77Space requirements—outdoor space

77 Space requirements—outdoor space

(1) This regulation applies to an occasional care service other than an occasional care service that—

(a) is a former limited hours Type 2 service; and

(b) does not provide education and care to any child who attends the service for more than—

(i) 5 hours per day; and

(ii) 15 hours per week.

(2) The approved provider of an occasional care service must ensure that, for each child being educated and cared for by the service, the children's service premises has at least 7 square metres of unencumbered outdoor space.

(3) In calculating the area of unencumbered outdoor space required, the following areas are to be excluded—

(a) any pathway or thoroughfare, except where used by children as part of the education and care program;

(b) any car parking area;

(c) any storage shed or other storage area;

(d) any other space that is not suitable for children.

(4) A verandah that is included in calculating the area of indoor space cannot be included in calculating the area of outdoor space.

(5) An area of unencumbered indoor space may be included in calculating the outdoor space of a service that provides education and care to children over preschool age if—

(a) the Regulatory Authority has given written approval; and

(b) that indoor space has not been included in calculating the indoor space under regulation 76.

(6) In this regulation a reference to a child does not include a child being educated or cared for in an emergency in the circumstances set out in regulation 90(4).

(7) In this regulation, a former limited hours Type 2 service means a children's service in respect of which a licence to operate a limited hours Type 2 service was issued and in force immediately before the commencement day.