Meet Legal and Ethical Standards in Children's Education Care

Topic: Meet Legal and Ethical Obligations in Children’s Education and Care (in Australia) 1. Identify legal and ethical obligations. 2. Meet legal and ethical obligations. 3. Contribute to workplace improvements. 1. Explain what the National Quality Framework (NQF) is. 2. Explain the purpose of each key component of the National Quality Framework (NQF) listed below. i. National Law and National Regulations ii. National Quality Standards (NQS) iii. Assessment and quality rating process iv. National learning framework: Early Years Learning Framework (EYLF) v. National learning framework: My Time, Our Place (MTOP) 3. What is the role of state/territory regulators in regulating early childhood services? 4. Identify four duty of care responsibilities of an early childhood educator. 5. Explain the purpose of the Education and Care Services National Law and Regulations. i. Purpose of the National Law ii. Purpose of the National Regulations 6. Answer the following questions about the interrelationships between the National Law, Regulations, and the National Quality Framework. i. How do the National Law and Regulations come together in the implementation of the National Quality Framework? ii. How do the National Regulations support Education and Care National Laws? iii. How do the National Law and Regulations relate to the National Quality Standard (NQS)?

7. Access and review the Education and Care Services National Regulations of your state/territory and answer the questions that follow. Your state/territory: NSW Link to the National Regulations you accessed: i. In which part, division, and section can you find information on incident, trauma, and illness policies and procedures in the National Regulations? Part: Division: Section: ii. According to the regulation stated in the section and division you indicated in Question – i, identify the four people who are required to follow on incident, trauma, and illness policies and procedures. iii. In which part, division, and section can you find information on space requirements – outdoor space in the National Regulations? Part: Division: Section: iv. According to the regulation stated in the section and division you indicated in Question - iii, what four areas are to be excluded when calculating the area of unencumbered outdoor space required? v. In which part, division, and section can you find information on educational leader in the National Regulations? Part: Division: Section: iv. Please describe the specific regulation according to the division and section of the National Regulations indicated in Question v.

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8. List two qualification requirements for the person in day-to-day charge and the nominated supervisor of an education and care service. Two qualification requirements for the person in day-to-day charge i. ii. Two qualification requirements for the nominated supervisor i. ii. 9. Complete the table below by providing the required educator to child ratio for centre-based services. Age of children Educator to child ratio State it applies to i. Birth to 24 months All states and territories ii. Over 24 months and less than 36 months All states and territories excluding VIC VIC iii. Over 36 months up to and including preschool age ACT, NT, QLD, VIC NSW SA TAS

WA iv. Over preschool age NT, QLD, SA, TAS, VIC, NSW ACT WA

10. List the three early childhood teaching qualifications for a person to be considered an early childhood teacher. 11. List three first aid qualification requirements that staff must have at a centre-based service and family day care. First aid qualification requirements for staff at a centre-based service i. ii. iii. First aid qualification requirements for staff at a family day care i. ii. iii. 12. Based on the Education and Care Services National Regulations in your state/territory(NSW): i. What six pieces of information must staff records include? ii. What two pieces of information must educator records include?

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13. Answer the following questions about record-keeping requirements set by the National Law and Regulations. i. Where must an early childhood and care service store their records according to the National Law? ii. According to the National regulation, which regulation and sub-regulation indicate the duration of how long these records should be kept. Regulation: Sub regulation: iii. For how long must the service keep a child’s record if the record pertains to an incident, illness, injury or trauma suffered by the child while enrolled in the service? iv. If the child died while enrolled at the service, for how long should the service keep this child’s record? v. If the child has no record of incident, trauma, illness, or injury, for how long should the service keep their records? 14. List six pieces of information that must be readily available for families to access as required by the National Regulations. 15. Below are the Australian Privacy Principles (APP) outlined in the Privacy Act of 1988. What does each APP state? i. Open and transparent management of personal information ii. Anonymity and pseudonymity iii. Collection of solicited personal information iv. Use or disclosure of personal information v. Security of personal information vi. Access to personal information vii. Correction of personal information

16. Refer to the National Regulation, list five exceptions with regards to confidentiality of records kept by approved providers of education and care services. 17. Assume that you are working as an educator at Sparkling Stars Early Years Learning Centre. Access and review their data security protocols here and answer the question that follows. Data Security Protocols (username: mfgrouplearner password: mfgroup@123) List two data security and two data sharing protocols for paper records and two data security and two data sharing protocols for electronic records that the centre implements. Data security protocols for paper records i. ii. Data sharing protocols for paper records i. ii. Data security protocols for electronic records i. ii. Data sharing protocols for electronic records i. ii. 18. Answer the following questions about United Nations Convention on the Rights of the Child. i. What is the purpose of the UN Convention on the Rights of the Child? ii. Identify two articles that are relevant to children’s education and care, and briefly describe them.

iii. How does the UN Convention on the Rights of the Child apply to your work in early childhood education and care? 19. Below are terms used in the Early Childhood Australia (ECA) Code of Ethics. Define each term in your own words. i. Children ii. Communities iii. Early childhood professional iv. Employer v. Families vi. Student 20. List the eight core principles of the Early Childhood Australia (ECA) Code of Ethics. 21. List three of the educator’s commitment to action in relation to each of the following: i. Children ii. Families iii. Colleagues iv. Communities In relation to children, the educator will: a. b. c. In relation to families, the educator will: a. b.

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c. In relation to colleagues, the educator will: a. b. c. In relation to communities, the educator will: a. b. c.

22. Below are legal and ethical consequences surrounding use of corporal punishment. Legal consequence: Corporal punishment goes against Regulation 166 of the Education and Care Services Regulations and can net violators $10,000 to $50,000 worth of penalties. Ethical consequences: Corporal punishment carries the risk of serious psychological harm to children. Corporal punishment may give children mixed messages about the role of violence in society. Based on these consequences, identify two similarities between the legal and ethical issues on corporal punishment. i. ii. 23. Below are legal and ethical consequences surrounding disclosing an individual’s personal information without their consent. Legal repercussions: Direct violation of the Privacy Act 1988. Direct violation of regulation 181 of the Education and Care Services National Regulations. Direct violation of Section 263 of the National Law. Ethical repercussions : Might put the safety of the child and their family in harm’s way. Goes against item #10 on the Early Childhood Australia Code of Ethics in relation to families. Goes against item #7 on the Early Childhood Australia Code of Ethics in relation to students. Based on these consequences, identify two differences between the legal and ethical issues on disclosure of personal information. i. ii.

24. Below are legal and ethical implications surrounding discrimination. Legal implications: Discrimination by age is unlawful according to the Age Discrimination Act of 2004 Discrimination by disability is unlawful according to the Disability Discrimination Act of 1992 Discrimination by race is unlawful according to the Racial Discrimination Act of 1975 Discrimination by sex is unlawful according to the Sex Discrimination Act of 1984 Ethical implication : Discrimination is a practice looked down upon and considered wrong in most societies. Based on these consequences, identify two interrelationships between the legal and ethical implications of discrimination. i. ii. 25. Differentiate real and perceived conflict of interests by describing each below. Real conflict of interest | Perceived conflict of interest

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26. Below are three situations where there is conflict of interest. Carefully review each scenario and determine whether the conflict of interest in the scenario is real or perceived. For each scenarios, write Real if the conflict of interest is real and Perceived if it is perceived conflict of interest. Scenarios i. An educator at a centre is an immediate family of the nominated supervisor. They drive to and from work every day. ii. An educator at a centre is an immediate family of one of the owners of the centre. It is known to the other staff and as per the staff records that the educator does not hold the qualification requirements. iii. The child receives care and attention from an educator than the other children. As what has been observed and confirmed by the staff at the centre, the educator has been receiving gifts from the parents of this child. iv. An educator is suspiciously friendly towards the parents of a child enrolled at the centre. As what the other staff observed, the child is comfortable with interacting and communicating with the educator. 27. Review the scenario below: You are related to the owner of the Early Years Learning Centre where you are working. Other staff have found out about this, and you started to notice changes in how they interact with you. They would stop talking in your presence and you suspect people are starting to avoid you. List two ways you can appropriately respond to this scenario. 28. Review the scenario below: You are one of the educators at Sparkling Stars Early Years Learning Centre, and you have noted that the parents of one of the children have started sending you gifts. One day, the mother has approached you in private to ask you to give their child extra care and attention. List two ways you can appropriately respond to this scenario. 29. List four ways you can contribute to workplace improvements in a constructive manner. 30. Access and review the Family Law Act 1975, and answer the following questions.

i. Until what age of the child, parents need to fulfil their responsibility? ii. What are the ways to ensure that the best interest of the children are met? iii. Provide two examples of responsibilities that parents have in relation to their children. a. b. iv. Provide two Aboriginal child’s or Torres Strait Islander child’s rights. a. b. 31. Answer the following questions about child protection in Australia. Your state/territory: NSW i. What is the title of the principal child protection act enforced in your state/territory? ii. What is the purpose of this legislation? iii. If there are concerns about abuse or neglect or certain behaviours, list at least three personnel that are required to report. a. b. c. iv. Provide two examples of ethical considerations relevant to child protection that should be considered by an early childhood educator. a. b. v. Refer to the legislation, under what situations are the people required to report? Identify three situations.

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