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Governance and Management Policy guidelines

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Governance and Management Policy guidelines

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Governance and leadership Information sheets 

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Governance and leadership Information sheets 

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This range of information sheets offers practical strategies to support educators and providers to think about quality practice and topics related to the seven quality areas of the National Quality Standard.

Quality Area 1 - Educational program and practice

Topics

Quality Area 2 - Children's health and safety

Topics

Quality Area 3 - Physical environment

Topics

Quality Area 4 - Staffing arrangements

Topics

Quality Area 5 - Relationships with children

Topics

Quality Area 6 - Collaborative partnerships with families and communities

Topics

Quality Area 7 - Governance and Leadership

Topics

General

National Quality Framework 2017-2018 changes

Information sheets and other guidance on the 1 October 2017 changes to the NQF and 1 February 2018 changes to the NQS.

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ACECQA's range of information sheets assists providers and educators to better understand the National Quality Standard.

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Learning modules for approved providers 

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Learning modules for approved providers 

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Information sheets and other guidance on the 1 October 2017 changes to the NQF and 1 February 2018 changes to the NQS.

Other resources
NQF The story so far infographic
'The story so far' infographic reflects on the journey of the National Quality Framework.

Videos on the changes to the National Quality Framework

NQF Series - Changes to the National Quality Framework

Rhonda Livingstone, ACECQA's National Education Leader, was interviewed about the changes to the National Quality Framework and discusses the background to the changes, the key changes as well as some of the support materials available to support the children's education and care sector.

NQF Series - Changes to Exceeding National Quality Standard ratings and guidance

Rhonda Livingstone, ACECQA's National Education Leader, was interviewed about the changes to the rating of, and guidance for, the Exceeding National Quality Standard rating. Rhonda discusses the background to the change, new guidance, and unpacking the three Exceeding NQS themes.

Changes to the NQF - ECA webcast

ACECQA's National Education Leader, Rhonda Livingstone presents an overview of key changes to the National Quality Framework (NQF).

NQF Journey so far

A brief look at the journey so far which led to the changes to the National Quality Framework on 1 October 2017.

Introduction to the NQF changes

ACECQA's National Education Leader, Rhonda Livingstone provides an overview of the background to and key aspects of the changes to the National Quality Framework and the National Quality Standard.

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National Quality Framework 2017-2018 changes

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Information sheets and other guidance on the 1 October 2017 changes to the NQF and 1 February 2018 changes to the NQS. NQF The story so far infographic 'The story so far' infographic reflects on the journey of the National Quality Framework.

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What you need to know to open an education and care service in Australia.

I want to learn about:

Prior to applying to become an approved Provider it is recommended you complete the National Law & Child Care Subsidy Approval Course. This course provides important information about becoming an approved Provider and your responsibilities under the National Law and Family Assistance Law. These five eLearning modules unpack how to submit your application, your responsibilities as an approved Provider and an overview of the approvals process.

For new approved provider applicants, you will need to complete 4 out of 5 modules in the National Law & Child Care Subsidy Approval Course on the ACECQA LMS to receive a completion certificate. This certificate can be submitted with your application as additional evidence. If you would like to preview the course before registering in the LMS, you can access the modules from the links below.

Applying to become an Approved Provider and opening (or adding) a service

Provider and Service approval from your state or territory government (National Law).

This approval deems you suitable to ensure the health, safety and wellbeing of children. To be approved, you need to demonstrate your understanding of your obligations under the Education and Care Services National Law and Regulations.

Understanding how the following rules apply in your state or territory is also important to planning a new business:

local government planning controls

working with children or vulnerable person checks and child protection laws

health department rules

food safety requirements.

Provider and Service approval from the Australian Government (Family Assistance Law).

This approval deems you suitable to administer Child Care Subsidy under the Family Assistance Law. If you are applying for the Child Care Subsidy approval, you will also need to demonstrate your understanding of your obligations under the Family Assistance Law. Most children education and care providers must be approved under the National Law to be eligible to administer the Child Care Subsidy. Click here for more information www.education.gov.au/early-childhood

For information and resources on business planning and the steps for setting up a new business, visit  www.business.gov.au.

The National Quality Framework

The National Quality Framework is a national system which aims to raise quality and drive continuous improvement and consistency in children's education and care services through:

National Law approval

Your state or territory regulatory authority will assess your application for National Law approval.

You will need to apply for:

Provider approval - to become an approved provider. Provider approval is recognised nationally and allows you to apply for service approval/s.

Service approval - to operate an education and care service. Service approvals relate to the individual site/premises and the type of care provided. Click here to read more about types of care education and care service types

Click here to find the contact details for your state or territory regulatory authority. Contact your regulatory authority | ACECQA

Child Care Subsidy (CCS) approval

The Australian Government will assess your application to administer Child Care Subsidy payments. This is known as Child Care Subsidy approval under the Family Assistance Law.

The Family Assistance Law sets out the rules you must follow if your service is approved to administer the Child Care Subsidy. These obligations are outlined in the Child Care Provider Handbook.

Visit the Early Childhood - Department of Education, Australian Government to find out more about the Child Care Subsidy and the Family Assistance Law.

The application process

National Law and Child Care Subsidy approval applications are submitted through the National Quality Agenda IT System (NQA IT System). You can apply for National Law and the Child Care Subsidy at the same time following the steps below.

1. Register with PRODA

PRODA (Provider Digital Access) is an online identity verification system that strengthens the security of personal information for new Persons with Management or Control (PMC).

Create a PRODA (Provider Digital Access) account and obtain an individual Registration Authority (RA) number. The RA number is unique to your PRODA account.

New Persons with Management or Control (PMC) will need to create a PRODA account and obtain a RA number if they are applying for a National Law provider approval application, as well as applications to administer the Child Care Subsidy under the Family Assistance Law.

When completing your application in the NQA ITS you will be asked to verify your identity by entering your RA number in the PRODA ID field.

Prospective providers seeking approval to administer the Child Care Subsidy (under the Family Assistance Law) will also need to register their organisation in PRODA and add the NQA ITS and the Child Care Subsidy System as service providers before starting an application.

Instructions are available to help you create a PRODA account to:

Please refer to the Frequently asked questions | ACECQA for more information about creating a PRODA account, RA numbers and the benefits of using PRODA to verify your identity.

2. Identifying Persons with Management or Control (PMC)

From July 2023, the National Law definition of a PMC will be similar to the definition used by the Australian Government for a PMC of a provider entity for administering the Child Care Subsidy under the Family Assistance Law.

In some cases, a provider's PMC will be the same individuals for the National Law and for Child Care Subsidy purposes. However, in some circumstances, a person may be a PMC in relation to the Child Care Subsidy, but not a PMC under the National Law.

A PMC has legal responsibilities under the National Law and Regulations, and the Family Assistance Law for Child Care Subsidy purposes.

For more information read the following information sheets

A new Declaration of fitness and propriety form (PA02), is available for National Law and/or Family Assistance Law to administer the Child Care Subsidy and/or the Additional Child Care Subsidy applications.

3. Submit your application in the NQA IT System

Provider and Service applications for National Law and Family Assistance Law to administer the Child Care Subsidy are submitted through the NQA IT System.

By accessing this link https://public.nqaits.acecqa.gov.au/Pages/Landing.aspx you can login to the NQA IT System or register for an account.

If you experience technical issues email [email protected] .

If you'd like to find out more about the application process or about the progress of an application already submitted contact your regulatory authority.

Next steps

Knowledge assessment and/or interview

Before making a determination on your application you may be asked to complete an online multiple-choice knowledge assessment and/or interview determining your understanding of the requirements under the National Law and Family Assistance Law.

The 75-minute National Law assessment consists of 46 multiple choice questions.

The 110-minute Family Assistance Law assessment consists of 25 multiple choice questions.

To prepare for a knowledge assessment, you can complete the National Law & Child Care Subsidy Approval Course designed to help you understand your responsibilities as an approved provider.

You will need to complete 80% of the course to download a completion certificate. This certificate can be submitted with your application as additional evidence. If you would like to preview the course before registering in the LMS, you can access the modules from the links below.

National Law application assessment timeframes

The regulatory authority must:

make a decision within 60 calendar days of receiving a complete provider approval application, and 90 calendar days for a service approval application

give the applicant written notice of its decision and the supporting reasons, within seven (7) calendar days of making the decision.

Child Care Subsidy application assessment timeframes

Approval for the Child Care Subsidy can only be determined after an approval under the National Law and after the Australian Government has assessed your application.

An estimated assessment timeframe cannot be given, however ensuring all mandatory information documentation is submitted with your application will assist in this process.

Watch this 2-minute video for information about the National Law and Family Assistance Law (to administer the Child Care Subsidy) application process.

Who to contact

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This section contains information on the initial action steps for those considering opening their own childcare service.

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Identifying a Persons with PMC - Prospective Providers 

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Identifying a Persons with PMC - Prospective Providers 

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Identifying a persons with PMC - Existing Providers

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Identifying a persons with PMC - Existing Providers

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Education and Care Services - National Law 

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Education and Care Services - National Law 

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Mandatory Service Policies and Procedures 

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Mandatory Service Policies and Procedures 

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Transferring Provider (service approval) declaration 

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Transferring Provider (service approval) declaration 

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The National Quality Standard (NQS) sets a high national benchmark for early childhood education and care and outside school hours care services in Australia.

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What is a person with management or control?

PMCs take part in the decision-making or management of the provider. They:

are a member of the group that makes executive or legal decisions on behalf of the provider

have authority, responsibility, or significant influence over planning, directing or controlling the provider

are in charge of the day-to-day operations of the provider

are in charge of the day-to-day operations of a service.

The provider is the legal entity.

Who is a person with management or control?

Broadly, PMCs can be:

executive officers

board members

company office holders

partners in a partnership

members of the body corporate

partners or members of the organisation's governing body

service directors

service managers

authorised supervisors

people from external management agencies

people in management positions

Anyone listed as a 'responsible person' on behalf of a registered charity.

Any person who performs these roles for a provider is automatically considered a PMC. You cannot choose to omit someone as a PMC if they perform these roles.

They can be different for each organisation type. Check this table for PMCs in different organisation types.

What is a person responsible for the day-to-day operation of a service?

Providers must also identify persons responsible for the day-to-day operation of a service. We call these people 'persons responsible at the service'. They are nominated by a PMC.

Who is a person responsible for the day-to-day operation of a service?

They work in the service, taking part in the decision-making and daily operations at the service. They are commonly managers, directors or coordinators.

Broadly, persons responsible at the service can be:

service directors

service managers

coordinators.

Persons responsible at the service can be from external management agencies.

A person responsible at the service has similar obligations to a PMC, but at the service level.

Check notification and reporting for obligations a person responsible at the service must complete.

What are their obligations?

All approved providers must have their PMCs identified in the Child Care Subsidy System (CCSS).

Each PMC must:

have an individual PRODA account

be linked to the provider in CCSS

keep their information up to date and correct in CCSS

notify the department when they join or leave an approved provider or service

be considered fit and proper by us

have all necessary background checks

provide evidence of background checks to the department when asked.

Additionally, PMCs have a range of obligations and tasks they must perform.

Check notification and reporting for obligations a PMC must complete.

Why are these obligations necessary?

Approved providers receive significant amounts of public money in the form of CCS payments.

We have a responsibility to ensure early childhood education and care is delivered correctly, by responsible and law-abiding people.

Also, if PMC information is not correct in the CCSS:

we cannot contact you

we cannot communicate essential information to you

families may not get their CCS payments

we may take regulatory action, including issuing an infringement.

If you no longer have any current PMCs listed for your provider, you must email CCSassessments@education.gov.au. The process to correct this is not immediate. You will need to provide information and evidence. We expect providers to keep PMC details up to date at all times.

Can the role of PMC be delegated?

Yes. However, if a person fills a role identified in this table, they are a PMC regardless.

Some providers have formal delegations. They establish these through:

governance rules

constitutions, or

acts of parliament.

Example: A regional manager for a large provider. While the directors of the company are taken to be PMCs, the regional manager is also a PMC. This is because they make executive decisions of behalf of the provider.

Example: A general manager in charge of the community services branch of a local council. This person is a PMC because they make decisions about the child care service without approval from a higher authority. Some of the general manager's responsibilities - like decisions about major spending - are delegated to subordinate officers. These officers are also considered PMCs.

What is a service contact?

Some PMCs choose to nominate a service contact. The service contact is authorised to communicate with us on administrative matters, like:

Service contacts:

may only communicate with us on matters relating to the service for which they are the contact

must be registered in PRODA so that they can be linked to their service in the CCSS.

It's not mandatory to have a service contact.

Online learning

Complete the Persons with management or control course in Geccko to learn more.
Learn more about Geccko

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Early childhood education and care providers have specific legal obligations. These obligations are imposed upon certain people. We call these people 'persons with management or control of the provider'. They are also called 'persons with management or control' or simply 'PMC'.

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Education and Care Services - National Regulations 

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Education and Care Services - National Regulations 

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eLearning modules for approved providers | ACECQA

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In partnership with the New South Wales regulatory authority, ACECQA has developed a series of short, interactive eLearning modules to help approved providers understand their responsibilities under the National Law and Regulations. These modules are also available in web accessible versions.

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eLearning modules for approved providers

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In partnership with the New South Wales regulatory authority, ACECQA has developed a series of short, interactive eLearning modules to help approved providers understand their responsibilities under the National Law and Regulations. These modules are also available in web accessible versions.

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National Law (Application Act) for each State and Territory

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National Law (Application Act) for each State and Territory

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The National Quality Framework (NQF) operates under an applied law system, comprising the Education and Care Services National Law and the Education and Care Services National Regulations.

The purpose of the applied law system is to set a national standard for children's education and care across Australia. In effect it means the same law is applied in each state and territory, but with some varied provisions as applicable to the needs of each state or territory.

In this case Victoria passed the Education and Care Services National Law Act 2010 and other jurisdictions adopted that law through an Application Act or passed corresponding legislation.

View the legislation that applies in each state or territory, and if applicable, the corresponding Application Act below:

Information about how the NQF applies in your state or territory is available from your regulatory authority.

Purchase the National Law

To purchase the National Law (in all states and territories, except WA) call LitSupport (TIMG) 03 8621 6767 or visit www.legislation.vic.gov.au

1. Search for 'Education and Care Services National Law Act 2010'

2. Select the Act and then make sure the most recent version of the Act is selected in the 'Version history' box

3. Under 'Authorised version', select 'Buy printed copy of Act' to open the LitSupport website.

Purchase the National Law (WA residents).

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The National law sets a national standard for children's education and care across Australia.

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The National Law and National Regulations outline the legal obligations of approved providers, nominated supervisors, and educators and explain the powers and functions of the state and territory regulatory authorities and ACECQA.