Nominated Supervisor Responsibilities

Education and Care Services National Law Act 2010

Responsibility

Penalty

Section

Title

Supervisor Certificates

115(4)

Conditions on certificate

A certified supervisor must comply with the conditions of the supervisor certificate held by that person.

$4,000

121

Notice of change in circumstances

1. A certified supervisor must notify the Regulatory Authority of -
   1. any change in the circumstances of the supervisor that affects -
      1. a requirement under section 108 or 109, or
      2. the information specified in the supervisor certificate under section 116, or
   2. the suspension or cancellation of a working with children check, working with children card or teacher registration held by the certified supervisor, or
   3. any disciplinary proceedings in relation to the certified supervisor under an education law of a participating jurisdiction.
2. The notice must be given within 7 days after the change occurs.

$4,000

132

Offence to act as a supervisor without a supervisor certificate

A person must not hold himself or herself out as being a certified supervisor unless the person holds a supervisor certificate.

$10,000

Operating an education and care service

165(2)

Offence to inadequately supervise children

The Nominated Supervisor must ensure that all children being educated and cared for by the service are adequately supervised at all times that the children are in the care of that service.

$10,000

166(2)

Offence to use inappropriate discipline

The Nominated Supervisor must ensure that no child being educated and cared for by the service is subjected to -

1. any form of corporal punishment, or
2. any discipline that is unreasonable in the circumstances.

$10,000

167(2)

Offence relating to protection of children from harm and hazards

The Nominated Supervisor must ensure that every reasonable precaution is taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury.

$10,000

168(2)

Offence relating to required programs

The Nominated Supervisor must ensure that a program is delivered to all children being educated and cared for by the service that -

1. is based on an approved learning framework, and
2. is delivered in a manner that accords with the approved learning framework; and
3. is based on the developmental needs, interests and experiences of each child, and
4. is designed to take into account the individual differences of each child.

$4,000

169(3)
(4)

Offence relating to staffing arrangements

The Nominated Supervisor must ensure that, whenever children are being educated and cared for by the service, the relevant number of educators educating and caring for the children is no less than the number prescribed for this purpose and must ensurethat each educator educating and caring for children for the service meets the qualification requirements relevant to the educator's role as prescribed by the national regulations.
Subsections (3) and (4) do not apply in respect of an education and care service -

1. to the extent that it holds a temporary waiver under Division 6 of Part 3 in respect of this requirement, or
2. to the extent that it holds a service waiver under Division 5 of Part 3 in respect of this requirement.

$10,000

170(3)

Offence relating to unauthorised persons on education and care service premises

The Nominated Supervisor must ensure that an unauthorised person does not remain at the education and care service premises while children are being educated and cared for at the premises unless the person is under the direct supervision of an educator or other staff member of the service.

$1,000

171

Offence relating to direction to exclude inappropriate persons from education and care service premises

1. The Regulatory Authority may direct an approved provider, a nominated supervisor or a family day care educator to exclude a person whom the Authority is satisfied is an inappropriate person from the education and care service premises while children are being educated and cared for at the premises for such time as the Authority considers appropriate.
2. A person to whom a direction is given under subsection (1) must comply with the direction.

$10,000 in the case of an individual

$50,000, in any other case

Education and Care Services National Law Regulations 2011

Responsibility

Penalty

Section

Title

Children's health and safety

77(2)

Health, hygiene and safe food practices

The nominated supervisor of an education and care service must implement, and ensure that all staff members of, and volunteers at, the service implement -

1. adequate health and hygiene practices, and
2. safe practices for handling, preparing and storing food-to minimise risks to children being educated and cared for by the service.

$2,000

78(2)

Food and beverages

The nominated supervisor of an education and care service must ensure that children being educated and cared for by the service -

1. have access to safe drinking water at all times, and
2. are offered food and beverages on a regular basis throughout the day

$2,000

79(2)

Service providing food and beverages

The nominated supervisor of an education and care service that provides food or a beverage to children being educated and cared for by the service must ensure that -

1. (a) the food or beverage provided is nutritious and adequate in quantity, and
2. (b) the food or beverage provided is chosen having regard to the dietary requirements of individual children taking into account -
   1. each child's growth and development needs, and
   2. any specific cultural, religious or health requirements.

$2,000

80(2)

Weekly menu- an education and care service that provides food and beverages (other than water) to children being educated and cared for by the service

The nominated supervisor of an education and care service that provides food and beverages (other than water) to children being educated and cared for by the service must ensure that a weekly menu -

1. is displayed at a place at the education and care service premises accessible to parents of children being educated and cared for by the service, and
2. accurately describes the food and beverages to be provided by the service each day.

$1,000

81(2)

Sleep and rest

The nominated supervisor of an education and care service must take reasonable steps to ensure that the needs for sleep and rest of children being educated and cared for by the service are met, having regard to the ages, development stages and individual needs of the children.

$1,000

83(2)

Staff members and family day care educators not to
be affected by alcohol or drugs

The nominated supervisor of an education and care service must not, while educating and caring for children for the service -

1. consume alcohol, or
2. be affected by alcohol or drugs (including prescription medication) so as to impair his or her capacity to supervise or provide education and care to the children.

$2,000

93(3)

Administration of medication

The nominated supervisor of an education and care service must ensure that medication is not administered to a child being educated and cared for by the service unless -

1. that administration is authorised, and
2. the medication is administered in accordance with regulation 95 or 96.

$2,000

94(2)

Exception to authorisation requirement - anaphylaxis or asthma emergency

If medication is administered under this regulation, the approved provider or nominated supervisor of the education and care service must ensure that the following are notified as soon as practicable -

1. a parent of the child
2. emergency services.

N/A

Collection of children from premises and excursions

99(2)

Children leaving the education and care service premises

The nominated supervisor of an education and care service must ensure that a child who is being educated and cared for by the education and care service does not leave the education and care service premises except in accordance with subregulation (4).

$2,000

100(2)

Risk assessment must be conducted before excursion

The nominated supervisor of an education and care service must ensure a risk assessment is carried out in accordance with regulation 101 before an authorisation is sought under regulation 102 for an excursion.

$2,000

102(2)

Authorisation for excursions

The nominated supervisor of an education and care service must ensure that a child being educated and cared for by the service is not taken outside the education and care service premises on an excursion unless written authorisation has been provided under subregulation (4).

$1,000

Collaborative partnerships with families and communities

157(2) (4)

Access for parents

The nominated supervisor of an education and care service must ensure that a parent of a child being educated and cared for by the service may enter the education and care service premises at any time that the child is being educated and cared for by the service.
Despite the above, the approved provider, nominated supervisor or family day care educator is not required to allow a parent to enter the education and care service premises if -

1. permitting the parent's entry would -
   1. pose a risk to the safety of the children and staff of the education and care service, or
   2. conflict with any duty of the provider, supervisor or educator under the Law, or
2. the provider, supervisor or family day care educator is aware that the parent is prohibited by a court order from having contact with the child.

$1000