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Education and Care Services National Regulations
144Family day care educator assistant
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#### 144 Family day care educator assistant
144 Family day care educator assistant
> > (1) For the purposes of section 164A(1) and (2) of the Law, a person other than a family day care educator may educate and care for a child as part of a family day care service if—
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> > > (a) the person is a family day care educator assistant approved under subregulation (2); and
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> > > (b) the person provides education and care in the circumstances set out in subregulation (4).
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> > (2) An approved provider of a family day care service may approve a person as a family day care educator assistant to assist a family day care educator in providing education and care to children as part of the family day care service.
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> > (3) An approved provider must not approve a person under subregulation (2) unless the family day care educator provides the written consent of a parent of each child being educated and cared for by the educator to the use of the family day care educator assistant in the circumstances set out in subregulation (4).
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> > (4) An approved family day care educator assistant may assist the family day care educator—
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> > > (a) in the absence of the family day care educator, to transport or escort a child between the family day care residence or approved family day care venue and—
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> > > > (i) a school; or
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> > > > (ii) another education and care service or children’s service; or
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> > > > (iii) the child’s home; or
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> > > (b) in the absence of the family day care educator, in emergency situations, including when the educator requires urgent medical care or treatment; or
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> > > (c) in the absence of the family day care educator, to enable the educator to attend an appointment (other than a regular appointment) in unforeseen or exceptional circumstances, if—
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> > > > (i) the absence is for less than 4 hours; and
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> > > > (ii) the approved provider of the family day care service has approved that absence; and
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> > > > (iii) notice of that absence has been given to the parents of the child; or
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> > > (d) while the educator is educating and caring for children as part of the family day care service.
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> **Reg 144:** Subst 2017 (543), reg 46. Am 2023 (399), reg 56.