As part of determining an approved provider applicant's fitness and propriety, the Regulatory Authority may assess management capability.
Note: This differs from management capability assessed at the service approval application stage.
At that stage the Regulatory Authority assesses applicants on their capability to manage that specific service in relation to matters such as policies and procedures, physical environment, location, staffing arrangements, and number and ages of children.
The Regulatory Authority will assess whether an approved provider applicant has general management capability (as indicated on the PAO2 form) and any supporting evidence.
Applicants must provide supporting evidence such as a:
- resume or part of a resume
- written reference
Evidence of general management capability can include previous expertise, experience or a qualification/s in a leadership, governance, administrative or management role in a:
- not-for-profit organisation
- sporting or social club
- community-based committee.
This may include experience as a volunteer.
If the service is a member of a central governing body (CGB), evidence can include a statement from the CGB outlining the support it will provide.
If an applicant intends to engage a management company to run the proposed education and care service, they must provide evidence of the support and management arrangements, for example, a copy of the contract.
The Regulatory Authority will treat all information given as evidence as confidential.
Person with management or control
A person may have 'day-to-day charge' of a service (such as a centre manager or nominated supervisor) but may not be a person with management or control. A person with management or control is someone:
- who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the entity, or
- who has the capacity to affect significantly the entity's financial standing.
Where an applicant is an entity (such as a corporation, eligible association or partnership), a person with management or control is someone who is responsible for managing the delivery of the service.
Depending on the business structure of the provider or intended provider, a person with management or control could be:
- an officer of a body corporate
- a member of the association's executive committee
- a partner in a partnership arrangement
- a person who has the responsibility, alone or with others, for managing service delivery.
Changes to persons with management or control
Approved providers must notify the Regulatory Authority about the removal or appointment of any new members of their governing bodies or committees.
For example, in the case of associations (such as incorporated, unincorporated, and parents and citizens), this includes new members of the executive or management committee.
The various types of associations may use different terminology for their executive/management committee members but generally position titles (such as president, treasurer, secretary, vice-president) are similar.
Office holders in associations must be familiar with the relevant legislation that applies to their particular governance structure (for example, the
Associations Incorporation Act 1981 (Qld) or
Education (General Provisions) Act 2006 (Qld)) and know their association's particular rules or constitution in relation to officeholder positions.
The Regulatory Authority must assess the fitness and propriety of any new persons with management or control.
Details of who is recorded as a person with management or control of an organisation are available on the
National Quality Agenda IT System (NQA ITS).
Approved providers must notify the Regulatory Authority of any change relevant to whether the approved provider is a fit and proper person to be involved in the provision of an education and care service. Read more about
notification of changes to approved provider including required timeframes.
Read the relevant legislation on management capability requirements:
Education and Care Services National Law
- Section 12 – Applicant must be fit and proper person
- Section 13 – Matters to be taken into account in assessing whether fit and proper person
- Section 21 – Reassessment of fitness and propriety
- Section 173 – Offence to fail to notify certain circumstances to Regulatory Authority
- Section 174 – Offence to fail to notify certain information to Regulatory Authority
Help and support
If you have questions about provider approvals, including fitness and propriety requirements, please email email@example.com.