Education and Care Services Regulation 2026
sec.65Rest pauses and temporary absences
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sec.65 Rest pauses and temporary absences
This section applies to an educator who is working directly with children at a QEC approved service. If the educator takes a rest pause, the educator is taken to be continuing to work directly with children while on the rest pause if— the rest pause is not more than 10 minutes; and the educator has not already been on 2 or more rest pauses during the day; and there is an educator present at the QEC approved service who— is not working directly with children; but is able to attend to the children immediately if required; and no other educators required to meet the educator to child ratio for the QEC approved service are absent on a rest pause. For subsection (2) , the educator mentioned in subsection (2) (c) may be the educator who is on the rest pause. Also, if the educator is temporarily absent, other than on a rest pause, the educator is taken to be continuing to work directly with children during the absence if— the absence is not more than 5 minutes; and no other educators required to meet the educator to child ratio for the QEC approved service are absent at the same time. In this section— rest pause means a break from the duties of an educator’s employment under an entitlement in the employment conditions. (sec.65-ssec.1) This section applies to an educator who is working directly with children at a QEC approved service. (sec.65-ssec.2) If the educator takes a rest pause, the educator is taken to be continuing to work directly with children while on the rest pause if— the rest pause is not more than 10 minutes; and the educator has not already been on 2 or more rest pauses during the day; and there is an educator present at the QEC approved service who— is not working directly with children; but is able to attend to the children immediately if required; and no other educators required to meet the educator to child ratio for the QEC approved service are absent on a rest pause. (sec.65-ssec.3) For subsection (2) , the educator mentioned in subsection (2) (c) may be the educator who is on the rest pause. (sec.65-ssec.4) Also, if the educator is temporarily absent, other than on a rest pause, the educator is taken to be continuing to work directly with children during the absence if— the absence is not more than 5 minutes; and no other educators required to meet the educator to child ratio for the QEC approved service are absent at the same time. (sec.65-ssec.5) In this section— rest pause means a break from the duties of an educator’s employment under an entitlement in the employment conditions.
- (a) the rest pause is not more than 10 minutes; and
- (b) the educator has not already been on 2 or more rest pauses during the day; and
- (c) there is an educator present at the QEC approved service who— (i) is not working directly with children; but (ii) is able to attend to the children immediately if required; and