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Compliance and enforcement data

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​​​​​​​​​​​​​​​​​​​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.


Com​plianc​e

​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.


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Compliance acti​​o​​​ns 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.

​Compliance action ty​pe​This quarter (Q3, 2021)​Previous quarter (Q2, 2021)​Same quarter last year (Q3, 2020)​% change on sa​me quarter last year
​Caution letter issued​306​​272​250​+22.4%
​Compliance notice issued98​​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​021​-100.%
​Approval amended​0​0​0​N/A
​Prosecution initiated0​0​1​-100.0%
​Total 461​ ​449 ​404 ​+14.1%

Top 5 breaches of th​​e 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.​​

​Top 5 breac​hes this quarter ​(Q3, 2021)
​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 di​splay prescribed information​35​
s166 Offence to use inappropriate discipline​31​​
​Top 5 breac​hes previous quarter ​(Q2​, 2021)
​National Law breach​​Number of breaches
​s165 Offence to inadequately supervise children86
s167 Offence relating to protection of children from harm and hazards​​42
s172 Offence to fail to display prescribed information38​
s166 Offence to use inappropriate discipline32​
s174 Offence to fail to notify certain information to Regulatory Authority​30​​​
​Top 5 breac​hes same quarter last year ​(Q3​, 2020)
​National Law breach​​Number of breaches
​s165 Offence to inadequately supervise children72
s167 Offence relating to protection of children from harm and hazards​37
s174 Offence to fail to notify certain information to Regulatory Authority35​​
s172 Offence to fail to display prescribed information24​
s169 Offence relating to staffing arrangements​18​​​​

​​Top 5 ​​​breaches of the National Reg​ulations

​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.

​Top 5 breac​hes this quarter ​(Q3, 2021)
​National Regulations breach​​Number of breaches
r103 Premises, furniture and equipment to be safe, clean and in good repair123
r97 Emergency and evacuation procedures52​
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 Fencing26​​​
​Top 5 breac​hes previous quarter ​(Q2​, 2021)
​National Regulations breach​​Number of breaches
​r103 Premises, furniture and equipment to be safe, clean and in good repair164
r97 Emergency and evacuation procedures​89
r170 Policies and procedures to be followed47
r160 Child enrolment records to be kept by approved provider and family day care educator43
r102 Authorisation for excursions​28​
​Top 5 breac​hes same quarter last year ​(Q3​, 2020)
​National Regulations breach​​Number of breaches
r103 Premises, furniture and equipment to be safe, clean and in good repair128
r97 Emergency and evacuation procedures68
r170 Policies and procedures to be followed50
r177 Prescribed enrolment and other documents to be kept by approved provider28​
r104 Fencing​20​​​​

National Law and National Regulations breach

Top 5 breaches of the National Law and National Regulations last quarter (q​uarter 3, 2021) by se​​​rvice 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.​

Long day care
​​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 hazards35
r170 Policies and procedures to be followed34
r97 Emergency and evacuation procedures
33
Outside school hours care
​National Law and National Regulations breach​​Number of breaches
s165 Offence to inadequately supervise children​ – 23 breaches
86
r97 Emergency and evacuation procedures12
s172 Offence to fail to display prescribed information12
r103 Premises, furniture and equipment to be safe, clean and in good repair11
r99 Children leaving the education and care service premises
9
Kindergarten
​National Law and National Regulations breach​​Number of breaches
​r103 Premises, furniture and equipment to be safe, clean and in good repair
13
r104 Fencing5
s165 Offence to inadequately supervise children5​​
r97 Emergency and evacuation procedures5
s174 Offence to fail to notify certain information to Regulatory Authority
3
Family day care
National Law and National Regulations breach​
​​Number of breache​s
r160 Child enrolment records to be kept by approved provider and family day care educator
3
r104 Fencing3
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​​

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Last updated 09 November 2021