In Focus

Regulatory Spotlight

October to December 2024

Top 10 non-compliances   

Listed below are the top 10 non-compliances in relation to the Education and Care Services National Law (WA) 2012 (the National Law) and the Education and Care Services National Regulations 2012 (WA) (the National Regulations). 

1. Regulation 97 Emergency and evacuation procedures.
2. Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair.
3. Regulation 84C Risk assessment for purposes of sleep and rest policies and procedures.
4. Section 165 Offence to inadequately supervise children.
5. Regulation 102AAC   Risk assessment for the purposes of safe arrival of children policies and procedures.
6. Section 172 Prescribed information to be displayed.
7. Regulation 168 Education and care service must have policies and procedures.
8. Regulation 102 Authorisation for excursion.
9. Regulation 102D Authorisation for service to transport children.
10. Regulation 170 Policies and procedures to be followed.

In summary, 55% of services visited in the October to December 2024 quarter were compliant. This is up 10% on the previous quarter.

Risk assessing supervision needs and considering the importance of successful transitions for children attending Outside School Hours Care (OSHC) services and school

The beginning of a new year often presents challenges for children as they move through the early years. In centre-based care, children are often moving into a new room, or new families are using services for the first time. Often there are several children settling into a service at the same time.

It is also this time of year the Regulatory Authority see an increase in inadequate supervision practises, as the dynamics of a service change while a period of adjustment takes place.

Communication between staff and providers is key, in ensuring that the staffing levels meet the needs of the children, so that transitions are smooth and incident free.

Supervision tips:

• Complete a supervision risk assessment with consideration of children’s needs, the physical environment, conditions imposed on the service approval and staffing.
• Review your Safe of Arrival of Children policy and procedures. This is the perfect opportunity to clarify the roles and responsibilities of all people to ensure supervision is adequate.
• Provide classroom teachers and the school office with a list of all children attending the OSHC service each day and arrange for kindy, pre-primary and year 1 children to remain at their classroom until collected by the service and share this practice with the school.
• If allowing year 1 students to meet at the OSHC building or at an agreed location, consider if all children are developmentally able to comply with this arrangement as it may not be suitable for all children. The same consideration should also apply to older children.
• Ensure you have adequate and consistent staffing, so that all educators get to know the children, including if any additional care/behaviour plans may exist. Staffing levels may need to be above the minimum ratios to adequately meet the supervision needs of children and the service environment. Particularly during term one, where the school environment is new to some children who may be attending OSHC for the first time, or there have been changes to classrooms for some of the younger children.
• Communicate with class teachers. Often a child who has had a challenging day may present in the same mindset to OSHC. Additional strategies may be required in this instance and should be planned for.

Transition tips:

• Predictability for children is important. Keep transitions consistent and plan effectively so these are not hurried.
• Work in collaboration with children, families, teachers and any other health professionals the child may be connected with, to support individual transition needs. Use alternative communication methods between school and OSHC, with parental consent. These methods could include a communication book, email or text.
• Make time for emotional literacy. Talk with children about how they are feeling about going to school and/or OSHC and make time debrief with children about their day to allow them to share their experiences.
• Allocate time for educators to support children to settle into their new classroom when concerns have been identified. Work with teachers and families about the role of the service.
• Create a social story.
• Reflect on your transition practices, including asking children, families, and teachers about how they think transitions to and from school could be improved.

More information is available from Be You in the transition to early learning settings: ages 3 to 5.

Contractors and Working with Children (WWC) Checks obligations in the education and care sector

The Working with Children (WWC) Screening Unit has developed a bulletin to address some common misunderstandings regarding the hiring of contractors.

The bulletin highlights:

• the definition of child-related work in the Working with Children (Screening) Act 2004
• that most contractors are not engaging in child-related work and are not eligible for a WWC Check
• that an organisation’s policy cannot override legislation requirements.

We encourage you share this bulletin with anyone across the childcare sector you believe would benefit from this information.

Further information can be found on the WWC Check website. If you have any queries relating to your particular organisation, you can book in for a Ready, Check, Chat session or contact the WWC Community Engagement Team on WWCCommunityEngagement@communities.wa.gov.au

NDIA Information Sessions – survey of interest

The National Disability Insurance Agency (NDIA) Community Engagement team are planning a series of webinars aimed informing ECEC staff on various aspects of the National Disability Insurance Scheme (NDIS)

Your feedback will help us design sessions that meet your needs and interests.

National Disability Insurance Agency Information Sessions - Survey of interest

Disability Inclusion Guide

Be You has developed a Disability Inclusion Guide as an introduction to inclusive practices for learning communities to support children and young people with developmental delay or disability.

Inclusion promotes belonging, protects the rights of children and young people with developmental delay or disability and fosters the mental health and wellbeing of children and young people of all abilities.

In early learning services and schools, inclusion involves the whole learning community. This means leadership teams, educators, families, children and young people, other professionals and community members working collaboratively.

Each learning community’s journey of inclusion for children and young people with developmental delay or disability will look quite different. There’s no one-size-fits-all recipe or checklist for creating an inclusive learning community.

Inclusive practices and strategies are constantly evolving, and the guide is intended to be the place to start or continue your journey, whether you’re part of a leadership team or an educator who’s interested in promoting inclusion.

Grants awarded to attract and retain early childhood workers

Ten regional local governments are to receive a total of $250,000 in grant funding as part of a Cook Government program to attract and retain early childhood educators in regional Western Australia.

A media statement has been released announcing the Attraction and Retention Packages for Regional Childcare Workers Program 2025 recipients.

The Attraction and Retention Packages for Regional Childcare Workers Program also provides further information.