Early Learning Responsible Person Procedure

In this procedure, words in italic text are defined terms which have the specific meanings set out in Gowrie Victoria Policies and Procedures – Definitions and Abbreviations.

Purpose

The purpose of this procedure is to ensure that Gowrie Victoria staffing arrangements meet the legislative requirements for a designated Responsible Person to be in attendance at a service at all times.

Gowrie Victoria ensures any employee is fit and proper to undertake the duties of the Responsible Person is present at a service at all times where children are being educated and cared for.

Scope

This procedure applies to all Board members, staff members, volunteers, students on placements, parents/guardians, children and contractors/labour hire employees at Gowrie Victoria.

Procedure

Requirement for the Responsible Person to be present

The national law states that it an offence to operate an education and care service unless a Responsible Person is present whenever children are being educated and cared for at the service.

Who can be a Responsible Person

The national law states that a Responsible Person can be any of:

• the approved provider, or person with management or control of an education and care service operated by the approved provider
• a nominated supervisor of the service
• a person in day-to-day charge of the service.

At Gowrie Victoria, a person in day-to-day charge of the service would typically be the Assistant Manager, Educational Leader, Early Childhood Teacher, Room Leader or a qualified Educator.

How the Responsible Person is designated at each Gowrie Victoria service

• The Early Learning Manager at each service is the Nominated Supervisor of the service and will act as the Responsible Person whenever they are at the service.
• Whenever an early learning manager is away from the service they are responsible for ensuring that in their absence a person in day-to-day charge is nominated to be the Responsible Person.

Appointing persons in day-to-day charge of the service

• As the Nominated Supervisor, the Early Learning Manager must ensure that there are always sufficient staff members appointed as persons in day-to-day charge of the service, to allow a Responsible Person to be present at the service at all times.
• Persons appointed to be in day-to-day charge must:
  • be at least 18 years old
  • have a demonstrated understanding of how to provide high-quality education and care to children (either through experience, education and performance)
  • understand the child safety responsibilities of the centre and its staff
  • be able to effectively supervise and manage an education and care service
  • must not have had a licence, approval, registration, certification or other authorisation refused, not renewed, suspended or cancelled under the national law or any other children’s services or education law have a history of compliance with the national law and other relevant laws.
• Appointed Responsible Persons must read the Gowrie Victoria Responsible Person Information Guide and have a copy available when acting as the Responsible Person.

Records of all Responsible Persons

• All designated Responsible Persons for each service must complete and sign the ‘Process for appointing a person in day-to-day charge’ form prior to performing a Responsible Person’s
• This form must be uploaded to the employee management section of Humanforce for each designated individual.
• The CV of each Responsible Person must be linked to this record as evidence they meet day-to-day charge requirements.
• This record must be available for inspection by the Regulatory Authority at any time.

Notice of current Responsible Person

• While the service remains open to children, a Responsible Person must not leave the service premises without handing over responsibility to another Responsible Person.
• The staff member who is the Responsible Person at any time must ensure their name and position is displayed on the notice board in the main entrance to their service.
• The Responsible Person’s name should be placed on an interchangeable nameplate showing that they are the current Responsible Person so that it is clearly visible to anyone on the service

Notifying the Regulatory Authority

• The Regulatory Authority must be notified when a new Nominated Supervisor is appointed. This is done through the NQA IT Systemby submitting a ‘Notification of change to Nominated Supervisor’ form. The Regulatory Authority must be notified at least 7 days prior to the Nominated Supervisor starting, or if that is not possible, as soon as is practicable but within 14 days of the Nominated Supervisor starting in the role.
• The Nominated Supervisor or approved provider must notify the Regulatory Authority if:
  • there is a change to the name or contact details of the Nominated Supervisor
  • the Nominated Supervisor is no longer employed or engaged by the service, has been removed from the role, or withdraws their consent to the nomination
  • a Nominated Supervisor or person in day-to-day charge has their Working with Children Check (WWCC) or teacher registration suspended or cancelled, or if they are subject to any disciplinary proceedings under the law
  • there is any other matter or incident that affects the ability of the Nominated Supervisor to meet the minimum requirements and that warrants reassessing the Nominated Supervisor’s suitability for the role.

Through these measures, we aim to provide a safe learning environment that not only supports children’s learning and development but also always upholds their safety and privacy. This approach reflects our overarching purpose:

“We lead, innovate and demonstrate high quality early learning.”

Authorisation

Approved by	Executive Manager Early Learning
Name	Alison Smith
Signature
Date	8/09/2025

References