NQS

National Regulations

Purpose

Our Service has a legal and ethical responsibility to provide a safe and friendly environment where all children are respected, valued and encouraged to reach their full potential. Children’s safety and wellbeing is paramount, and we aim to take all practical steps to protect children and young people from harm or risk of harm, ensuring a healthy and child safe environment. Our Service provides children and staff with an environment free from the use of tobacco, vaping, alcohol and illicit drugs. The Child Safe Standards recommended by the Royal Commission provide guidance for our Service to ensure our policies and procedures, strategies and attitudes, ensure children’s safety is paramount and that we continue to improve our child safe culture and practices. Working closely with the Child Safe Standards, we believe, ‘Child safety is everyone’s responsibility.’ (A guide to the Child Safe Standards. p.26. 2020).

Scope

Under the Education and Care Services National Regulations the approved provider must ensure that policies and procedures are in place for providing a child safe environment and take reasonable steps to ensure those policies and procedures are followed. (Reg. 168, Reg.170). The National Law requires management to ensure all children being educated and cared for are adequately supervised and every reasonable precaution is taken to protect children from harm and any hazard likely to cause injury. Our focus is to build a child safe environment which is reflected in our Service policies and procedures and understood and practiced by all children, young people, educators, staff, families, visitors, volunteers and students.

Strategies

• Our Service has adopted the National Model Code and Guidelines and implement child safe practices regarding the use of electronic devices for taking images or video of children whilst providing education and care.

• Provide adequate and effective supervision of children at all times

• Ensure the safe use of online environments

• Take reasonable action to protect children and young people for risk of harm

• Ensure the Service premise is free from the use of tobacco, illicit drugs and alcohol

• Be responsible for their own, and others health and safety

• Educators provides opportunities for conversations with children and young people about their rights and encourages children and young people speak up if they are feeling unsafe or worried.

• Provide multiple channels for children and young people to lodge complaints, tailoring these options to their communication preferences based on their feedback.

• Work individually with children and young people about the type of support they may require participating in the complaints procedure.

• Be a positive role model to children and young people

• Respect children and young people’s privacy and dignity at all times

• Listen and respond appropriately to the views and concerns of children and young people

• Report any allegations of child abuse to the approved provider or to relevant authorities

• Educators, staff, volunteers and students will adhere to our Service’s Code of Conduct Policy. Our Code of Conduct Policy clearly outlines expectations regarding behaviour and describes the principles, values, and ethical guidelines that guide our staff and stakeholders in their interactions and activities.

• All educators and staff members are made fully aware that following breaches of the Code of Conduct and role responsibilities may result in disciplinary action which may lead to termination of employment. Individuals can report any concerns they may have about inappropriate actions of any educator, staff, student or volunteer that involves children or young people to management, ensuring a prompt and thorough response to maintain a safe and secure environment for all. 

• Welcome all children and young people regardless of their abilities, sex, gender or social economic or cultural background.

Responsibilities for Approved Provider:

• Promote a culture of child safety and wellbeing in all aspects of our Service’s operations

• Notify the approved provider and/or the regulatory authority within 24 hours of any serious incidences (including allegations of physical or sexual abuse), complaints as per the National Regulations

• Adhere to our Child Safe Environment Policy and Child Protection Policy at all times

• Ensure all staff, educators, volunteers and students have undertaken current child protection legislation training

• Ensure that copies of the emergency and evacuation floor plan is displayed in prominent positions near each exit of the service premises, including indoor and outdoor learning areas. All staff and educators are familiar with emergency evacuation procedures and regulatory requirements. Drills for emergency and evacuation procedures, including lock downs, are conducted at least once every 3 months. Records will be kept for all drills.

• Management is responsible for the periodic review and maintenance of up-to-date records of employees’ Working with Children Check, including the Working with Children Check number and the date on which each clearance expires.

• The approved provider will place a prominently displayed notice in the foyer area of our Service, providing contact information, including the name and telephone number for lodging complaints

• Our Service ensures backups of important and confidential data is made regularly and either stored securely offline, or online. Software and devices are updated regularly to avoid any breach of confidential information

• Management ensures anti-virus and internet security systems are installed to block access to unsuitable web sites, newsgroups and chat rooms.

• Our Service will endeavour to provide a safe environment where necessary chemical and hazardous equipment are safely stored away from children and handled appropriately.

Responsibilities Nominated Supervisor will:

• Identifying and providing appropriate resources and training to assist staff, contractors, visitors, volunteers and students to implement this policy. (CSS 7)

• Keeping up to date and complying with any relevant changes in legislation and practices in relation to this policy. (CSS 9)

• Co-operating with other services and/or professionals in the best interests of children and their families.

• Ensuring that families are made aware of support services available to them and of the assistance these services can provide. (CSS 3)

• Ensuring that all staff who work with children are supported to implement this policy in the service. (CSS 9)

• Protecting the rights of children and families and encouraging their participation in decision-making at the service. (CSS 2) (CSS 3)

• Ensure all staff and educators are provided with a comprehensive induction process which outlines our Code of Conduct, identifying and responding to child abuse, grievance processes, and work health and safety. New employees (including the nominated supervisor and staff members), students and volunteers are to familiarise themselves with the Child Protection Policy to understand the Child Protection Law and their obligations and mandatory reporting duties to ensure the safety and well-being of children at the service.

Responsibilities of the Educators

• Develop trusting and secure relationships with all children at the service. (CSS 2)

• Act in accordance with the obligations outlined in this policy.

• Raise concerns when barriers or threats to the protection of children and young people’s safety and wellbeing are identified, including through the conduct of other adults at the site/service.

• Keeping up to date and complying with any relevant changes in legislation and practices in relation to this policy. (CSS 10)

• Follow all record keeping requirements (National Regulation 173, 177).

• Undertaking appropriate training and education on child protection. (CSS 7)

• Identifying any potential for risk and harm to a child at the service and developing and implementing effective prevention strategies in consultation with the approved provider and the nominated supervisor.

• Co-operating with other services and professionals in the best interests of children and families.

• Ensuring that no child is left alone (or is out of sight) with a contractor, visitor, volunteer, student or parent/guardian at the service. (CSS 8)

• Implementing the procedures for reporting suspected child abuse.

• Notifying the Nominated Supervisor or the approved provider immediately on becoming aware of any concerns, complaints or allegations regarding the health, safety and welfare of a child at the service.

• Make reports of current concerns for any child at risk of significant harm to the Child Protection Helpline for Mandatory Reporters

• Offer support to the child and their family, and to other and staff in response to concerns or reports relating to the health, safety and wellbeing of a child at the service.

• Maintaining confidentiality at all times (National Regulation 181).

• Adhering to all service policies and procedures.

• All staff and educators are familiar with emergency evacuation procedures and regulatory requirements.

• Work in collaboration with our Arrival and Departure Policy and Participation of Students and Visitors Policy to ensure children feel safe and secure.

• To ensure children’s safety, Educators have a clear understanding of their legal obligation to check identification when a person is picking up a child

• Sleeping infants and toddlers will be closely monitored at regular intervals and will always be within sight and hearing distance of educators so a child’s breathing and the colour of their skin can be monitored.

• Consideration will be provided when older children are using the toilet and bathroom areas, including monitoring and supervision across all areas that children access.

• Educators have a sound understanding of their duty of care and responsibilities in ensuring a child safe environment. Through conducting risk assessments, educators assess and manage risks in the physical environment collaborating with children to develop behaviour guidelines for play including adventurous play to ensure their safety.

• Educators will complete the following daily checklists to assist and record inspections of the physical environment where foreseeable risks may be evident and cause harm or injury to a child. This is to maintain a child safe environment: “Service Hazard Identification Check”. Any findings that require attention will be either dealt with immediately or submitted into the maintenance book depending on priority.

• It is the responsibility of all staff and educators at the Service to complete a risk assessment where children’s safety may be jeopardised and when organising an excursion/incursion or any transportation of children

• Personal mobile phones or any personal electronic device are not used to take photos or video of children at the Service. Only Service issued electronic devices are used and strict controls are in place to ensure the appropriate storage and retention of images and video of children as per the National Model Code and Guidelines.

Responsibilities for the Families

• Reading and complying with this policy.

• Reporting any concerns, including in relation to potential for child abuse, to the Nominated Supervisor.

• Written authorisation is requested as part of the enrolment process for children to use computers/tablets; have their photo taken and published as part of promotional marketing or on the app program used by the Service. The identity of a child is not published on any platform.

Child Protection (Extended) 

Definitions:

‘At risk of significant harm’ - in relation to a child or young person means that there are current concerns for their safety, welfare or wellbeing because of the presence to a significant extent of any one or more of the following circumstances¹.

• The child or young person’s basic physical or psychological needs are not being met or are at risk of not being met.

• The parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive medical care.

• In the case of a child or young person who is required to attend school in accordance with the Education Act 1990 — the parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive an education in accordance with that Act.

• The child or young person has been, or is at risk of being, physically or sexually abused or ill-treated

• The child or young person is living in a household where there have been incidents of domestic violence and, as a consequence, the child or young person is at risk of serious physical or psychological harm.

• A parent or other caregiver has behaved in such a way towards the child or young person that the child or young person has suffered or is at risk of suffering serious psychological harm.

‘Reasonable grounds’:  - means that you suspect a child may be at risk of significant harm based on:

• Your observations of the child, young person or family.

• What the child, young person, parent or another person has told you. It does not mean that you are required to confirm your suspicions or have clear proof before making a report.

Disclosure of Abuse:

Responsibilities for the educators and staff:

• React calmly to the child making the disclosure;

• Listen attentively and later write down the child’s exact words;

  • Provide comfort and care to the child.

  • Follow the steps for reporting as per the Mandatory Reporter Guide.

• Reassure the child or young person that: It is not their fault;

  • It was right to tell.

  • It is not OK for adults to harm children - no matter what.

  • Explain what will happen now - that it is part of your job to tell people who can help the child or young person.

• Educators and staff will not prompt the child for further details or ask leading questions which would make the child feel uncomfortable or has the potential to jeopardise any future legal proceedings that may arise as a result of any investigation.

Mandatory Reporting:

Responsibilities for the Approved Provider/Nominated Supervisor

• Provide all staff and educators working directly with children with access to the Child Protection Policy and the Mandatory Reporter Guide to assist them in their reporting. (CSS 1)

• Support staff through the process of documenting and reporting current concerns of children at risk of significant harm.

• Provide all staff and educators with clear guidelines around documentation.

• Display the Child Protection Helpline number for Mandatory Reporters (132 111) on all phone and lists of emergency contact number in the interests of timely reporting.

• Follow the Child Safe Standards recommended by the Royal Commission, to provide a framework for making our organisation safer for children. Share the Child Safe Standards with Educators regularly, and as part of the service induction process.

 Responsibilities for the educators and staff

• In an emergency, where there are urgent concerns for a child’s health or life, it is important to contact the police, using the emergency line ‘000’.

• Make a record of the indicators observed that have led to the belief that there is a current risk of significant harm to a child or young person. Information on indicators of risk of significant harm are outlined in the NSW Mandatory Reporter Guide which is accessible at https://reporter.childstory.nsw.gov.au/s/mrg.

• Discuss any concerns with the Nominated Supervisor of the service. Advise the Nominated Supervisor of their intention to make a report to the Child Protection Helpline (132 111).

• Use the Mandatory Reporter Guide, answer the questions relating to concerns about a child or young person. At the end of the process, a decision report will guide them as to what action to take. The Nominated Supervisor is available if staff require assistance to use this online tool.

• Advise the Nominated Supervisor when a report has been made to the Child Protection Helpline.

• If the Mandatory Reporter Guide determines that there are grounds to suspect a risk of significant harm to a child or young person, phone the Child Protection Helpline on 132 111.

• Mandatory reporters should note that the legislation requires that they continue to respond to the needs of the child or young person (within the terms of their work role) even after a report to the Child Protection Helpline has been made.

• If the Mandatory Reporter Guide determines that an educator or staff member’s concerns do not meet the risk of significant harm threshold they do not need to make a report to the Family and Child Protection Helpline.

Responsibilities for the Approved Provider/Nominated Supervisor

• Develop and maintain a system of appropriate record keeping for all allegations to ensure detailed documentation is made and stored as required. Our service confidentially stores concerns and documentation on children through using Hubhello.

• To maintain compliance, parents and educators will complete the Hubworks (service administrative system) enrolment form if they authorise a person who is not on their emergency contact form to pick up their child. (CSS 10)

• Take all allegations of abuse seriously and clarify what is being alleged with the person who is making the allegation.

• Assess whether or not a child or young person is ‘at risk of significant harm’ and, if so, make a report to the Child Protection Helpline.

• Determine whether or not the allegation is a reportable allegation, a reportable conviction, or reportable conduct, or a vexatious complaint. For determination, reference will be made to: www.ombo.nsw.gov.au/publication/PDF/guidelines/Child%20Protection%20in%20the%20workplace.pdf.

• When becoming aware of a reportable allegation or a reportable conviction, the Nominated Supervisor must notify the Office of the Children's Guardian within seven business days and conduct an investigation into the allegations. If the final entity report is not ready to submit within 30 calendar days, the Nominated supervisor must provide an interim report with information about the progress of the investigation and an expected timeframe for completion. This is required under the Children's Guardian Act 2019

• If a report is made to the police, complete a SI01Written Notice of Serious Incident Form and submit to Department of Education and Communities within 24 hours of the incident.

• If a report has not been made to the police, complete a NL01 Written Notice of Complaints and Incidents (other than serious incidents) Form and submit to the Department of Education and Communities.

• Ensure confidentiality is maintained at all times.

• Undertake a risk management approach following an allegation to ensure the protection and safety of children, staff and visitors to the service. Based on this risk assessment, decisions will be made in order to manage the risks that have been identified.

• Develop an investigation plan of the matter. Obtain relevant information from a range of sources. This may include a statement from the person who made the allegation; statements from witnesses and a statement from the person against whom the allegation has been made and any other relevant documentation; If the allegation is being investigated by the NSW Department of Communities and Justice or the Police, the service will be guided by their advice as to whether they should independently investigate the allegation.

• If the investigation is carried out by the service, the information that has been gathered will be assessed and a finding made as to whether the allegation is false, vexatious, misconceived, not reportable conduct, not sustained or sustained. The reasons for the finding will be clearly recorded to ensure that the decision-making has been transparent.

• The educator, volunteer or student will be advised of the outcome of the investigation in writing. Advice will be provided about the investigation finding and any follow up action that may be required. Advice will also be provided about any rights of appeal and the person will be advised that the Office of the Children’s Guardian also notified of the relevant employment proceeding (if relevant).

• Family and Community Services will also be informed of the outcome of the investigation.

The Approved Provider/Nominated Supervisor will

• Treat the staff member/educator/volunteer/student with fairness at all times and uphold their employee rights at all times.

• Depending on the nature of the allegation, arrange to inform the person immediately (though be guided by the advice of Department of Communities and Justice or the police).

• Arrange for the person against whom an allegation has been made, to have a support person attend the meeting. This support person must not participate in the meeting.

• Make accurate documentation of all conversations, and ensure all records are kept confidentially.

• Offer counselling or support to the person subject to the allegation.

• Depending on the nature of the allegation made, the person subject to the allegation may be suspended pending further investigation.

• After all investigations are completed, provide the educator/carer/volunteer with verbal and written notice of the outcome of the investigation.

• The decision-making process throughout the investigation will be based on the safety and wellbeing of the child/ren and the staff/carers/carer's household members.

• Consideration will be taken in relation to actual or potential 'conflicts of interest' that may be held by the investigator.

• All reportable allegations will be notified to the Office of the Children’s Guardian. The person, against whom the allegation has been made, will be notified of this and will also be notified of the investigation find and follow up action, including the Written Notice to the Office of the Children’s Guardian if relevant.

• The person, against whom the allegation has been made, will be notified of any appeal mechanisms if they are not satisfied with the investigation process or the outcome of the investigation.

• The Approved Provider, Nominated Supervisor, or other nominated person who conducts the investigation, will ensure that they act without bias, without delay and without conflict of interest.

Definitions, Terms & Abbreviations

Related Statutory Obligations & Considerations

• Australian Children’s Education and Care Quality Authority (ACECQA)

• Children (Education and Care Services) National Law (NSW) No 104a

• Childwise

• Child Story Reporter

• Children and Young Persons (Care and Protection) Act

• Child Protection (Working with Children) Regulation

• Commission for Children and Young People Act

• Department of Education

• Early Years Learning Framework (EYLF)

• Education and Care Services National Regulations 2011

• FACS

• Kidsafe

• Keep Them Safe

• Mandatory Reporters Guide

• NSW Health

• National Quality Framework (NQF)

• NSW Interagency Guidelines

• Office of the Children’s Guardian

Related Telephone Numbers

• Child Protection Helpline (24 hours) - 132 111

• Early Childhood Education and Care Directorate - 1800 619 113

• Family Court of Australia - 1300 352 000

• Kidsafe – (02) 9845 0890

• National Child Abuse Helpline (9-5pm) - 1800 991 099

• NSW Police Force - 000

• NSW Ombudsman – (02) 9286 1000

• Office of the Children’s Guardian – (02) 9286 7219

Amendment History

This policy will be updated to ensure compliance with all relevant legal requirements every year. Appropriate consultation of all stakeholders (including staff and families) will be conducted on a timely basis. In accordance with Regulation 172 of the Education and Care Services National Regulation, families of children enrolled will be notified at least 14 days and their input considered prior to any amendment of policies and procedures that have any impact on their children or family.

Date:

21.02.2025

Version:

6

Last amended by:

Rosario Perez-Christie

Next Review:

21.02.2026

Position:

Nominated Supervisor

This policy has been approved by the Office of the Children’s Guardian December 2017