Frequently Asked Questions
General
What is a children's service?
The Care and Protection of Children Act describes a children's service as a service that:
- cares for children under the age of 13 years
- the care is provided at a place other than the childs usual place of residence
- the service is provided by someone who the parents/family have given the responsibility to care for.
The following are not considered childrens services
- care provided by family members
- a private arrangement where the carer only cares for children of one family
- the service operates for less than 2 hours a week
- education services eg school including preschool
- health services
- sport and recreation services
- child protection services.
Do I need to register or license my service?
Depending on the nature of the services and the length of time it is provided, it will either need to be registered or licensed.
Child care services provided from the carers own home, or short term care (such as creches in clubs), or one-off events (such as conferences), will need to be registered by 31 December 2011. Registrations will be available from April 2011.
Services that are child care centres and 3 Year Old Kindies will continue to be licensed. Outside school hours care services will be licensed by 31 December 2013. Home based care coordination schemes will be licensed by 31 March 2011.
How do I register?
To register a service, applicants will need to contact the relevant agency, such as the Department of Education and Training or a licensed service approved to register home-based care and complete the required paperwork. The application will require contact and location details, and a commitment to comply with the core conditions. Registration will need to be renewed annually.
How do I obtain a children's service licence?
To obtain a licence, applicants will need to provide the Department of Education and Training with information about the service and how the licensing requirements are to be met. The licence applicant will be required to undergo an assessment (e.g. criminal history, capacity to operate a service) to assess their suitability to be the licensee of a children's service.
Some services requiring a licence in remote areas will be eligible to enter into an Action Plan Agreement. This means that the local community and an officer from the Department of Education and Training will agree on the standards that will be met and the time for meeting these agreed standards. This agreement will allow services to work towards meeting the conditions of a licence over time. Remote children's services and the relevant shire council will be contacted and assisted in this process by the Department in the coming months.
Why has the number and range of services been increased?
Previously in the NT, only child care centres were covered by legally enforceable standards. This meant that the majority of children being cared for away from their parents did not have a guaranteed minimum standard of care and protection.
Increasing the scope of services to be regulated means more children are protected when accessing care and learning programs.
The Care and Protection of Children (Children's Services) Regulations commenced on 9 June 2009. The regulations cover an increased range of children's services than previously. Outside school hours care and home based care providers, including family day care are now included in the regulatory system.
Im a licensed child care centre, is my current licence still valid?
For the most part the child care centres that were regulated under the repealed Community Welfare Act 1983 will continue to operate under those conditions for the life of the licence, after which they will be required to comply with the new regulations. Contact your licensing officer for more information.
What impact will the new regulations have on my service?
For most of the services licensed under the Community Welfare Act 1983 the new Care and Protection of Children (Children's Services) Regulations will have little or no impact on the operation and management of the service.
About 79% of the conditions of licence or registration are reiterations or clarifications of existing licensing standards and guidelines. These conditions cover a range of requirements, such as the physical environment and record keeping and require no practical changes to services current operations or facilities.
What are the changes for my service?
About 19% of the regulations will contain further requirements, or have directions that are more explicit than the previous regulations and standards. These will generally incur no cost and include:
- staff/child interactions
- submission of operating plans
- children's exploration and exposure to natural features
- medical management plans
The regulations introduce a few new requirements for service providers as well as raising the standard for some existing requirements. These significant changes constitute only 2% of the proposed regulations; however, these changes will have the greatest impact to service operation. These include:
- No Maximum Capacity
Previously, a licensed service could only have a maximum capacity of 75 children. This maximum restriction has been removed. The maximum number of children able to attend a service at one time will be governed by the available play space and hygiene facilities, as well as the number of carers and will be specified on the licence or registration documents. - A Person in Charge
Services must have a nominated person in charge that remains on the premises at least 60% of the time the service is operating. This requirement will enable most issues or concerns to be resolved effectively by the service at the time they arise. - Staff on Duty
All staff that are included in the staff child ratios are to be on duty that is, being directly engaged with children, and not doing ancillary duties such as cleaning or administration. Ancillary duties can be carried out as long as the staff child ratios are maintained. - Venue Management Plans
Outside school hours care (OSHC) services have a number of unique characteristics and conditions under which they operate. As part of the licensing process OSHC services will complete Venue Management Plans in conjunction with the facility provider. A Venue Management Plan will describe the areas where the OSHC service will operate, how potential risks will be managed, and identify how repairs and maintenance will be managed.
Will it cost anything to licence or register my service?
The Department of Education and Training will not be introducing any registration or licence fees. Licensed services that are approved to register home based carers may impose a registration fee.
Core conditions
What are the core conditions?
The core conditions are the basics that all services must meet to remain either registered or licensed. They are stated in Schedule 5 of the Care and Protection of Children (Children's Services) Regulations.
The core conditions are designed to be applicable in every situation, including services for school aged children, home based care and arrangements for one-off events. While requirements such as fencing, staff qualifications, shade and communication equipment are essential in many circumstances, they may not be required in every situation. Requirements such as criminal history clearance notices, toilets and washing facilities, and keeping accurate and confidential records are necessary for any type of children's service.
Where did the core conditions come from?
The core conditions were derived from current local and national childcare standards, guidelines and principles. Each condition seeks to provide outcomes that ensure children's wellbeing. The conditions usually state that the carer is responsible for meeting the requirement; this may mean one person, or the entire service depending on the child's circumstances.
Licensed services
What conditions do licensed services need to follow?
All services need to comply with the Core Conditions, and the applicable Additional Conditions. Some of the Additional Conditions are service specific, such as requirements for outside school hours care.
Schedule 5 of the Care and Protection of Children (Children's Services) Regulations outlines all the conditions and which service type they relate to.
What are standard services?
Standard services is the term given to centre based early childhood services. It includes child care centres and three-year-old kindies and creches, but does not include outside school hours care or home based care services.
Do I have to be qualified to work in a child care?
50% of the staff in a standard service and an outside school hours care service are required to have a minimum of a two-year childcare or early childhood qualification. It is recommended, but not required, that all other staff have a Certificate III in Childrens Services.
This requirement is consistent with the previous licensing standards for child care centres and for OSHC services under the Guidelines for Outside School Hours Care Services in the Northern Territory. OSHC services have until 31 December 2013 to comply.
Who can register home based care services?
Any licensed service that is approved by the Department of Education and Training to register services. Licensed services include home based care coordination schemes, including family day care, child care centres and outside school hours care services.
I operate a licensed child care centre; can I now register home based carers?
You will need to apply for a new licence indicating that you wish to register home based carers. The licence application will need to specify what you intend to do, and demonstrate that you have the capacity to do so.
Can our child care centre now have an OSHC service on the premises?
The service can if:
- it has the capacity to provide for this group (i.e. meet licensing requirements concerning this group, the numbers of children do not exceed the licence capacity or staff /child ratios); and
- there is no infringement or negative impact on the other children, such as encroachment of play space, equipment, staff supervision or toileting and washing facilities.
Contact your licensing officer for more information.
Is there no maximum capacity for child care services now?
Every service will have a designated capacity for the maximum number of children that can be at the service for any one time. The maximum number of children able to attend a service at one time will be governed by the available play space and hygiene facilities, as well as the number of carers. Home based services cannot have more than 7 children of which no more than two can be under the age of three.
Services cannot exceed this number, which will be clearly stated on registration or licence documents.
What are Venue Management Plans?
Outside school hours care services (OSHC) have a number of unique characteristics and conditions under which they operate. As part of the licensing process OSHC services will complete Venue Management Plans in conjunction with the facility provider. A Venue Management Plan will describe the areas where the OSHC service will operate, how potential risks will be managed, and identify how repairs and maintenance will be managed.
Action plan agreements
Are services in remote areas exempt from meeting licensing requirements?
Remote area services are not exempt from the children's services regulations; if it meets the definition of a children's service, then it falls under the regulatory system.
Many services in remote areas do not meet current licensing standards because of the lack of facilities, training, experience and other such restrictions. In most cases, these services are the only children's services available to the community and can provide good opportunities and outcomes for local children. Rather than close these services, some will be eligible to enter into an Action Plan Agreement with the Department of Education and Training that outlines the arrangements and timeframes for the service to work towards licensing standards while it continues to operate.
Remote children's services and the relevant shire council will be contacted and assisted in this process by the Department in the coming months.
How do you define remote area?
Areas outside the municipalities of Darwin, Palmerston, Katherine, and Alice Springs are considered remote.
How does a service become enter into an Agreed Action Plan?
Services will need to apply and meet eligibility criteria, as well as provide a commitment by the service provider (such as the shire council) to work with the community and external agencies (such as the NT and Australian Governments) to support development of the service so that it complies with the licensing requirements and provides quality programs for children.
Registered home-based care
If I work alone to provide child care in my home and am not connected with anyone, who can I register with?
Home based child care providers can register with any licensed children's service that is authorised by the Department of Education and Training, or may register with the Department of Education and Training directly. Registrations will be available from May 2011and providers need to be registered by December 2011.
Registering with an approved provider or the Department of Education and Training will not automatically address the Australian Government requirements to be an approved Childcare Benefit provider. Please contact the Family Assistance Office for more information.
If a family member/relative looks after my children; they need to register or license their service?
If your family member/ relative is not caring for other people's children as well, there is no need for them to register.
If your family member/relative is regularly caring for children outside the family, they will need to register as a home based carer.
Do we have to register our nanny?
If your nanny only cares for your children in your own home, then no.