Regulation 168: do you understand your leadership responsibilities

Regulation 168 of the Education and Care Services National Regulations is not a policy checklist. For approved providers and nominated supervisors, it is a test of governance capability, risk oversight and leadership influence. The critical question is not whether policies exist, it is whether leadership understands how to review, embed and monitor them effectively.

In many services, policies are comprehensive and professionally presented. Yet compliance breaches rarely occur because a policy is missing. They occur because a policy is misunderstood, outdated or inconsistently implemented.

This is where leadership matters.

Regulation 168 requires approved providers to ensure mandatory policies and procedures are in place, current and accessible. However, the National Quality Framework expects more than technical compliance.

Approved providers hold ultimate legal accountability. Nominated supervisors hold operational control. Neither role can rely on assumption.

Strong leaders regularly ask:

• When were all mandatory policies last reviewed against current regulatory amendments?
• Is there documented evidence of implementation, not simply acknowledgement?
• Do educators understand the procedures, or only know where the folder is stored?
• Are review cycles scheduled, monitored and minuted?

Policies that sit untouched for years signal governance risk.

A robust policy review process should include:

1. Legislative alignment audit

Set a structured annual review schedule. Cross-check each mandatory policy against:

• current versions of the Education and Care Services National Regulations
• National Quality Standard expectations
• state or territory child protection requirements
• updated guidance from regulatory authorities.

Document the review process. Record dates, amendments and approval by the approved provider.

2. Implementation testing

Policy review must include practical testing. Consider:

• scenario-based discussions in team meetings
• emergency response walk-throughs
• random checks of authorisation processes
• audits of medical management documentation.

If staff cannot confidently describe procedures without prompting, embedding has not occurred.

3. Risk trigger monitoring

Certain changes should automatically prompt policy review. Leaders should develop a simple trigger checklist, including:

• environmental modifications
• changes to sleep spaces or equipment
• new digital platforms
• staffing structure changes
• serious incidents or near misses.

Waiting for the annual review cycle may expose the service to preventable risk.

Embedding policy requires visible and consistent leadership action.

Display key compliance information clearly, including:

• the responsible person
• emergency procedures
• medical alerts.

Visibility reinforces accountability.

Use leadership training sessions to discuss:

• how educators apply policies in practice
• areas of uncertainty
• professional conduct expectations.

Performance conversations should reference documented procedures, particularly where child safety or professional conduct is concerned.

New educators, students and volunteers require structured induction aligned with Regulation 168 policies. This should include:

• practical walkthroughs
• confirmation of understanding
• documented acknowledgement
• 6 month onboarding and induction programs

Annual refreshers strengthen consistency and reduce complacency.

Quality Area 7 expects continuous improvement. Leaders should invite reflection:

• What near misses have occurred recently?
• Did policy support decision making?
• Were any gaps identified?
• What improvements are required?

Reflection transforms compliance into quality improvement.

Leaders must balance accountability with support.

Policies should be:

• written in clear, accessible language
• logically organised
• available digitally and in hard copy
• reinforced through regular communication.

Avoid introducing policy updates without explanation. When amendments occur:

• explain the reason for change
• link the change to child safety or regulatory requirements
• provide opportunity for questions.

Understanding increases ownership.

Approved providers should not assume operational compliance. Oversight mechanisms may include:

• quarterly internal audits
• board-level reporting on policy review status
• compliance dashboards tracking review dates
• documented evidence of implementation activities.

Governance maturity is demonstrated through systematic monitoring, not reactive correction.

Consider the following questions:

• Can the service demonstrate when each mandatory policy was last reviewed?
• Is there evidence that staff understand and apply procedures?
• Are policy updates communicated clearly and promptly?
• Are review triggers identified and acted upon immediately?
• Does leadership model adherence to procedures consistently?

If the answer to any of these questions is uncertain, Regulation 168 may not yet be embedded.

Regulation 168 defines minimum standards. Leadership determines whether those standards are lived.

Approved providers and nominated supervisors who understand their responsibilities treat policy governance as an ongoing discipline. They actively review, test, embed and refine systems.

Compliance should not feel like a burden.

When approached strategically, Regulation 168 becomes a framework that protects children, strengthens culture and reinforces professional accountability across the service.

The responsibility is clear. The opportunity lies in how leadership chooses to respond.