This page is current as of 1 October 2017.
This page provides information about the requirements of the acceptance and refusal of authorisations policy required under regulation 168(2)(m) of the Education and Care Services National Regulations 2011 (National Regulations).
The approved provider of an education and care service must ensure that the service has in place policies and procedures in relation to the matters set out in regulation 168(2) of the National Regulations. Included in this list is a policy and procedure in relation to the acceptance and refusal of authorisations (regulation 168(2)(m)).
The information to be included in this policy will depend on the ages of the children attending the service and the type of service being operated.
Types of authorisations required under the National Regulations
The details to be recorded on a medication record includes the authorisation to administer medication (including self-administration if applicable) signed by a parent or a person named in the child’s enrolment record as authorised to consent to administration of medication.
Medication may be administered to a
child without an authorisation in case of an anaphylaxis or asthma emergency.
An approved provider may permit a child over preschool age to self-administer medication if:
- an authorisation for the child to self-administer medication is recorded in the medication record for the child; and
- the medical conditions policy of the service sets out practices in relation to self-administration of medication by children over preschool age.
The approved provider, nominated supervisor and family day care educator must make sure that a child being educated and cared for by the service does not leave the premises except where the child:
- is given into the care of a parent, an authorised nominee named in the child’s enrolment record or a person authorised by a parent or authorised nominee; or
- leaves in accordance with the written authorisation of the child’s parent or authorised nominee; or
- is taken on an excursion; or
- is given into the care of a person or taken outside the premises because the child requires medical, hospital or ambulance care or treatment, or because of another emergency.
Authorisation must be given by a parent or other person named in the child’s enrolment record as having authority to authorise the taking of the child outside the premises by an educator. The authorisation must state the information listed in regulation 102(4).
- An authorisation signed by a parent or a person named in the enrolment record as authorised to consent to the medical treatment of the child, for the approved provider, nominated supervisor or an educator to seek:
- medical treatment for the child from a registered medical practitioner, hospital or ambulance service; and
- transportation of the child by an ambulance service; and
- If relevant, an authorisation given under regulation 102 for the service to take the child on regular outings.
The purpose of the policy for acceptance and refusal of authorisations is to ensure that all educators, staff and volunteers of a service are consistent in how authorisations are managed. Generally, the authorisations outlined above will be accepted by the service. However, in exceptional circumstances there may be circumstances where the service refuses an authorisation. Decisions around refusing an authorisation will be made on a case by case basis by the service and some examples of when an authorisation may be refused are outlined below.
|Type of authorisation||
Considerations to be made by service|
Administration of medication (regulation 92)
In what circumstances might an authorisation be refused? For example:
- if someone who has not been listed as authorised to authorise administration of medication to a child, asks the service to administer medication to the child
- if the service is asked to administer medication to a child that is not in accordance with the requirements of regulation 95 such as, being administered from its’ original container.
Self-administration of medication (regulation 96)
- Is the child capable of self-administering?
- Will the service allow all school age children to self-administer?
Children leaving the education and care service premises (regulation 99)
- In what circumstances might an authorisation be refused? For example:
- if the parent or any other authorised nominee or person as listed in regulation 99 does not appear to be fit to take care of the child
- the sibling or older child authorised to take another child out of the service does not appear to be capable
- the child has been given authorisation to leave the service alone, however they do not appear to be capable or the environment they would be in alone is unsafe
- Does the service want to consider consulting the school about their process (if providing education and care on a school site)?
Authorisation for excursions (regulation 102)
In what circumstances might an authorisation be refused? For example:
- if an authorisation received by the service for an excursion does not meet the requirements of regulation 102, such as it appears to not have been signed by a person authorised to sign.
Recording of refusal/s of authorisation
If an authorisation is refused by the service, it is best practice to document:
- the details of the authorisation
- why the authorisation was refused
- actions taken by the service (i.e. if the service refused an authorised nominee named in the child’s enrolment record to collect the child from the service as they were under the influence of alcohol, what action was taken to ensure that the child was collected).
The service’s policy about the acceptance or refusal of authorisations can be documented in a stand-alone policy, or it may be incorporated into other relevant policies required under regulation 168.
For example, information about:
- authorisations for administration of medication or seeking medical treatment may be included in the service’s medical conditions policy; or
- children leaving the education and care service premises may be included in the service’s delivery of children to, and collection of children from education and care service premises policy.
This information could be included in the relevant policies as listed above, with a separate heading/section to specify that it relates to the refusal of an authorisation.
However, not all of the authorisations will apply to all service types. For example, a policy in relation to the acceptance and refusal of authorisations for the self-administration of medication would not be required for a service that does not allow for self-administration of medication in their medical conditions policy (regulation 90). The self-administration of medication is only applicable to children over preschool age and it would not be expected that a service that only provides education and care to children preschool age or under to have a policy in relation to the acceptance and refusal of authorisations for a child to self-administer medication.