Education and Care Services Regulation 2026
sec.44Indoor space—general requirements
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sec.44 Indoor space—general requirements
The approved provider of a QEC approved service must ensure the QEC service premises have at least 3.25 square metres of unencumbered indoor space, calculated under this section, for each child at the QEC service premises. Maximum penalty—5 penalty units. In calculating the area of unencumbered indoor space, the following areas must be excluded— any passageway or thoroughfare, including door swings; any toilets or other personal hygiene facilities; any nappy changing area or area for preparing bottles for use by children; any area permanently set aside for the use or storage of cots; any area permanently set aside for storage; any area or room used for staff or administration purposes; any other space that is not suitable for use by children; the area of any kitchen, unless the kitchen is used primarily by children as part of an educational program provided by the QEC approved service. The area of a verandah may be included in calculating the area of unencumbered indoor space of the QEC service premises only if the chief executive has given written approval for the inclusion of the area. However, if the area of a verandah is included in calculating the area of unencumbered outdoor space of the QEC service premises under section 46 , the area of the verandah may not be included in calculating the area of the unencumbered indoor space of the premises. (sec.44-ssec.1) The approved provider of a QEC approved service must ensure the QEC service premises have at least 3.25 square metres of unencumbered indoor space, calculated under this section, for each child at the QEC service premises. Maximum penalty—5 penalty units. (sec.44-ssec.2) In calculating the area of unencumbered indoor space, the following areas must be excluded— any passageway or thoroughfare, including door swings; any toilets or other personal hygiene facilities; any nappy changing area or area for preparing bottles for use by children; any area permanently set aside for the use or storage of cots; any area permanently set aside for storage; any area or room used for staff or administration purposes; any other space that is not suitable for use by children; the area of any kitchen, unless the kitchen is used primarily by children as part of an educational program provided by the QEC approved service. (sec.44-ssec.3) The area of a verandah may be included in calculating the area of unencumbered indoor space of the QEC service premises only if the chief executive has given written approval for the inclusion of the area. (sec.44-ssec.4) However, if the area of a verandah is included in calculating the area of unencumbered outdoor space of the QEC service premises under section 46 , the area of the verandah may not be included in calculating the area of the unencumbered indoor space of the premises.
- (a) any passageway or thoroughfare, including door swings;