Code of Practice

Policy Statement
Smart Start is committed to providing the highest possible standards of early childhood
education and care. The key to the Company’s success is to maintain a reputation for the
highest possible quality standards in all of the Company’s work-related activities and
business dealings.

What is the Code of Practice?

The Code of Conduct outlines the standards for the way we work, as well as the actions,
behaviours, and conduct expected at Smart Start.

Who does the Code apply to?

This Code applies to anyone who is employed by or works at Smart Start, including
employees (permanent, temporary, and casual), independent contractors (i.e.,
non-employees), volunteers, directors, and others acting on behalf of Smart Start
(collectively referred to as Smart Start Representatives in this document).

When does the Code apply?

The Code applies to you whenever you are or could be identified as a representative of
Smart Start, including but not limited to, your dealings with children, families and
caregivers, fellow employees, regulatory bodies, Government Department officials and
suppliers and in social media.

What will happen if I breach the Code?

Failure to comply with the principles or the spirit of the Code will be considered a breach of
Smart Start policy and may trigger an investigation, where necessary and appropriate.
Breaches of the Code may result in disciplinary action, ranging from a first warning through
to the termination of your employment and/or legal proceedings for serious breaches.

How does Smart Start ensure the Code is effective?

This Code must be reviewed by all Smart Start representatives during induction and
orientation and, where appropriate, integrated through the various Smart Start staff training
and development programs, leadership development, and other forms of professional
development. This Code is to be used as a familiar reference document for Smart Start
Representatives, including being referred to and relied upon during appraisal and review
processes.

On commencement of employment and every twelve months after that, everyone who is
employed by or works at Smart Start must complete a Code of Conduct declaration to
show that they understand the principles of the Code, confirm that they have complied with
them in the previous 12 months, and agree to comply with them going forward. This Code
is to be read in conjunction with all other Smart Start policies, procedures, requirements,
guidelines or appendices.

What You Must Do:

Smart Start Representatives are required to be familiar with this Code and how it relates to
the performance of their duties.

A note for the Responsible Person/s

You play an integral role to model and promote this Code, as managerial behavior sets the
tone for the conduct of all employees. You have the fortunate ability to influence others by
fostering an ethical culture and demonstrating this by way of performing your duties and
making decisions in line with the Code, therefore leading by example. Your responsibilities
also include ensuring Smart Start employees are aware of the content of this Code, along
with policies, procedures, guidelines, and appendices that apply to this Code and their role.
Along with this is the responsibility for ensuring that appropriate development and training
is provided to allow employees to perform their duties. Responsible people must report
anyone not acting in compliance with the code of practice. Lateness, phone use,
babysitting, breaching confidentiality etc. must be reported on the same day, by email, text
message or phoning admin@smartstarteducation.com.au or 0410384651. Failure to report
will lead to a warning/termination.

What Does This Policy Apply To?

● Vision, Purpose and Guiding Principles
● Responsibilities and Expectations
● Looking after Children in Our Care
● Communication - All Media
● Professionalism
● Conflict of Interest and Misconduct
● Smart Start Property and Confidentiality

Vision, Purpose and Guiding Principles

Vision and Purpose

Our Vision is for our children to have the best possible start in life. Our purpose is to ensure
children have the learning, development and well-being outcomes they need for school life.

Guiding Principles
Children are central to everything we do. Their safety and well-being come first in all of our
plans, decisions and actions. Families are our primary partner. We listen to families, we
respond to their needs, and we include them in all decisions about their child’s learning and
care.

Quality
Smart Start exists to provide a high standard of quality early childhood education and care
to the children entrusted to its care. Everything Smart Start Representatives do – that is,
how they act, through engagement with families, children, employees and the community,
and how they behave – must reflect and sustain the Company’s high standard of quality
care towards the children entrusted to Smart Start for learning and education.

Smart Start is regulated by the Early Childhood Education and Care National Quality
Framework (the NQF) and guided by our Smart Start Practice Guide. The NQF is designed
to give children the best possible start in life and is a national system designed to provide
transparency and accountability to the Australian community. The NQF operates under the
Education and Care Services National Law and the Education and Care Services National
Regulations and is assessed through the National Quality Standard, a national benchmark
for quality aspects of early childhood education and care, and outside school hours care
services in Australia.

At all times, Smart Start Representatives are required to act in accordance with Smart
Start’s principles and policies in pursuit of Smart Start’s organizational goals.

Safety Responsibilities
Smart Start is committed to providing and maintaining safe workplaces. All Smart Start
Representatives are required to take all reasonably practicable steps to ensure their safety
and health and that of others, including following all safety and health policies,
requirements and procedures and reporting all known or observed hazards, incidents and
injuries to the Safe Work and Wellbeing Team or to their line manager.

Responsibilities and Expectations

General expectations of all Smart Start representatives

All Smart Start Representatives are expected to exercise good judgement to determine
what action, behaviour or conduct to take in any given situation. Any such action needs to
be able to withstand scrutiny, from internal and external parties, if necessary.

As a Smart Start Representative, you are expected to:

● Hold and maintain the current working with children clearance as required for your
role with Smart Start.
● Be honest and act with integrity in all aspects of your employment including but not
limited to undertaking assigned duties, work attendance, use of personal sick leave
and reporting others for breaches etc.
● Maintain high standards of conduct whenever you are representing Smart Start.
● Respect the rights of other persons by:
● 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 and the Education and Care
Services National Law and Regulation.
● Upholding the rights and responsibilities of families and caregivers as
set out in Smart Start Families Rights and Responsibilities.
● Being respectful of, and responsive to, persons of all ethnicities,
cultures, values and beliefs.
● Promoting the principles of equal opportunity in Smart Start’s
workplaces.
● Perform your duties as required to the best of your ability, showing commitment to a
high quality of work by acting within the bounds of all relevant legislation, rules and
regulations at all times including:
● Complying with the Code of any professional body that you are registered or
affiliated with, where this impacts upon Smart Start.
● Making decisions appropriate to the position held and being responsible for
those decisions and the actions that result from them.
● Being supportive of changes made by Smart Start, as change is necessary to
Smart Start’s ongoing organizational success and the provision of high
standards of early childhood care and education.
 ● Being supportive of work colleagues and accepting job responsibilities as a
team member or Smart Start Representative, including following the lawful
and reasonable instructions and directions of supervisors.
● Upholding the reputation and standing of Smart Start by ensuring the security
and confidentiality of all information that is gained during the course of
employment with Smart Start.
● Using financial and non-financial information gathered by Smart Start and
personal knowledge of Smart Start’s systems and processes only to perform
Smart Start’s functions.
● Treating all Smart Start property and assets with care and respect.
● Be mindful that content published on social media sites is publicly available, and as
such, an individual who chooses to engage in such activity must not bring Smart
Start into disrepute.

Additional Responsibilities of Leaders Include, But Are Not Limited To:

● Set an example to other staff by your own observance of this Code of Conduct.
● Ensure that all employees have access to copies of this Code of Conduct and other
relevant documents and policies.
● Ensure that the requirements of this Code of Conduct are reflected in the day-to-day
management and leadership of staff.
● Ensure employees at all times maintain high standards of conduct in the workplace.
● Where necessary and appropriate, investigate unacceptable conduct, including
serious misconduct, and ensuring that employees who appropriately disclose
information regarding unacceptable conduct are supported.
● Represent Smart Start positively and professionally when interacting with Smart
Start’s employees, clients, families and stakeholders.
● As a Centre Director, take final responsibility for the quality of care given and the
work performed and the actions and the decisions of employees at the centre.
● Ensure that all staff working in the centre hold relevant working with children
clearances and required qualifications related to their appointed position.
● Related documents: Disciplinary Management Guideline; Management for
Performance Requirement; Prevention of Bullying, Harassment and Discrimination
Requirement.

Examples of a Breach of the Code:

Working on the floor in a centre and not holding a current working with children clearance;
intentional damage to Smart Start property or reputation.

Looking after Children in Our Care

Smart Start recognizes the importance of fostering positive interactions between
employees and the children they work with. Smart Start Representatives are to interact and
communicate with children in a professional and ethical manner – befitting the highest
possible standards of care - at all times. Employees who have contact with children at our
centers will respond to and guide children through positive and meaningful interactions and
will show respect for each child as an individual.

All Smart Start Representatives in their relationships with children are required to ensure
that the physical and emotional well-being of children is safeguarded, and that their own
behavior is guided by a duty of care both within and beyond the education and care setting
to provide children with an adequate level of protection against harm. Smart Start
Representatives will recognize that they have an obligation to report any suspicion that the
physical or emotional well-being of a child is at risk or has been compromised or that a
child has been harmed, regardless of whether the suspicion relates to the safety of the
child while in the care of Smart Start or in the child's household.

All Smart Start Representatives in their relationships with children must ensure that they:

● Ensure children are central to everything they do.

● Are aware of and adhere to section 166 of the Education and Care Services National
Law (2010) and the United Nations Convention on the Rights of the Child, including
that no child will be subjected to any form of corporal punishment or unreasonable
discipline, and the right to respect for the views of the child.
● Are aware of and adhere to Regulation 155 and 156 of the Education and Care
Services National Regulations (2011) relating to ‘interaction with children’ which
states that educators must provide education and care services to children in a way
that:
● Encourages children to express themselves and their opinions.
● Allows children to undertake experiences that develop self-reliance and
self-esteem.
● Maintains at all times the dignity and rights of each child.
● Gives each child positive guidance and encouragement toward acceptable
behavior.
● Has regard to the family and cultural values, age, and physical and intellectual
development; and abilities of each child being educated and cared for by the
service.
● Are aware of Regulation 86 of the Education and Care Services National Regulations
(2011) and maintain awareness of the existence of current child protection law and
any obligations educators and other employees have under that law in their state or
territory.
● Use positive guidance and behavior management strategies and work with children
in an appropriate manner.
● In accordance with NQS5 Behaviour Guidance Procedure and Safe Practices for
Positively Guiding Children’s Behaviour Requirement. Behavior management
techniques must not include physical, verbal, or emotional harm or the deprivation of
liberty.
● Seek to develop positive learning outcomes for all children.
● Provide a pleasant, safe, and nurturing environment for all children free from harm or
any hazard likely to cause harm in accordance with section 167 of the Education and
Care Services National Law (2010).
● Adhere to the NQS6 Image and Media Consent Procedure in respect of any
photographic or video images of children.
● Report any observation or suspicion of inappropriate interactions with children or
their families by employees to their line supervisor or the next level up of supervision
if the person suspected to be engaging in inappropriate interactions is the line
supervisor.

Employees Must Never:

● Handle children roughly, not even through play.
● Pull or grab children, particularly by their arms, legs, or neck.
● Swing or pick up children by the arms.
● Communicate inappropriately (i.e., swear, yell, scream, scold, intimidate).
● Discipline children using corporal punishment, physical force, or unreasonable
discipline.
● Engage in inappropriate or unprofessional relationships with children or their
families.
● Subject children to physical, emotional, or sexual abuse or neglect or grooming
behavior.
Fraud
Smart Start is committed to the provision of the highest possible standards of early
childhood education and care. We have a responsibility to guard against attempts by any
person to gain-by deceit- money, assets, information, or other inappropriate benefit or
advantage. Fraud prevention and control are the responsibility of all staff and all levels of
management. Smart Start has a ‘zero tolerance’ to proven incidents of fraud. Where any
person suspects there may be a case of fraud within their workplace, they must report it to
their line manager, General Manager, any member of the Executive Committee, or through
the Smart Start Whistleblowers’ Hotline.

Example of a Breach of the Code: Employee diverting company funds to buy goods or
services on their behalf e.g. groceries for the Centre and then keeping the groceries for
their own personal use.

Communication - All Media

Communication
Smart Start recognizes the importance of effective communication to ensure it achieves its
goals. All Smart Start Representatives are reminded when communicating that they are
representing Smart Start and they should uphold Smart Start’s guiding principles and
policies relevant to how, and what, they are communicating, particularly in regard to the
strict maintenance of confidentiality, privacy, and professionalism at all times.

Language
To ensure a high standard of professionalism in our work, employees must not use
inappropriate language or words of a derogatory nature while representing Smart Start, or
in the presence of other employees, families, guardians, suppliers, contractors, or children.

Participation in Mainstream Media and Social Media

Smart Start Representatives are advised that it is inappropriate and unacceptable for them
to make insulting, intimidating or otherwise offensive remarks of any kind or make any
criticism or disrespectful comment about current, or past employees, or about any aspect
of Smart Start’s operations (including in relation to, children, families, and carers) in
mainstream media or on social media, including but not limited to blogs, chat rooms, My
Space, Twitter, Facebook, and similar, or in any other public forum or medium, electronic or
otherwise, in any form.

Professionalism
All persons acting on behalf of Smart Start, in any capacity are to act professionally and
with integrity at all times. Smart Start Representatives are to perform their duties to the
best of their ability with care, competence, and efficiency and are to avoid situations where
their actions, behaviors or conduct could reflect adversely on Smart Start or impact
negatively on them.
Dress
Staff should aim to look professional, conservative, and tidy at all times. Clothes should
sufficiently cover the bottom, top of legs, breasts, and stomach. Branding should not be
violent, refer to brands that are inappropriate for children - such as cigarettes or alcohol or
tv shows that would be age inappropriate for a 3-year-old. Really dressing like you imagine
a teacher would dress is ideal, or like a mum.

Professionalism includes:

● Understanding the significant influence representatives have in the lives of children

because the relationship involves regular contact over relatively long periods of time.
These features of education and care settings make it extremely important for
Representatives in direct contact with children to understand how to foster positive
relationships and conduct their behaviors in ways that do not compromise children's
well-being.
● Being guided by the Early Childhood Australian Code of Ethics.
● Awareness that staff who have engaged in substantiated cases of reportable
conduct may face criminal charges.
● Personal grooming and presentation (that is, being clean, tidy, and dressed
appropriately for the employee’s position and in accordance with health and safety
requirements and any other Smart Start policy related to personal presentation).
● Upholding the reputation of Smart Start at every opportunity.
● Striving to ensure a high standard of work in everything employees do.
● Respecting all other persons they come into contact with in the course of
completing Smart Start’s duties.
● Valuing and respecting equality and diversity, across all areas of Smart Start’s
operations.
● Using appropriate channels to address and resolve any problems or issues of
concern.
● Complying with all applicable Smart Start policies, procedures, requirements, and
appendices.
● Not accessing personal information about employees, children, or families for
non-professional reasons.
● Not being under the influence of alcohol or non-prescription drugs at work and not
smoking on Smart Start premises or while using Smart Start vehicles.
● Not sharing confidential information about Smart Start employees or families with
your spouse or friends and thus enabling their divulging this in public forums.
● Related documents: Dress and Appearance Requirement; Alcohol, Tobacco and
Other Drugs Requirement; Alcohol, Tobacco, and Other Drugs Procedure.

Conflict of Interest and Misconduct

Conflicts of Interest
Smart Start Representatives must disclose in writing to their manager the existence of any
potential or actual conflicts of interest that may impact on their Smart Start-related duties.
Managers can seek advice from the Company Secretary regarding the conflict of interest
and possible ways to mitigate the risk. Where a reasonable risk of conflict of interest is
determined to exist, Smart Start representatives will comply with instructions to resolve the
conflict e.g. to desist from the activity in question or how to effectively manage the
relationship.
Examples of conflicts of interest, or circumstances, which may lead to a conflict of interest
arising include (but are not limited to):

● Doing business with, or being employed by, an organization that is in the same or
similar business as Smart Start; or a competitor of Smart Start; or
● Undertaking secondary employment for families who attend a Smart Start center in
the form of “babysitting” or childcare; or
● Doing business with a supplier because they have given Smart Start or one of its
employees a gift or benefit; or
● Working alongside or in a manager/employee relationship with a close relative (for
example, spouse, parent, child, brother, sister, uncle, aunt, niece, nephew,
grandparent or the parent of their spouse); or
● Working in the immediate area/room as a child attending the Centre who is a close
relative (for example, child, step-child, foster-child, niece, nephew grandchild or a
child in respect of whom the Smart Start Representative acts as guardian or primary
caregiver); or
● Being involved in a decision relating to the selection, appointment or promotion of a
close relative or associate; or
● Seeking to run for, or hold, a public office that may impact Smart Start.

Employee Relations
Smart Start is committed to promoting positive working relations among employees,
including between those employees who have supervisory roles and those who report to
them.

Smart Start Representatives are to treat all employees fairly, courteously and without
discrimination, harassment, or bullying. Employees should avoid and promptly report any
conflict between workmates that they know of, including where such conflict involves
bullying or harassment.

Employees must not act in any way that could cause physical, emotional or mental harm to
their fellow employees.

Reporting Misconduct and Breaches of this Code

Any representative who is aware of any conduct, behavior or actions that is, or may be in
breach of this Code, is expected to report the matter immediately. Managers are required to
support employees to disclose information about unacceptable conduct, and are required
to report breaches of this Code of Conduct promptly to the Responsible Person. Reports
can be made verbally, by email, or through phoning 0410384651.

Harassment
Harassment is not only a form of serious misconduct but is also against the law. Smart
Start recognizes the importance of providing all representatives with a workplace that is
free from harassment and bullying.

Smart Start Representatives are expected to act with courtesy and consideration to other
Smart Start Representatives and not to engage in any form of harassment. Harassment is
any unwelcome conduct that offends, humiliates or intimidates a person, and which is
repeated or forms a pattern of behavior.

If any Smart Start Representative experiences, observes, or becomes aware of any

harassment occurring within Smart Start, they must promptly report the matter to their
manager. Smart Start will treat all complaints seriously and will take appropriate action to
stop harassment from occurring.

Smart Start Property and Confidentiality

Smart Start Property

Smart Start property is defined as including but not limited to physical assets, intellectual
property, confidential information, client lists, customer lists, contact details, financial
information, databases, files, reports, photographs, electronic records, manuals,
documents, records, brochures, and data.

Smart Start property must only be used for legitimate business purposes and not for
personal gain or purposes not connected with Smart Start’s work. Smart Start
Representatives have a responsibility to ensure that Smart Start property is used,
maintained and secured appropriately.

Smart Start Representatives must not disclose information that is confidential to Smart
Start and Smart Start Representatives must not use information acquired during the course
of their employment for personal gain or the gain of others.

Confidentiality
Smart Start Representatives have a duty of confidentiality to protect the privacy and
interests of Smart Start, its employees, clients, families, and carers, and other stakeholders.

Confidential information includes, but is not limited to:

● Personal information about employees or families, carers, and other persons

associated with Smart Start.
● Smart Start business plans, strategies, plans, procedures, methodologies,
technology, market research and marketing strategies.
● Financial information.
● Any other information that is not publicly available and which, if disclosed, could
reasonably be expected to adversely impact Smart Start, its employees, clients,
families, and carers.

Smart Start Representatives must not disclose confidential information to any person
unless the disclosure is authorized by Smart Start, or required by law. Unauthorized
disclosure of confidential information is a breach of this Code.

Privacy
Smart Start Representatives have a duty to protect the privacy of personal information
about Smart Start’s employees, clients, families and carers, and other stakeholders.

Smart Start Representatives must only access, use, or disclose personal information for
legitimate business purposes and in accordance with Smart Start’s Privacy Policy and
relevant privacy laws. Personal information must be protected from unauthorized access,
use or disclosure.

​ .

Review
This Code will be reviewed regularly and may be amended from time to time as required.
Employees will be notified of any changes and provided with a copy of the amended Code.
Any Representative who breaches this Code may be subject to disciplinary action.

Disciplinary Action
Disciplinary action may range from an informal or formal warning through to termination of
employment and/or legal proceedings for serious breaches. Any disciplinary action will
take into account the severity of the breach, any mitigating circumstances, the employee’s
work history, and the impact of the breach on Smart Start, its employees, clients, families
and carers, and other stakeholders.

Declaration
All Smart Start Representatives are required to sign the Smart Start Code of Conduct
Declaration to confirm they have read and understood the Code and agree to comply with it.
Smart Start Representatives must provide this signed Declaration to Smart Start on
commencement of employment and every 12 months thereafter. Non-compliance with this
requirement may result in disciplinary action.

I acknowledge that I have read and understood my obligations as outlined in the Smart Start Early Learning
Code of Conduct.

_______________________________________

Signed

_______________________________________

Print name

____________________

Date