Roles and responsibilities

There are a number of positions within education and care services that are responsible for the day-to-day management of the service. These positions drive leadership of the service, which is important to empower and develop the staff and ultimately the children attending the service.

Key positions in early childhood education and care services may be shared, and a person may hold more than one position. The main roles include:

Role Responsibility
Approved provider Legal entity with ultimate legal responsibility for a service
Nominated supervisor Responsible for day-to-day management of a service.
Persons with management and control Participates in decision-making that affects a substantial part of the service or has capacity to significantly impact the financial position.
Responsible person One responsible person must be present at all times and is responsible for the operation of the service.
Person in day-to-day charge Person in day-to-day charge
Educational leader Responsible for the delivery of the educational program
Room leader Responsible for the delivery of the educational program within a room or learning environment.

Persons with management or control

  • A person with management or control may include:
  • For a company, it means an officer, which includes the director, secretary and other people participating in decision-making that affects at least a substantial part of the company’s business or who have capacity to significantly impact its financial position, as defined under The Corporations Act 2001 (Cth).
  • For incorporated associations, it generally means the executive members of the committee, such as the president, treasurer and secretary, depending
    on how the association is set up. It could also be key employees within the service, like the service director.
  • For unincorporated associations, it generally means the members of the association.
  • For a partnership, it generally means all partners in the partnership.

Where individuals are approved providers, they will also be persons with management or control. All persons with management and control must be approved as ‘fit and proper’ persons to manage a service. Corporations identify these persons.

Every other individual involved with the legal entity, including all committee members, will also need to be confirmed as a “fit and proper” person, including completing a criminal history check and working with children check.

Responsibilities of a person with management or control

This is the person who, whether alone or with others, is responsible for managing the delivery of the service. This person participates in decision-making that affects a substantial part of the provider’s business or has the capacity to significantly impact the provider’s financial position. They have the same legal responsibilities as approved providers.

Responsibilities cover three main areas – health and safety, staffing and documentation.

Many tasks are completed jointly with the nominated supervisor(s). The nominated supervisor(s) may or may not be a person with management and control, depending on how the service is structured.

Responsible persons

A responsible person must be present at all times a centre-based service is educating and caring for children. A responsible person can be one of the following (section 162):

  • the approved provider or a person with management or control of the provider if the approved provider is not an individual
  • the nominated supervisor of the service
  • a person in day-to-day charge of service.

The approved provider of a family day care service must ensure a support person is available at all times that the service is delivering education and care (section 164).

A support person can be:

  • the approved provider, or a person with management or control of the family day care service, if the approved provider is not an individual
  • the nominated supervisor of the service
  • a person in day-to-day charge of the family day care service.

The support person may provide support to family day care educators by phone.

Nominated supervisors and persons in day-to-day charge

The approved provider must not operate a service without at least one nominated supervisor for that service (section 161). The nominated supervisor must meet minimum requirements (section 161A) and consent to be nominated in their role in writing (regulations 24).

Similarly, a person in day-to-day charge must meet minimum requirements and consent to be placed in their role in writing (regulations 117B and 117A).

Minimum requirements include (regulations 117A and 117B):

  • be 18 years or above
  • have adequate knowledge and understanding of the provision of education and care
  • have the ability to effectively supervise and manage a service.

In relation to a nominated supervisor and person in day-to-day charge, the approved provider must have regard to their history of compliance with any current and previous education and care services law or education law.

All approved providers must keep a record in relation to each nominated supervisor and any persons in day-to-day charge of service (regulation 177(1)(n)).

Return to top of page Back to top