Education and Care Services Act 2013
sec.51Emergency care
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sec.51 Emergency care
This section applies to a period during which the number of children being provided with regulated education and care in the course of a QEC approved service is more than its service capacity. The approved provider is taken not to be contravening a condition of the service approval about the service capacity during the period if— emergency care is being provided during the period to one or more children; and emergency care is not provided to the child or children for more than 2 consecutive days in circumstances to which this section applies; and the amount by which the number of children being provided with regulated education and care exceeds the service capacity during the period is not more than— if emergency care is being provided to 2 or more children in the same family—that number of children; or otherwise—one. A child is determined to be in need of protection under a child protection order. The parent of a child needs urgent health care that prevents them caring for the child. An approved provider of a QEC approved service must not permit the service to educate and care for an additional child or children in an emergency unless the approved provider is satisfied this will not affect the safety, health and wellbeing of the children attending the service. The approved provider must, within 24 hours of the attendance of the additional child or children, notify the chief executive of the attendance, including— a description of the emergency; and a statement by the approved provider that the approved provider was satisfied under subsection (3) . (sec.51-ssec.1) This section applies to a period during which the number of children being provided with regulated education and care in the course of a QEC approved service is more than its service capacity. (sec.51-ssec.2) The approved provider is taken not to be contravening a condition of the service approval about the service capacity during the period if— emergency care is being provided during the period to one or more children; and emergency care is not provided to the child or children for more than 2 consecutive days in circumstances to which this section applies; and the amount by which the number of children being provided with regulated education and care exceeds the service capacity during the period is not more than— if emergency care is being provided to 2 or more children in the same family—that number of children; or otherwise—one. A child is determined to be in need of protection under a child protection order. The parent of a child needs urgent health care that prevents them caring for the child. (sec.51-ssec.3) An approved provider of a QEC approved service must not permit the service to educate and care for an additional child or children in an emergency unless the approved provider is satisfied this will not affect the safety, health and wellbeing of the children attending the service. (sec.51-ssec.4) The approved provider must, within 24 hours of the attendance of the additional child or children, notify the chief executive of the attendance, including— a description of the emergency; and a statement by the approved provider that the approved provider was satisfied under subsection (3) .