169Offence relating to staffing arrangements

169 Offence relating to staffing arrangements Sch. s. 169(1) amended by Nos 43/2022 s. 71(1), 53/2025 s. 32(1). (1) An approved provider of an education and care 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. Sch. s. 169(2) amended by Nos 43/2022 s. 71(2), 53/2025 s. 32(2). (2) An approved provider of an education and care 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 national regulations. Sch. s. 169(3) amended by Nos 43/2022 s. 71(3), 53/2025 s. 32(3). (3) A nominated supervisor of an education and care 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. Sch. s. 169(4) amended by Nos 43/2022 s. 71(4), 53/2025 s. 32(4). (4) A nominated supervisor of an education and care 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 national regulations. Sch. s. 169(5) amended by Nos 43/2022 s. 71(5), 53/2025 s. 32(5). (5) A family day care educator must ensure that the number of children being educated and cared for by the family day care educator at any one time is no more than the number prescribed for this purpose. (6) Subsections (1), (2), (3), (4) and (5) do not apply in respect of an education and care 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*.* (7) The National Authority may, on application, determine qualifications, including foreign qualifications, to be equivalent to the qualifications required by the national regulations. (8) If a determination is made under subsection (7), any person holding the qualification is to be taken to be qualified in accordance with the national regulations.