335Transitional provision—educator to child ratios—Regulatory Authority may continue to exempt family day care service

335 Transitional provision—educator to child ratios—Regulatory Authority may continue to exempt family day care service

335 Transitional provision—educator to child ratios—Regulatory Authority may continue to exempt family day care service

(1) This regulation applies until 31 December 2019.

(2) The Regulatory Authority may grant an exemption from regulation 124 to an approved provider of a family day care service in respect of a specified family day care educator if—

(a) all children being educated and cared for by the family day care educator are of the same family; or

(b) no more than 8 children are being educated and cared for by the family day care educator and the Regulatory Authority is satisfied that special circumstances exist; or

(c) an exemption applies under regulation 334 in respect of that family day care educator and an extension to that exemption is sought.

(3) An exemption granted under subregulation (2) will only apply—

(a) in the case of an exemption under subregulation (2)(a)—to children of the family; or

(b) in the case of an exemption under subregulation (2)(b) or (c), to the children being educated and cared for by the family day care educator at the time the exemption is granted.

(4) An exemption granted under subregulation (2) may be subject to any conditions the Regulatory Authority thinks fit.

(5) If an exemption is granted under subregulation (2), from the day it is granted until the earlier of any expiry date specified in the exemption or 31 December 2019—

(a) the exemption is taken to be a condition on the family day care service approval; and

(b) regulation 124 does not apply in relation to the educator specified in the exemption.