Childcare and Education: Concepts and Regulations

This article discusses various concepts and regulations related to childcare and education, including duty of care, mandatory reporting, codes of practice, discrimination, privacy, confidentiality, and managing a child's records. It provides an overview of each concept, its application in education and care services, impacts on educators, and consequences of breaching the concept. The article is a valuable resource for educators and childcare providers.

Childcare and education
Childcare and education
Name
Professor
Institution
Course
Date
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Question 1/22
Read the case study below and answer the questions that follow. Indicate in the space
provided which question you are answering.
This afternoon, educator Josephine was making standing on a chair to display children's
artwork on the wall of the service. While hanging up some of the paintings, Josephine slipped
and fell off the chair, injuring her right elbow. First aid was administered, but it was decided
to take her to the hospital emergency ward for treatment of her injury.
a) Locate an incident report template, either in your workplace or online. List at least six (6)
sections that must be filled out on an incident report when recording incidents.
Employee name
Title/role
Date/time of incident
Incident description with all events leading to or immediately following that particular
incident
Task leading to incident
Witness name and contact
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Staff explanation of events/circumstances following the incident
Resulting action that was executed or typically recommended to be undertaken
b) List the common steps you should take if a workplace incident occurs.
Acquire a plan to secure and manage the incident scene
Properly evaluate and examine the injury and conduct investigation
Ensure each particular kind of workplace incident reports forms are actionable to roll
Visit the healthcare without any unnecessary delay
Report immediately with fresh description and details. Create a final report and make design
appropriate recommendations
Check in constantly with your existing employees or staff/follow up
c) Who should you notify if an incident occurs in the workplace?
The statutory reporting requirement indicates that in case an accident or injury affects a
particular employee in a workplace setting, the employer should immediately notify the
relevant commissioner in the prescribed form
The employee should also inform the supervisor immediately after incident occurrence
Question 2/22
Research your relevant state/territory WHS legislation and summarise what is covered in
relation to the topics listed below. Indicate in the space provided which topic you are
providing an answer for.
a) Name of the legislation
Best Practice Regulation
b) State/territory WHS authority
Victoria state
c) Rights and responsibilities of employer
1. Duty of care
2. Workplace agreements
3. Legislative needs for workers dismall
4. Relevant and necessary state and territoriakl employment legislation
5. Protecting employees’ rights, needs
d) Your rights and responsibilities
1. Avoiding getting into dangerous tasks
2. Following employers instructions
3. Carrying out duties diligently
4. Right to be protected
5. No discrimination
e) Workplace health and safety policies and procedures
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Proper and constant consultation with the workers regarding work health and safety would be
accomplished.
The procedures should be documented in written form in order to issue out clarity and certain
at the work setting and provide critical workers compliance (Gilley, Tayler, Niklas & Cloney,
2015, p.9).The procedures should also be highly accessible. They should be continuously
communicated to individual’s workers to whom the policies apply. Many work areas should
have a given health and safety committees who play a vital role in development of policy
standards, rules, regulations and important procedures. The workers should adhere to the
adhere or cooperate with the relevant policies as indicated in the work health and safety act
f) Consequences of breaches of WHS responsibilities
My relevant state territory is Victoria
Consequences
Victoria’s health and safety in a workplace regulation gives various corrective procedures and
enforcement alternatives. These usually include provisional improvement notices (PINs) that
are provide by existing occupational health and safety authorities or representatives. There
are also improvement and prohibition issue notices and on spot consequence fines charged by
Worksafe Victoria state regular inspectors. Breaching these processes result to relatively
heavy fines and serious penalties.
Question 3/22
In your own words, provide a brief summary of the Education and Care Services National
Law and Regulations, and the National Quality Standards.
These laws and regulations contributed to the setting of the national quality standard and
offered a significant regulatory framework for development of both education childcare
services in the present day Australia state. These involves whole day care and family day care
these are aimed to benefit preschools/kindergartens and also away from normal school hours
care. Teachers and educators who work closely to children need to understand the needs of
the laws and regulations.
The national law. This involves a national, uniform and managed jointly conceptual approach
to ensure proper assessment of education and childcare services. It was cooperatively grown,
passed by Victorian territory and applied in others territories and states.
The national regulations. This contributes to providing various needs for education and
childcare services in several Australia territories. They give assess clearly and provide a
particular rating process (Gilley et al 2015,p.9).They also give needs for preparing, evaluating
and reviewing QIP.They provides a platform for a process to critically establish distinct
rating levels for care and education services. Therefore they both sets national standards for
children’s education and proper care across all territories in Australia
You may like to refer to your reading ‘Guide to the National Quality Framework’ to assist
you with this task.
Question 4/22
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Research the concepts of duty of care and mandatory reporting in relation to working in
education and care services, then describe each covering the points below. Indicate in the space
provided which concept you are describing.
 What is meant by each concept
 How these concepts apply to working in education and care services
 The impacts on educators (i.e. what you need to be aware of as an educator)
 The consequences when these concepts are breached.
 The concept of duty of care literally means that every employee in the education
department has the ultimate responsibility to undertake reasonable care in order to give
protection and security to young children under their present care. They are required to
have a duty to control the children from coming into contact with a possible cause of
foreseeable risk of harm. It works by assigning each child a carer and ensuring them a
child safe environment (Gilley et al 2015,p.9).They should act within the appropriate
behavioural standards in ways that all others are reasonably expected to act.it helps
educators to understand how it affects all aspects of children life and avoid negligence in
the services
 Breaching these concepts might bring hazards and accidents that make others to
physically suffer. It also attracts fines, discontinuation and penalties. I
 The concept of mandatory reporting means that those existing child care givers, qualified
people and educators who have been legally approved should always report any
reasonable suspicion of an intended child’s harm. Educators should be aware that child
harm might come from acts of omissions like physical abuse, neglecting and exploiting.
Workers and colleagues must give report or information regarding any reportable harm
suspicion. They can contact departments that hep children who require protection in case
of risks of abuse. Failure to disclose information or report is a criminal offence. It has
impacts on educators since they receive advice and assistance from Meridian lawyers
Question 5/22
Research the concept of dignity of risk in relation to working in education and care services,
then describe it covering the points below.
 What is meant by dignity of risk
 How this concept applies to working in education and care services
 The impacts this has on educators (i.e. what you need to be aware of as an educator)
 The consequences when it is breached.
 The concept dignity of risk is an individual’s right to have experience involving
everything that life offers and learning new skills or actively undertaking a certain
tasks that may have some form of risk. However it is also has some elements of
advantages like having self-esteem results (Gilley et al 2015, p.9).It is a concept which
recognizes possible risks as normal part of life which is important in helping people
learn and develop.as an educator one should be aware that Disability workers are also
expected to shield the children under their care from all anticipated risks. Workers
should take reasonable and extremely cautious care during work
 If breached workers in education care services may be discontinued from their
workplace. It also attracts heavy fine charges and serious penalty.
Question 6/22
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Research the concepts of codes of practice and codes of conduct in relation to working in
education and care services, then describe each covering the points below. Indicate in the
space provided which concept you are describing.
 What is meant by each concept
 How these concepts apply to working in education and care services
 The impacts on educators (i.e. what you need to be aware of as an educator)
 The consequences when these concepts are breached.
CODE OF PRACTICE
It discusses in detail the ethics or standard practices that professional individuals should have.
They are determined by general principles which constitute the work of professions which
should be mostly applied in practice. Codes of practice focus on objectives of the profession,
the basic ideals to which young child carers need in order for them to give a point of direction
(Gilley et al 2015, p.9).They discuss key and clear standard childcare practice beyond the
lowest acceptable and achievable daily activities. In this perspective they give guidance and
aid childcare workers making them aware of the standards they should acquire or maintain so
as to highly achieve. Individuals working close to children have privileges since they can
control and manipulate children in both positive and negative ways. Therefore there’s need
for them to maintain ethical and practical responsibilities. They are both regulatory and
discipline mechanisms.
Codes of conducts. This concept involves a given set of rules that ensure society norms,
religious rules and guide different responsibilities of a person. They are important principles,
values and standards of good behaviour that help guide the decisions of educators or children
care providers. It contributes highly to the welfare of young children and respect the right of
children. They are effective since they are well utilised by benefiting educators through
training. Educators are also able to voice they concerns in cases of issues so that supervisors
in charge can respond with an immediate action.
The fundamental objective is to highly encourage proper standards for children and test their
effective nature on if they have any effect on practice. These codes indicate why it is
beneficial to meets the needs and requirements of young children. They strengthen
relationships and increase the motivation of childcare educators thus carrying out them
activities efficiently and increasing their work profession values like respect, love, care and
much concern over vulnerable young children
Question 7/22
Research the concept of discrimination in relation to working in education and care services,
then describe it covering the points below.
 What is meant by discrimination
 How this concept applies to working in education and care services
 The impacts this has on educators (i.e. what you need to be aware of as an educator)
 The consequences when it is breached.
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Discrimination is a concept that arises when a person is unfairly treated.it happens as a result
of presence of stereotypical and prejudiced issues or beliefs about her other individuals. It
involves failing to treat children fairly regardless of sex,ability and race or age
group.Dicsrimination in education and childcare is against the law.it reduces equal
opportunities for children to unleash their fully capability and intellectual capacity.
This concept helps educators since they get aware of their rights to work in a certain
conducive environment which is free from discrimination. It provides legal responsibilities
and roles to ensure safe and fair teaching and learning practices where all educators and
children get equal care and learning opportunities (Gilley et al 2015, p.9).Educators are enrolled
in training programs to give them knowledge and skills which help reduce discrimination
activities in education. This leads to decreased legal liability. Therefore children have the
right to be treated fairly without being mistreated.
Consequence. Breach of this concept attracts heavy fines and penalty for example jail term
since it is against the law
Question 8/22
Research the concepts of privacy, confidentiality and disclosure in relation to working in
education and care services, then describe each covering the points below. Indicate in the
space provided which concept you are describing.
 What is meant by each concept
 How these concepts apply to working in education and care services.
 The impacts on educators (i.e. what you need to be aware of as an educator).
 The consequences when these concepts are breached.
Question 9/22
Research the concept of managing a child’s records in relation to working in education and
care services, then describe it covering the points below.
 What is meant by managing a child’s records
 How this concept applies to working in education and care services
 The impacts this has on educators (i.e. what you need to be aware of as an educator)
 The consequences when it is breached.
 Confidentiality policy revolves around proper collection, storage and utilisation of a
child’s personal information.
 Disclosure involves giving information regarding the personal information of a child
and give to authorities who need that particular information.
 Privacy involves giving children an opportunity and chance to be independent
sometimes through enabling them do their own choice, work and decision.it also
involves giving them free time and not interfering with their activities
 This ensures that there is total compliance with the set out privacy legislation
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This particular concept involve properly keeping and maintenance of records thus assisting
childcare services to be in compliance with Australian national law and regulations. This aids
delivery of increased quality education and childcare for the young children present in the
care services (Gilley et al 2015,p.9).Approved carers and educators have the responsibility to
comply with the required record management in complete accordance with laid out law
measures. All staff should maintain children’s records in an efficient manner. Some of the
activities include incident, sickness and injury record, registering children available,
medication records, number of children attended and children enrolment records. It also
includes documenting the children assessment records in order to deliver a good education
service program. Recording those who visit children is also important in ensuring safety of
children
Consequences. Breaching the requirements of managing a child records attracts a heavy fine
of between $1000-30000
Question 10/22
Research the concept of educator/client boundaries in relation to working in education and
care services, then describe it covering the points below.
 What is meant by educator/client boundaries
 How this concept applies to working in education and care services
 The impact this has on educators (i.e. what you need to be aware of as an educator)
 The consequences when it is breached.
 This concept involves drawing a precise lines on what kind of behaviour is necessary
since working with children makes the educators to develop close relationships with
various young individuals. It is evident that the relationship between children and
carers is strongly built on trust since it can result to children developing some kind of
emotional dependence. As workers, there is need to typically strike the right needed
balance since the relationship with clients should neither distant nor cold. Good
relationships with clients is important. Children are much vulnerable and there is need
to maintain good boundary and relationships in empowering them, caring and
educating them (Spodek & Saracho 2014,p.55). (Spodek & Saracho 2014, p.55). Therefore
educators need to set limits in relating with the children. Each boundary helps
educators to clearly define themselves on who they are. It’s beneficial since it
provides knowledge, good behaviour and harmonious relationship with children. This
increase the educator’s professionalism and career satisfaction. Conversely each
strength of relationship boundary depends on the type of relationship with the
children.
 Consequence. Breaching or not complying with laws regulating child relationship
attracts a jail penalty
Question 11/22
Research the concept of complaints management in relation to working in education and
care services, then describe it covering the points below.
 What is meant by complaints management
 How this concept applies to working in education and care services
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 The impacts this has on educators (i.e. what you need to be aware of as an educator)
 The consequences when it is breached.
This concept involves dealing with investigations on various complaint issues and grievances
raised by children and educators in a fair and timely way. Complaints may be got from all
childcare service participants like parents, children, volunteers, carers, external agencies and
members of a given society. These minor issues include showing displeasure of childcare
service or education due to its poor nature of delivery. Complaints are also related to the
safety of young children. Complaints management ensures proper keeping of information
records of grievances raised in order to handle them efficiently for the betterment of future
services.
Educators should be familiar with complaint laws policies and procedures. They are therefore
able to identify, prevent and deal or give probable solutions in cases of concerns raised before
they become constant and serious complaints. It helps the educators to highly maintain
professionalism and confidentiality (Spodek & Saracho 2014, p.55). They are able to acquire
skills on how to respond and resolve problems in an efficient manner.
Consequences. Failure to immediately respond to complaints may result to harm and
increased service challenges in a childcare setting. According to education and care services
national act 2010, breaching the law attracts fines.
Question 12/22
Briefly describe how ethics and law are:
 Interrelated
Ethics also known as moral philosophy involves existence of various moral principles that are
focused with what is literally good for people and society. The ethical standards are focused
on human principles on having to establish of what is right or wrong. Law standards are
determined by a written legal law. A particular issue can be legal but unfortunately not of
ethical standards. Rules accepted by a particular society or state are guided by appropriate
behaviours of personal ethics. Law are designed from existing moral values of community
 Similar
Both the concepts of ethics and law usually discuss the basic appropriate behaviour of
people. It is quite clear that laws are designed based on the available moral principles
and values of a certain societal setting.
 Different.
 Law standards are determined by written legal laws. A particular issue can be legal
but unfortunately not of ethical standards
 There are distinct because ethics involves various rules of behaviour conduct while
laws are rules that are ultimately made by government authority so as to maintain
balance in the entire society and protect the citizens (Spodek & Saracho 2014, p.55).
Ethics are defined as moral personal codes which the society expects them to always
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conform to the set standards. Laws on the other hand are typical codifications of
moral ethics that are properly utilised to regulate behaviours in a given society.
Question 13/22
For each of the two (2) situations detailed below, describe:
 Whether it’s a legal or ethical issue
 How you would respond
 How personal values might impact on your interpretation/judgement of each situation.
Indicate in the space provided which situation you are responding to.
Situation 1: A person unfamiliar to the service (and not registered) has come to pick up
Joey.
This is a legal issue
I would calmly respond to the stranger and explain the rules of the care centre.one of the
rules indicate that strangers or any person not registered in the records and have the right to
pick the child should not be allowed to leave with the child. I would make him/her
understand the consequences and importance of this rule. It helps us keep track of children
thus protecting and keeping them safe from foreseeable harm. Therefore the right person
registered to Pick Joey should be contacted immediately.
Situation 2: A new worker has just been speaking about ‘nailing the job’ by providing a
‘bogus’ qualification.
Legal and Ethical issue
A genuine qualification must be in compliance with ethical and law standards. Education
provider should be registered with education department. The qualification must also be
accredited. It is also unethical to offer job to unqualified people (Spodek & Saracho 2014,
p.55). According to this situation my personal values show that it is wrong both legally and
ethically. The staff need to be reinstated from the job and his position revoked. The person in
charge should be investigated and face the full wrath of the law. Having incompetent and
unqualified workers will make children more vulnerable to risk of harm and poor service
delivery.
Question 14/22
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Read the scenario below and answer questions that follow. Indicate in the space provided
which question you are answering.
Gabby is new to your workplace. You have just observed her yelling at Emilia (6 years old),
telling her to hurry up and pick up the toys. Emilia has recently moved to Australia with her
family, and her English is not as advanced as the other children.
While Emilia has become quite distressed and has started crying, you note Gabby’s
intolerance and continual demands. Interestingly, you note that Gabby is not yelling at the
other children, including her own child, Jax.
Then, the service manager walks past and you notice that Gabby’s demeanour changes
immediately, to one of calm and tolerance towards all of the children.
a).Referring to the Early Childhood Australia (ECA) code of ethics, identify one (1) code that
has been breached by Gabby and explain why (i.e. the behaviours she has displayed that
contradict the code of ethics).
Gabby breached ECA code of ethics in relation to children and also in relation to
profession.Gabby didn’t act in the best way is needed by ECA code of ethics in relation to
children. By yelling to Emilia is shows a form of discrimination which is accounted as form
of ethic breaching in Australia. It’s not professional for Gabby to yell to the kid.
b) What actions should you take, based on the ethical responsibilities and limitations of your
role as an educator?
First I would have advised Gabby on the concept of ethics in relation to children. This
means that Gabby is not aware on the core principles of ethics in relation to children. Gabby
knows she is doing wrong by handling Emilia in that inhuman approach and that’s why when
the service manager enters she pretends nothing wrong.
c) How might this become a legal issue?
This can become a legal issue by creating awareness to the stuff in the organization on
the effects of breaching the ECA code of ethics. Through formulating legal rules to protect
this scenario then one will help in legalising the incidence.
d).What is a possible consequence of these breaches?
Every organization forms the rules in conjunction with the consequences one gets
when he or she breaches a certain law. The consequences here involve judgement in courts
for breaching ECA code of ethics in relation to children. Also, there is the issue of job
termination for acting so inhuman. It’s unprofessional to yell to a young child. For this case
Gabby is guilt in court of law.
e) Briefly describe what is meant by ‘conflict of interest’ and explain how it might apply in
this scenario.
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Conflict of interest refers to the situation whereby the individuals or organization is in
position to exploit his or her official capacity in any way for personal or organizational
benefit. Generally, it involves someone acting improperly within an organization. In our
scenario the conflict of interest applies to Gabby continual demands and intolerance to
Emilia.
e).As part of the service’s response to the ethical and legal issues that have arisen, you have
been asked to formally lodge a complaint against Gabby. How would you proceed? (You
may refer to a complaints management policy and procedure to help you answer this
question).
I will use the following steps to lodge the complaint.
-Considering the claim by describing the specific complain.
-Assessing the entire feasibility of the complaint done by the Gabby.
-Coming up with appropriate strategies that describes the desired outcomes of the complaint.
-Writing the specific complaint done by the Gabby.
-Writing the final statement and the follow up of the complaint.
Question 15/22
Conduct your own research into the development and review of workplace policies,
procedures and protocols and answer the following questions. Indicate in the space provided
which question you are answering.
a) List at least three (3) steps that are typically taken when developing workplace
policies, procedures and protocols.
Consultation
Tailor the policy to the workplace
Define obligations properly in a more specific manner
Make the policies and procedures much realistic
Publicise the developed policies and procedures
Marinating much consistency in the policy and procedure implementation
Constantly evaluate and review all the set policies and procedures
Enforcement of the developed policies and procedures
b) List at least three (3) steps that are typically taken when reviewing workplace
policies, procedures and protocols.
Needs analysis 823721
Research step
Drafting policy contract
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Proper consultation process
Approval
Effective communication and implementation
Proper policy maintenance and review
Question 16/22
Briefly describe what is meant by the terms ‘human rights’ and ‘human needs’. Also
describe the difference between them.
A human need is used to describe the existing conditions need for young children to thrive
A right on the other hand basically recognizes the child entitlement by virtu nature of being a
young person to have the need fulfilled
Human needs are tangible an intangible resources. A person cannot survive without them for
example food and water. Human rights become available through peoples actions or
appropriate behaviour or responsible acting. They govern actions and issues of human. They
arise from insight of reason and also determined from formal society laws. They are decide
by the society
Human needs are biological and psychological in nature. They are decide by nature.
Both are prone to change over time according to varying situations, individual and
community
Question 17/22
Describe what is meant by ‘informed consent’. Also provide an example of where/when you
may need to obtain informed consent when working in an education and care service.
It involves a legal term that makes individuals aware of various facts present in particular
situation before coming into an agreement or conclusion, for example a consent is needed in
child diagnosis.one need to obtain informed constant in case of a complex treatment
procedure of a sick child (Spodek & Saracho 2014, p.55).Also identifying risks, benefits and
alternatives of the treatment procedure. In emergency cases such as unconscious child
professional judgement is required to make informed decision on what is best for the child
since parents might not be available to give informed consent for a particular treatment.
Question 18/22
Research the two (2) national approved learning frameworks:
 Belonging, Being and Becoming: The Early Years Learning Framework for Australia
This document has the purpose to ensure that there is ultimate extension and enrichment
of young children education from birth to reach 5 years of age effectively learning and
improving their school physical and emotional transition. It shows that early childhood is
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given time horizon of young children learning aspects and development. This particular
framework enables that they experience significant care setting are exposed to high
quality teaching
 My Time, Our Place: Framework for School Age Care in Australia
Provide a brief explanation of each learning framework, including the key differences. In
your answer, indicate how and where you accessed this information.
Question 19/22
Name the two (2) key parties involved in the implementation of an approved learning
framework in a service.
Teachers or educators
Students
Question 20/22
Research information on the United Nations Convention on the Rights of the Child.
Convention in this case involves a given agreement between state authorities singed to cover
specific matters. They are formal treaties established to solve problems and protects rights of
citizens for example children (Gilley, Tayler, Niklas & Cloney, 2015, p.9).
The articles indicate the rights of children in both social legal principles to live a normal life.
Article 1.for the given aims of the convention, children are people below 81 years of age and
are under protective and applicable laws
Article 2.all parties of particular state should respect and children rights available in the
convention to all children within the existing jurisdiction. Important measures should be
undertaken by the state to enhance protection of children from practices of mistreatment,
discrimination, physical and sexual abuse irrespective of disability nature, colour, and race
and background status
Question 21/22
Describe three (3) types of ongoing professional development employees in the education and
care services are required to undertake and maintain to ensure they are able to meet the legal
and ethical requirements of their role.
Work based learning
Professional activity
Self-directed learning
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References
Gilley, T., Tayler, C., Niklas, F. and Cloney, D., 2015. Too late and not enough for some
children: early childhood education and care (ECEC) program usage patterns in the years
before school in Australia. International Journal of Child Care and Education Policy, 9(1),
p.9.
Spodek, B. and Saracho, O.N., 2014. Handbook of research on the education of young
children. Routledge.
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