National Standards and Legislations

Submitted by sylvia.wong@up… on Wed, 11/10/2021 - 20:32
In Australia, there are a range of regulations, laws and frameworks relevant to relationships with children in early childhood education and care services.

Australia has a national law that sets the standard for early childhood education and care services. The regulations that support this law include the National Quality Standard (NQS).

The NQS includes seven (7) quality areas that are important to child outcomes.

The quality area most relevant to this module is Quality Area 5 – Relationships with children.

By the end of this topic, you will understand:

  • How to describe the requirements (standards and elements) of Quality Area 5 of the NQS
  • How to identify and describe national and state/territory frameworks and guidelines relevant to relationships with children.

 

Sub Topics

In Australia, there is a range of regulations, laws and frameworks relevant to relationships with children in early childhood education and care services.

the national quality framework

All services must comply with the following legislation:

  • Education and Care Services National Law Act (Separate acts for WA and QLD)
  • Education and Care Services National Regulations (2011)
Resource

To learn more about the law and regulations mentioned, visit the following link:

The purpose of the applied law system is to set a national standard for children’s education and care across Australia. In effect it means the same law is applied in each state and territory, but with some varied provisions as applicable to the needs of each state or territory. Service policies and procedures capture a service’s interpretation of the national laws and regulations and its way to implement them in the daily operation so it caters to the individual needs of families, children and the community.

Check your understanding

The Education and Care Services National Regulations (2011) provide details on operational requirements for education and care services.

Each regulation has an associated number. Identify TWO regulations that relate to relationships with children, then think of how they can be applied to your practice as an early childhood educator: 

Regulation number    
Regulation name    
Description of regulation    
How it applies to my practice    
Regulation number 155 156
Regulation name Interactions with children Relationships in groups
Description of regulation ‘An approved provider must take reasonable steps to ensure that the education and care service provides education and care to children in a way that—

a) encourages the children to express themselves and their opinions; and

b) allows the children to undertake experiences that develop self-reliance and self-esteem; and

c) maintains at all times the dignity and rights of each child; and

d) gives each child positive guidance and encouragement toward acceptable behaviour; and

e) 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.’

  1. ‘The approved provider of an education and care service must take reasonable steps to ensure that the service provides children being educated and cared for by the service with opportunities to interact and develop respectful and positive relationships with each other and with staff members of, and volunteers at, the service.
  2. For the purposes of subregulation (1), the approved provider must have regard to the size and the composition of the groups in which children are being educated and cared for by the service.’
How it applies to my practice In my practice, I would make sure I did the following:
  • Ask the children questions and give them time to respond and engage with me.
  • Provide a range of experiences that encourage inquiry-based learning.
  • Be responsive to the children by listening, engaging and extending on their interests and ideas.
  • Give the children opportunities to make choices within the routine and program.
In my practice, I would make sure I did the following:
  • Set up experiences that allow for small and large groups of children to engage with each other.
  • Encourage and praise children’s positive interactions with each other.
  • Provide one-on-one interaction with children to allow the building of relationships with staff.
  • Recognise play in which educators should not involve themselves, and allow the children to play and resolve issues within the group.
  • Role model prosocial behaviour.

In addition to these laws and regulations, services are also required to comply with the National Quality Framework (NQF), which outlines standards for early childhood education and care services in Australia. Each state/territory in Australia have legislation applicable to the NQF. It is important to understand the requirements of the NQS, which is a key aspect of the NQF.

The National Quality Standard sets the benchmark for early childhood education and care services in Australia.

The NQS includes seven (7) quality areas relating to quality outcomes for children:

  1. Educational program and practice
  2. Children’s health and safety
  3. Physical environment
  4. Staffing arrangements
  5. Relationships with children
  6. Collaborative partnerships with families and communities
  7. Governance and leadership

Each of the seven quality areas has standards, which are a minimum benchmark of what services need to achieve. They also include elements, which describe the outcomes that contribute to the standard being achieved.

For example, Quality Area 5: Relationships with Children has two (2) standards:

  • Standard 5.1 Relationships between educators and children: Respectful and equitable relationships are maintained with each child.
  • Standard 5.2 Relationships between children: Each child is supported to build and maintain sensitive and responsive relationships.

Standard 5.1 has two elements:

  • Element 5.1.1 Positive educator to child interactions: Responsive and meaningful interactions build trusting relationships which engage and support each child to feel secure, confident and included.
  • Element 5.1.2 Dignity and rights of the child: The dignity and rights of every child are maintained.
Resource

The standards and elements for all seven quality areas are outlined at the following link:

Requirements of Quality Area 5

The following table from the ACECQA website lists all the requirements for this quality area:

Standard 5.1

Relationships Between Educators and Children

Respectful and Equitable Relationships Are Maintained With Each Child

Element 5.1.1

Positive educator-to-child interactions

Responsive and meaningful interactions build trusting relationships which engage and support each child to feel secure, confident and included.

Element 5.1.2

Dignity and rights of the child

The dignity and rights of every child are maintained.

Standard 5.2

Relationships Between Children

Each Child Is Supported to Build and Maintain Sensitive and Responsive Relationships

Element 5.2.1

Collaborative learning

Children are supported to collaborate, learn from and help each other.

Element 5.2.2

Self-regulation

Each child is supported to regulate their own behaviour, respond appropriately to the behaviour of others and communicate effectively to resolve conflicts.

All children need a sense of connection with others to support the development of their identity and social and emotional competence. From birth, children begin to explore how the social world works. Exploring and learning to socialise appropriately with others, and to manage feelings, behaviours and responsibilities is a complex process. When educational leaders, co-ordinators and educators take a positive, strengths-based approach to guiding children’s behaviour, they ultimately empower children to regulate their own behaviour and develop the skills needed to interact and negotiate effectively with others.

Relationships with peers take on increasing importance for older children. Supportive relationships with educators enable older children to develop confidence in their ability to express themselves, work through differences, engage in new experiences and take calculated risks.3

teacher and toddler wearing princess crown playing with unicorn doll inside tipi
Watch

The following 3-minute presents a case study published by the Queensland Department of Education of how one service has supported educators to develop positive relationships with the children in their care

Check your understanding
Think of three (3) examples for each element from Standard 5.1 or Standard 5.2 of how these elements could be demonstrated in an early childhood education and care service:
Element No. Element Name How it Might be Demonstrated in a Service
Element 5.1.1 Positive educator-to-child interactions  
Element 5.1.2 Dignity and rights of the child  
Element 5.2.1 Collaborative learning  
Element 5.2.2 Self-regulation  
Element No. Element Name How it Might be Demonstrated in a Service
Element 5.1.1 Positive educator-to-child interactions
  1. Engage children using positive language.
  2. Allow children’s ideas to be heard and extended on.
  3. Get down to a child’s level and using eye contact and the child’s name.
Element 5.1.2 Dignity and rights of the child
  1. Collaborate with children on matters that affect them.
  2. Ensure children have the ability to sleep, eat and play.
  3. Use appropriate language with children – never embarrass or yell at a child.
Element 5.2.1 Collaborative learning
  1. Collaborate with children about what experiences and resources will be available in the program.
  2. Use open-ended questions with children and encouraging inquiry-based learning.
  3. Make observations and identifying the children’s learning interests and needs, and acting on these.
Element 5.2.2 Self-regulation
  1. Provide resources for children to care for themselves, such as water and tissue boxes within a child’s reach.
  2. Provide opportunity for children to self-regulate, such as asking the child if they need to go to the toilet or if they are feeling cold.
  3. Ensure routines are unhurried so the children can have time to practice self-regulation skills.
WATCH

The following 3-minute video published by ACECQA helps to explain Quality Area 5 from the NQF:

There are three (3) approved learning frameworks relevant to relationships with children that are applied nationally and by each state/territory:

Relevant Frameworks and Guidelines

Description

Belonging, Being & Becoming: The Early Years Learning Framework for Australia (EYLF)

The EYLF is the framework for early years learning in Australia.

The framework was designed to help guide educators to give young children the opportunities they need to make the most of their potential and build a foundation for successful learning.

The framework incorporates three (3) related elements:

  • Principles
  • Practices, and
  • Learning outcomes.

Many of the key components of the learning outcomes are relevant to relationships with children in early childhood education and care settings.

My Time, Our Place: Framework for School Age Care in Australia (MTOP)

My Time, Our Place extends upon the principles outlined in the EYLF but applies to children who attend school age care settings.

Like the EYLF, My Time, Our Place incorporates principles, practices and learning outcomes, extending upon those relevant to relationships with children.

Victorian Early Years Learning and Development Framework (VEYLDF)

The VEYLDF is designed to provide a guide for early childhood professionals to achieve the nationally agreed early learning outcomes set out in the EYLF.

The VEYLDF incorporates eight related practice principles, one of which is to nurture ‘respectful relationships and responsive engagement’.

The aim of the learning frameworks is to extend and enrich children’s learning from birth to primary school years (birth to twelve).

The Framework draws on conclusive international evidence that early childhood is a vital period in children’s learning and development. It has been developed with considerable input from the early childhood sector, early childhood academics and the Australian and State and Territory Governments.

The Framework forms the foundation for ensuring that children in all early childhood education and care settings experience quality teaching and learning. It has a specific emphasis on play-based learning and recognises the importance of communication and language (including early literacy and numeracy) and social and emotional development. The Framework has been designed for use by early childhood educators working in partnership with families, children’s first and most influential educators.

Under the National Law, services must deliver an educational program to all children being educated and cared for that is:

  • based on an approved learning framework
  • delivered in accordance with that approved learning framework
  • based on the developmental needs, interests and experiences of each child
  • designed to take into account the individual differences of each child. 4

Some examples of guidelines that can assist educators when working with children especially when adhering to Quality Area 5- Relationships with children can include, apart from NQF and its components:

  • ECA Code of Ethics
  • UN Convention on the rights of the child
  • Service policies and procedures
  • Service philosophy.
Check your understanding

1. The Early Years Learning Framework for Australia is based upon three (3) central concepts:

  • belonging
  • being
  • becoming.

Research what each of these concepts means within the framework and then reflect upon the following questions:

  • Why are these concepts important to children’s development during the early years?
  • How could you keep these concepts in mind as you develop and build your relationships with children?
  • Belonging: This refers to a child feeling welcome and valued within the centre and their community and family – a sense of belonging to a group or place.
  • Being: This refers to children being provided with the opportunity to ‘be’: be themselves, be who they are, be able to learn, develop and take risks that are generally expected of a child – letting a child be a child.
  • Becoming: This relates to assisting a child’s learning and development to reach their potential – using a holistic view of becoming themselves (their personality, self-esteem, skills and knowledge.

2. Why are these concepts important to children’s development during the early years?

These are important concepts, as they are the foundation needed to create a safe place for children to learn, develop and reach their potential. Children need to have a sense of belonging to their family and community to make sense of their world and feel safe. This helps build trusting relationships. Children need to be allowed to learn and explore as children. They need educators to allow them this sense of being. Children also need guidance and encouragement in the early years to learn and develop. Guidance and encouragement can help children reach their full potential and, in a sense, become the best version of themselves.

 

3. How could you keep these concepts in mind as you develop and build your relationships with children?

  • Being:
    • When engaging with children, they do not have expectations of their knowledge and behaviour that are not age appropriate.
    • Encourage and praise children when exploring and engaging with the environment as long as what they are doing is safe – let them get dirty, roll in mud and jump in the water.
    • Extend on and explore children’s interests with them through play and conversations.
  • Belonging:
    • Spend one-on-one time with each child to build trust. Use this time to learn about the child’s interests and engage in these interests with the child.
    • Use welcoming language with children: ‘We are all so happy to have you here today.’
    • Be responsive to children: Show appropriate affection and meet each child’s care and educational needs.
  • Becoming:
    • When engaging with a child, use open-ended questions to encourage thinking.
    • Use meaningful language when engaging with children in experiences and activities.
teacher and blond student toddler girl drawing using digital board at kindergarten

Use the following questions to check your knowledge. You can check the correct answer by clicking on the 'Answer' button:

1. What quality area in the NQS is most relevant to educators’ relationships with children?

Quality Area 5: Relationships With Children

2. What are the two standards and their two elements in Quality Area 5 in the NQS?

Standard 5.1

Relationships Between Educators and Children

Respectful and Equitable Relationships Are Maintained With Each Child

Element 5.1.1

Positive educator-to-child interactions

Responsive and meaningful interactions build trusting relationships which engage and support each child to feel secure, confident and included.

Element 5.1.2

Dignity and rights of the child

The dignity and rights of every child are maintained.

Standard 5.2

Relationships Between Children

Each Child Is Supported to Build and Maintain Sensitive and Responsive Relationships

Element 5.2.1

Collaborative learning

Children are supported to collaborate, learn from and help each other.

Element 5.2.2

Self-regulation

Each child is supported to regulate their own behaviour, respond appropriately to the behaviour of others and communicate effectively to resolve conflicts.

3. How can you as an educator apply these regulations/standards and elements to develop positive and respectful relationships with children?

Regulation number 155 156
Regulation name Interactions with children Relationships in groups
How it applies to my practice In my practice, I would make sure I did the following:
  • Ask the children questions and give them time to respond and engage with me.
  • Provide a range of experiences that encourage inquiry-based learning.
  • Be responsive to the children by listening, engaging and extending on their interests and ideas.
  • Give the children opportunities to make choices within the routine and program.
In my practice, I would make sure I did the following:
  • Set up experiences that allow for small and large groups of children to engage with each other.
  • Encourage and praise children’s positive interactions with each other.
  • Provide one-on-one interaction with children to allow the building of relationships with staff.
  • Recognise play in which educators should not involve themselves, and allow the children to play and resolve issues within the group.
  • Role model prosocial behaviour.

Applying the elements to develop positive relationships:

Element No. Element Name How it Might be Demonstrated in a Service
Element 5.1.1 Positive educator-to-child interactions
  1. Engage children using positive language.
  2. Allow children’s ideas to be heard and extended on.
  3. Get down to a child’s level and using eye contact and the child’s name.
Element 5.1.2 Dignity and rights of the child
  1. Collaborate with children on matters that affect them.
  2. Ensure children have the ability to sleep, eat and play.
  3. Use appropriate language with children – never embarrass or yell at a child.
Element 5.2.1 Collaborative learning
  1. Collaborate with children about what experiences and resources will be available in the program.
  2. Use open-ended questions with children and encouraging inquiry-based learning.
  3. Make observations and identifying the children’s learning interests and needs, and acting on these.
Element 5.2.2 Self-regulation
  1. Provide resources for children to care for themselves, such as water and tissue boxes within a child’s reach.
  2. Provide opportunity for children to self-regulate, such as asking the child if they need to go the toilet or if they are feeling cold.
  3. Ensure routines are unhurried so the children can have time to practice self-regulation skills.
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