The Department of Education and Training has sought public comment on the implementation of a legislative scheme which will allow information sharing between authorised and trained
professionals specifically to promote children’s well being and safety via this website. The scheme was introduced in response to issues identified by the Royal Commission into Institutional Responses to Child Sexual Abuse and is scheduled to be implemented progressively from 3 September 2018. Legislation to support the scheme was passed earlier this year in the Children Legislation
Amendment (Information Sharing) Act 2018. The Victorian Government also released a media release on the legislation.
The purpose of this blog is to provide information on developments in childcare regulation in Australia. Its main focus is the Education and Care Services National Law and Regulations
31 May 2018
24 May 2018
Commonwealth Funding of NQF - NT Response
The Katherine Times carried a story on the NT's response to the reduction in Commonwealth funding to pay for quality checks of childcare services by States and Territories.
Review of Cancellation of Approval as Child Care Service Provider: WA Bright Kids Family Day Care Pty Ltd and Secretary, Commonwealth Department of Education and Training
This was a case heard by the Australian Administrative Appeals Tribunal in which the Department argued that the Tribunal did not have jurisdiction to review its decision to cancel the Applicant’s approval as a child care service provider under section 202(4A), A New Tax System (Family Assistance)(Administration) Act 1999 (i.e. in relation to the payment of Commonwealth child care benefit). The Tribunal found that it did have jurisdiction, see the full case here.
16 May 2018
Working With Children Checks and Police Checks in Australia
Child Family Community Australia has updated its resource sheet called Pre-employment screening: Working With Children Checks and Police Checks.
It provides an overview of the types of Working With Children Checks and Police Checks in Australia, their requirements, and jurisdiction contact information.
It provides an overview of the types of Working With Children Checks and Police Checks in Australia, their requirements, and jurisdiction contact information.
14 May 2018
Commonwealth Government Funding of NQF - Victorian Response
Following the earlier post, the Victorian Minister for Families and Children has now issued this media release regarding the funding cut.
Commonwealth Government Funding of NQF
According to a report in The Daily Telegraph, the Commonwealth Government has axed $20m in funding to pay for quality checks of childcare services by States and Territories.
13 May 2018
Inadequate Supervision (Section 165, National Law): Chief Executive Officer Department of Communities and Farooq
In a case heard on 9 May, before the West Australian State Administrative Tribunal (WASAT), an order was made which gave effect to the terms of settlement in relation to a matter brought before the tribunal by the WA Regulator (Department of Communities) for contravention of section 165(3), National Law by family day care educator, Ms Afshan Farooq. In addition, the educator contravened regulation 178(2), National Regulations by failing to
take reasonable steps to ensure that the prescribed attendance record
for a child was accurate.
The facts of the case are set out in the report of the case, and in particular the attached agreed set of facts (annexure A). In summary, the educator left two children under 3 years old with her husband and 8 year old child while she went to a physiotherapy appointment. Later the husband left the 2 year old at the residence alone and unsupervised while he took the 3 year old home. Shortly, after the mother of the 2 year old arrived at the residence to collect her child who could be heard crying but she was unable to collect the child. Six minutes later the husband returned, and later the educator. A penalty of $3200 was imposed on the educator and she was also required to pay $1000 towards the Department's legal costs.
The facts of the case are set out in the report of the case, and in particular the attached agreed set of facts (annexure A). In summary, the educator left two children under 3 years old with her husband and 8 year old child while she went to a physiotherapy appointment. Later the husband left the 2 year old at the residence alone and unsupervised while he took the 3 year old home. Shortly, after the mother of the 2 year old arrived at the residence to collect her child who could be heard crying but she was unable to collect the child. Six minutes later the husband returned, and later the educator. A penalty of $3200 was imposed on the educator and she was also required to pay $1000 towards the Department's legal costs.
7 May 2018
Brisbane Childcare Service Closed Down Due to Fire Safety Risk
According to a report on 9News.com.au, the Queensland’s Department of Education closed Little Ducks Childcare
Centre in Fortitude Valley due to lack
of fire exits.
5 May 2018
4 May 2018
AFP Operation In Relation to NSW Family Day Care Fraud
The Commonwealth Minister for Education and Training issued a media release today in relation to the Australian Federal Police, acting on information provided by the
Department of Education and Training, executing a search warrant yesterday in
Lakemba and Kellyville in Sydney. Two people have been charged with offences
following an investigation into alleged fraudulent family day care
payment claims. The Sydney Morning Herald published an article which gave more details about this operation.
2 May 2018
New Queensland Guidance Published on Services Operating from Multi-storey Buildings and Operating Bush Kindies
The Queensland Department of Education (the Regulatory Authority under the National Law for Queensland) has recently published new fact sheets on guidance to approved providers operating services from multi-storey buildings and bush kindy (kindergarten excursions). See their website (under the heading Operational Requirements) for these two new fact sheets.
Changes to Queensland Legislation Regarding Purchase of Epipens and Asthma Medicines
Changes to the Health (Drugs and Poisons) Regulation 1996 now allow a
pharmacist to sell adrenaline (known by the brand name Epipen)
and salbutamol and terbutaline (asthma reliever medicines) for the
purpose of stocking and maintaining a first-aid
kit. A pharmacist may sell these medicines to people who
have the authority to purchase them, which includes child care services employees in certain circumstances. For more information see the Queensland Health Fact Sheet.
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