Amberley O.S.H.C.

Children are our future, We are dedicated to their success!

10.22 Determining the Responsible Person

The Approved Provider must ensure that the education and care service has a responsible person in day to day charge of Amberley OSHC.  This policy outlines the process for determining the responsible person.

Relevant Laws and other Provisions

The laws and other provisions affecting this policy include:

  • Education and Care Services National Law Act, 2010 and Regulations 2011
  • Working with Children (Risk Management and Screening) Act 2000 and Regulations 2011
  • Family and Child Commission Act 2014
  • NQS Area: 4.2.1; 7.1; 7.3.1, 7.3.2, 7.3.3, 7.3.5.
  • Policies:  8.1 – Role and Expectations of Educators, 8.3 – Recruitment and Employment of Educators, 10.1 – Quality Compliance, 10.5 – Approval Requirements under Legislation, 10.9 – Information Handling (Privacy and Confidentiality).

 Procedures

A responsible person must be present at all times when Amberley OSHC is educating and caring for children. If the Nominated Supervisor is absent, the Approved Provider or a Certified Supervisor placed in day-to-day charge of Amberley OSHC can be the responsible person.

The Nominated Supervisor of Amberley OSHC MUST hold a current Supervisor Certificate in accordance with the Education and Care Services National Law 2010 and Regulations 2011.

In the absence of the Nominated Supervisor, the Approved Provider or Nominated Supervisor will place in day to day charge of Amberley OSHC a Certified Supervisor with their written consent. This person MUST hold a current Supervisor Certificate in accordance with the Education and Care Services National Law 2010 and Regulations 2011 with regard to ensuring fitness and propriety.

In determining the responsible person, the Approved Provider will also consider the capacity of this person to ensure children’s safety and wellbeing, having regard to their qualifications, experience and age.  This includes the person’s:

  • understanding of the Education and Care Services National Law Act 2010 and Regulations 2011
  • understanding of other relevant laws and provisions such as Work Health, Food Handling, etc.
  • capacity to implement emergency and evacuation procedures
  • ability to attend to parent inquiries (either directly or by referral)
  • capacity to supervise, manage and lead other educators
  • ability to respond to incidents involving children’s health and safety
  • ability to respond to incidents involving the health and safety of educators, volunteers and family members present at the service
  • knowledge (extensive) of service policies and procedures including opening/closing procedures
  • Capacity to ensure the safety and wellbeing of all children being educated and cared for while they are the responsible person
  • ability to effectively make written records of incidents
  • ability to effectively communicate with children, families, staff, school and relevant authorities
  • ability to reflect and evaluate their performance as the responsible person
  • ability to understand and articulate practice

The approved provider will maintain a staff record including the name of the responsible person at the service for each time that children are being educated and cared for by the service.

In accordance with regulatory requirements, a sign stating the name and position of the responsible person in charge must be displayed at all times children are being educated and cared for.

Reviewed and updated November 2014, Reviewed 27 April 2015, Updated 12 May 2015


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