Early Childhood Education and Care: Ethical and Legal Framework

This report, created by a student pursuing a Diploma in Early Childhood Education and Care, provides a detailed analysis of the ethical and legal frameworks governing childcare settings. Part A of the report presents a table outlining various ethical and legal topics, including the ethical and legal framework, compliant practices, and relevant legislation such as the Anti-Discrimination Act, Duty of Care, and the Children and Young People Act. The report then presents a case study where compliant and non-compliant practices are identified and discussed, along with the potential consequences of non-compliance. The report emphasizes the importance of maintaining confidentiality, avoiding discriminatory language, and adhering to privacy laws. Furthermore, the report provides insights into handling sensitive situations, such as a child's parent having a criminal record, and offers recommendations for leaders and educators to address ethical dilemmas, ensure child safety, and support the well-being of both children and families. The report concludes with a list of references to support the presented information.

Running head: DIPLOMA IN EARLY CHILDHOOD EDUCATION AND CARE
DIPLOMA IN EARLY CHILDHOOD EDUCATION AND CARE
Name of the Student
Name of the university
Author’s note

1DIPLOMA IN EARLY CHILDHOOD EDUCATION AND CARE
Part A
1. Table
Topic Ethical and legal
framework
An example of compliant
practice
a) Discrimination Antidiscrimination Act
1977
Giving equal
opportunities to everyone,
such as allocating role of a
fairy or queen to a dark-
skinned girl in classroom
drama.
b) Dignity of risk Equal opportunity Act
2020
All children have equal
access to educational
opportunities. Children
with special needs are also
provided with special
accommodation.
c) Duty of Care Care protection Act, 1998 Regular risk assessment is
made to ensure safety and
wellbeing for the child.
d) Children at Child Labour Act 1986 Mandatory reporting s

2DIPLOMA IN EARLY CHILDHOOD EDUCATION AND CARE
workplace done to child welfare
organization in case any
child is found in distress.
e) Universal
Declaration of
Human Rights
International Human rights
Law
Children are provided
ample space to play.
Ample hours of rest in
provided regular health
checkups are done to
ensure safety
f) Business insurances Education and Training
Reform Act 2006
As a leader, I should
ensure that all the
permanent staffs are under
the `worksafe insurance
cover
g) Mandatory
Reporting
The Children and Young
People Act 2008
The incident report is
reviewed every month to
ensure that incidents are
notified to the child and
youth protection services,
if the child was found to
have experienced any kind
of abuse
h) Practitioner/client United Nations We avoid use of

3DIPLOMA IN EARLY CHILDHOOD EDUCATION AND CARE
boundaries Convention on the Rights
of the Child (1991)
inappropriate terms or
names, or inappropriate
comments about the
appearance of a child, or
any sorts of humiliation
any sorts of vilification is
restricted.
Strict actions are taken
against any kinds of
inappropriate gestures or
languages from educator’s
side.
i) Industrial relations Industrial Relations
(Amendment) Act 2015
Weekly huddles, or team
lunch at the end of each
month, to maintain a
harmonious relation with
the staffs of the
educational settings.
j) Work health and
safety
The Health and Safety at
Work Act 1974
Risk assessment, parents-
teachers meeting to get
the feedbacks, monthly
health checkups,
reviewing the hygiene

4DIPLOMA IN EARLY CHILDHOOD EDUCATION AND CARE
requirement of the early
childhood setting.
2. Situation A
a) Compliant practices
 Interacting with Michelle, Marcus’s mother, while the child is in the classroom. The quality
area 6 of the National quality Standards of Australia states that respectful relationship needs
to be established with the families. They should be given the chance to be involved in the
service and contribute in the decisions in services.
 Raylene, greeting the family and the educator warmly. As per the Education and Care
Services National Law, the role of families and the parents is understanding the best interest
of children is respected and supported.
 Attending children in the constructive play area. This is in compliance to the National
Quality Standard, where “Responsive teaching and Scaffolding” has been emphasized upon
(NATIONAL QUALITY STANDARD, 2017). Educators respond to the ideas of children
and play and extend the learning of the children through communication and feedback.
b) Non-compliant practices
 Raylene, called Markus’s mother by her name. As per NATIONAL QUALITY
STANDARD, (2017), educators should be culturally sensitive while communicating
with the families and the children.

5DIPLOMA IN EARLY CHILDHOOD EDUCATION AND CARE
 Raylene, was discussing confidential messages in front of other guardian. Hence, lack of
confidentiality is another non- compliant practice. According to the Privacy Law of 1988,
any personal information related to any child should not be disclosed. Sensitive
information like criminal records should not be disclosed in front of others (Australian
Law Reform Commission, 2018).
 Raylene used a derogatory term, in relation to one of the parents in front of Michelle and
another child of the child care setting. As stated in the Education and Care services
National Law Act 2010, educators should not use discriminatory or inappropriate
language in a childcare setting.
c) The practices that has been mentioned in the previous document breached the Privacy act,
1988. Section 263 of the National Law applies the privacy at to Australian Children’s
Education and care quality Authority.
National quality Standard, quality area 6 (ACECQA, 2018).
d) Breaching of the National laws can lead to a penalty of about $1000 or $2000. In severe
cases, the alleged individual can be removed from the said organization and legal
proceeding may commence (NSW government, 2010).
Non-compliance of the regulations and norms in the childcare setting can compromise
safety and wellbeing of the children. It will further, strain the relationship of the
educators with the parents and children leading to loss of reputation as well loss of
business benefit from the center.
e) Working as a leader, I would conduct a disciplinary meeting involving Raylene and other
assistant educators to enquire, whether the staffs are all aware of the organization privacy
policies and the national regulation. The educator should be informed about the

6DIPLOMA IN EARLY CHILDHOOD EDUCATION AND CARE
organization policies and national regulation guidelines. A statutory warning can be given
to the educator, if the same is repeated for multiple times. Furthermore, Markus’s mother
should also be assured that the organization takes ample measures to promote safety to
every children. Hence, the educators should keep a watch that Krista’s father’s
association with prison does not affect wellbeing of Krista or other children.
f) It is evident that, Krista’s father had been in jail for fraudulency. A parent’s criminal
record is likely to affect the emotional and physical wellbeing of a child to educational as
well as economic outcomes in the future (Murray et al., 2018). It is not very surprising
that Krista might develop behavioral issues, if she does not get enough emotional support
from her parents and the educators. This could eventually affect other children as they
might start using inappropriate gestures or words. Again, Krista’s father have not
committed any criminal offences related to child protection issues, hence there is no such
law to restrict him to visit his children. Hence, an ethical dilemma is likely to arise, as
what necessary steps can be taken to assure other parents. On the other hand, it is also
essential for educators to provide emotional support to Krista to cope up with the distress.
g) I) Parents and the caregivers have the responsibility to provide safety to the children. As
per the Children act, 1989, a childcare center is legally accountable to safe guard and
promote the welfare of the children within their area, who are actually in need. Parents
have the right to intervene in any matter that compromises with safety and wellbeing of
the children.
In such a situation, At first I should speak to the parents in a respectful, clear and considerate
tone. Keeping in mind, the confidentially of the information, I should ensure that the parents get

7DIPLOMA IN EARLY CHILDHOOD EDUCATION AND CARE
accurate information. I would assure the parents, that each of the children are kept under
surveillance of the educators, hence any changes in the cognitive and the behavioral traits can be
easily identified. They should also be informed about the security services in the school,
presence of CCTV cameras, hence no crime will go un-noticed. I would find and share positive
ideas about child’s learning, experiences and behavior. It should be remembered that parents
should be allowed to make the final decisions and educators can only suggest the parents.
ii) As a leader working in an educational settings, it is necessary to remember that children
with incarcerated parents and mothers have an increased risk of academic failure and school
drop. Incarcerated parents can have long tern effects on the children. They might develop
antisocial behavior, poor school performance and physical and mental health problems. Hence,
Krista’s father could be called upon separately, to understand whether Krista’s needs are getting
addressed. Krista can be led to a thorough physical, mental and nutritional assessment to
understand the possible impact of her father’s incarceration on Krista.
iii) Other staffs and the educators should be informed about Krista’s case and should report if
the child displays any behavioral issues or abuses or harms any other child. Krista should strictly
not be discriminated from other children and strict measures should be taken if any kind of
discrimination found.
f) I will prefer to develop a specific plan of care for Krista. To get an idea about the
ambience, in which Krista had been staying, Krista’s house can be visited, followed by some
discussions about Krista’s performance. In case of severe behavioral issues, referral services can
be recommended. As a professional, there can be times when it is necessary to raise concerns
with parents about the needs of a child (Pianta, 2013). A problem-solving approach needs to be

8DIPLOMA IN EARLY CHILDHOOD EDUCATION AND CARE
adopted in order to identify the problem, to brain storm, as many possible solutions, to evaluate
the pros and the cons jointly and implementing the solution.

9DIPLOMA IN EARLY CHILDHOOD EDUCATION AND CARE
References
ACECQA, (2018).National Quality Framework. Access date: 4.2.2020. Retrieved from
https://www.acecqa.gov.au/nqf/national-law-regulations/national-law
Australian Government Department of Education and Training, (2016). THE EARLY YEARS
LEARNING FRAMEWORK FOR AUSTRALIA. Access date: 4.2.2020. Retrieved
from
:https://docs.education.gov.au/system/files/doc/other/belonging_being_and_becoming_th
e_early_years_learning_framework_for_australia_0.pdf
Australian Law Reform Commission, (2018).Criminal offences relating to child protection.
Access date: 4.2.2020. Retrieved from: https://www.alrc.gov.au/publication/family-
violence-a-national-legal-response-alrc-report-114/20-family-violence-child-protection-
and-the-criminal-law-3/criminal-offences-relating-to-child-protection/
Murray, J., Bijleveld, C. C., Farrington, D. P., & Loeber, R. (2014). Effects of parental
incarceration on children: Cross-national comparative studies. American psychological
association.
NATIONAL QUALITY STANDARD, (2017). Access date: 4.2.2020. Retrieved from:
https://www.education.vic.gov.au/Documents/childhood/providers/regulation/
NQSDescriptorTable.pdf
NSW government, (2010).NSW Legislation. Access date: 4.2.2020. Retrieved from
https://www.legislation.nsw.gov.au/#/view/act/2010/104

10DIPLOMA IN EARLY CHILDHOOD EDUCATION AND CARE
Pianta, R. C. (2013). Classroom management and relationships between children and teachers:
Implications for research and practice. In Handbook of classroom management (pp. 695-
720). Routledge.
References