Early childhood education and care providers have specific legal obligations. These obligations are completed by certain people. We call these people ‘persons with management or control of the provider’. They are also called ‘persons with management or control’ or simply ‘PMOC’.
On this page:
What is a person with management or control?
PMOCs take part in the decision-making or management of the provider. They:
- make executive or legal decisions on behalf of the provider
- are a member of the group that makes executive or legal decisions on behalf of the provider
- have authority, responsibility, or significant influence over planning, directing or controlling the provider
- be in charge of the day-to-day operations of the provider
- be in charge of the day-to-day operations of a service.
The provider is the legal entity.
Who is a person with management or control?
Broadly, PMOCs can be:
- executive officers
- board members
- company office holders
- partners in a partnership
- members of the body corporate
- partners or members of the organisation's governing body
- service directors
- service managers
- authorised supervisors
- people from external management agencies
- people in management positions
- Anyone listed as a ‘responsible person’ on behalf of a registered charity.
Any person who performs these roles for a provider is automatically considered a PMOC. You cannot choose to omit someone as a PMOC if they perform these roles.
They can be different for each organisation type. Check this table for PMOCs in different organisation types.
What is a person responsible for the day-to-day operation of a service?
Providers must also identify persons responsible for the day-to-day operation of a service. We call these people ‘persons responsible at the service’. They are nominated by a PMOC.
Who is a person responsible for the day-to-day operation of a service?
They work in the service, taking part in the decision-making and daily operations at the service. They are commonly managers, directors or coordinators.
Broadly, persons responsible at the service can be:
- service directors
- service managers
Persons responsible at the service can be from external management agencies.
A person responsible at the service has similar obligations to a PMOC, but at the service level. Check this table for the range of obligations and tasks a person responsible at the service must complete.
What are their obligations?
All approved providers must have their PMOCs identified in the Child Care Subsidy System (CCSS).
Each PMOC must:
- have an individual PRODA account
- be linked to the provider in CCSS
- keep their information up to date and correct in CCSS
- notify the department when they join or leave an approved provider or service
- be considered fit and proper by us
- have all necessary background checks
- provide evidence of background checks to the department when asked.
Additionally, PMOCs have a range of obligations and tasks they must perform. Check this table for the range of obligations and tasks a PMOC must complete.
Why are these obligations necessary?
Approved providers receive significant amounts of public money in the form of CCS payments.
We have a responsibility to ensure early childhood education and care is delivered correctly, by responsible and law-abiding people.
Also, if PMOC information is not correct in the CCSS:
- we cannot contact you
- we cannot communicate essential information to you
- families may not get their CCS payments.
Can the role of PMOC be delegated?
Some providers have formal delegations. They establish these through:
- governance rules
- constitutions, or
- acts of parliament.
Example: A regional manager for a large provider. While the directors of the company are taken to be PMOCs, the regional manager is also a PMOC. This is because they make executive decisions of behalf of the provider.
Example: A general manager in charge of the community services branch of a local council. This person is a PMOC because they make decisions about the child care service without approval from a higher authority. Some of the general manager’s responsibilities – like decisions about major spending – are delegated to subordinate officers. These officers are also considered PMOCs.
What is a service contact?
Some PMOCs choose to nominate a service contact. The service contact is authorised to communicate with us on administrative matters, like:
- service payments
- family payments.
- may only communicate with us on matters relating to the service for which they are the contact
- must be registered in PRODA so that they can be linked to their service in the CCSS.
It’s not mandatory to have a service contact.