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Compliance and enforcement

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This page provides information for services captured under the National Quality Framework (NQF) and the Education and Care Services Act 2013 (ECS Act).

Compliance and enforcement for ECS Act services​

The department is responsible for monitoring early childhoo​d education and care services captured under the Education and Care Ser​vices Act 2013 (ECS Act).​

Enforcement action may be taken against services that are not compliant with the ECS Act and the Education and Care Services Regulation ​2013​

There is a range of regulatory responses available under the ECS Act to address non-compliance, such as compliance notices, compliance directions, emergency action notices, prohibition notices and s​uspension or cancellation of approvals.

Record of service compliance

All education and care services approved under the ECS Act are required to keep a record of their compliance.

This record must contain details of any:

  • compliance direction or compliance notice issued to the approved provider of the service
  • suspension of service approval (other than voluntary)
  • amendment to service approval made by the department.

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

Compliance and enforcement for NQF services

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, which applies to most long day care, kindergarten, outside school hours care services and family day care.

Compliance 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.

Regulatory action may be taken against services that are not compliant with the Education and Care Services National Law (Queensland) (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 (NQF) is designed to help education and care providers, educators and authorised officers understand and apply the requirements of the NQF. 

Record of service compliance

All education and care services approved under the National Law are required to keep a record of their compliance, 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
  • suspension of service approval (other than voluntary)
  • amendment to 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)
  • in an office for the family day care service.

Publication of enforcement action

 Details of enforcement and compliance action taken by the department may be published.

 Help and support

For assistance with compliance and enforcement actions please contact your regional office​

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Last updated 24 December 2018