Determining the Responsible Person Present

Policy

One World Children’s Centre will follow the below guidelines to assist in determining the Responsible Person present.

Background information

Under the Education and Care Services National Law Act 2010, it is an offence to operate an approved centre-based education and care service unless a Responsible Person is present.

Legislation requires that a Responsible Person is physically in attendance at all times the service is educating and caring for children. The Responsible Person is either the Approved Provider (or the person in management or control of the service), the Nominated Supervisor of the service, or a Certified Supervisor who has been placed in day-to-day charge of the service. For more information regarding these terms, refer to Definitions.

An Approved Provider must not operate a service unless there is a 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 person with a Supervisor Certificate (a Certified Supervisor) is to be placed in charge, ensuring there is always someone on the service premises who has been assessed as fit and proper by the Regulatory Authority. It is important to note that a Certified Supervisor placed in day-to-day charge of a service does not have the same responsibilities under the National Law as the Nominated Supervisor.

Relevant Legislation and standards

Education and Care Services National Law Act 2010:
Education and Care Services National Regulations 2011
National Quality Standard, Quality Area 4
National Quality Standard, Quality Area 7

Definitions

Approved Provider: An individual or organisation that has completed an application form and been approved by the Regulatory Authority as fit and proper (in accordance with Sections 12, 13 and 14 of the National Law) to operate one or more education and care services.

Approved service: An education and care service for which a service approval exists. A request for service approval must be made in writing to the Regulatory Authority and include prescribed information including details of the Nominated Supervisor and their written consent to be nominated as such.

Certified Supervisor: An educator with a Supervisor Certificate (in accordance with the National Regulations) who may consent to being placed in day-to-day charge of the education and care service. The designation must be made by the Approved Provider or the Nominated Supervisor and accepted in writing by the Certified Supervisor. A Certified Supervisor placed in day-to-day charge of a service does not have the same responsibilities under the National Law as the Nominated Supervisor. Applications for Supervisor Certificates are assessed by the Regulatory Authority.

Duty of care: A common law concept that refers to the responsibilities of organisations to provide people with an adequate level of protection against harm and all reasonable foreseeable risk of injury.

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. Registered teachers and those who hold a current Working with Children Check card are considered to be fit-and-proper persons.

Nominated Supervisor: A person who is a Certified Supervisor and has been nominated by the Approved Provider of the service under Part 3 of the Act to be the Nominated Supervisor of that service, and who has consented to that nomination. The Nominated Supervisor has day-to-day responsibility for the service in accordance with the National Regulations. All services must have a Nominated Supervisor.

Supervisor Certificate: Allows a person to consent to be the Nominated Supervisor or Certified Supervisor, and be placed in day-to-day charge of an approved service. Applicants must be 18 years or older, be assessed as a fit-and-proper person (refer to Definitions above) and meet the minimum requirements for qualifications, experience and management capability required under the Regulations (Regulations 46–49). Applicants for a Supervisor Certificate are assessed by the Regulatory Authority.

Responsible Person: The Approved Provider (if that person is an individual, and in any other case the person with management or control of the service operated by the Approved Provider) or a Nominated Supervisor or Certified Supervisor who has been placed in day-to-day charge of the service in accordance with the National Regulations.

Roles:

Responsible Person:

Rebecca Webb

Nominated Supervisor:

Susan Peters

Certified Supervisors:

Carol Pundij
Tammy Taylor
Christina Brodie
Jillian Reilly
Melissa McLean
Katherine Couper

Responsibilities:

The Approved Provider (or delegate) is responsible for:

ensuring there is a Responsible Person on the premises at all times the service is delivering education and care programs for children
ensuring that a person eligible to be nominated as a Responsible Person holds a Supervisor Certificate and has appropriate skill level, experience, qualifications and approval to work with children, as required under the National Law and National Regulations
ensuring that the name and position of the Responsible Person in charge of the service is displayed and easily visible from the main entrance of the service
ensuring that the service does not operate without a Nominated Supervisor, and that this person has given written consent and holds a Supervisor Certificate
ensuring that the name of the Nominated Supervisor is displayed prominently at the service
ensuring that information about the Nominated Supervisor, including name, address, date of birth, evidence of qualifications and approved training, and a Working with Children Check is kept on the staff record
notifying the Regulatory Authority in writing if there is a change of person in the role of Nominated Supervisor
ensuring that, in the absence from the service premises of a Nominated Supervisor, another person with a Supervisor Certificate is placed in day-to-day charge of the service
ensuring that the Nominated Supervisor and Certified Supervisors have a sound understanding of the role of Responsible Person
ensuring there are sufficient educators with Supervisor Certificates to meet the legislative requirement for a Responsible Person at the service during periods of leave or illness
ensuring details of Supervisor Certificates are recorded on the staff record
notifying the Regulatory Authority in writing if there any changes to:
the name of the Approved Provider
the appointment or removal of a person with management or control of the service operated by the Approved Provider
the status of the Approved Provider as fit and proper
notifying the Regulatory Authority if a Nominated Supervisor or Certified Supervisor has their Working with Children Check card or teacher registration suspended or cancelled, or if they are subject to any disciplinary proceedings under the law.

The Nominated Supervisor is responsible for:

holding a Supervisor Certificate
providing written consent to accept the role of Nominated Supervisor
ensuring that, in their absence from the service premises, another person with a Supervisor Certificate is placed in day-to-day charge of the service
ensuring they have a sound understanding of the role of Responsible Person
ensuring that the name and position of the Responsible Person in charge of the service is displayed and easily visible from the main entrance of the service
developing rosters in accordance with the availability of Responsible Persons, hours of operations and the attendance patterns of children
notifying the Approved Provider and the Regulatory Authority within 7 days of any changes to their personal situation, including a change in mailing address, circumstances that affect their status as fit and proper, such as the suspension or cancellation of a Working with Children Check card or teacher registration, or if they are subject to disciplinary proceedings
notifying the Approved Provider if the Regulatory Authority cancels their Supervisor Certificate for any reason.

Certified Supervisors are responsible for:

holding a Supervisor Certificate
providing written consent to accept the role of Certified Supervisor
checking that the name and position of the Responsible Person in charge of the service is displayed and easily visible from the main entrance of the service
informing the Approved Provider and/or Nominated Supervisor in the event of absence from the service due to leave or illness so they can be replaced by another Responsible Person
ensuring they have a sound understanding of the role of Responsible Person
abiding by any conditions placed on the Supervisor Certificate
understanding that a Certified Supervisor placed in day-to-day charge of an approved service does not have the same responsibilities under the National Law as the Nominated Supervisor
notifying the Approved Provider and the Regulatory Authority within 7 days of any changes to their personal situation, including a change in mailing address, circumstances that affect their status as fit and proper, such as the suspension or cancellation of a Working with Children Check card or teacher registration, or if they are subject to disciplinary proceedings
notifying the Approved Provider if the Regulatory Authority cancels their Supervisor Certificate for any reason.

Educators are responsible for:

meeting the qualifications, experience and management requirements if they wish to gain a Supervisor Certificate, as defined in the National Regulations
applying to the Regulatory Authority and obtaining a Supervisor Certificate if they wish to accept nomination as a Certified Supervisor
ensuring they have a sound understanding of the role of Responsible Person
providing written consent if accepting the nomination to be a Certified Supervisor.

Sources

Australian Children’s Education and Care Quality Authority (ACECQA), Information Sheets:

Guide to the Education and Care Services National Law and the Education and Care Services National Regulations 2011: www.acecqa.gov.au

Guide to the National Quality Standard: www.acecqa.gov.au