Governance And Compliance Policy

Purpose
These guidelines will outline the duties, roles and responsibilities of FIRST IDEA FAMILY DAY CARE SERVICES, to ensure that there are appropriate systems and processes in place to enable
The effective governance and management of FIRST IDEA FAMILY DAY CARE SERVICES, service
Compliance with all regulatory and legislative requirements placed on the service.

Scope
These guidelines will apply to the Approved provider, nominated supervisor, educational leader, supervisors, educators, staff, students on placement, volunteers, parents/guardian, children and others attending the service.

Definition
It is the process by which the organisations are directed, controlled and held to account. It encompasses authority, accountability, stewardship, leadership, directions and control exercised in the organisation (Australian Audit Office ,1999)

Core elements of the governance of the Family Day Care Service, which FIRST IDEA FAMILY DAY CARE SERVICES, is responsible for:

  • Provide leadership, forward planning and guidance to the service, particularly in relation to developing a strategic culture and direction
  • Maintain focus, integrity and quality of service
  • Risks are minimized and managed appropriately
  • The service achieves the set goals
  • Budget and financial accountability to enable on-going viability and making best use of the service’s resources
  • Be accountable to members of the service
  • Oversee legal functions and responsibilities

Objective
To set the standard for the service operation and create the culture.

To ensures sound governance by ensuring the development and delivery of management and operational foundations, such as a statement of philosophy and set of robust policies and procedures that will set and dictate the operations of a family day care education and care service.

Policy
At FIRST IDEA FAMILY DAY CARE SERVICES, we are committed to setting a standard of operation and want to achieve quality practices in family day care service delivery that ensure we provide. We achieve this by having a sound business plan, understanding the legislation in which we are required to operate and embrace the quality standards that continually drive us to improve the education and care that children experience whilst in care.

Procedures
Approved provider and / Nominated supervisors are responsible for:

  1. Prescribed enrolment and other documents to be kept by the approved provider (Regulation 177)
    • the documentation of child assessments or evaluations for delivery of the educational program as set out in regulation 74
    •  an incident, injury, trauma and illness record as set out in regulation 87
    •   medication records as set out in regulation 92
    •   record of assessments of family day care residences and approved family day care venues conducted under regulation 116
    • record of volunteers and students in the respective educators’ files as set out in regulation 149
    • The records of the responsible person of the service as set out in regulation 150
    • records of staff, family day care co-ordinators engaged by the service and family day care educator assistants approved by the service, kept under regulation 154
    •  a children’s attendance records as set out in regulation 158
    •  child enrolment records as set out in regulation 160
    •  a record of the service’s compliance with the Law as set out in regulation 167
    • A record of each nominated supervisor and any person in day-to-day charge of the education and care service under section 162 of the law.
  2. Ensuring that the prescribed gathered, recorded and stored, updated and stored in a safe and secure place and the documents are accurate and current.
  3. Ensuring the documents mentioned in sub regulation (1) 177 in relation to a child enrolled at a service are made available to the parent of the child on request. In case of any court orders the provider must refer to the court order before giving the documents to the same.
  4. Ensuring the record of compliance is able to be accessed by any stakeholders of the service.
  5. Ensure the confidentiality of records kept and is not divulged or communicated, directly or indirectly to another person other than-( regulation 181)
    • To the extent necessary for the education and care or the medical treatment of the child to whom the information relates; or
    • A parent of the child to whom the information relates, except in the case of information kept in a staff record;
    • The Regulatory Authority or an authorised officer; or
    • As expressly authorised, permitted or required to be given by or under any Act or law; or
    • With the written consent of the person who provided the information
  6. Ensuring that the records and documents set out in regulation 177 are stored (Regulation 183)
    • In a safe and secure place; and
    • For the relevant period set out in sub regulation (2)
  7. Ensuring that the records must be kept
    • if the record relates to an incident, illness, injury or trauma suffered by a child while being educated and cared for by the education and care service, until the child is aged 25 years;
    • if the record relates to an incident, illness, injury or trauma suffered by a child that may have occurred following an incident while being educated and cared for by the education and care service, until the child is aged 25 years;
    • if the record relates to the death of a child while being educated and cared for by the education and care service or that may have occurred as a result of an incident while being educated and cared for, until the end of 7 years after the death;
    • in the case of any other record relating to a child enrolled at the education and care service, until the end of 3 years after the last date on which the child was educated and cared for by the service;
    • if the record relates to the approved provider, until the end of 3 years after the last date on which the approved provider operated the education and care service;
    • if the record relates to the nominated supervisor or staff member of an education and care service, until the end of 3 years after the last date on which the nominated supervisor or staff member provided education and care on behalf of the service;
    • in case of any other record, until the end of 3 years after the date on which the record was made.
  8. Ensure all policies are current and meet the needs of the service in accordance with Education and Care Services National Regulations 2011 r.168 and r.169 – any updates or changes are communicated to stakeholders via newsletter, email or post within 7 days of changes being accepted by the approved provider

Family day care educators are responsible for:

  1. Prescribed enrolment and other documents to be kept (Regulation 178):
    • the documentation of child assessments or evaluations for delivery of the educational program as set out in regulation 74;
    • an incident, injury, trauma and illness record as set out in regulation 87;
    • a medication records as set out in regulation 92;
    • a children’s attendance records as set out in regulation 159;
    • child enrolment records as set out in regulation 160;
    • a record of visitors to the family day care residence or approved family day care venue as set out in regulation 165.
  2. Educators have to take reasonable steps that the collected required information and documents are accurate and current.
  3. Ensuring the documents mentioned in sub regulation (1) 177 in relation to a child enrolled at a service are made available to the parent of the child on request. In case of any court orders the provider must refer to the court order before giving the documents to the same.
  4. Family day care educator must provide all the documents referred to in regulation 187(1) to the approved provider on ceasing to be engaged by or registered with the service.
  5. Ensure the confidentiality of records kept and is not divulged or communicated, directly or indirectly to another person other than-( regulation 182):
    • To the extent necessary for the education and care or the medical treatment of the child to whom the information relates; or
    • A parent of the child to whom the information relates, except in the case of information kept in a staff record;
    • The Regulatory Authority or an authorised officer; or
    • As expressly authorised, permitted or required to be given by or under any Act or law; or
    • With the written consent of the person who provided the information

Families are required to:

  1. Ensuring documentation/authorisations are completed and signed
  2. Ensuring all records are completed and signed
  3. Engaging with your child’s educator daily to discuss your child’s health and wellbeing
  4. Engaging with your child’s educator daily to inform the educational program
  5. Ensuring any changes to children’s information or status is communicated promptly to the educator or approved provider
  6. Notifying the approved provider immediately if you believe the educator or any other representative of the family day care scheme is not complying with this or any approved policy.

NATIONAL QUALITY FRAMEWORK

Education and Care Services National Law Act 2010

Education and Care Services National Regulations 2011

National Quality Area

National Quality Standard

161-175

177, 178, 179, 181,

182, 183,

7

7.1.1, 7.3.1, 7.3.2. 7.3.3

RELATED LEGISLATION

  • Family Assistance Act 1999
  • Equal Opportunity Act 2010 (Vic)
  • Fair Work Act 2009
  • Information Privacy Act 2000
  • Occupational Health and Safety Act 2004
  • Privacy Act 2000 (Vic.)

RELATED POLICIES

  • References and resources
  • Department of Education and Training (DET)
  • Australian Children’s Education and Care Quality Authority (ACECQA)
  • Belonging, Being & Becoming – The Early Years Learning Framework for Australia:
  • My Time, Our Place – Framework for school age care in Australia
  • Early Childhood Australia – Code of Ethics
  • Early Childhood Australia
  • Criminal History Requirements: Family day care
  • Guide for Family Day Care Educators
  • Delivering children’s programs in a family day care service
  • DET Emergency Management Guidelines
  • Protecting the Safety and Wellbeing of Children and Young People
  • Children’s Wellbeing Act 2005
  • Department of Education and Training – Child Care Service Handbook
  • Australian Government – Child care information

REVIEW

POLICY REVIEWED

July 2018

NEXT REVIEW DATE

July 2019

MODIFICATIONS

Policy created for First Idea Family Day Care Services, inclusive of changes to the National Quality Standards and Education and Care National Regulations

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