POLICY CONTENT

As per Education and Care Services National Law and Regulations, a Responsible Person must be physically in attendance at all times that the School is educating and caring for children.  
 
Approved Providers are responsible for appointing a responsible person who is aged 18 years or older, has adequate knowledge and understanding of the provision of education and care to children, and have the ability to effectively supervise and manage an education and care service (ACECQA, 2017). 
 

NATIONAL QUALITY STANDARD (NQS)

QUALITY AREA 4: Staffing Arrangements

4.1	Staffing Arrangements	Staffing arrangements enhance children's learning and development
4.1.1	Organisation of educators	The organisation of educators across the school supports children's learning and development
4.1.2	Continuity of staff	Every effort is made for children to experience continuity of educators at the school
4.2	Professionalism	Management, educators and staff are collaborative, respectful and ethical.
4.2.1	Professional collaboration	Management, educators and staff work with mutual respect and collaboratively, and challenge and learn from each other, recognising each other’s strengths and skills
4.2.2	Professional standards	Professional standards guide practice, interactions and relationships.

QUALITY AREA 7: Governance and Leadership

7.1	Governance	Governance supports the operation of a quality school
7.1.3	Roles and responsibilities	Roles and responsibilities are clearly defined, and understood, and support effective decision making and operation of the school.

 
PURPOSE

Our School is committed to meeting our duty of care obligations under the Education and Care Services National Law and National Regulations to ensure a Responsible Person is physically on the premises at all times to ensure the health, safety, wellbeing, learning, and development of all children at the school is maintained at all times. 
 

SCOPE

This policy applies to Management, Approved Provider, Nominated Supervisor, Responsible Person and educators of the School. 
 

DEFINITIONS for RESPONSIBLE PERSON

NAME	DEFINITION

Nominated Supervisor	A person with responsibility for the day-to-day management of an approved service. The Nominated Supervisor has a range of responsibilities under the Law and Regulations that govern the operation of education and care services.
Person in day-to-day charge (PIDTDC)	A person who is physically at the service and has the role of Nominated Supervisor or duty appointed person. The Responsible Person has consented to be placed in day-to-day charge of the service but does not take on the responsibilities of the Nominated Supervisor rather, they ensure the consistency and continuity in practices.
Approved provider	A person who holds a provider approval and has primary legal responsibility under the National Law and National Regulations to ensure good governance and management of the service.

IMPLEMENTATION

A Responsible Person will be on the premises at all times, and the details of the Responsible Person will be clearly visible to families and visitors at the main entry of the School. A record of the Responsible Person will be documented each day via the Responsible Person Register. 
 
If the Responsible Person leaves the premises, they will ‘hand over’ obligations for the role to another duty appointed person at the School. It is vital that all handovers to a designated Responsible Person are documented when commencing this position throughout the day via the Responsible Person record. The process for determining the Responsible Person will be clear to all educators and staff, and procedures will be followed at all times. Both the outgoing and incoming Responsible Persons will ensure the displayed name of the current Responsible Person at the School correctly reflects who presently holds the position. 
 
Our School will have one Responsible Person present at all times when caring for and educating children.  
 
A Responsible Person can be: 

• the Approved Provider or a person with management or control 
• a Nominated Supervisor or 
• a person in day-to-day charge of the service (PIDTDC)

 
The Approved Provider/Management will ensure a Responsible Person:

• is appointed and physically on the premise at all times children are being educated and cared for 
• is over the age of 18 years 
• meets the minimum requirements for qualifications, experiences and management capabilities 
• holds a valid and current Working With Children Check (or state/territory equivalent) 
• has completed child protection training and is aware of the reportable conduct scheme 
• has knowledge and a commitment to the National Child Safe Standards 
• has adequate knowledge and understanding of the provision of education and care to children, the Education and Care National Law and Regulations and National Quality Standard, the approved learning framework (EYLF), Family Assistance Law and administration of CCS  
• has the ability to effectively supervise and manage an education and care service 
• is a fit and proper person (as per regulatory authority conditions) 
• has evidence of completing an approved diploma level education and care qualification or higher is considered as a requirement or ‘actively working towards’ an ACECQA approved qualification (Recommended but not compulsory). 
• provides references including their current and previous employers. These will be checked, and records kept on file 
• provides written consent for the position of Responsible Person and this is filed in staff records (not required if the approved provider is the responsible person)

 
The Approved Provider/Management will ensure:

• the regulatory authority is notified 7 days prior to a Nominated Supervisor starting at the School or within 14 days after the person has commenced the role through NQA IT System 
• the regulatory authority is notified if the Nominated Supervisor changes their name or contact details; is no longer employed by the School, has been removed from the role or withdraws their nomination 
• a Responsible Person will be removed from the position should management become aware of a matter or incident which affects the ability of the person to meet the minimum requirements of the position 
• the staff register has the name of the Responsible Person at the School for each time children are being educated and cared for by the Service  
• a Responsible Person is on duty from the time the School opens each day until the time the School closes 
• ensure that the identity of the Responsible Person on duty is displayed in the main entrance of the School and is easily visible for families and visitors 
• the PIDTDC interchanges with the Nominated Supervisor in their absence 
• Responsible Persons are aware that they have to sign off when they have finished their duty and will ensure the Nominated Supervisor or appointed Responsible Person (PIDTIC) will sign on and take on the role 
• a staff record is kept recording 
  • the full name, address and date of birth of the Responsible Person/Nominated Supervisor 
  • evidence of relevant qualifications 
  • if applicable, evidence that the Responsible Person/Nominated Supervisor is actively working towards that qualification 
  • evidence of any approved training (including first aid training and child protection training) 
  • verification of a Working with Children Check – identifying number and expiry date 
  • written consent for the position of Responsible Person. 

 

A Nominated Supervisor/ appointed Responsible Person will: 

• provide written consent to accept the role of Responsible Person/Nominated Supervisor 
• sign their name and hours of responsibility on the Responsible Person register 
• ensure that the identity of the Responsible Person on duty is displayed in the main entrance of the School and is easily visible for families and visitors 
• inform the management (Approved Provider/Nominated Supervisor) in a timely manner in the event of absence from the School due to leave or illness so they can be replaced by another Responsible Person 
• ensure they have a sound understanding of the role of Responsible Person 
• abide by any conditions placed on the Responsible Person 
• understand that a Responsible Person placed in day-to-day charge (PIDTIC) of the School does not have the same responsibilities under the National Law as the Nominated Supervisor 
• in the case of Nominated Supervisor, notify 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.  
• notify management at the School in writing, if they wish to withdraw their consent to be a Responsible Person 
• Responsible Person appointments will be recorded on the Staff Roster, so all educators and staff are aware of who is appointed Responsible Person at all times the school is open 
• the Director/Nominated Supervisor will advise educators and staff the educators who have been appointed as a Responsible Person and documentation will be saved on Employment Hero. 

 

SOURCE

Australian Children’s Education & Care Quality Authority. (2014).  
Australian Children’s Education & Care Authority. (2017). Responsible Person Requirements for Approved Providers: acecqa.gov.au/sites/default/files/2018-09/R... 
Education and Care Services National Law Act 2010. (Amended 2018). 
Education and Care Services National Regulations. (2011).      
Guide to the Education and Care Services National Law and the Education and Care Services National Regulations. (2017). 
Guide to the National Quality Framework. (2017). (Amended 2020). 
Guide to the National Quality Standard. (2017). 
Revised National Quality Standard. (2018)