POLICY CONTENT

The Approved Provider and Management are responsible for any actions or activities that staff members may engage in that could breach confidentiality protocols. This applies whether at the school, or in situations that may arise outside of operating hours. 
 

NATIONAL QUALITY STANDARD (NQS)

QUALITY AREA 2: Children's Health and Safety

2.2	Safety	Each child is respected
2.2.1	Supervision	At all times, reasonable precautions and adequate supervision ensure children are protected from harm and hazard.
2.2.2	Incident and emergency management	Plans to effectively manage incidents and emergencies are developed in consultation with relevant authorities, practiced and implemented.
2.2.3	Child Protection	Management, educators and staff are aware of their roles and responsibilities to identify and respond to every child at risk of abuse or neglect.

 

PURPOSE

We aim to provide clear guidelines to educators and families regarding babysitting enrolled children of the School out of hours, which is a separate arrangement to the care and education we provide.  

SCOPE 

This policy applies to staff, families, children and management of the School. 
 

IMPLEMENTATION 

We work to develop a positive and supportive relationship with children and families. We understand that families may request individual educators to babysit or nanny for them outside the school hours of operation. We pride ourselves on employing educators who are suitably qualified, experienced, reliable and suitable for our school. However, we are unable to provide assurance to families of an educator’s suitability to look after a child or children unsupervised in a babysitting environment away from our School. 
 
Due to possible legal implications, and child protection legislation and privacy, we strongly discourage employees from babysitting children outside of work hours. However, we acknowledge the educator’s right to financial expansion. Therefore, educators undertaking babysitting or nanny positions in their personal time must ensure the following:  

• educators must advise the Nominated Supervisor/Management of the school that a request has been made by a family 
• babysitting must not interfere with the educator’s job/work, or availability at the School 
• confidentiality must be adhered to at all times 
• educators will ensure favouritism does not result in external relationships with children and families outside of the School 
• families must be made aware that other adults who may accompany the babysitter may not have the relevant working with children checks, which may render them inappropriate persons to care for children 
• the school will not be made accountable for any health and safety issues that may arise within the private arrangement being made 
• families understand that our School has a duty of care to protect children whilst on the premises and in our care; this duty of care does not extend to private arrangements between educators and families outside of the School. However, educators do have a duty to report any health, safety, and/or wellbeing concerns in and outside of work, including child protection concerns 
• educators must understand that an incident whilst babysitting could have an impact on their suitability to work at the School 
• if an educator is to collect a child from the school, they must be authorised and/or listed as having authority to do so on the child’s enrolment form (a record of authorisation is to be kept in the child’s enrolment record on smart central) 
• educators will complete a private agreement with families in regard to expectations and use of personal mobile phones and devices, and photography to ensure privacy and confidentiality is maintained whilst babysitting 
• educators and families will complete the ‘Out of Hours Babysitting Agreement Waiver’ acknowledging that they waive the right to hold the School liable and/or accountable should a child be harmed whilst an educator is in their employment outside of the School.   

BABYSITTING EXCEPTION 

Under an emergency situation for a period of maximum of 3 days with School Director Approval. At no stage does this exception result in the Educator not attending their full time work at the School. Any financial impact of the School financially will need to compensated and paid prior to Child re-attending the School.

Management and Nominated Supervisor will ensure: 

• keep a record of the babysitting arrangement on the educator’s staff file. 

SOURCE 

Australian Children’s Education & Care Quality Authority. (2014).  
Care for Kids careforkids.com.au/child-care-articles/article/5... 
Education and Care Services National Law Act 2010. (Amended 2018). 
Education and Care National Regulations. (2011). 
NSW Office of the Children’s Guardian kidsguardian.nsw.gov.au/ 
Privacy Act 1988. 
Revised National Quality Standard. (2018).  

 
 

Appendix 1: 

OUT OF HOURS BABYSITTING AGREEMENT - WAIVER 

Due to possible legal implication, child protection legislation and privacy, we strongly discourage employees to babysit children outside of work hours. However, we acknowledge the educator’s right to financial expansion. This waiver has been arranged to permit educators and staff members to babysit children/families enrolled at the School outside of normal operating hours. 
  
[Enter educator/staff member’s Name] is employed by [Service Name] and has been asked to provide care in a social relationship with [Enter Child/children’s Full Name] outside of School operating hours. Having read the School’s Out of Hours Babysitting Policy, which outlines the reasoning for this restriction, it is still the desire of the educator/staff member named above and parents [Insert Parent’s Name] to enter into an agreement, which protects the School.  
 
[Insert Parent’s Name] understands the risk associated with an outside social relationship with an educator/staff member of the School. Families understand that as an Early Education and Care Service we cannot anticipate or control the situation that may arise as a result of allowing the educator/staff member to engage with children outside of School operational hours. [Name of Service] is not responsible for any private arrangements or agreements made between families. However, we do expect educators/staff members to inform the School if they are babysitting or caring for a child/children who attends the School. Out of hours work arrangements must not interfere with the staff member’s employment at the School. 
 
Families understand that we have a thorough recruitment and suitability process in place to ensure that we employ competent and professional educators/staff members who upheld their duty of care to children and maintain their professionalism. This includes interviews, reference checks, and Working With Children Checks (WWCC) clearance. 
 
Whilst in our employment all educators/staff are subject to ongoing supervision, observation and assessment to ensure that standards of work and behaviour are maintained in accordance with our policies and national legislation requirements. We have no such control over the conduct of staff outside of their position of employment. Parents should make their own checks as to the suitability of a member of staff for babysitting. 
Our School will not be held responsible or accountable for any health and safety issues, conduct, grievances or any other claims arising out of the educator’s/staff member’s private arrangements outside of school hours. The member of staff will not be covered by the School’s insurance whilst babysitting as a private arrangement. 
All staff are bound by contract of the School’s Privacy and Confidentiality Policy which outlines that they are unable to discuss any issues regarding the School, other employees, families or children. 
 

Parent Name		Signature		Date
Educator's Name		Signature		Date
Management  Name		Signature		Date