6. Department of Education and Early Childhood Development
The Department of Education and Early Childhood Development (DEECD) Office for Children and Portfolio Coordination (OCPC) will continue to use the DHS Service Agreement Management System (SAMS) for 2010-2011. Much of the content of this kit remains relevant to OCPC and the organisations it funds.
This section provides information on the DEECD policies and instructions relevant for funded sector services. In some instances policies developed by the Department of Human Services (DHS) will be relevant to DEECD funded organisations.
The following DHS policies and section are applicable to DEECD funded organisations:
- Fire risk management: Refer to section 5.1
- Responding to allegations of physical or sexual assault: Refer to section 5.4
Also note that protocols exist between DHS child protection and licensed children's services (Protecting the safey and wellbeing of children and young peple a joint Protocol between the Department of Human Services Child Protection and DEECD Licensed Children's Services and Victorian Schools) and Victoria Police and licensed children's services (Children's Services Protocol between the Department of Human Services and Victoria Police 2006) providing processes to be followed in the case of allegations of physical and/or sexual assault. NB: This protocol is currently being updated. - Occupational health and safety: Refer to section 5.7
- Workcover: Refer to section 5.8
- Victorian Charter of Human Rights and Responsibilities: Refer to section 5.9
- Whistleblower Protection Act: Refer to section 4.9
As well as the Whistleblower Protection Act 2001, DEECD provides further information about making a protected disclosure at the following web page: http://www.eduweb.vic.gov.au/hrweb/workm/other/whistle.htm - Ethical purchasing policy. Refer to section 4.16
Asbestos risk management
DEECD funded organisations acting as the employer who manages or controls workplaces of the site, have specific duties under the Occupational Health and Safety Act 2004 (Duty of Care) to employees, clients, visitors, contractors and subcontractors entering or working at the site). In particular, Part 4.3 of the Occupational Health and Safety Regulations 2007 requires the building owner or the Facilities Manager to have a current Division 5 Asbestos Register and where applicable a Division 6 Asbestos Register for the worksite.
Incident reporting system
The Department of Human Services revised Incident reporting instruction 2008, sets out the reporting requirements for incidents involving clients in all directly managed services and specified funded services.
The revised instruction has removed from scope, services provided or funded by the DEECD Office for Children and Portfolio Coordination (OCPC) including Licensed Children's Services, School Nursing, Specialist Children's Services and community service organisations providing Early Childhood Intervention Services.
Until a comprehensive DEECD Incident Reporting Instruction is developed, organisations holding a service agreement with the Department of Education and Early Childhood Development are required to notify regional office of incidents through the Department of Human Services Incident Reporting process (section 5.3) and utilise the Incident Report Form which accompanies that Instruction. Licensed Children’s Services are also required to provide additional notification of Category one incidents. (see below for detailed instruction).
Category one incidents
Category one are serious incidents that are required to be reported to the relevant DEECD executive officer, regional director or other nominated officer for the services by the organisation as soon as possible, within 24 hours of the incident occurring.
They include:
- the death of, or serious injury to a child
- the death of a child while being cared for or educated by the children's service
- any incident involving an accident or injury or trauma to a child while being cared for or educated by the service requiring the attention of a registered medical practitioner or admission to a hospital
- where a child appears to be missing or otherwise cannot be accounted for or appears to have been taken or removed from the service
- an allegation of sexual or physical assault of a child in a child care centre.
- a serious fire (involving death, serious injury, closure or significant damage to parts of a building or its contents)
- serious property damage, which poses a threat to the health and safety of staff or clients
- an event that has the potential to involve the Minister
- an event that has the potential to subject the department or funded organisation to high levels of public or legal scrutiny.
Category two incidents
Category two incidents are reported as soon as possible, and within two working days, via an incident report form. Funded organisations must report all category two incidents to the DEECD children's services advisor or authorised officer. Category two incidents involve events that seriously threaten clients or staff, but but are less serious than category one incidents and include:
- an injury to a child for which the child receives treatment from a medical officer but is not admitted to hospital as an in patient
- minor assaults
- serious threats behaviour made aganist children or staff in a licensed children's service
- incidents that have the potential to escalate to a category one.
Category three incidents
Category three incidents are reported as soon as possible, and within two working days, via an incident reporting form. Category three incidents occur where normal work and routine is interrupted, but the significance of the incident does not extend beyond the workplace or facility. Category three incidents include those which have minor impact on clients, and can be dealt with by the facility or work unit.
Licensed Children's Services are required to comply with these incident reporting requirements via Departmental incident reporting processes. Additionally, funded organisatuions providing Children's Services must comply with Departmental reporting processes for other Category One incidents, such as serious fires.
Additional requirements for Children's Services
Children's Services must report serious incidents to the Secretary of the Department of Education and Early Childhood Development under Children's Services Act 1996 (the Act),Section 29C and the Children’s Services Regulations (2009), regulation 90. The proprietor must notify the Secretary within 24 hour in the event of a serious incident which includes:
- the death of a child while being cared for or educated by the children's service; or
- any incident involving an accident or injury or trauma to a child while being cared for or educated by the service requiring the attention of a registered medical practitioner or admission to a hospital; or
- if a child appears to be missing or otherwise cannot be accounted for or appears to have been taken or removed from the service contrary to the Children’s Services Regulations 2009 (regulation 72 or 73(2):
- an allegation of abuse by a proprietor, staff member, family day carer or visitor at a licensed children’s service.
The Children’s Services Regulations 2009 (regulation 105) requires the proprietor of a licensed children’s service to notify the Secretary of the Department of Education and Early Chidlhood Development within 48 hours of complaints alleging that:
- the health, saftey or wellbeing of any child being card for or educated by the children’s service may have been compromised
- there may have been a contravention of the Act or Regulations
Licensed Children's Services must make a serious incident notification and a Category 1 for the following:
|
Children's Services Act 1996 Children's Services Regulations 2009 |
Incident Reporting Requirement |
|---|---|
| 29C (a) The death of a child while being cared for or educated by the children's service | Serious incident notification and a Category 1 incident report required |
| 29C (b) Any incident involving an accident or injury or trauma to a child while being cared for or educated by the service requiring the attention of a registered medical practitioner or admission to a hospital |
Serious incident notification and a Category 1 incident report required if: |
| 29C (c) if a child appears to be missing or otherwise cannot be accounted for or appears to have been taken or removed from the service contrary to regulation 30 or 31 (1). | Serious incident notification and a Category 1 incident report required if the child left service and was at immediate risk of harm.** or if child taken or removed from service. |
| Reg 105(2)(a) If a complaint alleges that the health, safety or wellbeing of any child within the children's service may have been compromised | Complaints alleging physical or sexual abuse will usually require a Serious incident notification Category 1 incident report. |
| Reg 105(20(b) If a complaint alleges that there may have been a contravention of the Act or these Regulations | Such an incident may not require an incident report. A serious notification should be completed. |
* Serious injury includes but is not limited to injuries requiring inpatient hospital treatment.
** If a child is observed by staff leaving the service and is immediately retrieved, it would not usually be necessary to complete a Category 1 incident form. If a child left a service and was, for example, found in busy traffic, at a swimming pool, or on train tracks, a Category 1 incident report would be required.
In addition, funded Children's Services must make a serious incident notification and a category one incident report for the following incidents, when they occur at a licensed children's service or during service delivery:
| Category 1 Incident Type | Example |
|---|---|
| A serious fire (involving death, serious injury, closure or significant damage to parts of a building or its contents) | |
| Serious property damage, which poses a threat to the health and safety of staff and/or clients. | Centre closed by major flooding affecting township; significant water damage. |
| An event that has the potential to involve the Minister or subject the department or funded organisation to high levels of public or legal scrutiny. |
Staff member charged with an offence against children. Staff lock up and inadvertently leave child alone at service at end of day. |
| The death of, or serious injury to, a staff member. |
|
| Allegations of or actual serious sexual or serious physical assault of a staff member. | As a general rule, a serious incident is one requiring medical attention (physical assault) or a police investigation (sexual assault). |
Some incidents will also require other reports to be made, for example to WorkCover or in relation to insurance. Funded Children's Services are required to report all incidents that may lead to a claim against them, to the NGO insurance program manager, as detailed in the Insurance Guide for Community Service Organisations.
Pre-employment/pre-placement police record checks
In 2005, the Victorian Government introduced a checking system which affects some people who work or volunteer with children. The Working with Children Check helps to protect children from sexual or physical harm by checking a person's criminal history for serious sexual, violence or drug offences and findings from professional disciplinary bodies. The introduction of the Working with Children Check creates a mandatory minimum checking standard across Victoria.
Employers, self-employed persons, employees and volunteers all have obligations and responsibilities under the Working with Children Act 2005. By fulfilling these obligations, we are helping to make Victoria's children safer through the effective operation of the Working with Children Check.
Working with Children Check
The Working with Children Check is required before any person is employed in a licensed children's services including long day care, kindergarten and occasional care services, family day care and outside school hours care services. Further information regarding the Working with Children Check is available from the Department of Justice website at www.justice.vic.gov.au/workingwithchildren
Obligations of funded organisations
Funded organisations are responsible for ensuring that their organisations comply with this legislation and, in particular that:
- all employees or volunteers who are required to obtain a Working with Children Check
- employees or volunteers issued with a Negative Notice do not undertake child-related work as defined by the Working With Children Act 2005.
Obligations of funded organisation employees and volunteers
The employees and volunteers of funded organisations must:
- determine whether they require a Working with Children Check, and if required, apply for a Working with Children Check
- show their Application Receipt to their employer or volunteer organisation upon request as evidence that they have submitted an application
- present their Working with Children Check Card to their employer or volunteer organisation on request or when applying for child-related work
- inform their employer or volunteer organisation within seven days if they have been issued with an Interim Negative Notice or Negative Notice, or if they have a relevant change in circumstances
- not engage in child-related work if they have been issued with a Negative Notice.
Criminal history checks
In addition, the Children's Services Act 1996 and the Children's Services Regulation 2009 require criminal history checks for licensees, their representatives, nominees (primary or approved).
For more information, refer to the DEECD Criminal History Check web page.
Police checks
The pre-employment police records check policy, as distinct from the Working with Children Check, applies to Department of Education and Early Childhood Development. For more information on the policy refer to section 5.6.
Children's capital program guidelines
Since 1999 a total of $134.32 million has been invested in a range of infrastructure initiatives for early years facilities, including new facilities, upgrades, renovation and refurbishments, and minor grants for equipment and IT.
The Blueprint for Education and Early Childhood Development sets out the Government's five-year agenda for learning and development from birth to adulthood. It is the next generation of reform to improve outcomes for children and young people.
Children's Centres are central to this strategy to improve quality and accessibility of early childhood services by emphasising the importance of early learning and care. Investment in Children's Centres is realising more integrated early learning and care centres being located on or adjacent to school sites.
With a total investment of $52m over four years, the current Children's Capital Program (2007 - 2011) includes four complementary capital grants packages:
- Municipal Wide Infrastructure Redevelopment Grants (2007-08 only) - to accelerate infrastructure changes to support implementation of Victoria's plan to improve outcomes in early childhood to benefit all children and their families at the local level.
- Children's Centre Grants - to contribute to the capital investment required to build a community based Children's Centre that combines a range of integrated services that a family may need to help raise young children.
- Renovation and Refurbishment Grants - to assist kindergartens and child care centres to undertake additions, renovations, maintenance, create safer environments and encourage kindergartens to offer extended hours (child care); and
- Minor Capital Grants - to upgrade facilities or purchase equipment to create safer, more pleasant environments in which children can play, learn and develop.
For more information on the Childrens Capital Program, see http://www.education.vic.gov.au/ecsmanagement/capitalprogram/default.htm
Service Agreements
For Minor Capital Grants and Renovation and Refurbishment Grants valued at $200,000 or under, service providers will not be required to enter into a separate agreement with DEECD.
The DEECD 2009-2012 service agreement templates for non-government organisations and local government organisations incorporate terms and conditions which address both service provider and DEECD responsibilities regarding Minor Capital (Section 27) and Renovation and Refurbishment Grants (Section 28). Please note that Certificate of Expenditure forms for these grants can be found on the Childrens Capital Program link above.
Renovation and Refurbishment – Changes to Service Agreement
Please note that changes have been made to section 28. Renovation and Refurbishment Grant of schedule 1 (terms and conditions) to the DEECD service agreement.
Section 28 will now apply to all recipients of Renovation and Refurbishment Grants of two hundred thousand dollars ($200,000) or under.
Recipients of Renovation and Refurbishment grants of $200,000 or greater are required to enter into Capital Funding Agreements.
Renovation and Refurbishment Grant Recipient Signage Requirements
The State Government actively seeks opportunities to promote its support of new initiatives. To this end opportunities for joint signage on capital funded sites (including Renovation and Refurbishment projects over $10,000) are sought.
Signage expenses for up to $1000 for each site are included in all Renovation and Refurbishment Grants allocated by DEECD. Recipients of these grants must comply with the State Government’s guidelines on signage that are available at:
Branding Guidelines
http://bit.ly/9P1KbU
Language services policy
Please note that 'All Graduates' are the sole provider of interpreter services in DEECD. Early Childhood Development service providers have been provided with the contact details for 'All Graduates', along with unique user names and passwords. To book interpreters, organisations can call 'All Graduates' on (03) 9605 3000 or log onto www.allgraduates.com.au. Online help is available.
Climate change and environmental sustainability
In line with the Victorian Government’s environmental sustainability policies, DEECD-funded organisations are encouraged to the implement the following principles within their operations:
- maintaining and restoring our natural assets
- using resources more efficiently, and
- reducing everyday environmental impacts
In particular, organisations are encouraged to develop and implement policies and systems to monitor and reduce their environmental impacts in areas including: energy consumption, waste production, water use, paper use and transport.
Information to assist organisations manage the impacts of climate change, by undertaking climate change risk assessments and preparing adaptation plans, is available from the Department of Climate Change and Energy Efficiency (http://www.climatechange.gov.au/what-you-can-do/community/local-government.aspx ).
For queries regarding DEECD’s approach to environmental sustainability please contact, Lyn Malone, Manager, Environmental Sustainability Branch, on (03) 9651 3681.
Conducting research in early childhood settings and schools
DEECD funded organisations are often approached to participate in research, or to assist with recruitment of families and children. Organisations should only agree to take part in/assist with recruitment for research that has been reviewed and approved by DEECD.
DEECD welcomes high-quality proposals for research which contributes to knowledge of, early childhood development, young people’s wellbeing and education outcomes. Any research project that relates to, or involves; users of Early Childhood Development services; services funded by DEECD; Victorian government schools; teachers or staff; should be submitted to the Department for approval. This includes requests for access to data sets that are owned or managed by the Department.
DEECD reviews applications according to criteria under the following headings:
- benefit and value to DEECD and participants
- burden and impact on the setting and the participants
- appropriateness of methodology in the setting
- ethical design and conduct, which includes issues such as informed consent, confidentiality, privacy and protection from harm.
This review is separate to the ethical review of the proposal by a Human Research Ethics Committee (HREC). Where applicable, research applications MUST also be approved by a HREC.
Information about procedures and an application form can be downloaded at:
http://www.education.vic.gov.au/researchinnovation/research/conductresearch.htm