Compliance focus – learnings to enhance your practice in 2024
We share resources to support services uplift their quality practice and compliance in areas the sector finds challenging.
11 March 2024
Compliance data gathered by the NSW Department of Education, as the NSW Regulatory Authority for early childhood education and care (ECEC), provides valuable insight into areas of the Children (Education and Care Services) National Law (NSW) and Education and Care Services National Regulations services find challenging.
The NSW Regulatory Authority collects data in a variety of ways, including during compliance and monitoring visits, assessment and rating, and via service notifications. An analysis of this data is used for a number of purposes, including to understand service behaviours and practices in relation to the National Quality Framework (NQF), and support operational planning and decision-making within the NSW Regulatory Authority.
We also use the data to develop tailored guidance and resources to support services to better understand their regulatory requirements and drive quality improvement across the sector.
Drawing on learnings from 2023 compliance data, here are 5 key regulatory areas ECEC services should consider as they reflect on ways to enhance their practice throughout the year ahead. We’ve also compiled consideration points and resources to support you to drive improvements in these regulatory areas.
Identified regulatory areas of improvement for 2024
Section 167 (National Law) – Offence relating to protection of children from harm and hazards.
Regulation 97 – Emergency and evacuation procedures.
Regulation 103 – Premises, furniture and equipment to be safe, clean and in good repair.
Regulation 170 – Policies and procedures to be followed.
Section 165 (National Law) – Offence to inadequately supervise children.
Harm and hazards
- Section 167 Offence relating to protection of children from harm and hazards.
- Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair.
Developing effective and robust risk management processes is essential to creating a culture of children’s safety and wellbeing within your service. Reflecting on your policies and procedures with service staff is also critical and will help ensure they are current, fit for purpose and in line with requirements under the NQF.
Risks in ECEC services are dynamic and require a proactive, coordinated approach. All ECEC professionals play a vital role in identifying, minimising and managing potential risks and hazards in service settings to ensure everyone’s safety.
Consideration points
How do you engage children in conversations about potential risks or hazards? How are they supported to be proactive in caring for themselves and each other?
How have you made your policies and procedures easy to understand, concise, and accessible to staff at all times?
How are actions taken resulting from daily safety checks of buildings, equipment and the general service environment communicated with staff?
- Read our article Compliance focus – harm and hazards in the physical environment.
- Watch our November 2023 ECE Connect Exploring risk in ECEC settings session.
- Download ACECQA’s Risk assessment and management tool on its Quality Area 2 – Children’s health and safety webpage.
Emergency preparedness
- Regulation 97 Emergency and evacuation procedures.
Having clear emergency management procedures is key to ensuring the health and safety of children, families and staff should an emergency occur at your service.
In NSW, all ECEC services are required to have an emergency management plan (EMP). A well-developed EMP will help service leaders and educators identify possible emergencies that may occur in their setting, the potential impacts, and how to prepare for and respond to these events.
An EMP should detail a service’s emergency response and evacuation procedures and contain a site-specific risk assessment, clearly defined roles and responsibilities, and other critical information staff need to effectively manage emergency incidents and safeguard children, their colleagues and others from harm.
Consideration points
How do you ensure your EMP is up to date (e.g. include updated key contact details)?
Is your service located in a multistorey building? If so, do your emergency and evacuation procedures meet the updated requirements for multistorey buildings?
How are children involved in conversations in preparing for emergencies?
How are staff made aware of their roles, responsibilities and required actions during an emergency event? Does this consider all potential emergencies relevant to your service?
Read our articles Compliance focus – Emergency planning and management and Tips to meet Standard 2.2: protecting children through effective supervision and emergency management.
Watch our November 2023 ECE Connect session, Emergency management: be prepared!
Visit our Emergency planning video modules webpage.
Policies and procedures
- Regulation 170 Policies and procedures to be followed
Under the Education and Care Services National Regulations, approved providers must ensure policies and procedures relating to a range of areas are in place at their service (regulation 168). However, socialising and reflecting on policies and procedures with service staff and ensuring they are effectively implemented are also key.
Policies and procedures establish a clear understanding of what is expected of staff and standard processes and practices they should implement to support service operations. They ensure consistency in behaviours, practice and quality. When policies and procedures are not followed, risks of harm and hazard may increase.
Discover guidance and resources on our Developing policies and procedures webpage.
Browse ACECQA’s Preparing NQF policies and procedures information sheets, including Six reasonable steps to ensure staff follow policies and procedures (PDF 606 KB).
Supervision of children
- Law 165 Offence to inadequately supervise children.
Effective supervision is pivotal to creating environments where children are safe and supported while in the care of a service.
Observing and assessing children’s behaviour and the physical and social environment for risks and hazards is just one aspect of effective supervision. It also involves carefully planning rosters to ensure educator ratios are maintained at all times and being responsive to and actively engaging with children to support their learning, agency and wellbeing, among other strategies.
Consideration points
What are your service’s processes to inform new or relieving educators of the service’s supervision arrangements?
How do your educators balance both observing and engaging with children in your service?
How do your practices allow educators to complete administrative work, programming tasks or education while maintaining effective supervision?
How and when are your supervision practices reviewed, discussed and adjusted to meet changing needs?
- Access guidance on our Staff ratios and adequate supervision webpage.
- Engage with the resources in our OSHC Supervision Toolbox.
- Read our article Tips to meet Quality Area 2 – Effective injury management.
- Complete ACECQA’s Approved provider – Staffing e-learning module.
- Download ACECQA’s Active supervision: Ensuring safety and promoting learning (PDF 910 KB) information sheet.
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