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Compliance, monitoring and enforcement

Applies to services captured under the National Quality Framework

As the regulatory authority, the department is responsible for monitoring the operation of early childhood education and care services in Queensland to ensure they meet the requirements of the National Law (applies to most long day care, kindergarten, outside school hours care, family day care and kindergarten​​ services).

The department's compliance, monitoring and enforcement policies are guided by Part 7 of the National Law and Chapter 5 of the National Regulations.

The department's regulatory framework is outlined in the Complaints management and monitoring compliance procedure under the Education and Care Services National Law procedure.

The department may take regulatory action against services which are not compliant with the Education and Care Services National Law (National Law) and the Education and Care Services National Regulations (National Regulations).

The Early Childhood and Community Engagement Division Enforcement Policy (DOC, 1MB) outlines the matters considered by the department when determining the appropriate regulatory response.

There is a range of regulatory responses available under the National Law to use to address non-compliance, such as compliance notices, compliance directions, emergency action notices, prohibition and suspension or cancellation of approvals. The Guide to the National Quality Framework is designed to help education and care providers, educators and authorised officers understand and apply the requirements of the National Quality Framework (NQF).

Record of service compliance

All education and care services approved under the National Law are required to keep a record of their compliance which is available from the service, to any person on request.

This record must contain details of:

  • any compliance direction or compliance notice issued to the approved provider of the service
  • any suspension of their service approval
  • any amendment to their service approval made by the department.

This record must be kept:

  • at the premises of the education and care service (other than a family day care)
  • at an office for the family day care service.

This record must be made available to any person upon request.

Published enforcement actions

If a service fails to provide quality education and care, endangering children’s health, safety and wellbeing, the regulatory authority may take enforcement action.

Some compliance actions are publishable.  To view the list of published compliance actions, please view the Published enforcement and compliance actions.

Need more information?

Contact your regional​ office​.

Licence
Creative Commons Attribution 3.0 Australia (CC BY 3.0) (https://creativecommons.org/licenses/by/3.0/au/ )
Last updated
22 October 2018
UA-4726377-44 found