All children have the right to experience quality education and care in a safe and healthy environment. Children's health and safety is Quality Area 2 of the 7 Quality Areas outlined in the National Quality Standard (NQS). Services are
assessed and rated on their performance in this area.
Understanding duty of care
Workplace health and safety (WHS) seeks to ensure that employers uphold their duty of care to their employees, and that employees make safe choices in the workplace.
Having a 'duty of care' means that people and organisations delivering goods or providing services must avoid acts or omissions that could reasonably and foreseeably cause harm to others. Approved providers, service nominated supervisors, and management, and educators and other staff have a duty of care to act in a way that does not cause harm towards children, families and staff using their ECEC service.
The principle of duty of care is embedded in many laws and regulations which aim to protect and maintain the health, wellbeing and safety of others. For ECEC services, duty of care obligations exist under the:
Education and Care Services National Law (Queensland) 2011
Workplace Health and Safety Act 2011 (Qld)
Child Protection Act 1999 (Qld).
The National Quality Framework (NQF) sets out the
minimum qualifications requirements to support the safety of children in early childhood education and care services and to ensure they receive a quality educational program. This includes the requirement for first aid, anaphylaxis and asthma management training qualifications.