I have been having trouble with publishing this all in one post so here is a continuation of the previous post with some of the key recommendations...
The Report contains 16 (extensive) recommendations to address these issues, including:
Enshrining a child safety culture by amending the NQS.
Amending the National Regulations:
- remove the ability to apply for a waiver, except in exceptional circumstances, under regulation ,115 which requires the Approved Provider to ensure the approved service premises (including toilets and nappy change facilities) are designed and maintained in a way that facilitates supervision of children at all times, having regard to the need to maintain the rights and dignity of children and to strengthen the requirements of the child safe environment policy. To support this for new services, outside of the NQF, review structural building requirements under the National Construction Code (NCC) with the Australian Building Codes Board (ABCB) to ensure building design facilitates unimpeded supervision of children at all times;
- mandate that only service-issued/approved devices may be used in centre-based services when taking images or videos of children, with further requirements for Approved Providers to have strict controls in place for the appropriate storage and retention of images. Further to this, anyone who is working or engaged in a centre-based service in any capacity is prohibited from having personal electronic devices that can take images or video, such as tablets and phones, on their person whilst with children;
- require parental authority to record children, including images and videos, and to clearly state the purpose for which they are to be used, including on any social media platforms;
- Approved Provider to have a policy and procedure in place if they intend using CCTV in an education and care service.
-reduce notification reporting timeframes for any physical and sexual abuse complaints, allegations or incidents to 24 hours (currently 7 days), with consideration being given to incorporating educators in the scope of the penalty provisions for failures to report.
- require Approved Providers of family day care (FDC) services, during the initial assessment of the residence or venue and all subsequent annual visits, to conduct an assessment (including a risk assessment) and approvals of all areas of the residence and place, not just the area being used as part of the approved service (expanding regulation 116).
-require the service environment to be free from e-cigarettes, for example, vaping (expanding regulation 82)
Enable authorised officers’ access to all areas of a FDC residence and venue, not just the area that is being used as part of the approved service (service premises), noting in recognition of privacy concerns the threshold for entry into an FDC residence would need to be determined, for example, conditional on reasonable belief of risk of harm.
Strengthening safeguards at both the pre-service (screening) and inservice phases of employment (monitoring and reporting) for all educators, similar to those safeguards afforded by teacher registration/accreditation schemes. In the interim, amend the National Law/Regulations to reduce complexity, provide clarity and consistency with WWCCs, while taking into account existing jurisdictional legislation, noting where these arrangements are already in place the intent is not to duplicate requirements: clarifying beyond doubt that an Approved Provider cannot allow a person to commence work, or work as a volunteer, in an approved education and care service without a current WWCC or confirmed teacher registration/accreditation; requiring all staff regardless of roles/service types to notify their Approved Provider of a change in status to their WWCC or teacher registration/accreditation obligations and the Approved Provider to notify the Regularity Authority; requiring all centre-based staff to notify the Approved Provider of any circumstance that may affect whether someone is fit and proper to be in the company of children (mirroring the obligations for FDC educators introduced in 2023).
To support pre-service vetting and in-service safeguarding and monitoring, section 166 (inappropriate discipline – corporal punishment and unreasonable discipline) could be expanded to include inappropriate interactions as an offence (definition and guidance to be developed with relevant experts.
Enhancing the ability to prohibit and share information, for example, enabling the Regulatory Authority to share information about a prohibition with a prospective educator’s Approved Provider, without a request being received from the Approved Provider. Additionally, potential expansion of the use of enforceable undertakings with educators, including in situations where the threshold for prohibition is not met, could be used.
Require mandatory child safe training for Approved Providers, Persons with Management or Control (PMCs), nominated supervisors and staff who work with children, including volunteers.
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