Childcare Subsidy Federal Guideline Policies

CCS Governance and Management of the Service – including Confidentiality of Records Policy


Governance is the process by which organisations are directed, controlled and held to account. It encompasses authority, accountability, stewardship, leadership, directions and control exercised in the organisation (Australian National Audit Office, 1999).

The governance of an organisation is concerned with the systems and processes that ensure the overall direction, effectiveness, supervision and accountability of a service.  Under the National Law and National Regulations, early childhood services are required to have policies and procedures in place relating to the governance and management of the service.

To comply with legislation when either applying or maintaining the Child Care Subsidy (CCS) a CCS Governance Policy is required. Our policy covers: evidence ensuring ongoing compliance with family assistance law, organisation size and structure, decision making, employment procedures, operational structure, financial viability and risk management.

Legislative Requirements

Quality Area 7: Governance and Leadership

7.1 Governance – Governance supports the operation of a quality service

7.1.2 Management Systems – Systems are in place to manage risk and enable the effective management and operation of a quality service.

7.1.3 Roles and Responsibilities – Roles and responsibilities are clearly defined, and understood, and support effective decision making and operation of the service.

Education and Care Services National Regulations

2.1 – Provider Approvals

2.2 – Service Approvals

Division 1 – Applications for Service Approvals

Division 3 – Transfer of Service Approvals

Who Is Affected?

  • management

Policy Implementation


The Approved Provider and or Nominated Supervisor will:

  • Ensure that a comprehensive set of policies are in place as required under Regulation 168 and other Regulations and laws that the service must comply with.
  • Ensure that these policies comply with relevant legislation.
  • Update these policies on a regular basis; particularly when there is a change to legislation.
  • Will involve staff and families in the development and or review of policies wherever required.

Compliance Measures

  • The Approved Provider and or Nominated Supervisor will ensure a Nominated Supervisor, approved as a suitable, fit and qualified person by the Regulatory Authority and appointed by the Approved Provider, oversees the day-to-day operations of the Service.
  • The Nominated Supervisor is also the Responsible Person whenever on the premises.
  • At any time the Nominated Supervisor is not on the premises, a substitute Responsible Person who is physically present is placed in charge of the Service’s day-to-day operations.
  • The details of the Nominated Supervisor and the Responsible Person are clearly displayed in the main entrance of the Service.
  • The Nominated Supervisor ensures that the Service’s staffing arrangements meet regulatory requirements at all times.
  • Ensure that the service is meeting requirements by doing regular checks of procedures throughout the service.
  • Ensure that the Quality Improvement Plan is regularly updated to outline areas of improvement and ensuring compliance at all times as outlined in Regulation 55.
  • Whenever uncertain about compliance in any area the Nominated Supervisor will contact relevant authorities to get clarification.

Risk Management

The Approved Provider and/or Nominated Supervisor will:

  • Ensure risk assessments are conducted on the service whenever necessary including excursions as required in Regulation 100.
  • All educators are required to hold a working with children’s check and be cleared for the service before commencement.
  • Uphold Regulation 84 of the National Regulations in regards to maintaining awareness of the existence of child protection laws and the obligations of educators and other employees in their state or territory.
  • Ensure that all staffing arrangements meet requirements and premises layouts are designed for effective supervision purposes thus eliminating many risks posed to children in the education and care setting Regulation 120, 122, 123, 130, 131, 132, 242, and 271. (Note the modification to Regulation 123 in that NSW Educator to Child ratios are different. Refer to Regulation 271).


In order to achieve and maintain the service’s aims and Philosophy, the Company Director will monitor the financial viability and accountability of the centre while also ensuring that in conjunction with the Nominated Supervisor:

  • Funds are expended appropriately according to any funding and budgets.
  • The program is operating within budget.
  • Required paperwork is submitted to the relevant funding agencies.
  • Any additional financial requirements are completed (e.g. Taxation office).
  • Develop with staff and the community an overall philosophy for the centre and policies and practices in line with that philosophy.
  • Consult with staff and the community on these policies and management decisions and enable staff to implement them in order to maintain quality child care.
  • Provide avenues for effective communication between staff and the Approved Provider.
  • Employ and support staff in their roles, and ensure the relevant awards and conditions of employment are complied with.
  • Encourage training and development of staff in their roles, and
  • Facilitate the participation of staff and management in budget planning to enable cost effective management of the service.
  • Provide leadership, forward planning and guidance to the service, particularly in relation to developing a strategic culture and directions.
  • Be responsible for overseeing legal functions and responsibilities.
  • Ensure that Ohana Early Learning Centres Pty Limited complies with the Commonwealth Privacy Act 1988 and follows the standards of Australian Privacy Principles to regulate the way in which our service manages personal and sensitive information.

Code of Conduct

  • Commit themselves to ethical, and lawful conduct, including proper use of authority and professional decorum when acting as Approved Provider, Nominated Supervisor or Responsible Persons.
  • Demonstrate un-conflicted loyalty to the interests of the organisation.
  • Avoid conflicts of interest with respect to their role.
  • Ensure confidentiality of all personal information of staff and educators working within the service.
  • Upkeeps statement of philosophy of the service and ensures all others do as well.
  • Not use information exclusive to Ohana Early Learning Centres for personal gain and will respect the confidentiality of all information obtained during meetings or through their role.
  • Respect the confidentiality appropriate to issues of a sensitive nature in regards to families.
  • Treating other persons fairly, courteously and without discrimination, harassment or bullying.
  • Upholding the rights of children as set out in the United Nations Convention on the Rights of the Child.
  • Be respectful of, and responsive to, persons of all ethnicities, cultures, values and beliefs.
  • The Approved Provider and or Nominated Supervisor will monitor and handle any grievances within the service in a timely manner.

Information Displayed

  • All information required by Regulation 173 of the Early Education and Care Services Regulations 2011 is displayed in the main entrance of the Service.

Approved Provider Details

To claim Child Care Subsidy, our Service must be approved by a delegate of the Secretary of the Department of Education and Training by showing the required evidence and information to ensure ongoing compliance with the family assistance law.

Required information includes:

Provider & Service Approval Number PR – 40000780
Business Name Ohana Early Learning Centres Pty Limited
Trading Name Ohana Early Learning
Contact Person Stuart Malouf
Telephone 02 6656 4664
Mobile 0404 290 773
Address PO Box 4214
Coffs Harbour NSW 2450
NQA ITS Details Are you registered? YES x    NO ☐
Provider Entity Name Ohana Early Learning Centres Pty Limited
ABN 46 163 495 243

Business Structure

The following information describes the type and size of our childcare service operation, including personnel, recruitment and professional development strategies, fee structure, philosophy and financial position.

Entity Type Private Company
Number of Managers 8
Number of operation personnel Educators, administration and trainees – approx 70
Structure of the business See Organisational Chart from Policies section
Number of sites and locations 7
Service Type Long Day Care

Operational Structure

Days of Operation Monday to Friday
Hours of Operation 7.00 am to 6.00 pm each day (North Boambee and Woolgoolga centres)

7.30 am to 6.00 pm each day (all other centres)

Weeks of Operation 52 weeks [Closed Public Holidays]
Number of Licensed Children 303
Collection of Fees Payment types accepted EziDebit thru the XPLOR Childcare Management system, direct deposits and EFTPOS facilities via Square at each centre

Centrelink arrangements as childcare subsidy rebates as coordinated by the XPLOR CCS provider system.

Bond arrangements – Families pay a one-off $300 bond refundable at the time of cessation of care and no fees are owed.

Non-Compliance Risk Management

To ensure our continued commercial, operational and financial viability our Service will maintain a current Quality Improvement Plan, Professional Development and Training Plan, Personnel files, Professional Indemnity and Public Liability Insurance and a Child Care Management System.

CCS Compliance XPLOR Childcare Management system Daily roll checks
Insurances Public & Products Liability
Personal Accident Insurance for Children
Childcare Management Liability
Workers Compensation Employers Indemnity Insurance
Public Liability
All renewed annually
Submission of attendees Managed by the XPLOR Childcare Management system Ongoing
Submission of vacancies  Managed by the XPLOR Childcare Management system Weekly
Accurate Data Reports  Managed by the XPLOR Childcare Management system Weekly

Confidentiality Policy

Responsibilities for the Approved Provider

  • Ensure that each family, staff, volunteers and student and committee member is provided with access to a privacy collection statement upon enrolment or commencement, that includes details about how they can access their personal information, have this corrected as needed, make a complaint about a breach of privacy, if one occurs. This can also be accessed on our website at
  • Ensure each staff member, volunteers and student information is correct in personnel and other files. This includes information on qualifications, WWCC, criminal history checks, staff entitlements, contact and emergency information, health and immunisation information, and any relevant medical and legal information. This would include any other relevant information collected by the business.
  • Ensure that information collected from families, educators, and the community is maintained in a private and confidential manner at all times.
  • Ensure that such information is not divulged or communicated (directly or indirectly) to another person other than the ways outlined as appropriate in the Education and Care Services National Regulations, 181, which says information can be communicated: To the extent necessary for the education, care or medical treatment of the child;
    • To the parent of the child to whom the information relates (except for information in staff records);
    • To the regulatory authority or an authorised officer;
    • As authorised, permitted or required to be given by or under any act or law; and
    • With written consent of the person who provided the information.
  • Ensure families are informed upon enrolment how images/photographs of their children will be used on the Internet and/or publications.
  • Provide families with information on the Complaints and Feedback procedure if any privacy or confidentially procedure has been breached. Individuals can make a complaint to the Approved Provider if they believe there has been a breach of their privacy in relation to the Privacy principles. The breach will be assessed by the Approved Provider within 14 days. Where the information collected is incorrect, the information will be corrected. Where a serious breach of privacy is found, appropriate actions will be negotiated between the Approved Provider and the individual to resolve the situation, in line with the Complaints and Feedback procedure.
  • Will ensure information provided by families, staff and committee members is only used for the purpose it was collected for.

Responsibilities for the Nominated Supervisor

  • Ensure each families’ information is correct in the enrolment records. This includes information on immunisation updates, income and financial details (credit card or bank information), contact details of family and emergency contact information, children’s developmental records, Family Assistance information, and any medical or legal information – such as family court documentation – required by our education and care service. This would include any information required to be recorded under the National Law and Regulations, the Family Assistance Law other relevant information collected to support the enrolment of a child.
  • Provide families with details on the collection of personal information collected, this information will include:
    • The types of information collected by our education and care service;
    • The purpose of collecting information;
    • What types of information will be disclosed to the public or other agencies; and when and why disclosure may occur;
    • How information is stored at the service;
    • Approaches used to keep information secure;
    • Who has access to the information;
    • The right of the individual to view their personal information;
    • The length of time information needs to be archived; and
    • How information is disposed.
    • Will ensure information provided by families and staff is only used for the purpose it was collected for.

Storage of Information

Ensure that education and care service records, personnel records, CCB information and children’s and families information is stored securely reducing the chance of unauthorised access, use or disclosure and remains private and confidential within the education and care environment at all times.

Access to Information

  • Will ensure that information kept is not divulged or communicated, directly or indirectly, to anyone other than:
    • Medical and developmental information that is required to adequately provide education and care for the child;
    • The Department of Education and Communities, or an authorised officer; or
    • As permitted or required by any Act or Law.
  • Individuals will be allowed access to their personal information as requested. Individuals must request this information in writing from the Approved Provider. Authorised persons may request to view any information kept on their child.
  • Information may be denied under the following conditions:
    • Access to information could compromise the privacy of another individual;
    • The request for information is frivolous or vexatious; and
    • The information relates to legal issues, or there are legal reasons not to divulge the information such as in cases of custody and legal guardianship

Responsibilities for the Educators

  • Maintain children’s information and store documentation according to policy at all times.
  • Not share information about the education and care service, management information, other educators or children and families, without written permission or legislative authority.
  • In keeping with the Early Childhood Australia (ECA) Code of Ethics (2008), the Education and Care Services National Regulations and the Privacy Legislation, educators and staff employed by our education and care service bound to respect the privacy rights of children enrolled and their families; educators and staff and their families and any other persons associated with the service. Educators will sign a Confidentiality Statement as it relates to privacy and confidentiality of information.

Moved to Determining The Responsible Person Policy

Director > Nominated Supervisor > Responsible Person

Policy Source

Related Statutory Obligations & Considerations

Australian Children’s Education and Care Quality Authority (ACECQA)
Children (Education and Care Services National Law Application) Act 2010
Education and Care Services National Regulations 2011
Children and Young Persons (Care and Protection) Act 1998
Australian Privacy Principles
Early Childhood Australia (ECA)
NSW Associations Incorporation Act 2009
Freedom of Information Act 1982

Related Telephone Numbers

  • Early Childhood Education and Care Directorate – 1800 619 113