Aussie Childcare Network Forum

Hello, we have been having a discussion at work about group photos and the privacy act. Some educators put group photos into all the children's take home portfolio. My question is do we have to get a separate permission form from each child's parent/guardian to do this ? My concern is that someone can take a photo of the photo and put it on Facebook etc. I have not put group photos in my children's portfolios in fear of breaking the law. I have tried researching it but have not got a clear answer. Hope you can shed some light on the matter for me. Thanks for you time, kind regards Karen

Find out if your service has a privacy statement or policy for photographing and or documenting children's experiences. That should give you some clear guidelines.
You are right that parents have to to consent to taking photographs of their children.If you are not sure ask your director or line manager for copies of those policies.

Thanks for your speedy reply, I was more looking for what the act required of our service in regards to the privacy act.
Kind Regards Karen

I understand! But your service policy should speak with what ever act you are referring to. In my case it is the Child care act which Iam referencing here. Please understand that services policies and procedures are intended to be compartible with the Legislation. In fact, some will reference the exact sections of the legislation ( Law and Regulations) . As well, you as an educator, are obliged to follow your service's policy and procedures. Your Approved provider should be conversant with the Law and Legislative requirements that apply to taking children 's photos.
Hope this helps. You are more than welcome to do additional research. See below references to the NQS, and Legislation if they help.

References to the NQS
2.3.2 Every reasonable precaution is taken to protect children from harm and any hazard likely to cause injury.
7.3.1 Records and information are stored appropriately to ensure confidentiality, are available from the service and are
maintained in accordance with legislative requirements.
1.1.4 The documentation about each child’s program and progress is available to families.

7.3.5 Service practices are based on effectively documented policies and procedures that are available at the service and
reviewed regularly.

References to the legislation

Education and Care services National Law
section 168 Offence relating to required programs
section 167 Offence relating to protection of children from harm and hazardsEducation and Care Service

National Regulations

regulation 76 Information about educational program to be given to parents
regulation 74 Documenting of child assessments or evaluations for delivery
of educational program
regulation 76 Information about educational program to be given to
parents
regulations 168–172 Policies and procedures
XOXO

Thank you, your information is very helpful. cheers