90Educator to child ratios

90 Educator to child ratios

(1) For the purposes of section 109(1) and (3) of the Act, the prescribed minimum number of educators educating and caring for children at a children's service is to be calculated in accordance with the following ratios—

(a) for children from birth to under 36 months of age—one educator to 4 children;

(b) for children aged 36 months of age or over (not including children over preschool age)—one educator to 11 children;

(c) for children over preschool age—one educator to 15 children.

(2) If children being educated and cared for at an occasional care service are of mixed ages, the minimum number of educators for the children must meet the requirements of subregulation (1) at all times.

(3) If an early childhood teacher is required under Subdivision 4 of this Division to be in attendance at a children's service, subject to regulation 89, that early childhood teacher is counted as an educator at the service for the purposes of this regulation.

(4) In subregulations (1) and (2), a reference to children does not include a child who is, or 2 or more children from the same family who are, educated and cared for at a children's service in an emergency for a period of not more than 2 consecutive days on which the service operates.

1 A child is determined to be in need of protection under a child protection order.

2 The parent of a child needs urgent health care that prevents them caring for the child.

(5) An approved provider of a children's service must not permit an additional child or additional children to be educated and cared for at the service in an emergency in the circumstances set out in subregulation (4) unless the approved provider is satisfied on reasonable grounds that this will not affect the health, safety and wellbeing of all the children attending the service.