Determining the Responsible Person Present Policy (QA4)

Woodlands - Determining the Responsible Person Present Policy

A Responsible Person must be physically in attendance at all times that the Service is educating and caring for children.

 Approved providers are responsible for appointing nominated supervisors and/or persons in day-to-day charge that are aged 18 years or older, fit and proper, and have suitable skills. (ACECQA Summary of Changes).

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 others strengths and skills
4.2.2	Professional Standards	Professional Standards guide practice, interactions and relationships

Education and Care Services National Regulations

Children (Education and Care Services) National Law NSW
150	Responsible person
168	Policy and Procedures
173	Prescribed information to be displayed
177	Prescribed Records

Related Policies

• Educator and Management Policy
• Staffing Arrangements Policy

Purpose

Woodlands is committed to meeting our duty of care obligations under the National Law & Regulations to ensure a Responsible Person is on the premises at all times to ensure the health, safety, wellbeing, learning and development of all children at the service is maintained at all times

Scope

This policy applies to children, families, staff, management and visitors of the Service.

Definitions

Name	Definition
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	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 the 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.

Implementation

A Responsible Person will be on the premise at all times, and the details of the Responsible Person will be readily available to families & visitors.

If the responsible person needs to change, they will 'handover' obligations for the role to another duly appointed person at the Service. It is vital that the Responsible Person is documented when taking over this position. The process for determining the Responsible Person will be clear to all educators and staff and followed at all times. Both the old and new Responsible Person will converse directly and ensure the name of the Responsible Person presented at the Service appropriately reflects who presently holds the position.

Our Service will have one Responsible Person present at all times when caring for and educating children.

A responsible person is:

• An Approved Provider 
• A Nominated Supervisor
• A duly appointed person, 18 years or older, fit and proper, and have suitable skills

Management will ensure:

• A Responsible Person is appointed
• The Responsible Person is over the age of 18 years
• They meet the minimum requirements for qualification, experiences and management capabilities
• The Responsible Person has a clear understanding of the role The Responsible Person is a fit and proper person
• The Responsible Person has a minimum of 3years' experience working as an educator in an Education and Care service (Recommended but not compulsory)
• The Responsible Person is on duty during both early and late shifts
• The Responsible Person interchanges with the Nominated Supervisor in their absence.
• Educators are aware that they have to sign off when they have finished their duty and will ensure the Nominated Supervisor or appointed person will sign on and take on the role of Responsible Person.
• Written consent of the Nominated Supervisor role has been accepted
• The staff record has the name of the Responsible Person at the service for each time that children are being educated and cared for by the Service.
• The Nominated Supervisor/appointed person signs their name and present time on the Responsible Service Record.

A Nominated Supervisor/appointed person will:

• Sign their name & present time on the Responsible Person on Duty Record in the centre diary
• Provide written consent to accept the role of Responsible Person
• Check that the identity of the Responsible Person in charge of the Service is available to families & visitors
• Inform the Director in the event of absence from the Service due to leave or illness so they can be replaced by another Responsible Person
• Ensure they have a sound understanding of the role of Responsible Person
• Abide by any conditions placed on the Responsible Person
• Understand that a Responsible Person placed in day-to-day charge of the Service does not have the same responsibilities under the National Law as the Nominated Supervisor (i.e.: Director)
• Notify the Regulatory Authority within 7 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 of a Working with Children Check card or teacher registration, or if they are subject to disciplinary proceedings

Source

• Australian Children's Education & Care Quality Authority
• Guide to the Education and Care Services National Law and the Education and Care Services National Regulations
• Revised National Quality Standard

Review

Policy Reviewed	Modifications	Next review Date
August 2017	Adjustments made to comply with new regulation changes	August 2018
October 2017	Updated the references to comply with the revised National Quality Standard	August 2018
December 2019	Updated formatting and branding Minor grammatical adjustments to pertinent to delivery Adjusted Responsible Person record information to reflect Woodlands Specific requirements.	August 2020