Education (Early Childhood Services) Regulations 2008

  • Warning: Some amendments have not yet been incorporated
  • Editorial changes made in regulation 32(1)(e)(i) on 1 February 2022 under section 87(l)(i) of the Legislation Act 2019, and in regulations 6(3)(b), 7, 8, 11(1)(c), and 13(c) on 25 March 2022 under section 87(l)(iii), and (iv) of the Legislation Act 2019.

Schedule 3 Service-size (maximum)

r 44(1)(c)

ServiceNumber of children attending
Early childhood education and care centre and hospital-based education and care serviceNo more than 150 children aged 2 years and over attending at any one time
No more than 25 children under 2 years attending at any one time unless otherwise approved by the Secretary under regulation 22A(3)
No more than 50 children attending at any one time if children are a mixture of those under 2 years and those 2 years and over, unless otherwise approved by the Secretary under regulation 23(3)
Early childhood education and care centreNo more than 16 children attending overnight
Home-based education and care serviceNo more than 80 children attending at any one time
Who counts as child when applying schedule
1For every service (except a home-based education and care service), a person present aged under 6 years counts as a child.
2For a home-based education and care service, a person present aged under 6 years counts as a child unless the person is enrolled at school and is the child of an educator providing education and care at the home.
3In the case of a centre, every child present (including the child of the service provider or person responsible or supervisor or staff member) of any age also counts as a child.
Schedule to be read in conjunction with other requirements
The service-size rules in this schedule must be read in conjunction with the more detailed rules set out in—
regulation 22A (which deals with centres and hospital-based education and care services that provide services for children under 2 years); and
regulation 23 (which deals with children of mixed ages in the same centre or hospital-based education and care service); and
regulations 26(1)(d) and (e) and 27(1)(d) and (e) (which deal with licensing requirements for centres and hospital-based education and care services in relation to children under 2 years and children 2 years and over).

Schedule 3 heading: amended, on 1 February 2009, by regulation 28(1) of the Education (Early Childhood Services) Amendment Regulations 2009 (SR 2009/5).

Schedule 3: amended, on 1 July 2011, by regulation 15(1) of the Education (Early Childhood Services) Amendment Regulations 2011 (SR 2011/198).

Schedule 3: amended, on 1 July 2011, by regulation 15(2) of the Education (Early Childhood Services) Amendment Regulations 2011 (SR 2011/198).

Schedule 3: amended, on 1 July 2011, by regulation 15(3) of the Education (Early Childhood Services) Amendment Regulations 2011 (SR 2011/198).

Schedule 3: amended, on 1 July 2011, by regulation 15(4) of the Education (Early Childhood Services) Amendment Regulations 2011 (SR 2011/198).

Schedule 3: amended, on 1 February 2009, by regulation 28(2) of the Education (Early Childhood Services) Amendment Regulations 2009 (SR 2009/5).

Schedule 3: amended, on 1 February 2009, by regulation 28(3) of the Education (Early Childhood Services) Amendment Regulations 2009 (SR 2009/5).

Schedule 3: amended, on 1 February 2009, by regulation 28(4) of the Education (Early Childhood Services) Amendment Regulations 2009 (SR 2009/5).