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Bexley Jack and Jill Preschool
*Determining the Responsible Person Policy


QUALITY AREA 4: STAFFING ARRANGEMENTS

DETERMINING A RESPONSIBLE PERSON

 

POLICY: An Approved Provider operates the preschool with an appointed Nominated Supervisor. 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 as the Responsible Person. Bexley Jack and Jill Preschool will ensure a Responsible Person is physically present at the service at all times children are being educated and cared for. Details of the Responsible Person on duty will be communicated and displayed for all users of the service.

 

BACKGROUND: The Education and Care Services National Law determines that a Responsible Person must be physically present at a centre based service at all times that a service operates.  The Responsible Person is either the Approved Provider (or the person in manage mentor 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.

 

LEGISLATION:

·       Education and Care Services National Law Act 2010

·       Education and Care Services National Regulations 2011: 173, 168(2)(i)

 

LINKS TO NATIONAL QUALITY STANDARD:

·       4.1 Staffing arrangements enhance children’s learning and development and ensure their safety and wellbeing.

·       7.1 Effective leadership promotes a positive organizational culture and builds a professional learning community.

 

KEY RESOURCES:

·       Australian Children’s Education and Care Quality Authority (ACECQA) www.acecqa.gov.au Information Sheets

·       ACECQA guide to the National Law and National Regulations

·       Determining Responsible Person Sample Policy– Community Child Care Cooperative

 

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.


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.


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


Supervisor Certificate

From 1 June 2014, regulatory authorities will grant a service supervisor certificate for each approved education and care service.

Service supervisor certificates will not be issued to a particular person.

Instead they may apply to any person working at the service who has been identified by the approved provider within the service as:

  • responsible for the day to day management of the service or
  • exercising supervisory and leadership responsibilities for part of the service

This means a person working in one of the above roles can be covered under the service supervisor certificate.

 

PRACTICES:

Appointing a Responsible Person

The Approved Provider is responsible for ensuring the safety and wellbeing of children at the service and will consider a person’s qualifications, experience and age when deciding whether they are suitable to be placed in day to day charge.

A person is covered, and may be placed in day today charge of the service, when:

  • the Approved Provider or the nominated supervisor identifies that they meet the criteria to hold a service supervisor certificate and
  • they give their written consent to be placed in day to day charge of the service(required under regulation 54).

 

Criteria to be determined a Responsible Person

Educators at the service who have been deemed suitable by the Approved Provider or Nominated Supervisor as a Certified Supervisor and wish to be considered for the role of Responsible Person in the absence of the Nominated Supervisor will be considered based on:

·       Their practical knowledge of the day-to-day responsibilities of being an educator at the service, including how to work through unexpected problems.

·      Must be over 18 years of age.       

·      A demonstrated understanding of:

o   Education and Care Services National Law Act 2010, and the Education and Care Service Services National Regulations 2011

    • Equal Opportunity Employment Conditions
    • Health and Safety, including Child Protection responsibilities
    • Privacy, Confidentiality and Equal Opportunity/Anti-Discrimination policies and procedures
    • Our education and care service’s policies and procedures.

 

·      Consideration will be also given regarding whether the individual has been subject to compliance action or disciplinary proceedings under a children’s services law, education law, or a previous education and care services law, in any state or territory.Candidates will be asked to submit a Compliance History Statement.

 

Roles and Responsibilities:

The Approved Provider will:

·       Ensuring there is a Responsible Person (refer to Background and Definitions) on the premises at all times the service is delivering education and care programs for children.

·       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 (National Law: Section 172).

·       Ensuring that the name of the Nominated Supervisor is displayed prominently at the service.

·       Notifying the Regulatory Authority in writing if there is a change of person in the role of Nominated Supervisor (Section 56, Regulation 35).

·       Ensuring that, in the absence from the service premises of a Nominated Supervisor, the Responsible Person 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 staff with Supervisor Certificates to meet the legislative requirement for a Responsible Person at the service during periods of leave or illness.

 

The Nominated Supervisor will:

·       Providing written consent to accept the role of Nominated Supervisor.

·       Ensuring that, in their absence from the service premises, another Certified Supervisor 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

 

The Responsible Person will:

·       Providing written consent to accept the role of Responsible Person.

·       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.

·       Ensuring they have a sound understanding of the role of Responsible Person.

·       Understanding that a Responsible Person placed in day-to-day charge of an approved service does not have the same responsibilities under the National Law as the Nominated Supervisor.

 

Families will:

·       Read and understand this policy.

·       Be aware of the Responsible Person at the service on a daily basis.

 

Evaluation

A responsible person is physically present at the preschool at all times and this is documented and displayed.

 

Policy reviewed October 2015

 

 

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