Legislation and Regulations

Legislation and Regulations
1 Child protection laws vary from state to state and territory
(jurisdictions) across Australia. It is essential for educators to
have knowledge of which of these laws applies to the
jurisdiction/s in which they work.
Name the primary acts of legislation for both:
NSW
ACT
The Australian Capital Territory (ACT)
Principal Act:
 Children and Young People Act 2008
(ACT).
Other Relevant Act / Legislation:
 Adoption Act 1993 (ACT)

 Children and Young People Act (ACT
Childcare Services) Standards 2009 (No. 1)

 Children and Young People (Employment)
Standards 2011 (No. 1)

 Crimes (Child Sex Offenders) Act 2005
(ACT)

 Family Violence Act 2016 (ACT)

 Ombudsman Act 1989 (ACT)

 Working with Vulnerable People
(Background Checking) Act 2011 (ACT)
New South Wales (NSW)
Principal Act:
Children and Young Persons (Care and Protection)
Act 1998 (NSW).
Other Relevant Act / Legislation:
 Adoption Act 2000 (NSW)

 Advocate for Children and Young People
Act 2014 (NSW)

 Child Protection (International Measures)
Act 2006 (NSW)

 Child Protection (Offenders Prohibition
Orders) Act 2004 (NSW)

 Child Protection (Offenders Registration)
Act 2000 (NSW)

 Child Protection (Working with Children)
Act 2012 (NSW)

 Crimes (Domestic and Personal Violence)

Act 2007 (NSW)

 Industrial Relations (Child Employment)
Act 2006 (NSW)

 Ombudsman Act 1974 (NSW)

 Young Offenders Act 1997 (NSW).
2 There are two types of report you can make if you are
concerned about the welfare of a child/young person; a
mandatory report and a voluntary report.
List the types of abuse a mandated reporter must report in
the ACT, and NSW.
Australian Capital Territory (ACT)
 Sexual Abuse.
 Mental torture.
 Physical Abuse.
New South Wales (NSW)
 Gender Discrimination.
 Traumatic Harassment.
 Ill treatment and physical and mental abuse.
3 Each jurisdiction has its own government department
(Authority) that manages child protection. What is the name of
the Authority a mandated reporter is to report to in the ACT,
and NSW?
Australian Capital Territory (ACT)
Child and Youth protection Services
Phone: [phone]
Email: mailto:[e-mail]
New South Wales (NSW)
Department of family and Community Services.
Phone: 13 21 11 (24 hours).
Online e-reporting site:
reporter.childstory.nsw.gov.au/s/
4 The Education and Care Services National Regulations provide
the guiding regulations for all Education and Care Services.
Name the main regulation specifically addressing child
protection and summarise the responsibilities set out in this
regulation (approximately 50-100 words).
To access the regulations go to
https://www.legislation.nsw.gov.au/#/view/regulation/2011/65
3
The Regulation act is a part of the Interpretation Act
1987. The national regulations has set few ranges of
operational requirements for the development and
the growth of education and care services in
Australia. The act also sets out the preparation and
the review of the QIP. Also there are certain factors
that ensure the different rating levels that are given
to certain services. Therefore the process is for
completing assessments and for the determination of
a rating and then processing it under the review of
the rating.
Currency of the version:

The Act is a current version of 1 July 2018 to the
present date.
Provisions in Force:
The Act has to go through several amendments and
various steps after being stated as an Act.
5 Explain what your “duty of care” is as an early childhood
educator/ education support worker (approximately 50-100
words)
The parents of a child puts faith in the abilities of a
Childcare Worker, to care for their children, three
gore there remains a lot of dependency and also
expectations from the end of the parents. The
childcare worker needs to follow and abide by
certain factors like providing safety to the child and
his/her family, Compatible with any type of
condition of the child, must not be prone to abuse.
The duty of care of the child care workers must be
that they will care for the children at home or the
childcare centre and ensure the child’s safety, and
make them enjoy the time with them, and also make
sure that they will learn and develop in a safe
environment when their parents are not around.
6 The National Quality Standards also set out responsibilities of
educators and staff to ensure children’s health and safety.
What is the main Quality Area and standard related to
keeping children safe and what does it state in the elements as
the obligations of educators? (3 elements)
Quality Area: The main quality area which is under
the National Quality Standard is established mainly
to safeguard and promote children’s health and
safety, minimise risks and to protect children from
harm, injury and infection.
Standard: National quality Standard
Elements:
- Wellbeing and comfort.
- Health practices and procedures.
- Incident and emergency management.
Rights of the child
7 List three (3) rights from the United Nations Convention on the
Rights of the Child, that relate to child protection which
should be incorporated in organisational standards, policies
and procedures
(Include the Article Number and summary)
Article 2
States parties respects and ensure the rights that are
set in thee present Convention to each child within
their jurisdiction and without the discrimination of
any kind.
Article 3
The child should have the right to express their
feeling and also perform acts that may be pleasing to
them. This encouraged in this article.
Article 4
The States parties undertake the appropriate
legislative and administrative and other measures for
the implementation of the rights for the convention.
Indicators and Impacts of abuse and neglect
8 Provide 5 examples of the impacts of abuse and neglect. (You
may include a selection of short and long-term impacts)
- Physical injuries.
- Psychological Trauma