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Education and Care Services National Regulations
250Declared approved family day care services
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#### 250 Declared approved family day care services
250 Declared approved family day care services
> > (1) This regulation applies to a declared approved family day care service that is taken to be an approved education and care service under section 307(4) of the Law.
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> > (2) If, on the scheme commencement day, a declared approved family day care venue or family day care residence used by a family day care educator engaged by or registered with the service does not comply with regulation 104 and, immediately before that day, was not required to comply with a similar requirement under the former education and care services law or education law of the relevant participating jurisdiction—
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> > > (a) regulation 104 does not apply to the declared approved family day care service in respect of that venue or residence until—
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> > > > (i) the venue or residence is renovated; or
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> > > > (ii) the family day care educator is no longer registered or engaged by the service; and
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> > > (b) for the purpose of a rating assessment under Part 5 of the Law the declared approved service is taken to comply with that regulation until the first of the following to occur—
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> > > > (i) the venue or residence is renovated; or
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> > > > (ii) the family day care educator is no longer registered or engaged by the service; or
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> > > > (iii) 31 December 2015.
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> Note.
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> See also Division 7.