Who’s who in the National Quality Framework?

This page is current as of 1 October 2017.

This page outlines the definitions relating to persons and their titles under the Education and Care Services National Law Act 2010 (National Law) and the Education and Care National Regulations 2011 (National Regulations).

​Title​Definitions
​ACECQA
section 225

​Australian Children’s Education and Care Quality Authority (ACECQA) is an independent national authority, based in Sydney. It is led by a CEO and guided by a 13 member governing Board whose members were nominated by each state and territory and the Commonwealth. Board members serve three year terms.

One of ACECQA’s many roles is to educate and inform the wider community about the importance of improving outcomes in children’s education and care. ACECQA guides the implementation of the National Quality Framework for Early Childhood Education and Care nationally.

​Approved provider
section 18

​Person or legal entity who holds a provider approval which enables them to apply for and hold a service approval(s).

​Authorised officer
section 195

​An authorised officer, under the National Law, is authorised to carry out a variety of functions on behalf of their regulatory authority. Authorised officers are employed by state and territory regulatory authorities to perform functions such as:

  • monitor and enforce compliance
  • rate services for quality 
  • investigate incidents and complaints.
​Children

​One of the objectives of the National Quality Framework is to ensure the safety, health and wellbeing of children attending education and care services and to improve the educational and developmental outcomes for children attending education and care services.

Family members/ guardians/parents
sections 5, 76, 86, 91 and 157

​The term ‘parent’ is used in the National Law to include a guardian of a child and a person who has parental responsibility for the child under a decision or order of a court.

Parents must be provided with certain information by the approved provider of a service which their child attends.  This includes being notified of any incidents, injury, trauma or illness their child experiences, information about the educational program, and if the service or provider approval is cancelled. 

Approved providers, nominated supervisors and family day care educators must allow parents access to the service at any time their child is being educated and cared for by the service (except where allowing access would pose a risk to the safety of children or staff at the service, would conflict with another duty of the approved provider, nominated supervisor or family day care educator, or would contravene a court order). 

Parents must give their authorisation for their child to attend excursions or to leave the service with another adult.

​Nominated supervisor
section 5 and 161

Nominated supervisor, in relation to an education and care service, means a person—

  • who is nominated by the approved provider of the service under Part 3 to be the nominated supervisor of that service; and
  • who has consented to that nomination.

An approved provider can nominate one or more individuals to be nominated supervisors at the service, but they must:

  • be 18 years or over;
  • have adequate knowledge and understanding of the provision of education and care to children; 
  • have an ability to effectively supervise and manage an education and care service;
  • have successfully completed child protection training

The name of each nominated supervisor must be displayed so it is visible from the service’s main entrance.

Note: A person may be both the nominated supervisor of a family day care service and the family day care co-ordinator for that service if the person meets the criteria for each role.

Person in day-to-day charge

Regulations 117A and 117B

​A person placed in day-to-day charge must consent to the appointment in writing.

When appointing a person in day-to-day charge, the approved provider must have regard to:

  • the person’s history of compliance with the National Law and other relevant laws
  • any decision under the Law to refuse, suspend, refuse to renew, or cancel a licence, approval, registration, certification or other authorisation granted to the person under the National Law and other relevant laws.

A person who previously consented to be in day-to-day charge of the service will not need to provide consent again from 1 October 2017

​Person with management or control
section 5

Person with management or control, in relation to an education and care service, means—

  • if the provider or intended provider of the service is a body corporate, an officer of the body corporate within the meaning of the Corporations Act 2001 of the Commonwealth who is responsible for managing the delivery of the education and care service
  • if the provider of the service is an eligible association, each member of the executive committee of the association who has the responsibility, alone or with others, for managing the delivery of the education and care service
  • if the provider of the service is a partnership, each partner who has the responsibility, alone or with others, for managing the delivery of the education and care service
  • in any other case, a person who has the responsibility, alone or with others, for managing the delivery of the education and care service.
Regulatory authority
section 260

​The Department of Education and Training is the regulatory authority for Victoria and is responsible for:

  • granting service and provider approvals
  • carrying out the quality assessment and rating process
  • ensuring education and care services meet the requirements of the National Law and National Regulations.
Responsible person
section 162

​Centre-based services must have a responsible person present at all times that the service is delivering education and care.  The responsible person is the person in day to day charge at the service and can be one of the following:

  • the approved provider, if the approved provider is an individual, in any other case, a person with management or control of an education and care service operated by the approved provider
  • the nominated supervisor of the service
  • a person placed in day-to-day charge of the service.

The approved provider or the nominated supervisor must take reasonable steps the ensure a person placed in day-to-day charge meets minimum requirements. To be appointed as a responsible person, they must:

  • be 18 years or older
  • have adequate knowledge and understanding of the provision of education and care to children
  • have an ability to effectively supervise and manage an education and care service
  • have given written consent

The requirement to have a responsible person does not apply to family day care services.

​Support person (Family Day Care)
section 164

​Family day care services must have a support person available at all times that the service is delivering education and care.

Who can be a support person?

  • the approved provider, if the approved provider is an individual, or a person with management or control of the family day care service, in any other case
  • the nominated supervisor of the service
  • a person who has been placed in day to day charge of the family day care service.

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