National Quality Framework information session 9 NOVEMBER 2011 Draft and Confidential

Presentation overview Where are we up to? National Regulations Draft and Confidential

1. Where are we up to? Reform Agenda – National Quality Framework The National Quality Agenda was endorsed by COAG in December 2009 Through this Agreement, the Commonwealth and the States and Territories will work together to implement the National Quality Framework (NQF) for early childhood education and care commencing from 1 January 2012 Implementation is being led nationally by the Ministerial Council Working Groups and by DET for Queensland Draft and Confidential 3

1. Where are we up to? NQF begins for in-scope services on 1 January 2012 Consulted on draft National Regulations in March/April 2011 National Law passed in Victoria and New South Wales Bill to apply the Education and Care Services National Law Act was introduced into Queensland Parliament on 6 September 2011 National Regulations approved by Australian Ministers on 14 October 2011 Draft and Confidential

1. Where are we up to? Service assessment and rating visits will begin mid 2012 New services - Approved Providers must develop their Quality Improvement Plan within three months of the service approval Existing services - will be given at least four months to develop their Quality Improvement Plan from 1 January 2012 to 30 April 2012 Draft and Confidential

1. Where are we up to? 13 member ACECQA board announced which includes state and territory representatives from across Australia My Time, Our Place: Framework for School Age Care in Australia has been released Building Code of Australia considering feedback – New code expected May 2012 Procedures, documentation, transition arrangements and IT systems are being developed to ensure an effective introduction of the new system QLD services will receive an information pack in December 2011 detailing transitional information including forms which need to be completed and sent back to DET Revision of services out of scope in progress – Child Care Act 2002 continues to apply for licensed services out-of-scope of the National Law Draft and Confidential

1. Where are we up to? New names of quality ratings Excellent (highest level) Exceeding National Quality Standard Meeting National Quality Standard Working towards National Quality Standard Significant Improvement Required (lowest level) Updated NQS (in Regulations) Minor amendments to the NQS include: - Revised elements in Quality Area 1 - Sustainable practices and environmental responsibility now in Standard 3.3, moved from Quality Area 6 - Refinements to Quality Area 7 Draft and Confidential

1. Where are we up to? Key messages NQF is focused on quality outcomes for children A phased implementation to support transition Regulatory standards support the implementation of the NQS The NQF is a move to promoting continuous quality improvement DET will support services to implement the new standard, processes and resources Draft and Confidential

1. Where are we up to? Legislation and Regulations National Law IN-SCOPE OUT-OF-SCOPE National Law Child Care Act 2002 National Regulations Child Care Regulations QLD Regulations (CGBs) Draft and Confidential

2. National Regulations Chapter 1 Preliminary – including definitions Approvals and certificates Chapter 3 Assessment and ratings Chapter 4 Operational requirements Chapter 5 Review, enforcement and compliance Chapter 6 Information, records and privacy Chapter 7 Jurisdiction-specific and transitional and saving provisions Draft and Confidential

– CHAPTER 1 – Preliminary: Definitions Draft and Confidential Draft and Confidential

Definitions In-scope services of the National Law Preliminary Definitions In-scope services of the National Law Any service providing or intending to provide education and care on a regular basis to children under 13 years of age (other than those specifically excluded) Out-of-scope services of the National Law A range of services are specifically excluded from the National Quality Framework, either through the National Law or through Regulation Draft and Confidential Draft and Confidential

Excluded by the National Regulations A disability or early childhood intervention service In a child’s home Hotel or resort care Conference, sport facility or shopping centre care Provided or shared by parents Mobile services Transition to school programs College or secondary school student’s children Vacation care offered for not more than four weeks per year Stand alone care services Ad hoc or casual Commonwealth Budget Based Funding Program services Services funded by the Queensland Government to provide limited hours care Draft and Confidential Draft and Confidential

– CHAPTER 2 – Approvals and Certificates Draft and Confidential Draft and Confidential

Approvals and certificates A quick recap A new robust but streamlined approval system with three interrelated approvals: Under the new system provider and supervisor approvals will be ongoing and nationally recognised Provider Approvals Service Approvals Nominated Supervisor (Supervisor Certificate) Other educators with a Supervisor Certificate Draft and Confidential Draft and Confidential

Responsible persons Responsible person Approvals and certificates Responsible persons Responsible person A ‘responsible person’ is defined in the National Law as: The Approved Provider—if the Approved Provider is an individual—in any other case, a person with management or control of the service; or The Nominated Supervisor of the service; or A Certified Supervisor who has been placed in day-to-day charge of the service Draft and Confidential Draft and Confidential

Is a Certified Supervisor who consents to be Nominated Supervisor Approvals and certificates Nominated Supervisor Is a Certified Supervisor who consents to be Nominated Supervisor Services may employ several staff who are Certified Supervisors Only one Nominated Supervisor required for each service Responsible for day to day operation of the service, and its compliance with the legislation, for instance: - Adequate supervision of the children - Protecting them from harm and hazards - Meeting relevant educator-to-child ratios Draft and Confidential Draft and Confidential

Certified Supervisor New applicants for Supervisor Certificates Approvals and certificates Certified Supervisor New applicants for Supervisor Certificates Certificate deems individual as capable of being in day to day charge of a service Certificate is nationally portable from service to service Must hold Blue Card (in QLD) or be a registered teacher Minimum age: 18 years Adequate knowledge and ability to effectively supervise a service Have at least one of the following: - at least 3 years experience working as an educator OR - an approved Diploma level qualification in education and care OR - an approved early childhood teacher qualification Without these, may apply only for school-age settings Draft and Confidential Draft and Confidential

Declared approvals Declared Provider Approvals for 1 January 2012 Approvals and certificates Declared approvals Declared Provider Approvals for 1 January 2012 From 1 January 2012, existing licensed operators will be taken to be Approved Providers Provider Approvals will be issued by DET by 30 June 2012 Transition information packs will be mailed to services in December 2011 Declared Service Approvals for 1 January 2012 From 1 January 2012, existing in-scope services will be taken to be Approved Services Service Approvals will be issued by DET by 30 June 2012 Draft and Confidential Draft and Confidential

Declared supervisors Declared supervisors for 1 January 2012 Approvals and certificates Declared supervisors Declared supervisors for 1 January 2012 From 1 January 2012, all qualified (or working towards) Directors, Coordinators and Group Leaders who are staff members of a licensed service or nominees, will be declared as Certified Supervisors and Nominated Supervisors DET will issue certificates by 30 June 2012 Nominated Supervisors must be confirmed in writing Providers will be asked to nominate their Nominated Supervisor Persons declared as Nominated Supervisors can advise DET if they do not consent to be the Nominated Supervisor for the service. The advice to DET will cancel their status as a Nominated Supervisor, but they will continue to be a Certified Supervisor Draft and Confidential Draft and Confidential

Application for Provider Approval Approvals and certificates Application for Provider Approval New Provider Approval applicants Apply in the state/territory of residence or principal office Ongoing and recognised/accepted in all states/territories Fitness and propriety can be reassessed at any time Bankruptcy/insolvency public register will be checked Will be published on the Approved Provider register by ACECQA In QLD, must hold a Blue Card/positive exemption notice or be a registered teacher Application fee: $200 (new services only) Draft and Confidential Draft and Confidential

Application for Service Approval Approvals and certificates Application for Service Approval New applications for Service Approval Service Approval is about the premises Applications by Approved Providers Will be processed by DET regional offices Application fee varies according to size ($400-800) Annual fee varies according to size ($185-365) Draft and Confidential Draft and Confidential

Application for Service Approval Approvals and certificates Application for Service Approval What is different for QLD centre-based services? Nominated Supervisor No maximum capacity - approved number of places determined by available space Associated children’s service – out-of-scope service located at the same premises (e.g. Limited Hours Care) Draft and Confidential Draft and Confidential

Application for Service Approval Approvals and certificates Application for Service Approval What is different for Queensland? Family day care schemes can operate across the country Centre-based service approval applications must include: - Soil assessment or equivalent - Lease agreement or equivalent Draft and Confidential Draft and Confidential

Waivers Service Waivers - Temporary Waivers

Service waiver – provides a waiver on an ongoing basis Approvals and certificates Waivers Service waiver – provides a waiver on an ongoing basis Temporary waiver – provides a waiver for a fixed period (up to 12 months) Both waivers apply to physical environment and staffing requirements only Draft and Confidential

Approvals and certificates Waivers Service waiver Exemption from a physical environment and staffing requirement No impact on ratings Can apply with Service Approval application Service Waivers will be specified on the Service Approval Example of service waiver If unable to fence in accordance with National Regulations and Building Code of Australia, but can demonstrate ability to maintain children’s safety through alternative means Draft and Confidential

Temporary waiver Apply for up to 12 months Approvals and certificates Waivers Temporary waiver Apply for up to 12 months Can apply with Service Approval application Temporary waivers will be specified on the Service Approval Example of temporary waivers In the event of flooding, a service may apply for a Temporary Waiver for Regulation 112 in relation to requirements to have natural features, until the grounds have been cleaned/replanted. Draft and Confidential

– CHAPTER 3 – Assessments & ratings Draft and Confidential 29

Quality Improvement Plan Assessment and ratings Quality Improvement Plan Quality Improvement Plan Includes a self assessment Identifies areas for improvement Contains a statement of philosophy of the service Is updated at least annually Timing Existing services: must be developed by 30 April 2012 New services: must submit within three months of being granted a Service Approval Draft and Confidential 30

Quality Improvement Plan Assessment and ratings Quality Improvement Plan Guide to developing a Quality Improvement Plan (www.acecqa.gov.au) Background information Tips for undertaking a self assessment Examples of plans Quality Improvement Plan template Service details Strengths and areas for improvement: 7 Quality Areas and related Regulations The Plan: goals, priorities, steps, measures of success, tracking Draft and Confidential 31

A quick recap Assessed against the 7 Quality Areas of the NQS Assessment and ratings A quick recap Assessed against the 7 Quality Areas of the NQS Educational program and practice Children’s health and safety Physical environment Staffing arrangements, including educator-to-child ratios and qualifications Relationships with children Collaborative partnerships with families and communities Leadership and service management Draft and Confidential

A quick recap Until first assessment and rating, must display: Assessment and ratings A quick recap Until first assessment and rating, must display: A prescribed provisional rating (s65) “Provisional – Not Yet Assessed under the National Quality Framework” National Childcare Accreditation Council rating Draft and Confidential

– CHAPTER 4 – Operational requirements Draft and Confidential

1. Educational program and practice Operational requirements 1. Educational program and practice Approved learning frameworks Belonging, Being and Becoming – The Early Years Learning Framework (birth - 5 yrs) My Time, Our Place – Framework for School Age Care (6 - 12 yrs) Draft and Confidential 35

Health, safety and wellbeing of children (s77 – 84) Operational requirements 2. Children’s health & safety Health, safety and wellbeing of children (s77 – 84) Adequate health and hygiene practices Safe practices for handling, preparing and storing food Meet children’s sleep and rest needs Environment is free from use of tobacco, illicit drugs and alcohol Incident, injury, trauma and illness (s85 – 89) Parent of child must be notified as soon as practicable – no more than 24 hrs Record of incident Draft and Confidential

Medical conditions policy and medication procedures (s90) Operational requirements 2. Children’s health & safety First Aid kits (s89) Appropriate number of First Aid kits that are suitably equipped, easy to find and accessible Medical conditions policy and medication procedures (s90) Similar to current Child Care Act 2002 Services must develop a risk-minimisation plan Draft and Confidential

Administration of medication (s93-95) Operational requirements 2. Children’s health & safety Administration of medication (s93-95) Must ensure administration is authorised by parents and in accordance with prescription unless in an anaphylaxis or asthma emergency If an emergency occurs, parents and emergency services to be notified as soon as practical Draft and Confidential

2. Children’s health & safety Operational requirements 2. Children’s health & safety Excursions (s100 – 102) Must do a risk assessment and seek authorisation from parents Only an initial risk assessment is required for regular outings unless circumstances change Movement to other areas in a school is not an excursion Draft and Confidential

Space requirements – indoor (s107), outdoor (s108) Operational requirements 3. Physical environment Space requirements – indoor (s107), outdoor (s108) Unencumbered space per child: Indoor: at least 3.25 square metres Outdoor: at least 7 square metres Verandah may be included in indoor space with written DET approval (cannot also be included as outdoor space) Draft and Confidential

Building Code arrangements for new services Operational requirements 3. Physical environment Building Code arrangements for new services Until 31 December 2011 1 January - May 2012 May 2012 Queensland Development Code Applies to licensed centre based services Applies to out-of- scope services Applies to in-scope services (excluding OSHC & FDC) Applies to out-of- scope services only National Regulations under National Law (Physical Environments) N/A Applies to all in-scope services BCA National Building Legislation Continue to meet current arrangements Continue to meet current arrangements BCA amended to incorporate specific standards for in-scope services (excluding OSHC & FDC) Draft and Confidential

Staffing qualifications Operational requirements 4. Staffing requirements Staffing qualifications All educator qualifications will be approved and determined by the new national body, ACECQA This includes First Aid certificates and overseas qualifications Transitional qualification lists are expected to be published by ACECQA Draft and Confidential 42

Applying ratios under the NQF Operational requirements 4. Staffing requirements Applying ratios under the NQF The education, health, safety and wellbeing of children are paramount Minimum educator to child ratios apply at all times Ratios apply across an entire service, not necessarily by room Educators must be working directly with children to be included in ratios Adequate supervision needs to be maintained at all times Educator-to-child ratios alone do not determine what is considered adequate supervision Draft and Confidential 43

Centre-based (long day care & kindergarten) Operational requirements 4. Staffing requirements Centre-based (long day care & kindergarten) 2012 qualification requirements All educators must hold (or be studying towards) at a minimum a Certificate III qualification; and The first of every two educators must hold (or be studying towards) a Diploma qualification or above There is no legislative requirement for a teacher until 2014 Draft and Confidential 44

Centre-based (long day care & kindergarten) Operational requirements 4. Staffing requirements Centre-based (long day care & kindergarten) 2012 ratios Most current educator to child ratios will apply for Queensland services until end 2015 Services need to apply by 31 March 2012 to continue using the 1:5 ratio for 15-24 months until 31 December 2017 DET will contact eligible services in December 2011 to apply Draft and Confidential 45

Centre-based ratios from 2012 to 2020 Operational requirements 4. Staffing requirements Centre-based ratios from 2012 to 2020 2012 – 2015 RATIO 2016 – 2017 1 JAN 2018+ 0-24 mths 1:4 15-24 mths* 1:5 >24-35 mths 1:6 >30-35 mths 1:8 3 yrs <7 yrs 1:12 36 mths <school age 1:11 4 yrs <7 yrs 1:13 School age** 1:15 School aged** 4 yrs <14 yrs ‘<‘ means less than and ‘>’ means more than * Eligible services need to apply to continue using 1:5 ratio from 2012 until 2018 **Means a child enrolled in schooling (Prep onwards) and attending anytime the same calendar year Draft and Confidential 46

3 x 25 mth to prior to Prep aged children Operational requirements 4. Staffing requirements Mixed age ratios under the NQF A specific mixed age group ratio no longer exists For each educator, the relevant ratio for each child needs to be maintained Older children can be included in the ratio of younger children KNOWN GROUP ADDITIONAL GROUP 1 Educator 1 x 26 mth child and 2 x 32 mth children 3 x 25 mth to prior to Prep aged children : + OR 1 x 0-24 mth child In the above scenario, the youngest child falls into the >24-35 months category, so the ratio of 1:6 applies for children in the same age group or above. However, if a younger child were included, then the lower ratio would apply (1:4). Draft and Confidential 47 47

Centre-based (outside school hours care) Operational requirements 4. Staffing requirements Centre-based (outside school hours care) 2012 qualification requirements Continue current requirements 2012 ratios Draft and Confidential 48

Family day care 2012 qualification requirements Operational requirements 4. Staffing requirements Family day care 2012 qualification requirements Educator – no change until 2014 Coordinator – no change until 2014 2012 ratios No change – current ratios apply until 2016 Draft and Confidential 49

Additional requirements for ALL services - 2012 Operational requirements 4. Staffing requirements Additional requirements for ALL services - 2012 Must appoint an educational leader At least one person with First Aid qualifications Asthma management Anaphylaxis management Draft and Confidential 50

Interactions with children (s155) Operational requirements 5. Relationships with children Interactions with children (s155) Respectful and equitable relationships are developed with each child Relationships in groups (s156) Each child is supported to build and maintain sensitive and responsive relationships with other children and adults Must have regard for composition and size of group Draft and Confidential 51

Operational requirements 6. Collaborative partnerships Access for parents (s157) Required to allow parent of child to visit at any time Can disallow parent’s entry if it will pose a risk Draft and Confidential 52

Administration Attendance and enrolment records (s158 – 162) Operational requirements 7. Leadership & service management Administration Attendance and enrolment records (s158 – 162) Attendance, child enrolment, health information kept by Approved Provider or FDC educator Other adults at FDC residence (s163 – 166) Approved Provider of FDC must take reasonable steps to ensure a person over 18 who resides at, or is a FDC assistant is fit and proper Draft and Confidential 53

Administration Record of FDC visitors (s165) Operational requirements 7. Leadership & service management Administration Record of FDC visitors (s165) Must take all reasonable steps to ensure a record is kept of all visitors Record of visitors must include signature of visitor and the time of the visitor’s arrival and departure Children not to be left alone with visitors (s166) Draft and Confidential 54

– CHAPTER 5 – Review, enforcement and compliance Draft and Confidential 55

Review, enforcement and compliance The approach Health, safety, wellbeing and education of children is paramount Risk-based approach Focus on continuous improvement Draft and Confidential 56

Fees Some applications are subject to a fee Administration Fees Some applications are subject to a fee Fees will be reinvested in the NQF Annual service fee payable by 1 July each year Centre based and family day care services have different fee structures Draft and Confidential 57

Fees Current requirement New equivalent Administration Fees levied by the Department $500 licence application fee (up to 3 yrs) $100 provisional licence $300 licence renewal (up to 3 yrs) $75 licence amendment $50 lift a suspension $300 transfer a licence $50 to replace a licence NCAC annual fee $178 - $237 Application fees for: $200 Provider Approval $400 - $800 Service Approval $30 Supervisor Certificate Annual fee $185 - $365 annual fee No NCAC fee Range of fees levied for other transactions, for example – notice to transfer Service Approval, waiver, rating re-assessment Draft and Confidential

– CHAPTER 6 – Administration Draft and Confidential 59

ü REQUIRED POLICIES AND PROCEDURES ALL SERVICE TYPES (Reg 168) Content Reference Existing QLD Child Care legislation National Childcare Accreditation Council Health and safety Delivery and collection of children Reg 99; 168(2)(f) ü Linkages to record keeping requirements. Excursions Reg 100 to 102; 168 (2)(g) Linkages to information to parents, record keeping. Refusal of authorisations for a child to leave the service Reg 168(2)(m) Linkages to record keeping about collection of children and parent access requirements. Dealing with infectious disease Reg 88; 168 (2)(c) NQS 2.1 Aligns Policy on child and staff immunisation and infectious diseases. Dealing with medical conditions Reg 90; 168(2)(d) Process for developing and implementing health management plans for children with specific medical needs. Emergency and evacuation Reg 97; 168(2)(e) NQS 2.3 Emergency procedures to be displayed. including matters relating to nutrition, food and beverages, dietary requirements; sun protection; water safety; and administration of first aid Reg 168(2)(a) NQS 2.2 Some linkages to information for parents and record keeping requirements. Policies on food and nutrition, food safety and hygiene and sun protection. Child safe environment Reg 168(2)(h) NQS 2.3, 7.1 Linkages to health and safety matters provisions. Policies on child protection, use and storage of dangerous products, safety checks and maintenance of buildings and equipment, occupational health and safety. Incident, injury, trauma and illness Reg 85; 168(2)(b) Aligns with current except for trauma and incident. Draft and Confidential 60

REQUIRED POLICIES AND PROCEDURES ALL SERVICE TYPES (Reg 168) Content Reference Existing QLD Child Care legislation National Childcare Accreditation Council Staffing arrangements Staffing Including code of conduct; determining the responsible person present; participation of volunteers and students Reg 168(2)(i) NQS 4.2 ü Aligns with current except for determining responsible person and code of conduct. Relationships with children Interactions with children Reg 155 to 156; 168(2)(l) NQS 5.1, 5.2 Linkages to guiding principles Policy on positive behaviour guidance Service management Governance and management of the service Including confidentiality of records Reg 168(2)(a) NQS 7.3 Linkages to confidentiality of records. Enrolment and orientation Reg 168(2)(k) NQS 6.1 Linkages to record keeping requirements. Payment of Fees Reg 168(2)(n) Dealing with Complaints Reg 168(2)(o) Aligns Documented procedures for grievance and complaints handling. Draft and Confidential 61

Recruitment of family day care educators ADDITIONAL POLICIES AND PROCEDURES FOR FAMILY DAY CARE SERVICES (Reg 169) Content Reference Linkages to existing QLD Child Care legislation Assessment, approval and reassessment of approved family day care residences and family day care venues Reg 116; 169(2)(a) NQS 2.3 ü Broadly links to coordinator functions Recruitment of family day care educators Reg 169(2)(b) NQS 7.1 Keeping a register of family day care educators Reg 153; 169(2)(c) Linkages to record keeping requirements Monitoring, support and supervision of family day care educators Reg 169(2)(d) NQS 4.2 Linkages to coordinator functions. Fit and proper assessment of family day care educators, assistants and adults residing at family day care residences Reg 163; 169(2)(e) Linkages to Act requirements/CCYPCG requirements Visitors to family day care residences and venues Reg 165; 169(2)(f) Linkages to coordinator functions and requirements Provision of information, assistance and training to family day care educators Reg 169(2)(g) NQS 4.2, 7.2 Linkages to coordinator functions Engagement and registration of family day care assistants Reg 154; 169(2)(h) Broad linkage to coordinator functions Draft and Confidential 62

Next Steps - NQF Where to from here? QLD Parliament debate and passage of the Bill Services will receive a transition information pack in December 2011 Commencement of the Law and Regulations 1 January 2012 National IT system commences in January 2012 Assessment and Ratings process to be finalised Services to be assessed in mid 2012 will be contacted in March/April Assessment and rating training and support Draft and Confidential 63

Resources www.det.qld.gov.au/earlychildhood www.acecqa.gov.au Education and Care Services National Law Guide to the National Quality Framework 1 Support Documents Guide to the National Law and National Regulations 2 Education and Care Services National Regulations Source Documents Guide to the National Quality Standard 3 Guide to Developing a Quality Improvement Plan 4 National Quality Standard Early Years Learning Framework & Framework for School Age Care (or other approved learning framework) www.det.qld.gov.au/earlychildhood www.acecqa.gov.au Draft and Confidential 64

Thank you for your participation Draft and Confidential 65