Legal Obligations.

As the carers work in an unregulated field there is no official award rate of pay or conditions set by any government for childcare workers working in private homes regarding pay or qualifications. However the Queensland government is working on an official award wage for nannies. We will keep you informed.

There is an award rate for childcare workers working in Childcare centres which includes these award rates of pay and conditions. They can vary depending on qualifications and experience. See below for current rates.

$13.7113 to $25.3607 per hour casual rates
$11.1474 to $20.6171 per hour part-time
$423.60 to $783.50per week for 40 hours


They are also entitled to 8 full days of sick pay per annum, 4 weeks annual pay + 9% super paid on top of their wage.

You can use these rates as a guide to calculate a wage for the child carer, including entitlements. Or you can call wage line on 1300 369 945 or www.detir.qld.gov.au/wageline

Child carers are an important part of your family. If they are valued for their contribution to your children’s lives then they should be paid accordingly. This includes superannuation, annual leave and sick pay. A valued employee who is treated with respect and paid a reasonable wage is more likely to be a long term employee, which reduces disruption to your household and the need for training new staff.

Worker’s Compensation

Under Queensland law you are required to pay workers compensation insurance. The carer is classed as a worker because you have the right to:

-Suspend, dismiss or discipline the worker
-You say how you will like the job to be done
-You say when you require the work to be done
-The place where the work is to be done
-The designation of the actual work

Also the carers will be using your tools, equipment or your facilities you could be classed as a employer.

The insurance cover for the carers comes under Household Workers Insurance, available through Workcover Queensland. The cost is approximately $25 for a two-year period. However if you run an office from home then the cover will come under your worker cover insurance. For more information you can contact workcover Queensland on 130 362 128 or www.workcover.qld.gov.au.

Every family should be covered for this, even for occasional care. Accidents can happen. If you are not covered and a carer makes a claim you could be liable for the costs associated with that claim + 50% of the claim/s costs and penalty.

Tax

What a horrible word. But every one has to pay it and, yes child carers have to pay it also.

Your carer is an employee and you are the employer. As an employer you are obligated to take tax out of her pay just like all other employers have to do with their employees (P.A.Y.G.). The ATO (Australian Tax Office) classifies a carer as an employee as he/she is an individual who receives payment in the form of a salary or wage in return for labour or service. You are also an employer if you employ workers under contract verbal or written on a full-time, part-time or casual basis which is wholly or principally for labour or if you have some control over your employees or if you are responsible for the payment of wage or salary. And if you have the power to dismiss or hire employees.

The practice of paying cash under the table is illegal. Not only that, it is also unfair to the carers. If he/she requires a loan for a new car, house or for investment purposes, then he/she will need proof of earnings using a payment summary (Group Certificate). Also if your carer is in a car accident and won’t be able to work again, they will have no recourse to lost of earnings or future lost of earnings.

Carers are not independent workers. To be self-employed or independent a carer would have to work the hours he/she wants, leave when she wants, state how much she earns, supply the equipment, and the carer will decide what to do with your children. The carer will also have the power to freely hire other people to perform the work when she wants. Nannies/child carers do not work like this and therefore are classified as employees.

A good child care worker will work the hours you require, leave when you require, the carer comes to you and you decide what the carer will do with your children.

You will still be obligated to take tax out of a carers pay if she earns more than $114 per week* (excluding agency fees) even for the occasional babysit, live-in, live-out or temporary positions.

You will not be required to take any tax or pay workers compensation insurance if you require a tax invoice and pay Care for Kidz direct.

For more information about your tax obligations you can contact the ATO on 13 24 78 or www.ato.gov.au or www.taxreform.ato.gov.au or speak to your accountant.

*Only applies if you are the sole employer contact the ATO for more information or speak to your accountant.

Superannuation

Superannuation is compulsory for all employers. The amount is 9% of the gross wage. This also includes nannies and child care workers. The amount is only to be paid if the household employee works more than 30 hours per week.

Care for Kidz provides your children with the very best care available. In order to achieve this, the employer will need to obey by all legal obligations as experienced and qualified carers would expect. Good nannies/child carers are scarce. If they receive the benefits to which they are entitled it is more likely they will remain in your employ for the long term which will benefit you and the children.

For more information about superannuation you can contact the ATO on 13 10 20 or www.ato.gov.au or speak to your accountant.

Working with young children check

There is a new law & commission in Queensland and its called Commission for Children and Young People Act 2000.

This new law ensures the suitability of people who are seeking employment in any industry that works with children are suitable and it is called "the working with children check"

A carer who seeks employment as a nanny falls within the category of regulated employment under counselling and support services. As the employee (nanny/babysitter) is physically present with the child while no one else is present.

Any person who wonts to work as a nanny will have to fill out a consent form for a criminal history check prior to his or her engagement.

The criminal history check looks at the charges and convictions for offences no matter when they occurred.

This is to ascertain if the nanny (employee) is suitable. If they are suitable a card similar to a credit card will be sent to the employee. This card will be valid for 2 years only and will have to be renewed before the expire date.

Any parent who has engaged a nanny on a permanent basis from 1 May 2001 will have to apply to the commission for "the working with children check" for their nanny. The cost of this check will be approximately $40

If you have employed a nanny after the 1 May 2001 and the carer does not have a suitable card must apply for one immediately. It is an offence under the act if you continue to employ the carer without a suitability card. Penalties and/or imprisonment may apply if you don't. Police clearance checks are not suitable as the commission must screen the carer.

All casual babysitters who work as babysitters on our books have "the working with children check" and all have suitability cards.

For more information about the working with Young Children Check please phone the commission on 1800 113 611 or www.childcomm.qld.gov.au

Motor Vehicle Insurance

CTP

Compulsory third party insurance is paid when you pay your car registration. This insurance covers you and passengers for injuries sustained in a motor vehicle accident. It is not usually paid for injuries sustained by the driver at fault. Passengers are covered, but they are only covered if the car is registered and the driver at fault, car is registered. If a carer or child/children have been injured in a car accident during employment then please seek professional advice from your lawyer.

Comprehensive Insurance

If your carer will be driving your car during employment you may need to add him/her to your insurance policy. In the case of an accident you might not be covered even if it’s not your fault. Please check with your insurance company, broker or agent about your policy before you let any carer driver your car, especially if the carer is under 25 years of age.