CHCEDS001

Comply with Legislative, Policy and Industrial

Requirements in the Education Environment

Session 1
CHCEDS001 – Comply with legislative, policy and industrial requirements in the
education environment

This unit of competency consists of the following Assessment Tasks:

AT1 – Knowledge Questions

AT2 – Case Study

AT3 – Placement Task

AT3 – Workplace Observation

In this session we will be covering the following topics:

Topic 1 -

Identify Legislative and Policy Requirements:

- Access current workplace information that covers the range of legislation

and guidelines relevant to the job role
- Clarify and confirm understanding of legislation with supervising teacher, to
ensure consistency of interpretation and application
- Obtain advice from supervising teacher when conflicting directives are found

3
Access current workplace information that covers the range of legislation and
guidelines relevant to the job role

 Employment contracts for Education Support Staff might be offered on a casual,

part time or ongoing basis
 They will be written in relation to the appropriate Awards for Teaching Assistants
which detail the type of employment conditions including:
- The individual hourly rate of pay and entitlements such as sick/annual leave,
superannuation etc.
- Information regarding staff training/professional development

https://www.education.vic.gov.au/hrweb/employcond/pages/awards.aspx
Access current workplace information that covers the range of legislation and
guidelines relevant to the job role

 • Details of workplace policies and procedures e.g. Workplace bullying, grievance

procedures, disciplinary and suspension procedures, can all be found on your
school’s website or on the Victorian Departments website:
https://www.education.vic.gov.au/school/principals/spag/Pages/policyportal.aspx

 • Additional jobs that make up part of the role of the Ed Support Worker e.g.
playground duty, cleaning, attendance on camps or excursions etc, can be found
in your Job Description
Job Description Example:
 Education Support staff assist with the implementation of the curriculum consistent with the school's philosophy, policies and practice.
Under direct supervision of teachers, Education Support Staff will help with the operation of their assigned class, including children's
behaviour, educational program and some aspects of administration to ensure the provision of a suitable learning environment.
 This role is 30 hours per week (M-F 9-3.30pm) in a classroom consisting of Years 1-3.
 Under the direction of the Classroom Teacher, Education Support staff will:
 Assist with conducting lessons that engage and challenge students and reflect the Montessori philosophy
 Follow assessment procedures and report on the progress of individual students
 Attend and contribute to meetings, school events, excursions and camps
 Undertake supervisory duties outside of the classroom
 Participate regularly in professional development
 Work collaboratively with all staff
 Assist with food preparation with students and other dining programme duties as required
Skills and experience
 Must have experience working with children
 Must be able to demonstrate an understanding of appropriate behaviours when engaging with children
 Commitment to valuing each student's individuality and demonstrated awareness of children from varying backgrounds and needs
 Create and maintain good working relationships between all members of the school community
 Commitment to personal growth
 Show initiative, be flexible and adaptable
 Modelling of the school's values
Qualifications
 Cert III in Education Support or equivalent
 Working With Children Check
 National Criminal Record Check
Access current workplace information that covers the range of legislation and
guidelines relevant to the job role

Fair Work: https://www.legislation.gov.au/Details/C2017C00323

 • The Fair Work Act (2009) was introduced to set out consistent National Employment
Standards detailing the minimum terms and conditions of employment for workers

 • E.g. maximum standard working week of 38 hours

 • Four weeks paid annual leave per year (pro rata)

 • Long service leave

 • Paid public holiday leave (if usual hours fall on these days)

https://www.youtube.com/watch?v=Gn6E_DXr8dM
https://www.youtube.com/watch?v=LaYr2EfnK4w
Access current workplace information that covers the range of
legislation and guidelines relevant to the job role

 • Every employee needs to show an understanding of the particular legislation,

regulations and standards matched to your industry in order to comply with set
regulations, guiding the daily operation in the workplace

 • Employees are expected to keep up with changes to legislation and current

knowledge of Acts and Regulations which is provided in staff development and
training on a regular basis

DISCUSS - What are Acts?

Access current workplace information that covers the range of legislation and
guidelines relevant to the job role

Acts are:
• Acts are laws (passed by Parliament) which can be enforced as they are
law

• Regulations are the legal documents made under the Acts. Regulations
give more specific details on how the legislation is to be implemented

• Most of the information employees are required to know can be found in

the service’s policies

• Changes and updates made to legislation is often provided by relevant

external bodies including state/territory education departments, unions and
other professional associations

https://www.youtube.com/watch?v=pSCMpX9stW0
Access current workplace information that covers the range of legislation and
guidelines relevant to the job role

When you first start in your role it is essential that you become familiar with the following points:

- Conditions of employment such as daily hours you will be working and your rate of pay

- What to do if you are absent/sick

- Who you need to directly report to and the chain of communication

- Work Health and Safety such as reporting hazards, availability of personal protective clothing (PPE)

- How to record any minor workplace injuries

- Where you sign on and off

- Where to put your personal belongings

- Where to access lunch/break facilities

- The school routine/timetable

Access current workplace information that covers the range of legislation and
guidelines relevant to the job role

DISCUSS –

Where would you find out the following information, prior to starting a new job?

- The schools Code of Conduct

- Rules of the playground
- Your expected role if the classroom teacher is absent for the day
- What you should say if a parent approaches you and asks about their child or
another child in the classroom
- Behaviour guidance policy
- Staff dress code
Access current workplace information that covers the range of legislation and
guidelines relevant to the job role

BRAINSTORM –

What is your role as an Ed Support Worker?

Access current workplace information that covers the range of legislation and
guidelines relevant to the job role

Did you mention things such as:

 Follow directions/advice/programs of support services/professionals

 Supervise students under direction of the teacher
 Support the delivery of the curriculum
 Prepare resources and assist with routines
 Support behaviour management strategies
 Report any behaviour concerns to the teacher
 Assist in student assessment and documentation of student progress under
direction of the teacher
 Refer any questions from parents to the teacher
 Establish an engaging, supportive and productive rapport with all students
Clarify and confirm understanding of legislation with supervising teacher, to
ensure consistency of interpretation and application

DISCUSS:

You have been asked to re-organise the library area for a class based activity, which
will include moving chairs, tables and some small book shelves.

As you have an old back injury you are very conscious of moving heavy equipment.

How/where would you go to find out the manual handling processes in your
workplace, so you could ensure you were complying with the appropriate legislations
and policies?
Clarify and confirm understanding of legislation with supervising teacher, to
ensure consistency of interpretation and application

(cont from pervious slide)

You find out that the appropriate weight one person in your workplace can lift on their own is 10kg. You were
fine moving the tables and chairs in the library, but you felt you may need extra support when moving the
small bookcases.
When you asked your supervising teacher for some assistance, they told you that they move objects on their
own all the time – and that you can do the same!

What should you do next?

Should you –
- Go to someone higher up in the school and explain the situation
- Tell your supervising teacher you have a bad back and don’t feel comfortable moving the heavier objects
alone
- Go ahead and move the bookcases by yourself, as you don’t want to cause trouble
- Tell your supervising teacher that the most anyone can lift alone is 10kg and that if you moved anything
heavier than that, you would be in breach of the schools policy
- Tell your supervising teacher to move the bookcases by themselves, as you are not going to risk an
injury
Clarify and confirm understanding of legislation with supervising teacher, to
ensure consistency of interpretation and application

While it is important to become familiar with legislations, policies and industrial

requirements, sometimes the wording in these documents can be confusing and full
of jargon that is difficult to understand.

It is always a good idea to read the relevant documents and then confirm your level of
understanding with a supervisor or appropriate person in the school.

By doing this you are ensuring you have confirmed your understanding and that you
can fulfil your role sufficiently while following the laws, policies and guidelines
Obtain advice from supervising teacher when conflicting legislative directives
are found

DISCUSS –
Can you think of any legislations that could potentially conflict with each other?

One example of this might be:

If a child discloses abuse in their home to you, but asks you to not tell anyone – two legislations
may conflict with each other.

1 - Children, Youth and Families Act 2005 (Vic).This Act ensures that all children witnessing or
being abused must be protected and the incident/disclosure falls under mandatory reporting
laws, which means you are obligated to pass the information on to another person, under your
duty of care

2 – Privacy and Data Protection Act 2014 (Vic). This Act protects all confidential information that
relates to individuals (including children) it states that information cannot be passed on to other
people/organisations

If you think about the TWO acts above – which one do you think over rides the other?
Obtain advice from supervising teacher when conflicting legislative directives
are found

It is important to note, that any law, policy or legislation becomes VOID when we are
discussing abuse associated with children or young people.

This means that ALL other laws are pushed aside to ensure the child or young person
is given priority care and support.
Even though the child may have disclosed or witnessed some type of abuse and
asked you not to tell anyone, you cannot keep this information to yourself (even
under the confidentiality laws). Under mandatory reporting you MUST proceed with
telling someone about the information you’ve received.

If you suspect a child/student is being abused, you must pass this information on to:
- Supervising Teacher
- Coordinator
- Child Safe Victoria https://www.education.vic.gov.au/school/principals/spag/safety/Pages/childsafestandards.aspx
- Victorian Police – call 000
Obtain advice from supervising teacher when conflicting legislative directives
are found

It is always important to discuss any discrepancies, legislative or policy conflicts, as

well as misinterpretations of material with your supervising teacher, as this will ensure
you have a comprehensive understanding of what is required of you in the workplace.

Remember – Ignorance is no excuse!!

Go to your school/department website and read the relevant policies associated with
your job role
Always ask questions if you are unsure of anything you’ve read
Talk to particular teachers that specialise in certain areas, ie: OHS Representative to
gain a better understanding of content