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Facilities and buildings

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This page provides information for services captured under the National Law and the Education and Care Services Act 2013.

Services captured under National Law

The department is supporting eligible service providers captured under the National Law who are having difficulty meeting certain operational requirements, for example physical environment and staffing, by granting waivers.

What can I seek a waiver for?

  • Regulation 41 (service waivers) and regulation 44 (temporary waivers) specify the National Quality Standard elements or regulatory requirements for which a waiver can be sought.
  • Waivers will only be granted where there is no risk to children's health, safety and wellbeing.
  • Approved providers must give strong evidence of their safety measures to eliminate risk of exposure to the hazard (e.g. less outdoor space) and to protect the health, safety and wellbeing of children, for the application to be considered.

Learn more about the waivers list (PDF, 90KB)​ of elements and regulatory requirements for which you can seek a waiver

What can't I seek a waiver for?

  • Regulatory requirements or elements of the National Quality Standard other than those identified under regulation 41 or regulation 44.
  • Certified or nominated supervisors.
  • Requirements under the Building Code of Australia or the Queensland Development Code (e.g. the number of toilets required at the service).

Contact your regional​ office​ if you are experiencing difficulties in meeting requirements under the National Law outlined in the above section.

How does a waiver work?

A service with a waiver is taken to comply (service waiver; s93) or is not required to comply (temporary waiver; s100) with the regulatory provision or element of the National Quality Standard specified in the waiver, on an ongoing or temporary (up to 12 months) basis.

Types of waivers

  • a service waiver, where an issue is likely to be ongoing; or
  • a temporary waiver, where the issue can be addressed within 12 months. Temporary waivers may be extended on application.

How to apply for a waiver

Submit a waiver application via the National Quality Agen​da IT System (NQA IT System). 

For further information regarding applying for a waiver, including application requirements, visit ACECQA Applying for a waiver.

How long does it take to process a waiver application?

The department has up to 60 days to grant a service waiver (s91) and temporary waiver (s98). This means approved providers should submit a completed application at least 60 days before they need a decision.

The department can fast track the processing of an application where the matter is outside the approved provider's control or in extenuating circumstances (e.g. natural disasters such as flooding).

Contact your regional office if you need your application fast-tracked or assistance in completing your waiver application.

Services under the Education and Care Services Act 2013

If your service is regulated under the Educatio​​n and Care Services Act 2013 and is temporarily closed or not operating to full capacity after severe storms and floods, contact your region​al office for help in reopening and providing safe and compliant education and care.

Emergency closed facilities

For information on closed Early Childhood Education and Care facilities during a disaster or emergency event, visit the Department of Education closures w​ebsite.​

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Last updated 08 January 2019