(1)
In subclause (2),—
service affected means a licensed early childhood education and care centre, or licensed hospital-based education and care service, attended by 3 or more children, of whom at least 1 is under 2 years old and at least 1 is 2 years old or older
spare under-2 capacity, in relation to a service affected where the number of children under 2 years old attending is not a threshold number, means the difference between the number attending and the nearest higher number that is a threshold number
threshold number means 5, 10, 15, 20, or 25.
(2)
For the purposes of regulation 44(1)(b), a licensed service provider to which regulation 44 applies that does not otherwise comply with the applicable minimum staffing requirements of Schedule 2 in relation to a service affected must be treated as complying with those requirements in relation to the service if—
the number of children under 2 years old attending the service is not a threshold number; and
the staffing is equal to or greater than the sum of—
the applicable minimum staffing requirement for the number of children under 2 years old attending the service; and
the applicable minimum staffing requirement for the number of children 2 years old and over who would be attending the service if the number actually attending were reduced by the service’s spare under-2 capacity.
Regulation 44A: inserted, on 24 September 2009, by regulation 5 of the Education (Early Childhood Services) Amendment Regulations (No 2) 2009 (SR 2009/231).