John St Community Early Childhood Cooperative 1 Policy Document: Determining the responsible person present July 2012

Determining the Responsible Person Present Purpose The Education and Care Services National Regulations require John Street to have in place policies and procedures in relation to determining the responsible person present at the service.

Objective To ensure that a responsible person is physically present at John Street at all times that the service operates.

Definitions Responsible Person – can be the approved provider (or person in management control); the nominated supervisor; or a certified supervisor who has consented to be placed in day-to-day charge of John Street. Nominated Supervisor – a person who is a Certified Supervisor, has been nominated by the Approved Provider and has consented to that Nomination. Certified Supervisor – a person who has been assessed as fit and proper by the Victorian Government Department of Education and Early Childhood Development . Fit and proper – someone who satisfies the DEECD that they are a fit and proper person to be the supervisor of a service. This includes being over the age of 18, holding a valid working with children check, meeting minimum qualification requirements, experience and management capability, and demonstrates a history of involvement in education and care services and compliance with current and previous education and care services law, children’s service law or education law.

Scope of Policy This policy applies to the Board, Director, 2IC and educators at John Street. John Street Community Early Childhood Cooperative Policy Document Produced by Community Child Care © 2012

John St Community Early Childhood Cooperative 2 Policy Document: Determining the responsible person present July 2012

Policy Statement It is a requirement of the Education and Care Services National Law that a responsible person is physically present at John Street at all times that John Street is in operation. The Board require the Director to hold a Certified Supervisor Certificate, as authorised by the Australian Children’s Education and Care Quality Authority, and approved by the Victorian Government Department of Education and Early Childhood Development. The Board nominate the Director to be the ‘Nominated Supervisor’ for John Street, which is documented John Street’s provider approval to operate an education and care service for children, signed by the Board. The Board ensure that the Director assumes management control of John Street, however from time to time when the Director is not available, procedures must be implemented to ensure that obligation under the national law is met at all times. All educators at John Street are encouraged to obtain a Certified Supervisors Certificate which allows them to be eligible to be Nominated Supervisor, or to be placed in day-to-day charge when the Director is not physically present at John Street.

Procedures   

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A responsible person must be physically present and have signed their consent to being placed in charge at all times John Street is in operation. The name and position of the responsible person in charge of John Street at any given time will be displayed so that it is easily visible to anyone from the main-entrance. Given that the responsible person in charge may change throughout the day (e.g. changeover of shifts) the requirement to display the name and position of the responsible person in charge will be met by providing this information and a photo of the responsible person at the time in the main entrance of the foyer. The responsible person in charge at John Street is the Director, when the Director is physically present, if: o The Board have appointed the Director as the Nominated Supervisor at John Street o The Director has accepted this nomination in writing, which is kept in the staff record in the administration office and is available for inspection o The Board will notify the Victorian Department of Education and Early Childhood Development if the Nominated Supervisor for John Street changes. If the Director is not physically present at John Street for any period of time, the 2IC is nominated as the person in charge for that time is the 2IC is physically present, if: o The 2IC hold a supervisors certificate John Street Community Early Childhood Cooperative Policy Document Produced by Community Child Care © 2012

John St Community Early Childhood Cooperative 3 Policy Document: Determining the responsible person present July 2012 o

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The Director, as the Nominated Supervisor, has nominated the 2IC as the person in day-today charge and the 2IC has accepted this nomination in writing, with signed consent held in the staff record in the administration office and is available for inspection. If the Director as the Nominated Supervisor, and the 2IC as the nominated person in charge when the Director is absent, are both not physically present at John Street for any time, another responsible person must be appointed in charge of John Street for this period of time. Educators at John Street who hold a Supervisor Certificate are eligible to be the responsible person in day-to-day charge in the absence of the Nominated Supervisor. Under the National Law there is no maximum amount of certified supervisors that can be employed at John Street at any one time, so all educators are encouraged to apply for a supervisor’s certificate.

Educators at John Street who hold a Supervisors Certificate and wish to be considered to be placed in charge on an acting basis for the times where the Director (being the Nominated Supervisor) is not in attendance at John Street, will be asked to discuss their practical knowledge of the day-to-day responsibilities of being an educator at John Street, including how you work through unexpected problems, along with demonstrating a knowledge of:     

The Education and Care Services National Law Act 2010, and the Education and Care Service Services National Regulations 2011 Equal Opportunity Employment Conditions and the Professional Child Care Standards 2012 Health and Safety, including Child Protection responsibilities Privacy, Confidentiality and Equal Opportunity/Anti-Discrimination policies and procedures John Street Community Early Childhood Cooperative’s policies and procedures.

As the person with responsibility for the day-to-day management of John Street, the Nominated Supervisor has a range of responsibilities including: Educational programs

Ensuring educational programs are based on and delivered in accordance with an approved learning framework, based on the developmental needs, interests and experiences of each child, and designed to take into account the individual differences of each child

Supervision and safety of children Entry to and

Ensuring children are adequately supervised, are not subject to inappropriate discipline, and are protected from harms and hazards Ensuring children do not leave the education and care service premises except in John Street Community Early Childhood Cooperative Policy Document Produced by Community Child Care © 2012

John St Community Early Childhood Cooperative 4 Policy Document: Determining the responsible person present July 2012 exit from the premises

accordance with the National Regulations (for example, with a parent, on an authorised excursion, or for emergency medical treatment) Ensuring that a parent of a child being educated and cared for by the service may enter the service premises at any time when the child is being educated and cared for by the service—except when permitting entry would pose a risk to the safety of the children and staff or conflict with the duty of the supervisor under the National Law, or the supervisor is aware the parent is prohibited by a court order from having contact with the child

Food and beverages

Ensuring an unauthorised person (as defined in the National Law) is not at the service while children are present unless the person is under direct supervision Ensuring adequate health and hygiene practices and safe practices for handling, preparing and storing food are implemented at the service to minimise risks to children Ensuring children being cared for by the service have access to safe drinking water at all times and are offered food and beverages on a regular basis throughout the day Ensuring that, where food and beverages are supplied by the service, they are nutritious and adequate in quantity, and chosen with regard to the dietary requirements of individual children Ensuring that, where food and beverages are provided by the service, a weekly menu that accurately describes the food and beverages to be provided is displayed at the premises in a location accessible to parents

Administration Ensuring that medication is not administered to a child being cared for by the service of medication unless the administration is authorised (except in the case of anaphylaxis or asthma emergency) and is administered in accordance with the National Regulations Where medication is administered to a child without authorisation in a case of an anaphylaxis or asthma emergency, ensuring that a parent of the child and emergency services are notified as soon as practicable Prescription and nonprescription of drugs and alcohol Sleep and rest

That while educating and caring for children at the service, they must not consume alcohol or be affected by alcohol or drugs (including prescription medication) so as to impair their capacity to supervise or provide education and care to children

Taking reasonable steps to ensure that the needs for sleep and rest of children are met, having regard to the ages, development stages and individual needs of children John Street Community Early Childhood Cooperative Policy Document Produced by Community Child Care © 2012

John St Community Early Childhood Cooperative 5 Policy Document: Determining the responsible person present July 2012 Excursions

Ensuring that a risk assessment is conducted before an excursion in accordance with the National Regulations, and specifically that the risk assessment is conducted before authorisation is sought to take a child on the excursion

Staffing

Ensuring the prescribed educator-to-child ratios are met and each educator at the service meets the qualification requirements relevant to the educator’s role.

Responsibility It is the responsibility of the Board and the Director to ensure that this policy is actively implemented. The 2IC and other educators may have additional responsibilities in the absence of the director in implementing this policy. Certified Supervisors who are placed in day-to-day charge of John Street are not the equivalent of a nominated supervisor and do not have the same responsibilities under the National Law as a Nominated Supervisor.

Legislative Provisions Education & Care Services National Law Act 2010 – Sections 5, 44, 56, 161, 162 & 172 Education and Care services National Regulations: r.35 r.146 r.168 r.173

Notification of change to nominated supervisor Nominated Supervisor Education and Care Service must have policies and procedures Prescribed information to be displayed

Sources Australian Children’s Education and Care Authority, Factsheet on Nominated Supervisors & Factsheet on Certified Supervisors, accessed September 2012 from http://acecqa.gov.au/storage/ACECQA%20Information%20Sheet%20%20Nominated%20Supervisors.pdf

Related John Street Policies, Procedures and Guidelines Policies Appendices

Code of Professional Conduct; Communication with Families Application process and interview question for educators considering to nominate as a responsible person; Educators consent form to be place in day to day charge at all times John Street is in operation John Street Community Early Childhood Cooperative Policy Document Produced by Community Child Care © 2012

John St Community Early Childhood Cooperative 6 Policy Document: Determining the responsible person present July 2012

Authorisation & Review The Board will ensure the way in which it determines the responsible person present at John Street is in the best interests of John Street, and complies with the Education and Care Services National Law. The review and development of policies and procedures will be completed by the Grants and Policy subcommittee of the Board, in collaboration with John Street's Director. Drafts will be circulated to seek input from staff and feedback from families, before final approval from the Board. In accordance with R. 172 of the Education and Care Services National Regulations, John Street will ensure that families of children enrolled at John Street are notified at least 14 days before making any change to a policy or procedure that may have significant impact on: John Street’s provision of education and care to any child enrolled at the service; a family’s ability to utilise the service; or the fees charged or the way in which fees are collected. To ensure that that John Street is compliant, and maintains collaborative approaches with the community, John Street will notify all families of children enrolled at least 14 days before making ANY policy change, unless this time period would pose risk to the safety, health or wellbeing of any child enrolled in the service, in which case John Street will act to adjust any policies and/or procedures to ensure the safety, health and wellbeing of all children at the service, and will notify families as soon as practicable after making the necessary change(s). The Board authorises this policy and welcomes the opportunity to discuss any aspect with stakeholders. We appreciate your support while we strive to provide a quality education and care service for children and families in our community. Date approved: Signed:

Date Reviewed July 2012

Details of Change New Policy

Date of next Review December 2013

John Street Community Early Childhood Cooperative Policy Document Produced by Community Child Care © 2012