The National Quality Framework (NQF) commenced on 1 January 2012 and services from across Queensland have asked a number of questions relating to the new National Law and National Regulations.
This page will be continually updated to include responses to questions raised during the NQF transition period.
If, after reading through the FAQs, you can't find the answer to your question please email ecec@deta.qld.gov.au.
Please also refer to the ACECQA FAQs for further information.
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On 1 January 2012, the National Quality Framework (NQF) introduced a new integrated national approach to the regulation and quality assessment processes for long day care, family day care, outside school hours care and kindergarten services. This includes a new quality rating system for services and new national standards that includes more educators to educate and care for children and enhanced educator qualification requirements 
223k.
Key aspects of the new Framework include:
223k of educators to children. Given that Queensland already meets the ratio requirement being implemented in 2012, the first substantial change for Queensland services will be in 2016.
- will ensure delivery of nationally consistent and quality early childhood education across all settings throughout Australia. The My Time, Our Place: Framework for School Age Care in Australia will provide similar consistency for all outside school hours care services and other services (long day care and family day care) providing education and care for school age children.A range of resources are available to provide more detail for services and families.
The Australian Government and state and territory governments are working to deliver national reforms and joint initiatives, including the introduction of a National Quality Framework (NQF), aimed at providing all children with the best start for life and learning.
The decision to pursue this important reform was based on a number of key factors:
The first five years of a child's life shapes their future - their health, learning and social development. Experiences in the early years form the foundation of an individual's life-long learning capacity and social behaviour.
Quality of education and care services is crucial. Well qualified educators, low educator to child ratios and small group sizes provide the context in which quality is likely to occur.
The NQF aims to deliver consistently higher standards of quality education and care to all children throughout Australia.
For more information about the national and international policy and research that led to the development of the NQF, view the National Quality Framework background presentation 1.0M.
The National Quality Framework (NQF) puts in place a new National Quality Standard (NQS) to ensure high quality and consistent early childhood education and care across Australia. The NQS focuses on outcomes for children. The changes help providers to improve their services in the areas that impact on a child's development and the national rating system empowers families to make informed choices about which service is best for their child.
For both service providers and assessors there will be a much greater reliance on professional judgement in demonstrating and assessing compliance under the NQF.
Services only have to deal with one tier of government under new streamlined national regulatory arrangements administered and enforced by state agencies. In Queensland, the Department of Education and Training is the Queensland regulatory authority responsible for regulating and assessing services oversighted by a national authority that monitors national consistency, the Australian Children's Education and Care Quality Authority .
On 7 December 2009, the Council of Australian Governments agreed on the National Quality Agenda for Early Childhood Education and Care (the NQA).
Since this agreement all jurisdictions have been engaged in the national process for development of the new Education and Care Services National Law 2010 (National Law). The National Law commenced on 1 January 2012 and replaces each jurisdiction's legislation for long day care, family day care, outside school hours care, pre-Prep and kindergarten services.
The process for implementing the National Law is an applied laws approach that requires a host jurisdiction to pass the Bill. Other jurisdictions (including Queensland) then adopt the Act by reference to the host jurisdiction's legislation. The style of the legislation provides broad enabling powers in the Act and the detail will be contained in a Regulation.
Victoria, as the host jurisdiction, passed the Education and Care Services National Law Bill on 5 October 2010.
The Queensland and Australian governments consulted on draft National Regulations detailing proposed reform of the early childhood sector in March and April 2011.
A Regulatory Assessment Statement 319k which detailed the options for regulating early childhood education and care services currently licensed under Queensland's Child Care Act 2002 that are currently excluded from the NQF was also consulted on during this time. The Education and Care Services National Regulations 2010 were released in 2011. New legislation for services outside the scope of the NQF is currently being developed.
The Education and Care Services National Law Bill fact sheet provides more detailed information about the Bill process.
The Council of Australian Governments agreement was the result of substantial national consultation during 2009 with more than 19 open public forums held around Australia involving around 1700 people from across the early childhood sector.
A number of consultative mechanisms are in place to ensure the sector continues to be involved in the development of the National Quality Framework (NQF).
At the national level a Stakeholder Reference Group (SRG) is being consulted on a range of topics for the implementation of the NQF. Members of the SRG include peak bodies, providers, academics and other key industry representatives. A full list of members and their contact details can be found at the My Child website .
The Queensland Government's current consultation mechanisms regarding early childhood include:
These groups assist the Department of Education and Training to represent the interests of the Queensland early childhood community in national negotiations.
The Queensland and Australian Governments consulted on draft National Regulations detailing proposed reform of the early childhood sector in March and April 2011.
A Regulatory Assessment Statement 319k which detailed options for regulating early childhood education and care services currently licensed under Queensland's Child Care Act 2002 that are currently excluded from the NQF, was also consulted during this time.
The Office will actively alert stakeholders to opportunities for comment through the A-Z of Early Childhood newsletter.
Copies of the Education and Care Services National Law Act 2010 (Vic) can be purchased from Information Victoria by calling 1300 366 356 or Anstat Pty Ltd by calling (03) 9278 1133.
Printed copies of the National Regulations can be ordered from Salmat, who offer a 'Print on Demand' service for Acts and Regulations published on the NSW Legislation website.
As at 17 November 2011, prices are:
Orders can be made over the phone by credit card by calling 1300 725 628. Quotes can be requested by sending an email to bookshop@salmat.com.au.
The Queensland and Australian Governments are committed to ensuring that service providers have the information they need to understand the requirements of the National Quality Framework (NQF). A range of products has been developed to support service providers, educators and families to understand the requirements of the NQF. Ongoing communication through stakeholder forums and electronic/hard copy updates will ensure that service providers are kept informed and are supported during the implementation process.
Changes to educator-to-child ratios and educator qualifications are being phased in gradually from 2012, in recognition that service providers and educators will need some time to adjust and upskill.
Both the Australian Government and the Queensland Government are investing in a range of initiatives to support the early childhood workforce.
The Australian Government will continue to provide funding through Child Care Benefit and the Child Care Rebate . Funding is also being provided through the Queensland Kindergarten Funding Scheme to support services to employ an early childhood teacher to deliver a kindergarten program.
Provisions are proposed for the Regulatory Authority to issue a service waiver or temporary waiver if a service provider is facing difficulty meeting the staffing or physical environment requirements under the National Quality Framework. The circumstances under which these provisions may apply are yet to be determined.
The National Quality Standard focuses on outcomes for children rather than prescribing inputs, giving services scope to adapt many aspects of service delivery to suit the local community, provided outcomes for children can be demonstrated.
The Department of Education and Training will continue to work with services and those that are working towards reaching the National Quality Standard will receive greater support through more frequent assessment visits. The proposed assessment and rating process includes the requirement for services to undertake a self-assessment and develop a Quality Improvement Plan prior to an assessment visit. This is designed to assist services to focus on continuous improvement and make professional judgments about the way they operate.
There is no ability under the National Law for services to 'opt-in' to being subject to the National Law . Depending on the type of exclusion, a change to the way a service operates may impact on the status of the service. For example, while a service operates in a way that matches the description of 'occasional care' in the National Regulations , it will be excluded. However if the service stops providing education and care primarily on a casual or ad hoc basis and primarily provides regular care, the service will be in-scope of the National Quality Framework (NQF) (assuming no other exclusion applies).
Services Queensland excluded from the NQF that are currently licensed or regulated under the Child Care Act 2002 must continue to comply with the requirements of the Child Care Act 2002 and Child Care Regulation 2003. However, out-of-scope services may choose to adopt aspects of the National Quality Standard , including implementing the Early Years Learning Framework and undertaking a self-assessment and quality improvement process.
There is no maximum age under the National Quality Framework, however if all children attending a service are over 13 then the service is out-of-scope.
There will be no cost incurred by the licensee, and no form will be required as the amendment will be made by consent. Under section 42(5)(b) of the Child Care Act 2002, licences can be amended by the Department as long as the licensee has given their written agreement for the amendment (i.e. by consent).
The process will involve the following steps:
Step 1: The Department will send correspondence to the licensee outlining why the amendment is required, and seeking clarification of the trustee's details.
Step 2: The licensee responds to the correspondence by clarifying who the trustee is and agrees in writing to amend the licence. The licensee should also supply a copy of their Trust Deed (if this is not already on file).
Step 3: The Department amends the licence accordingly and sends the amended licence to the licensee.
This process is well underway with amendments being made prior to the end of 2011.
Section 11 of the National Law states that an application for Provider Approval made under section 10 must be made to the Regulatory Authority of the participating jurisdiction in which the applicant, or any of the applicants, ordinarily reside.
Section 11 also provides that where the applicant/s is not an individual (i.e. a corporation), an application must be made in the jurisdiction in which the principal office is located.
Therefore the individual must reside within Australia, or in the case of a corporation, the principal office must be located in Australia.
The Approved Provider will be the current licensee, which in this instance would be the P&C Association. When any members of the P&C Executive change, the new members must hold or apply for a Blue Card and the Regulatory Authority (the Department of Education and Training) must be notified within seven days (section 173 (1) (b) of the National Law , and regulation 174 (2)(b) of the National Regulations ).
Section 23 of the Education and Care Services National Law (Queensland) Bill 2011 enables a person who becomes a member of the executive, and does not hold a current Blue Card, to be taken as fit and proper provided they have applied for one. This provides the necessary time for the person to make application for a Blue Card, if they do not hold one.
No. Section 307(6) of the National Law provides that if a licence is suspended (including voluntary suspension) under the Child Care Act 2002, the service approval for the education and care service is taken to be suspended under the National Law . This suspension will continue for the same period as it would have under the Child Care Act 2002.
The Approved Provider was taken to hold a service approval on 1 January 2012, and it would have been taken to be suspended. At the end of the suspension, the service will be approved to operate, assuming it meets the requirements under the National Law .
If the suspension was not voluntary, the Department must determine before the expiry of the period whether the suspension should be cancelled or extended, or whether the service approval should be cancelled.
Providers of such services would have received a letter in December 2011 to facilitate the transition to the National Quality Framework.
Section 172 of the National Law and regulation 173 of the National Regulations require the service to display:
To meet the display requirements outlined above, existing services must display the name of the Nominated Supervisor in addition to confirming details of the Nominated Supervisor with the Department by 10 February 2012.
Existing services must also:
A licence granted at the end of 2011 under the Child Care Act 2002 (whether the service is operating or not) will have been transitioned as a declared approved service and the licensee as an approved provider under the National Law .
After a service approval is granted under the National Law (i.e. new services that apply for approval from January 2012), the service must commence ongoing operation of the service within six months after the approval is granted, unless the Regulatory Authority agrees to an extension of time.
No, existing services were transitioned into the National Quality Framework as declared approved services. Only new applications for centre-based service approvals require a soil assessment.
Only one service approval is required. The service approval will be issued in the jurisdiction in which the scheme is based. Therefore, if the office of the scheme is located in New South Wales, the service approval will be issued in New South Wales.
If that scheme has educators in Queensland and NSW, NSW will be responsible for the ongoing service approval and may either conduct the visits themselves or negotiate with the Department if visits to educators are required over the Queensland border.
Multiple licences on the same premises operated by the same approved provider were transitioned as one service approval under National Quality Framework. Current multiple licences considered to be only one service for National Childcare Accreditation Council processes will be automatically transitioned. Other adjoining services may choose to have a single service approval. The Department requested information about co-located and adjoining services as part of the data collection that took place in December 2011 to inform the transition process.
Application for a centre-based service approval, including an OSHC service, must include information stipulated in regulation 25 of the National Regulations . Regulation 25 (g) states that unless the education and care service premises is a government or registered school, either of the following must be provided with the service approval application:
Nationally, consideration is being given as part of the development of the policy guidelines to services on school sites.
Section 32 (5) of the Child Care Act 2002 enables the licensed capacity of a service other than a school age care service to be set at more than 75 for stated periods, totalling not more than two hours each day.
For most services, this condition was transitioned across however individual service providers will have worked with regional staff to determine whether the condition should transition across. For example, a service may no longer need the condition as they are not providing or do not intend to provide care to school age children between 3 and 5 p.m. These conditions will form part of the service approval that will be issued to providers by 30 June 2012.
Under regulation 4 of the National Regulations , the approved number of places in a centre based service means the maximum number of children who can be educated and cared for by the service at any one time.
The approved provider must ensure that for each child being educated and cared for, the premise has at least 7m TM TM of unencumbered outdoor space and 3.25m TM TM of unencumbered indoor space.
Existing services must continue to meet the requirements of the building legislation that applied when the service's premises were originally certified (i.e. the Queensland Development Code (QDC)).
From 1 January 2012, the approved provider of an existing service may apply in writing to the Department for an amendment of their service approval. The approved provider must demonstrate an ability to maintain compliance with the relevant version of the QDC, and that outcomes for children will not be impacted. This application must be accompanied with any relevant documentation to support the application such as plans of the education and care service premises developed by a Building Practitioner (e.g. building certifier) that demonstrate the sufficient space at the service. Existing plans may be used if these meet the requirements to demonstrate sufficient space at the service. Once all the information is received, the Department has 60 days in which to decide the application (see section 54(5) of the National Law ).
When a service approval is granted, the age range conditions applying to the service will be included on the approval.
If a service is able to take both preschool and school age children, the condition may read one of the following:
If the service is able to take preschool age children only (not including school children), the condition may read one of the following:
For school aged care services, the condition will read:
Other age ranges may be considered if it relates to a legislative requirement that restricts the ages of the children able to attend.
There may be situations where, despite the best intentions, services are unable to meet certain requirements in relation to physical environment or staffing arrangements, either on a permanent or temporary basis. For example, in a remote community where finding suitably qualified educators may be difficult, if a teacher leaves a service it may be difficult to find a replacement immediately.
In addition, there may be circumstances where services can demonstrate the ability to achieve the intended outcomes for children, via an alternative approach to a prescribed physical or staffing standard or regulation.
National policy is currently being developed to guide Regulatory Authorities in making consistent decisions regarding applications for waivers.
Under the Child Care Act 2002, there are no 'waivers' but there are conditions, permanent exemptions and alternative solutions that could be considered comparable.
As part of transitioning services under the Child Care Act 2002 to the National Law , the Department will work with services to identify alternative solutions and licence conditions, and transition these as conditions on a service approval where appropriate.
If services have a permanent exemption under Section 188 of the Child Care Act 2002, they have until 31 March 2012 to apply for a temporary or service waiver for an equivalent requirement under the National Law .
From 2012, services can seek a temporary (regulation 44) or service waiver (regulation 41) by applying to the Department. It is expected that the application form will be available online in the future.
No, a waiver cannot be issued to an individual to meet the qualifications of a certified supervisor. Waivers are only applicable to the staffing and physical requirements in parts 4.3 and 4.4 of the National Regulations and related National Quality Standards.
However, if an individual does not have the qualification requirements prescribed in the National Regulations , an individual may be granted a supervisor certificate if they had 3 years experience as an educator in a prescribed setting (regulation 47 (b) (i)). An applicant without qualifications or experience may be granted a supervisor certificate subject to a condition that the person may only be a supervisor of a service that primarily educates and cares for children over preschool age.
In Queensland any staff member of a licensed service or nominee for a licensee who also holds or is working towards the qualifications for a Group Leader (Diploma), Director (Advanced Diploma) or School Age Coordinator (Diploma) or holds the qualification for a family day care Coordinator (Diploma) were declared Nominated and Certified Supervisors on 1 January 2012. Information was sought from service providers in December 2011 to facilitate this transition. The requirements for new applicants for Supervisor Certificates are outlined in regulation 47 of the National Regulations.
For new Certified Supervisor applicants, the applicant must:
Without these qualifications or experience, the individual may only apply to be a Certified Supervisor in a school-age care setting.
There is a one-off $30 application fee for the Supervisor Certificate which is paid by the individual. The certificate is portable from service to service and nationally and is issued automatically if a person is already in an existing equivalent position. Those persons automatically granted a Declared Supervisor Certificate will not need to pay the application fee.
The $30 fee is a fee that applies to individuals who are seeking to become Certified Supervisors from 2012. Individuals that were declared Certified Supervisors will not need to pay the fee. The Department sought information from services in relation to those declared Certified Supervisors, and will be requesting that information be provided by no later than 10 February 2012.
A provider approval, service approval or supervisor certificate once granted continues in force until it is cancelled or surrendered under the National Law . This also applies to the existing services and individuals that were transitioned into the National Law as declared approvals on 1 January 2012.
Those individuals who apply for a Supervisor Certificate from 2012 (i.e. are not declared Certified Supervisors) will be able to apply via the new national IT system, or through paper-based forms available on ACECQA's website . Further information on the timeframe for the IT system will be available soon.
Any individual previously employed as a Group Leader or Director was transitioned as a declared Certified Supervisor and a declared Nominated Supervisor on 1 January 2012.
From 2012, if that individual transfers to another service that declared Certified Supervisor status will be portable with the individual. Therefore, any service (including other declared services, or newly approved services) will be able to nominate one of these individuals as the Nominated Supervisor with their consent.
Approved providers are required to nominate a certified supervisor as a nominated supervisor and seek written consent from that individual for that nomination. For existing services, information to be provided to the Department via the ECEC Services National Quality Framework transition form includes details of the nominated supervisor.
A certified supervisor who is placed in day-to-day charge of the service is not acting in the role of the nominated supervisor. Therefore, there is no requirement for approved providers to inform regional officers about certified supervisors who are placed in day to day charge.
Regulation 54 of the National Regulations states the approved provider or nominated supervisor must designate the certified supervisor to be the certified supervisor in day to day charge and the certified supervisor must accept that designation in writing.
It is the responsibility of the Approved Provider to ensure a Quality Improvement Plan (QIP) is developed for each of their services. At the service level, a self-assessment process would be undertaken in consultation with stakeholders including educators, families and the community, against the National Quality Standard (NQS) and related regulations. Based on the identified strengths and areas for improvement, the service management (eg the Nominated Supervisor, educational leader and/or Approved Provider) will develop a QIP which reflects the unique circumstances of the service and its community. The QIP must.
Services will have up to six weeks to refresh their QIP after advice that the assessment and rating process has started.
Refer to the Guide to developing a Quality Improvement Plan for more information.
Services licensed / approved prior to 1 January 2012 must prepare their Quality Improvement Plan by 30 April 2012. The plan needs to be available on request by the Regulatory Authority (Department of Education and Training) or by parents of a child enrolled or seeking to enrol in the service.
As a transitional provision, new services approved between 1 January 2012 - 31 January 2012 must submit their Quality Improvement Plan to the Regulatory Authority by 30 April 2012. All new services approved on or after 1 February 2012 must submit their Quality Improvement Plan within three months of the grant of service approval, as prescribed in regulation 55 of the National Regulations . In Queensland, the Regulatory Authority is the Department of Education and Training.
An optional template and the Guide to the Quality Improvement Plan are available from the ACECQA website.
Approved providers are encouraged to continually update their Quality Improvement Plan and adjust practice to work towards continuous improvement. These updates will not regularly require service visits from authorized officers, nor will it require the Quality Improvement Plan to be submitted to the Regulatory Authority. In section 174 of the National Law and regulation 175 of the National Regulations, a range of matters are outlined for notification to the Regulatory Authority and authorised officers will undertake a risk-based approach to determining if and when service visits are required.
No. However, it would be best to keep it succinct.
In developing the Quality Improvement Plan consideration needs to be given to all 18 standards and 58 elements of the National Quality Standard, however services may choose to focus the key improvements on particular aspects identified in the self-assessment process.
The Quality Improvement Plan must include strategies to address those quality areas noted during the self-assessment or assessment process as not meeting the National Quality Standard or any regulatory requirement.
A service meeting or exceeding the National Quality Standard in all quality areas should demonstrate its commitment to continuous improvement by documenting how the service will maintain its current quality practices and progress them to the next level.
The Guide to developing a Quality Improvement Plan is available to assist you.
When submitting the Quality Improvement Plan to the Department of Education and Training (the Department) it can be electronic or printed. The requirement is for it to be submitted and the Department can accept these via email or post. An electronic form may be preferred by your local office.
Again, it is not specified whether the copy maintained at the service needs to be electronic or hard copy, only that it is readily available to authorised officers and parents.
Yes. Section 31 of the National Regulations requires the approved provider to ensure that the Quality Improvement Plan is made available on request at the service office by parents of children who are enrolled or are seeking to enrol.
However, if parents request to see the Quality Improvement Plan prior to the required due date - 30 April 2012 for existing services licensed prior to 1 January 2012 and services approved by 31 January - it is reasonable for services to inform parents they do not have one yet.
Yes, some minor amendments have been made to the National Quality Standard to reduce duplication and better align terminology with the National Law and the National Regulations . This includes reducing the number of standards from 23 to 18 and the number of elements from 65 to 58. In addition:
The National Quality Framework moves early childhood education and care services to a regulation and quality assessment system with more flexibility, which rewards services that focus on outcomes for children and proactively use self assessment tools and quality improvement plans.
The draft supporting documentation being used to develop this system is available online and includes:
This documentation will be reviewed based on the results of the current assessment and ratings trials.
Feedback on this documentation is welcomed and can be provided by emailing ececquality@deewr.gov.au, calling the National Quality Hotline on 1800 181 088 or via post to:
Branch Manager
Early Childhood Quality
Loc C17MR2 DEEWR
PO Box 9880
Canberra ACT 2601
The first assessment visits to services are expected to commence in June 2012. For more information see ACECQA's NQF Assessment and Rating page .
The Australian Children's Education and Care Quality Authority (ACECQA) is monitoring the implementation of the National Quality Framework (NQF) for Early Childhood Education and Care at the national level.
As of 1 January 2012, ACECQA is responsible for monitoring national consistency of educator-to-child ratios and educator qualification requirements.
ACECQA also ensure consistency in the application and enforcement of the standards and rating levels.
The first assessment visits to services are expected to commence in June 2012. For more information see ACECQA's NQF Assessment and Rating page .
Services will start to be notified from mid March 2012 that the assessment and rating process has commenced and the earliest site visits will start in mid June 2012. Priority will be given to education and care services that are currently covered by the National Childcare Accreditation Council but are not yet accredited or were due for accreditation in 2012. A cross section of service types from both centre-based and family day care will be scheduled. Your local regional office will provide scheduling details on an ongoing basis.
For more information view the Australian Government's assessment and rating process fact sheet.
For the timeframes associated with the assessment and rating process, refer to the Assessment and Rating Process fact sheet .
Operational policies will inform a consistent approach to determining the approximate length of an assessment and rating visit, based on the service type, size of service and other issues such as remoteness, frequency and recency of contact with the service and other factors relevant to the service.
Regulation 63 of the National Regulations outlines the areas that must be considered when assessing and rating a service (including review of the Quality Improvement Plan and a site visit by an authorised officer).
For family day care (FDC) services, site visits will involve visits to the service (scheme/coordination unit) at the beginning and end of the assessment visit as well as visits to a sample of individual educators to observe practice with children.
When notifying services of an upcoming assessment and rating visit, the authorised officer from the Department will provide details of the visit (times, dates and approximate length of the visit) to the service prior to the site visit. Services will be provided with an outline of what will be observed at a minimum:
For centre-based services, each room and common areas (including outdoors) with detailed observations with each age group present.
For example, for a long day care centre with three rooms the site visit may be approximately six hours, while for a service with seven rooms, it may be determined that a two day site visit is required to collect the necessary information to complete the assessment and rating report.
For a sessional preschool or a before and after school care program, it is likely that a minimum of two sessions would be observed.
For FDC services, an initial visit to the scheme/co-ordination unit; assessment of a sample of FDC educators; and a final visit to the scheme/co-ordination unit following completion of assessments with the educators.
For example, it is likely that the initial visit to scheme/coordination unit office would take up to three hours to meet with the nominated supervisor and co-ordinators and view relevant documentation. In a service with up to 30 educators, it is likely that three educators would be randomly selected to be visited. For a scheme with up to 60 educators this is likely to increase to five educators. It is likely that these visits would be followed by a visit to the scheme/coordination unit or if distance and logistics are an issue this could take place over the telephone.
This will usually be the case but will be determined by your local Regulatory Authority office. The visit length and number of educators sampled for family day care will be determined according to the number of educators in the scheme. Site visits will involve visits to the scheme office at the beginning and end of the assessment visit as well as visits to a random sample of individual educators to observe practice with children.
However, if a scheme operates in more than one region or jurisdiction, an Authorised Officer from the region or jurisdiction in which the educator resides may need to visit them.
The requirements of the Child Care Act 2002 and the Child Care Regulations 2003 are expected to position services well to meet the prescribed requirements of the National Law and National Regulations.
However, the prescribed requirements of the Child Care Act 2002 and the Child Care Regulations 2003 have always represented minimum requirements for the delivery of quality services. The National Quality Standard rating level sets the benchmark higher for services. Therefore, services that meet the prescribed elements under the Child Care Act 2002 and the Child Care Regulations 2003 may not meet the National Quality Standard rating level. There are some other fundamental changes in the National Law and Regulations. A key example of this is the requirement under the National Quality Framework for services to implement the Early Years Learning Framework . There is no mention of this framework within the Child Care Act 2002 or the Child Care Regulations 2003. There are also additional policies and procedures that services must maintain.
The National Quality Framework focuses on observed quality outcomes for children. Authorised Officers will review the service TM s Quality Improvement Plan as well as the service TM s licensing, compliance and quality improvement history (if any), before visiting the service. The assessment and rating visit will involve observing practice, discussing with educators, managers and staff, and sighting supporting documentation (e.g. programs, policy and procedures).
The assessment approach will focus on continuous quality improvement and the outcomes that are being achieved for children across each of the seven quality areas of the National Quality Standard and the related regulatory standards.
The Guide to the National Quality Standard is a great resource to navigate the seven quality areas.
Early childhood services must provide a program that aligns with an approved learning framework (the Early Years Learning Framework and the My Time, Our Place: framework for school age care in Australia ) to meet the new National Quality Standard (NQS).
The frameworks describe the principles, practice and outcomes essential to support and enhance young children's learning from birth to 12 years of age, as well as their transition to school. Long day care, family day care and kindergarten services will need to implement the Early Years Learning Framework, and services providing outside school hours care programs for school age children will be required to implement the My Time, Our Place framework, under Quality Area 1: Educational program and practice of the NQS.
The Educators' Guide to the Early Years Learning Framework for Australia is designed to be used by educators in interactive ways to promote in-depth conversations and thinking about the concepts embedded in the Early Years Learning Framework.
In addition, a number of learning guidelines have been developed which support these frameworks including the Queensland Kindergarten Learning Guideline , Foundations for Success (Aboriginal and Torres Strait communities) and other programs that may be approved by the Queensland Studies Authority (QSA). While services will be assessed against the Early Years Learning Framework as part of the NQS, these guidelines provide additional support and guidance for Queensland educators.
View the Learning frameworks fact sheet for more information and a list of services providing assistance with using the frameworks and guidelines.
No. The Queensland Kindergarten Learning Guideline (QKLG) is a curriculum guideline for Kindergarten and is aligned with and builds on the Early Years Learning Framework (EYLF). Under the National Quality Standard , the EYLF is an approved learning framework 232k. It is a requirement from 1 January 2012 for long day care, family day care and Kindergarten services catering for children aged from birth to school aged to apply this framework.
Kindergarten programs funded under the Queensland Kindergarten Funding Scheme are required to use the QKLG, or another kindergarten guideline accredited by the Queensland Studies Authority for the kindergarten cohort, to assist their implementation of the EYLF. However, services will be assessed and rated against the principles, practices and outcomes in the EYLF.
The National Regulations prescribe two approved learning frameworks:
The Early Years Learning Framework is for services catering for children from birth to prior to school age in long day care centres, family day care schemes and kindergarten services. My Time, Our Place is for school age children, whether they are attending an outside school hours care service, a family day care scheme or a long day care centre. The two frameworks are closely aligned and built around the same five learning outcomes.
Educators in services providing education and care to children both under school age and school age need to be familiar with and implementing both frameworks. Both provide the blueprint to help educators meet the educational program and practice requirements under the National Quality Standard and related regulatory standards, which services will be rated against. The compatibility of the frameworks means it is not an onerous process to familiarise yourself with both.
Serious incidents are defined in Regulation 12 of the National Regulations as:
Section 12(b) of the National Law , the definition states 'any incident involving illness of a child'. The illness must be related to the incident and vice versa, or the illness must be of sufficient seriousness to warrant the attention of a registered medical practitioner, or the child attended, or ought to have attended, a hospital. The intention of the definition is to capture serious matters relating to incidents at education and care services which cause harm to children and serious illnesses suffered by children while in an education and care service.
If a child exhibits symptoms of an illness following an incident at an education and care service, this is reportable. Likewise, if a child exhibits symptoms of an illness which is communicable and serious, or potentially life-threatening, this represents an incident involving an illness and is reportable.
The National Quality Standard also provides guidance on managing injuries, illness and incidents, as follows:
2.1.4 Steps are taken to control the spread of infectious diseases and to manage injuries and illness, in accordance with recognised guidelines
2.3.3 Plans to effectively manage incidents and emergencies are developed in consultation with relevant authorities, practised and implemented.
Services should research recognised guidelines and consult with relevant authorities for guidance on the management of serious injuries, illness and incidents. The Guide to the National Quality Standard contains examples of practice, and a Further Reading section with some key resources, such as Staying Healthy in Child Care (4th Edition). Note that a new edition titled Staying Healthy in Early Childhood Education and Care: Preventing infectious diseases in education and care services is expected to be available in 2012.
There is no specific list provided, rather services need to identify the appropriate provisions for the individual needs of their service. Services can contact a reputable first aid organisation such as St John's Ambulance Service for advice on what is appropriate to include.
Under regulation 84 of the National Regulations, the Approved Provider must ensure the Nominated Supervisor and staff members are advised of the existence of the child protection law and any obligations they may have.
Queensland-based Approved Providers should refer to Queensland's Child Protection Act 1999 and/or contact the Department of Communities for further information in relation to child protection matters. There is a Department of Communities site which provides broad information on reporting to Child Safety Services. At November 2011, early childhood education and care educators are not 'obligated' or mandated reporters in Queensland.
Regulation 93 of the National Regulation states medicine must be administered from its original packaging and following either the doctor's instructions (if on a prescription) or the instructions on the package. It cannot be administered from a container with no instructions on it.
Also, medication must be administered in accordance with the parent's authorisation, which can be either written or verbal. However, verbal authorisation can only be used in an emergency.
For example, the regulation allows that if the child is suddenly running a high fever and there is concern about the child's welfare, and the service does not have prior written authorisation from the parent, then contact could be made with the parent and ask for verbal authorisation to administer medicine. If the parent is not available and it is considered to be an emergency, contact should be made with emergency services or a medical practitioner for advice. Parents must be notified as soon as practicable.
Special provisions (regulation 94 of the National Regulation ) exist for asthma and anaphylaxis emergencies to be treated without authorisation, but parents and medical professionals must be notified as soon as possible.
The National Law does not require permission to be sought, however services need to consider relevant privacy legislation to develop a policy on this issue.
Section 263 of the National Law states that the Commonwealth Privacy Act (Privacy Act 1988) applies as a law of a participating jurisdiction for the purposes of the National Quality Framework. The National Law does not explicitly contain any requirement for education and care services to obtain a parent's permission prior to displaying a photograph of a child.
If an individual's identity is apparent (or can reasonably be ascertained) from a photograph, then the collection, use and disclosure of the image is governed by the Privacy Act 1988, and the Information Privacy Principles must be considered when handling identifying photographs. Best practice in line with these Principles may include seeking parental consent.
In these circumstances, a service should refer to relevant privacy legislation to develop a policy on this issue. The Australian Privacy Commissioner's website may be of use for this purpose.
If a serious incident, as defined in regulation 12 of the National Regulations , occurs at an approved education and care service, it is the responsibility of the approved provider to notify the parents of any child involved and the regulatory authority as soon as possible and within 24 hours.
To notify the regulatory authority, download SI01 Notification of serious incident from the ACECQA website. This form is to be completed and scanned and emailed to the regulatory authority, with the original to be posted. It would be best practice to notify the regulatory authority (regional office 134k) by phone that the incident has occurred and the form is being submitted.
The serious incident should be accurately recorded as soon as possible, and the record kept and confidentially stored until the child is 25 years old.
For more information on notification of serious incidents, refer to page 112 of the Guide to the National Law and National Regulations .
To read the legislation relating to serious incidents, refer to section 174 of the National Law and regulations 12 and 176 of the National Regulations .
There are no provisions included in the national legislation enabling centre-based services to provide emergency care as previously defined under the Child Care Act 2002. Individual centres may wish to discuss with their local regional office their individual needs, and any plans to increase their maximum capacity.
For family day care schemes, regulation 124 of the National Regulations includes provision for a family day care service to approve a family day care educator to care for more than 7 children, or more than 4 children who are preschool age or under, at any one time, in exceptional circumstances.
Under the National Quality Framework, there are no specified educator to child ratios for excursions. The National Regulations require a risk assessment of each excursion and consideration of whether improved ratios are warranted for that circumstance (see regulation 101(2)(e) and 101(2)(f) of the National Regulations ). When going on excursions (e.g. swimming) it is very important to consider as part of the risk assessment what would constitute adequate supervision for this activity. Depending on the outcomes of this risk assessment, it may be decided that it is appropriate to have more educators to provide adequate supervision for the children.
A 'regular outing', such as a regular trip to a mobile library, requires the following:
A risk assessment template can be found in the Guide to the Law and Regulations available on the ACECQA website . However, services do not have to follow this and can choose their own format. Refer to regulation 101 of the National Regulations for required considerations such as the proposed route and destination, water hazards, number of children and adults.
Section 266 of the Building Act 1975, precludes an existing lawful building from having to be upgraded (subject to certain situations) every time laws change. This means that the application of new building standards is not retrospective.
In practice, this means that an existing education and care service must maintain compliance with the building standards applicable when the application for building approval (or building works) was originally lodged. This means compliance with the relevant version of the Queensland Development Code.
Existing services will also need to meet the physical environment requirements contained in the National Regulations (Part 4.3 - Physical environment). However, under the transitional provisions in the National Regulations , if the service was not required to comply with a similar requirement immediately prior to the commencement of the National Law , regulation 104, 114 or 115 does not apply and the service is taken to comply for assessment and rating purposes until 31 December 2015, unless the service is renovated or the service approval is transferred.
In relation to major renovations which would require building approval, the building standards that apply are those which are current when the building approval application is lodged. This may mean undertaking a re-evaluation of the complex in its entirety to ensure compliance with current building standards and the National Law and National Regulations . The building certifier has discretion to apply the newer version of the building standards to the whole of the existing building if the certifier believes that the proposed works would otherwise compromise the safety of the occupants or if the work exceeds 50% (by volume) of the original building (see section 81 of the Building Act 1975).
The design and layout of an early childhood education and care environment can have a significant impact on the delivery of education and care programs and practices and on issues such as supervision, ease of access to materials and resources, which may impact on a service's assessment and rating against the National Quality Standard . Refer to the National Quality Framework Building requirements page for more information.
A service does not need to install an additional nappy change facility specifically for this group from 1 January 2012. However, if the service provides education and care to any child wearing a nappy, regardless of age, it will need to have at least one nappy change facility accessible in the service in accordance with Regulation 112 of the National Regulations.
From 1 January 2012, the Approved Provider needs to continue to meet their Queensland Development Code requirements and those outlined in Regulation 112 of the National Regulations . If this service has existing nappy change facilities in the centre they will be sufficient for the purposes of Regulation 112 provided the Approved Provider can demonstrate they are adequate and hygienically appropriate, and meet the following requirements of Regulation 112:
The Approved Provider would need to demonstrate that any new or existing nappy change facility was 'properly constructed'. The Approved Provider would also need to be mindful that any significant renovation may mean the service needs to adhere to the latest version of the Queensland Development Code, which does require prescribed nappy change facilities. From May 2012 the Building Code of Australia may apply in relation to renovations in services.
Regulation 113 of the National Regulations requires that the approved provider of a centre-based service must ensure that the outdoor spaces provided at the education and care service premises allow children to explore and experience the natural environment.
Soft fall mats can be used in a service, in conjunction with natural environment features such as trees, sand, mud and natural vegetation.
In assessing a service's physical environment, authorised officers will be considering the natural features and safety provisions within the playground and how these contribute to implementing the educational program and promoting children's learning and developmental needs.
Existing services are required to maintain compliance with the building requirements in place at the time of the original certification (e.g. the Queensland Development Code (QDC)). The provision which allows for a veranda to be included as indoor space (regulation 107 (4) of the National Regulations ) is intended to apply to new (or substantially renovated) services from May 2012 when the new Building Code of Australia is introduced.
However, from 1 January 2012, an approved provider of an existing service may still apply to the Department to utilise regulation 107(4) allowing for a veranda to be included as indoor space. Approval of such an application would be subject to evidence from a Building Practitioner (e.g. building certifier) which demonstrates that despite the use of the veranda, the premise still complies with the relevant building standards (i.e. the QDC). In determining the application, the Department may also take into consideration additional factors including (but not limited to) the design and layout of the space to ensure that the space is adequate and usable by children, is protected from the elements, is functional to support the implementation of a program and is able to be supervised to ensure children's safety.
Playgrounds have different areas for different uses. Hard paved areas are required for ball games and wheels, large open running areas are usually grassed, and soft surfaces are necessary under any equipment from which a child could fall.
Existing services
Existing services are required to maintain compliance with the building requirements in place at the time of certification (e.g. Queensland Development Code), including compliance with any Australian Standards referenced such as soft fall.
New services
Approved providers need to be able to demonstrate that they are taking reasonable precautions to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury through the use of appropriate impact absorbing materials (soft fall).
In order to minimise injury and/or risk of injury to children in playgrounds, approved providers need to demonstrate adherence to Australian Standards and Kidsafe - The Child Accident Prevention Foundation of Australia Guidelines (Kidsafe).
Kidsafe advocate the use of equipment that is appropriate to the age groups, abilities and disabilities of the children, that eliminate unnecessary hazards, through the inclusion of equipment and environments that comply with Australian Standards. There should be a soft surface under all equipment. In addition, any equipment available for use by children in an early childhood education and care service, with a fall height over 500mm should have a tested impact-absorbing surface under and around it to help prevent serious head injuries.
The surface should comply with Australian/New Zealand Standard 4422:1996 Playground surfacing - Specifications, requirements and test materials. In order to demonstrate that the supplier of the surfacing material can provide approved providers with confirmation that the surface they have supplied will absorb an impact from the fall height determine for equipment.
Approved providers need to consider what is acceptable impact absorbing material and should refer to the KidSafe website for guidance. Asphalt and concrete are unacceptable soft fall surfaces for use under play equipment because they do not have any cushioning properties. Similarly, grass cannot be relied upon to provide protection for equipment over 500mm, as its ability to cushion a fall depends on wear and environmental conditions. There is no one ideal impact absorbing surface, and the choice will depend on a variety of considerations including the type of equipment being used, the fall height, geographical and climatic conditions and maintenance. The two main types of materials are loose fill (such as bark, woodchip or sand) and unitary, or solid, materials (rubber or synthetic compounds).
Yes. Regulation 117 of the National Regulations applies for all family day care services as follows:
117 Glass
However, family day care approved providers are eligible to seek a service or temporary waiver to meet the requirements of regulation 117.
Applications for waivers can be made to the Department of Education and Training and include prescribed information from regulation 42 and 45, such as the following:
Approved providers must be mindful that the Department may refuse an application for waiver, and that if a waiver is granted it may impact on the rating of their service against the National Quality Standard .
A family day care educator in Queensland may be permitted to use their own pool as part of their educational programs under the National Regulations ; however the family day care service must have a water safety policy in place, as stated in regulation 26(m). Family day care educators should discuss any plan to use their pool with the coordinator of the family day care service.
All Queensland pool owners should be aware of pool regulation requirements .
Section 162 of the National Law requires that the Approved Provider must ensure that a responsible person is present at all times the service is educating and caring for children. The responsible person can be either:
A Certified Supervisor is an educator who has been granted a supervisor certificate.
A Certified Supervisor can be placed in day-to-day charge of a service if the Nominated Supervisor or Approved Provider is absent, but will not have the same legal obligations as the Nominated Supervisor.
There is no limit to the number of Certified Supervisors in a service.
The Nominated Supervisor:
and National Regulations .There is one Nominated Supervisor per service.
Approved Providers are approved to operate an education and care service for which they hold a service approval. The Approved Provider must ensure their service operates in compliance with every aspect of the National Law and National Regulations . There is a range of legislative obligations on the Approved Provider. Some of the obligations also apply to the service's Nominated Supervisor, but the Approved Provider holds primary responsibility for ensuring the service is compliant. An Approved Provider may also choose to be the Nominated Supervisor for a service if they hold a Supervisor Certificate.
The National Law does not preclude a person from being the Nominated Supervisor for more than one service. However, the Nominated Supervisor has a range of responsibilities and obligations under the National Law and National Regulations , some of which could potentially lead to a compliance action if the Nominated Supervisor fails to meet the relevant requirements. These responsibilities and obligations may be difficult to fulfill if the person is performing the role of Nominated Supervisor for numerous services. In addition, this may impact on the service's rating for Quality Area 7 (Leadership and Management) of the National Quality Standard . Refer to the Nominated Supervisory responsibilities page for more information.
The National Law does not outline how regularly a Certified Supervisor can act as the Nominated Supervisor, only that each service requires a Nominated Supervisor and that at least one of the following persons must be present while a service is in operation:
The National Law does not prevent a person from being the Nominated Supervisor for more than one service. However, the Nominated Supervisor has a range of responsibilities and obligations under the National Law and National Regulations , some of which could potentially lead to a compliance action if the Nominated Supervisor fails to meet the relevant requirements. These responsibilities and obligations may be difficult to fulfil if the person is performing the role of Nominated Supervisor for numerous services.
There are no set requirements for qualifications for educational leaders. The only requirement in terms of qualifications is ensuring that the educational leader holds a relevant qualification for an educator, as approved under regulation 137 of the National Regulations . ACECQA has published this list on their website . It is the responsibility of the Approved Provider to ensure that they deem a suitably qualified and experienced educator or individual to lead the development and implementation of educational programs in their service.
It is also important to clarify that an educational leader does not mean 'early childhood teacher'. While an early childhood teacher may be an ideal candidate to perform such a role in a service, there may be other employees with several years experience who are also suitable for this role (e.g. Advanced Diploma graduate).
ACECQA may, in time, determine suitable qualifications for the educational leader as part of its role in publishing approved qualifications.
One educational leader per service is required to lead the development and implementation of educational programs in the service. The National Regulations do not limit the number of services an educational leader can be responsible for, however the quality of the educational program may be compromised if an educational leader is working with multiple services. Compromised quality may be reflected in a service's assessment and rating level.
Providers should consider the National Quality Standard (Quality Area 1 Educational program and practice and Quality Area 7 Leadership and management ) and the National Regulations (Part 4 - Operational requirements) when determining how they will designate educational leader responsibility.
Existing services licensed prior to 1 January 2012 are able to continue to use the short absence and rest pause provisions until 31 December 2019.
For new services from 1 January 2012, a nationally consistent operational policy is being developed that will enable a staff member to have breaks totaling no more than 30 minutes per day for short absences from direct contact with children, for the purpose of toilet breaks, industrial rest pauses and similar. However element 2.3.1 of the National Quality Standard requires that children are adequately supervised at all times. In determining how breaks will be managed consideration needs to be given to the impact on the quality of the program and each of the seven quality areas outlined in the National Quality Standard , particularly Quality Area 1 Educational program and practice.
Regulatory Authorities will take a risk-based approach to enforcement of these regulations. Ratios and qualifications requirements will be calculated across a service, and other arrangements provide flexibility, although as outlined previously consideration needs to be given to the impact on the quality of the program. For example, a Diploma qualified person may backfill the early childhood teacher for short absences and annual leave.
If merging according to section 312 of the National Law , all former licences will be amalgamated to become one service approval. Division 3 of Part 4.4 and Division 2 and 3 of Part 7.5 of the National Regulations outline ratio requirements for centre based services. From 2012, the minimum educator to child ratios will apply across the service as a whole. Therefore, for existing services on the same premises that became one approved service under the National Law on 1 January 2012, the minimum number of educators will need to be calculated across the entire service (i.e. the two buildings). However, authorised officers will be considering how the staffing arrangements in your service meet regulations in relation to:
As of 1 January 2012, there is no maximum capacity for centre-based services. However, the approved number of places will be stated on the service approval. If an Approved Provider wishes to increase the approved number of places for the service, they may apply for an amendment to the Service Approval, with building certifier confirmation of the appropriate physical environment.
The approved number of places will be determined depending on whether a service can meet the physical environment requirements and all other requirements based on the number of places (e.g. minimum educator-to-child ratios).
Note that regulations 107 and 108 of the National Regulations specify the indoor and outdoor space requirements, which are calculated, based on the number of children being provided with education and care. Regulation 107 states that for each child being educated and cared for by the service, the premises must have at least 3.25 square metres of unencumbered indoor space. Regulation 108 requires at least 7 square metres of unencumbered outdoor space per child.
Existing services must also need to continue to meet the requirements of the building legislation that applied when the service's premises was originally certified (i.e. the Queensland Development Code).
Under regulation 4 the National Regulations , a child is over preschool age if they are enrolled or registered at a school (Prep onwards) and they attend, or will attend, the school in the same calendar year.
In Queensland, the educator to child ratio in a service catering for children over preschool age is one educator to 15 children. Therefore, as long as the five year old child in question meets the definition in regulation 4 of the National Regulations , the 1:15 ratio can be applied to them. However, there is nothing preventing a service from having a better/lower ratio for a school aged child. In fact, it will help support a demonstration of quality.
If the educator educating and caring for that child is also educating and caring for a younger child, the ratio applicable to the youngest child would apply.
Educator-to-child ratios are not the only consideration in determining appropriate staffing in a service. Authorised officers will consider how the staffing arrangements in services meet regulations in relation to:
The National Regulations include Queensland specific provisions enabling existing Queensland services to continue to use provisions relating to short absences of 5 minutes, rest pauses and rest period conditions. See regulations 308 to 317 of the National Regulations .
These savings provisions will remain in place until 31 December 2019 for existing services.
National policy is being developed for new services that will address the issue of short breaks that do not exceed 30 minutes per day. For example, morning tea or toilet breaks.
Regulation 310(3) of the National Regulations provides that if the declared approved service educates and cares for fewer than 31 children, then during a rest period one staff member or volunteer may be counted as an educator for every three educators included in the required educator to child ratio. The required educator to child ratios to be met during a rest period are stated in regulation 310(2) of the National Regulations , and relate to the ages of children being educated and cared for.
Regulation 311 requires the following additional staff members or volunteers to be present at the declared approved service premises during a rest period and be able to attend to children immediately (if required)
Regulation 312 of the National Regulations provides that, to meet the educator to child ratio during a rest period, the relevant staff member or volunteer must be at least 17 years of age and hold or be working towards an approved certificate III level education and care qualification.
The National Regulations do not require the educational leader to be employed at the service. The requirement at regulation 118 of the National Regulations requires the service to 'designate in writing' an 'educator, coordinator or other individual'. This means that an educational consultant or a teacher from another service could be designated in that role. While there is no need to advise the Department of the educational leader, this information must be displayed at the service.
When designating an educational leader, an Approved Provider should give consideration to the achievement of all requirements under the National Regulations and the impact on the quality assessment and rating of the service. In particular, Approved Providers should contemplate:
;Also note that authorised officers visiting a service for an assessment, spot check or any other reason may wish to discuss the service program with the educational leader.
For these reasons, it would be good practice for the educational leader to be regularly present and/or accessible at the service.
Services needed to nominate an educational leader for the beginning of operation in 2012 to meet the requirements in the legislation. The Approved Provider will have designated in writing who this person is and store this as part of their records. The name of the educational leader should also be displayed so it is clearly visible from the main entrance.
Educators under the age of 18 can be included in the 1:15 ratio in an OSHC service, however Regulation 120 of the National Regulations requires educators under the age of 18 to be supervised.
The approved provider of a centre-based service must ensure that any educator at the service who is under 18 years of age:
Under Regulation 299(6) of the National Regulations all educators who are under 18 years of age must hold or be actively working towards at least a minimum 1 year qualification from the approved list of qualifications for educators working with children over preschool age for Queensland.
As is currently the case under Queensland legislation, under regulation 298 of the National Regulations the minimum educator to child ratio for children over preschool age will be one educator to 15 children. There are no provisions outlined in the National Law that stipulate that there needs to be at least two educators present at the service.
Children must be supervised at all times with an educator to child ratio applicable to their age group. Regulation 122 of the National Regulations states an educator cannot be included in calculating the educator to child ratio of a centre-based service unless the educator is working directly with children at the service.
Under the National Law, there are no longer maximum group sizes. However, it is important to remember when making decisions about educator to child ratios and groupings to give consideration to the impact of the ratios and the configuration of the service on the ability of the service to meet all other requirements of the National Law and National Regulations (including the National Quality Standard ), such as providing adequate supervision.
The minimum educator to child ratios, as outlined in Division 3 of Part 4.4 and Division 2 and 3 of Part 7.5 of the National Regulations, are calculated across the service - that is, the number of educators required is calculated based on all children in attendance at the service regardless of the room configuration.
While there are differences, the responsibilities of a "qualified director" and nominated supervisor are largely the same. Both roles are fulfilled by individuals that have day to day charge of the operation of an education and care service.
One of the major differences between the Child Care Act 2002 and the Education and Care Services National Law 2010 (National Law) is that the responsibilities of the nominated supervisor of the service, which may generally be the director in centre based services, are formalised in the National Law by applying penalties to the nominated supervisor along with the approved provider (formerly licensee).
Please visit the Nominated Supervisor Responsibilities page for the full list.
An 'educator' as defined in section 5 of the National Law means "an individual who provides education and care for children as part of an education and care service." For example, this includes staff working directly in contact with children.
Under the National Quality Framework, there are no prescribed maximum group sizes. Instead, the National Regulations set out educator to child ratios which apply to children of different age groups. While no maximum group size is prescribed, regulation 156 of the National Regulations includes an express requirement to ensure that grouping arrangements of children promote respectful and positive relationships with peers and adults. The grouping must also have regard to the age and composition of the groups.
Authorised officers, when assessing the quality of a service, will be considering all of the standards and elements of the National Quality Standard and rating services against each of the seven Quality Areas. Services with large groups of children could potentially receive poor ratings on matters relating to interactions between children and staff, noise levels, and children's comfort, and providing an education program that meets the needs of each individual child.
Advanced Diploma holders are well placed to meet a key requirement of the National Quality Framework (NQF). From 1 January 2014, 50% of all educators in long day care and kindergarten services will be required to hold, or be studying towards, a Diploma level qualification or above.
The NQF also stipulates a requirement for services to designate a suitably qualified and experienced educator, co-ordinator or other individual to lead the development and implementation of education programs in the service. Work is currently underway to identify the qualification requirements for this role and there may be scope for the Advanced Diploma qualification to be included.
The National Quality Framework (NQF) will require each service to have a Nominated Supervisor as the person in day-to-day charge of the service. This terminology is a change from the Child Care Act 2002 and a move away from the prescribed role descriptions used in industrial terminology.
The National Regulations for the NQF do not prescribe a qualification requirement for the supervisor role, however, in practice the Nominated Supervisor will carry out a similar role to that of a Director, monitoring the day to day operation of a service and facilitating communication between staff and parents.
As part of their assessment and rating against the National Quality Standard (NQS), services will need to demonstrate that they are providing effective leadership and service management, as outlined by Quality Area 7 in the NQS. The skills and experience of those people placed in leadership positions, including the Nominated Supervisor, will be assessed as part of this quality area and a service rating in this area will be made publicly available. The capabilities required of a Nominated Supervisor, such as the ability to guide service operations and programs, will mean that many services will need to employ a director-level educator/advanced diploma holder in order to meet the NQS.
The Queensland Government recognises the significant skills and contribution of Advanced Diploma holders currently working in early childhood education and care and has established a scholarship program which will provide further career progression for these key educators.
Under the program, eligible Advanced Diploma qualified educators can upgrade to become early childhood teachers and deliver an early childhood education program. On completion of the course participants will be eligible for teacher registration with the Queensland College of Teachers and will meet the teacher requirement under the National Quality Framework from 1 January 2014. Visit the Make a difference. Teach website of more information.
Unlike the current legislation, there is no set timeframe to complete a qualification under the National Quality Framework .
However, educators should note that the National Regulations define what it means to be actively working towards a qualification - that is the educator:
For centre-based services other than school age care, the qualification requirements from 2012 and then 2014 are outlined below.
| Qualifications | Requirements from 1 January 2012 | Requirements from 1 January 2014 |
|---|---|---|
| Diploma qualification | First of every 2 educators (or 50%) required to meet the educator to child ratio must hold, or be studying towards, an approved diploma level education and care qualification or above*. *educators have a grace period of 3 months from their engagement with the service to meet this requirement. | First of every 2 educators (or 50%) required to meet the educator to child ratio must hold, or be studying towards, an approved diploma level education and care qualification or above*. *no grace period. |
| Minimum qualification | All other educators required to meet the educator to child ratio must hold a Certificate III level education and care qualification (or be studying towards)*. *educators have a grace period of 3 months from their engagement with the service to meet this requirement. | All other educators required to meet the educator to child ratio must hold a Certificate III level education and care qualification (or be studying towards)*. *no grace period. |
| Number of children | Requirements from 1 January 2012 | Requirements from 1 January 2014 |
|---|---|---|
| < 25 children | No legislative requirement | The service must have access to an early childhood teacher working with the service for 20% of the time that the service provides education and care. To comply:
|
| > 25 children | No legislative requirement | The early childhood teacher must be in attendance:
|
There are transitional arrangements for early childhood teachers that enable a person who is actively working towards an early childhood qualification and provides evidence of 50% course completion or holds an approved diploma level education and care qualification to be taken to be an early childhood teacher from 1 January 2014 until 1 January 2016. Backfill of up to 12 weeks can be met by a Diploma qualified educator.
A further requirement for a second early childhood teacher or another suitably qualified person in services with more than 60 children is planned for introduction in 2020.
For existing and new Queensland centre-based services the qualification requirements stated in regulation 302 of the National Regulations apply from 1 January 2012 until 31 December 2013 which requires the first of every two educators to hold or be working towards an approved Diploma level education and care qualification or above. After that time, the qualification requirements in regulation 126(1) of the National Regulations will apply to all Queensland services. This is summarised below.
| Qualifications | Requirements from 1 January 2012 (regulation 302) | Requirements from 1 January 2014 (regulation 126) |
|---|---|---|
| Diploma qualification | First of every 2 educators (or 50%) required to meet the educator to child ratio must hold, or be studying towards, an approved diploma level education and care qualification or above*. *educators have a grace period of 3 months from their engagement with the service to meet this requirement. | First of every 2 educators (or 50%) required to meet the educator to child ratio must hold, or be studying towards, an approved diploma level education and care qualification or above*. *no grace period. |
| Minimum qualification | All other educators required to meet the educator to child ratio must hold a Certificate III level education and care qualification (or be studying towards)*. *educators have a grace period of 3 months from their engagement with the service to meet this requirement. | All other educators required to meet the educator to child ratio must hold a Certificate III level education and care qualification (or be studying towards)*. *no grace period. |
The only exception to the above is for services only educating and caring for children over preschool age (e.g. outside school hours care) which must meet a different set of qualification requirements, as provided in Regulation 299 and 305(e) of the National Regulations.
| Number of children | Requirements from 1 January 2012 | Requirements from 1 January 2014 |
|---|---|---|
| < 25 children | No legislative requirement | The service must have access to an early childhood teacher working with the service for 20% of the time that the service provides education and care. To comply:
|
| > 25 children | No legislative requirement | The early childhood teacher must be in attendance:
|
There are transitional arrangements for early childhood teachers in regulation 242 of the National Regulations that enable a person who is actively working towards an early childhood qualification and provides evidence of 50% course completion or holds an approved diploma level education and care qualification to be taken to be an early childhood teacher from 1 January 2014 until 1 January 2016.
A further requirement for a second early childhood teacher or another suitably qualified person, outlined in regulation 133 1(a) and 134 1(b) of the National Regulations , in services with more than 60 children is planned for introduction in 2020 (see regulation 304(3) of the National Regulations ).
Under regulation 302 (5) of the Queensland specific Regulations , staff in all services will have three months to engage in study until 31 December 2013.
Under regulation 10 of the National Regulations , from 1 January 2014 all staff must be actively working towards or have attained at least a Certificate III or above when they commence working with children in order to be calculated in the educator to child ratios. No grace period applies after 1 January 2014.
ACECQA will publish lists of approved qualifications and determine equivalent qualifications. Early childhood teacher requirements do not commence until 2014, with the second teacher requirement commencing in 2020.
ACECQA has published a list of approved First Aid, asthma and anaphylaxis management qualifications . It is understood many training providers embed these competencies in First Aid qualifications, but stand alone modules are also available.
Regulations 245-247 allow for individuals who hold First Aid qualifications that are currently approved in Queensland to be taken to meet the First Aid qualification requirements until the end of 2012 or when that qualification is due for renewal, whichever is sooner.
Regulation 137(2) of the National Regulations states that the National Authority (ACECQA) must publish on its website lists of qualifications it has approved for the purposes of the National Law , including a list of qualifications for working with children over preschool age for each participating jurisdiction.
You can view this list, applicable only to Queensland OSHC services that cater for only school aged children, on the ACECQA website - QLD OSHC qualifications .
Under the National Quality Framework, there are no prescribed maximum group sizes. Instead, the National Regulations set out educator to child ratios which apply to children of different age groups at a service level. While no maximum is prescribed, regulation 156 of the National Regulations includes an express requirement to ensure that grouping arrangements of children promote respectful and positive relationships with peers and adults. The grouping must also have regard to the age and composition of the groups.
It is also important to remember when making decisions about educator to child ratios and groupings to give consideration to the impact on the quality of the program and each of the seven quality areas outlined in the National Quality Standard.
The educator to child ratios are outlined below:
| 2012 - 2015 | Ratio | 2016 - 2017 | Ratio | 1 Jan 2018+ | Ratio |
|---|---|---|---|---|---|
| 0-24 mths | 1:4 | 0-24 mths | 1:4 | 0-24 mths | 1:4 |
| 15-24 mths* | 1:5 | 15-24 mths | 1:5 | ||
| > 24-35 mths | 1:6 | > 24-35 mths | 1:5 | > 24-35 mths | 1:5 |
| > 30-35 mths | 1:8 | ||||
| 36 mths < 7 yrs | 1:12 | 36 mths < school age | 1:11 | 36 mths < school age | 1:11 |
| 4 yrs < 7 yrs | 1:13 | ||||
| 4 yrs < 14 yrs | 1:12 | ||||
| School age** | 1:15 | School age** | 1:15 | School age** | 1:15 |
*Eligible services need to apply to continue using 1:5 ratio from 2012 until 2018.
**Means a child enrolled in schooling (Prep onwards) and attending anytime the same calendar year
Under the National Regulations , the minimum educator to child ratios are calculated across the service that is, the number of educators required is calculated based on all children in attendance at the service regardless of the room configuration.
Refer to Educator-to-child ratios - Implications for Queensland Services for more information.
It is entirely up to the approved provider to use professional judgement to determine how best to configure the service to achieve quality outcomes for each child at the service. The approved provider must ensure that the service has sufficient educators to meet the minimum educator to child ratio requirements for the number and ages of the children being educated and cared for at the service. Under the National Regulations , Division 3 of Part 4.4 and Division 2 and 3 of Part 7.5, the minimum educator to child ratios are calculated across the service - that is, the number of educators required is calculated based on the ages of all children in attendance at the service regardless of the room configuration.
However, it is important to be aware that educator to child ratios are no longer the only consideration in determining appropriate staffing in a service in accordance with section 165 of the National Law and the National Quality Standard . Adequate supervision must be maintained at all times and staffing should be arranged in a way to achieve quality education, relationships, health, safety and wellbeing outcomes for children.
Also note that an educator cannot be included in the educator to child ratio unless the educator is 'working directly with children' at the service, as defined in regulation 13 of the National Regulations. Therefore, if the educator allocated as part of the educator to child ratios is not working directly with children, the service would be in breach of the required minimum educator to child ratios and section 165 of the National Law.
The 1:5 ratio for children aged 24 to 36 months does not commence until 2016. This is outlined in the Part 7 - Transitional arrangements for Queensland, which lists current ratios in place of those in the body of the National Regulations until the end of 2015. The ratio of 1:6 applies in Queensland services for children aged 24-36 months until 31 December 2015, as stated in regulation 301(2) of the National Regulations.
Queensland TM s specific 1:7 mixed aged group ratio no longer exists under the NQF.
From 2012, services catering for children of mixed ages need to ensure the relevant ratio for each child is maintained.
When calculating the ratio for individual educators, the ratio of the youngest child in their care applies, even if another educator is in that room or with a larger group of children and applying a different ratio. If spare capacity exists within the ratio of the youngest child in care, older children (from a different age group ratio) can be added. However, older children can only be added up to the limit of the youngest child TM s applicable ratio.
It is important to remember it is not only the ratios that need to be considered in the configuration of children across the service - the quality outcomes for children, adequate supervision, delivery of the program and the quality of interactions between children and staff are equally important.
For more information, see the Educator to child ratios - Implications for Queensland services page.
The National Regulations (Part 4.6 Collaborative partnerships with families and communities; regulation 157 Access for parents) provide that parents may enter the education and care service premises at any time that the child is being educated and cared for, unless this would pose a risk to the safety of the children or staff, or conflict with duties of the educator, or the parent is prohibited by a court order from having contact with the child.
An educator may need to consider how best to allow a parent access to their child and the program without compromising supervision or safety. If the parent wishes to hold discussions with the educator, they could be advised of the best times to do so.
The Approved Provider at each service must adhere to regulation 82 of the National Regulations which requires that the environment be free from tobacco, alcohol and drugs - this applies to staff and visitors.
When considering the access of parents to the premises and the program, the collaborative partnerships with families requirements under the National Quality Standard should be kept in mind, including:
The principles of the Early Years Learning Framework also place a high value on partnerships with families, including how educators create a welcoming environment for all families and children.
Copies of the National Law , National Regulations and associated guides are available on the ACECQA website. The Australian Government also plans to send a CD version of the legislation to each service. There is no requirement in the legislation for services to hold a printed copy of the legislation.
Under the National Law and National Regulations , the Department has a range of tools to enforce compliance. As is currently the case, the compliance action taken will depend on the severity of the issue. A national working group is currently finalising the Monitoring Compliance Policy to be followed by Regulatory Authorities in each state and territory. This national policy will dictate what processes must be followed as part of the compliance actions undertaken by Regulatory Authority and considerations in the risk-based approach.
The National Law and National Regulations include a range of tools for the Regulatory Authority to use in the case of non-compliance, including penalties, compliance notices, etc.
As is currently the case, the Department will work with service providers to address issues of non-compliance. This will include our current administrative practice of issuing a pre-notice letter wherever appropriate.
As is also currently the case, the Department may take action depending on the service's compliance history and the risk to the health, safety and well-being of children. In addition, the compliance history of a service is taken into account in the assessment and rating process and the Department may review a service's rating at any time. Apart from assessment and rating visits, the Department will undertake spot checks, targeted campaigns and follow-up in relation to complaints or other incidents using a risk-based approach.
7V letters (remedied contravention letters) do not form part of the legislative compliance framework within the Child Care Act 2002. These letters are administrative and provided to enable procedural fairness for affected parties.
Similarly, letters regarding remedied contraventions do not form part of the legislative compliance framework within the Education and Care Services National Law .
The National Authority (ACECQA ) is currently finalising the Compliance Policy to be followed by Regulatory Authorities in each State and Territory. This national operational policy will dictate what processes must be followed as part of the compliance actions undertaken by Regulatory Authority.
The National Law does not distinguish between 'minor' and 'more than minor' non-compliance issues. However, compliance directions may be issued for non-compliance with specific provisions as stated in the National Regulations , while compliance notices may be issued for non-compliance with any provision of the National Law or National Regulations . The actions taken by the Regulatory Authority (ACECQA ) in response to alleged contraventions will be determined following a risk-assessment process.
Authorised officers will be applying a risk-based approach to compliance and undertaking an internal assessment of the degree of risk associated with each instance of non-compliance.
Alleged non-compliance may be addressed by the Department at any time a service's ratings is reviewed. Apart from assessment and rating visits, the Department will also monitor compliance with the National Law and National Regulations through spot checks, targeted campaigns and follow-up in relation to complaints or other incidents using a risk-based approach.
Pre-notice letters and extension letters did not form part of the legislative compliance framework within the Child Care Act 2002. These are administrative letters to assist services to comply with their legislative obligations.
Similarly, pre-notice and extension letters do not form part of the legislative compliance framework within the National Law .
Work is currently being undertaken nationally to finalise the policy in relation to compliance and monitoring to be followed by Regulatory Authorities in each State and Territory. This national policy will guide authorised officers in deciding on the compliance actions to be taken and administrative processes to support services to comply and continually improve.
Under the Child Care Act 2002 (the Act), there were a range of offences that applied if licensees failed to comply with the law. The Act included a range of compliance powers other than offences, to encourage compliance including suspension and cancellations.
Similarly, under the National Law, there are a range of compliance tools including offences.
As per the Department's existing approach, the intention is to continue to work collaboratively with services to achieve compliance with the legislation with a view to positive outcomes for children.
In some cases, compliance action needs to be taken to remedy a situation.
The compliance actions are largely similar to the approaches under the Act. For example, a compliance notice to give time to comply or, in more extreme cases, suspending an approval with appropriate "show cause" and opportunities to seek review of departmental decisions.
In a limited number of cases, where providers fail to comply with the National Law , prosecution may be an appropriate tool to support quality outcomes for children. The Department of Education and Training would consider the outcomes of such an approach prior to taking action to enforce offence penalties.
The previous license renewal fee, which all services pay at some point over a three year period, and the NCAC annual fee, has been replaced with one annual fee under the National Quality Framework. The annual fee will be determined based on service size.
The annual fee takes into account the cost of conducting many activities for which no fee is charged, including the assessment and rating process, spot checks and target visits, training and communications materials provided to services and some basic transactions, such as applications to vary/amend service and provider approvals.
The current license fees are a point in time transaction fee and therefore the period to which they apply (i.e. up to three years) is not related to the fee. For this reason those services who paid their license renewal fee in 2011 will be required to pay the annual fee under the NQF in 2012.
The National Quality Framework aims to balance enhanced quality in early childhood with maintaining affordability for families.
When the national Decision Regulatory Impact Statement was publicly released in December 2009, the estimated cost of implementing national quality reforms in Queensland for long day care services was about $5.99 per child per day by 2020. Around half of this increase is expected to be covered by the Australian Government through the Child Care Benefit and Child Care Rebate. The estimated impact to kindergartens is minimal as current standards already in place in kindergartens will assist in meeting the new national standard. The importance of affordable child care is recognised and the cost impact of the reforms will be monitored.
The Queensland Government wants child care fees to remain affordable for families and will be monitoring the cost impact of the reforms.
Cost impacts of the National Quality Framework fact sheet for more information.
The Department of Education and Training will continue to build on this list of questions throughout the implementation of the National Quality Framework. If your question is not answered here, please contact us at ecec@deta.qld.gov.au.
This page was last reviewed on 29 Mar 2012 at 02:38PM
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© The State of Queensland (Department of Education, Training and Employment) 2010.
