Early Learning Victoria has a duty of care for all children who attend its centres. Early Learning Victoria will ensure that staffing practices meet the legislative requirements. This includes having a responsible person at the centre at all times when the nominated supervisor is absent.
1. Scope
This policy applies to staff and management of Early Learning Victoria centres. This includes Early Learning Victoria volunteers, students on placement and contractors or labour-hire employees of Early Learning Victoria.
2. Policy statement
This policy will support Early Learning Victoria to:
- always have a responsible person present at each Early Learning Victoria centre while children are being cared for
- promote the safety, wellbeing and development of all children and staff at all services
- meet all legislative requirements as an approved provider under the Education and Care Services National Law Act 2010(opens in a new window) (the National Law) and Education and Care Services National Regulations 2011(opens in a new window) (the Regulations).
2.1 Requirements
Early Learning Victoria must have a responsible person on site at all times when the service is providing education and care for children. This is required by the National Law and Regulations.
An approved provider must not operate a service unless there is at least one nominated supervisor appointed for that service. The nominated supervisor does not have to be at the service at all times. However, when they are away, a responsible person, such as a person in day-to-day charge, must be present.
2.2 Background and information
A responsible person is someone at the centre who must, by law, ensure all operations follow the National Law and Regulations. In particular, they must ensure the centre complies with requirements for the safety, wellbeing and care of children.
Within the Early Learning Victoria centres, several roles hold responsibilities under legislation:
3. Actions and procedures
Responsible person requirements
A nominated supervisor or person in day-to-day charge must:
- be at least 18 years old
- hold, at a minimum, a completed Certificate III in early childhood education and care
- have shown they understand how to provide high-quality education and care to children (through experience, education and performance)
- understand the child safety responsibilities of the centre and its staff
- be able to effectively supervise and manage an education and care service
- not have been subject to any decision under the National Law, or any other children’s services or education law, to refuse, refuse to renew, suspect, or cancel a licence, approval, registration, certification or other authorisation granted to the person
- have a history of compliance with the National Law and other relevant laws.
Before anyone in day-to-day charge takes on the role, the nominated supervisor must get their consent in writing.
Staffing arrangements
The record showing who is the responsible person must be clearly displayed in the centre. Staff, families and visitors should be able to see it any time there are children present.
The approved provider must employ sufficient qualified staff to ensure there is always a responsible person at the Early Learning Victoria centre. Nominated supervisors must ensure that rosters align with the availability of responsible persons, hours of operation and the numbers of children.
Notifying the Regulatory Authority
The Regulatory Authority must be notified when a new nominated supervisor is appointed. This is done through the NQA IT System with a ‘notification of change to nominated supervisor’ form. The Regulatory Authority must be notified 7 days before the nominated supervisor starts. (If that is not possible, they must be notified within 14 days of the nominated supervisor starting.)
The nominated supervisor or approved provider must notify the Regulatory Authority if:
- the name or contact details of the nominated supervisor changes
- the nominated supervisor is no longer employed or engaged by the service
- the nominated supervisor has been removed from the role, or withdraws their consent to the nomination
- a nominated supervisor or person in day-to-day charge has their Working with Children Check (WWCC) or teacher registration suspended or cancelled
- a nominated supervisor or person in day-to-day charge are subject to any disciplinary proceedings under the law
- there is any other matter or incident that affects the ability of the nominated supervisor to meet the minimum requirements (and that suggests their suitability for the role should be reassessed).
The approved provider must ensure that a nominated supervisor informs the Regulatory Authority of any changes to their personal situation within 7 days.
The service cannot operate without a responsible person. If the nominated supervisor is absent from the service, the approved provider must ensure that an alternative responsible person is at the service.
3.1 Responsibilities of staff
4. Resources
Legislation and standards
- A New Tax System (Family Assistance) Act 1999
- A New Tax System (Family Assistance) (Administration) Act 1999
- Child Care Subsidy Minister’s Rules 2017
- Child Care Subsidy Secretary’s Rules 2017
- Child Safe Standards
- Education and Care Services National Law Act 2010
- Education and Care Services National Regulations 2011
- Family Law Act 1975
- National Quality Standard, Quality area 4: Staffing arrangements
- National Quality Standard, Quality area 7: Leadership and service management
- Worker Screening Act 2020.
Related policies
- Duty of care policy
- Staffing overview policy
- Staff code of conduct
- Supervision of children policy.
Links
- Responsible person offer and acceptance form (DOCX, 260 KB)
- Responsible person on duty record (DOCX, 258 KB)
- Responsible person guide (DOCX, 263 KB)
- Responsible person on duty display template (PPTX, 3.65 MB)
Definitions
Fit and proper person: To decide if an applicant is fit and proper, the Regulatory Authority must look at their history in education and care services and whether they have followed current and past law. They must conduct a criminal history record check and consider any bankruptcy or insolvency issues.
Nominated supervisor: A person nominated by the approved provider of the service under Part 3 of the Act can be the nominated supervisor. All services must have a nominated supervisor with responsibility for the service. This is required by the National Regulations. The approved provider must take reasonable steps to ensure the nominated supervisor is a fit and proper person. They must have suitable skills, qualifications and experience. The Regulatory Authority must be notified within 14 days if the nominated supervisor for the service changes or is no longer employed at the service.
Person in day-to-day charge: A person is in day-to-day charge of an education and care service if:
- the person is placed in day-to-day charge by the approved provider or a nominated supervisor of the service; and
- the person gives written consent for their placement.
Person with management or control (PMC): A person (within or outside the approved provider) responsible for managing the delivery of the provider’s service(s). Or, a person who has significant influence over the activities or delivery of the service.
A PMC has the same legal responsibility for the safety, health and wellbeing of children at their service as an approved provider.
A nominated supervisor, person in day-to-day charge or person with other operational management roles (such as a centre manager) is not a PMC. They would only be defined as a PMC if they also took part in executive or financial decision-making. Or, if they had authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service.
Responsible person: Centre-based services must have a responsible person present whenever the service is delivering education and care. The responsible person is the ‘person in day-to-day charge’ at the service. They can be one of the following:
- the approved provider, if the approved provider is an individual, or in any other case, a person with management or control of an education and care service operated by the approved provider
- the nominated supervisor of the service
- a person placed in day-to-day charge of the service.
5. Authorisations and review
This policy is the responsibility of Early Learning Victoria. Contact: ELV@education.vic.gov.au
It was approved by the CEO, Early Learning Victoria, Department of Education on 5 December 2025.
Early Learning Victoria regularly reviews its policies and procedures. This policy is due for review on 5 December 2027. It may be reviewed sooner if legislation or Department of Education policy changes.
Reviewed by Director, Early Learning ELV and Director, Quality ELV.
Updated