Monitoring and Compliance

Ignite Minds adopts a risk based approach to monitoring of educators.

All educators have access to an educator portal where they upload documents and certification to demonstrate compliance with Ignite Minds contract, the National Regulations and Law. Ignite Minds is seeking to provide educators, as independent contractors, with useful tools and support to manage their own business within the prescribed laws and regulations.

Where an educator fails to upload evidence of compliance and have it approved within the required timeframe they will receive an automatic notice of contract suspension. This allows the educator to take the time they require to meet compliance without posing additional risk to Ignite Minds or educators registered with Ignite Minds. Educators can work to have a suspension lifted but will not be able to provide sessions of care during contract suspension.

Our risk-based approach seeks to identify risks with the greatest potential impact. These risks include any behaviour or action that could lead to harm of a child or failure of an educator to properly discharge their responsibilities as described by the National Regulations or Law.

In addition the above known risks, our strategic risk analysis has included political and social risks such as the potential effect of legislation and demographic change.

Over the past 3 months Ignite Minds has interviewed more than 60 educators from Family Day Care schemes accross Melbourne that have been closed by the department. We have compiled a list of reasons why schemes have been closed and have validated these reasons with Family Day Care Australia.

The reasons below relate to a period of time prior to the commencement of the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017, and therefore some of the risk area (and associated obligations) are no longer applicable (e.g. #12 which refers to SCCB/GCCB etc.).

As the below risks could lead to a service closure Ignite Minds is hyper vigilant and has a adopted a 'zero tolerance' approach to these risks and will immediately terminate educator service agreements where these risks are identified.

1. Service reporting	Services reporting sessions of care when children and/or educators are overseas
2. Overlapping sessions of care	The service submitted section 219N of the A New Tax System (Family Assistance) (Administration) Act 1999 reports for children who were also reported as being provided with care at another child care service at the same time. The department often cites checking documentary evidence of the other child care service's against their section 219N reports.
3. Child swapping	Submitting section 219N reports for sessions of care where no one was eligible because the Family Day Care (FDC) educator or their partner was an FDC educator who provided care on the same day as the child received care from the service. The department has not formally requested the child swapping register or documentary evidence in respect of these sessions. If the service has relevant register and documentary evidence, please provide this for consideration.
4. Educator details	Section 219N reports submitted by the service through the Child Care Management System (CCMS) identified that the services failed to provide the required information by the Secretary relevant to educator details. The service is required to keep records about educators and provide that information, in particular Educator CRN’s to the department through the services CCMS registered software. This requirement came into effect 1 November 2012.
5. Absences after care has ceased	Section 219N reports submitted by the service through the Child Care Management System (CCMS) identified that services have reported absences after care had ceased. Approved child care services must not report ‘initial 42 day absences’ after the care of a child has permanently ceased. - Child enrolments not reported within the required timeframe under section 219AB of the Administration Act.
6. Attendances of children	Child attendances not reported within the required timeframe under section 219AB of the Administration Act.
7. Educator to child ratio	Failure to comply with applicable requirements imposed by a law of the Commonwealth or State or Territory, specifically: o Exceeding educator to child ratios - more than seven children at one time reported as attending care; and o Exceeding educator to child ratios - more than four preschool aged children at one time reported as attending care.
8. Service reporting	The service has reported sessions of care for children aged 14 years or older, or who are attending secondary school, without obtaining documentary evidence of specified circumstances.
9. Service reporting	Sessions have been reported by where a family day care educator allegedly cared for children on the same day care was provided by a person who failed to meet the definition of a family day care assistants.
10. Submission of attendances	Attendances not submitted within the required timeframe under subsection 219N(5) of the Administration Act.
11. Eligibility of children in care	Services submitted section 219N reports for sessions of care where no one was eligible because the children were 14 years of age or older or were attending secondary schools. There are cases of specified circumstances whereby this type of care is permitted, if the requisite the register of specified circumstances and documentary evidence is held by the service.
12. Application of benefits	Services submitted section 219N reports which exceeds the hourly rate permitted for Special Child Care Benefit (SCCB) or Grandparent Child Care Benefit (GCCB), which therefore renders the session not deemed as a ‘session of care’. Services have reported a fee for these sessions which exceeds $12.67 per hour and/or $12.84. While there are certain exceptions to this general rule, the sanctioned services had apparently not applied for such exceptions.
13. Eligibility rules	The Provider does not meet the eligibility rules for continued approval as: o The provider does not hold the approvals or licences required to operate a child care service. o The provider, or persons with management or control of the provider is not a fit and proper person to be involved in the administration of Child Care Services.
14. Number of child care places	Provider does not meet the criteria for continued approval as the provider has provided more child care places than the number allocated to the service.
15. Staff Qualifications and Attributes	Service operated by staff without the requisite attributes, qualifications and knowledge of the provision of education and care to children.
16. Child Safety	The provider has not complied with requirements to keep children safe.
17. Supervision or children	Provider or educator has failed to ensure children are appropriately supervised.
18. Education Program	The provider has not complied with requirement to develop and maintain a high quality and appropriate education program. A quality improvement plan has not been implemented.
19. Premises	Failure to ensure that premises contain all equipment and amenities required for the provision of child care services
20. Access to Premises	Failure to ensure that children in care do not leave education and care service premises unless authorised. Failure to ensure that parents have access to the education and care service premises at all times.
21. Notifying about changes	The provider has failed to notify the secretary of changes in circumstances.
22. Appropriate insurances	Provider has failed to have appropriate insurance.
23. Fees allocation	A provider has failed to pass on fee reduction.
24 . Supply of solicitation of confidential information	A provider has accessed, used, solicited or supplied confidential information