Aim
To ensure the safety and wellbeing of children enrolled at the service.

Explanation
Any child attending the Service may be collected by their parent/guardian or an adult whose name appears as an emergency contact on the child’s enrolment form.

Legislative Responsibility
(1)  The approved provider of an education and care service must ensure that a child who is being educated and cared for by the education and care service does not leave the education and care service premises except in accordance with subregulation (4).
(2)  A nominated supervisor of an education and care service must ensure that a child who is being educated and cared for by the education and care service does not leave the education and care service premises except in accordance with subregulation (4).
(3)  A family day care educator must ensure that a child who is being educated and cared for by the educator as part of a family day care service does not leave the residence or approved family day care venue except in accordance with subregulation (4).
(4)  The child may only leave the relevant premises if the child--
(a)  is given into the care of--
(i)  a parent of the child; or
(ii)  an authorised nominee named in the child’s enrolment record; or
(iii)  a person authorised by a parent or authorised nominee named in the child’s enrolment record to collect the child from the premises; or
(b)  leaves the premises in accordance with the written authorisation of the child’s parent or authorised nominee named in the child’s enrolment record; or
(c)  is taken on an excursion in accordance with this Division; or
(d)  is given into the care of a person or taken outside the premises--
(i)  because the child requires medical, hospital or ambulance care or treatment; or
(ii)  because of another emergency.
(5)  In this regulation parent does not include a parent who is prohibited by a court order from having contact with the child.
 
Implementation

• Written permission from parent will be needed if any child is to leave the service with someone who is not on the emergency contact section of enrolment form
• In special circumstances an authorised adult may collect the child. Primary contact educator should seek photo identification of this person and ensure correct signing out procedures are followed.
• Any person who is known to have been charged, has charges pending, or has been convicted with any child related offences; or has orders related to Mental Health (Forensics Provisions) Act 2007, will not be permitted to enter the service.

 
 
Non-Residential Parent without Court Order
In the event of a non residential parent arriving without notice from resident parent to collect or visit their child:-

• Educator must inform the non residential parent that they are going to ring the residential parent and inform them of their presence
• Educator inform residential parent of the situation
• Educators are not permitted to prevent a non residential parent contact with their child

 
 
Non-Residential Parent with a Court Order on File
In the event of a non residential parent arriving to collect or visit their child:-

• Educator to show non residential parent a copy of the court order outlining details
• Depending on orders they may be able to visit
• Educator to inform residential parent of the situation
• If a court order includes a restraining order the non residential parent may be asked to leave the premises
• In cases of violence, it may be necessary to contact the police
• Educator should ensure the safety of other children enrolled at the Service and if non residential parent removes their child before police arrive, this matter will then be the responsibility of the Police
• Under no circumstances will a child be released to a no residential parent whilst court orders are in place (even at the request of the residential parent).

 

Reviewed and agreed upon by all staff: January 2020
Sourced from Education and Care Services National Regulations 2011