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Where an out of school hours care (OSHC) service is operated by an SA government school governing council, the council is the approved provider of the service.
The council has the legal liability and accountability for OSHC, including any outreach service operating on another site.
The school governing council must comply with:
- the legal responsibilities of operating a service described in the child care provider handbook
- Australian and state government legislation, policy, regulations, standards and guidelines including the National Quality Standard, the Education and Care Services National Law, Education and Care Services National Regulations and administrative instructions and guidelines (PDF 600KB)
- conditions of funding and/or operational agreements entered into with any government or agency
- the OSHC policy (PDF 200KB) and the Provision of out of school hours care (OSHC) services on department sites procedure (PDF 582KB).
School governing councils must ensure that:
- an OSHC advisory committee is established
- school governing council has an instrument of authorisation (PDF 394KB) to the principal clearly outlining the extent of the principals responsibilities for OSHC.
The school governing council is the employer of OSHC staff. The council must have processes for recruiting, managing and supporting staff and for ensuring regular payments to staff, including during school holiday periods.
The council may delegate the authority to hire additional staff short term (less than 20 days) to the OSHC director, however only the council can dismiss OSHC employees.
Further information to support council as the employer of OSHC staff is available on the employment of OSHC staff page.
Policy and procedures to manage complaints and grievances must be developed and implemented in accordance with the education complaint policy.
The reporting incidents page has more information about dealing with complaints.
The financial roles and responsibilities checklist (PDF 114KB) provides detailed information for governing councils.
School governing councils must ensure that:
- OSHC funds are managed within the school’s consolidated account within Company 4
- OSHC finances are audited annually
- the management and interpretation of the service’s financial reports show income and expenditure against the budget, are comprehensive and assesses the financial viability of the OSHC service
- financial reports are presented and ratified at each council meeting
- the OSHC budget includes anticipated income from all sources, proposed expenditure and details of any funds held for special purposes
- the OSHC budget and fees for each operating component are endorsed annually by the council and reviewed quarterly to ensure that the targets are met
- all OSHC staff are appropriately employed and employee entitlements, including superannuation, long service, annual and sick leave are paid on time and/or appropriately provided for
- the budget allows for staff professional development and training
- the service remains viable and that an urgent review is arranged if a deficit occurs.
The financial management page has more information about finances and budgets.
Operational policies and procedures of the service are developed in accordance with departmental policies and Regulation 168 of the Education and Care Services National Regulations.
The school governing council must only request access to the service’s records when necessary to fulfil their responsibilities. Requests for access to records are made to the OSHC director.
The council must:
- keep comprehensive staffing records to meet their legal obligations
- protect the privacy and confidentiality of individuals by ensuring that all records and information about individual children, families, staff and members of the OSHC advisory committee and school governing council are stored in a secure place and are accessed by, or disclosed only to, those people who need the information to fulfil their responsibilities or have a legal right to know
- members are aware schools, must manage, store and dispose financial records, certificates of insurance and other information regarding the operation of the OSHC service in line with the department records management policy and general disposal schedule no. 32.
School governing council must ensure that ongoing professional development and training is provided to ensure the council, advisory committee and OSHC staff members understand and are able to meet their obligations under relevant legislation.
To register for information sessions or for links to training calendars see the OSHC professional development page.
The governing council must ensure that all fixtures, fittings, furniture and equipment necessary to deliver the OSHC service are insured.