You are on page 1of 19

1

Booklet

Name: Yizhuo Deng

Student Number: l2201272

Subject Code: ECSFC101A

Subject Name: PROFESSIONAL, CULTURAL AND ACADEMIC PRACTICE

Teacher Name: Maria Avati

Assessment Name: Booklet

Assessment Number: 3

Due Day: 29/10/2023

Word Count: 2530


2

Contents

Abstract.........................................................................................................................4

Laws, Regulations, and Ethical Codes in ECEC.......................................................4

 Children and Young Persons (Care and Protection) Act 1998 (NSW)................4

 Working with Children Check (WWCC)............................................................5

 National Quality Framework (NQF)...................................................................5

 Early Childhood Australia’s Code of Ethics.......................................................5

 A guide to Privacy Laws in NSW.......................................................................6

 Education and Care Services National Regulations............................................6

National Quality Standard (NQS) in ECEC Services...............................................6

 Definition............................................................................................................6

 The NQS seven quality areas..............................................................................7

Educational program and practice...................................................................7

Children's health and safety.............................................................................7

Physical environment......................................................................................7

Staffing arrangements......................................................................................7

Relationships with children.............................................................................8

Collaborative partnerships with families and communities............................8

Governance and leadership.............................................................................8

Early Years Learning Framework (EYLF) in ECEC Services................................8

 Definition............................................................................................................8

 Belonging, Being and Becoming........................................................................9

 Principle..............................................................................................................9
3

 Practice................................................................................................................9

 Outcomes...........................................................................................................10

Workplace Health and Safety (WHS) in ECEC Services.......................................10

 Definition..........................................................................................................10

 Roles of the Employers.....................................................................................11

 Roles of the Employees.....................................................................................11

 Examples of WHS Issues..................................................................................11

Timeline of Government Policies that have impacted Aboriginal people.............12

 1788: Colonisation and Displacement...............................................................12

 1890: Segregation policy...................................................................................12

 1901-1970s: Assimilation Policies....................................................................13

 1910-1970: The Stolen Generations..................................................................13

 1967: Referendum.............................................................................................13

 1970s: Self-Determination................................................................................14

 1993: Aboriginal Land Rights Act....................................................................14

 2008: National Apology....................................................................................15

 2012: Close the Gap..........................................................................................15

 2019: Uluru Statement from the Heart..............................................................15

Conclusion...................................................................................................................16

References...................................................................................................................17

Abstract
4

Within the complex realm of Early Childhood Education and Care (ECEC), the

convergence of legal frameworks, regulatory measures, and ethical principles

constitutes the fundamental foundation for ensuring the protection and advancement

of children's welfare and growth. This report explores the complex legal and ethical

frameworks influencing the Australian ECEC services. The Children and Young

Persons (Care and Protection) Act of 1998, the Working with Children Check, and the

National Quality Framework all contribute to the establishment of a secure, culturally

aware, and academically rigorous educational setting. This investigation encompasses

the significant influence of the Education and Care Services National Regulations,

Early Childhood Australia's Code of Ethics, and the essential guidelines of Privacy

Laws in NSW. These frameworks are recommendations and fundamental structures

that support the cornerstone of ECEC activities with seriousness and integrity.

Laws, Regulations, and Ethical Codes in ECEC

 Children and Young Persons (Care and Protection) Act 1998 (NSW): The

Children and Young Persons (Care and Protection) Act 1998 of NSW is a crucial

law to protect the well-being of children and young persons. It outlines rules for

nursing arrangements, reporting child abuse, court processes, and cultural issues.

The law significantly impacts ECEC by setting standards for legal protection,

early intervention, and preventative measures. It prioritises children's needs,

makes care culturally sensitive, and facilitates quick decisions on child safety

issues (NSW Government, 1998).

 Working with Children Check (WWCC): The WWCC is a rigorous screening


5

process for individuals working with children in ECEC. It assesses criminal

records, work history, and background information to identify potential safety

risks. WWCC prevents individuals with criminal or child-related pasts from

working in ECEC settings. It improves safety, well-being, and trust among

parents, teachers, and communities by ensuring a safe and reliable environment

(NSW Government, 2023).

 National Quality Framework (NQF): The NQF is a comprehensive regulatory

framework in Australia that sets the standards for high-quality ECEC services. It

includes national laws, regulations, the Early Learning Framework (EYLF), and

National Quality Standards (NQS), ensuring a holistic approach to children's

learning and development. NQF promotes accountability, openness, and

continuous development, ensuring a secure setting and strong leadership. The

framework ensures children's well-being and early learning experiences produce

sound effects, raising care standards (Australian Children's Education & Care

Quality Authority [ACECQA], 2012).

 Early Childhood Australia’s Code of Ethics: The Australian Code of Ethics for

Early Childhood Education is a set of guidelines for staff in ECEC organisations,

emphasising children's rights, well-being, and professional integrity. It influences

decisions and relationships within the sector, fostering a caring, accepting, and

courteous learning environment. The code has increased the quality and efficacy

of childcare services, promoting moral contemplation responsibility and

continuous improvement across the industry (Early Childhood Australia, 2016).


6

 A guide to Privacy Laws in NSW: The Privacy and Personal Information

Protection Act 1998 and the Health Records and Information Privacy Act 2002

govern privacy legislation in NSW. The NSW Privacy Law Guide provides

information on processing guidelines, compliance requirements, and data rights.

Respecting privacy legislation is crucial for ECEC, as it manages sensitive data

and ensures compliance with privacy laws. This helps maintain educational

relationships, fosters trust and protects individual privacy (NSW Government,

2019).

 Education and Care Services National Regulations: Australia's National

Regulations on Education and Nursing Services govern early childhood education

and nursing services. They cover education plans, children's health and safety,

physical environment, staffing requirements, and governance. These regulations

ensure a high standard of nursing and education, improve children's quality and

well-being, and promote community cooperation (NSW Government, 2011).

National Quality Standard (NQS) in ECEC Services

 Definition: The NQS is to improve early childhood education and care services,

including preschool education and nursing services. It is an essential part of

Australia's National Quality Framework (NQF). The NQF is a comprehensive

framework that sets out standards and regulations for the standardisation of the

national ECEC program. The NQS plays a significant role in ensuring these

services comply with high-quality standards. The NQS promotes continuous

learning and development in education through assessments and ratings and sets
7

standards for feedback from families, children, and communities. It ensures high-

quality education and care through documentation, reflection, community

engagement, and transparent communication, fostering continuous thinking and

improvement in ECEC services (ACECQA, 2018).

 The NQS seven quality areas: NQS has established seven quality areas as

benchmarks for evaluating the quality of ECEC services. These areas include:

¡ Educational program and practice: The educational program and

instructional methods educators use highlight children's needs and interests,

seek to promote their growth as learners, and provide many possibilities for

strengthening and expanding their learning and development (ACECQA,

2018).

¡ Children's health and safety: Children possess a right to engage in a

superior standard of education and nurturing within a setting that ensures

and advances their physical and emotional well-being.

¡ Physical environment: The physical environment has been created to

ensure that it is secure and suitable for children while providing

various activities that foster their learning and growth (ACECQA, 2018).

¡ Staffing arrangements: Educators who possess the required skills and

experience cultivate amicable and respectful relationships with children,

provide consistent surroundings, and foster the active participation of

children in the education program (ACECQA, 2018).

¡ Relationships with children: The nature of relationships with children is


8

defined by responsiveness, respect, and developing a sense of security and

belonging (ACECQA, 2018).

¡ Collaborative partnerships with families and communities: Developing

collaborative relationships with families is crucial to getting positive results

for children. Community partnerships built around active communication,

consultation, and cooperation are also essential (ACECQA, 2018).

¡ Governance and leadership: Effective service leadership and governance

provide children with outstanding learning and development settings.

Influential leaders set service values and direction for ongoing development

(ACECQA, 2018).

Early Years Learning Framework (EYLF) in ECEC Services


 Definition: The EYLF is a part of the National Quality Framework emphasises

play-based learning and children's knowledge-building. Its unified vision,

principles, and Five Learning Outcomes guide early childhood educators. The

framework supports the United Nations Convention on the Rights of the Child,

ensuring all children have the right to an education that builds their lives,

maximises their potential, and respects their families, cultural identities, and

languages. It also promotes children's safety, wellbeing, and citizenship. The

EYLF promotes a holistic approach to children's learning and development and is

a comprehensive guide for early childhood educators in Australia. It lays the

foundation for quality education and care by promoting principles, practices, and

outcomes that support the full development of young children in early childhood
9

care services (Australian Government Department of Education, [AGDE], 2022).

 Belonging, Being and Becoming: Belonging, being and becoming are three

interrelated concepts of EYLF. Belonging is a crucial aspect of human existence,

shaping a child's identity and potential. Childhood is essential for exploring,

creating world significance, and establishing relationships. Being involves

understanding oneself, coping with challenges, and participating in life's joy.

Becoming reflects a child's identity, knowledge, and understanding of mistakes,

character, abilities, and interpersonal relationships (AGDE, 2022).

 Principle: There are eight principles in EYLF to support educators' practice,

which help educators progress in learning outcomes for all children and reflect

contemporary theories, viewpoints, and research evidence on children's learning

and education. These principles are safe, respectful, and mutually beneficial

relationships; developing partnerships; respecting diversity; embedding

Aboriginal and Torres Strait Islander perspectives; striving for fairness,

inclusiveness, and high expectations; considering various forms of sustainability;

conducting critical reflection and professional learning, and exercising

collaborative leadership and working as a team (AGDE, 2022).

 Practice: EYLF provides guides and effective practices for early childhood

educators. Educators use various pedagogical practices to enhance children's

learning, development, and well-being, including holistic approaches,

responsiveness, intentional play-based learning, creating positive environments,

valuing cultural and social contexts, and ensuring continuity in


10

experiences. Analyse, monitor and evaluate children's learning, development, and

welfare to document progress and accomplish Learning Outcomes effectively

(AGDE, 2022).

 Outcomes: EYLF identified five learning outcomes that captured all children's

learning and development achievements. The learning outcomes are:

 Children have a strong sense of identity.

 Children are connected with and contribute to their world.

 Children have a strong sense of wellbeing.

 Children are confident and involved learners.

 Children are effective communicators.

These five outcomes have separately helped educators observe and evaluate

children's learning and development and also to understand children's needs,

interests, and advantages (AGDE, 2022).

Workplace Health and Safety (WHS) in ECEC Services


 Definition: The organisation's commitment to creating and maintaining a safe

and healthy work environment is detailed in the comprehensive Health and Safety

at Work (WHS) policy. WHS policy outlines the processes, responsibilities, and

protections to identify and reduce risks to the safety of children and employees in

the context of early childhood education and care (ECEC). It addresses risk

assessment, hazard identification, emergency protocols, and fostering a safety

culture. This policy, which emphasises staff members' and children's physical,

emotional, and psychological well-being, is crucial for ECEC to conform to WHS

regulations. By implementing an aggressive WHS policy, ECEC services seek to


11

avoid accidents and injuries, create a safe learning environment, and promote a

continuous improvement culture. In addition to ensuring the health and safety of

all pertinent staff, regular training, communication, and adherence to WHS

standards will enhance the overall efficacy and quality of ECEC services

(Department of Enterprise, 2022).

 Roles of the Employers: Employers must establish and maintain a secure

environment within ECEC services while conducting routine facility maintenance

to mitigate health hazards. It is imperative for employers to guarantee that

comprehensive workplace health and safety (WHS) training is provided to all

employees, encompassing kid safety protocols and first aid procedures.

Employers must have continuous communication with their employees and

actively solicit their thoughts (Department of Enterprise, 2022).

 Roles of the Employees: Employees must adhere to the employer's workplace

health and safety (WHS) procedures. Employees should promptly report any

possible dangers or risks they encounter, actively engage in all WHS-related

training activities, use equipment and tools correctly and safely as instructed

during training, and consistently participate in WHS consultation processes for

any concerns or suggestions (Department of Enterprise, 2022).

 Examples of WHS Issues

¡ Lifting and moving: Avoid or use the correct method to lift or move heavy

objects.

 slips, trips and falls: Pay attention to the wet floor or uneven ground
12

to prevent injury.

 Immunisation: Vaccinate or complete all vaccines to prevent diseases

that may be exposed.

 Allergies: Understand and learn all the knowledge about allergies, and

remember the allergens of any children and the countermeasures.

Timeline of Government Policies that have impacted Aboriginal people

 1788: Colonisation and Displacement

¡ Captain Arthur Philip and the British settlement take over Aboriginal land.

The British believe that the land in Australia belongs to no one and is

called“Terra nullius” (Working with Indigenous Australians, 2020).

¡ Impact: British colonisation of Australia led to a significant decline in the

Aboriginal population due to new diseases and random killings (Working

with Indigenous Australians, 2020).

 1890: Segregation policy

¡ From the 1890s to the 1970s, government policies forcibly expelled

Aboriginal and Torres Strait Islander people from their families,

communities, countries and cultures-policies ranging from "protection" and

isolation to assimilation and forced expulsion (NSW Government, n.d.).

¡ Impact: The aborigines were isolated in another living area, and their

children were educated separately, banned from alcohol, reduced wages,

and curfew towns (NSW Government, n.d.).

 1901-1970s: Assimilation Policies

¡ In 1909, the New South Wales Aborigines Protection Act was passed.
13

According to the laws of the Australian government, Aboriginal and Torres

Strait Islander people are not included as citizens (Hasluck, 1961).

¡ Impact: This policy leads to the separation of indigenous families, the loss

of cultural identity and the continuous intergenerational trauma (Hasluck,

1961).

 1910-1970: The Stolen Generations

¡ The Stolen Generations refers to countless Aboriginal and Torres Strait

Islander children being forcibly taken out of their families under the

government's guidance, a policy from the 1910s to the 1970s (NSW

Government, n.d.).

¡ Impact: These families have a devastating impact on children, who are cut

off from their families, communities, countries and cultures, and even

neglected and abused (NSW Government, n.d.).

 1967: Referendum

¡ A referendum in 1967 changed the Australian Constitution. Over 90 percent

of Australian voters voted to include Aboriginal and Torres Strait Islanders

and provide people in the Australian government the right to enact laws that

benefit these groups (AIATSIS, 2021).

¡ Impact: In the following decades, it played a key role in shaping discussions

on broader issues such as land rights, self-determination, and reconciliation.

It laid the foundation for a more inclusive and fair future for Australian First

Nations people (Kranjc, 2019).


14

 1970s: Self-Determination

¡ Self-determination empowers Aboriginal and Torres Strait Islander

communities by recognizing their right to control their affairs and future,

respecting cultural autonomy and decision-making processes (Rademaker,

2020).

¡ Impact: Self-determination prioritises the protection of indigenous cultures

and supports the celebration of languages, heritage, and customs. Aboriginal

and Torres Strait Islanders have their own rights (Rademaker, 2020).

 1993: Aboriginal Land Rights Act

¡ The four key goals of the law are to recognize and safeguard local

ownership. Establish guidelines for future local ownership transactions.

Establish a local ownership claim system. Verify invalid previous and

intermediate behaviours owing to local ownership (Australian Institute of

Aboriginal and Torres Strait Islander Studies, 2020).

¡ Impact: This law allows indigenous people and communities to claim

traditional land and recognizes and protects indigenous people's land

ownership (Australian Institute of Aboriginal and Torres Strait Islander

Studies, 2020).

 2008: National Apology

¡ In February 2008, the Australian Prime Minister Kevin Rudd issued a

formal apology to Aboriginal people and Torres Strait Islander, especially to

the stolen generations, whose past life was damaged by the government's
15

forced removal of children and assimilation policy (Fejo-King, 2011).

¡ Impact: According to Fejo-King (2011), this apology marks a key step in the

continuous reconciliation between Australian aborigines and non-

aborigines. Although challenges remain, it raises awareness of the necessity

of adopting a culturally sensitive approach to policies and plans.

 2012: Close the Gap

¡ Close the gap means solving the considerable differences in health

education and socio-economic achievements between Australian aborigines

and non-aborigines (Pholi et al., 2009).

¡ Impact: According Pholi et al. (2009), this measure includes improving the

health status of indigenous people, increasing educational opportunities,

promoting employment, solving housing conditions, and supporting early

childhood development.

 2019: Uluru Statement from the Heart

¡ Aboriginal leaders issued a statement calling for constitutional reform and

reflecting the voice of Aboriginal people in the Constitution (Larkin &

Galloway, 2019).

¡ Impact: It has triggered a nationwide discussion on constitutional

recognition and treaty procedures and advocated that giving equal rights to

Aborigines is an initiative to change and unite the relationship between

Aborigines and the people of the whole country (Larkin & Galloway, 2019).

Conclusion

In summary, Australia's ECEC services are defined by a complex interplay of legal


16

and ethical considerations that reflect a dedication to fostering young people's

comprehensive growth, well-being, and cultural awareness. The National Quality

Standard, Early Years Learning Framework, and Workplace Health and Safety rules

provide evidence of a shared commitment to achieving high standards. The timeline

of governmental policies not only shows the development of legal frameworks but

also signifies the acknowledgment and redress of historical injustices perpetrated on

indigenous groups. As a professional navigates the complex network of regulations,

standards, and policies, it becomes evident that the future of ECEC depends not just

on the physical development of children but also on creating a setting that promotes

equality, inclusivity, and respect for each child's particular path.

References
Australian Children's Education & Care Quality Authority. (2012). National quality

framework. Education & Care Quality Authority.

https://www.acecqa.gov.au/national-quality-framework

Australian Children's Education & Care Quality Authority. (2018). National quality
17

standards. Australian Children's Education & Care Quality Authority.

https://www.acecqa.gov.au/nqf/national-quality-standard

AIATSIS. (2021, November 4). The 1967 referendum. AIATSIS.

https://aiatsis.gov.au/explore/1967-referendum

Australian Government Department of Education. (2022). Belonging, being and

becoming: The early years learning framework for Australia (V2.0). ACECQA.

Australian Government Department of Education for the Ministerial Council.

https://www.acecqa.gov.au/sites/default/files/2023-01/EYLF-2022-V2.0.pdf

Australian Institute of Aboriginal and Torres Strait Islander Studies. (2020, October

11). Land rights. Aiatsis. https://aiatsis.gov.au/explore/land-rights

Department of Enterprise, I. and T. (2022, December 19). Work health and safety

policy. NSW Government.

https://www.nsw.gov.au/enterprise-investment-trade/policy/work-health-and-safety

Early Childhood Australia. (2016). Code of ethics. Early Childhood Australia.

https://www.earlychildhoodaustralia.org.au/our-publications/eca-code-ethics/

Fejo-King, C. (2011). The national apology to the stolen generations: The ripple

effect. Australian Social Work, 64(1), 130–143.

https://doi.org/10.1080/0312407x.2010.542564

Hasluck, P. (1961). The policy of assimilation.

https://aiatsis.gov.au/sites/default/files/catalogue_resources/18801.pdf

Kranjc, L. (2019). The 1967 referendum. NEW: Emerging Scholars in Australian

Indigenous Studies, 4(1), 147–148. https://doi.org/10.5130/nesais.v4i1.1526

Larkin, D., & Galloway, K. (2019). Uluru statement from the heart: Australian public
18

law pluralism. Bond Law Review, 30(2), 1–11.

https://search.informit.org/doi/10.3316/agispt.20190405008581

Nagle, P., Summerrell, R., & Australian Archives. (2002). Aboriginal deaths in

custody : The royal commission and its records, 1987-91. Australian Archives.

National Archives Of Australia. (2022). Royal commission into aboriginal deaths in

custody. National Archives of Australia. https://www.naa.gov.au/explore-

collection/first-australians/royal-commission-aboriginal-deaths-custody

NSW Government. (n.d.). Timeline. Public Service Commission.

https://everyonesbusiness.psc.nsw.gov.au/journey/timeline?panel=4

NSW Government. (1998). Children and young persons (care and protection) Act

1998 No 157. NSW Legislation.

https://legislation.nsw.gov.au/view/html/inforce/current/act-1998-157#ch.3-pt.2

NSW Government. (2011). Education and care services national regulations. NSW

Legislation. https://legislation.nsw.gov.au/view/html/inforce/current/sl-2011-0653

NSW Government. (2019, October 30). A guide to privacy laws in NSW. Information

and Privacy Commission New South Wales. https://www.ipc.nsw.gov.au/guide-

privacy-laws-nsw

NSW Government. (2021, August 10). Child safe standards. Education.

https://education.nsw.gov.au/early-childhood-education/working-in-early-

childhood-education/child-safety/standards

NSW Government. (2023). Working with children check. Office of the Children’s

Guardian. https://ocg.nsw.gov.au/working-children-check

Pholi, K., New, H., Area, E., Service, H., Black, D., & Richards, C. (2009). Is “close
19

the gap” a useful approach to improving the health and wellbeing of indigenous

australians?. Australian Review of Public Affairs, 9(2), 1–13.

https://citeseerx.ist.psu.edu/document?

repid=rep1&type=pdf&doi=e331d2807b975d95ef1aab41896d7875797955fc

Rademaker, L. (2020). Indigenous self-determination in Australia: Histories and

historiography. ANU Press. https://doi.org/10.22459/isa.2020

Working with Indigenous Australians. (2020). History: Colonisation : Working with

indigenous Australians. Muswellorook Shire Council.

http://www.workingwithindigenousaustralians.info/content/History_3_Colonisatio

n.html

You might also like