Code of Conduct – Langwarrin Park Preschool

CODE OF CONDUCT POLICY

Mandatory – Quality Area 4

PURPOSE

This policy provides guidelines to enable Langwarrin Park Preschool to:

establish the expected standards of behaviour for the Approved Provider, Nominated Supervisor, staff, contractors, volunteers, students on placement, parents/guardians and visitors
create and maintain a child safe environment that reflects the philosophy, beliefs, objectives and values of Langwarrin Park Preschool
promote desirable and appropriate behaviour
promote interactions at the service which are respectful, honest, courteous, sensitive, tactful and considerate.

POLICY STATEMENT

1. VALUES

Langwarrin Park Preschool:

respects the rights of the child and values diversity
acknowledges the vulnerability of Aboriginal children, children from a culturally and linguistically diverse background and children with a disability and has zero tolerance of discrimination
maintains a duty of care (refer to Definitions) towards all children at the service
is committed to the safety and wellbeing of each child at the service
is committed to the safety and wellbeing of all staff at the service
provides a safe and secure environment for all at the service
provides an open, welcoming environment in which everyone’s contribution is valued and respected
is committed to communicating openly and honestly
is committed to continually learning how to be inclusive and respectful of cultural needs
encourages volunteers, students, parents/guardians and visitors to support and participate in the program and activities of the service.

2. SCOPE

This policy applies to the Approved Provider, Persons with Management or Control, Nominated Supervisor, Person in Day to Day Charge, staff, contractors, volunteers, students on placement, parents/guardians and visitors attending the programs and activities of Langwarrin Park Preschool.

3. BACKGROUND AND LEGISLATION

Background

Codes of conduct establish standards of behaviour to be followed and define how individuals are expected to behave towards each other, towards the children in their care, and towards other organisations and individuals in the community.

The Approved Provider, Nominated Supervisor and staff have a duty of care to the children attending the service and must ensure ‘that every reasonable precaution is taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury’ (National Law: Section 167).

The National Quality Standard requires that staff are respectful and ethical and that ‘professional standards guide practice, interactions and relationships’ (National Quality Standard: 4.2 and 4.2.2). © 2019 Early Learning Association Australia Telephone 03 9489 3500 or 1300 730 119 (rural) Code of Conduct Policy (July 2019) Page 2 of 12

Employers also have a legal responsibility to provide, as far as is practicable, a safe workplace that is free from discrimination, bullying and harassment.

Child Safe Standard 3 requires services to develop and review codes of conduct that establish clear expectations for appropriate behaviour with children including:

how to respond to risks adults may pose to children or that children may pose to each other
how to ensure the cultural safety of Aboriginal children and culturally and linguistically diverse children
how to be inclusive of all children, including children with a disability.

A Code of Conduct should be informed by the service’s philosophy, beliefs and values, and based on ethical principles of mutual respect, equity and fairness. Consideration should be given to the Victorian Teaching Profession Code of Conduct and the Code of Ethics and to the Early Childhood Australia’s Code of Ethics in developing the code of conduct.

The Approved Provider must ensure that the Nominated Supervisor, staff, contractors, volunteers, students on placement, parents/guardians, children and others attending the programs and activities of Langwarrin Park Preschool adhere to the expectations outlined in the Code of Conduct when communicating to and interacting with:

children at the service and their parents and family members
each other
others in the community.

Legislation and standards

Relevant legislation and standards include but are not limited to:

Charter of Human Rights and Responsibilities Act 2006 (Vic)
Child Safe Standards (Vic)
Children, Youth and Families Act 2005 (Vic)
Child Wellbeing and Safety Act 2005 (Vic)
Disability Discrimination Act 1992 (Cth)
Education and Care Services National Law Act 2010: Sections 166, 167, 174
Education and Care Services National Regulations 2011: Regulations 155, 156, 157, 175
Equal Opportunity Act 2010 (Vic)
Fair Work Act 2009 (Cth)
Fair Work Regulations 2009 (Cth)
National Quality Standard, Quality Area 4: Staffing Arrangements
Occupational Health and Safety Act 2004
Occupational Health and Safety Regulations 2007
Racial Discrimination Act 1975
Racial and Religious Tolerance Act 2001 (Vic)
Sex Discrimination Act 1984 (Cth)
Victorian Institute of Teaching The Victorian Teaching Profession Code of Conduct
Victorian Institute of Teaching The Victorian Teaching Profession Code of Ethics

The most current amendments to listed legislation can be found at:

Victorian Legislation – Victorian Law Today: http://www.legislation.vic.gov.au
Commonwealth Legislation – Federal Register of Legislation: https://www.legislation.gov.au/

4. DEFINITIONS

The terms defined in this section relate specifically to this policy.

Bullying: Repeated verbal, physical, social or psychological behaviour that is harmful and involves the misuse of power by an individual or group towards one or more persons. Bullying occurs when one or more people deliberately and repeatedly upset or hurt another person, damage their property, reputation or social acceptance.

Duty of care: A common law concept that refers to the responsibilities of organisations to provide people with an adequate level of protection against harm and all reasonable foreseeable risk of injury.

Ethical conduct: Behavior which reflects values or a code of conduct.

Harassment: When someone is demeaning, derogatory or intimidating towards another person. Harassment includes:

racial taunts
taunts about sexual orientation or gender identity
sexual harassment: unwelcome physical, verbal or written behaviour of a sexual nature
repeated insulting remarks.

Investigator: A person/staff member assigned or organization engaged with the responsibility of investigating suspected breaches of the Code of Conduct by the Approved Provider.

Notifiable complaint: A complaint that alleges a breach of the Education and Care Services National Act or Regulation, or alleges that the health, safety or wellbeing of a child at the service may have been compromised. Any complaint of this nature must be reported by the Approved Provider to the secretary of DET within 24 hours of the complaint being made (Section 174(2) (b), Regulation 176(2) (b)). Written reports to DET must include:

details of the event or incident
the name of the person who initially made the complaint
if appropriate, the name of the child concerned and the condition of the child, including a medical or incident report (where relevant)
contact details of a nominated member of the Grievances Subcommittee/investigator
Any other relevant information.

Written notification of complaints must be submitted via the National Quality Agenda IT system (NQAITS): http://www.acecqa.gov.au/national-quality-agenda-it-system. If the Approved Provider is unsure whether the matter is a notifiable complaint, it is good practice to contact DET for confirmation.

Respect: Demonstrating regard for the rights of individuals, for different values and points of views.

Serious incident: A serious incident is defined as (regulation 12):

the death of a child –
– while being cared for by an education and care service; or
– following an incident while being educated and cared for by an education and care service
any incident involving serious injury or trauma to, or illness of, a child while being educated and cared for by an education and care service –
– which a reasonable person would consider required urgent medical attention from a registered medical practitioner (examples include broken limbs or anaphylaxis reaction) attention of a registered medical practitioner; or
– for which the child attended, or ought reasonably to have attended a hospital.

any incident where the attendance by emergency services at the education and care service premises was sought, or ought reasonably to have been sought
any circumstances where a child being educated and cared for by an education and care service appears to be missing or cannot be accounted for;
– appears to have been taken or removed from the education and care services premises in a manner that contravenes National Regulations;
– is mistakenly locked in or locked out of the education and care service premises or any part of the premises.

The Regulatory Authority must be notified of a serious incident (section 174(2)(a)) in writing in the case of:

the death of a child, as soon as practicable but within 24 hours of the death, or the time that the person becomes aware of the death
any other serious incident, within 24 hours of the incident or the time that the person becomes aware of the incident

Written notification of serious incidents must be submitted via the ACECQA portal using the appropriate forms at https://www.acecqa.gov.au/resources/applications.

Support: Work in a co-operative and positive manner.

5. SOURCES AND RELATED POLICIES

Sources

Early Childhood Australia, Code of Ethics: http://www.earlychildhoodaustralia.org.au/our-publications/eca-code-ethics/
United Nations, The Universal Declaration of Human Rights: http://www.un.org/en/universal-declaration-human-rights/
United Nations, Convention on The Rights of the Child: http://www.unicef.org/crc/
Victoria Legal Aid: www.legalaid.vic.gov.au
Victorian Institute of Teaching – The Victorian Teaching Profession Code of Conduct and Code of Ethics: http://www.vit.vic.edu.au

Related policies

Child Safe (formerly Child Protection) Policy
Complaints and Grievances Policy
Delivery and Collection of Children Policy
Interactions with Children Policy
Occupational Health and Safety Policy
Privacy and Confidentiality Policy
Relaxation and Sleep Policy
Staffing Policy

RESPONSIBILITIES

The Approved Provider or Persons with Management and Control is responsible for:

providing a safe environment for staff, contractors, volunteers, students on placement, parents/guardians, children and others attending the programs and activities of Langwarrin Park Preschool
providing guidance through leadership and by being a positive role model
developing and updating/ reviewing codes of conduct for Langwarrin Park Preschool in collaboration with the Nominated Supervisor, staff, parents/guardians, children and others involved with the service (refer to Attachments 1 and 3)

ensuring that staff, volunteers, students and parents/guardians are provided with a copy of this policy on employment, engagement or enrolment at the service and that the current codes of conduct are publicly displayed and promoted to everyone including contractors and visitors
ensuring that staff complete and sign the Code of Conduct Acknowledgement (refer to Attachment 2) and that these are filed with individual staff records upon engagement in the service
ensuring that the codes of conduct are regularly discussed at staff meetings to reinforce expectations
developing a culture of accountability within the service for complying with the code(s) of conduct and being prepared to respond when behavioural expectations are not adhered to
ensuring that all children being educated and cared for at Langwarrin Park Preschool are protected from harm and any hazard likely to cause injury (National Law: Section 167) and that the children know who to speak to about any concerns and that their concerns are followed-up
working with the Nominated Supervisor, staff, students, volunteers, parents/guardians and others at the service to provide an environment that encourages positive interactions, supports constructive feedback and holds one another to the codes of conduct
ensuring that parents/guardians of a child attending the service can enter the service premises at any time that the child is being educated and cared for, except where this may pose a risk to the safety of children or staff, or conflict with any duty of care of the Approved Provider, Nominated Supervisor or educators under the Law (Regulation 157)
ensuring that contractors, volunteers, parent/guardians, students or visitors at the service are not placed in a situation where they are left alone with a child
respecting individual abilities, needs, cultural practices and beliefs in all interactions, both verbal and non-verbal
notifying DET in writing within 24 hours of a serious incident (refer to Definitions) or of a notifiable complaint (refer to Definitions) at the service (National Law: Sections 174(2)(b) and 174(4), National Regulations: Regulations 175(2)(c) and 176(2)(b)) via the NQAITS
referring notifiable complaints (refer to Definitions), grievances or complaints that are unable to be resolved appropriately and in a timely manner to the Grievances Subcommittee/investigator (refer to Complaints and Grievances Policy)
activating the Complaints and Grievances Policy on notification of a breach of the Code of Conduct Policy
taking appropriate disciplinary or legal action, or reviewing the terms of employment in the event of misconduct or a serious breach of the Code of Conduct Policy
contacting Police in an emergency situation where it is believed that there is an immediate risk, such as when violence has been threatened or perpetrated or where sexual abuse or grooming is suspected as outlined in the Child Safe (formerly Child Protection) Policy.

The Nominated Supervisor and Persons in Day to Day Charge is responsible for:

ensuring that the children educated and cared for at Langwarrin Park Preschool are protected from harm and from any hazard likely to cause injury (National Law: Section 167)
providing guidance through their leadership and by being a positive role model
assisting the Approved Provider to develop codes of conduct for staff and parents/guardians, students, contractors, volunteers and visitors (refer to Attachments 1 and 3 for samples)
completing and signing the Code of Conduct Acknowledgement for staff (refer to Attachment 2)
adhering to the Code of Conduct for staff at all times
informing the Approved Provider in the event of a serious incident (refer to Definitions), of a notifiable complaint (refer to Definitions) or of a breach of the Code of Conduct Policy
contacting Police in an emergency situation where it is believed that there is an immediate risk, such as when violence has been threatened or perpetrated, or where sexual abuse or grooming is suspected as outlined in the Child Safe (formerly Child Protection) Policy

working with the Approved Provider, staff, students, volunteers, parents/guardians and others at the service to provide an environment that encourages positive interactions, supports constructive feedback and holds one another to the codes of conduct
ensuring that parents/guardians, students and volunteers sign the code of conduct (refer to Attachment 4)
ensuring that parents/guardians of a child attending the service can enter the service premises at any time that the child is being educated and cared for, except where this may pose a risk to the safety of children or staff, or conflict with any duty of care of the Approved Provider, Nominated Supervisor or educators under the Law (Regulation 157)
developing practices and procedures to ensure that parent/guardians, students, contractors, volunteers or visitors at the service, are not placed in a situation where they are left alone with a child
respecting individual abilities, needs, cultural practices and beliefs in all interactions, both verbal and non-verbal
understanding and accepting that serious breaches of this code will be deemed misconduct and may lead to disciplinary or legal action, or a review of their employment.

All staff are responsible for:

assisting the Approved Provider to develop a code of conduct for staff (refer to Attachment 1)
completing and signing the Code of Conduct Acknowledgement (refer to Attachment 2)
adhering to the code of conduct for staff (refer to Attachment 1) at all times
providing guidance to students, volunteers, parents/guardians, students and visitors through positive role modelling and, when appropriate, clear and respectful directions
working with the Approved Provider, Nominated Supervisor, their colleagues, students, volunteers, parents/guardians and others at the service to provide an environment that encourages positive interactions, supports constructive feedback and holds one another to the codes of conduct
ensuring that parents/guardians, students, contractors, volunteers and visitors at the service are not placed in a situation where they are left alone with a child
informing the Approved Provider in the event of a serious incident (refer to Definitions), of a notifiable complaint (refer to Definitions) or of a breach of the Code of Conduct Policy
contacting Police in an emergency situation where it is believed that there is an immediate risk, such as when violence has been threatened or perpetrated or where sexual abuse or grooming is suspected as outlined in the Child Safe (formerly Child Protection) Policy.
respecting individual abilities, needs, cultural practices and beliefs in all interactions, both verbal and non-verbal
understanding and accepting that serious breaches of this code will be deemed misconduct and may lead to disciplinary or legal action, or a review of their employment.

Parents/guardians are responsible for:

reading the Code of Conduct Policy
completing and signing the Code of Conduct for parents/guardians (refer to Attachments 3 and 4)
abiding by the Code of Conduct for parents/guardians
complying with all policies of the service.

Students, contractors, volunteers and visitors while at the service, are responsible for following this policy and its procedures.

EVALUATION

In order to assess whether the values and purposes of the policy have been achieved, the Approved Provider will:

regularly seek feedback from everyone affected by the policy regarding its effectiveness

monitor the implementation, compliance, complaints and incidents in relation to this policy
assess whether a satisfactory resolution has been achieved in relation to issues arising from this policy
keep the policy up to date with current legislation, research, policy and best practice
revise the policy and procedures as part of the service’s policy review cycle, or as required
notify parents/guardians at least 14 days before making any changes to this policy or its procedures.

ATTACHMENTS

Attachment 1: Sample Code of Conduct for Approved Provider, Nominated Supervisor and all staff
Attachment 2: Code of Conduct Acknowledgement for staff
Attachment 3: Sample Code of Conduct for parents/guardians, students, contractors and volunteers
Attachment 4: Code of Conduct Acknowledgement for parents/guardians, students, contractors and volunteers

AUTHORISATION

This policy was adopted by the Approved Provider of Langwarrin Park Preschool on 12/10/2020

ATTACHMENT 1

Code of conduct for the Approved Provider, Persons with Management and Control, Nominated Supervisor and all staff1

1 This attachment was informed by the Victorian Institute of Teaching’s The Victorian Teaching Profession Code of Conduct and A Guide for Creating A Child Safe Organisation, available from the Commission for Children and Young People (refer to Sources)

The Approved Provider, Persons with Management and Control, Nominated Supervisor and all staff at Langwarrin Park Preschool are responsible for promoting the safety and wellbeing of children and their families by:

welcoming all children and their families and being inclusive
treating everyone with respect, including listening to and valuing their ideas and opinions
contributing to a culture of child safety
adhering to the Child Safe (formerly Child Protection) Policy and all other policies
taking all reasonable steps to protect children from abuse
respecting the privacy of children and their families, and only disclosing information to people who have a need to know as required under the Privacy and Confidentiality Policy
reporting and acting on any breaches of this Code of Conduct, complaints or concerns.

Professional responsibilities

The Approved Provider, Persons with Management and Control, Nominated Supervisor and all staff demonstrate our commitment to our professional responsibilities by:

undertaking duties in a competent, timely and responsible way

ensuring our knowledge and expertise is up to date and relevant to our roles
being aware of the role of other professionals and agencies and working collaboratively and within the limits of our professional expertise
understanding and complying with legal obligations in relation to:
− discrimination, harassment and vilification
− negligence
− grooming
− disclosure of child sexual abuse
− protection of a child from child sexual abuse
− mandatory reporting
− privacy and confidentiality
− occupational health and safety, including emergency evaluation procedures
− raising any complaints or grievances in accordance with the Complaints and Grievances Policy
− maintaining teacher registration and Working with Children checks as applicable.
raising any complaints or grievances in accordance with the Complaints and Grievances Policy.

Relationships with children

The Approved Provider, Persons with Management and Control, Nominated Supervisor and all staff at Langwarrin Park Preschool demonstrate our commitment to high-quality education and care for children by:

encouraging children to express themselves and their opinions
allowing children to undertake experiences that develop self-reliance and self-esteem
maintaining a safe environment for children
being a positive role model at all times
speaking to children in an encouraging and positive manner

giving each child positive guidance and encouraging appropriate behaviour
providing opportunities for children to interact and develop respectful and positive relationships with each other, and with other staff members and volunteers at the service
regarding all children equally, and with respect and dignity
having regard to their cultural values and supporting them to express their culture
respecting individual difference including age, physical and intellectual development, and catering for the abilities of each child at the service
working with children in an open and transparent way by informing other staff about the work being done with children
encouraging and assisting children to undertake activities of a personal nature for themselves e.g. toileting and changing clothes
informing children if physical contact is required for any purpose, asking them if they are comfortable with this interaction and complying with the Interactions with Children policy.

Relationships with parents/guardians and families

In our relationships with parents/guardians and families, the Approved Provider, Nominated Supervisor and all staff demonstrate our commitment to collaboration by:

working collaboratively with parents/guardians and families
considering the perspective of parents/guardians and families when making decisions that impact on the education and care of their child
communicating with parents/guardians and families in a timely and sensitive manner
responding to concerns expressed by parents/guardians and families in a timely and appropriate manner.

Relationships with employer and between colleagues

In relationships with the Approved Provider, Persons with Management and Control, Nominated Supervisor and between colleagues, staff demonstrate collegiality by:

encouraging others to act in accordance with this Code of Conduct and taking action when they observe behaviours which are outside of the Code of Conduct
developing relationships based on mutual respect, equity and fairness
working in partnership in a courteous, respectful and encouraging manner
valuing the input of others
sharing expertise and knowledge in appropriate forums, and in a considered manner
respecting the rights of others as individuals
giving encouraging and constructive feedback, and respecting the value of different professional approaches
being prepared to have difficult conversations and use constructive processes to address differences of opinion.

ATTACHMENT 3

Code of conduct for parents/guardians, students, volunteers, contractors and visitors

I commit to contributing to creating an environment at Langwarrin Park Preschool that:

respects the rights of the child and values diversity
acknowledges the vulnerability of Aboriginal children, children from a culturally and linguistically diverse background and children with a disability and has zero tolerance of discrimination
maintains a duty of care (refer to Definitions) towards all children at the service
is committed to the safety and wellbeing of each child at the service
is committed to the safety and wellbeing of all staff at the service
provides a safe and secure environment for all at the service
provides an open, welcoming environment in which everyone’s contribution is valued and respected
is committed to communicating openly and honestly
is committed to continually learning how to be inclusive and respectful of cultural needs
encourages parents/guardians, volunteers, students and community members to support and participate in the program and activities of the service.

Relationships with children

In our relationships with children, I commit to:

being a positive role model at all times
encouraging children to express themselves and their opinions
allowing children to undertake experiences that develop self-reliance and self-esteem
maintaining a safe environment for children
speaking to children in an encouraging and positive manner
giving each child positive guidance and encouraging appropriate behaviour
regarding all children equally, and with respect and dignity
having regard to each child’s cultural values
respecting individual difference including age, physical and intellectual development, and catering for the abilities of each child at the service.

Relationships with the Approved Provider, Persons with Management and Control, Nominated Supervisor, staff and others

In my relationships with the Approved Provider, Nominated Supervisor, staff, other parents/guardians, volunteers and visitors I commit to:

reading and abiding by the Code of Conduct Policy
developing relationships based on mutual respect
working in partnership in a courteous, respectful and encouraging manner
valuing the input of others
sharing our expertise and knowledge in a considered manner
respecting the rights of others as individuals
giving encouraging and constructive feedback, and respecting the value of different professional approaches
respecting the privacy of children and their families and only disclosing information to people who have a need to know as required under the Privacy and Confidentiality policy
following the directions of staff at all times
treating the kindergarten environment with respect
raising any concerns, including concerns about safety, as soon as possible with staff to ensure that they can be resolved efficiently
raising any complaints or grievances in accordance with the Complaints and Grievances Policy.