (6) The Regulatory Authority, on application or on its own initiative, may determine qualifications, including foreign qualifications, to be equivalent to the qualifications required by the regulations. (7) If a determination is made under subsection (6), any person holding the qualification is to be taken to be qualified in accordance with the regulations. S. 110 inserted by No. 37/2019 s. 8.