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CHC08 Community Services Training Package Version 4

CHCIC501B

Manage children’s services workplace practice to address

regulations and quality assurance

Learner guide

Version 2

Training and Education Support

Industry Skills Unit

Meadowbank

Product Code: 5711

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© TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012


CHCIC501B Manage children’s services workplace practice to address regulations and quality assurance

Unit code Unit name Acknowledgments

The TAFE NSW Training and Education Support Industry Skills Unit, Meadowbank

would like to acknowledge the support and assistance of the following people in

the production of this learner resource guide:

Writers:

Tracey Redman and Lisa Wallmeyer

Teacher, Child and Family Services

TAFE NSW

Reviewer:

Jenny Jesson

Teacher, Child and Family Services

TAFE NSW

Project Manager:

Gail Horwood

A/Education Programs Manager

TAFE NSW

Enquiries:

Enquiries about this and other publications can be made to:

Training and Education Support Industry Skills Unit, Meadowbank

Meadowbank TAFE

Level 3, Building J,

See Street,

MEADOWBANK NSW 2114

Tel: 02-9942 3200 Fax: 02-9942 3257

ISBN 978-1-74236-421-6

© The State of New South Wales, Department of Education and

Training, TAFE NSW, Training and Education Support Industry Skills

Unit, Meadowbank, 2012.

Copyright of this material is reserved to TAFE NSW Training and Education

Support Industry Skills Unit, Meadowbank. Reproduction or transmittal in

whole or in part, other than for the purposes of private study or research, and

subject to the provisions of the Copyright Act, is prohibited without the written

authority of, TAFE NSW. Training and Education Support Industry Skills Unit,

Meadowbank.

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Unit code Unit name

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Unit code Unit name Table of contents

Introduction .................................................................................. 7

1. General introduction ........................................................................... 7

2. Using this learner guide ...................................................................... 7

3. Prior Knowledge and Experience .......................................................... 9

4. Unit of competency overview ............................................................... 9

5. Assessment ..................................................................................... 14

Section 1: Understanding legal and quality assurance requirements and processes in children’s services ...................... 15

Introduction ........................................................................................... 15

Overview of legal and quality assurance requirements ................................ 16

Terminology .......................................................................................... 23

Who does the National Quality Framework apply to? ................................... 24

Approvals .............................................................................................. 25

How does the quality ratings process work? ............................................... 26

How often does a centre need to go through the assessment and rating

process? ................................................................................................ 35

What happens if a centre doesn‟t meet NQS? ............................................. 35

Spot checks and unannounced visits ......................................................... 36

Common acronyms in education and care services ..................................... 37

Section 2: Managing children’s services to meet legal and quality assurance requirements .............................................................. 39

Interpreting regulations and quality assurance requirements ....................... 40

Maintaining relevant records and documents .............................................. 43

Working with staff to promote understanding and compliance ...................... 45

Ensuring current knowledge ..................................................................... 47

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Unit code Unit name Seeking resources and support ................................................................ 51

Identifying and meeting professional development needs ............................ 53

Section Review ....................................................................................... 55

Section 3: Managing a service self evaluation process.............. 57

Self evaluation and reflection ................................................................... 57

Informing and involving families and gathering feedback ............................. 58

Completing required documentation.......................................................... 60

Collecting evidence ................................................................................. 62

Section Review ....................................................................................... 65

Section 4: Developing and implementing quality improvement plans ………………………………………………………………………..67

Identifying opportunities for service improvement ...................................... 67

Developing and implementing improvement plans and strategies ................. 68

Monitoring progress ................................................................................ 72

Section Review ....................................................................................... 73

Section 5: Managing external evaluations ................................ 75

Preparing for external evaluations ............................................................ 75

Educators and Staff ................................................................................ 77

Section Review ....................................................................................... 78

Answers to Activities ................................................................... 79

Appendix A: Websites for Children’s Services / Education and

Care Regulations for Australian states and territories ................. 87

References List ............................................................................ 89

Resource Evaluation Form ........................................................... 93

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© TAFE NSW (TES, Industry Skills Unit Meadowbank) 2012 Page 15 of 96

© TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012 Page 15 of 96


Unit code Unit name Section 1: Understanding legal and quality

assurance requirements and processes in

children’s services

Elements and performance criteria:

5. Interpret and evaluate regulations and quality assurance

standards relating to children’s services.

5.1 Maintain current knowledge of regulations and quality assurance

standards for the children‟s services industry

5.2 Interpret and meet regulatory requirements in a timely manner and

within the limits of own job role and expertise.

5.3 Seek advice from a higher authority if interpretation in not clear or

possible

5.4 Analyse compliance outcomes and report on suggested strategies

for increasing compliance

5.5 Report on compliance issues in line with regulations, standards,

legislation and organisation requirements

6. Manage legislative and regulatory compliance in children’s services

organisations.

6.1 Demonstrate conduct to show commitment to compliance with

children‟s services regulations and relevant quality assurance

standards

6.2 Provide opportunities and encourage staff to discuss, clarify and

meet regulatory requirements

6.3 Confirm staff understanding of regulatory and standards obligations

and determine needs for professional development

6.4 Undertake risk assessment for non compliance with regulations and

quality assurance standards for the children‟s service industry

6.5 Develop strategies to address risk according to organisation policy

6.6 Create learning opportunities for all staff from situations of

compliance and non compliance without compromising

confidentiality or privacy

Introduction

Legal and Quality Assurance requirements within the Children‟s Services industry

are in a constant state of change. Even as new Acts, regulations and processes

are being introduced and implemented, work has begun to update and improve

them, ready for the next lot of „changes‟.

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of 96 © TAFE NSW (TES, Industry Skills Unit Meadowbank) 2012

Page 16 of 96 © TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012


Unit code Unit name So, why are there so many changes? To summarise, changes are necessary

because:

we are continuously researching and updating our knowledge on child

development and „best practice‟,

the need for education and care is constantly increasing, not only as a

result of society becoming more accepting and developing a better

understanding of what it‟s about, but also to cater for the increasing

number of working parents,

the increasing diversity of Australian families mean we have to

continuously monitor and reflect our new understandings in the service we

provide in order to maintain „inclusive‟ and relevant services.

As we will see later in this unit, it is therefore essential that education and care

professionals stay abreast of changes, not only as they occur, but also in their

research and development stages.

While this unit focuses on the National Quality Framework (implemented in

January 2012), references are made to Acts, regulations, standards and

processes that were in force prior to this commencement date. In particular this

unit refers to:

The Education and Care Services National Law Act 2010

Education and Care Services National Regulations 2011

The National Quality Framework (established under the Education and

Care Services National Law Act 2010)

Under the system prior to January 2012, the Child Care Quality Assurance System

(CCQA) operated on a National basis under the control of the National Child Care

Accreditation Council (NCAC) and was therefore consistent across Australia.

However each Australian state and territory had its own regulations for children‟s

services. Under the „new‟ National Quality Framework, all Australian states and

territories will be regulated by a single national regulatory system.

Note: The Children‟s Services industry has many acronyms. To help you out, a list

of frequently used acronyms can be found at the end of this chapter.

Overview of legal and quality assurance requirements

Education and care services are possibly one of the most highly regulated and

monitored industries, and rightly so. It is estimated that in June 2010, 869,770

children were being cared for in an approved education and care setting (Child

Care Update, February 2011, Department of Education, Employment and

Workplace Relations, Office of Early Childhood Education and Child Care). For this

reason alone, regulations and standards are imperative in order to ensure that

children are getting the best possible quality of care and education, in a safe,

secure and caring environment. In the “History of National Childcare Accreditation

Council” document (NCAC 2006), it is stated that:

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Unit code Unit name “A child can spend up to 12,000 hours in child care before starting school: that’s

only 500 hours less than the child will spend in lessons during the whole 13 years

of schooling”.

This figure is calculated by multiplying five years of early education and care, by

50 hours per week, by 50 weeks per year and while it may not be a true

reflection of the hours spent in education and care by all children, it is certainly a

figure we can‟t overlook when planning to provide quality education and care.

While the debate over whether education and care is a beneficial or detrimental

option for children continues (and probably always will), it is at least accepted

that the care and education provided to a child in the early years, is crucial to

each child‟s overall development, wellbeing and future outcomes, hence the need

for Regulations and a National Quality Standard.

The regulatory environment under which NSW long day care

centres operate

We have stated that in the past Children‟s Services Regulations were specific to

each state or territory. So, too are many legislative Acts, so if you are studying

outside NSW you will need to become familiar with your relevant state‟s Acts.

However, some legislation is at a federal level, applicable to all Australian states

and territories. These are called Commonwealth Acts.

The following are relevant NSW Acts: (at the time of writing)

Child Protection (Prohibited Employment) Act 1998 No 146

Child Protection Legislation Amendment Act 2003 No 90

Children and Young Persons (Care and Protection) Act 1998 No 157

Children and Young Persons Legislation (Repeal and Amendment) Act 1998

No158

Children (Education and Care Services) Supplementary Provisions Act

2011

Children (Education and Care Services) Supplementary Provisions

Regulation 2004

Commission for Children and Young People Act- 1998 No 146

Ombudsman Act 1974 No 68

Work Health and Safety Act 2011

Workers Compensation Act 1987

NSW Industrial Relations Act 1996

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Unit code Unit name NSW Anti-Discrimination Act 1997

NSW Anti-Discrimination Amendments (Miscellaneous Provisions) Act 2004

Local Government Act 1993

Crimes Act 1900

Environmental Planning and Assessment Act 1979

Food Act 2003

Public Health (General) Act 2002

Vocational Education and Training Act 2005

Smoke-Free Environment Act 2000

Source: NSW Government Cabinet Office: www.legislation.nsw.gov.au

On a national level, the following are the relevant Commonwealth Acts:

Freedom of Information Act 1982

Equal Employment Opportunity Act 1987

Equal Opportunity for Women in the Workplace Amendment Act 1999

National Health Act 2009

Ombudsman Act 2008, and

Ombudsman Amendment Act 1983

2000 Commonwealth Privacy Act

Source: Commonwealth Attorney General‟s Department

www.scaleplus.law.gov.au

In addition to the above, education and care centres must also adhere to a range

of various regulations, standards, recommendations and guidelines, such as:

National Quality Framework (incorporating the Education and Care

National Regulations and the National Quality Standard)

Australian and New Zealand Standard: Playground Surfacing

Standards Association of Australia (includes standards for cots)

Building Code of Australia

Cancer Council of Australia

NSW Cancer Council

Industrial Awards

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http://www.legislation.nsw.gov.au/

http://www.scaleplus.law.gov.au/




Unit code Unit name Play Equipment Standards

Roads and Traffic Authority Guidelines

Workcover Authority Standards (including Workers Compensation and

WHS)

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Unit code Unit name What a lot of rules to comply with. Fortunately you will have covered many of

these in previous relevant units, and some of the above are more applicable to

someone building a new education and care centre. However it‟s time to refresh

your memory on some of the legislation that you will need to have a thorough

knowledge of on a daily basis.

Activity 1.1

Research the following legislation and write a short summary of the main points

that each Act covers.

Some helpful websites for this activity may include;

NSW Government Cabinet Office: www.legislation.nsw.gov.au

Commonwealth Attorney General‟s Department: www.scaleplus.law.gov.au

Australasian Legal Information Institute: www.austlii.edu.au

1. Child Protection (Prohibited Employment) Act 1998

2. Children (Education and Care Services National Law Application) Act 2010

Continue on the next page

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http://www.legislation.nsw.gov.au/

http://www.scaleplus.law.gov.au/

http://www.austlii.edu.au/




Unit code Unit name

Activity 1.1 (cont.)

3. Ombudsman Act 1974 – focus your summary on Part 3A Child Protection

4. Commission for Children and Young People Act 1998

5. Work Health and Safety Act 2011

Continue on the next page.

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Unit code Unit name

Overview of National Quality Framework

The quality assurance process was born out of the realisation that while

regulations provide the structure for education and care services, they do not

necessarily ensure the quality of a service. While regulations look at minimum

standards, the NQS places more focus on outcomes for the children, and staff

practices. The NQS process therefore aims to set standards for every aspect of

education and care, and provide a measuring tool with which to assess the level

of quality being provided.

From January 1, 2012 the National Quality Framework (NQF) was implemented in

order to apply a single national regulatory system to all children‟s services within

Australia. This national system will replace the „jurisdiction‟ specific licensing

arrangements that we have previously been familiar with.

The National Quality Framework has been established under an applied law

system, which means that a host jurisdiction (in this case, Victoria) has passed a

law that other jurisdictions can adopt. This law is the Education and Care Service

National Law Act 2010.

Activity 1.1 (cont.)

6. Equal Employment Opportunity Act 1987

Turn to the end of the learner guide for suggested answers.

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Unit code Unit name More specifically, the NQF incorporates;

A new National body; the Australian Children‟s Education and Care Quality

Authority (ACECQA), set up to coordinate, guide and monitor the

implementation and running of the framework

A single national regulatory system (the Education and Care Services

National Law and Regulations)

A new national approval process that replaces jurisdiction-specific licensing

arrangements

A new National Quality Standard (NQS) comprising seven quality areas

(formerly implemented as the separate National Accreditation system)

A new National quality assessment and rating system (applicable to the

regulations and National Quality Standards).

In plain English, all of this means that our old accreditation system has now been

incorporated into the Regulations, and National Quality Standard, which will now

be consistent across Australia!

While participation in the old Quality Assurance (QA) system was voluntary, it

was connected to Child Care Benefit (CCB), so in fact, if a service wished to claim

CCB in order to dramatically reduce the fees paid to the service by the individual

families (and therefore making a centre financially viable as it is affordable for

lower income families), they had little option but to participate. Under the new

system, participation in a quality assurance process has been incorporated into

the regulations, therefore making it compulsory for all services covered by the

NQF.

Terminology

Before we start talking about the details of the National Quality Framework, it‟s

probably a good idea to look at some of the terminology. The table below shows

the terminology applicable to the NQF, alongside the „old‟ terminology that you

may still hear some people in the sector talking about for some time to come.

Terminology pertaining to all aspects of the National Quality Framework will be

used this unit.

New’ NQF terminology ‘Old’ accreditation & regulations

terminology

General terminology

Education and Care Service (not

so new terminology but

exclusively used under the NQF)

Centre (as in Child Care Centre)

Educator Teacher, carer, caregiver, child

care worker or staff were often

interchangeably used

Staff Support staff; refers to staff

members in a centre based

service who are not part of the

staff: child ratio. E.g. cook,

cleaner, gardener, administrator

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