Guide to the Education and Care Services National Law ... - acecqa

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For example, an Approved Provider of a centre-based service that has been flooded might request a
temporary waiver to regulation 113 (outdoor space-natural environment) while their outdoor space
is repaired and replanted.
If a temporary waiver is granted, the service is not required to comply with each Element of
the National Quality Standard and each regulation of the National Regulations specified in the
waiver.
A temporary waiver can be revoked by the Regulatory Authority at any time or through
application by the Approved Provider.
Part 2.3: Supervisor Certificates
A person who holds a Supervisor Certificate may be appointed as the Nominated Supervisor of
an education and care service, or may consent to be placed in day-to-day charge of a service in
the absence of the Approved Provider or the Nominated Supervisor.
Once granted, a provider approval is ongoing, unless suspended, cancelled or surrendered. A
Supervisor Certificate is not attached to a particular service (that is, it moves with the person)
and is valid in all jurisdictions. This means that a person will not have to apply for a new
certificate if that person moves to another Approved Service or another jurisdiction. However,
the person will still be required to comply with the relevant working with children law in that
jurisdiction.
A Certified Supervisor who is placed in day-to-day charge of an education and care service
does not have the same responsibilities as a Nominated Supervisor under the National Law and
National Regulations.
If within a service there are five educators who hold a Supervisor Certificate, one of them would
need to consent to be the Nominated Supervisor. The others could consent to being the person in
charge when the Nominated Supervisor is not on duty, to ensure that during all operating hours
there is a responsible person present at the service.
Approved Providers should also consider contingency plans for meeting this requirement during
periods of leave or illness. A good practice would be to ensure that there are several staff with a
Supervisor Certificate who could consent to be placed in charge of a service
Application for supervisor certificate (one-off) $30
All fees are indexed annually on 1 July. The first indexation will occur on 1 July 2013.
For more information about fees, see Part 6.3: Fees.
34 TWO – Guide to the National Law and National Regulations