264General qualifications for educators—centre-based services

#### 264 General qualifications for educators—centre-based services 264 General qualifications for educators—centre-based services > > (1) Regulation 126(1) applies as modified by this regulation until 31 December 2027. > > > (2) If a qualified educator is not working directly with children or is absent from a centre-based service, the service may meet the requirements under regulation 126(1) by providing the relevant number of full-time equivalent qualified educator positions if— > > > > > (a) the educator to child ratios are met at all times the service is educating and caring for children; and > > > > > (b) the number of qualified educators specified in subregulation (3) or (4) (as the case requires) educates and cares for children at all times the service is educating and caring for children. > > > (3) For the purposes of subregulation (2)(b), the number of qualified educators for a centre-based service (other than a preschool) is— > > > > > (a) for a centre-based service providing education and care to less than 25 children, at least one qualified educator; > > > > > (b) for a centre-based service providing education and care to 25 to 59 children, at least 2 qualified educators; > > > > > (c) for a centre-based service providing education and care to 60 to 80 children, at least 3 qualified educators; > > > > > (d) for a centre-based service providing education and care to more than 80 children, at least 4 qualified educators. > > > (4) For the purposes of subregulation (2)(b), the number of qualified educators for a preschool is— > > > > > (a) for a preschool providing education and care to 50 children or fewer, at least one qualified educator; > > > > > (b) for a preschool providing education and care to 51 to 100 children, at least 2 qualified educators. > > > (5) On request by the Regulatory Authority, an approved provider of a centre-based service must demonstrate that the approved provider has taken into account the best interests of children (including provision of adequate supervision) in relation to replacement of qualified educators. > > > (6) This regulation does not apply if the qualified educator is absent from the centre-based service— > > > > > (a) in case of an unexpected absence, for more than 5 consecutive days; or > > > > > (b) in case of pre-arranged leave for recreation, illness or other personal leave, for any period. > > **Reg 264:** Subst 2014 (260), reg 37. Am 2015 (804), reg 5; 2017 (735), reg 14; 2019 (631), reg 20; 2021 (380), reg 14; 2023 (165), reg 17; 2024 (658), Sch 1\[5\].