Key Updates for People in Management or Control (PMC) in Centre-Based Services from 1st July 2023.
Effective from July 1, 2023, there are updates regarding People in Management or Control (PMC) for centre-based services. The definition of a PMC has been expanded to allow regulatory authorities to assess the suitability of individuals who hold significant influence, responsibility, or authority over the delivery of services provided by an Approved Provider.
Here are the key changes:
- Definition of Persons with Management or Control (PMC):
The definition of a person with management or control of a service will change. PMCs are individuals, whether internal or external to the approved provider, who are responsible for managing the delivery of the provider’s service(s) or have significant influence over the service’s activities or delivery. PMCs now share the same legal responsibility as approved providers for the safety, health, and wellbeing of children in their care.
- Who can be a PMC:
A PMC can be an officer of a body corporate, each member of the management committee of an association, each partner of a partnership, or a person in a management position within the business who holds authority, responsibility, or significant influence over decisions affecting the delivery of children’s education and care (e.g., a state/territory or area manager).
- Who is not a PMC:
Individuals holding positions such as nominated supervisor, person in day-to-day charge of a service, or other operational management roles (e.g., a center manager) do not meet the PMC definition solely based on these roles.
- Dual Role as PMC and Nominated Supervisor (NS):
It is possible for an individual to hold both PMC and NS roles if they actively participate in executive or financial decision-making, or have authority, responsibility, or significant influence over the planning, direction, or control of the service’s activities or delivery of education and care.
- Excluded State – Western Australia:
In Western Australia, if an approved provider operates services in WA but holds provider approval in another Australian state or territory, the expanded PMC definition will apply to PMCs of the services operated in WA from July 1, 2023. Providers intending to operate in WA should contact the WA regulatory authority for further guidance.
- Notification Requirement:
Approved Providers must notify the regulatory authority within 14 days of appointing or removing a PMC, or within 14 days of becoming aware of such an event. This notification should be made in accordance with Section 173 of the National Law and Section 174 of the National Regulations.
Resource:
Note, this is a summary of the changes to a PMC. Anila Recruitment encourages that for more detailed information or specific inquiries, it is advisable to consult the Regulatory Authority.
Link – https://www.acecqa.gov.au/help/contact-your-regulatory-authority