Education and Care Services Act 2013
sec.117Certain unqualified person may fulfil requirement for qualified person
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sec.117 Certain unqualified person may fulfil requirement for qualified person
A reference in this Act to a person with a qualification includes a person who does not have a qualification if, in the circumstances prescribed under a regulation— the person is an adult who is engaged in a position for which the qualification is prescribed and has not been engaged in the position for more than the prescribed time; or the person is enrolled in a course that leads to the qualification. For subsection (1) (a) , in deciding how long a person has been engaged in a position, the engagement is taken to continue during any break of less than 30 days. In this section— position means a position in a QEC approved service. prescribed time means the time, not more than 6 months, prescribed under a regulation. (sec.117-ssec.1) A reference in this Act to a person with a qualification includes a person who does not have a qualification if, in the circumstances prescribed under a regulation— the person is an adult who is engaged in a position for which the qualification is prescribed and has not been engaged in the position for more than the prescribed time; or the person is enrolled in a course that leads to the qualification. (sec.117-ssec.2) For subsection (1) (a) , in deciding how long a person has been engaged in a position, the engagement is taken to continue during any break of less than 30 days. (sec.117-ssec.3) In this section— position means a position in a QEC approved service. prescribed time means the time, not more than 6 months, prescribed under a regulation.
- (a) the person is an adult who is engaged in a position for which the qualification is prescribed and has not been engaged in the position for more than the prescribed time; or
- (b) the person is enrolled in a course that leads to the qualification.