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 2009-2010. 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 child protection and children's services (Protocol between Child Protection and Children's Services 2004) and police and 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. - 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 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, OCPC funded organisations will follow the DHS Incident Reporting Instruction (section 5.3) and utilise the Incident Report Form which accompanies that Instruction.
Please note that there are specific Category One incident reporting requirements under the Children's Services Act (1996) and Regulations (1998).
Importantly, reporting processes must reflect the DEECD regional or Central Office (as appropriate) management structure.
Category one, two and three incidents
Category one are incidents serious incidents that are required to be reported to the relevant executive officer, regional director or other nominated officer for the services by the organisation as soon as possible, but no later than the next working day.
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 department's regional Program and Service Advisor (PASA). Senior regional program manager reviews category two incidents.
Category three incidents are reported as soon possible, and within two working days, via an incident reporting form. Regional staff and funded organisations are encouraged to maintain a register of category three incidents and to regularly review the register for trends.
Category one incidents
These are the most serious; and must be reported as soon as possible to the General Manager, Operations and such incidents occurring at the service or during service delivery must be followed up via a briefing, within 48 hours of the incident. They include:
- the death of, or serious injury to a client
- 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. As a general rule, a serious incident is one of an allegation of physical assault or sexual assault or other allegation requiring police or child protection investigation
- 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 involve events that seriously threaten clients or staff, but not meet the category one definition. Category two incidents include:
- an injury
- minor assaults
- serious threats behaviour by staff.
Category three incidents
Category three incidents occur where normal work and routine is interrupted, but the significance of the incident does not extent 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.
Additional requirements for Children's Services
There are additional incident reporting requirements for children's services.
The category one incident reporting procedure will operate in parallel to the existing processes/requirements under the Children's Services Act (1996) and Regulations (1998). New Children's Services Regulations will be enacted shortly, affecting Incident reporting requirements. This kit will be updated to reflect this.
The Incident Reporting process is not intended to place an undue burden on services, but to promote consistency across service types in the reporting of incidents. Children's Services are only required to report Category One incidents.
Children's Services must report category one incidents to the Secretary under the Children's Services Regulations (1998.) The Regulations require that the proprietor must notify the Secretary as soon as practicable:
- of the death of a child while being cared for or educated by the children's service; or
- of 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 regulation 30 or 31 (1).
Children's Services are required to comply with these legislative 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.
Licensed Children's Services must make a category one critical incident report for the following:
| Regulation | Incident Reporting Requirement |
|---|---|
| 40 (a) The death of a child while being cared for or educated by the children's service | Category 1 incident report required |
| 40 (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 |
Category 1 incident report required if: |
| 40 (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). | Category 1 incident report required if the child left service and was at immediate risk of harm.** Category 1 incident report mandatory if child taken or removed from service. |
| 51 (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 Category 1 incident report. |
| 51 (2)(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. |
* 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 category one incident report for the following incidents, when they occur at the 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.
Phasing in of the Working with Children Check
The Working with Children Check commenced in April 2006 and is being phased in over five years. The five year phasing plan details when different categories of child-related work are required to obtain a Working with Children Check. It is important for existing employees, new employees, employers, self-employed people, volunteer organisations and other organisations to check the phasing plan to find out when a Working with Children Check will be required.
From 30 June 2008 staff in all children's services including long day care, kindergarten and occasional care services have been required to have a Working with Children Check. The phasing plan is detailed, and 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 do so at the correct time, which is indicated in the phasing plan; and
- 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 by the time indicated in the phasing plan
- 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 require criminal history checks for licensees, their representatives, nominees and staff.
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 $60.8 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 technology.
The Blueprint for Education and Early Childhood Development sets out the Government's five-year agenda for learning and development from birth to adulthood, and recognises the importance of quality early childhood education and care services.
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 $38m 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 Children's Capital Program, see http://www.education.vic.gov.au/ecsmanagement/funding/capitalprogram/default.htm