Quality Area 7: Governance and leadership

7.1 Policies and procedures

[ National Regulations, Regulation 168 ] The approved provider must ensure the service has policies and procedures in place in relation to the following.

*Approved providers may restrict who can be nominated to collect a child, for example by a person under the age of 16 years. This should be documented in the policy about collection of children. Authorised officers may talk to approved providers about whether they have taken into consideration that some parents may be less than 18 years of age.

For a family day care service, the approved provider must also ensure the service has policies and procedures in place in relation to the matters below.

The approved provider must take reasonable steps to ensure the nominated supervisor, staff members and any volunteers at a centre-based service follow the policies and procedures required under regulation 168.

[ National Regulations, Regulation 170 ] The approved provider of a family day care service must take reasonable steps to ensure the nominated supervisor, and the staff members and family day care educators engaged by or registered with the service, follow the policies and procedures required under regulations 168 and 169.

[ National Regulations, Regulation 170 ] The policies and procedures must be readily accessible to the nominated supervisor, staff members and volunteers.

The prescribed policies and procedures must be available for inspection at a centre-based service’s premises and, for family day care services, at each family day care residence and approved venue, and any office of the family day care service. This requirement can be met through a paper copy or electronic version.

Policies should be informed by the service’s philosophy statement, current research and contemporary views on best practice including Early Childhood Australia’s Code of Ethics and advice from other recognised authorities.

Making changes to the policies and procedures

[ National Regulations, Regulation 172 ] The National Regulations do not specify how often a philosophy or policy must be reviewed. A review schedule should be developed, where policies are prioritised according to how often the content is expected to change. For example, changes in legislation, or a serious incident at the service may trigger a review.

Authorised officers may discuss with the approved provider how policies are developed, maintained and informed by best practice from relevant, recognised authorities. For example, a sun protection policy may reference information from Cancer Council Australia.

The policies do not have to be in any particular style or format, and do not need to be titled to reflect the exact wording of the National Regulations.

Parents of children at the service must be notified at least 14 days before making any change to a policy or procedure required under regulations 168 and 169 if the change:

• may have a significant impact on the service’s provision of education and care to any child enrolled at the service
• may have a significant impact on the family’s ability to use the service, or
• will affect the fees charged or the way in which fees are collected.

The approved provider does not have to comply with the notice period if the provider considers it would pose a risk to the safety, health or wellbeing of any child at the service to do so. In that case the approved provider must notify parents as soon as practicable after making the change.

Policies on acceptance and refusal of authorisation

[ National Regulations, Regulations 92, 99, 102 ] Authorisation must be obtained for:

The service’s ‘acceptance and refusal of authorisations’ policy should set out the circumstances the provider would accept (or refuse) an authorisation. For example, the policy may state authorisations must be in writing, signed and dated, and clearly state the name of the child to whom the authorisation relates.

• may have a significant impact on the service’s provision of education and care to any child enrolled at the service
• may have a significant impact on the family’s ability to use the service, or
• will affect the fees charged or the way in which fees are collected.
• administering medication to children
• children leaving the premises in the care of someone other than a parent
• children to be taken on excursions
• transportation of children provided or arranged by the service.

7.2 Information to be displayed

The approved provider must ensure the following information is clearly visible at the service premises in a place that is accessible to families.

Prescribed information about anaphylaxis or infectious diseases should be displayed at a family day care residence or venue if applicable to a child who attends that specific family day care residence or venue. It should be displayed at the family day care office if children or parents regularly attend the office.

The National Law and Regulations do not prescribe how this information should be displayed. Some information could be permanently displayed as a laminated poster or framed certificate, while other information (such as information which is updated regularly) could be displayed on a whiteboard.

7.3 Reporting information to the regulatory authority

Information about the approved provider and service

[ National Law & Regulations, Sections 56, 173, 174, Regulations 174, 175, 176 ] The approved provider must notify the regulatory authority that granted the provider approval if any of the events below occur in relation to the approved provider or each approved service.

Applications and notifications can be submitted online using the National Quality Agenda (NQA) IT System at www.acecqa.gov.au.

In general, the notification must be in writing to the regulatory authority in which the service approval was granted or, for a family day care service, the regulatory authority in each jurisdiction the family day care service operates.

Information about nominated supervisors the approved provider must notify to the regulatory authority

The approved provider must notify the regulatory authority if they add a new nominated supervisor of a service (section 56, regulation 35).

The provider must give written notice at least 7 days before the new nominated supervisor commences or if that is not possible in the circumstances, as soon as possible but not more than 14 days after the individual starts work as a nominated supervisor (section 56(2)(c)).

The notice to the regulatory authority must include written consent from the new nominated supervisor to the nomination. The only exception is if the approved provider is an individual and nominates themselves to be a nominated supervisor. In this case, the approved provider does not need to provide their own written consent to being a nominated supervisor (section 56(2)(a)).

The approved provider must also notify the regulatory authority in writing of any change to the name or contact details of any nominated supervisor (section 56A).

The approved provider must also notify the regulatory authority if a nominated supervisor is no longer employed or engaged by the service, if they are removed from the role of nominated supervisor, or if they withdraw their consent to be the nominated supervisor (section 173(2)(b)).

Serious incidents, change of circumstances and complaints

[ National Law & Regulations, Section 174, Regulations 12, 174–176 ] The approved provider must also notify the regulatory authority in writing of the following incidents, change of circumstances and complaints.

Applications and notifications can be submitted online using the National Quality Agenda (NQA) IT System at www.acecqa.gov.au.

The intent of the National Regulations is to ensure regulatory authorities are notified of serious incidents, complaints and circumstances where the health, safety or wellbeing of children may have been compromised so that it is able to take appropriate action.

Serious incident

[ National Regulations, Regulation 12 ] A serious incident (regulation 12) is defined as any of the following:

• the death of a child while being educated and cared for at the service or following an incident at the service
• any incident involving a serious injury or trauma while the child is being educated and cared for, which:
  • a reasonable person would consider required urgent medical attention from a registered medical practitioner; or
  • the child attended or ought reasonably to have attended a hospital e.g. broken limb*
• any incident involving serious illness of a child while that child is being educated and cared for by a service for which the child attended, or ought reasonably to have attended, a hospital e.g. severe asthma attack, seizure or anaphylaxis*.
  • *NOTE: In some cases (for example rural and remote locations) a General Practitioner conducts consultations from the hospital site. Only treatment related to serious injury or illness or trauma are required to be notified, not other health matters.
• any emergency for which emergency services attended. NOTE: This means an incident, situation or event where there is an imminent or severe risk to the health, safety or wellbeing of a person/s at an education and care service. It does not mean an incident where emergency services attended as a precaution.
• a child appears to be missing or cannot be accounted for at the service
• a child appears to have been taken or removed from the service in a manner that contravenes the National Regulations
• a child was mistakenly locked in or locked out of the service premises or any part of the premises.

Below are some examples of serious incidents to notify.

If the approved provider is not aware that the incident was serious until sometime after the incident, they must notify the regulatory authority within 24 hours of becoming aware that the incident was serious. For example, where a child hurts their arm at the service, but is in no obvious pain and continues to play. If the parent later advises that the child’s symptoms had worsened and a fractured arm had been confirmed, then the approved provider should report the incident as a serious incident.

If it is not practicable to notify the regulatory authority through the National Quality Agenda IT System portal (because, for example, of the extreme urgency of the notification or difficulty getting the notification forms signed by the number of people indicated by the form) the notification can be made initially in whatever way is best in the circumstances. The important thing is for the notification to be made within 24 hours.

Notifying physical or sexual abuse to the Regulatory Authority

[ National Regulations, Regulations 175 (2) (d), (e) ] The following guidance is for notifying physical and sexual abuse to the regulatory authority as required by the NQF. In addition to reporting an incident to the regulatory authority, it may be appropriate to report the matter under reportable conduct (e.g. Ombudsman), to child protection agencies or to the police. This is to meet other reporting requirements for approved providers, educators and service staff under different state and territory laws. For example, child protection laws or child safe standards may apply in your jurisdiction, in addition to your obligations under the National Quality Framework.

Regulations 175(2)(d) and (e) require the approved provider to notify the regulatory authority of any allegations or incidents where they reasonably believe physical or sexual abuse of a child or children is occurring, while they are at or being cared for by an education and care service. The intent of the Regulation is to ensure incidents and allegations of physical or sexual abuse by a staff member or other adult at the service are reported.

Incidents that occur between children may be notifiable, such as cases where one child has power over the other because of physical stature or an age difference.

Regulations 175(2)(d) and (e) do not relate to incidents and allegations of physical or sexual abuse of a child or children when they are not being cared for by an education and care service.

The following definitions of physical and sexual abuse are adapted from the Australian Government, Australian Institute of Family Studies website (www.aifs.gov.au). Refer to this website for information on child abuse and neglect.

Definition of physical abuse

For the purposes of NQF notifications, child physical abuse refers to the non-accidental use of physical force against a child that results in harm to the child. Depending on the age and the nature of the behaviour, physical force that is likely to cause physical harm to the child may also be considered abusive. For example a situation in which a baby is shaken but not injured would still be considered physical abuse.

Definition of sexual abuse

For the purposes of NQF notifications, the definition of child sexual abuse varies depending on the relationship between the victim and the perpetrator. In the context of education and care, the definition of sexual abuse is any sexual behaviour, including grooming behaviour, between an adult and a child. Adults working in an education and care service are in a position of power or authority over children and any sexual behaviour by an adult towards a child is sexual abuse.

For adolescent or child perpetrators, sexual abuse is indicated when there is non-consensual sexual activity between minors, or any sexual behaviour between a child and another child or adolescent who – due to their age or stage of development – is in a position of power, trust or responsibility over the victim.

Timeframe for notifying

The timeframe for reporting any incident or allegation to the regulatory authority where the approved provider reasonably believes that physical or sexual abuse of a child (or children) has occurred (or is occurring) while the child is being educated and cared for by the service, is within seven (7) days of the incident.

If the incident or allegation of physical or sexual abuse also meets the criteria for a serious incident notify within 24 hours of the incident. For example if emergency services attend the education and care service in response to an incident of physical abuse.

Approved providers should submit notifications online using the National Quality Agenda IT System or by contacting the regulatory authority, within the appropriate timeframes.

The approved provider must ensure that a parent of a child being educated and cared for by the service is notified as soon as practicable, but not later than 24 hours after the occurrence, if the child is involved in any incident, injury, trauma or illness while the child is being educated and cared for by the education and care service.

Refer to the ACECQA website (www.acecqa.gov.au) for more information regarding notification types and timeframes and for further information on reporting requirements about children.

Record keeping 

Good record keeping is important in identifying and responding to the risks and incidents of child sexual abuse, minimising distress and trauma for survivors and seeking information about their abuse while in the care of institutions. The Royal Commission into Institutional Responses to Child Sexual Abuse recommended that institutions engaged in child-related work retain records relating to child sexual abuse that has or is alleged to have occurred for at least 45 years. In addition to this, it is recommended that records identified as relevant to child safety and wellbeing, including child sexual abuse, be clear, objective and thorough, be maintained in an indexed, logical and secure manner, and be retained and disposed of in a consistent manner. 

Matters which impact on day-to-day operation of the service or may pose a risk to children

The intent of the National Law is to ensure regulatory authorities are notified of circumstances that pose a risk or negatively impact on the operation of the service. This is separate from the requirement to notify a ‘serious incident’ involving a particular child.

Examples of circumstances that need to be notified:

These circumstances are more about situations that have happened to, or impacted on, the operation of the service, rather than an incident that has occurred directly to a child.

Family day care educators to report to the approved provider

[ National Law & Regulations, Section 174A, Regulation 176(a) ] Family day care educators must notify the approved provider of:

• a serious incident (see below and defined in the National Regulations)
• any complaint alleging that a serious incident has occurred, or is occurring, while a child is being educated or cared for by the educator, or the National Law or Regulations have been contravened
• any renovations or other changes to the family day care residence or venue which may pose a serious risk to the health, safety and wellbeing of children attending, or likely to attend, the family day care residence or venue*
• any changes in the persons, 18 years or over, residing at the family day care residence (for example, a new partner of the family day care provider)
• any changes in the fitness and propriety of the persons, 18 years or over, residing at the family day care residence*
• any other prescribed information.

Failure to comply with these requirements is an offence with a penalty of $2,000.

Family day care educators must seek approval from the approval provider if they plan to use a family day care educator assistant to provide education and care to children at the service. See Staffing Requirements and regulation 144 for what circumstances the assistant may be able to deliver education and care, including how much notice must be given to parents of children in attendance.

The requirement for educators to notify matters to the approved provider assists the approved provider to meet their obligations under the National Law.

[ National Regulations, Regulation 174(2)(c) ] * It is expected that this information would then be notified by the approved provider to the regulatory authority as a circumstance arising at the service that poses a risk to the health, safety and wellbeing of children.

7.4 Management of records

Accurate record keeping assists in the management of the service, ensures the safety of children and provides a level of transparency and accountability for services, regulatory authorities and families.

Under the National Regulations, approved providers must:

• keep and maintain certain records
• ensure confidentiality and secure storage of records
• have the records available for inspection by an authorised officer and, in some cases, parents of enrolled children.

Family day care educators are also responsible for the management of records.

Penalties apply if accurate records are not maintained.

What records must be kept

[ National Law & Regulations, Section 175, Regulations 177–179 ] The following table describes what records and documents must be kept and for how long. Any other records must be kept for three years after the record was made.

Reasonable steps must be taken to make sure the documents are accurate.

A family day care educator must:

• keep the below documents (identified as the responsibility of family day care educators) for each child being educated and cared for
• take reasonable steps to ensure the documents are accurate
• provide all documents listed below to the approved provider when the educator is no longer engaged by or registered with the service.

The approved provider does not need to keep a document if the equivalent is kept by the family day care educator (see below).

See Confidentiality and storage of records (below) for more information on record inspections and confidential storage.

Staff record – centre-based services

[ National Regulations, Regulations 145–152 ] The staff record for a centre-based service must include the below information.

See Quality Area 4: Staffing arrangements for information on responsible persons and minimum requirements for nominated supervisors.

A sign in/out register, staff roster or time sheets might be some of the ways an approved provider can meet these requirements. The record should note the hours that each educator works directly with children and should exclude time spent off the floor for breaks, programming and preparation.

The requirement for approved providers to keep a record of educators working directly with children is intended to assist regulatory authorities to monitor compliance with educator to child ratio requirements and adequate supervision.

Regulation 151 does not dictate how the required information must be recorded. The provider may use a staff roster or time sheets to capture the required information, or an alternative method.

Authorised officers use a common sense approach. Authorised officers will not expect to see a record of breaks from working with the children if the breaks are short and are for matters such as going to the toilet, answering a phone call, talking to a parent or briefly checking paperwork. However, a record would need to be kept for rostered breaks, or if an educator is going into another room to do work away from the children for a longer period of time, for instance, preparing the programing for the next day.

Approved providers are encouraged to have a clear and accurate record of educators working directly with children to help demonstrate educator to child ratios are being met and children are adequately supervised at all times.

See Quality Area 4: Staffing requirements for information on educator to child ratios and Quality Area 2: Children’s health and safety for information on adequate supervision.

Records of family day care service staff

[ National Regulations, Regulation 154 ] The approved provider must keep a record of staff other than family day care educators, co-ordinators and family day care educator assistants.

Children’s attendance record

[ National Regulations, Regulations 158–159 ] The approved provider must ensure a record of attendance is kept for the service that:

• records the full name of each child attending the service
• records the date and time each child arrives and departs
• is signed at the time the child arrives and departs by either the person who delivers the child or collects the child, or the nominated supervisor or an educator.

A preschool program provided by a school is not required to comply with this requirement if it keeps attendance records in accordance with the education law or government education department policy that applies in that jurisdiction.

The family day care educator must keep a record of attendance for each child attending the educator’s residence or venue that:

• records the full name of each child
• records the date and time each child arrives and departs
• is signed at the time the child arrives and departs by either the person who delivers the child or collects the child, or if the signature of the person who delivers the child cannot reasonably be obtained, the family day care educator.

The family day care educator’s own children (under 13 years of age) do not need to be signed in and out each day. However, keeping a record of when the educator is caring for their own children while also educating and caring for children as part of the service can assist the provider to make sure ratio requirements are met.

The approved provider does not need to keep the record of attendance if it is kept by the family day care educator (see regulation 177(5)).

Children’s enrolment record

[ National Regulations, Regulations 102, 102D, 160–162 ] The approved provider must ensure that an enrolment record is kept for each child enrolled at the service. The family day care educator must keep an enrolment record for each child educated and cared for by the educator. The enrolment record must include the information below.

Transferring a service approval

[ National Regulations, Regulation 184 ] If a service approval is transferred, the transferring approved provider must transfer the documents required under regulation 177 (see above) to the receiving provider if they relate to children currently enrolled at the service. The transfer must not occur without the permission of a parent of the child.

Record of service’s compliance

[ National Regulations, Regulation 167 ] The approved provider must keep a record of the service’s compliance. The record must include:

• details of any amendment to the service approval made by the regulatory authority under section 55 of the National Law
• details of any suspension of the service approval, other than a voluntary suspension
• details of any compliance direction or notice issued to the approved provider in respect of the service.

The record must not include any information that identifies someone other than the approved provider. The details of an amendment, suspension, compliance direction or notice do not need to be included if the period for seeking review has not yet expired or a review request has not yet been determined. Details also do not need to be included if a review has been conducted and the amendment, suspension, compliance notice or compliance direction was not confirmed.

Regular transportation records 

[ National Regulations, Regulations 102E and 102F ] The approved provider and nominated supervisor must ensure that records are made when a child is transported during regular transportation provided or arranged by an education and care service.

A record must be made immediately after all children have embarked the vehicle that states:

• Confirmation that each child was accounted for when embarking the vehicle at the education and care service premises
• How each child was accounted for when embarking the vehicle at the education and care service premises
• The name and signature of the person who accounted for the children who embarked
• The time and date the record was made. 

A record must be made immediately after all children have disembarked the vehicle that states: 

• Confirmation that each child was accounted for when disembarking the vehicle at the education and care service premises
• How each child was accounted for when disembarking the vehicle at the education and care service premises
• That the interior of the vehicle was checked after all children disembarked the vehicle at the education and care service premises
• The name and signature of the person or persons who accounted for the children who disembarked and completed the check of the vehicle
• The time and date the record was made. 

These records must be kept until the end of 3 years after the last date on which the child was educated and cared for by the service. 

As long as all of these requirements are met, these records may be kept in one document. 

Insurance information

[ National Law & Regulations, Section 51, Regulations 29–30, 180 ] The approved provider must keep evidence of the current insurance at the education and care service premises or, for a family day care service, at the principal office. A family day care educator must keep evidence of the educator’s current public liability insurance at the residence or family day care venue.

This evidence, usually in the form of a ‘certificate of currency’, must be made available for inspection by the regulatory authority or an authorised officer.

This does not apply if the insurance (or indemnity) for the education and care service is provided by a state or territory government.

Regulation 29 requires approved providers to hold an insurance policy that has adequate cover for each of the provider’s services against public liability with a minimum cover of $10 million. Additionally, approved providers of Family Day Care services are also required under regulation 30 to ensure that each Family Day Care educator engaged by, or registered with, the service holds insurance against public liability with a minimum cover of $10 million.

Ensuring the safety, health and wellbeing of children attending education and care services is a key objective of the NQF, which is underpinned by a guiding principle that the rights and best interests of children are paramount. In determining the adequacy of coverage under regulations 29 and 30, policies of insurance obtained by providers and educators should address categories of public liability that may reasonably present a risk to the safety, health and wellbeing of children in the context of children’s education and care settings. At a minimum, policies must cover death of a child or adult, injury to a child or adult, or mistreatment of, or harm to, a child or adult .

 As regulations 29 and 30 also require insurance policies against public liability to have a minimum cover of $10 million, policies that reduce the amount of coverage payable to an amount below $10 million for a category of public liability that is material to addressing risk to the safety, health and wellbeing of children would not meet the requirements of regulations 29 and 30.

7.5 Confidentiality and storage of records

Documents to be available for inspection by authorised officers

[ National Law, Section 175 ] The documents that an approved provider must keep under the National Regulations must be available for inspection by an authorised officer.

To the extent practicable, an approved provider must keep the documents set out in regulation 177 at the service premises if they relate to:

• the operation of the service in the previous 12 months
• any staff member employed or engaged by the service in the previous 12 months
• any child educated and cared for at those premises in the previous 12 months.

In any other case, the documents must be kept at a place and in a manner that is readily accessible by an authorised officer.

The documents that a family day care educator must keep under the National Regulations must be available for inspection by an authorised officer at the educator’s family day care residence or approved family day care venue.

Records required to be kept under an education law in relation to a preschool within a school may be used to satisfy the recordkeeping requirements of the National Law or the National Regulations. This is consistent with the objective of the National Quality Framework to reduce regulatory burden.

Access to documents

[ National Regulations, Regulation 177 ] Any documents relating to a child must be made available to a parent of the child on request (unless limited by a court order). The record of the service’s compliance must be able to be accessed by any person on request. These documents should only have information specific to their child.

Confidentiality

[ National Regulations, Regulations 181, 182 ] The approved provider and the family day care educator must ensure that information kept in a record under the National Regulations is not divulged or communicated, directly or indirectly, to another person other than in the situations listed below.

It may also be communicated if authorised or required under any act or law, or if the person who provided the information gives written permission. For example, a parent may give written permission for the service to share information about their child with a support agency such as Inclusion Support.

Storage of records and other documents

[ National Regulations, Regulation 183 ] The approved provider must ensure the documents kept under regulation 177 are stored in a safe and secure place and for the relevant period. The relevant period for different types of records is set out below.

Records may be kept in hard copy or electronic form, provided they are accessible as required.

The prescribed records and information must be stored in a safe and secure place. This means the information should remain confidential and only accessible by a person who has the authority to do so (which includes authorised officers). For example, through storage in a locked filing cabinet or locked room, or stored electronically in a secure manner (such as password protected).

Authorised officers may discuss with the approved provider and family day care educator what steps they take to ensure documents are kept confidential.

Storage of records after service approval transferred

[ National Regulations, Regulations 181–184 ] If a service approval is to be transferred, the transferring approved provider must obtain consent from parents to transfer their children’s records listed in regulation 183 (see table below) to the new approved provider on the date the transfer takes effect.

Law and Regulations to be accessible

[ National Regulations, Regulation 185 ] The approved provider must ensure that a copy of the National Law and Regulations is accessible at the education and care service premises at all times for use by nominated supervisors, staff members, volunteers, parents of children enrolled at the service and any person seeking to make use of the service.

For a family day care service, a copy of the National Law and Regulations should be accessible at the principal office of the service and each educator’s residence or venue. It can be an electronic copy.

7.6 Other staffing arrangements and related notifications and records

Register of family day care educators, co-ordinators and assistants

[ National Law & Regulations, Section 269, Regulation 153 ] The approved provider of a family day care service must keep at its principal office a register of each family day care educator, co-ordinator and assistant and any other person engaged by or registered with a family day care service to educate and care for a child.

The approved provider must take reasonable steps to ensure the information contained in the register is accurate. Failure to do so will result in a penalty of $2000.

The approved provider must provide any information on the register and any changes to the information on the register to the regulatory authority on request within 24 hours of the request.

It is an offence not to keep a register of family day care educators at the principal office of the service that contains the required information in respect of each family day care educator engaged by or registered with the service, each family day care co-ordinator employed or engaged by the service and each family day care educator assistant engaged by or registered with the service ($4000 in the case of an individual, and $20,000 in any other case).

It is an offence if the approved provider does not provide any information on the register and any changes to the information on the register to the regulatory authority on request within 24 hours of the request. It is an offence not to provide information to the regulatory authority as required ($4000, in the case of an individual, and $20,000 in any other case).

What should be included on the register?

[ National Regulations, Regulation 153 ] The register of family day care educators, co-ordinators and assistants must include the information below in relation to each family day care educator, co-ordinator and assistant engaged by or registered with the service.

Information held on the register in relation to a family day care educator, a family day care co-ordinator or a family day care educator assistant must be kept on the register until the end of 3 years after the date on which the family day care educator, the family day care co-ordinator or the family day care educator assistant ceased to be employed or engaged by or registered with the service.

Residents and family day care educator assistants to be fit and proper

[ National Regulations, Regulations 163, 169 ] The approved provider of a family day care service must take reasonable steps to ensure that family day care educator assistants and anyone aged 18 years or over who live at the family day care residence are fit and proper people to be in the company of children.

The approved provider must consider the person’s history in the following ways in each state or territory.

[ National Regulations, Regulations 164 ] The approved provider of a family day care service must require each family day care educator to notify the provider of:

• any new persons aged 18 years or over who live, or intend to live, at the educator’s family day care residence
• any circumstances which may affect the fitness and propriety of a person aged 18 years or over who resides at a family day care educator’s residence, or a family day care educator assistant, who has previously been assessed as fit and proper.

The family day care educator must notify the approved provider of the above.

Visitors to family day care residences and venues

[ National Regulations, Regulations 165, 169 ] An approved provider must take all reasonable steps to ensure a record of all visitors to a family day care residence or approved family day care venue is kept. A family day care educator must keep a record of all adult visitors to the educator’s residence or venue while children are being educated and cared for at the residence or venue. The record must include the signature of the visitor and the time of arrival and departure.

[ National Regulations, Regulations 166, 169 ] The approved provider must take all reasonable steps to make sure a child being educated and cared for is not left alone with a visitor. The family day care educator must not leave a child being educated and cared for at the residence or venue alone with a visitor. An approved provider must have policies and procedures in place to ensure children are not left alone with visitors in a family day care residence or venue.

See Supervising unauthorised persons below for information about who is considered to be a visitor under the National Law.

Supervising unauthorised persons

[ National Law, Section 170   TAS  ] An approved provider and nominated supervisor (except for those in Tasmania) must ensure an unauthorised person does not remain on the education and care service premises while children are being educated and cared for, unless the person is under the direct supervision of an educator or other staff member.

A family day care educator (except for those in Tasmania) must ensure an unauthorised person does not remain on the premises while children are being educated and cared for, unless the person is under the direct supervision of the educator. In Tasmania, the Registration to Work with Vulnerable People Act 2013 provisions apply.

Parents, family members and authorised nominees are not unauthorised persons and therefore are not required to be directly supervised while on the education and care service premises. Similarly, educators who are part of the family day care service are registered with the service and considered to be an appropriate person to educate and care for children, so are not considered to be an unauthorised person. This also applies to the co-ordinator of the family day care service.

The National Law does not require an approved provider or nominated supervisor of a centre-based service to keep a record of visitors. However, they may decide to keep a visitor’s book to help ensure any unauthorised persons do not remain at the service unless under direct supervision.