Regulatory Compliance Tool for Fairfield City Council Children and Family Services

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Part 4.1 Educational Program and Practice

Reg 73(2) Does our program contribute to the five ELYF Outcomes for each child?
Sense of identity?
Contributes to his/her world?
Strong sense of wellbeing?
Confident and involved learners?
Effective communicator?
Reg 74(1)(2) Documenting of child assessments or evaluations for delivery of educational program
(A) Evidence of each child's developmental needs, interests and participation in the developmental program
(B) evidence of assessments of the child's progress against the outcomes of the educational program?
(C) Is your program accessible and easily understood by educators and families?
Reg 75(a) Information about educational program to be kept available
Is the program on display?
Reg 76. Information about educational program to be given to parents
Are parents provided with information about the program and their child's participation?

Part 4.2 Children's Health and Safety

Reg 77(1)(2) Health, Hygiene and safe food practices

Safe handling for preparing and storing food?
Have we ensured health and hygiene practices have been implemented?
Are health and hygiene practices adequate?

Reg 78(1)(2) Service providing food and beverages

Are we providing all children with safe drinking water at all times?
Are we offering children food and beverages appropriate to the needs of each child on a regular basis throughout the day?

Reg 79 Food and Beverages / Reg 80(1)(2) Weekly Menu

Food and beverages provided are:
Nutritious and adequate in quantity
Chosen in relation to dietary guidelines
Take into account the individual growth and developmental needs of each child
Consider the cultural and religious requirements of children
Is the menu always on display and accessible?
Does the menu accurately describe the food and beverages being provided by the service?

Reg 81(1)(2) Sleep and rest

Do we cater for the individual sleep and rest needs of each child?

Reg 82(1) Tobacco, drug and alcohol free environment

Is our environment free from the use of tobacco, alcohol and illicit drugs?

Reg 83(1)(2) Staff members and family day care educators not to be affected by drugs and alcohol

Have we ensured ALL staff and volunteers are not affected by alcohol and/or illicit drugs and that these are not consumed on the premises?

Reg 84 Awareness of child protection law

Are the nominated Supervisor and ALL staff members aware of Children and Young Persons (Care and Protection) Act 1998 No 157 (parts to report 23 and 27of the Act)?
Are ALL staff aware of their obligations under this law and Mandatory Reporter protocols?

Reg 85 Incident, Injury, trauma and illness policies and procedures

Do we have a policy and procedure on handling incidents, injuries, illness and trauma?

Reg 86 Notification to parents of incident, injury, trauma and illness

Can ALL staff explain how you notify parents of any case of incident, injury, illness or trauma?

Reg 87 Incident, injury, illness and trauma record

Do we keep accurate records?

Reg 88(1)(2) Infectious diseases

Do we take action to prevent the spread of infectious diseases? Are parents notified of outbreaks?

Reg 89(1) First Aid Kits

Are there enough suitably equipped first aid kits available?
Does our first aid kit have a recognisable sign?
Is the first aid kit easily accessible to all staff?
Are regular WHS 3.1.10 Continuous Improvement inspections occurring?
Are First Aid Kit inspection forms completed regularly?

Reg 90(1)(2)(3) Medical conditions policy

Do we have a medical conditions policy?
Are parents and staff aware of this policy?
Can ALL staff explain how they minimise risks to children?
Have parents provided the service with a medical management plan for any health care needs?
Do staff know the location of medical management plans and are they easily accessible?
Is there an established procedure to ensure children diagnosed with medical condition or health care needs, including allergies, are attending the centre with medication prescribed by health care professionals?
Does the service have a communication plan for all staff and volunteers to be informed about the medical conditions policy, medical management plans, and risk immunisation plan for each child diagnosed with a medical condition or health care need?

Reg 91 Medical conditions policy to be provided to parents

Has each parent been provided with a copy of the medical conditions policy document?
Are all staff aware of how we ensure every parent receives a copy of this policy?

Reg 92 Medication record

Does our medical Record form contain all the information stipulated in Regulation 92?

Reg 93(1)(2)(3) Administration of medication / Reg 94 Procedure for Administration of medication

Do we have an authorisation to administer medication to a child?
Have you provided families with a Monitoring form and short term medication form after administration of medication?

Reg 94(1)(2)(3) Exception to authorisation requirement - anaphylaxis or asthma emergency

Are staff aware that in an emergency situation, medication for asthma and anaphylaxis can be given to a child without a signed Medication Record?
Have parents been made aware of this?

Reg 96 Self-administration of medication (FDC ONLY)

Are staff aware the children over preschool age can self administer medication, and children in their service, preschool age and below, are not permitted to do so?

Reg 97(1)(2)(3)(4) Emergency and evacuation procedures

Is a copy of our emergency and evacuation procedures on display at each exit?
Do we rehearse emergency evacuation procedures monthly as per QMPOL-CS-011 Emergency and Evacuation Policy?
Are all evacuations documented ?

Reg 98 Telephone or other communication equipment

Does the service have access to an operating telephone at all times?

Reg 99(1)(2)(4) Children leaving the education and care premises

Do children only leave the premises:
With an authorised person (parent or authorised nominee ?
When a child needs medical, hospital or ambulance care or treatment?
When parent has authorised child's attendance at an excursion?
For any other emergency?

Reg 100, 101, 102 (1)(2)(3)(4)(5). Risk assessment must be conducted before excursion

Do staff conduct risk assessments before excursions using WHS-03.1.5
Do staff complete a Pre-Excursion Checklist (QMF-CS-030) for each excursion?
Do all children have an Excursion Authority form completed for each excursion?
**IF REGULAR OUTINGS ARE BEING CONDUCTED AT LEAST ONCE A MONTH, AUTHORISATIONS ARE ONLY REQUIRED ONCE EVERY 12MONTHS**

Part 4.3 Physical Environment

Reg 103 - Premises, furniture and equipment to be safe, clean and in good repair

Are premises, furniture and equipment safe, clean and in good repair?
AM/PM Checklists completed daily?

Reg 104 - Fencing

Are all outdoor spaces enclosed by a fence or barrier that is of height and design that children cannot go through, over and/or under it?

Reg 105 - Furniture, equipment and materials

Do all children have access to developmentally appropriate furniture and equipment?

Reg 106 - Laundry and hygiene

Does the service have access to a laundry?
Does the service provide a hygienic facility for storage of soiled clothing, nappies and linen?

Reg 109 - Toilet and hygiene facilities

Are the toilet and washing facilities provided both adequate and developmentally appropriate for young children?
Is the access convenient and safe?

Reg 110 - Natural light and ventilation

Are indoor spaces well ventilated?
Is there adequate natural light in indoor play spaces?
Is the environment maintained at a temperature that ensures the safety and wellbeing of all children?

Reg 111- Administration space

Is there an adequate space for administration, consulting with parents of children and for conducting private conversations?

Reg 112 - Nappy changing facilities

Adequate and appropriate hygienic area for nappy changing
Ensures that for children under the age of 3 there is a properly constructed nappy change bench
Adult hand cleaning facilities are in the immediate vicinity of the nappy change area
Nappy changing facilities are designed, located and maintained in a way that does not compromise supervision of children, and prevents unsupervised access by children

Reg 113, 114 - Outdoor space, Shade

Does the centre have adequate outdoor space that allows children to explore and experience their natural environment?
Is there adequate shaded areas outside?

Reg 115 Supervision

Premises are designed and maintained in a way that facilitates supervision of all children at all times
The rights and dignity of each child are maintained at all times

Part 4.4 Staffing Arrangements

Reg 118 Educational Leader

A suitably qualified and experienced educational leader is appointed in writing

Reg 122, 123 Educator to child ratios

Are educator-to-child ratios calculated based on the educators directly working with the children?
Children from birth to 24 months is calculated at 1:4
Children from 24 months to 36 months is calculated at 1:5
Children from 36months and over is calculated at 1:10
**WITH MIXED AGE GROUPS, THESE RATIOS MUST BE FOLLOWED IN ACCORDANCE WITH REGULATION 123

Reg 125 Qualifcations

Nominated Supervisor ensures that each educator meets the qualification requirements relevant to the role
Staff are appropriately qualified with approved First Aid qualifcations
All staff qualifcations are approved by ACECQA

Reg 132 Requirements for early childhood teachers - centre based services - 25 to 59 children

Are there the appropriate number of ECTs on the premises?

Reg 135 Early childhood teacher absences

Are absent ECTs replaced by appropriately qualified staff?

Reg 136 First Aid qualifcations

Is there at least one staff member or one nominated Supervisor who holds a current approved first Aid qualification ?
Is there at least one staff member or one nominated Supervisor who holds a current approved anaphylaxis management qualification ?
Is there at least one staff member or one nominated Supervisor who holds a current approved emergency asthma management qualification ?

Reg 145 Staff records

Is a staff record kept for each staff member, including information for reg 146, 147, 148 and 149(1)?

Reg 146 Nominated Supervisor

Does the staff record contain the following
Full name, DOB, address
Relevant qualifications held by the NS
Evidence of any approved training (including first Aid training) held by the NS
Working with Children Check number is current and validated
If NS is an ECT, proof of teacher registration , teacher registration number and expiry of the registration

Reg 147 Staff members

Does the staff record contain the following information for each staff member
Full name, address, DOB
Relevant qualifications held
Evidence of any approved training including first aid training, held by the staff member
Working with Children Check number is current and validated
If staff member is an ECT, proof of teacher registration , teacher registration number and expiry of the registration

Reg 148 Educational Leader

Does the staff record of the EL include the person designated as the EL in accordance with Reg 118?

Reg 149 Volunteers and students

Is there a staff record of each volunteer or student that participates in the service, includes their full name, address and DOB
Have we ensured a record has been kept for each day the student or volunteer participates in the service, and includes the date and hours of participation?

Reg 150 Responsible Person

Does the staff record include the name of the responsible person at the centre based service for each time that children and being educated and cared for by the service?

Reg 151 record of educators working directly with the children

Have we recorded the name or each educator working directly with the children, and the hours each educator is working with the children?

Reg 152 Record of access to Early Childhood Teacher

Have we ensured that a record is kept of the period that an early childhood teacher is in attendance at the service?

Part 4.5 Relationships with children

Reg 155 Interactions with children

Have we taken reasonable steps to ensure that education and care is provided in a way that
Encourages children to express themselves and their opinions?
Allows the children to undertake experiences that develop self-reliance and self-esteem?
Maintains at all times, the dignity and rights of each child?
Gives each child positive guidance and encouragement towards acceptable behaviour?
Has regard to the family and cultural values, age and physical and intellectual development and abilities of each child being educated and cared for by the service?

Reg 156 Relationships in groups

Have we taken reasonable steps to ensure children are provided with opportunities to interact and develop respectful and positive relationships with each other and with staff members and volunteers at the service?
Have we considered the size and composition of the groups of which children are a part?

Part 4.6 Collaborative partnerships with families and communities

Reg 157 Access for parents

Have we ensured that a parent of a child being educated and cared for at the service, many enter the premises at any time the child is being educated and cared for?
Despite this regulation, are ALL staff aware that the approved provider, Nominated Supervisor or FDC educator is not required to allow a parent to enter the education and care service premises if
Permitting the parents entry would pose a risk to the safety of the children and staff at the service
The providers supervisor or FDC educator reasonably believes that permitting the parent's entry would contravene a court order

Part 4.7 Leadership and management

Reg 158 Children's attendance records to be kept by the approved provider

Have we ensured that for EACH CHILD a record of attendance is kept, and contains the following information:
The full name of each child attending the service
Records the date and time each child arrives and departs
Is signed by either the person who delivers the child to/collects the child from the service OR a nominated supervisor or an educator

Reg 160 Child enrolment records to be kept

Does a record for each child exist, and contain the following information
The full name, DOB and address of the child
The name, address and contact details of each known parent of the child
any person who is to be notified of an emergency involving the child if any parent of the child cannot be contacted immediately
any person who is an authorised nominee, and any person who is authorised to consent for medical treatment of, or to authorise medication to the child
Any person who is authorised to take the child outside of the education and care service premises
Details of any court orders or parenting plans relating to power, duties, responsibilities or authorities in any person in relation to the child's access
Child's gender
Language used in the child's home
Cultural background of the child and, if applicable, the parents
Special considerations for the child eg dietary, religious or cultural, additional needs
Authorisations set out in regs 161-162

Reg 161 Authorisations to be kept in enrolment record

Does each child's enrolment records contain the following signed authorisations
An authorisation to medical treatment for the child
An authorisation to seek medical treatment by a registered medical practitioner, hospital or ambulance
An authorisation for the child to be transported by an ambulance service
An authorisation for excursions and regular outings (reg 102)

Reg 162 Health information to be kept in enrolment record

Does each child's enrolment record contain the following information
The name, address and telephone number of the child's registered medical practitioner or medical service
The child's Medicare number (where available)
Details of any specific healthcare needs including medical conditions and allergies
A Medical Management plan, anaphylaxis medical management plan or risk minimisations plans to be followed with respect to medical conditions and allergies
Details of any dietary restrictions for the child
The immunisation status of the child, and whether or not an immunisation record has been sighted

Reg 167 Record of service compliance

Is there a current Record of Service Compliance register at the centre?

Reg 168 Education and care service must have policies and procedures

Do we have policies and procedures in place in relation to the following:
Nutrition, food and beverages, dietary requirements;
Sun protection;
Water safety, including safety during any water-based activities
The administration of first aid
Sleep and rest for children
Incident, injury, trauma and illness procedures complying with Reg 85
Dealing with infectious disease, including procedures for compliance with Reg 88
Dealing with medical conditions in children including the matters set out in Reg 90
Emergency and evacuation including matters set out in reg 97
Delivery and collection of children including compliance with Reg 99
Providing a child safe environment
Staffing including code of conduct, determining the responsible person at the service, and the participation of students and volunteers at the service
Interactions with children
Enrolment and orientation
Governance and management of the service including confidentiality of records
Acceptance and refusal of authorisations
Payment of fees and provision of a statement of fees charged by the service
Dealing with complaints

Regs 170-172 Policies and procedures

Are all staff aware of all the policies and procedures?
Do staff follow all policies and procedures as set out in Reg 168?
Are copies of all polices and procedures kept at the service and are readily available?
Are families provided with at least 14 days notice before making any changes that will affect the way fees are charged or collected? Or any impact on the way the sevice is delivered

Reg 173 prescribed information to be displayed

The following prescribed information is to be on display at all times:
The provider approval, including the name of the approved provider, provider approval number and any conditions on the provider approval
The service approval, including the name of the approved service, the service approval number and any conditions on the approval
The name of each nominated supervisor
The quality rating for the service, including the overall rating and the rating for each quality area
In relation to any service waivers or temporary service waivers held by the service, including the NQS elements and regulations that have been waived, the duration of the waiver and whether the waiver is a service waiver or temporary waiver
The hours and days of operation of the education and care service
The name and telephone number of the person at the education and care service to home complaints may be addressed
The name of the responsible person in charge and the educational leader of the service
The contact details of the NSW Department of Education
IF APPLICABLE: Stating that a child who has been diagnosed as at risk of anaphylaxis is enrolled at the service
IF APPLICABLE: notice stating that there has been an occurrence of an infectious disease at the service premises

Reg 180 Evidence or prescribed insurance

Is there a current copy of prescribed insurances at the service?

Reg 181 - 184 Confidential storage or records

Are records maintained by service confidentially stored in a safe and secure place?
Do we ensure all information on each child is not divulged or communicated, directly or indirectly, to another person other than-
To the extent necessary for the education and care or medical treatment of the child to whom the information relates?
A parent of the child
An officer from regulatory authority
Are records related to incident, illness, injury or trauma suffered by child while being educated and cared for by the service, kept until the child is aged 25 years?
Are records that relate to the death of a child, that may have occurred as result of being cared for and educated at the service, kept until 7 years after the death?
Are any other child-related records kept until three years after the child's last day of attendance at the service?
Are records relating to a nominated supervisor or staff member of an education and care service, until the end of three years after the last day on which the nominated supervisor or staff member provided education and care on behalf of the service?
NOTE: Other legislation may apply - please refer to QMP-CS-010 Records required to retained with file numbers

Reg 185 Law and Regulations to be available

Is there a copy of the National Education and Care regulations of the premises?
Is there a copy of the national law on the premises?