Reducing Unnecessary Workload Burdens

Members would be familiar with ACA NSW's continual pursuit of reducing excessive burdens on NSW's early childhood education and care services, for example by reducing what appears to be unbelievable records of breaches and non-compliances where NSW occupies between 53.6% and 65.26% of the national total!

ACA NSW recently received a response from the NSW Deputy Premier and NSW Minister for Education and Early Learning (the Hon Prue Car MP) effectively confirming the NSW Department of Education's regulatory practice of recording extremely high numbers of breaches and non-compliances despite the extremely small number and percentage of enforcements and regulatory decision actions.

The Deputy Premier's letter did attempt to explain by example that "... five confirmed breaches though may issue only one compliance action such as a compliance notice or direction. This approach is less administratrively burdensome for the service." But could the Deputy Premier's example imply that a significantly high percentage of confirmed breaches still require those service to prove their compliance to the NSW Department of Education and hence the required commensurate administrative response remains a regulatory workload?

Based on members' feedback and publicly available reports, ACA NSW continues to be concerned that the level of regulatory-related workload remains far too excessively high for NSW services, especially when compared to other states/territories. ACA NSW is also extremely concerned that such higher workload impost can contribute negatively toward recruiting and retenting early childhood educators and teachers especially during such labour shortages.

A few examples of regulatory improvements could include:

1. a consistent standard for NSW Authorised Officers to apply Regulation 10, ie the meaning of Actively Working Towards a qualification. Some interpretations is the need for a unit to be done every 3 months, while others believe Reg10 means a unit must be done every month, and then others say every 6 months;
   
   
2. a published and definitive interpretation guide for Regulation 103, ie what does "safe, clean and in in good repair" mean. Notwithstanding sun damage furniture yet fully functional and without risk to anyone, or facilities that are purchased and installed in compliance with Australian Standards, there may still be potential dispute over the possibility of risk to children; and
   
   
3. replacing the phrase "at all times" in Regulation 272(2)-(5), ie the number of Early Childhood Teachers required to be present at centre-based services in NSW. An interpretation of "at all times" would be that the requisite number of early childhood teacher(s) must present throughout the operating hours of the service, including being present at opening time (eg 7.30 am) and bveing present at closing time (eg 6.00 pm).
   
   

ACA NSW will continue to engage with the NSW Government and the NSW Department of Education to reduce unnecessary workload burdens. ACA NSW encourages NSW services to e-mail to nsw@childcarealliance.org.au examples of unfair/unreasonable breaches/non-compliances that highlight the unnecessary workload burdens generated by the NSW Authorised Officers/NSW Department of Education.

For any further information/clarification, members can contact ACA NSW via 1300 556 330 or nsw@childcarealliance.org.au.

PUBLISHED: 2 SEPTEMBER 2024