1. TAFE NSW -Technical and Further Education Commission www.highered.tafensw.edu.au BACHELOR OF EARLY CHILDHOOD EDUCATION AND CARE ECEYE208A – Manage a Service Week 2: Licensing and Regulations

2. TAFE NSW -Technical and Further Education Commission THE NATIONAL QUALITY FRAMEWORK ECEYE208A – Manage a Service

3. TAFE NSW -Technical and Further Education Commission 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. NATIONAL QUALITY FRAMEWORK OVERVIEW ECEYE208A – Manage a Service

4. TAFE NSW -Technical and Further Education Commission 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 NATIONAL LEGISLATIVE FRAMEWORK ECEYE208A – Manage a Service

5. 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. ECEYE208A – Manage a Service

6. TAFE NSW -Technical and Further Education Commission 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. NATIONAL QUALITY STANDARD ECEYE208A – Manage a Service

7. 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. ECEYE208A – Manage a Service

8. TAFE NSW -Technical and Further Education Commission 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. ASSESSMENT AND RATING PROCESS ECEYE208A – Manage a Service

9. TAFE NSW -Technical and Further Education Commission 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. GOVERNANCE ARRANGEMENTS ECEYE208A – Manage a Service

10. 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. ECEYE208A – Manage a Service

11. TAFE NSW -Technical and Further Education Commission 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. SERIVCE APPROVALS TO OPERATE ECEYE208A – Manage a Service

12. TAFE NSW -Technical and Further Education Commission The National Law determines three interrelated approval processes for entities and individuals: — provider approval, — service approval, — supervisor certificate OVERVIEW OF APPROVALS ECEYE208A – Manage a Service

13. TAFE NSW -Technical and Further Education Commission 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. PROVIDER APPROVALS ECEYE208A – Manage a Service

14. TAFE NSW -Technical and Further Education Commission Application process Determining fitness and propriety Conditions on provider approval Grant of provider approval Suspension or cancellation ECEYE208A – Manage a Service

15. TAFE NSW -Technical and Further Education Commission 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. SERVICE APPROVALS ECEYE208A – Manage a Service

16. 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 ECEYE208A – Manage a Service

17. TAFE NSW -Technical and Further Education Commission 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. CERTIFIED SUPERVISORS ECEYE208A – Manage a Service

18. TAFE NSW -Technical and Further Education Commission Consent to being the Certified Supervisor placed in day- to-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. ECEYE208A – Manage a Service

19. TAFE NSW -Technical and Further Education Commission 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. NOMINATED SUPERVISORS ECEYE208A – Manage a Service

20. 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 ECEYE208A – Manage a Service

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

22. TAFE NSW -Technical and Further Education Commission 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) OPENING A NEW EDUCATION & CARE SERVICE ECEYE208A – Manage a Service

23. TAFE NSW -Technical and Further Education Commission Step 1: Research Step 2: Building and location Step 3: Apply for approvals Step 4: Apply for CCB STEPS TO SETTING UP A NEW ECEC SERVICE ECEYE208A – Manage a Service

24. TAFE NSW -Technical and Further Education Commission LEGISLATION ECEYE208A – Manage a Service

25. 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. ECEYE208A – Manage a Service

26. TAFE NSW -Technical and Further Education Commission 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 MAJOR LEGAL ISSUES & RESPONSIBILITIES ECEYE208A – Manage a Service

27. TAFE NSW -Technical and Further Education Commission NEED TO KNOW GOVERNMENT DEPARTMENTS AND NON-GOVERNMENT ORGANISATIONS FOR LICENSING AND REGULATIONS ECEYE208A – Manage a Service

28. TAFE NSW -Technical and Further Education Commission DEEWR – EARLY CHILDHOOD ECEYE208A – Manage a Service http://deewr.gov.au/early-childhood

29. TAFE NSW -Technical and Further Education Commission FAMILY ASSISTANCE OFFICE ECEYE208A – Manage a Service http://www.humanservices.gov.au/customer/services/centrelink/child-care-benefit

30. TAFE NSW -Technical and Further Education Commission ACECQA WEBSITE http://www.acecqa.gov.au/ ECEYE208A – Manage a Service

31. TAFE NSW -Technical and Further Education Commission DEC – Early Childhood http://www.dec.nsw.gov.au/what-we-offer/regulation-and-accreditation/early-childhood- education-care ECEYE208A – Manage a Service

32. 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. ECEYE208A – Manage a Service

33. 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. ECEYE208A – Manage a Service

34. 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%20Fo rms/Service%20Approval/SA01_ApplicationForServiceAppr oval-CBC_v5.pdf ECEYE208A – Manage a Service

35. 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 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/ ECEYE208A – Manage a Service