Who’s who in family day care?

This page is current as of 1 October 2017.

This fact sheet 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) in relation to family day care services.

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 family day care venue

section 5

A place (other than a residence) approved under section 50A or 54(8A) as a family day care venue for an approved family day care service. 

A family day care service may operate at a venue only in exceptional circumstances and if approved by the regulatory authority.

All approved venues must be included on the service approval, either when the service approval is first granted, or later through an amendment to the service approval.

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.

Decisions about a responsible person will be made by approved providers at the service level.

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.

Criminal history requirements

section 173, Regulations 145, 146, 147, 154, 163, 358, 359

​To meet the requirements of the National Law and National Regulations, approved providers, nominated supervisors, persons in day-to-day charge, family day care educators, family day care educator assistants and persons aged 18 years or over residing in the family day care residence are required to have a Criminal history record check and/or a Working with Children check.

A Criminal history record check is a certificate that outlines the criminal history status and the criminal history of the applicant including any disclosable outcomes.

A Working with Children Check notice, certificate or other document is granted to, or with respect to, a person under a working with children law to the effect that—

  • the person has been assessed as suitable to work with children; or

  • there has been no information that if the person worked with children the person would pose a risk to the children; or

  • the person is not prohibited from attempting to obtain, undertake or remain in child-related employment.

Note

Persons who are registered as a teacher with the VIT in accordance with the Education and Training Reform Act 2006 are not required to have a current Working with Children Check. Instead, the person's teacher registration must be confirmed as current via the VIT Register, available at: Victorian Institute of teaching

You can find more information in the Criminal history requirements fact sheet.

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.

Family day care
co-ordinator
section 5

A person employed or engaged by an approved provider of a family day care service to monitor and support the family day care educators who are part of the family day care service.

Family day care educator

section 5, regulation 143

An educator engaged by or registered with a family day care service to provide education and care for children in a residence or at an approved family day care venue.

An educator engaged by or registered with a family day care service to provide education and care for children in a residence or at an approved family day care venue.

New minimum requirements for a family day care educator as of 1 October 2017

The approved provider must take reasonable steps to ensure that a person being engaged as an educator has adequate knowledge and understanding of the provision of education and care to children.

The approved provider must also consider:

  • 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.

Existing minimum qualification requirements still apply.

The approved provider must take reasonable steps to ensure that each educator maintains adequate knowledge and understanding of the provision of education and care to children.

Family day care educator assistant

section 5, section 164A(1), 164A(2)

A person engaged by or registered with a family day care service to assist family day care educators under specific circumstances outlined in regulation 144.

Note: Approved provider must approve a person to assist a family day care educator in providing education and care to children. An approved provider cannot approve an educator assistant unless the FDC educator provides the written consent of a parent of each child to the use of an assistant in the circumstance set out in r144(2).

Family day care residence

section 5

A residence at which a family day care educator educates and cares for children as part of a family day care service.

Family day care service

An education and care service that

  • is delivered through the use of two or more educators to provide education and care for children; and
  • operates from two or more residences

Note

A family day care service that is an approved family day care service may provide education and care to children from a family day care residence or an approved family day care venue.

Nominated supervisor

section 5 and 161

an individual who

  • is nominated by the approved provider of the service under Part 3 to be a nominated supervisor of that service; and
  • unless the individual is the approved provider, has provided written consent to that nomination;

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

Office

Office, in relation to a family day care service, means:

  • the principal office of the service; or 
  • the principal office of the approved provider of the service; or 
  • any other business office of the approved provider of the service; or
  • any premises of the service from which the service's family day care educators are co-ordinated

Person in day-to-day charge

Regulations 117A and 117B

​An approved provider or a nominated supervisor can appoint a person in day-to-day charge of a family day care service. A person in day-to-day charge of an education and care service must consent to the appointment in writing.

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; or
  • 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; or
  • 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; or
  • (d) 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 provider and service approvals
  • carrying out the quality assessment and rating process
  • ensuring education and care services meet the requirements of the National Law and National Regulations.
Staff member

Any individual (other than the nominated supervisor or a volunteer) employed, appointed or engaged to work in or as part of an education and care service, whether as family day care co-ordinator, educator or otherwise.

Support person (Family Day Care)

section 164

A support person in family day care can be:

  • 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 in day-to-day charge of the family day care service.

    The support person may provide support to family day care educators by phone.
Working with children check

A notice, certificate or other document granted to, or with respect to, a person under a working with children law to the effect that—

  • the person has been assessed as suitable to work with children; or
  • there has been no information that if the person worked with children the person would pose a risk to the children; or
  • the person is not prohibited from attempting to obtain, undertake or
  • remain in child-related employment.