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So Now You Are an Approved Provider? The Role of the Approved Provider and the NQF
- 1. Now you are an Approved Provider …
- 2. About Community Child Care Community Child Care Co-operative is a NSW based non-profit organisation working in the children’s services sector. We are the peak body for community based children’s services in NSW and work to ensure positive outcomes for children and their families.
- 3. Our contact details (02) 8922 6444 21/142 Addison Road Marrickville 2204 www.ccccnsw.org.au info@ccccnsw.org.au
- 4. By the end of the session participants will be able to… 1. Describe the main changes that the National Quality Framework has brought to children’s services; 2. Identify the main changes in responsibilities and processes for management committees and owners. 3. Explain some of the changes you will need to make at service level.
- 5. Disclaimer The content of this session is provided for information purposes only. Although we have taken all care in providing accurate information we do so on the basis that all participants undertake responsibility for assessing the relevance and accuracy of the content for their service’s situation.
- 6. WHY ARE YOU AT THIS SESSION?
- 7. What are the major changes? Introduction of the National Quality Framework. – New terminology – New National Quality Standard and ratings system – New learning frameworks – New nationally consistent regulatory system.
- 9. New terminology Old New Child care service Education and care service Child care workers/ carers Educators Licensees Approved providers Authorised Supervisors Nominated Supervisors
- 10. New National Quality Standard and ratings system.
- 11. New ratings system The National Quality Standard is the standard against which services: Self-assess their performance in delivering quality education and care; Plan future improvements to their service via a Quality Improvement Plan; and Are assessed by the Department of Education and Communities.
- 12. Ratings
- 14. 2 Frameworks Belonging, Being and Becoming: The Early Years Learning Framework (EYLF) My Time, Our Place: Framework for School Age Care
- 15. New Regulatory System
- 16. New Law and New Regulations We previously had a NSW Law and the Children’s Services Regulation 2004. We now have the: Children (Education and Care Services National Law Application) Act 2010 and Education and Care Services National Regulations 2011
- 17. Approvals You had a Licence (Children’s Services Provider Licence and Service Approval) PROVIDER APPROVAL: nationally recognised – enables providers to apply for Service Approvals in any Australian state or territory. SERVICE APPROVAL: authorises an approved provider to operate a specific education and care service.
- 18. Changes to your operations You are now required to have at your service: A Nominated Supervisor; A responsible person in charge at all times; An Educational Leader. A Quality Improvement Plan. There are changes to: Required qualifications of educators; and Staff: child ratios. Your service may require: A waiver or waivers.
- 19. Nominated Supervisors Every service must appoint a single Nominated Supervisor. To be a Nominated Supervisor an individual must have a Certified Supervisor’s Certificate and be appointed by the Approved Provider as the Nominated Supervisor. The Nominated Supervisor is responsible in conjunction with the Approved Provider for ensuring the service is following the Law and the Regulations eg ratios and qualifications.
- 20. Certified Supervisors Do not have same responsibilities as a Nominated Supervisor. Must have specified skills and experience. A Supervisor’s Certificate stays with the individual – not the service.
- 21. Responsible Person Under the Regulations, you must have a responsible person present whenever there are children being educated and cared for by the service. A responsible person can be: The APPROVED PROVIDER; or The NOMINATED SUPERVISOR; or A CERTIFIED SUPERVISOR who has been placed in day-to-day charge of the service.
- 22. So how do we do this? Most services will probably choose to have a number of their staff apply for Supervisor’s Certificates so that there is always someone who can be the responsible person at their service.
- 23. Educational Leader Every service must also have an Educational Leader. (designated in writing) They must be “suitably qualified and experienced”. Their role is to “lead the development and implementation of educational programs in the service”.
- 24. Qualifications Minimum Qualification: Certificate III in Children’s Services (or working towards) 50% of staff: a Diploma or higher qualification (or working towards)
- 26. Ratios For NSW services the only change to ratios is for toddlers (25 months to 35 months). The new ratio from 2016 is 1 educator to 5 children. Educators must be working directly with children to be included in the ratios.
- 27. Waivers If you cannot meet some of the physical environment or staffing requirements of the Regulations, you can apply for a waiver. Service Waiver – provides a waiver on an ongoing basis. Temporary Waiver – provides a waiver for a fixed period (up to 12 months).
- 28. Quality Improvement Plans All services need to have a Quality Improvement Plan. You had to prepare your plan by 30 April 2012 and will need to revise it annually. You only need to send it to DEC when they request it.
- 29. Assessor visits Assessment undertaken by DEC (assessment and compliance officers) Service notified, asked to submit QIP Then will get date of assessment and rating visit
- 30. When will assessment start? June 2012! All service’s initial rating will be “Provisional—Not Yet Assessed under the National Quality Framework”.
- 31. ENFORCEMENT AND COMPLIANCE
- 32. How will the Regulations be enforced? Under the National Law, DEC has a range of different mechanisms to use for ensuring services comply with the Regulations (as well as the rating system of course!). The National Law and Regulations contain certain offences, for example failing to adequately supervise children.
- 33. How are the Regulations and Law monitored? Visits: • Announced; • Unannounced; • Random; • Targeted campaign; and • Assessment and rating Notification of incidents Complaints
- 34. What if your service breaks the Regulations or Law? You can be: – issued an infringement notice – asked to enter into enforceable undertakings – issued with a compliance directions or compliance notices – issued with a prohibition notices – issued an emergency action notice to remove or reduce an immediate risk to the safety, health or wellbeing of a child or children or have children removed. – have your approval suspended or cancelled – be prosecuted for breaches of the National Law.
- 35. What is an offence for a provider under the law? – Provide an education and care service without service approval – Advertise a service without service approval – Operate a service without a Nominated Supervisor – Operate a service without a responsible person present – Inadequate supervision – Inappropriate discipline – Fail to protect children from harm and hazards – Fail to provide required program – Fail to meet minimum staffing requirements, including ratios and qualifications – Allow unauthorised person to remain on premises – Fail to comply with direction to exclude inappropriate person
- 36. Offences under the law cont. – Fail to display prescribed information – Fail to notify circumstances to the Regulatory Authority – Fail to keep enrolment and other documents – Not follow a Compliance Direction – Obstruct an authorised officer – Fail to assist an authorised officer – Destroy or damage notices or documents – Impersonate an authorised officer – Fail to comply with notice or requirement – Hinder or obstruct Regulatory Authority
- 37. Offences under Regulations So what can a provider fail to do under the Regulation? It can fail to ensure that: – a Quality Improvement Plan is prepared and submitted – you do not give or an employee does not give a false or misleading statements about your rating – a record of child assessments or evaluations for delivery of education program are documented and available to parents – staff implement adequate Health and hygiene practices and safe food practices – children have access to safe drinking water and regular food and beverages – If your service provides food it must be nutritious, enough, and appropriate cultural/ religious/health
- 38. Under Regulations cont. – an accurate weekly menu is displayed – that needs for sleep and rest of children are being catered for – the environment is tobacco, drug and alcohol free – staff members are not affected by alcohol or drugs – staff know about child protection law – parents are notified of incident, injury, trauma and illness – Infectious diseases – First aid kits – Medical conditions policy to be provided to parents – Administration of medication
- 39. Under Regulations cont. – Emergency and evacuation procedures – Telephone or other communication equipment – Children leaving the education and care service premises – Risk assessment must be conducted before excursion – Authorisation for excursions – Premises, furniture and equipment to be safe, clean and in good repair – Fencing and security – Access to sufficient furniture, materials and developmentally appropriate equipment – Laundry and hygiene facilities – Space requirements- indoors – Space requirements- outdoor space
- 40. Under Regulations cont. – Ventilation and natural light – Administrative space – Nappy change facilities – Outdoor space- natural environment – Outdoor space- shade – Premises designed to facilitate supervision – Glass – Educational leader – Educators who are under 18 to be supervised – Relationships in groups – Access for parents
- 41. Under regulations cont. – Children not to be alone with visitors – Policies and procedures in place – Policies and procedures are followed – Policies and procedures are available – Notification of change to policies and procedures – Prescribed enrolment and other documents are kept – Confidentiality of records kept by approved provider – Storage of records and other documents – Law and regulations are available at the service
- 42. So how do you ensure you do not commit an offence? Policies Procedures PD for staff
- 43. FINDING OUT MORE
- 44. Websites The Australian Children’s Education and Care Quality Authority (ACECQA) www.acecqa.gov.au/ Department of Education and Communities www.educationandcommunities.nsw.gov.au/ 1800 619 113 Community Child Care Co-operative www.ccccnsw.org.au Children’s Services Central www.cscentral.org.au 1800 157 818
- 45. CCCC Resources CCCC has an “NQF in a Box” website for members which contains resources such as NQF Ready Policies. Available in the Members’ Only section of the website.
- 46. Questions
- 47. Thanks
Hinweis der Redaktion
- Welcome. Acknowledgement of Country. OHS announcements. This session goes for 2 hours. We will have a 20 minute break in the middle where there will be tea and coffee. We will also try and have a clear 30 minutes for questions at the end.
- CCCC is the peak body for community based education and care services and a resource organisation for all early education and care services in NSW. Our goals are to: To inform …the sector through accurate information, detail on legislation, regulation and responsibilities, great training and publications. To influence …government policy, practices and programs to create positive outcomes for children and families. To inspire …the sector with exciting professional learning, motivating forums and events, exciting and innovative publications and resources.
- CCCC would like to acknowledge the contribution of the Department of Education and Communities (DEC) for funding these sessions. I would like to remind people that these sessions are specifically for long day care services and preschools who are covered by the NQF. If you are from a different service type remember this information may not be correct for your type of service.
- So what do we hope to achieve over the next 2 hours? By the end of the session participants will be able to : Describe the main changes that the National Quality Framework has brought to children ’s services; Identify the main changes in responsibilities and processes for management committees and owners Explain some of the changes you will need to make at service level.
- The content of this session is provided for information purposes only. Although we have taken all care in providing accurate information we do so on the basis that all participants undertake responsibility for assessing the relevance and accuracy of the content for their service ’s situation. Please also remember that CCCC is providing these information sessions for approved providers but we are not responsible for these changes. Do not shoot the messenger.
- My guess is that many of you are here because the director of your service said it would be a good idea to come, that you needed to hear about “the changes”. My guess is also that many of you do not know what “the changes“ are or indeed exactly why you are here. Am I right? If I am – please do not worry, you are not alone. You are at this session essentially because some major changes have happened to children’s services from the beginning of 2012. This session is designed to give you: Information about these changes; Information about how these changes will affect your role as a management committee member or owner; Information about the changes to the law and regulations that govern the operation of a children’s service.
- Major changes At the December 2009 Council of Australian Governments (COAG) meeting, all Australian Governments agreed to a National Quality Agenda for Early Childhood Education and Care. The National Quality Agenda is the overarching name given to the reforms designed to improve the quality of education and care services. The reforms are mostly referred to as the National Quality Framework or NQF. The NQF brings with it new terminology , a new National Quality Standard and ratings system , new learning frameworks and a new nationally consistent regulatory system. Why do we have the National Quality Framework? The NQF is being introduced across Australia to help children have the best possible start in life. It is designed to improve the quality of education and care services for children and their families. Participating in the National Quality Framework is not optional for services – your approval to operate an education and care service is dependent on your participation in the NQF.
- There is a handful of new terminology which we will run through quickly now so that we are all talking the same language.
- Children’s services are now referred to as education and care services. People working in a face to face role with children are now referred to as educators. A licensee of a service (the organisation which is legally allowed to run a service) is now called an Approved Provider. There is no longer Authorised Supervisors there is now Nominated Supervisors and Certified Supervisors. If you were not familiar with the old terminology, don’t worry – we will take you through what you need to know in this session.
- There is a new National Quality Standard and rating system. If your service was previously accredited under a Quality Assurance system, this is the replacement system. What was previously a separate licensing system managed by the State Government and an accreditation system managed by the Commonwealth Government is now the one system.
- As part of the National Quality Framework there is a new National Quality Standard. The National Quality Standard which has 7 areas of quality for services to attain> It is the standard against which services: Self-assess their performance in delivering quality education and care; Plan future improvements to their service via a Quality Improvement Plan; and Are assessed by the Department of Education and Communities to determine their service ’s rating.
- Through the assessment process, the quality of your service is assessed. Your service can be awarded one of 5 quality ratings. These go from Excellent to Significant Improvement Required. The highest award DEC can give your service is Exceeding NQS. If you receive an overall rating of Exceeding NQS, you can apply to the Australian Children ’s Education and Care Quality Authority (ACECQA) for an Excellent rating. What if you don ’t agree with the rating you have been given? There are a range of review mechanisms in place.
- A curriculum or learning framework is a set of principles and practices which outline fundamental components to inform and guide the delivery of nationally consistent and high quality experiences and programs in education and care services. We have two new Learning Frameworks in place as part of the NQF.
- Services are required to use The Early Years Learning Framework and or Framework for School Age Care as appropriate to inform the development of a curriculum that enhances each child ’s learning and development. Early Years Learning Framework Belonging, Being and Becoming: The Early Years Learning Framework(EYLF ) describes the principles, practice and outcomes essential to support and enhance young children ’s learning from birth to five years of age, as well as their transition to school. The EYLF has a strong emphasis on play-based learning and recognises the importance of communication and language (including early literacy and numeracy) and social and emotional development. Framework for School Age Care My Time, Our Place: Framework for School Age Care aims to extend and enrich the wellbeing and development of school age children in education and care settings. It acknowledges time and place as children engage in a range of play and leisure experiences that allow them to feel happy, safe and relaxed, interact with friends, practice social skills, solve problems, try new activities and learn life skills.
- As part of the National Quality Framework there is a new national regulatory system for education and care services. This is important to you as a member of a management committee or an owner of a service because this regulatory system is what allows you to operate a children ’s service. It also confers responsibilities on you. You need to be aware of these responsibilities and the consequences of breaching these to effectively fulfil the position you hold.
- We previously had a NSW Law and the Children’s Services Regulation 2004. We now have the: Children (Education and Care Services National Law Application) Act 2010 and Education and Care Services National Regulations Both of these are important. The Law is what tells us how children’s services can operate. The Regulations are the way that this law is applied. It is the Regulations that services will mostly refer to but there is important information in the National Law. As a children ’s service which has approval to operate under the national law, your service is legally obliged to comply with the Law and Regulations, including the minimum requirements set out in Chapter 4 and assessment against the National Quality Standard. One of the main changes under the NQF is that what was previously 2 separate processes – accreditation and regulation – is now the one combined process carried out by the NSW Department of Education and Communities (DEC). The NSW Department of Education and Communities (DEC) is the NSW ‘regulator’ under the NQF. It is the Early Childhood Education and Care Directorate of DEC who will assess services against the NQS and check compliance under the Regulation. The new Law and Regulations came into force from the first of January 2012.
- You previously had to have a Licence to operate a children ’s service (for the last 2 years they have been called Children’s Services Provider Licence And Service Approval – but many services still referred to this as a Licence). You now need a Provider Approval and a Service Approval. Provider Approval —is nationally recognised and enables providers to apply for Service Approvals in any Australian state or territory Service Approval —authorises an approved provider to operate a specific education and care service. If you are currently licenced and operating a DEC-approved service, you will automatically be granted a provider and service approval. DEC started sending the Service and Provider approvals in June 2012.
- There are a number of regulatory changes which may affect your services operations. You are now required to have at your service: A Nominated Supervisor; A responsible person in charge at all times; An Educational Leader. A Quality Improvement Plan (or QIP) There are changes to: Required qualifications of educators; and Staff: child ratios. Your service may require: A waiver or waivers for parts of the new regulation it cannot meet.
- Nominated Supervisor A Nominated Supervisor is a person who has been nominated by the Approved Provider to be the Nominated Supervisor of that service and who has agreed to do this. You can only appoint someone as a Nominated Supervisor if they have a Certified Supervisors Certificate. The Nominated Supervisor is responsible in conjunction with the Approved Provider for ensuring the service is following the Law and the Regulations eg ratios and qualifications To obtain a Supervisor ’s Certificate an employee must have certain qualifications and experience. All existing Authorised Supervisors under the old law will automatically be granted Certified Supervisor Certificates. Where a service has one existing Authorised Supervisor they will automatically become the Nominated Supervisor for that service. A Nominated Supervisor, like an Authorised Supervisor in the old system, holds special responsibilities (and liabilities) under the Law and Regulations.
- As well as Nominated Supervisors, services also need a number of Certified Supervisors. A certified supervisor (a person with a supervisor certificate placed in day to day charge of an education and care service) is not the nominated supervisor for the service and does not have the same responsibilities as the nominated supervisor. To obtain a Supervisors Certificate a person u must have adequate knowledge and understanding of the provision of education and care to children; and the ability to effectively supervise and manage an education and care service; as well as either 3 years experience or a Diploma or ECT qualification. In NSW they must also pass the WWC check. A Supervisor ’s Certificate belongs to the individual – not the service.
- So if the responsibilities of a Nominated Supervisor do not pass on to the Certified Supervisor, why does your service need them? Can’t you just survive with one Nominated Supervisor? Services will need to ensure a number of staff are Certified Supervisors so there can always be someone available to take on the role of responsible person. A service must always have a responsible person present. This is the person who is ultimately responsible for the service at that time. A responsible person can be: The APPROVED PROVIDER – if this is an individual. If it is an organisation or company then someone with management and control of the service (so a company director or chairperson, treasurer, secretary); The NOMINATED SUPERVISOR – this is a person with a Supervisor ’s Certificate designated by the service as the Nominated Supervisor. A CERTIFIED SUPERVISOR who has been placed in day-to-day charge of the service. You will need to set up systems in your service so that whenever the Responsible Person leaves the service, they hand responsibility over to another person from the 3 categories above. This needs to be documented (by a sign in sheet or similar) and the person ’s name who is in charge at any one time needs to be displayed at the front of the service. [Clause 162] Nominated Supervisors or Certified Supervisors in NSW cannot be made a responsible person unless they also have completed a child protection Course. Approved providers do not need to have completed a child protection course to be the responsible person present at a service.
- Most services will probably chose to have a number of their staff apply for Supervisors Certificates so that there is always someone who can be the responsible person at their service.
- Your service must also appoint someone as an educational leader (designated in writing). This person must be “suitably qualified and experienced”. Their role is to “lead the development and implementation of educational programs in the service”. Who should you choose? CCCC recommends the appointment of an ECT to this position, but your service may have compelling reasons why it wishes to appoint a diploma qualified staff member.
- From 2014 there are changes to the qualifications required of staff you can employ in a children ’s service. Minimum Qualification: Certificate III in Children ’s Services or actively working towards one 50% of staff: a Diploma or higher qualification or actively working towards one.
- From 2014 requirements for Early Childhood Teachers will also change: Up to 24 children = access to a teacher 20% of the time the service is open. 25 to >29 children = 1 teacher for six hours per day if the service is open less than 50 hours per week, or 60% if open for more than 50 hours per week (or a full time teacher) These two changes above from January 2014. 30 to > 39 children = 1 teacher 40 to > 59 children = 2 teachers 60 to > 79 children = 3 teachers 80 + children = 4 teachers NSW has a higher standard regarding teachers than other states. It is therefore important that if your centre is over 29 places you read Part 7.3 of the Regulations for rules concerning teachers in NSW. These requirements apply in place of Regulations 132–135. It is especially important to note that the Regulation which allows for teachers absences or illnesses does not apply to NSW services above 30 places – the wording for NSW is that they must be “in attendance at all times children are being educated and cared for”. Essentially for services larger than 29 places there is no change to requirements.
- For NSW services the only change to ratios is for toddlers (25 months to 35 months). The new ratio from 2016 is 1 educator to 5 children. Other age group ratios remain the same. Educators must be working directly with children to be included in the ratios. Obviously Educator to child ratios are not the only consideration in determining appropriate staffing. You also need to maintain adequate supervision and organise your staffing in a way to achieve quality education, health and wellbeing outcomes under the 7 Quality areas of the National Quality Standard. If you have less than 25 places, the teacher you are required to have access to for 20% of the time, cannot be included in your ratios.
- If you cannot meet some of the physical environment or staffing requirements of the Regulations, you can apply for a waiver. Service Waiver – provides a waiver on an ongoing basis. Temporary Waiver – provides a waiver for a fixed period (up to 12 months). Service Waiver: ▶ Gives an exemption from a physical environment or staffing requirement ▶ Will be specified on Service Approval. What sort of thing might you need a service waiver for? If your service does not have a separate administrative space as required under Regulation 111, you may be a granted a service waiver for this requirement. Temporary Waiver: ▶ Gives a temporary waiver from a physical environment or staffing requirement ▶ Will be specified on Service Approval. What sort of thing might you need a temporary waiver for? If your service cannot recruit a teacher as required under Regulations 130–134, you may be a granted a temporary waiver for this requirement. If a service held an approval under the Early Childhood teacher Interim Policy this will become a temporary waiver in force till 2013. If you had space savings under the old regulation this will become a service waiver until such time as the service undergoes renovations.
- All services need to have a Quality Improvement Plan in place. You need to assess your service against all of the 7 quality areas of the National Quality Standard and enter those you have assessed as needing improvement in the Quality Improvement Plan. There is a template available for this. ▶ You had to prepare your plan by 30 April 2012 and will need to revise it annually. ▶ You only need to send it to DEC when they request it . This will generally only be in the lead-up to an assessment visit. ▶ DEC can request to view your QIP whenever they visit your service. ▶ You need to update it annually. ▶ You need to keep a current plan at the service and ensure families and DEC can view it upon request. ▶ You will have six weeks to revise the plan before submission after you have been notified of your assessment date. ▶ You will need to update the final plan after you have been assessed and rated. The Quality Improvement Plan must include: ▶ Your service details; ▶ The philosophy of your service; ▶ A summary of strengths and areas for improvement for those of the 7 Quality Areas you have assessed as needing improvement; ▶ How you plan to improve – your goals, priorities, steps and measures of success.
- Assessment of your service is undertaken by DEC ’s assessment and compliance officers. The frequency of routine assessments will depend on the rating of the service. The higher the rating, the less frequent the assessment. The assessment and rating process The service will be notified by DEC that it is going to be assessed and rated, and will be asked to submit a copy of the QIP. The DEC officer conducting the assessment will review service information and the service ’s QIP The service will then be told the date and time for the assessment and rating visit to the service. The officer will visit the service. The service will be given a draft copy of the assessment and rating report, and will have an opportunity to discuss and make comments on the report before it is finalised. The officer will then determine a service ’s rating for each of the seven quality areas, as well as an overall rating, and will give the service a copy of the final assessment and rating report for the service. There are a range of review rights .
- First site visits started on 18 th June 2012. The first batch of assessments will be finished in September 2012, when there will be a reassessment of the rating and assessment process to ensure the validity and reliability of its results. Services will not have to publish ratings till after everyone is happy with process. (Ministers ’ all decided this – so nothing will be published on My Child website etc until all states and territories are happy that the process is valid. All service ’s initial rating will be “Provisional—Not Yet Assessed under the National Quality Framework”.
- Under the National Law, DEC has a range of different mechanisms to use for ensuring services comply with the Regulations (as well as the rating system of course!). The National Law and Regulations contain certain offences, for example failing to adequately supervise children. Many of the offences in the National Law and Regulations would be familiar to services as they are similar to offences under existing NSW legislation. The Department of Education has a range of compliance powers which are set out in the National Law, again, many of these would be familiar to services (e.g. prosecution, infringement notices and compliance notices). The maximum penalty for an offence is set out under each offence provision. It is the courts that determine the amount of the penalty that must be paid, following a prosecution. In the last amendment to the NSW Regulation, the Department were given the power to issue penalty notices. This power also exists in the National Regulations, where they are called Infringement Notices. Infringement notices are just one of the range of enforcement and compliance tools available to the Department. The Department will also be using education and awareness strategies to increase knowledge of services ’ and individuals’ responsibilities under the Regulations and Law. Remember that the primary purpose of the Regs is to ensure the safety and quality of education for children. Services need to manage risks to ensure the well being of children.
- How is the Regulation and Law monitored? Visits announced, unannounced, random, targeted campaign, assessment and rating Notification of incidents Complaints
- What if your service breaks the Regulation or Law? You can be: issued an infringement notice asked to enter into enforceable undertakings issued with a compliance directions or compliance notices issued with a prohibition notices issued an emergency action notice to remove or reduce an immediate risk to the safety, health or wellbeing of a child or children or have children removed. have your approval suspended or cancelled be prosecuted for breaches of the National Law. There are a range of internal and external reviews of decisions made by the regulator.
- We will take questions on any aspect of the law and regulations and will do our best to provide answers. However, because of the complexity of individual services situations we cannot provide advice about ratios or qualifications requirements tailored to your individual service’s numbers and or configuration.