5. Additional children at a service
QECNT must be notified when a service cares for additional children in an emergency.
This notification is about: Additional children at a service
Educator-to-child ratios do not include children from the same family who attend a centre-based service in an emergency, if they only attend for 2 consecutive days.
Is an additional child or children being provided education and care at the service in an emergency?
Regulation 123(5) provides examples of when additional children from the same family may attend a centre-based service in an emergency for not more than two consecutive days.
Emergency, in relation to a child, means a serious and unexpected short term care emergency that requires the child to be provided with immediate education and care.
Examples:
A child is determined to be in need of protection under a child protection order.
The parent of a child needs urgent health care that prevents them caring for the child.
Notify the Regulatory Authority within 24 hours of becoming aware of the attendance of an additional child or children.
Section 174(2) An Approved Provider must notify the Regulatory Authority of the following information in relation to the Approved Provider or each approved education and care service operated by the Approved Provider - information in respect of any other prescribed matters.
Regulation 175(2) prescribes the information that must be notified to the Regulatory Authority in relation to the attendance of additional children from the same family in an emergency including - a description of the emergency and a statement by the Approved Provider that the Approved Provider has taken into account the safety, health and well-being of all the children attending the education and care service when deciding to provide education and care to the additional child or children.
If a service is providing education and care to an additional child or children and it is not an emergency then the approved service is not compliant with the National Law.
Is an additional child or children (above the maximum allowed) attending a family day care residence or venue in exceptional circumstances?
Under Regulation 124(5) the Approved Provider of a family day care service may approve, in writing, a family day care educator to educate and care for more than 7 children, or more than 4 children who are preschool age or under, at any one time, in exceptional circumstances.
Regulation 124(6) sets out that exceptional circumstances exist where:
- all the children being educated and cared for are siblings in the same family
or
- the child is determined to be in need of protection under child protection law and the family day care educator is determined to be the best person to educate and care for the child
or
- the family day care residence or approved family day care venue is in a rural or remote area and no alternative education and care service is available.
The Approved Provider must give written permission to the family day care educator and ensure all children being educated and cared for by the family day care educator are adequately supervised at all times.
If a service is providing education and care to an additional child or children and there are no exceptional circumstances, then the approved service is not compliant with the National Law.
No notification required.
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