Quarter 3, 2021 (July to September)
The Regulatory Authority investigates and responds to non-compliance when it receives intelligence (including through notifications, complaints or service visits) about possible breaches of the legislation.
Compliance
In any large industry, there are instances of non-compliance. Breaches of the National Law and National Regulations are often minor or technical in nature and most approved providers are willing and able to work with the Regulatory Authority to address non-compliance when identified.
In Queensland, there is a high degree of service compliance. When non-compliance occurs, the Regulatory Authority takes prompt and proportionate action to ensure children’s health, safety and wellbeing is maintained.
Compliance actions taken
The table below shows the number of statutory compliance actions and caution letters issued by the Regulatory Authority in quarter 3, 2021. Figures are provided for earlier quarters for comparison.
| Caution letter issued | 306 | 272 | 250 | +22.4% |
|---|
| Compliance notice issued | 98 | 117 | 85 | +15.3% |
|---|
| Compliance direction issued | 31 | 23 | 36 | -13.9% |
|---|
| Emergency action notice issued | 24 | 29 | 16 | +50.0% |
|---|
| Approval cancelled | 1 | 0 | 1 | 0.0%
|
|---|
| Condition imposed | 1 | 0 | 1 | 0.0% |
|---|
| Inappropriate person excluded | 0 | 0 | 8 | -100.0% |
|---|
| Show cause | 0 | 3 | 4 | -100.0% |
|---|
| Enforceable undertaking issued | 0 | 3 | 1 | -100.0% |
|---|
| Prohibition notice issued | 0 | 2 | 1 | -100.% |
|---|
| Approval amended | 0 | 0 | 0 | N/A |
|---|
| Prosecution initiated | 0 | 0 | 1 | -100.0% |
|---|
Top 5 breaches of the National Law
The table below shows the top 5 most common breaches of the National Law in Queensland in quarter 3, 2021. The top 5 breaches in earlier quarters are listed for comparison.
| National Law breach | Number of breaches |
|---|
| s165 Offence to inadequately supervise children | 96 |
| s167 Offence relating to protection of children from harm and hazards | 45 |
| s174 Offence to fail to notify certain information to Regulatory Authority | 40 |
| s172 Offence to fail to display prescribed information | 35
|
| s166 Offence to use inappropriate discipline | 31 |
| National Law breach | Number of breaches
|
|---|
| s165 Offence to inadequately supervise children | 86 |
| s167 Offence relating to protection of children from harm and hazards | 42
|
| s172 Offence to fail to display prescribed information | 38 |
| s166 Offence to use inappropriate discipline | 32 |
| s174 Offence to fail to notify certain information to Regulatory Authority | 30 |
| National Law breach | Number of breaches |
|---|
| s165 Offence to inadequately supervise children | 72
|
| s167 Offence relating to protection of children from harm and hazards | 37 |
| s174 Offence to fail to notify certain information to Regulatory Authority | 35 |
| s172 Offence to fail to display prescribed information | 24 |
| s169 Offence relating to staffing arrangements | 18 |
Top 5 breaches of the National Regulations
The table below shows the top 5 most common breaches of the National Regulations in Queensland in quarter 3, 2021. The top 5 breaches in earlier quarters are listed for comparison.
| National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 123 |
| r97 Emergency and evacuation procedures | 52 |
| r170 Policies and procedures to be followed | 44 |
| r160 Child enrolment records to be kept by approved provider and family day care educator | 37 |
| r104 Fencing | 26 |
| National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 164 |
| r97 Emergency and evacuation procedures | 89 |
| r170 Policies and procedures to be followed | 47 |
| r160 Child enrolment records to be kept by approved provider and family day care educator | 43
|
| r102 Authorisation for excursions | 28 |
| National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 128 |
| r97 Emergency and evacuation procedures | 68
|
| r170 Policies and procedures to be followed | 50
|
| r177 Prescribed enrolment and other documents to be kept by approved provider | 28 |
| r104 Fencing | 20 |
National Law and National Regulations breach
Top 5 breaches of the National Law and National Regulations last quarter (quarter 3, 2021) by service type
The information below shows the top 5 most common breaches of the National Law and National Regulations in Queensland in Q3 2021 by NQF service type.
National Law and National Regulations breach
| Number of breaches |
|---|
r103 Premises, furniture and equipment to be safe, clean and in good repair
| 97
|
| s165 Offence to inadequately supervise children | 67
|
| s167 Offence relating to protection of children from harm and hazards | 35
|
| r170 Policies and procedures to be followed | 34
|
r97 Emergency and evacuation procedures
| 33
|
| National Law and National Regulations breach | Number of breaches |
|---|
s165 Offence to inadequately supervise children – 23 breaches
| 86 |
| r97 Emergency and evacuation procedures | 12
|
| s172 Offence to fail to display prescribed information | 12
|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 11
|
r99 Children leaving the education and care service premises
| 9
|
| National Law and National Regulations breach | Number of breaches |
|---|
r103 Premises, furniture and equipment to be safe, clean and in good repair
| 13
|
| r104 Fencing | 5
|
| s165 Offence to inadequately supervise children | 5
|
| r97 Emergency and evacuation procedures | 5
|
| s174 Offence to fail to notify certain information to Regulatory Authority | 3
|
National Law and National Regulations breach
| Number of breaches |
|---|
r160 Child enrolment records to be kept by approved provider and family day care educator
| 3
|
| r104 Fencing | 3
|
| r97 Emergency and evacuation procedures | 2
|
s167 Offence relating to protection of children from harm and hazards
| 2
|
r70 Policies and procedures to be followed
| 2
|