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 for a responsible person to be in attendance 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 ELV.
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
Under the National Law and Regulations, Early Learning Victoria is required to have a responsible person on site at all times when the service is providing education and care for children.
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 in attendance at the service at all times, but in their absence, 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 present at the service who has the legal responsibility for ensuring all operations comply with the National Law and Regulations, particularly those related to 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
- have a demonstrated understanding of how to provide high-quality education and care to children (either 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.
Prior to all persons in day-to-day charge performing the role, the nominated supervisor must seek consent in writing using Attachment 1.
Staffing arrangements
The record showing who is the responsible person must be displayed in the centre (see Attachment 2) so that it can be seen by all staff, families and visitors any time there are children present.
The approved provider needs to employ sufficient qualified staff to ensure there is always a responsible person present at each Early Learning Victoria centre. Nominated supervisors must ensure that rosters align with the availability of responsible persons, hours of operation and the attendance patterns 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 by submitting a ‘notification of change to nominated supervisor’ form. The Regulatory Authority must be notified 7 days prior to the nominated supervisor starting, or if that is not possible, within 14 days of the nominated supervisor starting in the role.
The nominated supervisor or approved provider must notify the Regulatory Authority if:
- there is a change to the name or contact details of the nominated supervisor
- the nominated supervisor is no longer employed or engaged by the service, 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, or if they 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 warrants reassessing the nominated supervisor’s suitability for the role.
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 policy
- Supervision of children policy
Attachments
- Attachment 1: Responsible person – offer and acceptance
- Attachment 2: Responsible person on duty record
Definitions
Fit and proper person: In determining whether an applicant is fit and proper, the Regulatory Authority must take into account the applicant’s history of involvement in education and care services, their compliance with current and prior law, criminal history record check and any bankruptcy or insolvency issues.
Nominated supervisor: A person who has been 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 in accordance with the National Regulations. The approved provider must take reasonable steps to ensure the nominated supervisor is a fit and proper person with 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 consents to the placement in writing.
Person with management or control (PMC): The person within or outside the approved provider who is responsible for managing the delivery of the provider’s service(s) or 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 of a service, or a person who holds other operational management roles in a service (such as a centre manager) would not meet the PMC definition. People holding these roles will only meet the PMC definition if they also participate in executive or financial decision-making or have 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 at all times that the service is delivering education and care. The responsible person is the person in day-to-day charge at the service and 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.
3. Actions and procedures
Responsible person requirements
A nominated supervisor or person in day-to-day charge must:
- be at least 18 years old
- have a demonstrated understanding of how to provide high-quality education and care to children (either 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.
Prior to all persons in day-to-day charge performing the role, the nominated supervisor must seek consent in writing using Attachment 1.
Staffing arrangements
The record showing who is the responsible person must be displayed in the centre (see Attachment 2) so that it can be seen by all staff, families and visitors any time there are children present.
The approved provider needs to employ sufficient qualified staff to ensure there is always a responsible person present at each Early Learning Victoria centre. Nominated supervisors must ensure that rosters align with the availability of responsible persons, hours of operation and the attendance patterns 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 by submitting a ‘notification of change to nominated supervisor’ form. The Regulatory Authority must be notified 7 days prior to the nominated supervisor starting, or if that is not possible, within 14 days of the nominated supervisor starting in the role.
The nominated supervisor or approved provider must notify the Regulatory Authority if:
- there is a change to the name or contact details of the nominated supervisor
- the nominated supervisor is no longer employed or engaged by the service, 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, or if they 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 warrants reassessing the nominated supervisor’s suitability for the role.
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 if it intends to operate.
3.1 Responsibilities of staff
- Person(s) who manage the service on a daily basis when the nominated supervisor is absent.
- Typically, these roles will be the assistant centre director, educational leader, early childhood teacher, room leader or a qualified educator.
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