Page 4451 - Week 12 - Thursday, 24 October 2019
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Early childhood education and care providers are required to develop and maintain specified policies outlined in the National Law (Regulation 168). The content of these policies is determined by the provider, however, they must not be in conflict with the National Law. If a provider does not abide by their policy, a Regulatory Authority can take compliance action.
(6) Early childhood education and care services are required to develop and maintain specified policies outlined in the National Law and Regulations (Regulation 168). Services are also required to ensure that current copies of these policies and procedures “are available for inspection at the education and care service premises at all times that the service is educating and caring for children or otherwise on request” (Regulation 171(2)).
(7) Under the National Law, Regulatory Authorities may exercise an option to publish certain regulatory decisions. Information about services and providers that may be made publicly available is stipulated in Section 270 of the National Law and Regulations 227 and 228.
a) States and Territory Regulatory Authorities are responsible under the National Law, not the Commonwealth.
b) Families can make informed decisions about the education and care of children using information including the quality ratings of a service. Quality rating information is available online at both the Australian Government’s Child Care Finder website https://www.childcarefinder.gov.au/ and the Australian Children’s Education and Care Quality Authority (ACECQA) website at https://www.startingblocks.gov.au/find-child-care/.
(8) If an early childhood education and care service is found to be in contravention of the National Law the Regulatory Authority has the authority to undertake a range of compliance actions, depending on the seriousness of the incident, the level of harm or risk of harm to children, the nature of the contravention and any other circumstances. Compliance history is taken into consideration when making these decisions. More information about Regulatory Authority powers under the National Law can be found at the ACECQA website: https://www.acecqa.gov.au/.
(9) The ACT Children’s Education and Care Assurance works with Regulatory Authorities in other jurisdictions to ensure that relevant information about providers operating across borders is known. Information about all providers and services is held on a national database which is accessible to Regulatory Authority staff. This national data base assists Regulatory Authorities in sharing relevant information as outlined in Section 271 of the National Law.
a) Compliance history of providers is taken into consideration when issuing new service or provider approvals, as well as for the ongoing regulatory function of the ACT Children’s Education and Care Assurance.
b) Under the National Law a provider must make available on premises their provider approval, service approval, the quality rating of the service and any service waivers or temporary waivers held by the service.
(10) There are no legal obligations within the National Law about the management of interest accrued from bonds.
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