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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​

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

Read more about the department’s risk-based approach to regulating early childhood services captured under the ECS Act.

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 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 and family day care services.

Compliance and enforcement policies are guided by Part 7 of the National Law and Chapter 5 of the National Regulations.

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).

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

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

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 27 February 2019