Aussie Childcare Network Forum

Hi guys,

During my cert 3 course, and now working in my second job in the industry in queensland, l am always hearing that providers and educators can be fined for different non duty of care issues, this l don't have an issue with, but can someone please tell me where l can find these fines and the actual dollar amounts, l ask in reference to ratio and supervision, l have been told l can be fined if l was to leave after my shift ends and there are still too many children left in centre to be in ratio, this happens often to all our workers that finish at 5:30pm with the centre closing at 6pm, there are two staff finishing at 6pm but if there are too many children to stick to ratio at 5:30 (the last shift) that person is made to stay back until the numbers go down, no one wants to do the wrong thing and 'be fined for breach of supervision' so they stay! But for the life of me l can't find anything that states the broken law or fine amount in particular, it started as curiosity but now its a mission, especially when l was 'told' by a fellow staff member it could be $3000!

Thanks in advance
Ozziemum

Hi there,
Indeed service providers are obliged to maintain educator-to-child ratios and qualification requirements at all times ( Education and care services National law section 169 Offence relating to staffing arrangements and Education and care services National Regulation, regulations 119–120 Age and supervision requirements, the fines wont apply to you as an employe.The fines are met by the Approved provider. In hind sight, you are fulfilling your duty of care by staying to ensure that ratios are met, only if it is with in your shift and time you are listed on as part of the ratios.
If and when your shift ends, but you still have children in attendance, of course you cannot leave them by themselves, find out why you have to stay longer;
-You have simply been told by a colleague, show them your schedule for the day;
-Parents have delayed to collect the children, address this through your line manage, write down your times, and ensure you are paid for overtime;
-Or discuss your concerns stating that there has been no body to replace you when your shift has ended and as such you have had to stay, again arrange to be paid, or for a schedule showing who is exactly responsible to relieve you once your shift is over,
Fines are paid by the Approved Provider, not you.

Thank you panga38 for your reply and the information provided, so all along it has been assumed by staff and 'said out loud' that the educators plus the company would be fined, including amounts of approx $3000 per educator, l'm starting to think it was misinformation or possible scare tactics, this is occurring as you said as a summer phenomenon and parents are delaying pickup as its still daylight and they can squeeze in some shopping etc, also there isn't extra staff at that time to replace the 5:30 shift, of course we wouldn't leave and put extra pressure on the 6pm staff with extra children, and we do leave a note for the director of the extra time worked and we do get paid for it, l think its the supposed educator fine and the obvious inconvenience to the staff staying longer that has become and issue, our director is trying to fix the problem by shuffling shifts to later start/finish times, but as you can imagine its not a centre moral booster either, especially with a supposed fine hanging over our heads.
Thank you again for your time and information.