Responsible Person Policy
NATIONAL QUALITY STANDARD (NQS)
QUALITY AREA 4: STAFFING ARRANGEMENTS
4.1 | Staffing Arrangements | Staffing arrangements enhance children's learning and development |
4.1.1 | Organisation of educators | The organisation of educators across the service supports children's learning and development |
4.1.2 | Continuity of staff | Every effort is made for children to experience continuity of educators at the service |
4.2 | Professionalism | Management, educators and staff are collaborative, respectful and ethical. |
4.2.1 | Professional collaboration | Management, educators and staff work with mutual respect and collaboratively, and challenge and learn from each other, recognising each other’s strengths and skills |
4.2.2 | Professional standards | Professional standards guide practice, interactions and relationships. |
National Regulations
S. 162 | Offence to operate education and care service unless responsible person is present |
S.162A | Persons in day-to-day charge and nominated supervisors to have child protection training |
S. 169 | Offence relating to staffing arrangements |
S. 173 | Offence to fail to notify certain circumstances to Regulatory Authority |
117A | Placing a person in day-to-day charge |
117B | Minimum requirements for a person in day-to-day charge |
117C | Minimum requirements for a nominated supervisor |
150 | Responsible Person |
168 | Policies and Procedures |
173 | Prescribed information to be displayed |
174 | Time to notify certain circumstances to Regulatory Authority |
177 | Prescribed enrolment and other documents to be kept by approved provider |
Purpose
Baulkham Hills Early Learning Centre ensures that a Responsible Person is in attendance at all times the service is educating and caring for children. The Responsible Person is either the Approved Provider, Nominated Supervisor of the service or an allocated candidate who has been placed in day-to-day charge of the service.
Our Service will have one responsible person present at all times when caring for and educating children.
A responsible person can be:
the approved provider or a person with management or control
a nominated supervisor or
a responsible person/ person in day-to-day charge of the service (PIDTDC)
Determining the Responsible Person
The name and position of the responsible person in charge of the service must be displayed at any given time. A “responsible person” can be:
the Approved Provider, or
the Nominated Supervisor, or
Any other person designated as responsible person who has consented to be in day-to-day charge and signed designation Regulation 117A.
DEFINITIONS OF RESPONSIBLE PERSON
NAME | DEFINITION |
Approved provider | A person who holds a provider approval and has primary legal responsibility under the National Law and National Regulations to ensure good governance and management of the service. |
Nominated supervisor | A person with responsibility for the day-to-day management of an approved service. The nominated supervisor has a range of responsibilities under the Law and Regulations that govern the operation of education and care services. |
Responsible Person/ Person in day-to-day charge (PIDTDC) | A person who is physically at the service and has the role of nominated supervisor or duly appointed person. The responsible person has consented to be placed in day-to-day charge of the service but does not take on the responsibilities of the nominated supervisor rather, they ensure the consistency and continuity in practices. |
Responsibilities for the Approved Provider
The Approved Provider of an education and care service must –
Ensure there is a Responsible Person on the premises at all times the service is educating and caring for children.
Ensure that the name and position of the Nominated Supervisor is displayed in a visible position at the main entrance of the service.
Notify the Regulatory Authority within 7 days if there is a change of person in the role of Nominated Supervisor through the NQA ITS Portal (ACECQA Notification).
Ensure that, in the absence of the Nominated Supervisor from the service, the Responsible Person is place in day-to-day charge of the service.
Ensuring that the Nominated Supervisor and Responsible Person have an understanding of their role, and have given their acceptance of this role in writing.
Ensure that there are sufficient staff-at the service who meet the criteria to be a Responsible Person at the service during periods of leave or illness.
Ensure that the Responsible person is signing in/out each day utilising the electronic sign in (Esi) and that Hubhello is securely recording records of RP. (National Regulation 150).
Ensure to notify if adding another Nominated Supervisor to the service (National Regulation 35, National Law 56).
Ensure that the regulatory authority is notified of the suspension or cancellation of a Working with Children Card or other disciplinary proceedings held against them under an education law of a participating jurisdiction action of a nominated supervisor
Ensure that families and staff are aware of this Responsible Person Policy
Responsibilities of the Nominated Supervisor
The Nominated Supervisor of an education and care service must –
Provide written consent to accept the role of Nominated Supervisor.
Ensure that, in their absence from the service premises, another Responsible Person place in day-to-day charge of the service.
Ensure that all staff have a sound understanding of the role of Responsible Person. It is recommended that these staff members who are in a responsible position are given an outline of their responsibilities and that they sign off that they agree to undertake the position. This should be placed in their file (National Regulation 117A).
Ensure that the name of the Nominated Supervisor (National Regulation 173(C)) and other Responsible Person is signed into the responsible person register at all times (National Regulation 150, 177(B)).
Create a roster in accordance with the availability of a Responsible Person, hours of operation and attendance patterns of children.
Notify the Approved Provider and the Regulatory Authority within 14 days of any changes to their personal situation, including a change in mailing address, circumstances that affect their status as fit and proper (such as the suspension or cancellation if a Working with Children Check card of teacher registration) or if they are subject to disciplinary proceedings.
Responsibilities of the Responsible Person/ Person in day-to-day charge
The Responsible Person of an education and care service must –
Provide written consent to accept the role of Responsible Person (National Regulation 117A).
Ensure to sign into the register when in responsible position (National Regulation 150).
Ensure that they have a sound understanding of the role of Responsible Person (National Regulation 117B).
Understand that a Responsible Person placed in a day-to-day charge of an approved service does not have the same statutory responsibilities under the National Law as the Nominated Supervisor.
Ensure they have a sound understanding of the role of responsible person
Responsibilities of the Family/Guardian
The Family/Guardians of an education and care service must –
Reading and understanding this policy
Being aware of who is the Responsible Person at the service on a daily basis.
Procedure
Appointing a Responsible Person
The Approved Provider is responsible for ensuring the safety and wellbeing of children at the service and will consider a person’s qualifications, experience and age when deciding whether they are suitable to be placed in day to day charge of the service.
The Approved Provider or the Nominated Supervisor identifies that an educator meet the criteria to be given a Responsible person role, and
They give their written consent to be placed in day to day charge of the service.
Criteria to be determined a Responsible Person
Educators at the service who have been deemed suitable by the Approved Provider or Nominated Supervisor and wish to be considered for the role of Responsible Person in the absence of the Nominated Supervisor will be considered based on the following criteria set out in the National Regulations (National Regulation 117B).
Their practical knowledge of the day-to-day responsibilities of being an educator at the service, including how to work through unexpected problems.
Must be over 18 years of age.
A demonstrate understanding of:
Children (Education and Care Services National Law) Act 2010, and the
Education and Care Services National Regulations 2011.
Equal Opportunity Employment Conditions.
Health and Safety, including Child Protection responsibilities.
Privacy and Confidentiality and Equal Opportunity/Anti-Discrimination policies and procedures.
The education and care service’s policies and procedures.
Consideration will be also given regarding whether the individual has been subject to compliance action to or disciplinary proceedings under a children’s service law, education law, or a previous education and care service aw, in any state or territory. Candidates will be asked to submit a Compliance History Statement.
Determining the Responsible Person
Whenever possible the Nominated Supervisor will be the Responsible Person. If the Nominated Supervisor will be absent, they will ask a suitable staff member/s to be the Responsible Person.
The Responsible Person will sign in, as on duty, on the Responsible Person register and upon leaving, hand over to the next responsible person to sign in.
The name of the Responsible Person will be displayed in the main entrance to the service.
Only one staff member can be appointed to the position of Responsible Person at any one time.
A record will be kept of who has fulfilled the role each day on our online ESI system.
Related Statutory Obligations & Considerations
Australian Children ’s Education and Care Quality Authority (ACECQA)
Children (Education and Care Services) National Law (NSW) No 104a
Community Learning Australia- Simple guide to being a responsible person
Related Telephone Numbers
Early Childhood Education and Care Directorate - 1800619113
Amendment History
Version | Amendment |
1 | NIL |
002 | Templates included Grammar errors fixed Formatting NQS & Regulations Added Related Policies Added |
003 | Updated references Online ESI system |
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:
17.03.2025
Version:
4
Last amended by:
Laura Clarke
Next Review:
17.03.2025
Position:
Nominated Supervisor
At Baulkham Hills Early Learning Centre
When Rodrigo Perez the Approved Provider, is on the premises, he is the responsible person.
When Approved Provider is away, then Laura Clarke the Nominated Supervisor, is the responsible person.
If both Approved Provider and Nominated Supervisor are away, then the people named as the responsible person on the responsible person list will be next responsible.
If you have a question, complaint or query, the responsible person on duty is who you should discuss it with. This should be visible in the front foyer.
