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Compliance and enforcement

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​​The department is responsible for monitoring early childhood education and care services captured under the National Law and the Education and Care Services Act 2013 (ECS Act).

Children’s health, safety and wellbeing are always the department’s first priority.

The vast majority of Queensland early childhood services are safe and compliant, however, when non-compliance is substantiated, the department will take appropriate and proportionate action to bring the service back into compliance.

Families can ask to view a service’s compliance record​ at any time.

Mo​​nitoring

Authorised officers from the department regularly visit services to assess their compliance with regulatory requirements.

Visits may be announced or unannounced and may consider a range of compliance requirements or target a particular area of concern or risk.

In the 2020–21 financial year, authorised officers completed 5,099 visits to Queensland early childhood services.

Com​pliance

Regulatory action may be taken against services that are not compliant with the:

  • Education and Care Services National Law (Queensland) (National Law)
  • Education and Care Services National Regulations (National Regulations)
  • Education and Care Services Act 2013 (ECS Act)
  • Education and Care Services Regulation 2013.

Regulatory responses to non-compliance directly relate to the level of risk to children’s health, safety and wellbeing, and range from verbal advice and guidance to suspending or closing a service, or prosecuting an approved provider.

In the 2020–21 financial year, the department issued the following ​compliance actions:

  • 976 caution letters
  • 416 compliance notices
  • 125 compliance directions
  • 9 show cause
  • 8 inappropriate person exclusions
  • 7 enforceable undertakings
  • 5 prohibitions
  • 3 added to monitoring plans
  • 2 service approvals amended
  • 1 provider approval cancelled
  • 1 prosecution initiated

Read more about the department’s risk-based approach to regulating Queensland early childhood services.

Compliance record

All education and care services approved under the National Law and 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 by voluntary application)
  • amendment to service approval made by the department.

Families can ask to view a service’s compliance record at any time. The record must be made available to any person upon request.

For services approved under the National Law, 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 enforce​ment action

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

Help a​nd support

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



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Last updated 01 September 2021