Education (Early Childhood Services) Regulations 2008

57 Health and safety of children

(1)

In order to ensure that the standards set out in this Part are complied with, the service provider of a licensed service and any educator who provides education and care for a licensed home-based education and care service must comply with subclause (2), if the service provider or educator has reasonable grounds to believe that a person employed or engaged in the service, or any other person,—

(a)

is in a state of physical or mental health that presents any risk of danger to children; or

(b)

has an infectious or contagious disease or condition.

(2)

The service provider and the educator must ensure that—

(a)

the person is excluded from coming into contact with the children participating in the service or, as the case requires, the children being educated by the educator; and

(b)

if satisfied that it is necessary to do so to ensure that no child becomes ill, ensure that the person is excluded from the service and does not enter or remain in any premises where the service is provided while it is being provided or, as the case requires, is excluded from the home and does not enter it or remain in it while the educator is providing education and care.

(3)

This regulation does not apply in respect of a licensed hospital-based education and care service to which the Health and Disability Services (Safety) Act 2001 applies.