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Notify the regulatory authority

​​​​Approved services have an obligation under the National Law to notify the department of certain incidents, complaints and changes to information.

This Notification Decision Tree (NDT) will help in deciding whether a notification is required and the timeframe in which that notification should be made.

If a notification is needed, you will be directed to the National Quality Agenda IT System to sign on and lodge the correct online form. Please include as much detail as possible, so we can quickly and accurately assess what (if any) action needs to be taken as a result of your notification.

If you make a notification that is not required under the law, it will be re-categorised as 'non-regulatory' and no further action will be taken. You will receive an email from your regional office explaining why it was considered non-regulatory.

Please note that information contained in the NDT is for general guidance only and you must consider the specific circumstances of each incident against the requirements of the legislation when you are making a decision about whether to notify.

Approved providers, educators and services may be required to report incidents or suspected incidents involving children under other State and Territory laws including child protection legislation.

It is the Approved Providers responsibility to understand their obligations and operate according to the law.

This notification is about: An incident

Have any of these incidents happened?

This notification is about: A complaint

Have any of these complaints been made?

This notification is about: An Approved Provider

What's changed about the provider?

This notification is about: An approved service

What's changed about the service?

This notification is about: Additional children at a service

Is the service providing education and care for additional children?

Is the service a centre-based service?

Educator-to-child ratio requirements do not include a child who is, or 2 or more children from the same family who are, educated and cared for at a centre-based service in an emergency for a period of not more than 2 consecutive days on which the service operates.

Is an additional child or children being provided education and care at the service in an emergency?

Regulation 123(5) provides examples of when additional children from the same family may be provided education and care at a centre-based service in an emergency for not more than two consecutive days on which the service operates.

Emergency, in relation to a child, means a serious and unexpected short term care emergency that requires the child to be provided with immediate education and care.

Examples:

A child is determined to be in need of protection under a child protection order.

The parent of a child needs urgent health care that prevents them caring for the child.

Is an additional child or children (above the maximum allowed) attending a family day care residence or venue in exceptional circumstances?

Under Regulation 124(5) the Approved Provider of a family day care service may approve, in writing, a family day care educator to educate and care for more than 7 children, or more than 4 children who are preschool age or under, at any one time, in exceptional circumstances.

Regulation 124(6) sets out that exceptional circumstances exist where - all the children being educated and cared for by the family day care educator are siblings in the same family, or a child to be educated and cared for is determined to be in need of protection under child protection law and the family day care educator is determined to be the best person to educate and care for the child, or the family day care residence or approved family day care venue is in a rural or remote area and no alternative education and care service is available.

Section 174(2) of the National Law and Regulation 175(2) of the National Regulations applies.

Notify the Regulatory Authority within 24 hours of becoming aware of the attendance of an additional child or children.

Section 174(2) An Approved Provider must notify the Regulatory Authority of the following information in relation to the Approved Provider or each approved education and care service operated by the Approved Provider - information in respect of any other prescribed matters.

Regulation 175(2) prescribes the information that must be notified to the Regulatory Authority in relation to the attendance of additional children from the same family in an emergency including - a description of the emergency and a statement by the Approved Provider that the Approved Provider has taken into account the safety, health and well-being of all the children attending the education and care service when deciding to provide education and care to the additional child or children.

Next steps

  1. Login to the National Quality Agenda IT System
  2. Complete I01 Notification Incident Form and provide any required attachments.

If a service is providing education and care to an additional child or children and it is not an emergency then the approved service is not compliant with the National Law.

The Approved Provider must give written permission to the family day care educator and ensure all children being educated and cared for by the family day care educator are adequately supervised at all times.

If a service is providing education and care to an additional child or children and there are no exceptional circumstances, then the approved service is not compliant with the National Law.

No notification is required.

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