It is sad that ACA NSW needs to write this article, but perhaps timely as it is a reflection of a number of incidences of abuse by excessively angry parents post the COVID pandemic.
All early childhood education and care (ECEC) services operate to provide the best possible positive environments for the children under our care as well as for their parents and families. And ECEC services also have an obligation to ensure a positive working environment for our educators, teachers and support staff.
Unfortunately, from time to time, educators, teachers and/or support staff can bear the brunt of angry parents.
Hence, it may be worthwhile to be aware of the NSW Crimes Act, in particular Section 60E:
"A person who assaults, stalks, harasses or intimidates any school student or member of staff of a school while the student or member of staff is attending a school, although no actual bodily harm is occasioned, is liable to imprisonment for 5 years."
It is important to note that in Section 60D of the same NSW Crimes Act defines school to also mean "a child care facility for children under school age."
Services are not obliged to tolerate abusive parents and can terminate such parents' children's enrolment subject to their existing agreements.
Moreover, services have a duty of care and obligation under the National Quality Framework to protect not only the other children present, but also as an industrial obligation to protect all educators, teachers and support staff from such abuse.
In addition to their obligations to the NSW Regulatory Authority, services can also refer such negative incidences to the local police citing Sections 60D and 60E of the NSW Crimes Act for their investigation.
In the meantime, services may also consider leveraging Employee Assistance Programs (EAPs). ACA NSW strongly recommends the Telus Health EAP for the range of support services in order to achieve a healthy workplace for your employees.
Should members need any further information/clarification, please contact the ACA NSW team via 1300 556 330 or nsw@childcarealliance.org.au.
PUBLISHED: 27 JULY 2023