Western Australian Consolidated Regulations

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CHILD CARE SERVICES (CHILD CARE) REGULATIONS 2006 - REG 81

81 .         Minimum contact staff members required

        (1)         Subject to regulations 23, 24, 25, 81A and 82, a licensee must ensure that at a care session —

            (a)         for every 4 or fewer than 4 enrolled children who have not reached 24 months of age present at the care session there is one class A*, B*, C, D or E contact staff member on duty; and

            (b)         for every 12 or fewer than 12 enrolled children who have not reached 24 months of age present at the care session the contact staff members required under paragraph (a) include a class A*, B* or C contact staff member.

        Penalty: a fine of $6 000.

        (2)         Subject to regulations 23, 24, 25, 81A and 82, a licensee must ensure that at a care session —

            (a)         for every 5 or fewer than 5 enrolled children who have reached 24 months of age but not reached 36 months of age present at the care session there is one class A, B, C, D or E contact staff member on duty; and

            (b)         for every 15 or fewer than 15 enrolled children greater than 5 enrolled children who have reached 24 months of age but not reached 36 months of age present at the care session the contact staff members required under paragraph (a) include a class A, B or C contact staff member.

        Penalty: a fine of $6 000.

        (3)         Subject to regulations 23, 24, 25, 80, 81A and 82, a licensee must ensure that at a care session —

            (a)         for every 10 or fewer than 10 enrolled children who have reached 36 months of age present at the care session there is one class A, B, C, D or E contact staff member on duty; and

            (b)         for every 30 or fewer than 30 enrolled children greater than 10 enrolled children who have reached 36 months of age present at the care session the contact staff members required under paragraph (a) include a class A, B or C contact staff member.

        Penalty: a fine of $6 000.

        (4)         For the purpose of determining the number of contact staff required under subregulations (1), (2) and (3), the licensee may include an enrolled child in an age range that is up to 6 months higher or 6 months lower than the child’s actual age if the licensee —

            (a)         is satisfied on reasonable grounds it is developmentally appropriate for the child to be included in that age range; and

            (b)         is authorised in writing by the child’s parent to include the child in that age range.

        (5)         If under subregulation (4) an enrolled child is included in an age range that is up to 6 months higher than the child’s actual age, the licensee must ensure that the contact staff members on duty include a class A, A*, B, B*, C or E contact staff member.

        Penalty: a fine of $6 000.

        [Regulation 81 inserted in Gazette 8 Dec 2006 p. 5376‑7.]



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