Welcome

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Purpose

• The purpose of these consultations is to:• Provide information about the Exposure Draft of the

Education and Care Service National Regulations.• Seek feedback and allow issues to be raised and

discussed.

• The Regulations are open to amendment based on feedback received during the consultation process. The information provided in this session is based on the draft Regulations as they stand now but the detail is not set in stone.

 

Why are we moving to the National Quality Framework

• High quality education and care

• Uniform National System– One system to replace eight separate systems

• Improved Standards for education and care– New Quality Standards focussed on outcomes for children

• Revised Assessment and Rating process – Undertaken by the Regulatory Authority, not a separate

body

• National Consistency– Australian Children’s Education and Care Quality Authority

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Why are we moving to the National Quality Framework?

Where are we up to

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• VIC and NSW have passed legislation- - Education and Care Services National Law Act 2010 available

at http://www.legislation.vic.gov.au

- Children (Education and Care Services National Law Application) Act 2010 No 104 available at http://www.legislation.nsw.gov.au

• Australian Children’s Education and Care Quality Authority (ACECQA) being established (fully operational 1 January 2012)

• National IT system contract negotiations

• Trial assessment of approximately 200 services almost complete

• Consultation on the Exposure Draft of the National Regulations

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Who is covered

• The National Quality Framework will cover what is currently known as:- Long day care- Family day care- Kindergarten (preschools in some states)- Outside school hours care services

• An all-encompassing national system will take a number of years to achieve.

• The initial scope reflects the decision to start with services with the largest numbers of children.

• This is the start of the quality agenda and over time consideration will be given to including other types of services.

• This phased approach is to ensure that issues unique to particular types of services are fully considered and analysed before decisions are made.

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Approvals

• A new robust but streamlined approval system comprised of three interrelated approvals

- Provider Approval

- Service Approval

- Supervisor Certificate

• Under the new system provider and supervisor approvals will be ongoing and nationally recognised

Supervisor Certificates

• Supervisor Certificate – certification that a person is eligible to be placed in day to day charge of a service is required for those nominated to be in charge of approved education and care service: – Certificate is portable from service to service and nationally– Automatic if already in an existing equivalent position– Certain prescribed classes of persons can be automatically granted

Supervisor Certificates, for example school principals, person in charge of a school campus

– One-off $30 application fee – DET will maintain a register as part of a national register– Holder must notify the Department if there is a change in circumstances e.g.

Blue Card cancelled

• Nominated Supervisor – is a person who:

– Is a Certified Supervisor– Nominated by Approved Provider to be the Nominated Supervisor of that

service– Has consented to the nomination 7

Supervisor Certificates

Eligibility to apply for a Supervisor Certificate• Be 18 years or above.• Fit and proper person to be the supervisor of a service. • Meet the following minimum requirements for qualifications, experience

and management capability:- sufficient skills to be placed in day to day charge of a service; AND- one of the following:

at least three years experience working as an educator in an education and care service or children’s service or school; or

an approved diploma level education and care qualification; or an approved early childhood teacher qualification

• Special provisions exist for Supervisor Certificates in outside school hours care.

• Some certificates may have conditions attached. 8

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Moving into the new system

• Prior to 1 January 2012:• The Regulatory Authority may start seeking

information from services to support the transition to the National Quality Framework

• From 1 January 2012:• Existing licensed operators will be taken to be

Approved Providers; and• Existing services will be taken to be Approved

Services.• Service/provider approvals will be issued by the

Regulatory Authority by 30 June 2012.

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Approvals process Questions & discussion

• Is the information requested for Provider or Service Approval appropriate?

• Should other factors be used to determine fitness and propriety for Provider Approval or Supervisor Certificates?

• Should other factors be considered to determine whether a service can provide quality education and care for children?

• Are the minimum requirements for Certified Supervisors appropriate?

• From 1 January 2012, assessments will be against the seven quality areas of the National Quality Standard

– Educational program and practice– Children’s health and safety– Physical environment– Staffing arrangements– Relationships with children– Collaborative partnerships with families and communities– Leadership and service management

Assessment and Rating against the National Quality Standard

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Rating levels

Current Rating Name

Description Other possible rating names

Excellent Highest rating

High Quality NQS and at least four ratings at Advanced / High Quality, including at least two from prescribed quality areas

Advanced

National Quality Standard

At least rated as NQS against each quality area

Foundation Receives a rating of Operating / Foundation for one or more areas

OperatingSatisfactory

Unsatisfactory Receives a rating of Unsatisfactory for one or more areas and this poses a significant risk to the safety, welfare or wellbeing of children

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Assessment and rating against the National Quality Standard

• The NCAC will no longer exist.• Assessment and Rating will be conducted by the State/Territory

Regulatory Authority.• The Regulations set out the process for undertaking assessment

and rating including:- Review service information and the Quality Improvement Plan- Visit the premises (for centre-based) or one or more approved

venues or residences (for FDC)• Those undertaking assessment of services will have extensive

training in the assessment and rating process. • Services can seek a review or reassessment of a rating.• Services that receive a rating of High Quality/Advanced may apply

to be considered for a rating of Excellent.

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Assessment and ratingQuestions & discussion

• Initial consultation with the sector about the terminology for the rating levels identified that there was a preference for High Quality rather than Advanced.

• Another area that caused confusion was the use of Foundation (as the level below NQS level) given its use in a schooling context.

• Given unsatisfactory is the lowest rating, is Satisfactory a more appropriate term for the level below NQS ?

• Is there any other information a Regulatory Authority should consider when determining a rating for a service?

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Fees

• The Regulations set which transactions are subject to a fee - for example applications for Service Approval.

• Fees collected will be reinvested in the activities of the Regulatory Authorities and ACECQA.

• The annual service fee will be payable 1 July each year.

• Centre based and family day care services will have different fee structures.

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Fees

Current requirement New equivalent

Fees levied by the Department

• $500 licence application fee (up to 3 yrs)

• $100 provisional licence

• $300 licence renewal (up to 3 yrs)

• $75 licence amendment

• $50 lift a suspension

• $300 transfer a licence

• $50 to replace a licence

NCAC annual fee• $178 - $237

Application fees for:

• $200 Provider Approval

• $400 - $800 Service Approval

• $30 Supervisor Certificate

Annual fee $185 - $365 annual fee

• No NCAC fee

• Range of fees levied for other transactions for example – notice to transfer Service Approval, waiver, rating re-assessment

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Fees Questions & discussion

• Have we achieved the aim of balance between fairness and equity and limited cost recovery to support regulatory activities?

• Is differentiating fees by size of service equitable?

• Is a due date for the annual fee of 1 July each year the best date?

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Operating an education and care service

• Regulations provide more detail including:• Philosophy, policies and procedures• Educational Program• Children’s Health and Safety• Physical facilities• Staffing Arrangements• Information and records

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Qualification requirements

• Minimum Qualification requirements from 1 January 2014 for centre based services:

- At least 50 percent of educators must have (or be actively working towards) a Diploma level education and care qualification

- A service with less than 25 children ( kindergarten aged or under) – must have access to an early childhood teacher for 20% of the operating hours

- A service with 25 or more children (kindergarten aged and under) on a given day – must have an early childhood teacher in attendance for at least six hours (if operating for > 50 hours) or 60% of the operating hours (if operating for 50 hours or less)

• One option currently being explored is making it clear that absence of an early childhood teacher for illness or annual leave will not require a relief teacher and that relief may be provided by a Diploma qualified or above educator.

• Above requirements are over-ridden where there are jurisdiction specific qualification requirements.

• From 1 January 2014, all family day care educators must have (or be actively working towards) a Certificate III level qualification.

Staffing ratios – Centre based

Age GroupCurrent QLD

RatioNQS Ratio Timeframe

Birth to 24 mths 1:4 1:4 (no change) 1 January 2012

25 to 35 mths 1:6 1:5 1 January 2016

15 to 36 mths 1:5

Special provision for existing Queensland services licensed by 1 January 2011: Services that justify the use of a 1:5 ratio will be ‘granted compliance’ until 31 December 2017.

36 mths up (but not including over preschool aged children)

1:12 1:111 January 2016

School age children 1:15 No national standard 1 January 201220

Staffing ratios – Family day care

Current QLD Ratio NQS Ratio Timeframe

1:7 with a limit of 4 children under school age (ratio includes the carer’s own children under school age but the carer’s own school-age children are not included in the ratio)

1:7 with a maximum of four children not yet attending school(ratio includes the carer’s own children)

1 January 2014

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Mixed age groups

Age Group No of ChildrenTotal Educators

Required

Birth to 24 mths(ratio 1:4)

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25 to 35 mths(ratio 1:5)

5 3

36 mths up to (but not including over preschool aged children)(Ratio 1:11)

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Total children 20

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1:41:4 1:51:5

Birth to 24 mths (3) Birth to 24 mths (3) 25 to 35 mths (5)25 to 35 mths (5)

36 mths up to36 mths up topre-school (12)pre-school (12)

Educators (3) Educators (3)

1:11

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• Approved providers that are unable to comply with a prescribed element or elements of National Quality Standard (Quality Areas 3 & 4 - physical environment and staffing arrangements) and certain provisions in the national Regulation may apply to the Regulatory Authority for a waiver:– A temporary waiver: which permits a service to operate for a

fixed period (of no longer than 12 months at a time); – A service waiver: this provides a waiver on an ongoing

basis.

• Permanent exemptions will be transitioned as service waivers.

Waivers

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Operating a serviceQuestions & discussion

• Should school age children be allowed to sign themselves out? Should older children be able to sign out younger siblings?

• Is the requirement to meet educator‑to‑child ratios at all times, including during staff and meal breaks, achievable in a practical way?

• Is the use of state specific ratios for mixed aged groups clear? • Family day care educators may use ‘co‑carers’ (eg spouse or partner)

- Should co‑carers be regulated beyond being a fit and proper person?

- Should there be minimum qualification requirements for co‑carers? • Are there other practical issues that may need to be taken into account

in relation to the requirements to have an early childhood teacher in attendance at the service for each day it operates?

• Services need to maintain effective ratios to ensure that all children are adequately supervised and are receiving quality education and care, including for mixed age groups of children. Is the proposed approach easy to understand and implement?

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Monitoring and compliance

• The key aim is to work with services to drive continuous quality improvement.

• This will occur through regular monitoring/spot visits/targeted campaigns and assessment and rating visits.

• Responsibility for obligations outlined in the regulations sits primarily with Approved Providers or persons with day to day management or control.

• Regulatory Authorities will have a range of tools to achieve compliance including:

• Compliance directions and notices• Enforceable undertakings• Prohibition notices• Emergency action notices

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More information for parents

• Transparent easily accessible information about the quality of education and care provided

• The Regulations require that services provide or display a range of information about the service including:• contact details, their education program, assessment rating info

• Services will continue to be required to keep a range of information specific to each child including:• assessments of children against the education program and these

assessments must be available to parents on request  

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Feedback on the NQF Regulations

• Comment on the Information Paper and/or draft Regulations should be submitted to ececquality@deewr.gov.au by 14 April 2011.

• Written feedback can also be posted to:National Quality Framework Regulations Exposure Draft Submission Early Childhood Quality Group Department of Education, Employment and Workplace Relations Loc C17MR2 GPO Box 9879 CANBERRA ACT 2601

• National Quality Framework Hotline - 1800 181 088• Queensland Website

www.education.qld.gov.au/earlychildhood

Questions and comments