Roles and responsibilities
There are a number of positions within early childhood 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. This may be a company, partnership or an individual. |
| Nominated supervisor | Responsible for day-to-day management of a service. |
| Person with management or control | Makes or participates in making decisions that affect the whole, or a substantial part, of the business of the entity; or has the capacity to significantly impact the entity's financial position. |
| Responsible person | Responsible for the operation of the service. One responsible person must be present at all times. A responsible person is:
|
| Person in day-to-day charge | Person in day-to-day charge is the point of contact for parents and staff. |
| Educational leader | Leads the development and implementation of the educational program in the service. |
Persons with management or control
Section 5A of the National Law provides the meaning of a ‘person with management or control’. Each of the following persons is a person with management or control of an education and care service:
- if the provider or intended provider of the service is a body corporate—
- an officer (within the meaning of the Corporations Act 2001 of the Commonwealth) of the body corporate who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and
- any other person who—
- is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or
- has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;
- if the provider or intended provider of the service is an eligible association—
- each member of the executive committee of the association who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and
- any other person who—
- is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or
- has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;
- if the provider or intended provider of the service is a partnership—
- each partner who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and
- any other person who—
- is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or
- has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;
- in any other case, any person who—
- is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or
- has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service.
All persons with management or control of an education and care service must be ‘fit and proper’ persons to be involved in the provision of an education and care service (section 12(2)(a)).
In addition, the approved provider entity itself must also be a fit and proper person to be involved in the provision of an education and care service (section 12(2)(b)). This may include the Regulatory Authority assessing all constituent individual personnel of the approved provider entity for fitness and propriety, regardless of whether the person is determined by the approved provider to be a person with management or control.
Responsibilities of a person with management or control
A person with management or control is responsible for managing the delivery of the service. This person is someone who makes, or participates in making, decisions that affect the whole, or 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.
A person with management or control is responsible for exercising due diligence to ensure that the approved provider complies with, and does not contravene, its obligations under the National Law and Regulations, including putting in place effective governance systems and processes for the operation of the service.
Changes to a person with management or control
An approved provider must notify the Regulatory Authority of any appointment or removal of a person with management or control of a service operated by the approved provider (section 173(1)(b)). This notice must be provided within 14 days of the event or within 14 days of becoming aware of it (regulation 174(1)).
Responsible persons
The National Law requires that 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 service 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 a family day care educator 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 provide written consent to be nominated in that role (section 44).
Minimum requirements for a nominated supervisor are that the person must (regulation 117C):
- be 18 years or above
- have adequate knowledge and understanding of the provision of education and care to children
- have the ability to effectively supervise and manage a service.
Similarly, a person in day-to-day charge must meet minimum requirements (regulation 117B) and provide written consent to be placed in that role (regulation 117A).
Minimum requirements for a person in day-to-day charge include (regulation 117B):
- the person must be 18 years or above
- before placing a person in day-to-day charge, the approved provider or a nominated supervisor must take reasonable steps to ensure the person:
- has adequate knowledge and understanding of the provision of education and care to children
- has the ability to effectively supervise and manage a service.
A service does not need to have a person in day-to-day charge if a nominated supervisor or approved provider is the responsible person at the service.
In relation to a nominated supervisor and person in day-to-day charge, the approved provider (or a nominated supervisor in case of person in day-to-day charge) must have regard to:
- the person’s history of compliance with the National Law, a former education and care services law, a children’s services law and an education law
- any decision under the National Law, or any other children’s services or education law, to refuse, refuse to renew, suspend, or cancel a licence, approval, registration, certification or other authorisation granted to the person
In NSW, nominated supervisors and persons in day-to-day charge must complete a child protection course approved by the NSW Regulatory Authority (section 162A).
All approved providers must keep a record in relation to each nominated supervisor and any persons in day-to-day charge of the service (regulation 177(1)(n)).
Changes to a nominated supervisor
The approved provider must notify the Regulatory Authority if the approved provider wishes to add a new nominated supervisor (section 56). This notice must be given at least 7 days before the individual is to commence work as a nominated supervisor (or as soon as practicable but no more than 14 days after commencement of work as a nominated supervisor).
Where the nominated supervisor ceases to be employed or engaged at the service, is removed from the role, or withdraws consent to the nomination, the approved provider must notify the Regulatory Authority within 7 days of the event or within 7 days of becoming aware of it (section 173(2)(b) and regulation 174(2)(b)).
The approved provider must notify the Regulatory Authority of any change of a nominated supervisor’s name or contact details (section 56A).
Information for people becoming a person with management or control
These resources are strongly recommended for any new person becoming a person with management or control who is seeking information relating to their roles and responsibilities and includes:
- a presentation on the Regulatory Framework and your responsibilities (PDF 2.8 MB)
- a short quiz to test your understanding.
Useful resources for services
Additional resources are available for services: