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CHC50113 Diploma of Early Childhood Education and Care

CHCLEG001 Work legally and ethically

Student Name: Lillia Heikkinen

Student Number: E0977026

Assessment Number: 33489/02

Open Colleges Assessment

CHCLEG001 Work legally and ethically Page 1 of 21

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33489/02 Written assessmentPart A - Short answer questionsStudent instructions

Please ensure any supporting documents uploaded with your assessment have your student name and number provided.

Answer the following questions.

Your responses may be recorded or presented in a written format. Written responses for each answer should be approximately 100 – 200 words in length. The written responses may be presented in narrative or bullet point format.

To answer questions accurately, please use the additional resources and the course content within OpenSpace. Make sure to refer to applicable legislation including the National Quality Standard and Education and Care Services National Regulations, along with the Belonging, Being and Becoming – The Early Years Learning Framework, the Early Childhood Australia Code of Ethics, policies and procedures common to early childhood education and care services, position descriptions detailing an educator’s duty of care responsibilities, and/or other sources such as professional readings along with the course textbook and identified key resources.

Ensure you acknowledge and cite your sources accordingly. This is important whether you use your own words or quote the author’s words. For more information on referencing and plagiarism, refer to the ‘Academic reference guide’ in the Student Handbook.

Short Answer questions and model answers

1. Complete the table below by outlining how the components of the National Quality Framework (NQF) listed influence educators practice, in an education and care setting.

Key components of the National Quality Framework (NQF)

How does each component influence educators practice in an education and care setting.

1. Early Years Learning Framework (EYLF) The Early Years Learning Framework (EYLF) aims to extend and enrich children’s learning from birth to five years old and to support children’s transition into primary school (Anonymous, 2018). The EYLF helps educators provide young and pre-school aged children establish a fundamental basis for learning, with the opportunity to increase their learning potential in the future (Anonymous, 2018).

Fundamental to the EYLF is the idea children’s lives are characterised by the objectives of belonging, being and becoming. (Anonymous, 2018) When educators create nurturing, inclusive, and respectful relationships with people and environments children gain a greater sense of identity that strengthens their sense of being and becoming (Anonymous 2018).

The EYLF is structured around the inter-related elements of principles, practice and learning



outcomes (Anonymous 2018). Educators recognise that principals come from research and theories on the best way to teach children. The EYLF Principals are:

1. Secure, respectful and reciprocal relationships2. Partnerships3. High expectations and equity4. Respect for diversity5. Ongoing learning and reflective practice

(Anonymous, 2018, p.11)

Furthermore, educators recognise Principles underpin Practice (Anonymous, 2018). Practice being the concepts and ideologies that are being used in educating and everyday programs. The practices educators can use to enhance children’s learning are:

1. Adopting holistic approaches2. Being responsive to children3. Planning and implementing learning through

play4. Intentional teaching5. Creating positive learning environments6. Valuing the cultural and social contexts of

children and their families 7. Providing continuity in experiences and

transitions8. Assessing and monitoring children’s learning


Educators can assist children make progress towards Learning Outcomes by using the above Principle and Practice (Anonymous 2018). There are five Learning Outcomes educators can keenly promote:

1. Children have a strong sense of identity 2. Children are connected with and contribute to

their world3. Children have a strong sense of wellbeing4. Children are confident and involved learners5. Children are effective communicators


Educators recognise the EYLF framework specifically emphasises play-based learning, emotional and social development, and seeks to recognise the importance of language and communication (Anonymous, 2018).

2. National Quality Standards Educator’s recognise the National Quality Standards (NQS) are a crucial and important national benchmark for early childhood education and care (Anonymous, 2018). Furthermore, educators recognise there are seven quality areas that are integral to important outcomes for children.



(Anonymous, 2018)

Quality Area One – Educational Program and Practice (Anonymous, 2018, p.1), focuses and ensures that educators are creating stimulating child focused educational programs and practices to encourage, enhance, and increase each individual child’s development and learning (Anonymous, 2018).

Quality Area Two – Children’s Health and Safety (Anonymous, 2018, p.1), is an important reminder for educators and centres to be providing children with a high standard of education and care in a safe environment (Anonymous, 2018).

Quality Area Three – Physical Environment (Anonymous, 2018, p.1), allows educators a guideline to provide children in their care an environment that is suitable and safe. Ensuring educators and the centre are providing stimulating and diverse experiences that promote learning and development (Anonymous, 2018).

Quality Area Four – Staffing Arrangements (Anonymous, 2018, p.1), are a very important quality area for educators and centres to observe to ensure predictable environments are created. Children are encouraged in active engagement in learning programs by qualified and experienced educators (Anonymous, 2018).

Quality Area Five – Relationships with Children (Anonymous, 2018, p.1), encourages educators to create responsive, respectful relationships with children. Educators use this quality area to promote a sense of belonging and security in the relationships they build with the children in their care (Anonymous, 2018).

Quality Area Six – Collaborative Partnerships with families and communities (Anonymous, 2018, p.1); educators recognise that fundamental to achieving quality outcomes for children is fostering collaborative relationships with families and community partnerships. Educators achieve these positive outcomes by consultation, and active communication (Anonymous, 2018).

Quality Area Seven – Governance and Leadership (Anonymous, 2018, p.1); educators observe that quality environments for children’s learning and development stems from effective leadership and governance of service, working as part of a team and striving for the continued improvement of the service (Anonymous, 2018).

The NQS rates and assesses services and gives a rating for each seven quality areas and, gives an overall rating based on these results (Anonymous,



2018). These quality areas provide educators with a framework and guide for continued quality service and continued improvement within the industry (Anonymous, 2018).

3. The Education and Care Services National Law Act 2010

The Education and Care Services National Law Act 2010 outlines objectives and principals to ensure the safety, health and wellbeing of children and educators attending and working in a care or education service (Anonymous, 2010). This law sets the guideline for the National Quality Framework, and the National Quality Standard and is the jointly governed approach to the quality assessment and regulation of education and care services (Anonymous, 2010).

The National Quality Framework (NQF) operates under an applied law system that includes the Education and Care Services and Law and the Education and Care Services Regulations (Anonymous, 2010). Educators recognise the purpose of the utilised system of law is set to a national standard for children’s education and care across Australia, with some varied provisions taken for each state and territories governing bodies (Anonymous, 2010).

Furthermore, educators recognise, the national law sets out the guidelines and objectives for the NQF, with the objectives of the NQF including (Anonymous, 2012);

ensure the safety, health and wellbeing of children attending education and care services

improve the educational and developmental outcomes for children attending education and care services

promote continuous improvement in the provision of quality education and care services

establish a system of national integration and shared responsibility between participating jurisdictions and the Commonwealth in the administration of the National Quality Framework

improve public knowledge, and access to information, about the quality of education and care services

reduce the regulatory and administrative burden for education and care services by enabling information to be shared between participating jurisdictions and the Commonwealth


Under the law, educators recognise working to achieve the National Quality Standard (NQS) and improve quality at each service (Anonymous, 2012),



governing bodies follow these principals when making decisions regarding operation and care;

the rights and best interests of the child are paramount

children are successful, competent and capable learners

the principles of equity, inclusion and diversity underpin the National Law

that Australia’s Aboriginal and Torres Strait Islander cultures are valued

that the role of parents and families is respected and supported

that best practice is expected in the provision of education and care services.

(Anonymous, 2012, p.10-11)

Additionally, educators observe that unlike the National Quality Framework and National Quality Standard, The Education and Care Services National Law Act 2010 sets out:

approval processes for the operation of education and care services

the assessment and rating system key operational requirements compliance, monitoring and enforcement powers review of decisions made by regulatory

authorities the functions and powers of the Standing

Council the functions and powers of the Australian

Children’s Education and Care Quality Authority (ACECQA)—the national body that oversees the system

the functions and powers of regulatory authorities in each jurisdiction

creation of a nationally consistent freedom of information and privacy framework to apply to ACECQA and regulatory authorities

publication of information, including registers key transitional arrangements


As seen above, The Education and Care Services Nation Law Act 2010 is much broader definition of education and care, that encompasses and sets the president of the National Quality Framework and National Quality Standard (Anonymous, 2010). Educators acknowledge that the law seeks to outline principals and objectives to create a national standard for education and care (Anonymous, 2010)

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2. Please include responses to points A & B

A) In your own words, define ‘duty of care’

Duty of care in an education and childcare setting is an obligation to avoid acts or errors which could have been foreseen to injure or harm children or colleagues. Meaning, that you must anticipate risks for the children in your care and the educators you work with and take care to prevent them coming to harm.

B) Complete the table below by explaining two ways you could exercise your duty of care in an education and care setting, in relation to the situations described.

Situation Description of ways to exercise duty of care in an education and care setting

1. when setting up the indoor environment

1. Making sure everything is child safe; ensuring sharps, cleaning products, any objects that could harm without supervision are in appropriate storage areas

2. Ensuring the indoor environment is age appropriate to the children in your care.

3. at snack and meal times1. Ensuring children have washed their hands before sitting down

to snack and mealtimes to safeguard against germs and bacteria that may have been encountered during play or activities.

2. Ensure children are always supervised, making sure children do not get a hold of anything they could choke on.

4. when supervising outdoor play.

1. Ensuring children are always supervised, especially if water is involved.

2. Incorporating sun safety practices, ensuring children are wearing sunscreen and hats.

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3. InstructionsFor this question, please refer to the resource kit activity in your learner guide in 3.1 Identify situations where work practices could be improved to meet legal and ethical responsibilities and 3.3 Identify and take opportunities to contribute to the review and development of policies and protocols.

A. Explain why it is important for educators to understand the policies and procedures of their workplace



The understanding of policies and procedures by educators of their workplace is of paramount importance. The policies and procedures are a framework and reference for employees that outline the organisation and day to day operational tasks (Anonymous, 2019). The policy and procedures outline responses to codes of practice, regulation and the requirements that adhere to legislation. Furthermore, the understanding of policy and procedure by educators ensures tasks can be carried out with clear understanding, confidence and expertise (Anonymous, 2019).

B.(i) How often should policies and procedures be reviewed?

Policy and procedures in an Early Childhood Education and Care setting should be reviewed every 18 months to 2 years (Anonymous, 2019).

(ii)Who is involved in the review of the policies and procedures?

It is the role of management, and employees to review policies and procedures of the service. Additionally, it is the role of management and employee to also involve parent’s and guardians to be involved in the policy and procedure renewal process (Anonymous, 2019).

(iii) Why do we consult with others when reviewing the policies and procedures of the service?

Consulting with others when renewing the policies and procedures of the service ensures the continued improvement and diversity of the service by implementing new ideas and practices (Anonymous, 2017). By consulting with others, it ensures services are evolving with needs of the children in their care, and while reviewing, educators reaffirm their knowledge of current policy and procedure. Cohesion is created by reviewing and discussing current policy and discussing amendments, as all management, employees and parents are on the same page (Anonymous, 2017).

C. Explain the procedure for reviewing policies and procedures. In your answer consider:- who should be involved in the policy review - how you can contribute to the review.

An insightful way for reviewing policies and procedures is to look at the process like a project. The review/ project will need a lead person, people to collaborate, a timeframe and access to appropriate resources (Anonymous, 2011). Policy development and review is time consuming so it is useful to break the task into manageable increments that can be worked on by small teams and referred to others for review and consolidation. This approach must be planned and managed by the lead person to be effective, usually this person will be the Coordinator or Director (Anonymous 2011).

Policies and procedures should reflect the guiding principles outlined in the Education and Care Service’s National Law Act 2010, and the Early Years Learning Framework (Anonymous, 2011). Staff should actively participate in regular team discussions with their team leaders and fellow educators as well as parents and guardians of children in their care to ensure policies and procedures are up to date and meet service and practice recommendations (Anonymous, 2011). Personal opportunities to contribute to the review may include raising ideas in staff meetings, or during staff training sessions, leaving feedback in a suggestion box, informal conversations with the service coordinator and contributing ideas during a performance review (Anonymous, 2011).

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CHCLEG001 Work legally and ethicallyPage 10 of 21

Assessor Feedback

A.

B.

C.

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5. (i) Explain the process you would follow to make an ethical decision.

The process in making an ethical decision as an educator means putting aside our own personal values and understanding that those may be different to those of others (Anonymous, 2019). Understanding that there may be times when you must deal with that conflict of attitudes and beliefs, i.e., different religious and cultural backgrounds, when caring for the children in your service (Anonymous 2019).

(ii) Identify and cite 2 sources relevant to your work role that would guide you in making responsible ethical decisions in your work role.

1. The Professional Code of Ethics2. The National Quality Standard

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6. Complete the following table by outlining your legal and ethical responsibilities and obligations for each of the situations presented.

The first situation, a child with mild Asperger’s has been done as an example:

- a child with same sex parents

- a child with a severe disability

- a child whose family does not speak English at home.

Legal Obligations Ethical responsibilities. Include a minimum of two ethical responsibilities.

Example:

A child with Asperger’s

Disability Discrimination Act 1992

Regardless of disability, everyone should be treated equally

Changes or adjustments may need to be made to the routine, curriculum and/or environment

A conscious effort must be undertaken to accommodate a child’s individual disability.

Communicate regularly with the family.

A child with same sex parents Sex Discrimination Act 1984

Children deserve equal opportunity and should not be discriminated against based on their parents’ sex or marital status (Anonymous, 1984)

Promotion of equality between sexes, and sexual orientation (Anonymous, 1984)

A child with a severe disability Disability Discrimination Act 1992

Regardless of disability everyone deserves the right to be treated as an equal (Anonymous, 1992)

Constant and open communication lines need to be open with parent’ and guardians to accommodate the child’s disability and ways to improve service (Anonymous, 2018)

A child whose family does not speak English

Human Rights and Equal Opportunity Commission Act 1986

Work collaboratively with the community and support services to offer additional support to the child and family to assist in communication and language barriers (Anonymous 2018)

Recognise all children regardless of cultural background and language backgrounds have a right to education (Anonymous, 1986)



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7. Describe four (4) behavioural indicators you might observe, as an educator that could indicate that a child is being abused or maltreated.

1. Showing little to no emotional when hurt (Anonymous, 2016)

2. Wariness of their parents (Anonymous, 2016)

3. Excessive friendliness to strangers (Anonymous, 2016)

4. Stealing or hiding food (Anonymous, 2016)

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8. What four (4) strategies would you use to manage a child protection issue such as suspected abuse of a child?

1. Share my concerns with either my team leader, centre coordinator, or the nominated person in charge of child protection within the centre (Anonymous, 2016).

2. Issue a written statement addressing it to the centre I work within, with dates and times, and what was noted pertaining to the child protection issue. Ensure that this written statement is factual, clear, free of speculation and not inflammatory (Anonymous, 2016).

3. If I am unhappy with the handling of the child protection issue within the centre or the standards are not being met regarding the centres own policies and procedures in handling the child protection issue I could contact a child protection agency ie. The Department of Human Services (Anonymous, 2016).

4. If I believed the child protection issue to be of an immediate danger or a life threatening situation I would call 000 (Anonymous, 2016).

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9. When dealing with a possible child abuse situation, why is confidentiality important for the child and the child’s family?



When dealing with a suspected child abuse situation, confidentiality is essential. Confidentiality protects all parties involved; children, parents/guardians, and the childcare centre, ensuring all information pertaining to the suspected abuse is not jeopardised (Anonymous 2019). Confidentiality policy ensures centres are protected from litigation and statements from educators are protected. Maintaining confidentiality also builds trust in a childcare setting, it fosters relationships with staff, children and families based on trust (Anonymous, 2019). There is a legal and ethical responsibility to protect the privacy of individuals and families when managing sensitive information. By not having confidentiality policies in place in a child abuse situation that child’s safety could be put at greater risk as confidentiality protects the rights of the child and the families involved (Anonymous 2019).

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10. Describe three (3) ways that you can uphold the rights of a child in your care, in keeping with the United Nations Convention on the Rights of the Child.

1. Be non-discriminatory (Anonymous, 1989); ensure that children in my care are not discriminated against based on gender, sexuality, age, ability, economic status, family structure, lifestyle, ethnicity, religion, language, culture, or national origin.

2. Devotion to the best interest of the child (Anonymous, 1989); ensuring I strive to create and maintain safe, healthy, inclusive environments and provide a meaningful age appropriate curriculum to enrich children’s learning. Also, by valuing the relationship between children and their families and to make a continued effort to enhance these relationships in my role.

3. Respect for the views of the child (Anonymous, 1989); as an educator I will strive to recognise and respect children as capable learners by including their perspectives in learning, teaching and assessments. I will endeavour to collaborate with children learning about our shared responsibilities to the environment and humanity as global citizens.

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Part B - Case studiesStudent instructions

Consider the following situations and explain what you would do and why. (100-200 words)

To help you explain what you would do and why, you may refer to applicable legislation including the National Quality Standard and Education and Care Services National Regulations, along with the Belonging, Being and Becoming – The Early Years Learning Framework, the Early Childhood Australia Code of Ethics, policies and procedures common to early childhood education and care services, position descriptions detailing an educator’s duty of care responsibilities, and/or other sources such as professional readings along with the course textbook and identified key resources.

Ensure you acknowledge and cite your sources accordingly. This is important whether you use your own words or quote the author’s words. For more information on referencing and plagiarism, refer to the ‘Academic reference guide’ in the Student Handbook.

Case Study 1

1. Imagine that you are an educator in a family day care setting supervising the three children in the photograph.

Describe, in the table, what you would do to meet your legal and ethical obligations to these children playing in the water trough in the back yard and who you would report these to.



Legal Obligations Ethical Obligations Who to report to

Before the water-based play commenced a risk assessment procedure should have been undertaken in accordance with the day care services Preschool water safety procedure as per the national requirement to have this policy in place. This policy ensures the safety of children within the area.

Ensure the children are always supervised – as the children are playing in around water there is always a risk of drowning, or injury caused by the ground being wet.

Guarantee that the water trough is properly emptied out safely after water play has finished, and stored in such a way to prevent the collection of water to safeguard against drowning or injury.

Make Sure the children are wearing sunscreen and hats in accordance with the national sun safety standard

Ensuring children have access to adequate drinking water as this is an outdoor activity and children are susceptible to dehydration.

Setting up the water trough in partial shade not in direct sunlight.

Ensure that children are encouraged to safely explore the properties of water and incorporate the water safety awareness into their educational programme

Making sure parents and guardians are aware about current information regarding water safety

You would need to report any legal or ethical obligations pertaining to the above scenario to the either the family day care coordinator or supervisor as they are responsible to make sure the services policies and procedures are followed in regards to water and sun safety.

Family Daycare guidelines for reference

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Case Study 2A mother asks you that her children not be released into the care of their father. You review the information provided upon enrolment and see that a formal parenting plan has been provided to the service which list both parents as eligible carers.

A. Where would this confidential information be stored?

personal files are kept in a secure filing cabinet in a private room which is kept locked outside of operational hours. Computerised records are stored safely and secured with a password for access

Staff observations and portfolios are kept in a secure cupboard in your child’s family room

B. How would you respond to this situation?



(Enter Response Here)

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Case Study 3A father makes a complaint to you that his 4 ½ year old, Jacob, is not learning enough at the service. He is frustrated that the educators let him get dirty during the day when they could be ensuring he is ready for school. What would you do and why?


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Case Study 4You have a disagreement with a co-worker where you work. The problem has been left unresolved, and is now impacting your interactions and daily communication with each other leading to further misunderstandings and frustration. What would you do and why?


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Case Study 5You are friends with a co-worker on a social networking site. Over the past few weeks you have noticed posts on her page about other staff where you work. These posts are derogatory and inappropriate.

A. How would you respond to the actions of your co-worker? What would be the appropriate action to take?


B. What could you do to educate staff about appropriate social media behaviour? What 2 simple actions you would take to inform your team about appropriate social media behaviours?

1. (Enter Response Here)

2. (Enter Response Here)

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Case Study 6An email has been sent out by the service manager asking everyone to come in early on Monday’s for the next 4 weeks to take part in training as part of your continuing professional education. Later that day you are speaking to a co-worker who is not normally rostered on Mondays yet she has been instructed that she must attend. As Mondays are the only day that you can’t organise someone to



take your child to school you have already discussed this with the service manager and she has agreed you can catch up with this training later in the week.

This is an ethical dilemma for you. What would you tell your co-worker and why?


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Case Study 7A 3 ½ year old boy, Ghani, who attends the service has an arm with a birth defect. His mother has asked that he doesn’t join in any games where catching is involved, as she doesn’t want him to fail and feel hurt or discouraged.

You will need to discuss the dignity of risk with the mother. Describe what you would say to assist Ghani’s mother to understand the service’s practice here.

In your response, ensure you explain why Dignity of Risk is the educational practice we follow and how this will benefit her son.


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Case Study 8A father tells you that his newly enrolled 2-year-old daughter, Alyssa, is a ‘biter’ and gives you permission to smack her if she bites a child. What would you do and why?


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Case Study 9You are assisting a 3-year-old boy, Barry, with toileting when you notice bruising on his thighs. When asked what happened, Barry looks at the ground. On taking a closer look, you see that bruising also appears on his back and upper torso. The bruises are of different colour, some are yellow and brown, where others are more red and purple. It seems they are similar in shape and size. What would you do and why?


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