A Responsible Person in an early childhood service is a legally required designation under the Education and Care Services National Law. They must always be present or available during operating hours to ensure compliance, safety, and effective management of the service. This role does not attract extra pay but carries significant accountability.
Definition of Responsible Person
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Legal Requirement: A Responsible Person must be present at all times when children are being educated and cared for.
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Eligible Individuals: Can be the Approved Provider, Nominated Supervisor, or a Person in Day-to-Day Charge (PIDTDC).
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Minimum Criteria: Must be 18 years or older, hold a Working with Children Check, and have adequate knowledge of education and care regulations.
Responsibilities under ACECQA & National Regulations
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Compliance with National Law - Ensure the service operates in line with the National Law and National Regulations.
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Supervision & Safety - Guarantee adequate supervision, risk management, and emergency readiness.
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Staffing & Ratios - Confirm educator-to-child ratios and qualifications are maintained at all times.
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Program & Practice Oversight - Ensure educational programs align with the Early Years Learning Framework (EYLF) and the National Quality Standard (NQS).
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Family Communication - Act as the point of contact for families, addressing concerns and ensuring transparency.
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Documentation & Display - Maintain a Responsible Person Register and display the current Responsible Person’s name at the service entrance daily.
Key Compliance Notes
| Requirement | Detail |
|---|---|
| Presence | A Responsible Person must be physically present or immediately available during operating hours. |
| Register | Services must keep a Responsible Person Register and record handovers. |
| Display | The name of the Responsible Person must be visible to families and visitors. |
| Legal Accountability | Operating without a Responsible Person is an offence under Section 162 of the National Law. |
Do Responsible Person Get Paid An Allowance or Extra
No, being the Responsible Person in an early childhood service does not attract an allowance or extra pay under the Children’s Services Award or National Regulations.
Pay Structure
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Responsible Person designation
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It is a legal requirement, not a separate role.
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You are paid according to your classification level (Certificate III, Diploma, Teacher) and the duties you perform.
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No additional allowance is attached.
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Educational Leader allowance
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This is a specific allowance under the Award.
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Paid in addition to the educator’s hourly wage.
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Director’s allowance
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Applies when an educator is appointed as Director of a service.
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Recognised as extra pay for higher responsibility.
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Services must always have one present, but educators do not receive extra pay for being named Responsible Person.
The role of the Responsible Person is a mandatory legal designation under the National Law, ensuring that a qualified and accountable individual is always present to oversee compliance, safety, and leadership within the service.
Further Reading
Communicating Effectively With Staff
How to Retain Staff In Early Childhood Services
Effective Mentors In Early Childhood Settings
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