51Conditions on service approval

51 Conditions on service approval (1) A service approval is granted subject to the condition that the education and care service is operated in a way that— (a) ensures the safety, health and wellbeing of the children being educated and cared for by the service; and (b) meets the educational and developmental needs of the children being educated and cared for by the service. Sch. s. 51(2) substituted by No. 9/2017 s. 14(1). (2) A service approval for a family day care service is granted subject to a condition that the approved provider must ensure that each family day care educator engaged by or registered with the service is adequately monitored and supported by a family day care co-ordinator. Sch. s. 51(2A) inserted by No. 9/2017 s. 14(1). (2A) A service approval for a family day care service is granted subject to a condition that each family day care residence, and any approved family day care venue of the service, are to be located within this jurisdiction. Sch. s. 51(3) amended by No. 13/2022 s. 9. (3) A service approval is granted subject to a condition that the approved provider must commence ongoing operation of the service within 6 months after the approval is granted unless the Regulatory Authority agrees to an extension of time. (4) A service approval is granted subject to a condition that the approved provider must hold the prescribed insurance in respect of the education and care service. Sch. s. 51(4A) inserted by No. 9/2017 s. 14(2). (4A) A service approval for an education and care service other than a family day care service is granted subject to a condition that the approved provider must ensure that the number of children educated and cared for by the service at any one time does not exceed the maximum number of children specified in the service approval. Sch. s. 51(4B) inserted by No. 9/2017 s. 14(2). (4B) An approved provider is not required to comply with subsection (4A) if— (a) the maximum number of children is exceeded because a child is, or 2 or more children from the same family are, being educated and cared for by the education and care service in an emergency; and (b) the approved provider is satisfied on reasonable grounds that this will not affect the health, safety and wellbeing of any other child who is attending the education and care service. An emergency under this subsection would include circumstances where a child is in need of protection under a child protection order or where the parent of a child needs urgent health care that prevents that parent caring for the child. (5) A service approval is granted subject to any other conditions prescribed in the national regulations or imposed by— (b) the Regulatory Authority. (6) A condition of a service approval does not apply to an associated children's service unless the condition is expressed to apply to that associated children's service. (7) A condition of a service approval may be expressed to apply solely to an associated children's service only if the Regulatory Authority has first consulted with the children's services regulator. Sch. s. 51(8) amended by Nos 43/2022 s. 54, 53/2025 s. 15. (8) An approved provider must comply with the conditions of a service approval held by the approved provider.