Education and Care Services National Regulations
Current version for 31 December 2019 to date (accessed 4 June 2020 at 06:18)
Chapter 2 Part 2.2 Division 6
Division 6 Temporary waiver
44   Temporary waiver—prescribed elements
For the purposes of section 94 of the Law, the prescribed elements are—
(a)  the standards and elements set out in Quality Areas 3 and 4 of the National Quality Standard; and
(b)  the following provisions—
(i)  regulations 104, 107, 108 and 110; and
(ii)  in the case of a centre-based service, Division 2 of Part 4.3 and regulations 120, 123, 126, 130 to 134 and 136; and
(iii)  in the case of a family day care service, regulations 72A, 117, 124, 127, 128 and 136; and
(iv)  any provision in Chapter 7 that applies in place of a provision referred to in subparagraph (i), (ii) or (iii).
45   Application for temporary waiver
An application under section 94 of the Law for a temporary waiver must include the following information—
(a)  the name of the education and care service;
(b)  the service approval number;
(c)  the name and contact details of the contact person for the purposes of the application;
(d)  a statement that specifies—
(i)  the elements of the National Quality Standard and the regulations in relation to which a temporary waiver is sought; and
(ii)  the way in which the education and care service does not or will not comply with the specified elements or regulations;
(e)  the reasons that the education and care service is unable to comply with the specified elements or regulations;
(f)  details and evidence of any attempts made to comply with the specified elements or regulations;
(g)  the period for which a temporary waiver is sought and the reasons for seeking that period;
Note.
 This period cannot exceed 12 months.
(h)  details of steps that are being or will be taken in order to comply with the specified elements or regulations;
(i)  the measures being taken or to be taken to protect the wellbeing of children being educated and cared for by the education and care service while the temporary waiver is in force.
Note.
 See section 95 of the Law.