Legal/Ethical Framework Overview of the Legal System:

Legal/Ethical Framework

Overview of the legal system:

In Australia, each state is responsible for legislation under which child care services are licensed. Licensing provides a legal "floor" below which no service is permitted to operate, according to CCQA. These include structural factors related to space, range of equipment, number and ages of children, staff-to-child ratio, and qualifications of staff. All of these factors are what contribute to quality.

Legislative Basis: A child care center is defined in Section 3 of the Children's Services Act 1985 as "any place or premises in which more than 4 young children are, for monetary or other consideration, cared for on a non-residential basis apart from their guardians." Therefore, a child care license is necessary in order to operate under the requirements of the Children's Services (Child Care Center) Regulations 1988.

Other related laws to be observed:

United Nations Convention on the Rights of the Child (1991).

Disability Discrimination Act (1992).

Privacy Act (1988)

Racial Discrimination Act (1975)

Sex Discrimination Act (1984)

Importance of ethics in practice:

When it comes to ethics in relation to children, the child care worker must always act in the best interest of all children and respect their rights. Children must always be recognized as active citizens in the community (including family, schools, etc.). It is up to the workers in the center to always make sure that the environment is safe and healthy and that it is a place that encourages development and learning. It should also be a place where their dignity is maintained and self-worth is emphasized. Children with additional or special needs should always have the opportunity to exercise their rights. The child care worker must make sure that there is not a single child being discriminated against, whether on the basis of gender, age, ability, religion, ethnicity, culture, language, economic status, family structure, or national origin. A child's right to play must always be nurtured as a process and a context for learning.

Strategies for addressing common ethical issues:

Child care professionals must note that they are responsible for children while they are in their care, but their ethical duty goes beyond that. Parents rely on child care workers to mentor and support children as they develop and help them ensure that they are raising children who will be good and productive citizens in the outside community.

How to work within legal and ethical frameworks:

Children learn through example and thus being a good role model is vital as a child care professional. The legal term duty of care refers to the obligation that anyone who works with children, in whatever areas of service and role, is to keep the children safe. Duty of care has major implications for the organization and operation of services. Duty of care must be looked at how it applies to child care and a much broader context as well. Trained caretakers of children are seen as experts, legally speaking, though this also depends upon their level of training and qualifications. However, children and their parents rely on caretakers to care for their children appropriately and always while in their care.