BACHELOR OF EARLY CHILDHOOD EDUCATION AND CARE ECEYE

BACHELOR OF EARLY CHILDHOOD EDUCATION AND CARE ECEYE 208 A – Manage a Service Week 2: Licensing and Regulations www. highered. tafensw. edu. au TAFE NSW -Technical and Further Education Commission

THE NATIONAL QUALITY FRAMEWORK ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

NATIONAL QUALITY FRAMEWORK OVERVIEW On 1 January 2012, the National Quality Framework was established and will apply to most long day care, family day care, preschool (or kindergarten) and outside schools hours care services. The National Quality Framework aims to raise quality and drive continuous improvement and consistency in education and care services through: a national legislative framework a National Quality Standard a national quality rating and assessment process a new national body called the Australian Children’s Education and Care Quality Authority. ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

NATIONAL LEGISLATIVE FRAMEWORK The national legislative framework is established through an applied laws system and consists of: the Education and Care Services National Law 2010 the Education and Care Services National Regulations 2011 ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

• It creates a jointly governed uniform national approach to the regulation and quality assessment of education and care services and replaces existing separate licensing and quality assurance processes. For many services this integrated approach means less red tape. • A Regulatory Authority in each state and territory will be primarily responsible for administering the National Quality Framework, including approving, monitoring and quality assessing services. It will be the first point of contact for services. • A new national body—the Australian Children’s Education and Care Quality Authority—will oversee the National Quality Framework and ensure the consistent and effective implementation of the new system. ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

NATIONAL QUALITY STANDARD The National Quality Standard sets a new national benchmark for the quality of education and care services. The National Quality Standard is divided into seven Quality Areas: 1. Educational program and practice 2. Children’s health and safety 3. Physical environment 4. Staffing arrangements 5. Relationships with children 6. Collaborative partnerships with families and communities 7. Leadership and service management. ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

The National Quality Standard aims to promote: • the safety, health and wellbeing of children • a focus on achieving outcomes for children through high-quality educational programs • families’ understanding of what distinguishes a quality service. ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

ASSESSMENT AND RATING PROCESS Approved Services will be assessed and rated against each of the seven Quality Areas of the National Quality Standard and the National Regulations. They will also be given an overall rating. The rating and assessment process aims to drive continuous quality improvement at services and provide families with better information for making choices about their children’s education and care. ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

GOVERNANCE ARRANGEMENTS State and territory Regulatory Authorities (NSW is DEC) Regulatory Authorities are responsible for: • granting all approvals, including provider approval, service approval and supervisor certificates • assessing and rating services against the National Quality Standard and the National Regulations • monitoring and enforcing compliance with the National Law and National Regulations, including receiving and investigating serious incidents and complaints • in collaboration with the Australian Children’s Education and Care Quality Authority (ACECQA), promoting continuous quality improvement and educating the sector and the broader community about the National Quality Framework. ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

Australian Children’s Education and Care Quality Authority (ACECQA) ACECQA has a range of functions including: • • • establishing consistent and efficient procedures for the operation of the National Quality Framework conducting national consistency audits determining approved qualifications for educators determining qualifications for authorised officers publishing ratings, guides and resources maintaining public registers of national approvals setting and awarding the highest rating “Excellent” advising the Ministerial Council on the National Quality Framework fostering continuous quality improvement. ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

SERIVCE APPROVALS TO OPERATE The majority of education and care (ECEC) services types in Australia must, by law, be approved by the state Regulatory Authority to operate as an ECEC service. The Children and Young Persons (Care and Protection) Act 1998 No. 157 provides authority to the Regulatory Authority to approval ECEC services and to administer the Education and Care Services National Regulations 2011. Approvals are issued prior to a service opening or when a service changes hands. ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

OVERVIEW OF APPROVALS The National Law determines three interrelated approval processes for entities and individuals: — provider approval, — service approval, — supervisor certificate ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

PROVIDER APPROVALS • Obtaining a provider approval is a prerequisite to operating one or more approved education and care services. • A provider approval is a nationally recognised approval. This means that an Approved Provider does not need to have a separate provider approval in each jurisdiction in which they operate an Approved Service. Once granted, a provider approval is ongoing, unless suspended or cancelled. ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

• Application process • Determining fitness and propriety • Conditions on provider approval • Grant of provider approval • Suspension or cancellation ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

SERVICE APPROVALS Under the National Quality Framework, an Approved Provider must apply for and be granted a service approval for each education and care service it wants to operate. There are two types of service approval: — Centre-based service, which includes long day care, preschool or kindergarten, and outside school hours care services — Family day care service. ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

• • Key elements of service approvals Conditions on service approvals Grant of a service approval Services must have a Nominated Supervisor Service must have a responsible person in day to day charge Display of information at a service Suspension or cancellation ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

CERTIFIED SUPERVISORS Supervisor certificates A supervisor certificate allows a person to consent to be: — the Nominated Supervisor of an Approved Service or — a Certified Supervisor placed in day-to-day charge of an Approved Service in the absence of another responsible person. A responsible person is an Approved Provider, a Nominated Supervisor or a Certified Supervisor placed in day-to-day charge of the approved service. ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

• Consent to being the Certified Supervisor placed in dayto-day charge • The supervisor certificate • Declared Certified Supervisors • Grant of supervisor certificate without application • Application process • Determining fitness and propriety • Minimum requirements for qualifications, experience and management • Conditions on a supervisor certificate • Grant of a supervisor certificate • Suspension or cancellation. ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

NOMINATED SUPERVISORS The National Law requires that Approved Providers must not operate a service without a Nominated Supervisor for that service. • All services must have a Nominated Supervisor. This is an ongoing obligation. • As part of an application for service approval, an Approved Provider must identify the Nominated Supervisor for the service and provide evidence of that person’s consent to fill the role. • An Approved Provider may obtain a Supervisor Certificate and be the Nominated Supervisor for their service or the Approved Provider may employ an educator with a Supervisor Certificate who consents to fill the Nominated Supervisor role. ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

• Eligibility to be a Nominated Supervisor • Responsibilities of a Nominated Supervisor Educational programs Supervision and safety of children Entry to and exit from the premises Food and beverages Administration of medication Prescription and non-prescription drugs and alcohol Sleep and rest Excursions Staffing Notification of change ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

OPENING AN EDUCATION AND CARE SERVICE TAFE NSW -Technical and Further Education Commission

OPENING A NEW EDUCATION & CARE SERVICE Step 1: When an offer is made and accepted Step 2: Settlement Step 3: Apply for a provider approval Step 4: Apply for a service approval Step 5: Apply for supervisor certificate Step 6: Apply for Child Care Benefit (CCB) ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

STEPS TO SETTING UP A NEW ECEC SERVICE Step 1: Research Step 2: Building and location Step 3: Apply for approvals Step 4: Apply for CCB ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

LEGISLATION ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

• Providers of children’s services and the early childhood practitioners working in these services are expected to adhere to specific legal requirements to ensure compliance. • These include acts, regulations, standards, and codes of practice. • Both State and Federal legislation govern the operation of children’s services to ensure they provide a safe and appropriate educational environment and level of care. ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

MAJOR LEGAL ISSUES & RESPONSIBILITIES Compliance – Basic rights and responsibilities – Non-compliance penalties and consequences –Implementing a risk management approach to compliance – Compliance and documentation Breaches of the Regulations and National Law Act Compliance with CCB Child Protection Family Law Duty of Care Employment Law ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

NEED TO KNOW GOVERNMENT DEPARTMENTS AND NON-GOVERNMENT ORGANISATIONS FOR LICENSING AND REGULATIONS ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

DEEWR – EARLY CHILDHOOD http: //deewr. gov. au/early-childhood ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

FAMILY ASSISTANCE OFFICE http: //www. humanservices. gov. au/customer/services/centrelink/child-care-benefit ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

ACECQA WEBSITE http: //www. acecqa. gov. au/ ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

DEC – Early Childhood http: //www. dec. nsw. gov. au/what-we-offer/regulation-and-accreditation/early-childhoodeducation-care ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

TUTORIAL – PART 1 Investigate the range of current Commonwealth and State Acts, regulations and standards that regulate the children’s services sector. Research the children’s services regulations to find out what the requirements are for what must be in an enrolment record. ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

TUTORIAL – PART 2 Individually write a description of: How you see quality in early childhood? What makes a quality children's service? What elements contribute to high quality service provision? When you have contributed your initial submission look at what others in your group have suggested. As a group establish what quality will look like in your service. Document this in your notes. ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

Group Work – Case Studies Read through and complete a service approval application, provider approval application and certified supervisor applications for your groups. http: //www. acecqa. gov. au/Uploads/files/Applications%20 Fo rms/Service%20 Approval/SA 01_Application. For. Service. Appr oval-CBC_v 5. pdf ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission

References • Community Child Care Cooperative (2009) The Manual MANAGING A CHILDREN’S SERVICE: NSW. • DEEWR Office of Early Childhood Website (July 28/29 2012) http: //www. deewr. gov. au/earlychildhood/Pages/default. aspx • ACECQA (August 7, 2012) National Quality Framework Information Sheets. http: //acecqa. gov. au/resources-and-templates/ ECEYE 208 A – Manage a Service TAFE NSW -Technical and Further Education Commission