Procedure Family Day Care Complaints Handling Table of Contents Table of Contents... 1 Procedure... 2 Purpose & Scope... 2 Process... 2 Controlled Document Information... 4 Lake Macquarie City Council Page 1 of 6
Purpose & Scope Procedure A parent, educator or other person needs to be able to provide feedback including a complaint, about education and care services provided, at any time. When making a complaint, the complainant should be without fear of repercussion or victimisation, and be confident of proper investigation and resolution of the matter. All parties to the complaint should have the right of reply to the issues raised, and the right to natural justice. The process of investigating and resolving complaints should be prompt, fair, and consistent, with opportunity for negotiation between the parties. All persons dealing with the complaint should protect the rights and dignity of all parties. Process All information is to be collected according to the principles of the Privacy and Personal Information Protection Act 1998 and accordingly will only be used for the purpose for which it is being collected, in emergencies or as otherwise required or authorised by law. 1 Any educator or staff member who believes a child in care is at significant risk of harm has a mandatory requirement to report their belief immediately (refer to Lake Macquarie Family Day Care procedure Responding to Risk of Harm Concerns) 2 A person complaining about violent or threatening behaviour of an adult in an education and care residence or venue, must first direct the complaint to the Police, and must then notify the Nominated Supervisor at the earliest opportunity. 3 Lake Macquarie City Council will manage all complaints about staff according to Lake Macquarie City Council Feedback Management Policy. 4 A person wishing to raise a complaint should first attempt to resolve the complaint with the other party to the complaint. 5 If the complaint is unresolved, the complaint may be referred to the Nominated Supervisor or delegate. Unresolved Complaints 6 The Nominated Supervisor will conduct all necessary interviews and meetings with the parties to the complaint 7 The Nominated Supervisor, in consultation with the Manager of Community Planning, will review the results of all investigations having regard for policies, procedures and regulatory requirements, and will decide a course of action to resolve the complaint. This may include: determining the complaint is unfounded and therefore resolved altering, suspending or terminating a care placement issuing a formal warning to an educator and development of an educator action plan with strategies to improve practices recommending the Approved Provider suspend or remove an educators name from the register of educators. Refer to Procedure - Grounds for suspension of an educators name from the register 8 The Nominated Supervisor will discuss the results of the investigation and any action decided on to resolve the complaint with the parties, and will give the parties opportunity to respond to the decision. Lake Macquarie City Council Page 2 of 6
9 The Nominated Supervisor will record the discussions and actions agreed upon by the parties and will confirm, within 5 working days, the agreements reached and the parties rights of appeal. 10 The Approved Provider (Lake Macquarie City Council) must lodge a Child Protection Notification Form with the Ombudsman within 30 days of receiving the complaint, if the complaint involves reportable conduct by an educator or staff member. Rights of Appeal 11 If either party to a complaint seeks a review of the decisions of the Nominated Supervisor or Approved Provider (Lake Macquarie City Council), they may refer the matter to: General Manager, Lake Macquarie City Council, PO Box 1906, Hunter Region Mail Centre NSW 2310 Telephone (02) 4921 0333: or Administrative Decisions Tribunal, Level 15, 111 Elizabeth Street, Sydney Telephone (02) 9223 4677 or 1800 060 410 Internet: www.lawlink.nsw.gov.au CONTACT INFORMATION FOR COMPLAINTS Jan Morgan, Nominated Supervisor Lake Macquarie Family Day Care Ph: (02) 4921 0156 Email: familydaycare@lakemac.nsw.gov.au Department of Education and Communities Ph: 1800 619 113 Fax: (02) 86331810 Email ececd@det.nsw.edu.au Lake Macquarie City Council Page 3 of 6
Authorisation Details Controlled Document Information Folder No: F2004/12276-02 TRIM Record No: D08386492 Audience: Department: Officer: Departmental - Family Day Care staff, educators and stakeholders Community Planning Service Manager - Jan Morgan Review Timeframe: Max < 4 years 3 years Next Scheduled Review Date: 13 September 2020 Authorisation: Manager - Community Planning - Andrew Bryant - 13 September 2017 Related Document Information, Standards & References Related Legislation: Related Policies (Council & Internal): Related Procedures, Guidelines, Forms, WHS Modules/PCD s, Risk Assessments, Work Method Statements: Standards COP s & Other References The National Quality Framework Children (Education and Care Services) National Law (NSW) Education and Care Services National Regulations Education and Care Services National Amendment Regulations 2014 Privacy & Personal Information Protection Act 1998 Government Information Public Access Act 2009 Ombudsman Amendment (Child Protection and Community Services) Act 1998 Ombudsman Act 1974 Children & Young Persons (Care and Protection) Act 1998 Commission for Children and Young People Act 1998 Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Lake Macquarie City Council Feedback Management Policy Code of Conduct Lake Macquarie Family Day Care procedure Responding to Risk of Harm Concerns Grounds for Suspension of an Educators Name from the Register Council Customer Charter NSW Ombudsman Complaint Management Framework and Complaint Handling Model Policy Sets our commitments and response times to customer correspondence Lake Macquarie City Council Page 4 of 6
Definitions Term / Abbreviation Definition Nominated Supervisor Authorised Supervisor of Lake Macquarie Family Day Care, Nominated Supervisor responsible (along with the Approved Provider) for ensuring the service is following the Law and the Regulations, Certified Supervisor a person with a supervisor certificate placed in day to day charge of an education and care service. Educator (a) a person actually involved in educating, minding or caring for children at his or her residence or venue and whose name appears on a current Lake Macquarie Family Day Care Register of Educators (a primary educator) ; and (b) a person whose name appears on a current Lake Macquarie Family Day Care Register of Educators and who is engaged as a relief educator to educate, mind or care for children in the residence or venue of a primary educator (c) a person whose name appears on a current Lake Macquarie Family Day Care Register of Educators and who is engaged as an educator assistant to educate, mind or care for children in the residence or venue of a primary educator for no more than 4 hours Co-ordinator Complaint Director- General Approved Provider Mandatory reporting Policy and procedures Regulatory requirement provides support and assistance to all FDC educators registered with LMFDC, and monitors each educator s compliance with The National Quality Framework a problem or concern raised by staff, educators, parents or members of the community about the operation of the Family Day Care service or the manner in which staff and educators perform their duties, fail to perform duties or fail to comply with policy, procedure or regulatory requirements. Requests for service or action, or requests for policy review, are not complaints Director General of the Department of Community Services. the holder of a current licence for operation of Lake Macquarie Family Day Care issued by the Department of Community Services a regulatory requirement under Section 27 of the Children and Young Persons (Care and Protection) Act, for any person working with children to report risk of significant harm for children current Lake Macquarie Family Day Care policies and procedures State and Federal Government regulations that are relevant to the provision of Family Day Care services in NSW Reportable conduct (a) any sexual offence, or sexual misconduct, committed against, with or in the presence of a child; (b) (c) any assault, ill-treatment or neglect of a child; or any behaviour that causes psychological harm to a child Staff The National Quality Framework an employee or employees of Lake Macquarie City Council for service within Lake Macquarie Family Day Care Includes: a National Legislative Framework that consists of the Education and Care Services National Law Act 2010 and Education and Care Services National Regulations 2011 a National Quality Standard an assessment and rating system a Regulatory Authority in each State and Territory who will have primary responsibility for the approval, monitoring and quality assessment of services in their jurisdiction in accordance with the national legislative framework and in relation to the National Quality Standard. The Australian Children s Education and Care Quality Authority (ACECQA) Lake Macquarie City Council Page 5 of 6
Consultation (update for each version created) Key Departments, Teams, Positions, Meetings: Family Day Care Staff, Educators and Stakeholders Version History Version No Date Changed Modified By Details and Comments 2 16/5/2007 J. Wade Updated key resources and legislative requirements, include reporting requirements to Director-General and definition of Director-General, include contact information for Department of Community Services 3 12/1/2009 J. Wade Update references and attachments 4 14/07/2010 J. Morgan Update responsible officer, change title of Carer to Educator, update references 5 07/12/2011 S. Vickers Update reference of Children s Services Regulation 2004 & NCAC to The National Quality Framework, home to residence or venue, childcare to education and care, added definition of The National Quality Framework, updated definition of Authorised Supervisor 6 02/02/2014 J. Morgan Updated Licensee to Approved Provider, Authorised Supervisor to Nominated Supervisor, added reference to educator assistant in definitions. Added Point 10. 7 13/08/2014 J Morgan Updated reference to legislation and include Education and Care Services National Amendment Regulations 2014 8 11/09/17 J Morgan Updated references and included Councils revised Feedback Management Policy and Council Customer Charter, removed LMFDC fax number Lake Macquarie City Council Page 6 of 6