In Focus

Regulatory Spotlight

July - September 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 84C Risk assessment for purposes of sleep and rest policies and procedures.
3. Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair.
4. Section 165 Offence to inadequately supervise children.
5. Section 172 Offence to fail to display prescribed information.
6. Regulation 102AAC   Risk assessment for the purposes of safe arrival of children policies and procedures.
7. Regulation 102 Authorisations for excursions.
8. Section 169 Offence relating to staffing arrangements.
9. Regulation 168 Education and care service must have policies and procedures.
10. Regulation 100 Risk assessment must be conducted before excursion and section 167 Offence relating to protection of children from harm and hazards.

Compliance snapshot:

• The Education and Care Regulatory Unit (ECRU) completed 414 unannounced compliance monitoring visits in quarter 3, 2024.
• Non-compliance was also identified through notifications and subsequent investigations.
• 45% of compliance monitoring visits were compliant.
• 78% of services were compliant with regulation 84C - Risk assessment for purposes of sleep and rest policies and procedures.
• 91% of services were compliant with regulation 102AAC - Risk assessment for the purposes of safe arrival of children policies and procedures.

Service Approval Applications

Approved providers are reminded that due to the increased number of service approval applications received this time of the year, all applications for new services intending to operate from term 1, 2025 must be submitted by 31 October 2024. This enables adequate time for the required assessment and decision. Applications received after this time cannot be guaranteed to be assessed in under 90 days.

Applications for Outside School Hours Care (OSHC) services on school sites will be accepted without the building practitioner verification of unencumbered space, however the application cannot be approved until this is provided. OSHC providers are encouraged to ensure they have access to school sites over the holiday period as ECRU need to complete pre-approval visits as part of the service approval process. In addition, providers must ensure they have adequate amounts of age-appropriate resources at the service for the number of the children the application is seeking approval for.

Back in July ECRU hosted two ‘cow’s milk allergy’ webinars presented by the National Allergy Council. A copy of this webinar recording is now available.

ECRU continue to be notified of incidents where children are being fed known allergens, in some cases where life threatening consequences exist. Approved providers and service staff are reminded of the importance of having adequate systems and practices in place to mitigate risks to children with medical conditions. The following resources are available to assist services to implement best practice.

National Allergy Council Best practice guidelines for prevention and management of anaphylaxis in Children’s Education and Care Services (including Out of School Hours Care)

Allergy Aware resource hub

ACECQA blog post outlining what it means to be an allergy aware service aligning with national Education and Care Legislative Requirements. This post includes some discussion points for services to explore with their teams.

For more information contact the National Allergy Council information email address hello@nationalallergy.org.au

Australian Education Research Organisation (AERO)

Have you considered AERO’s trajectories to support educators to better understand children’s development?

This resource presents a great opportunity for educators to critically reflect on what influences and guides their curriculum decision making. (Standard 1.1, National Quality Standard).

The Australian Education Research Organisation (AERO) recently published the Early childhood learning trajectories: User guide, designed for educators working in the early childhood education and care sector. 

During the transition from Djilba to Kambarang Season, the weather rises in temperature with increasingly warm to hot dry days and less cold fronts coming from the coast. Wildflowers Djet Malkakoom, flower this time of year and an abundance of colour is displayed across country boodja. The Moodjar or Christmas Tree (Nuytsia floribunda) leads the Season, and the continuation of yellow wildflowers is magnificently joined by a veritable plethora of colours from the explosion of wildflowers in every direction across the landscape, where the bees and small birds busy themselves with nectar collection. 

The long, tall flowering stalks of the great Balga grass tree (Xanthorrhoea preissii) are prevalent this time of year pointing to the sky, whilst the Kurup Australian Bluebells (Billardiera lehmanniana/ fusiformis/ heterophylla) provide a sweet treat closer to the ground.   Boon or Bridal Rainbow (Drosera macrantha) with its pink or white flowers and carnivorous insect attracting leaves, grows in wet to rocky soil and is used as an energy boost when the small roots are eaten. 

Here’s our tips for services and families on how to be scare aware

With Halloween comes new spooky products targeted towards young children. Unfortunately, this can mean more safety risks. We’ve created the below list of the top risks to look out for in your child-care centre this season.

Button batteries are a common component in Halloween toys such as flashing witch’s noses, magic wands, headbands, rings and more. It’s important to look out for these types of products coming into the centre. Shared areas between different age groups can create an environment where little ones are exposed to items that put them at serious risk. Button batteries can be life threatening if a child swallows or sticks them in their mouth, nose, or ear.

What to do? Educating parents and caregivers on safe products fit for all ages is a great first measure. This means making sure that a child isn’t coming into the centre with a toy or product which has easily accessible button batteries. The product’s battery should be child-resistant and secured with a screw so that the product does not release the battery and it is difficult for a young child to access. This also applies to any products being used as props and decorations in the centre rooms.

Dressing up is part of the fun at Halloween. This can include makeup, face paint, and fake blood. If you’re thinking of having face paint as an activity this Halloween, be aware that these types of products can cause skin irritations or reactions in children.

Have a safe and scare-free Halloween.

Head over to the Consumer Protection website to familiarise yourself with how Consumer Protection can assist you or visit Product Safety Australia to view the latest updates.

X-ray image: A button battery stuck in a child's throat 

Campaign materials to share

The Australian Children’s Education and Care Quality Authority’s (ACECQA's) family focused brand, StartingBlocks.gov.au, features a Resources area with a growing suite of free articles and videos to support families with young children.

The resources are available in two main categories:

• attending a service
• your child’s development 

This communications toolkit is for you to share with families and your professional networks:

• Social post text and tiles: Attending a service resources 
• Social post text and tiles: Your child's development resources