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Home Documents and policies Determining responsible person policy

Determining responsible person policy.

How we identify the responsible person present at the centre at all times, with the forms a responsible person or nominated supervisor completes.

Policy code: MPOL 15 Last updated: May 2026

Aim: The Education and Care Services National Law determines that a responsible person must be physically present at a centre based service at all times that an Approved service operates.

Goals

  • A responsible person will be on the premises at all times, and the details of the responsible person at any time will be clearly displayed for educators, staff, and families. This is displayed via the OWNA app and families can access this on the app.

  • The process for determining the responsible person will be clear to all educators and staff and followed at all times.

  • Details of the person responsible are documented and displayed for all users of the service.

Strategies:

A service must always have a responsible person physically present at all times.

A responsible person can be:

  1. The Approved Provider — if this is an individual. If it is an organisation or company then someone with management and control of the service.

  2. The Nominated Supervisor — this is a person designated by the service as the Nominated Supervisor.

  3. A Responsible Person who has been placed in day-to-day charge of the service.

Definitions

Approved Provider

An individual or organisation that has completed an application form and been approved by the Regulatory Authority as fit and proper (in accordance with Sections 12, 13 and 14 of the National Law) to operate one or more education and care services.

Nominated Supervisor

A person who has been nominated by the Approved Provider of the service under Part 6 of the Law to be the Nominated Supervisor of that service, and who has consented to that nomination. The Nominated Supervisor has day-to-day responsibility for the service in accordance with the National Regulations. All services must have at least one Nominated Supervisor.

Person in Day-to-Day Charge (PIDTDC)

A PIDTDC is a responsible person under section 162 of the Law and is the point of contact for parents and staff. A service does not need to have a PIDTDC if a Nominated Supervisor or Approved Provider is the responsible person at the service.

The Approved Provider will

  1. Ensure Nominated Supervisors and Responsible Persons have a clear understanding of the role of the Responsible Person.

  2. Ensure the Responsible Person, including Nominated Supervisor(s), is appropriately skilled and qualified, and holds current Child Protection qualifications.

  3. Ensure a responsible person is physically present at the centre.

The Nominated Supervisor or delegated authority will

  1. Arrange for the keeping of a "responsible person record". This record will document the current responsible person — maintained through the centre App.

  2. Ensure the name of the responsible person is displayed in the main entrance at the service. On the app this shows on the bottom of the sign-in page for families.

  3. Develop rosters in accordance with the availability of responsible persons, centre operation, and attendance patterns of children.

Implementation

Management will ensure:

  • A Responsible Person is appointed.

  • The details of the Responsible Person are on display for, and readily available to, families and visitors.

  • The Responsible Person can be (as per section 162) the Approved Provider, the Nominated Supervisor, or a Person in Day-to-Day Charge (PIDTDC).

  • The Responsible Person is over the age of 18 years.

  • The Responsible Person meets the minimum requirements for qualification, experience, and management capabilities.

  • The Responsible Person has a clear understanding of the role.

  • The Responsible Person is a fit and proper person. The person has signed a Compliance History Statement and a Prohibition Notice Declaration.

  • Written consent of the Nominated Supervisor role has been accepted.

  • The staff record has the name of the Responsible Person at the service for each time that children are being educated and cared for by the service.

  • The Nominated Supervisor or Responsible Person signs their name and hours of responsibility on the Responsible Person record — done through the centre App.

Nominated Supervisor Determination Procedure

This procedure provides guidance to assist in determining the Nominated Supervisor and Responsible Person for Eikoh Seminar Australia childcare services.

National Regulations, Regulation 117C. Individuals at the service who are considered appropriate for the role of Nominated Supervisor must meet the following requirements:

  • Practical knowledge of the day-to-day responsibilities of being an educator at the service, including how to work through unexpected problems.

  • Be over 18 years of age.

  • Have completed child protection training as required in NSW, i.e. CHCPRT025 – Identify and Report Children and Young People at Risk.

A demonstrated understanding of:

  • Education and Care Services National Law Act 2010, and the Education and Care Services National Regulations 2011.

  • Equal Opportunity Employment conditions.

  • Health and Safety, including Child Protection responsibilities.

  • Privacy, Confidentiality and Equal Opportunity / Anti-Discrimination policies and procedures.

  • The education and care service's policies and procedures.

Consideration will also be given to whether the individual has been subject to compliance action or disciplinary proceedings under a children's services law, education law, or a previous education and care services law, in any state or territory. Candidates will be asked to submit a Compliance History Statement.

Placing a Person in Day-to-Day Charge

The Approved Provider is responsible for ensuring the safety and wellbeing of children at the service and will consider a person's qualifications, experience and age when deciding whether they are suitable to be placed in day-to-day charge.

A person may be placed in day-to-day charge of the service when:

  • the Approved Provider, educator or Nominated Supervisor identifies that they meet the criteria required under r117B and 117C; and

  • they give their written consent to be placed in day-to-day charge of the service.

The Nominated Supervisor or Responsible Person of the service is responsible for:

  • Accepting the designation of Nominated Supervisor or Responsible Person. By signing the Responsible Person designation on the Educator Personal Record, they confirm they have understood the roles and responsibilities under the Education and Care Services National Law and Regulation.

  • Completing and signing a Compliance History Statement and a Prohibition Notice Declaration as part of the recruitment / induction process for staff employed and nominated for Nominated Supervisor or Responsible Person.

  • Child Protection: each Nominated Supervisor and Responsible Person of the service must have completed an approved child protection course, as well as the National Mandatory Child Safe Training that came into effect 27th February 2026.

  • Making sure the name of the Nominated Supervisor or Responsible Person is clearly displayed in the main entrance at the service.

  • Making sure a Nominated Supervisor or Responsible Person is physically present at the service at all times, and that this is documented and displayed.

Records to support determination of suitability

For the Nominated Supervisor and Responsible Person role, the service keeps:

  • Copy of ACECQA approved qualification

  • Child Protection certificate

  • WWCC — verified

  • First Aid qualification including current CPR

  • Asthma & Anaphylaxis training

  • Compliance History Statement

  • Prohibition Notice Declaration

Evaluation

A responsible person is physically present at the centre at all times, and this is documented and displayed.

Sources

This policy is the property of Eikoh Seminar Australia Pty Limited and must not be reproduced without the consent of management. Dated May 2026.

Forms and reading for responsible persons

Everything a person needs to read and complete to become a Responsible Person or Nominated Supervisor is gathered here, in order. Read the ACECQA information first, then complete the forms that apply to you. Completed forms go straight to your centre director.

Which items apply to you? Everyone becoming a Responsible Person completes items 1 to 4. Items 5 and 6 are only for Nominated Supervisors — if you are being placed in day-to-day charge as a Responsible Person (not a Nominated Supervisor), you do not need to read item 5 or complete item 6.

Please choose your centre on each form. Items 2, 3 and 4 submit securely online — there is nothing to print, scan or email. The Nominated Supervisor consent (item 6) is the official ACECQA form, so it is a download you sign and return to your centre.

1
Read first

ACECQA — Responsible person requirements for approved providers

The ACECQA information sheet explaining who can be a responsible person, the minimum requirements, and the obligations that apply. Information only — there is nothing to fill in.

› Read on this page

Approved providers must continue to ensure that a responsible person is present at a centre-based service at all times that the service is educating and caring for children.

Who can be a responsible person

A responsible person continues to be:

  • the approved provider or a person with management or control
  • a nominated supervisor
  • a person in day-to-day charge of the service.

Approved providers have autonomy to decide who can be the responsible person in each service.

Appointing a nominated supervisor

Approved providers must nominate a nominated supervisor and can appoint one or more individuals to be nominated supervisors at the service. The nominated person must give written consent. You must display the name of each nominated supervisor so that it is visible from the service's main entrance.

Minimum requirements for nominated supervisors

Approved providers must determine if a person is suitable to be a nominated supervisor before nominating them, and record this with sufficient evidence. The person must:

  • be 18 years or older
  • have adequate knowledge and understanding of the provision of education and care to children
  • have an ability to effectively supervise and manage an education and care service.

You must have regard to the person's history of compliance with the National Law and other relevant laws, and any decision under the Law to refuse, suspend, refuse to renew, or cancel a licence, approval, registration, certification or other authorisation. Approved providers can ask the nominated person to complete and sign a Compliance History Statement and keep it on file.

Not engaging a prohibited person

An approved provider must not nominate or engage a person who is, or could reasonably be known to be, prohibited under the National Law. Reasonable steps include asking the candidate to complete and sign a Prohibition Notice Declaration, reviewing references, and asking referees about any compliance action. Keep these forms on file.

Child protection obligations and training

You must ensure that nominated supervisors and people in day-to-day charge are advised of child protection laws and obligations, have current working with children checks, and have successfully completed child protection training as required in the jurisdiction.

Person in day-to-day charge

The approved provider or nominated supervisor can appoint a person in day-to-day charge so that a responsible person is at the service at all times children are being educated and cared for. The person must be 18 or older, give written consent, and meet the same knowledge and management requirements.

Source: ACECQA, National Quality Framework — Responsible person requirements for approved providers.

Download the full ACECQA sheet (PDF)
2
Complete & submit

Responsible Person acceptance (S15)

Your acceptance of the Responsible Person role. Complete this when you are designated as a Responsible Person at your centre.

› Open the form
I accept the role of Responsible Person at the centre selected above. I am aware of the responsibilities of the role and will seek clarification from the Nominated Supervisor or Approved Provider. I have read the policy and the information sheets about being the responsible person and agree to follow the centre's policies and procedures.
Typing your name here acts as your signature.

Nominated Supervisor, General Manager and Approved Provider approvals are completed by the centre on the record they receive.

3
Complete & submit

Compliance History Statement

The ACECQA statement for a person to be in day-to-day charge or a Nominated Supervisor. Declares your compliance history under the National Law and related laws.

› Open the form

Please complete question 1, then answer questions 2 to 4. If you answer Yes, provide details in the box that appears.

1. Please provide information about any compliance action or disciplinary proceedings to which you have been subject under the Education and Care Services National Law (including the Regulations), or any of the laws listed in Table 1 of the ACECQA form, in any Australian state or territory.

2. Have you ever had a supervisor certificate that was subject to any conditions or suspended or cancelled by the regulatory authority?

3. Are you, or have you ever been, subject to a prohibition notice under the Education and Care Services National Law?

4. Have you ever held or applied for a licence, approval, registration, certification or other authorisation under the National Law which the regulatory authority refused, refused to renew, suspended or cancelled?

Declaration. I declare that the information provided in this statement is true and complete, and I am aware that I may be subject to penalties under a Commonwealth, State or Territory Act if I provide false or misleading information.
4
Complete & submit

Prohibition Notice Declaration

The ACECQA declaration for prospective staff, nominated supervisors and volunteers, confirming you are not prohibited from working in an education and care service.

› Open the form

Please answer both questions.

1. Are you currently subject to a prohibition notice under the Education and Care Services National Law?

2. Are you currently prohibited or restricted from working with children under any other law?

Declaration. I declare that the information provided on this form is true, complete and correct; the approved provider (or a representative) is authorised to verify any information provided; I am aware that a person subject to a prohibition notice is not allowed to work for or be engaged by an education and care service or carry out any other related activity; and I am aware that under the Education and Care Services National Law it is an offence to provide false or misleading information and penalties may apply.
5
ReadNominated Supervisors only

ACECQA — Nominated supervisors information sheet

The ACECQA information sheet on the role and responsibilities of a nominated supervisor. Information only — there is nothing to fill in. Responsible Persons placed in day-to-day charge do not need to read this.

› Read on this page

The National Law requires that approved providers must not operate a service unless there is at least one nominated supervisor for that service (section 161). All nominated persons must give their written consent to the nomination, which is kept as part of the service staff records.

Responsibilities

As the persons responsible for the day-to-day management of an approved service, nominated supervisors have a range of responsibilities under the National Law and National Regulations, including:

  • Educational programs — ensuring programs are based on an approved learning framework and the developmental needs, interests and experiences of each child (section 168).
  • Supervision and safety — ensuring children are adequately supervised and protected from harm and hazards (sections 165–167).
  • Entry and exit — ensuring children do not leave the premises except in accordance with the Regulations, and managing parent and unauthorised-person access (regulation 99, section 170).
  • Food and beverages — ensuring safe food handling, access to drinking water, and nutritious food and a displayed weekly menu where food is provided (regulations 77–80).
  • Medication — ensuring medication is only administered with authorisation (except anaphylaxis or asthma emergencies) and in accordance with the Regulations (regulations 93–96).
  • Drugs and alcohol — ensuring staff are not affected by alcohol or drugs so as to impair their capacity to provide education and care (regulation 83).
  • Sleep and rest — taking reasonable steps to ensure children's sleep and rest needs are met (regulation 81).
  • Excursions — ensuring a risk assessment is conducted before authorisation is sought (regulations 100–102).
  • Staffing — ensuring educator-to-child ratios and qualification requirements are met (regulations 123–128).

Notification of change

If a nominated supervisor ceases to be employed or engaged, or withdraws consent, the approved provider must notify the regulatory authority at least seven days prior to the nominated supervisor starting, or as soon as practicable and not more than 14 days after (section 173(2)(b) and regulation 174(1)).

Display requirement

The approved provider must display the name of each nominated supervisor where it is clearly visible from the main entrance to the premises (section 172).

Source: ACECQA, National Quality Framework — Nominated supervisors information sheet.

Download the full ACECQA sheet (PDF)
6
Download & returnNominated Supervisors only

Nominated Supervisor consent (NS01)

The official ACECQA consent form, for Nominated Supervisors only. It is signed and then uploaded to the NQA IT System when a nominated supervisor is notified to the regulator, so please download, complete and return it rather than completing it online. Responsible Persons placed in day-to-day charge do not complete this form.

› How to complete and return it

Because this consent forms part of the notification to the regulatory authority, it needs to be the official ACECQA form with your signature.

  1. Download the NS01 form below.
  2. Complete your contact details and the date of commencement, and sign the consent declaration.
  3. Return the signed form to your centre director. The centre keeps it in the service staff records and uploads it to the NQA IT System as part of notifying the regulator.

The approved provider must notify the regulatory authority at least 7 days before the nominated supervisor starts, or as soon as practicable and within 14 days after. Source: ACECQA, Nominated supervisors information sheet.

Download the official NS01 form (PDF)