Quality Area 6: Collaborative partnerships with families and communities

Access for parents

[  National Regulations, Regulation 157 ]

A parent of a child may enter a service’s premises at any time the child is being educated and cared for by the service.

The approved provider, nominated supervisor or family day care educator is not required to allow a parent to enter the service premises if:

• permitting the parent’s entry would pose a risk to the safety of the children and staff of the service
• permitting the parent’s entry would conflict with any duty of the provider, supervisor or educator under the National Law
• they reasonably believe permitting the parent’s entry would contravene a court order.

A parent includes a guardian of a child or a person who has parental responsibility for a child under a decision or order of a court.

The regulatory authority may suspect an approved provider, nominated supervisor or family day care educator has failed to comply with this requirement if, for instance, they are notified of a complaint from a parent who has been refused access. In such cases, the regulatory authority may seek to establish whether entry was refused based on one of the three exceptions outlined above, by discussing the factors that informed the decision to refuse the parent entry.

For example, if the approved provider, nominated supervisor or family day care educator says the parent was denied access because an aggravated violence order is in place against the parent, the authorised officer may ask to see the child’s enrolment record. This enrolment record must include details of any court orders, parenting orders or parenting plans in relation to the child or access to the child (regulation 160).

Where a decision to refuse access arose as a result of circumstances which posed a risk to the health, safety and wellbeing of children, the incident must be reported to the regulatory authority (regulation 175). Where this incident relates to a parent complaint, refer also to Governance and leadership. The authorised officer may also request to see the policies and procedures about the delivery and collection of children (regulation 168).

Although it is not a requirement, approved providers may develop a policy about access to children to clarify for parents the circumstances in which they may be denied access, and keep a record of when these decisions are made.

Responsibilities of the approved provider, nominated supervisor and family day care educator

*Waivers do not apply to any of these requirements.