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Acting on behalf of an ECS approved provider

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Approved providers may wish to authorise another person/s in their service to act or communicate on their behalf with the Chief Executive of the Department of Education.

Why is an authorisation required?

The Chief Executive cannot disclose information about a service or service application to anyone other than the approved provider or persons with management or control (PMC) for an approved provider, for example, where an approved provider is a company, partnership, eligible association or body corporate, etc.

Read more in section 216 of the Education and Care Services Act 2013 (Qld) (ECS Act) (PDF, 817KB).

Advising the Chief Executive

Written authorisation is required from an approved provider to enable the Chief Executive to communicate with, receive information from, and provide information about a service to a person other than the approved provider.

This written advice should include the:

  • name/s of the authorised person/s
  • applicable education and care services
  • details of the intent or scope.

In providing this authorisation, it is important that approved providers are clear about what matters the authorised person/s may enact on their behalf.

Intent or scope of the authorisation

The approved provider may wish to provide authorisation to enable the authorised person/s to act on their behalf for all matters relating to the operation of the relevant service/s under the ECS Act.

Alternatively, an approved provider may wish to provide authorisation for authorised person/s to act on their behalf in relation to specific matters under the ECS Act such as the:

  • making of and/or responding to all requests for further information by the Chief Executive in relation to a notification
  • making of and/or responding to all requests for further information by the Chief Executive in relation to an application
  • making of and/or responding to the regulatory authority with respect to issues relating to the approved provider's non-compliance.

For example, "Authority is given to [insert name of person/s to act on behalf of the approved provider] for: 

  • execution on behalf of the approved provider of all applications/application number [insert number], under the ECS Act (including but not limited to applications for a service approval,
  • amendment to service approval, transfers, voluntary suspensions, service waivers, and cancellation of prohibition notices etc)
  • responding to all requests for further information by the Chief Executive in relation to any applications/application number [insert number] made under the ECS Act". 

Email written advice of an authorisation to the Chief Executive at ecis@qed.qld.gov.au.

Responsibilities of an approved provider

Despite authorising a person/s to act on their behalf, an approved provider remains ultimately responsible under the ECS Act for any obligations arising from the duly authorised actions of its authorised representative(s).

Approved providers are encouraged to seek their own legal advice regarding their legal responsibilities.

Help and support

If you have questions about provider and service approvals, please contact your local regional office or phone the Regulation, Assessment and Service Quality team on (07) 3328 6780.

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Last updated 08 January 2019