Family day care educators, or people who provide other services to children in an environment where family day care is being provided, must hold a blue card or an exemption card to comply with the Commission for Children and Young People and Child Guardian Act 2000 ('the Commission's Act') and the requirements of the Education and Care Services National Law (Queensland) Act 2011.
Please refer to the sections below as to how family day care service providers are treated under the Commission's Act.
Family day educators attached to a family day care provider
If a family day care educator provides a family day care service under the supervision or management of a licensed family day care provider, they are considered to be 'paid employees' only for the purposes of treatment under the Commission's Act.
This definition also extends to include if a family day care provider engages a family day care educator to provide family day care services and there is a contract between the family day care provider and the educator.
are treated as 'paid employees' under the blue card system.
This arrangement manages risks to children and young people by enabling the Commission to notify the particular family day care provider about changes to a family day care educator's blue card status so that action can be taken to stop a family day care educator from continuing to work should a blue card be cancelled or suspended.
In accordance with section 161 of the Commission’s Act, a family day care educator is considered to be ‘employed’ by the family day care provider under which they operate, as the educator has an 'agreement to carry out work' with the family day care provider.
Independent family day care educators who are not attached to a family day care provider
If a person provides a family day care service operating as their own approved provider, they are considered to be 'business operators' for the purposes of treatment under the Commission's Act. This means that you are not able to commence family day care until your blue card application has been approved.
Frequent visitors and adult residents of a home where family day care is being provided
Approved family day care providers can apply to the Commission for a blue card/exemption card for frequent visitors and adult residents in a home where a family day care service is being provided. It is the responsibility of the approved family day care provider to develop policies and procedures to assist in determining who is fit and proper to visit and reside in a family day care residence while care is being provided to children.
Adult residents and people who are usually present are considered to be ‘volunteers’ for the purposes of the Commission’s Act and therefore the application will be processed free of charge.
For more information about the Education and Care Services National Law (Queensland) Act 2011, please contact your employer or the Department of Education, Training and Employment on 1800 637 711.
Last updated: 24 June, 2012