104Fencing

#### 104 Fencing 104 Fencing > > (1) The approved provider of an education and care service must ensure that any outdoor space used by children at the education and care service premises is enclosed by a fence or barrier that is of a height and design that children preschool age or under cannot go through, over or under it. > > > > Penalty: $2200. > > > (2) This regulation does not apply to a centre-based service that primarily provides education and care to children over preschool age. > > > (3) This regulation does not apply in respect of a family day care residence or a family day care venue if all the children being educated and cared for at that residence or venue as part of a family day care service are over preschool age. > > Note. > > A compliance direction may be issued for failure to comply with this regulation. > > **Reg 104:** Am 2014 (260), reg 15; 2023 (399), reg 42.