NSWIn ForceRegulation
Education and Care Services National Regulations
299HEducator to child ratios when educator, early childhood teacher or suitably qualified person absent for 5 minutes or less
Start here
Get a plain-English read of 299H
Turn the raw legal text into a practical explanation grounded in Education and Care Services National Regulations.
#### 299H Educator to child ratios when educator, early childhood teacher or suitably qualified person absent for 5 minutes or less
299H Educator to child ratios when educator, early childhood teacher or suitably qualified person absent for 5 minutes or less
> > (1) A centre-based service is taken to meet the relevant educator to child ratio during the absence of an educator, early childhood teacher or suitably qualified person if—
> >
> > > (a) the educator, early childhood teacher or suitably qualified person is absent for not more than 5 minutes; and
> >
> > > (b) the educator, early childhood teacher or suitably qualified person is not absent on a rest pause or during a rest period; and
> >
> > > (c) no other educator, early childhood teacher or suitably qualified person counted in the relevant required educator to child ratio is absent during that absence.
>
> > (2) During the absence of an educator, early childhood teacher or suitably qualified person in accordance with subregulation (1), the centre-based service is taken to meet the relevant qualification requirements for educators.
>
> > (3) In this regulation, a reference to an early childhood teacher includes—
> >
> > > (a) a reference to an early childhood teacher who is counted as an educator in calculating the educator to child ratio of the service; and
> > >
> > > Note
> > >
> > > An early childhood teacher cannot be counted as an educator in calculating the educator to child ratio unless the teacher is working directly with children—see regulation 122.
> >
> > > (b) a reference to a person who is taken to be an early childhood teacher or a second early childhood teacher under regulation 135(1) or (2).
>
> > (4) In this regulation, a reference to a suitably qualified person includes a reference to a person who is taken to be a suitably qualified person under regulation 135(2).
>
> **Reg 299H:** Ins 2017 (543), reg 99. Am 2019 (631), reg 26.