The Education and Care Services National Law (National Law) requires that approved providers must have a responsible person present at all times an education and care service is educating and caring for children. In the case of a family day care service, the responsible person must be available to provide support to the family day care educators.
A responsible person is defined in the National Law as:
The below diagram illustrates the responsible persons within the service approval structure.
**Please note - the approved provider may also obtain a supervisor certificate and be the nominated supervisor for the service. See section 49 of the National Regulations which outlines the 'prescribed class' of persons for grant of supervisor certificates in schools without an application. See the supervisor certificate process and forms page for more information.
All applications for service approval must nominate a person to be the nominated supervisor for the service. This requirement applies to both new and existing education and care services.
A nominated supervisor is a person who has consented to be the primary supervisor of the day to day operation of an early childhood education and care service. The nominated supervisor will have primary management and control of a service in the absence of the approved provider.
Only individuals who hold a supervisor certificate are eligible to be the nominated supervisor of a service.
If a service employs two or more educators who hold supervisor certificates, any of them could consent to be:
As the nominated supervisor is the key responsible person for a service (in addition to the approved provider) the nominated supervisor has various responsibilities under the National Law.
For instance, together with the approved provider the nominated supervisor must ensure that the children are adequately supervised and that they are not subjected to any form of corporal punishment or unreasonable discipline.
The nominated supervisor must also ensure that every reasonable precaution is taken to protect the children from harm and hazards likely to cause injury. Additionally, the nominated supervisor is responsible for ensuring that the program delivered to the children is based on an approved learning framework, as well as ensuring that the relevant educator to child ratios are being met within the service.
A certified supervisor who is placed in day to day charge of a service when the approved provider and nominated supervisor are absent would be expected to ensure that the service continues to operate in accordance with the National Law and the policies and procedures of the service. This would include the matters for which the nominated supervisor is responsible. However, the overall responsibility for such matters remains with the approved provider and the nominated supervisor.
The purpose of a supervisor certificate is to identify those persons who can be put in day to day charge of an approved education and care service.
A supervisor certificate is ongoing and moves with a person. It is not related to a service. A supervisor certificate is not a qualification.
A supervisor certificate is subject to conditions imposed by the National Law, and may be subject to conditions imposed by the department.
Certain persons working in Queensland early childhood education and care services will automatically transition into the National Quality Framework (NQF) as declared certified supervisors and be issued with a supervisor certificate by mid 2012 (see declared certified supervisors and declared nominated supervisor information below).
The National Regulations set out minimum requirements for qualifications, experience and management capability needed to gain a supervisor certificate.
The applicant must:
A service may have many certified supervisors and a person (e.g. a relief educator) may apply for a supervisor certificate.
Applicants seeking to work only in services primarily educating and caring for children over pre-school age may be eligible to be approved without meeting the above qualification or experience requirements, with a condition placed on their certificate limiting their supervision to such services.
In determining fitness and propriety in the context of an application for a supervisor certificate, the department will take into account the applicant's:
Registered teachers with a positive exemption notice and persons who hold a current working with children check (Blue Card) are taken to satisfy the fit and proper test in an application for a supervisor certificate.
The National Regulations allow for certain classes of persons to be granted a supervisor certificate without an application. These classes are:
This provision recognises that some classes of persons have previously undergone similar screening processes to ensure fitness and propriety. Certificates issued under this provision relate only to the position held, and are not portable for supervision in other early childhood education and care services.
In terms of transitional arrangements, in Queensland the following groups of people are declared certified supervisors and nominated supervisors:
A person who as at 31 December 2011 was both:
The transitional provisions recognise the roles and experience of people in these positions and by declaring these people it will assist in streamlining the issuing of certificates under the new legislation.
Note that in some services 'early childhood teachers' may be working as Group Leader or Director for the purpose of the Act, and will be transitioned.
The department will issue a certificate to each declared certified supervisor by 30 June 2012.
The department contacted all eligible licensees in December 2011 seeking information to commence the process for issuing certificates and confirming declared certified nominated supervisors employed at each service.
The certificate issued by the Department by 30 June 2012 will include:
In the future, this information will be contained on a national register maintained by Australian Children's Education and Care Quality Authority (ACECQA) which individuals may request to view - for example a service provider employing a new staff member or nominated supervisor.
There is a one-off $30 application fee for new applicants for a supervisor certificate.
Those persons automatically granted a supervisor certificate (declared or prescribed class of persons) will not need to pay the application fee.
The ACECQA, will keep and publish on its website a register of certified supervisors. The department will provide the following certified supervisor information to ACECQA for the register:
This register may be inspected at ACECQA's office, or a person may obtain a copy or extract from the register for a fee.
An applicant will be made aware that subject to the approval process, their name will appear on the public register. The register will not contain the personal address details to protect the person's privacy.
The register will be a key tool for an employer or approved provider to confirm a certified supervisor's status, with each certificate given a unique identification number.
This page was last reviewed on 14 May 2012 at 01:07PM
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© The State of Queensland (Department of Education, Training and Employment) 2011.
