Issued: 7 August 2009
Reviewed 28 April 2016
Advice has been received from the NSW Department of Family and Community Services regarding the Children (Education and Care Services) Supplementary Provisions Regulation 2004 (the Regulation) and the employment of trainees.
The Regulation recognises the value of formal and informal qualifications and experience in setting standards for the staffing practices of licensees.
The Regulation requires licensees to ensure that all people employed as primary contact staff are at least 18 years of age, possess basic knowledge of child development and have, ‘except in the case of a trainee, experience in caring for children’.
It does not exclude staff who are under the age of 18 years from being employed in children’s services or contributing to the care of children but precludes staff who are under 18 years of age from being counted as primary contact staff and therefore being included in staff to child ratios.
The Regulation recognises that trainees are engaged in the provision of children’s services. It defines a trainee as someone who is ‘enrolled at a Registered Training Organisation in a duly accredited child care course under the Vocational Education and Training Act 2005'.
Consequently a person under 18 years of age can be employed under traineeship arrangements to work directly with children but cannot be counted as primary contact staff toward the staff to child ratios specified by the Regulation for a centre or mobile children’s service.
Role of NSW Department of Education
It is the role of Training Services NSW to assess a prospective employer to ensure its capacity to train the proponent trainee in accordance with the requirements of the relevant Vocational Training Order and the Training Plan.
A risk indicator has been put in place for applications from people younger than 18 years of age for Children's Services Certificate III and Diploma traineeships. The risk indicator states “Learner younger than 18 years - contact employer”.
Assessing officers should familiarize themselves with the staffing requirements of the Children’s Services Regulation 2004 in order to advise employers that trainees cannot be counted toward staffing ratios if they are less than 18 years of age.
Role of NSW Department of Family and Community Services (FACS)
It is not the role of NSW Department of Family and Community Services to intervene in the employment relationship between licensees and trainees or in the management of traineeships.
FACS officers may occasionally identify a situation where a licensee of centre based or mobile children’s service is employing a trainee under 18 years of age and has included the trainee in staff to children ratios. If this compliance issue is identified, the FACS officer has been instructed to report the matter to the Director, Central Licensing and Regulatory Support who may choose to co-ordinate its regulatory response with the NSW Department of Education.
Commissioner for Vocational Training