1. Aim

The purpose of this policy is to ensure that The Akidamy School of Early Learning ("the Company") maintains the highest standards of safety and integrity in accordance with the Education and Care Services National Law and the National Quality Framework (NQF). 

Because our work involves the care and supervision of vulnerable children, The Akidamy School of Early Learning has a strict duty of care to ensure that all employees are "fit and proper" persons to hold their positions. This policy outlines the ongoing requirements for staff to disclose relevant medical, legal, and historical information that impacts their suitability to work with children.

1.1 Purpose & Critical Requirements

The purpose of this policy is to ensure that The Akidamy School of Early Learning maintains the highest standards of safety and integrity in accordance with the Education and Care Services National Law and the National Quality Framework (NQF).

1.2 Summary of Critical Obligations

To hold a position at this service, all staff must remain "fit and proper" persons.

• Sign-Off Period: All declarations regarding suitability, medical capacity, or legal history must be formally disclosed within 3 business days of the event occurring (or within 3 business days of acknowledging this policy).
• Location of Record: Verbal notification is not accepted. All disclosures must be made in writing to the School Director and uploaded to the employee’s profile in Employment Hero (under Documents/Certifications).

1.3 NQS Compliance & Quality Areas

This policy assists the service in complying with the following National Quality Standards: 
 

National Quality Standard (NQS)

QUALITY AREA 7: Governance & Leadership

7.1	Governance	Governance supports the operation of a quality school.
7.1.2	Management Systems	Systems are in place to manage risk and enable the effective management and operation of a quality school.
7.1.3	Roles and Responsibilities	Roles and responsibilities are clearly defined and understood and support effective decision-making and operation of the school.
7.2	Leadership	Effective leadership builds and promotes a positive organisational culture and professional learning community.

QUALITY AREA 4: Staffing Arrangements

4.2	Professionalism:	Management, educators and staff are respectful and ethical.
4.2.2	Professional Standards	Professional standards guide practice, interactions and relationships.

QUALITY AREA 2: Children's Health & Safety

2.2	Safety	Each child is protected.
2.2.3	Child Protection	Management, educators and staff are aware of their roles and responsibilities to identify and respond to every child at risk of abuse or neglect.

1.4 Regulation & Legislation

The Staff Suitability, Probity & Disclosure Policy is related to the legislation outlined in the Education and Care Services National Law, Fair Work Act 2009, Work Health and Safety Act 2011

2. Scope

This policy applies to all employees, contractors, volunteers, and students engaged by The Akidamy School of Early Learning.

3. Inherent Requirements of the Role

To ensure clarity regarding fitness for duty, The Akidamy School of Early Learning defines the Inherent Requirements of working in our service as the ability to:

1. Active Supervision: Maintain continuous visual and auditory supervision of children to prevent harm.
2. Emergency Response: Physically and mentally respond immediately to emergencies (e.g., performing CPR, evacuating children rapidly, lifting children, moving furniture during drills, and managing aggressive behaviours).
3. Cognitive & Emotional Stability: Maintain the emotional regulation and cognitive stability required to ensure the psychological safety of children during high-pressure or stressful incidents. This specifically requires the ability to remain calm, effectively de-escalate aggressive or challenging behaviours, and make rational decisions under pressure without becoming overwhelmed.
4. Legal & Training Compliance: Maintain a valid Working With Children Check, Police Clearance, and current Mandatory Reporting (Child Protection) training certification at all times.
5. Digital & Administrative Capability: The ability to independently use digital systems (e.g., Employment Hero, tablets, email, online learning portals) to complete mandatory compliance training, access policies, and maintain accurate records as required by the National Law.
6. Functional English Literacy: The ability to read, understand, and effectively communicate in English to the standard required for reading Medical Management Plans, medication labels, emergency diagrams, and complex regulatory policies.
7. Physical Hygiene & Environmental Maintenance: The ability to perform physical cleaning duties, lifting, and maintenance tasks to ensure a hygienic and safe environment for children as required by the National Quality Standards. This includes (but is not limited to) mopping, sanitising surfaces, moving furniture, and managing waste.
8. Consistency of Care & Reliability: The ability to maintain consistent and reliable attendance to ensure Continuity of Care for children.
   1. Educational Impact: Children require stable, secure attachments with familiar educators to engage in learning. Frequent or unpredictable absence disrupts this attachment, causing emotional distress to children and hindering their educational development.
   2. Team Impact: Reliable attendance is required to maintain legal educator-to-child ratios and ensure the safety of the service.

4. Duty to Disclose (Mandatory Reporting Protocol)

It is a condition of employment that all staff remain truthful and transparent regarding their suitability to work with children. You have an ongoing duty to immediatelydisclose to Management if:

• Child Protection: You are investigated for, charged with, or found guilty of any offense relating to the abuse, neglect, or endangerment of children.
• Criminal History: You are charged with or convicted of any criminal offense involving violence, dishonesty, or drugs.
• Working With Children Check (WWCC/Blue Card): Your clearance is suspended, cancelled, refused, or expires.
• Medical Capacity: You develop a medical condition, injury, or illness that significantly impacts your ability to perform the Inherent Requirements of your role or poses a safety risk to children (e.g., conditions affecting alertness, mobility, or emergency response).
• Regulatory Bans: (For Management) You become bankrupt, insolvent, or are disqualified from managing a corporation or childcare service.

 4.1 Strict Requirement for Written Disclosure: 

• Verbal Communication is Not Sufficient: Informing a supervisor, colleague, or manager verbally does not constitute a formal disclosure. Relying on verbal communication is not a valid defence for failing to update your employment record.
• Mandatory Action (Self-Service Upload): You must formally declare the matter in writing by uploading the relevant documentation or declaration directly to your Employment Hero profile (or designated compliance platform). The act of uploading constitutes your formal notice to the Company.
• Timeframe: These actions must be completed within 3 business days of the event occurring or the employee becoming aware of the event.
• Urgent Regulatory Compliance (12-Hour Rule): Where the Company issues a request for documentation regarding National Law compliance (e.g., Geccko training certificates, Working With Children Checks, or government-mandated safety forms), you must upload the required evidence within 12 hours of the request (or by the start of your next shift, whichever is sooner). 
  • Failure to Upload: If the required document is not visible on the system by the deadline, you will be deemed non-compliant and automatically suspended from the roster until the evidence is provided.

 4.2 Duty to Report Concerns Regarding Others (Bystander Obligation)

Child safety is a collective responsibility. You have a strict duty to report any reasonable concern that another staff member may be unfit for duty or non-compliant with this policy.

• Mandatory Reporting of Colleagues:You must immediately report to the School Director if you witness, or reasonably suspect, that another employee:
  • Is under the influence of drugs or alcohol.
  • Is displaying signs of medical incapacity (e.g., drowsiness, inability to move quickly, physical instability, or visible injury).
  • Has provided false or misleading information to Management.
  • Is failing to actively supervise children or is distracted by technology.
• Timeliness: These reports must be made immediately (on the same day) to ensure immediate safety. Waiting days or weeks to report a known safety risk is not acceptable.
• Consequence of Silence: If it is discovered that you witnessed a safety breach or an unfit colleague and failed to report it, you will be subject to disciplinary action for failing to protect children, which may include termination of employment.
• Good Faith & Malicious Reports: Reports made in good faith under this section are protected and will be handled confidentially. However, malicious or knowingly false reports made to target, bully, or harass a colleague will be treated as Serious Misconduct.

 5. Mandatory Training, Certification & Onboarding Requirements

Compliance with the National Quality Framework (NQF), National Quality Standards (NQS), and new Government safety mandates is non-negotiable. All staff must complete:

• External Certifications: Current Mandatory Reporting (Child Protection), First Aid, Asthma, and Anaphylaxis certifications.
• National Child Safety Training (Geccko):All staff must register for and complete the mandatory National Child Safety Training via the Geccko platform prior to the government deadline.
• Internal Onboarding & Modules: All assigned The Akidamy School of Early Learning learning modules, specifically those regarding the Safety & Supervision of Children, Code of Conduct, and Regulation Compliance.

 5.1 Strict Timeline & Scheduling

• Company Timeline: All training modules must be completed strictly within the timeline outlined by the Company (e.g., within 5 business days of employment or by the specific due date issued).
• Prohibition on "Training While Supervising":
  • Under the Education and Care Services National Law, your primary duty is the active supervision of children.
  • You are strictly prohibited from attempting to complete training modules, onboarding, or reading policy documents while you are counted in ratios or actively supervising children.
  • The excuse "I did not have time during my shift" is not accepted. It is your responsibility to complete these modules during non-contact time or outside of hours (as directed by Management) to ensure you are compliant and safe to work.

 5.2 Systems Access & IT Responsibilities

Common administrative excuses will not be accepted as a defence for non-compliance.

• Daily Monitoring Duty: As a condition of your employment, you are required to check Employment Hero and SweetProcess (or designated company platforms) daily for new policies, roster changes, or compliance requests.
  • The excuse "I did not check my email" or "I did not see the notification" is not a valid defence for non-compliance. Ignorance of a published policy due to a failure to check systems is treated as negligence.
• Digital Literacy Requirement: By accepting employment with The Akidamy School of Early Learning, you confirm that you possess the basic digital literacy skills required to navigate our mandatory safety and HR systems (e.g., Employment Hero, Earlyworks, Office 365 etc.).
• Responsibility to Test Access: It is the employee's sole responsibility to ensure they can log in to Employment Hero (or other training platforms) immediately upon commencement or assignment of training.
• Reporting Protocol: If you cannot log in or experience technical issues, you must report this in writing to Management within 24 hours of the training being assigned.
• Invalid Defence: Waiting until the due date (or after the deadline) to claim "I could not log in" or "I forgot my password" is not a valid excuse. Failure to report an access issue immediately will be treated as a failure to follow a reasonable direction.
• Personal Email Mandate (Geccko): In accordance with National Regulations, you must register for the Geccko platform using a personal email address. The use of shared or general service email accounts for individual training accounts is strictly prohibited.

 5.3 Consequence of Non-Compliance

• Unsafe to Work: An employee who has not completed the required safety, supervision, or onboarding modules is deemed untrained and therefore unsafe to be rostered with children.
• Action: Failure to complete these modules by the Company-designated deadline may result in immediate suspension without pay or termination of employment for failure to fulfil the inherent requirements of the role.

 6. Independent Medical Examination (IME)

To comply with our obligations under the Work Health and Safety Act, if The Akidamy School of Early Learninghas reasonable concerns regarding an employee’s fitness for duty or ability to perform the Inherent Requirements:

• The Company reserves the right to direct the employee to attend an Independent Medical Examination (IME) with a medical practitioner nominated by the Company, at the Company's expense, where there is a pattern of frequent absence or where an employee claims an inability to perform specific Inherent Requirements (e.g., cleaning, lifting, or the adequate completion of professional duties outlined in the job description).
• Refusal to attend an IME or refusal to release the resulting medical report to the Company may constitute a failure to follow a lawful and reasonable direction, resulting in disciplinary action.

 7. Annual Verification & Non-Waiver

To ensure our records are current, all staff are required to complete an Annual Suitability Declaration via Employment Hero.

• Confirmation of Integrity: By signing the annual declaration, you confirm that you have already disclosed all relevant matters to the Company as they occurred.
• No Waiver of Breach: Signing the annual declaration does not rectify a previous failure to report. The obligation to disclose is immediate (as per Section 4). If it is discovered that an employee withheld information during the year and waited until the annual sign-off to disclose it, The Akidamy School of Early Learning reserves the right to take disciplinary action for the period of non-disclosure.

 8. False, Misleading, or Incomplete Information (Serious Misconduct)

Trust and confidence are essential to the employment relationship in the childcare industry. Any breach of this trust regarding your suitability to work with children is treated with maximum severity.

• Pre-Employment: If it is discovered that an employee provided false, misleading, or incomplete information during the recruitment process (including on medical or history declarations), their employment may be terminated immediately.
• During Employment: Deliberately withholding information regarding a change in your suitability, failing to formalise a disclosure in writing within 3 business days, or deliberately concealing/failing to report the misconduct or incapacity of another staff member, is considered Serious Misconduct.
• Consequences (Summary Dismissal):
  • Where an employee is found to have provided false information or withheld critical safety information, The Akidamy School of Early Learning reserves the right to terminate employment summarily (instantly).
  • Forfeiture of Notice Pay: In strict accordance with the Fair Work Act 2009, employees terminated for Serious Misconduct will not be entitled to any notice period or payment in lieu of notice. Employment will cease effective immediately upon notification.

9. Privacy & Confidentiality

The Akidamy School of Early Learningrespects the privacy of its staff. Information disclosed under this policy will be stored securely in the Employment Hero "Documents" tab or a restricted personnel file. Access is strictly limited to the Approved Provider, Nominated Supervisor, and HR administrators. Information will only be shared with external authorities (such as the Regulatory Authority or Police) where there is a mandatory legal obligation to do so. 

References

This policy is underpinned by the following Australian legislation and regulations:

• Education and Care Services National Law Act 2010
  • Section 174: Offence to fail to notify certain information to Regulatory Authority.
  • Section 162A: Persons in day-to-day charge and nominated supervisors must be fit and proper.
• Education and Care Services National Regulations 2011
  • Regulation 84: Awareness of child protection law.
  • Regulation 168: Education and care service must have policies and procedures.
• Fair Work Act 2009 (Cth)
  • Provisions regarding serious misconduct and unfair dismissal.
• Privacy Act 1988 (Cth)
  • Australian Privacy Principles (APPs) regarding the handling of sensitive personal information.
• Work Health and Safety Act 2011 (WHS)
  • Duty of care to ensure the health and safety of workers and others (children) in the workplace.