NSWIn ForceRegulation
Education and Care Services National Regulations
135Illness or absence of early childhood teacher or suitably qualified person
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#### 135 Illness or absence of early childhood teacher or suitably qualified person
135 Illness or absence of early childhood teacher or suitably qualified person
> > (1) If an early childhood teacher who is required under regulation 132(1), 133(1)(a) or 134(1)(a) to be in attendance at a centre-based service is absent from the centre-based service because of a circumstance specified in subregulation (6), the following persons may be taken to be an early childhood teacher during that absence—
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> > > (a) in any case—
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> > > > (i) a person who holds an approved diploma level education and care qualification; or
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> > > > (ii) a person who holds a qualification in primary teaching; and
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> > > (b) in the case of an early childhood teacher who is required to be in attendance under regulation 133(1)(a) or 134(1)(a), a suitably qualified person.
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> > (2) If a second early childhood teacher or a suitably qualified person who is required under regulation 133(1)(b) or 134(1)(b) to be in attendance at a centre-based service is absent from the centre-based service because of a circumstance specified in subregulation (6), the following persons may be taken for the purposes of regulations 133(1)(b) or 134(1)(b) to be a second early childhood teacher or suitably qualified person during that absence—
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> > > (a) a person who holds an approved diploma level education and care qualification;
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> > > (b) a person who holds a qualification in primary teaching.
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> > (3) An early childhood teacher required to be in attendance under regulation 132(1), 133(1)(a) or 134(1)(a) may be replaced in accordance with subregulation (1) for a maximum of 60 days in any 12 month period.
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> > (4) A second early childhood teacher or a suitably qualified person required to be in attendance under regulation 133(1)(b) or 134(1)(b) may be replaced in accordance with subregulation (2) for a maximum of 60 days in any 12 month period.
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> > (5) For the purposes of subregulations (3) and (4), in relation to a part-time early childhood teacher, part-time second early childhood teacher or part-time suitably qualified person (as the case requires), 60 days is to be calculated on a pro rata basis.
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> > (6) For the purposes of subregulations (1) and (2), the following circumstances are specified—
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> > > (a) short-term illness;
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> > > (b) the resignation of the early childhood teacher, the second early childhood teacher or the suitably qualified person (as the case may be);
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> > > (c) a practicum placement required to be undertaken by the early childhood teacher or the second early childhood teacher (as the case may be) for an approved education and care qualification;
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> > > (d) a practicum placement required to be undertaken by the suitably qualified person for an approved education and care qualification;
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> > > (e) leave.
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> **Reg 135:** Am 2017 (543), reg 43. Subst 2019 (631), reg 14. Am 2023 (165), reg 11.