Education and Care Services Regulation 2013
sec.78Persons engaged as an assistant before commencement
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sec.78 Persons engaged as an assistant before commencement
This section applies if, immediately before the commencement— a person was engaged in a position in a centre based service as an assistant under the repealed Child Care Act 2002 ; and the person had not been engaged in the position for more than 3 months; and the person did not hold a qualification prescribed for an assistant under the repealed Child Care Act 2002 . A reference to an educator with an approved certificate III level qualification is taken to include a reference to the person. Subsection (4) applies for calculating the period a person has been engaged in a position without holding the qualification prescribed. The period the person was engaged in the position before the commencement must be included in calculating the period under subsection (1)(b). (sec.78-ssec.1) This section applies if, immediately before the commencement— a person was engaged in a position in a centre based service as an assistant under the repealed Child Care Act 2002 ; and the person had not been engaged in the position for more than 3 months; and the person did not hold a qualification prescribed for an assistant under the repealed Child Care Act 2002 . (sec.78-ssec.2) A reference to an educator with an approved certificate III level qualification is taken to include a reference to the person. (sec.78-ssec.3) Subsection (4) applies for calculating the period a person has been engaged in a position without holding the qualification prescribed. (sec.78-ssec.4) The period the person was engaged in the position before the commencement must be included in calculating the period under subsection (1)(b).
- (a) a person was engaged in a position in a centre based service as an assistant under the repealed Child Care Act 2002 ; and
- (b) the person had not been engaged in the position for more than 3 months; and
- (c) the person did not hold a qualification prescribed for an assistant under the repealed Child Care Act 2002 .