STAFF CODE OF CONDUCT POLICY

We believe in maintaining an inclusive and welcoming workplace environment that motivates staff and facilitates personal growth and development. The values underpinning our work ethic include kindness, integrity, responsibility, professionalism and growth. Our OSHC Service is committed to adhere to the ECA Code of Ethics (2016) which is based on the principles of the United Nations Convention on the Rights of the Child (1991) and provides a framework for reflection on the ethical responsibilities of early childhood professionals.

Our OSHC Service is committed to creating and maintaining an environment that promotes the safety of all children and embeds the National Principles for Child Safe Organisations. All staff and volunteers are responsible for promoting a culture of safety and wellbeing to minimise the risk of child abuse or harm to children, whilst promoting children’s sense of security and belonging.

NATIONAL QUALITY STANDARD (NQS)

RELATED POLICIES

PURPOSE
We aim to establish a common understanding of the workplace standards and ethics expected of all employees of the Service. We aim to ensure that positive working relationships are formed between all educators and management, promoting dignity and respect and avoiding behaviour which may be perceived as harassing, bullying or intimidating. Educators and management will at all times conduct themselves in an ethical manner and strive to ensure that all interactions are positive and respectful and in accordance with the Service’s philosophy.

Our OSHC Service takes every reasonable effort to accommodate the diversity of all children in embedding the National Child Safe Principles into our organisation and service operations. We are committed to the safety and wellbeing of children and young people. We recognise the importance of and responsibility for, ensuring our Service provides a safe and supportive environment which respects and fosters the rights and wellbeing of children in our care. We are dedicated in promoting cultural safety for Aboriginal children, cultural safety for children from culturally and/or linguistically diverse backgrounds and to providing a safe environment for children with a disability.

SCOPE
This policy applies to management, the approved provider, nominated supervisor, students, staff, students, families, children, volunteers and visitors of the OSHC Service..

IMPLEMENTATION
The Approved Provider, Nominated Supervisor/s, staff, volunteers, and students will adhere to the Early Childhood Australian Code of Ethics, Education and Care Services National Regulations and the National Quality Standard, Child Safe Standards and Service policies and procedures at all times, promoting positive interactions both within the Service and the local community.

RESPECT FOR PEOPLE AND THE SERVICE

• Employees, educators, staff and Management are committed to the OSHC Service philosophy and values, inclusive of best practice in school age education and care and building positive partnership with children, families and staff
• Our OSHC Service has developed a Statement of Commitment to Child Safety to demonstrate a strong culture of child safety within the Service
• Employees, educators, staff and management adhere to our Child Safe policies including Child Safe Environment Policy Child Protection Policy at all times and take all reasonable steps to protect children from abuse and harm
• Employees and management understand that child safety is everyone’s responsibility 
• Effective, open, and respectful reciprocal communication and feedback between employees, children, families, and management should be practised at all times
• It is important to treat colleagues, children, and families with respect. Bullying or insulting behaviour, including verbal and non-verbal aggression, abusive, threatening, or derogatory language or intimidation towards other employees, educators, staff,management, children, visitors, or families is unacceptable and will not be tolerated.
• Employees, educators, staff and management are committed to valuing and promoting the safety, health, and wellbeing of employees, volunteers, children, and families
• Employees, educators, staff and management promote the cultural safety, participation and empowerment of Aboriginal and Torres Strait islander children to express their culture and enjoy their cultural rights
• Employees, educators, staff and management promote the safety, participation and empowerment of children with culturally and/or linguistically diverse backgrounds to support children to express their culture and enjoy their cultural rights
• Employees, educators, staff and management promote the safety, participation and empowerment of children with a disability
• Employees, educators, staff and management are committed to an Equal Opportunity workplace and culture which values the knowledge, experience, and professionalism of all employees, team members, and managers, and the diverse heritage of our families and children
• Employees, educators, staff and management respect the privacy of children and their families by keeping all information about child protection concerns confidential and only share information to promote child wellbeing or safety and /or manage risk of family violence with other Information Sharing Entities (IES) as per state/territory legislation.
• Our OSHC Service will conduct a comprehensive probation and induction orientation program for all new employees, volunteers and students to include awareness of their roles and responsibilities in relation to Child Safe practices and Child Protection reporting obligations
• Policies and procedures will be developed to ensure employees, educators, staff, students, visitors and families are aware of the standards of behaviour that is expected within the service
• Employees, educators, staff and management are informed that inappropriate behaviour, including bullying, sexual harassment, discrimination and harassment will not be tolerated
• Policies and procedures will be developed to ensure employees, visitors and families are aware of the standards of behaviour that is expected within the service
• Employees are informed that inappropriate behaviour, including bullying, sexual harassment, discrimination and harassment will not be tolerated
• It is important employees, educators, staff and management listen and respond to the views and concerns of children particularly if they are telling you that they or another child has been abused or they are worried about their safety or the safety of another.

EXPECTATIONS OF EMPLOYEES

EMPLOYEES WILL:

• adhere to the Code of Conduct Policy
• ensure their work is carried out proficiently, harmoniously, and effectively. They will act in a professional and respectful manner at all times whilst at work, giving their full attention to their responsibilities and adhering to all Service policies, procedures, Child Safe Standards, Education and Care Services National Law and National Regulations, and the National Quality Standard
• act honestly and exercise attentiveness in all Service operations. They will carry out all lawful directions, retaining the right to question any direction which they consider to be unethical. If uncertain, staff can seek advice from the Nominated Supervisor, General Manager, Approved Provider or the Ombudsman
• uphold the rights of children and always prioritise their needs
• treat all children and young people with respect
• promote the wellbeing and safety of children and take all reasonable steps to protect children from abuse and harm
• provide adequate and effective supervision of children at all times
• understand their legislative responsibility as mandatory reporters to report any allegations or suspicions  of child abuse, neglect or possible risk of harm, to management and/or Child Protection authority
• understand their legislative responsibility as part of the Reportable Conduct Scheme to report to management the inappropriate actions of any other employee that involves children or young people
• participate in all mandatory training, including update of Child Protection refresher training every 12-24 months

• report any instances of suspected corrupt conduct, mismanagement of government funds or other serious allegation to the appropriate agency  (tipoffline@education.gov.au)

• follow and comply with the Dealing with Complaints Policy when matters are raised regarding Child Safety and Wellbeing
• have a solid understanding of the OSHC Service’s policies and procedures, Child Safe Standards and the ECA Code of Ethics. If uncertain about the content of any policy or procedure with which they must comply, employees should seek clarification from the Nominated Supervisor, General Manager or Approved Provider.
• be courteous and responsive when dealing with colleagues, management, students, visitors, children and families
• work collaboratively with colleagues and management, families and members of the community with courtesy, respect and recognise and value diversity
• be mindful of their duty of care towards themselves and others
• be positive role models for children at all times
• ensure compliance with a zero tolerance of racism within the Service
• report any incidents or bullying, discrimination or harassment, including sexual harassment they have experienced or witnessed
• adhere to the Tobacco, Drugs and Alcohol-Free Policy
• respect the confidential nature of information gained about each child participating in the program

• engage in critical reflection to inform individual and collective decision making and ensure continual improvement, including a review of Child Safe policies and procedures.

EMPLOYEES WILL NOT:

• use abusive, derogatory or offensive language
• engage in conduct that is detrimental to the professional standing of our Service, is improper or unethical, is an abuse of power, or harasses, discriminates against, victimises, humiliates, intimidates, or threatens other educators, staff members, volunteers, or visitors at the OSHC Service, either directly or indirectly via information technology such as email, text or social media. Additionally, they will not support those who do this
• condone or participate in illegal, unsafe or abusive behaviour towards children, including physical, sexual or psychological abuse, ill-treatment, neglect or grooming
• exaggerate or trivialise child abuse issues
• fail to report information to the approved provider if they know or suspect that  a child has been abused
• engage in unwarranted and inappropriate touching involving a child
• persistently criticise and/or denigrate a child
• verbally assault a child or create a climate of fear
• encourage a child to communicate in a private setting
• share details of sexual experiences with a child
• use sexual language or gestures in the presence of children
• discriminate against any child, because of culture, race, ethnicity or disability
• put children at risk of abuse, including methods such as refusing food/play, making threats, exposing children to inappropriate language or material (movies, internet, photos)

• show preferential behaviour towards any child

• accept an offer of money, regardless of the amount
• seek or accept a bribe
• acquire personal profit or advantage because of their position (e.g., through the use of Service information)
• exchange any property of the Service for own use, unless properly authorised
• approach other employees, managers or visitors directly on individual matters that are irrelevant to them
• engage in any action in breach of our Privacy and Confidentiality Policy, including but not limited to disclosure of confidential Service or customer information, or the improper or illegal use of that confidential information.  Authorised persons will only access confidential information for the purpose intended.  
• engage in or support any action in breach of Service policies and/or procedures.

EXPECTATIONS OF LEADERS AND MANAGEMENT

In addition to the above responsibilities, leaders and management are expected to:

• promote a collaborative and interconnected workplace by developing a positive working environment where all employees can contribute to the ongoing continuous improvement of the Service
• promote leadership by working with employees and providing opportunities for professional development and growth

• provide flexible opportunities and sufficient notice, to ensure all employees can participate in staff meetings and professional development
• provide ongoing support and feedback to employees
• keep employees informed about essential information and any relevant changes and make all documents readily accessible to them
• ensure copies of the ECA Code of Ethics and Child Safe Standards are available to staff and families
• model professional behaviour at all times whilst at the Service
• implement supportive and effective communication systems, consulting employees in appropriate decision making
• take appropriate action if a breach of the code of conduct occurs
• share skills and knowledge with employees
• give encouragement and constructive feedback to employees, respecting the value of different professional approaches
• follow recruitment policies and procedures to ensure all potential candidates undergo appropriate background checks, including Working With Children Checks
• model and provide guidance to educators and staff to ensure compliance with a zero tolerance of racism within the OSHC Service.

REPORTING A BREACH IN THE CODE OF CONDUCT

Our Service aims to foster a culture of transparency and accountability while supporting employees to report any reasonable suspicion of reportable matters of improper, illegal or misconduct within the service to management including, but not limited to:

• breaches of the Service code of conduct or service policies
• breaches of Education and Care Services National Law or Regulations
• breaches of legislation or law
• criminal activity
• corruption
• conduct that poses a danger or harm to any person/s
• harassment or discrimination
• improper or misleading financial practices

Our OSHC Service will implement protective practices to ensure employees identity is not compromised or disclosed, where applicable, following a report of a reportable matter including storage of documents in a secure and confidential manner and ensuring access to confidential documents is restricted to authorised personnel only. Once a report has been made the matter may be investigated through a formal investigation.

• all employees are required by law to undergo a Working with Children Check (WWCC) which is verified by the employer to ensure it is valid and current

• if employees become aware of a serious crime committed by another employee, they are required to report it to management as per the Reportable Conduct Scheme
• as mandatory reporters, all employees, students and volunteers must report to management and/or Child Protection authority, all actual or possible risk of harm or abuse to children or young persons
• employees will report to management any concerns they may have about inappropriate actions of any other employee that involves children or young people to the approved provider / management (as per the Reportable Conduct Scheme)

• the approved provider / management will report any allegations of child related misconduct as per their legislative requirements (this may include reporting the matter to the Police, Department of Communities and Justice and the Office of the Children’s Guardian in NSW.

MANAGING CONFLICT IN THE WORKPLACE

MANAGEMENT WILL:

• adhere to the Dealing with Complaints Policy
• remain objective and impartial when managing conflict in the workplace
• be responsive and address a possible breach of the code of conduct by any employee as soon as they aware of the breach
• investigate all allegations which may result in remedial action, or disciplinary action ranging from written warning, to caution to dismissal
• consider all relevant facts and make decisions or take actions fairly, ethically, consistently, and with

transparency. If they are uncertain about the appropriateness of a decision or action they will consider:

• whether the decision or conduct is lawful
• whether the decision or conduct is consistent with Service policies and objectives
• whether there will be an actual, potential, or perceived conflict of interest involving obligations that could influence the business relationship or conflict with business duties.

ADHERING TO SERVICE CONFIDENTIALITY

• Unless authorised to do so by legislation, employees must not disclose or use any confidential information without appropriate approval (including written approval as required)
• Lawful sharing of information with other parties must be to promote the wellbeing or safety of children and adhere to guidelines under Child and Family Information Sharing Schemes
• All employees are to ensure that confidential information is not accessed by unauthorised people.
• Employees will adhere to the Service’s Privacy and Confidentiality Policy.

RECORD KEEPING

• Employees and Management will maintain full, accurate, and honest records as required by Education and Care Services National regulations.
• The approved provider has a responsibility to ensure that employees comply with their record keeping obligation outlined in the Record Keeping and Retention Policy
• Employees must not destroy records without permission from management
• Records must be retained and stored securely as per our Record Keeping and Retention Policy

DUTY OF CARE

• The approved provider, management and employees have a responsibility to take reasonable care for the health and safety of themselves and others at the workplace to enable compliance with the work health and safety legislation outlined in the Work Health and Safety Policy
• Duty of Care relates to both physical and psychological wellbeing of individuals
• The approved provider, management and employees must provide adequate supervision of children at all times and ensure the health, safety and welfare of children and young people in their care. This includes taking all reasonable action to protect children and young people from risk of harm that can be reasonably predicted.

APPROPRIATE USE OF COMMUNICATION, SOCIAL NETWORKING SITES & SOCIAL MEDIA

• As a Child Safe Organisation, our Service has the responsibility to ensure children and educators are protected from harm when they engage in with digital technology including social media
• Strict guidelines for the use of social media are outlined in our Social Media Policy
• The service administrator controls the content on the page and ensures that the postings are relevant and respectful of the Service, the children, the staff, families, and the greater community.

• Staff members who have a personal social media account are not permitted to post any negative comments relating to the Service, children, colleagues, or families. If they choose to ‘like’ the Service’s page.
• The Service does not recommend that staff add families of the Service as friends/contacts on social media but accepts that this decision is down to the discretion of the individual staff member, and implies that the content on their personal profile is appropriate for an school-aged education & care professional
• Families are asked in our Social Media Policy to respect that staff may have a personal policy on adding families due to their professional philosophy and that the Service does not recommend staff to have families as friends on their private account.
• Staff members are not permitted to request the ‘friendship’ of families from the Service.

PERSONAL PHONE CALLS/MOBILE PHONES/SMART WATCHES

We are mindful that educators have a duty of care to ensure children are protected from potential risk of harm. It is imperative that all employees of the Service provide children with their full attention, ensuring supervision is maintained and remains on the children.

• employees are not authorised to use the Service’s phones for personal reasons unless in the case of an emergency or with permission from management.
• personal mobile phones should not be used or checked for personal reasons during working hours, however, they may be used for the purposes of taking roll call or pushing music to a speaker
• personal mobile phones may be used for personal reasons during shift breaks when employees are free from work and supervision duties.
• personal mobile phones may be used to take photos of children with ‘photo permission’. All such photos must immediately be sent to the WhatsApp photo group and deleted from the personal staff mobile.  
• children are at no time to be given access to staff mobile phones
• employees are not permitted to use Smart watches to access emails and social media during working hours
• no personal mail or deliveries should be directed to the Service unless prior approval has been granted by the Nominated Supervisor/s
• if, for personal reasons, a staff member needs to remain contactable by someone outside the Service they should ensure that the situation is explained to the Responsible Person on duty and that the service’s primary contact details are passed on to the persons outside the Service.

SERVICE EMAIL

• Email is to be used only for company usage, not for private communications
• Passwords and access privileges are strictly confidential and to be used only by the educator issued with that access, or persons delegated to know and use that access in the normal course of operation
• It is the responsibility of the authorised user to take fair and reasonable steps to ensure the passwords and other forms of access are held safe
• Employees are to be aware that their Service email account may be accessed by Management at any time.

USE OF ALCOHOL, DRUGS AND TOBACCO

• Smoking and vaping are not permitted on school grounds or any other areas of operation of the OSHC Service.
• It is expected that that employee’s clothing will not smell of smoke. If an employee is found smoking/vaping on the premises, that employee’s employment may be terminated. Our Service supports the Smoke Free Environment Act 2000. The company and its employees will follow all conditions outlined in this act.

• Our Service is bound by the Education and Care Services National Regulations.  Alcohol, drugs, or other substance abuse by employees can have serious adverse effects on their own health and the safety of others.  As such, all employees must not:

• consume alcohol nor be under the influence of alcohol while working
• use or possess illegal drugs at any workplace
• drive a vehicle, having consumed alcohol or suffering from the effects of illegal substances, or
• bring alcohol or any illegal drugs onto the premises.

• If a co-worker suspects a colleague to be affected by drugs or alcohol, they must inform the Nominated Supervisor immediately.  No employee will be allowed to work under the influence of drugs or alcohol. (See: Tobacco, Drugs and Alcohol-Free Policy)
• Employees undergoing prescribed medical treatment with a controlled substance that may affect the safe performance of their duties are required to report this to the Nominated Supervisor/s.

Consideration will be given as to whether the particular medication affects the person’s capacity to provide education and care to children

• All issues pertaining to these matters shall be kept strictly confidential. A breach of this policy may initiate appropriate action, including the termination of employment.

DRESS CODE

• All employees must adhere to our uniform/dress code supplied during induction including the display of their name badge whilst on shift.
• Enclosed shoes must be worn at all times (no heels, thongs, sandals or wedges).
• Clothes must be suitable for free movement, active play, and messy play.
• No offensive logos or political statements are to be displayed on clothing.

PERSONAL HYGIENE

All employees are to adhere to the following standards:

• employees should follow appropriate oral hygiene practices

• clothes should be clean and laundered for every shift, in line with the allowance paid to all emplyees

BREACH OF THE CODE OF CONDUCT

All staff members are made fully aware that the following breaches of the Code of Conduct and role responsibilities may result in disciplinary action which may lead to termination of employment:

• reporting to work under the influence of alcohol or drugs
• refusal to complete required additional training
• possessing or selling drugs at the Service
• immoral, immature, or indecent conduct while at the Service
• inappropriate use of company equipment and/or resources
• refusing to work as reasonably directed
• possessing a dangerous weapon whilst at the Service
• bringing disrepute to the Service
• causing disruption or discontent in the relationship between a family and the Service
• disclosure of confidential information
• falsifying documentation
• stealing, abusing, defacing, or destroying company property
• interfering with work schedules
• falsification of reports, documents, or wages information
• failure to report for work without notice
• walking off the job
• failure to follow policies and procedures
• vulgar, disrespectful or unkind conduct towards/about families, management or colleagues
• making or publishing false, vicious, or malicious statements about any employee of the Service, or the Service itself
• unable to maintain or hold a current Working With Children Check/Clearance [or state equivalent].

DISCIPLINARY ACTION

All staff members are made fully aware that continued abuse of the following may result in disciplinary action. These include, but are not limited to the following:

• unauthorised absence
• consistent or ongoing late arrivals and/or unauthorised extended breaks
• having personal visitors whilst on shift
• continued personal phone calls
• retaining photographs of service children beyond the end of any given shift
• unauthorised distribution of Service resources or materials
• consistent or ongoing poor work standard
• carelessness in the performance of duties
• consistent or ongoing low level of enthusiasm
• lack of personal cleanliness and hygiene
• taking excessive breaks
• failure to report health, fire, or safety hazards
• repeated tardiness

CONTINUOUS IMPROVEMENT/REFLECTION

The Code of Conduct Policy will be evaluated and reviewed on an annual basis in conjunction with children, families, staff, educators and management.

SOURCE

Anti-Discrimination Act: See https://raisingchildren.net.au/disability/disability-rights-the-law/law/anti-discrimination-laws for Acts for specific Australian states and territories.

Australian Children’s Education & Care Quality Authority. (2014).

Australia Children’s Education & Care Quality Authority. (2023). Guide to the National Quality Framework.

Australian Human Rights Commission https://www.humanrights.gov.au/our-work/childrens-rights

Early Childhood Australia Code of Ethics. (2016).

Fair Work Act 2009 (Cth).

Guide to the Education and Care Services National Law and the Education and Care Services National Regulations. (2017).

Guide to the National Quality Framework. (2017) (Amended 2020).

Government of South Australia Human Services Child safe environments

National Principles for Child Safe Organisations

NSW Government Office of the Children’s Guardian Code of Conduct- a guide to developing child safe Codes of Conduct. (2020).

Ombudsman Act 2001 (Cth).

Privacy and Personal Information Protection Act 1998 (Cth).

Revised National Quality Standard. (2018).

Victoria State Government. (2022). Families, Fairness and Housing. Resources for Child Safe Standards

Victoria State Government. (2021). Family Violence Multi-Agency Risk Assessment and Management Framework.

Western Australian Education and Care Services National Regulations 

Work Health and Safety Act 2011 (Cth). 

Workplace Relations Act 1996 (Cth).

Work Place Law https://www.workplacelaw.com.au/getting-your-mobile-phone-policies-right/