Transcript Document
New Education and Early Childhood Services Laws – Implications for Boards
Presented by Roger Anderson Wednesday 16 May 2012
Introduction
New Act in place since 1 January 2012.
Major implications for: • Schools; • • • school boards; individual board members; school senior staff.
Introduction ...( cont)
Major changes in: • Early Childhood Services, including OSHC; • Context for school registration with a “fresh start”.
Same Act and Board cover government and non-government schools and early childhood services, including OSHC. Significant differences between the regulation of early childhood services and schools.
Background
• • • • • State Government reviewing all education legislation.
Legislation for registration of schools had not been changed for many years.
Schools previously not required to comply with legislation on OSHC and other early childhood services.
Adopted “contemporary” approach to school legislation, included possibility of misconduct action against individual board members and senior staff.
School legislation similar to regulation of many professionals.
Major Changes for School Registration
Major changes for school registration include: • Handling issues associated with a particular school; • Potential for action to be taken against school and individuals associated with the school; • Method of operation of the registration board and possibly expectations of schools e.g. regarding complaints.
Probably a more formal approach to handling many matters.
Major Changes for School Registration ...(cont)
Many key operational matters still to be developed by the new Board.
Possible major changes in: • Requirements for meeting registration obligations; • School registration reviews; • Expectations of schools; • Complaints handling.
In Summary
• • • • Schools need to be cautious when communicating with the new Board because of potential adverse implications.
AISSA can provide assistance to schools.
Remains to be seen whether the legislation is implemented as intended by those responsible for drafting the legislation.
AISSA may need to separately advocate on the Board’s policy and procedure deliberations.
The Education and Early Childhood Services (Registration and Standards) Act 2011
Presented by Ann McLean Wednesday 16 May 2012
Important Changes
• • • All schools are now required to register under the Act, including government schools. A new board - The Education and Early Childhood Services Registration and Standards Board of South Australia - an incorporated, independent statutory authority established under the Act.
Expanded Board functions include: ˃ Registration, endorsement and review; ˃ ˃ Preparation or endorsement of codes of conduct; Investigations and conduct of disciplinary inquiries.
Important Changes...
(cont)
• • • • Board has three registrars one for each school sector.
Complaints made to the Board or the registrar relating to the provision of education by a registered school must be referred to the school to be dealt with in accordance with the school’s complaints’ procedures.
It acts as the Regulatory Authority and the children’s services regulator under the National Law.
Schedule 1 to the Act, the Education and Care Services National Law establishes a national education and care services quality framework, covering most long day care programs, family day care, after school care and certain preschool services.
Registration
• • • • • • Requirements for registration remain similar; Period of registration -in force until cancelled under the Act; Board can impose and change conditions on registration; Board can conduct reviews; Board can remove a school from the register or cancel registration; School can apply for reinstatement to the Register.
Endorsement to Enrol Full Fee Paying Overseas Students
• • • Requirements are made by regulation; Board can impose and vary conditions; Board can remove or cancel an endorsement.
Registration and Endorsement Proceedings
• • Applications for registration, reinstatement and reviews governed by formal processes (proceedings); Proceeding likely only where there is dispute.
In Proceedings
• The Board: ˃ ˃ ˃ ˃ Can summons witnesses, require evidence on oath; Can order costs; Is not bound by the rules of evidence; Must act in accordance with equity, on substantial merits, natural justice and procedural fairness.
• Parties have right to legal representation.
Review of Registration
• • • • • Is a ‘proceeding’ under the Act; To be conducted in accordance with regulations; School to have 21 days’ notice; Can be converted to disciplinary proceedings; Board can make changes to registration.
Reviews and Appeals
• • • • • Rights apply to refusal to register, endorse or reinstate, removal of endorsement and imposition of conditions; School or person affected has right to seek review by the Board; Review must be conducted within 30 days by person not involved in original decision; Board can make new decision; Right of appeal within 28 days to District Court whether or not there has been a review.
Disciplinary Action
• Can be taken against: a school where registration improperly obtained, breach of conditions, failure to comply with Act or Code, misconduct, or where governing authority member is guilty of misconduct or not fit and proper; • a governing authority member, a person who occupies a position of authority in an incorporated or trustee services provider, or a responsible authority - in relation to fitness and propriety, failure to comply with Act, misconduct in connection with provision of educational services.
Potential Disciplinary Allegations
• • • • • • • May come to school’s attention by: referral from the Board; an investigator authorised by the Board; the Registrar; a Complaint which has already been laid before the Board; allegations made directly to the Governing authority (by parent, student etc.); allegations made to the principal (by parent, student etc).
Investigations of Allegations
May be: • • By the school, in accordance with appropriate procedures; and/or By officers authorised by the Board who have powers to: ˃ ˃ ˃ ˃ ˃ ˃ Enter school premises Require and inspect documents Require questions to be answered Take photographs and recordings Seize evidence With a warrant or where immediate action is required, break in or break open anything on the premises. • It is an offence to hinder obstruct to threaten an authorised officer.
Proceedings Before the Board
• • • • • An inquiry before the Board is initiated by a Complaint laid by Registrar or Minister; Parties have right to legal representation; Board is composed of at least 3 members, including member nominated by AISSSA; Board must give 14 days’ notice; A person aggrieved by the conduct of a person is entitled to be present at the hearing.
Powers of the Board in Hearings
• • • • • • • Is not bound by rules of evidence Must act in accordance with equity, good conscience and substantial merits Can summons witnesses Can take evidence on oath Can require witnesses to answer questions Can determine a matter in the absence of the respondent Must be satisfied on balance of probabilities that there is proper cause for disciplinary action.
Penalties Board Can Impose
On a school: • • • • • • Impose conditions Cancel registration or endorsement Suspend registration up to one year Disqualify from registration censure Prohibit school form carrying on business • • • • On governing authority members: Censure Prohibit from being member Prohibit from occupying position of authority Prohibit from carrying on business of education Contravention of a disciplinary condition can result in an offence and fine of up to $75,000.
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Rights of Appeal
Complainant or respondent can appeal to District Court within 28 days.
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Rights to apply to vary or revoke a condition
School can apply to Board to vary or revoke a disciplinary condition.
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Victimisation
Occurs if person causes detriment to someone who discloses or makes allegations which could give rise to proceedings under the Act.
Action can be brought as tort in civil court or under EO Act.
Offences
• • • Offences including those relating to dishonesty and registration, contravening Board disciplinary conditions, making false statements may be committed by schools, governing council members and persons in certain positions of authority.
If an offence is committed by a body corporate a person with management or control who fails to exercise due diligence to prevent the offence is liable.
Volunteer governing authority members have additional but limited grounds of defence.
The Education and Care Services National Law
Presented by Lynda Secombe Wednesday 16 May 2012
Background
• • In December 2009, all Australian governments, through the Council of Australian Governments (COAG), agreed to a partnership to establish a National Quality Framework (NQF) for Early Childhood Education and Care.
Services in scope of the NQF across Australia include: ˃ long day care; ˃ ˃ ˃ preschool/ kindergarten; family day care; outside school hours care services.
Services Excluded by the National Law
The National Law adopts a broad definition of ‘education and care service’ as ‘any service providing or intending to provide education and care on a regular basis to children under 13 years of age’, except those services that are specifically excluded either by the National Law or the National Regulations.
• The following services are excluded by the National Law and are not within the scope of the National Quality Framework: a school providing full-time education to children, including children in the year before Grade 1, but not including a preschool program delivered in a school or a preschool that is registered as a school (as these are within scope).
• • • • • a preschool program delivered in a school if the program is delivered in a class or classes where a full-time education program is also being delivered to school children and the program is delivered to fewer than six children in the school (a composite class).
a personal arrangement.
a service principally conducted to provide instruction in a particular activity (for example, a language class or ballet class).
a service providing education and care to patients in a hospital or patients of a medical or therapeutic care service.
care provided under a child protection law of a participating jurisdiction.
Relationship to EECSRS Act
• •
Schedule 1 to the EECSRS Act
˃ ˃ ˃ Education and Care Services (E&CS) National Law; Education and Care Services Regulations; National Quality Standard (located in a schedule to the E&CS Regulations).
National aim to raise quality and drive continuous improvement and consistency in education and care services and school age care.
The National Quality Framework includes
• • • • • a national legislative framework (Law and Regulations); the National Quality Standard consisting of seven Quality Areas; a national quality rating and assessment; a new national body—ACECQA; a Regulatory Authority in each state and territory (EECSRS Board of SA).
ACECQA and the EECSRS Board of SA
ACECQA – Australian Children’s Education and Care Authority
• the national body to oversee the new system and guide consistency in national implementation.
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EECSRS Board of SA
the state regulatory authority who has primary responsibility for approval, monitoring and assessment of Education and Care services.
Start Date
• The National Quality Framework took effect on 1 January 2012 with key requirements being phased in overtime.
• Requirements such as qualification, educator-to-child ratios and other key staffing arrangements will be phased in between 2012 and 2020. • The new system replaces existing state and territory licensing and national quality assurance processes.
• • • •
National Quality Standard
is a schedule to the National Regulations; Sets national benchmarks for the quality of education and care services; ˃ ˃ ˃ ˃ Brings together seven key Quality Areas: ˃ ˃ ˃ 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 Each of these seven areas will be assessed, rated and published.
National Rating and Assessment
• • • • A national approach; Each service will receive a rating for each quality area and an overall rating; Ratings must be displayed by the service; Will be published on the ACECQA and the MyChild websites.
Significant improvement required Indicates that a service is not meeting the National Quality Standard and the regulator is working closely with the service to immediately improve its quality (otherwise the service’s approval to operate will be withdrawn) Working towards National Quality Standard Indicates that a service is working towards meeting the National Quality Standard Meets National Quality Standard Exceeds National Quality Standard Excellent Indicates that a service is meeting the National Quality Standard Indicates that a service is exceeding the National Quality Standard Indicates that a service demonstrates excellence and is recognised as a sector leader
Assessment and Rating Process
• • • • Undertaken by authorised officers from the EECSRS Board; Based on the QIP which describes outcomes against the 7 areas; On-site visit, report and opportunity to comment on the report; Rated against the 7 areas of the National Quality Standard.
The Quality Improvement Plan needs to be available on request by the regulatory authority from 1 May 2012 (but does not need to be submitted until the service is scheduled for quality assessment and rating).
The first assessment visits to services are expected to commence in mid-June 2012.
The National Regulations
• • • • The National Regulations set out: application processes for ˃ ˃ ˃ provider approval; service approval; supervisor certificates. the process for the rating and assessment of education and care services against the National Quality Standard, including the rating levels. minimum operational requirements organised around each of the seven Quality Areas of the National Quality Standard. application process for review of decisions.
• • • • arrangements to move existing services into the National Quality Framework. transitional and savings provisions applying to particular states and territories to support a smooth transition for services to the new system. the range of transaction and administrative fees applicable to an education and care service.
Fines for breaches. Under the National Regulations it is a requirement that an approved provider of an education and care service ensure that a copy of each of the National Law and National Regulations is accessible (whether in hardcopy or electronically) at the education and care service premises at all times. Copies of the National Regulations can be downloaded from Victorian Legislation and Parliamentary Documents website or accessed through the ACECQA website at www.acecqa.gov.au
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Approved Learning Frameworks
• • • Belonging, Being and Becoming: The Early Years Learning Framework for Australia (‘Early Years Learning Framework’); My Time, Our Place: Framework for School Age Care in Australia (‘Framework for School Age Care’); Other approved learning frameworks under the National Quality Framework.
Quality Improvement Plans
All services must prepare a Quality Improvement Plan that: • includes an assessment of the quality of the practices of the service against the National Quality Standard and the National Regulations • • identifies areas of strength; identifies any areas that the provider considers may require improvement; • includes a statement of philosophy of the service. The Quality Improvement Plan must be: • complement and relate to the school’s overall strategic plan; • updated at least annually; • available at the service; • submitted to the Regulatory Authority on request.