NQS

National Regulations

Purpose

Baulkham Hills Early Learning Centre purpose is to implement this code as a basis for evaluating professional conduct, and as a reference tool for the thought processes that inform pedagogy, including actions and reactions towards professional conduct, relationships, views, influence and position with communities and society. Ethical conduct guides the behaviours and decisions within the service and underpinned by the respect for, and the valuing of children, families, educators, staff, and the extended service community.

Our Service is committed to adhere to the ECA Code of Ethics (2016) which is based on the principles of the United Nations Convention on the Rights of the Child (1991) and provides a framework for the reflection about the ethical responsibilities of early childhood professionals.

Our Service is committed to creating and maintaining an environment that promotes the safety of all children and embeds the National Principles for Child Safe Organisations, including the Child Safe Standards. All staff and volunteers are responsible for promoting a culture of safety and well-being to minimise the risk of child abuse or harm while promoting children’s sense of security and belonging.

All permanent and relief Educators and all other Staff Members agree to abide by this code of conduct. Whilst the Approved Provider/ Nominated Supervisor are ultimately responsible for ensuring the Code of Conduct is adhered to, all Educators and other Staff Members will assist in maintaining the code.

Responsibilities for the Approved Provider

The Approved Provider of an education and care service must -

• Ensure the service operates in accordance with the Children (Education and Care Services) National Law (NSW) and Education and Care Services National Regulations at all times.

• Ensure all educators and staff are made aware of their obligations through the induction process, staff handbooks, employment contracts, personal discussions, staff meeting activities and opportunities to critically reflect upon ethical practice.

• Ensure the Nominated Supervisor upholds the policy at all times and enforces the Code of Conduct throughout the service.

• Ensure that the environment provided meets the safety and wellbeing of all children, families and Educators.         

• If a family or staff member acts out of conduct, please refer to the Grievance and Complaints Policy.

Responsibilities of the Nominated Supervisor

The Nominated Supervisor of an education and care service must –

• Ensure the service operates in accordance with the Education and Care Services National Law and Education and Care Services National Regulations at all times.

• Ensure all educators and staff are made aware of their obligations to conduct themselves in an ethical and professional manner through personal discussions, staff meeting activities and opportunities to critically reflect upon ethical practice.

• Ensure decision-making processes are clear and transparent.

• Ensure there is a copy of the ECA Code of Ethics displayed in a prominent place within the service for educators/staff and families to access.

• Ensure that there are times when all educators can participate in staff meetings to discuss and reflect on the practices within the service in relation to continuous improvement.

• The health, welfare, and progress of the child are promoted.

• The child is provided with a range of activities designed to promote social, emotional, cognitive, cultural and physical development.

• The child is (where appropriate) provided with regular and varied meals and refreshments, having regard to the child’s age.

• The child is provided with educational and recreational activities (both on an individual and a group basis) that are suitable and adequate for the needs and interests of the child.

• Children are not to be inappropriately disciplined at any time.

• Ensure that our service has developed a Statement of Commitment to Child Safety and Wellbeing to demonstrate a strong culture of child safety within the Service – this is within our service policy.

• Promote open and effective communication with all staff regarding Right to Disconnect provisions under Fair Work Act- including out of hours emergency contact and expectations of staff.

• Keep employees informed about essential information and any relevant changes and make all documents readily accessible to them

• Ensure copies of the ECA Code of Ethics and National Child Safe Principles are available to staff and families

Responsibilities of all Employees:

The Educators of an education and care service must –

• Educators have a responsibility to comply with Legislation, Council Policies, Guiding Principles and Procedures, the National Quality Framework and the Code of Conduct to perform their duties effectively.

• Ensure they have read and understood the ECA Code of Ethics and service philosophy.

• Maintain their knowledge of the broad legislation and conventions that apply to their role with children, families and their team.

• Educators are expected to always behave in ways that promote the safety, welfare and wellbeing of children.

• Educators will use positive child behavioural management techniques that support children and encourage positive change.

• Educators will ensure their Working with Children Check (WWCC) is valid and current.

• Educators need to be aware of and comply with, relevant Child Protection Legislation and related service policies and procedures.

• Educators will respect the uniqueness of each family and strive to learn about their culture, structure, lifestyle, customs, languages and beliefs.

• Demonstrate an ongoing engagement with the principles outlined in The Early Years Learning Framework and the ethical requirements in the National Quality Standards.

• Use staff meetings to critically reflect on practices in relation to continuous improvement.

• Educators are to wear required uniform and behave in a manner which demonstrates professionalism and show respect for others including colleagues and families.

• Educators will continue to strive for improvement of their service, including additional training and upgrading of skills.

• Report any instances of suspected corrupt conduct, mismanagement of government funds or other serious allegations to the Department of Education.

• Educators to have a solid understanding of the Service’s policies and procedures, Child Safe Standards and the ECA Code of Ethics. If uncertain about the content of any policy or procedure with which they must comply, employees should seek clarification from the nominated supervisor or approved provider.

Responsibilities of the Family/Guardian

The Family/Guardians of an education and care service must –

• Respect confidentiality at all times.

• Give feedback in relation to educator’s professional conduct to the Approved Provider as necessary.

• Act in an ethical manner whenever they are involved in the programs provided by the services.

• Communicate to the Responsible Person or staff any individual request regarding staff/educators’ conduct.

• Families must have a professional attitude and display appropriate behaviour at all times. Staff must be treated with respect regardless of the situation.

• Parents, families & guardians are to raise all grievances in a mature and polite manner with the Centre Director. Grievances can be reported via telephone, in person or in writing (written or emailed).

• Parents, families & guardians will not approach educators, children or members of their family in an aggressive, abusive or violent manner.

• Where matters cannot be resolved through the staff at the service the Nominated Supervisor should escalate the matter to the Approved Provider. Families are encouraged to communicate any issues they have to the management of the service in a professional manner.

• Families are not to offer bribes or offer any gratuity to the service staff for any reason.

• Using inappropriate behaviour could put your child’s position at the service at risk of being cancelled.

• Respect the service’s “no babysitting” arrangement with families and avoid asking Educators for private babysitting for their children.

Responsibilities of the Children

• Where age appropriate, children must accept responsibility for their own behaviour.

• Children are encouraged to be respectful and polite to everyone, this including other children, educators, parents, visitors, volunteers and members of the public.

• Children will be treated as individuals with respect and courtesy.

• Children will display age/ability appropriate behaviour at all times. Behaviours that are offensive or threatening to others will be addressed with management.

• Children will treat all equipment with care.

• Children will be educated and cared for according to the National Quality Framework.

• Children will be protected from physical danger, intimidation and discrimination.

• Unacceptable behaviour could result in position at the service being jeopardised.

Child-safe practices for the use of electronic devices

 We are mindful that educators have a duty of care to ensure children are protected from potential risk of harm. It is imperative that all employees of the Service provide children with their full attention, ensuring supervision is maintained and remains on the children at all times.

All Educators and employees are aware:

• only service-issued/approved devices are to be used when taking images or video of children

• Images or videos of children are only to be shared directly with the parent via text message, or through servive app: Kinderloop.

• strict protocols are implemented for appropriate storage and retention of images and videos of children

• employees are not authorised to use the Service’s phones for personal reasons unless in the case of an emergency or with permission from management

• employees are not to contact families or children of the Service for personal reasons

• if, for personal reasons an employee needs to remain contactable from someone outside the Service they should ensure that the situation is explained to management and that the service’s primary contact details are passed on to the persons/family outside the Service

• children are at no time to be given access to staff mobile phones

• if, for personal reasons an employee needs to remain contactable from someone outside the Service they should ensure that the situation is explained to management and that the service’s primary contact details are passed on to the persons/family outside the Service.

• personal mobile phones and Smart watches may be used during shift breaks when employees are free from work and supervision duties. They are not to be used in general sight of children, unless a situation arises where there is an emergency.

Professional Boundaries

Unacceptable Communication

Unacceptable Physical Contact

Inappropriate Situations

Breach of the code of conduct

All employees are made fully aware that the following breaches of the Code of Conduct and role responsibilities may result in disciplinary action which may lead to termination of employment:

• reporting to work under the influence of alcohol or drugs

• refusal to complete mandated professional training

• possessing or selling drugs at the Service

• immoral, immature, or indecent conduct while at the Service

• inappropriate use of company equipment and/or resources

• refusing to work as reasonably directed

• possessing a dangerous weapon whilst at the Service

• bringing disrepute to the Service

• causing disruption or discontent in the relationship between a family and the Service

• disclosure of confidential information

• falsifying documentation

• stealing, abusing, defacing, or destroying company property

• interfering with work schedules

• falsification of reports, documents, or wages information

• failure to report for work without notice

• walking off the job

• failure to follow policies and procedures

• vulgarity or disrespectful conduct to families, management or colleagues

• making or publishing false, vicious, or malicious statements about any employee of the Service, or the Service itself

• failure to hand in lost property (this is regarded as stealing): Lost property is to be handed to the nominated supervisor

• unable to maintain or hold a current Working with Children Check

DISCIPLINARY ACTION

All employees are made fully aware that continued abuse of the following may result in disciplinary action. These include, but are not limited to the following:

• unauthorised absence

• having personal visitors whilst on shift

• continued personal phone calls

• using a personal mobile phone or device to take photographs or videos of children

• unauthorised solicitation or distribution of money or materials

• consistent or ongoing poor work standard

• carelessness in the performance of duties

• consistent or ongoing low level of enthusiasm

• lack of personal cleanliness and hygiene

• taking excessive breaks

• failure to report health, fire or safety hazards

• repeated tardiness

Related Statutory Obligations & Considerations

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

• Australia Childhood Foundation

• Early Childhood Australia Code of Ethics

• Education and Care Services National Law 2010

• Education and Care Services National Regulations 2011

• UN Convention on the Rights of the Child

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:

19.03.2025

Version:

4

Last amended by:

Laura Clarke

Next Review:

19.03.2025

Position:

Nominated Supervisor