Part 7 Administrative requirements (Clauses 85-116)
The Parts of the Regulation are:
Part 1 Preliminary (Clauses 1-6)
Part 2 Licensing procedures (Clauses 7-29)
Part 3 Facilities and equipment requirements (Clauses 30-50)
Part 4 Staffing requirements (Clauses 51-57)
Part 5 Child number requirements (Clauses 58-63)
Part 6 Operational requirements (Clauses 64-84)
Part 7 Administrative requirements (Clauses 85-116)
Part 8 Probity checks (Clauses 117-122)
Part 9 Miscellaneous (Clauses 123-125)
Schedule 1 Records to be kept for each child
Schedule 2 Savings and Transitional Provision
Schedule 2 - Dictionary
Q. Are staff allowed to access children’s parents’ record cards or only the authorised supervisor? Do staff have to ask the authorised supervisor to access the record cards on their behalf?
A. Clause 97 states that the licensee must ensure that records relating to a child are made available only to prescribed groups of people. Clause 97(1)(d) covers the members of staff authorised to access the records by the licensee or the authorised supervisor. This means the licensee or authorised supervisor may authorise staff to access the records. It is their decision which staff are authorised.
Refer to Clause 97(1)(d) - Inspection of records.
Q. Who is responsible if there is no authorised supervisor?
A. If the authorised supervisor resigns and is not immediately replaced the licensee automatically assumes all the authorised supervisor’s responsibilities under the Regulation.
This is a requirement under Clause 104 of the Regulation, which states that “While a children’s service has no authorised supervisor, the conditions for the service that apply to an authorised supervisor extend to the licensee.”
Where this occurs, the licensee must meet the responsibilities of the authorised supervisor under the Regulation but s/he is not required to be on the premises for 50% of the time that the service operates. The licensee is not required to meet any of the qualification or training requirements of an authorised supervisor.
The ‘conditions for the service’ which fall to the licensee when there is no authorised supervisor are contained in those clauses of the Regulation that are the responsibility of the authorised supervisor alone.
Those clauses are: 52(4), 60(6), 63, 67, 68(2), 69(1-3), 70(1-4), 74(1), 74(3), 75(1), 77, 78, 79, 80, 81(2), 82(7).
The licensees may choose to delegate some of the tasks associated with these clauses but the responsibility for ensuring those tasks are carried out in accordance with the Regulation remains with the licensee whilst operating under Clause 104.
Refer to Clause 104 - Application of licence conditions if no authorised supervisor.
Q. What kind of complaint must the licensee report to the Director General?
A. Refer to Clause 88 - Notice of complaint.
DoCS accepts any complaint against a children’s service for investigation, if it relates to an alleged breach of the Regulation or an alleged child protection issue. Complaints may be verbal, or in writing and the complainant may remain anonymous if they prefer. If the complaint relates to a child protection allegation the complainant should refer the matter to the Helpline on 132 111.
If a parent of a child provided with a child care service makes a complaint to the licensee about the conduct of the service the licensee must give written notice of the complaint and any action taken in response to the complaint, to the Director General, represented by the CSA, unless the complaint is of a trivial nature.
Examples of complaints relating to the Regulation are:
Physical environment, food handling, menus, number of children, policies and procedures, staff/child interactions, complaints procedures, health & safety of children, staff numbers, qualified staff, lack of records, centre management, lack of or dangerous equipment, hygiene.
A complaint would be considered ‘trivial’ if it did not involve the health, safety or wellbeing of the child.
Q. What records of complaints must be kept?
A. Refer to Schedule 1 Clause 4 - Records of complaints.
Service providers are required to keep details of any complaint made by a parent or person responsible for a child provided with the service concerning the care provided to the child or the operations of the service and details of any action taken in response to the complaint.
Q. Can a service have a downloaded copy of the Regulation rather than a copy purchased at the NSW Government Sales and Information Service?
A. Refer to Clause 91 - Copy of Regulation to be kept on premises of service.
The Regulation requires a copy of the Children’s Services Regulation 2004 to be available for inspection by parents of children at the service. Either a purchased copy or a downloaded copy will meet this requirement.
Q. Who is classified as a ‘visitor’? Is it anyone who comes to the centre? Is it parents dropping off something?
A. Refer to Clause 93 - Records in relation to staff & visitors.
The Regulation requires the licensee to ensure records are made and kept up to date of any visitor to the premises. Parents would not be classified as a visitor.
Records
Q. What records need to be kept?
A. Refer to Clauses 92 - Records in relation to children, 93 - Records in relation to staff and visitors, 94 - Records in relation to attendance at children’s service, 95 - Records about programs for children, developmental records, daily routine, 96 - Retention of records, 97 - Inspection of records, Schedule 1 - Records to be kept of each child.
Q. Where should records be kept and for how long?
A. Refer toClause 96 - Retention of records.
In the case of a family day care service the licensee is to ensure these records are kept in a safe and secure area at the premises where the service is organised. In FDC this means the FDC office.
The licensee needs to demonstrate that the location of the records is safe and secure.
Q. Are electronic records acceptable for keeping / archiving records required by the Regulation? What special requirements might there be for keeping electronic records?
A. Refer to Division 2 of Part 7 - Records and Schedule 1 - Records to be kept for each child.
These clauses set out the specific records which must be kept as written records.
Electronic records may be maintained to satisfy the requirements of Clause 94 - Records in relation to attendance at children’s service, where the records are not also used for the purpose of Clause 93.
The Regulation does not prohibit the keeping of the written records as scanned documents.
The records must remain accessible for inspection in accordance with the Director General’s direction in Clause 86 - Information or documents required by Director General.
Wherever the records are stored the storage must be safe and secure.
Q. Where should the records be kept if a service ceases operation?
A. Refer to Clause 96(5) - Retention of records.
Q. How much information is required to be kept to meet the requirements of ‘developmental records’ in terms of Clause 96(6)?
A. Refer to Part 7 Clause 96(6) - Retention of records.
Services need to ensure that sufficient documentation is retained by the service which demonstrates the child’s progress during the year.
Q. What alternative documentation is suitable /acceptable if the certified copy of the birth certificate parents need to supply upon enrolment or within 6 weeks is unavailable?
A. Refer to Schedule 1 Clause 1 - Records of personal information and Clause 92 – Records in relation to children.
The Regulation requires inspection of a certified copy of the child’s birth certificate, Australian citizenship certificate or passport or other documentation approved by the Director General.
In circumstances where parents are unable to provide the certified copy of the birth certificate the authorised supervisor may sight the original birth certificate and take a copy.
In exceptional circumstances where the birth certificate cannot be produced, service providers should contact their CSA for advice on how to proceed.