Compliance updates in SA reveal issues around protection and supervision

The Education Standards Board (ESB), South Australia’s Regulatory Authority in relation to the National Quality Standards, has recently updated its table of compliance breaches, indicating that issues around protection of children from harm and hazard and adequate supervision of children remain core sources of compliance breach notices and provider approval suspensions or cancellations within the state.

 

In total, five early childhood education and care (ECEC) approved providers have been added to the compliance table thus far in 2019, relating to breaches in six individual ECEC sites. Two outside school hours care (OSHC) service providers are implicated, along with one family day care (FDC) approved provider, and one long day care (LDC) service provider.

 

One OSHC provider was issued with a compliance notice, pursuant to section 177 of the Education and Care Services National Law (South Australia), after the ESB found multiple failures to comply with various provisions of the National Law and Regulations. The matters giving rise to the compliance notice being issued included:

 

• Protection of children from harm and hazards pursuant to section 167

 

• Inadequate supervision of children pursuant to section 165

 

• Requirement to keep enrolment and other documentation pursuant to section 175

 

• Policies and procedures to be followed pursuant to regulation 170

 

• Medical conditions policy pursuant to regulation 90

 

• Ventilation and natural light pursuant to regulation 110

 

• Responsible person pursuant to regulation 150

 

• Placing person in day to day charge pursuant to regulation 117A

 

• Prescribed enrolment and other documents to be kept by the approved provider pursuant to regulation 177

 

• Emergency and evacuation procedures pursuant to regulation 97.

 

The FDC provider mentioned above received a Cancellation of Service Approval pursuant to section 77 of the Education and Care Services National Law (South Australia) from the ESB in relation to failing to comply with certain provisions of the National Law. The matters giving rise to the cancellation being issued included the approved provider breaching a condition of service approval pursuant to section 51 (3).

 

In relation to the LDC provider, the ESB undertook to cancel provider approval, after a period of suspension, pursuant to section 33 of the Education and Care Services National Law (South Australia). The Regulatory Authority cancelled the provider approval in relation to failing to comply with certain provisions of the National Law, including  the approved provider or a person with management and control of the service not being a fit and proper person to be involved in the provision of an education and care service pursuant to section 31 (a).

 

The cancellation was also based on determinations that continued provision of education and care by the approved provider would constitute an unacceptable risk to the safety, health and wellbeing of any child being educated and cared for by any education and care service operated by the approved provider pursuant to section 31(b); and, the approved provider breaching a condition of the provider approval pursuant to section 31 (e).