NSWIn ForceRegulation
Education and Care Services National Regulations
261General qualifications for educators—children over preschool age—centre-based services
Start here
Get a plain-English read of 261
Turn the raw legal text into a practical explanation grounded in Education and Care Services National Regulations.
#### 261 General qualifications for educators—children over preschool age—centre-based services
261 General qualifications for educators—children over preschool age—centre-based services
> > (1) For the purposes of regulation 126(2), the qualification requirement for educators at a centre-based service educating and caring for children over preschool age is at least 1 qualified educator for every 33 children.
>
> > (2) If a qualified educator is absent from a centre-based service for not more than 2 weeks, the service may meet the requirement under subregulation (1) by providing that—
> >
> > > (a) the qualified educator to child ratio is met by an educator other than a qualified educator; and
> >
> > > (b) at least 1 qualified educator is on duty at all times that children are in attendance at the service premises.
>
> > (3) If a qualified educator resigns, the service may meet the requirement under subregulation (1) for up to 4 weeks after the resignation by providing that—
> >
> > > (a) the qualified educator to child ratio is met by an educator other than a qualified educator; and
> >
> > > (b) at least 1 qualified educator is on duty at all times that children are in attendance at the service premises.
>
> > (4) During school holidays and on pupil free days a centre-based service may meet the requirement under subregulation (1) by providing the relevant number of full-time equivalent qualified educator positions if—
> >
> > > (a) at least 1 qualified educator is on duty at all times that children are in attendance at the service premises outside the hours of the full-time equivalent positions; and
> >
> > > (b) the educator to child ratio is met by the educator referred to in paragraph (a) and educators other than qualified educators outside the hours of the full-time equivalent positions.
>
> > (5) In this regulation qualified educator means an educator who is qualified in accordance with regulation 262.