Education and Care Services Regulation 2026
sec.46Outdoor space—general requirements
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sec.46 Outdoor space—general requirements
The approved provider of a QEC approved service must ensure the QEC service premises have at least 7 square metres of unencumbered outdoor space, calculated under this section, for each child at the QEC service premises. Maximum penalty—5 penalty units. For other requirements in relation to outdoor space, see section 49 . In calculating the area of unencumbered outdoor space, the following areas must be excluded— any pathway or thoroughfare, unless the pathway or thoroughfare is used by children as part of an educational program provided by the QEC approved service; any car park area; any storage shed or other storage area; any other space that is not suitable for use by children. If the area of a verandah is included in calculating the area of the unencumbered indoor space of the QEC service premises under section 44 , the area of the verandah may not be included in calculating the area of unencumbered outdoor space. If the QEC approved service is a school age care service, an area of indoor space may be included in calculating the area of the unencumbered outdoor space of the QEC service premises if— the indoor space could be, but has not been, included in calculating the area of unencumbered indoor space of the QEC service premises under section 44 ; and the chief executive has given written approval for the inclusion of the area of the indoor space. (sec.46-ssec.1) The approved provider of a QEC approved service must ensure the QEC service premises have at least 7 square metres of unencumbered outdoor space, calculated under this section, for each child at the QEC service premises. Maximum penalty—5 penalty units. For other requirements in relation to outdoor space, see section 49 . (sec.46-ssec.2) In calculating the area of unencumbered outdoor space, the following areas must be excluded— any pathway or thoroughfare, unless the pathway or thoroughfare is used by children as part of an educational program provided by the QEC approved service; any car park area; any storage shed or other storage area; any other space that is not suitable for use by children. (sec.46-ssec.3) If the area of a verandah is included in calculating the area of the unencumbered indoor space of the QEC service premises under section 44 , the area of the verandah may not be included in calculating the area of unencumbered outdoor space. (sec.46-ssec.4) If the QEC approved service is a school age care service, an area of indoor space may be included in calculating the area of the unencumbered outdoor space of the QEC service premises if— the indoor space could be, but has not been, included in calculating the area of unencumbered indoor space of the QEC service premises under section 44 ; and the chief executive has given written approval for the inclusion of the area of the indoor space.
- (a) any pathway or thoroughfare, unless the pathway or thoroughfare is used by children as part of an educational program provided by the QEC approved service;