Quarter 3 (January - March), 2021-22 FY
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, 2021-22 FY. Figures are provided for earlier quarters for comparison.
| Caution letter issued | 248
| 293
| 178
| +39.3% |
|---|
| Compliance notice issued | 73
| 150
| 80
| -8.8% |
|---|
| Compliance direction issued | 19
| 24
| 23
| -17.4% |
|---|
| Emergency action notice issued | 10
| 10
| 6
| +66.7% |
|---|
Prohibition notice issued
| 1
| 1
| 2
| -50.0%
|
|---|
| Condition imposed | 0
| 1
| 0
| No change |
|---|
Enforceable undertaking issued
| 0
| 1
| 1
| -100.0%
|
|---|
Prosecution initiated
| 0
| 0
| 1
|
-100.0%
|
|---|
Show Cause
| 0
| 3
| 2
| -100.0% |
|---|
Total
| 351
| 483
| 293
| +19.8%
|
|---|
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, 2021-22 FY. The top 5 breaches in earlier quarters are listed for comparison.
| National Law breach | Number of breaches |
|---|
| s165 Offence to inadequately supervise children | 82
|
| s167 Offence relating to protection of children from harm and hazards | 39
|
|
s174
Offence to fail to notify certain information to Regulatory Authority | 31
|
|
s166 Offence to use inappropriate discipline | 28
|
|
s172 Offence to fail to display prescribed information | 20
|
| National Law breach | Number of breaches
|
|---|
| s165 Offence to inadequately supervise children | 105
|
| s167 Offence relating to protection of children from harm and hazards | 76
|
s172 Offence to fail to display prescribed information
| 41
|
s166 Offence to use inappropriate discipline
| 36
|
s174 Offence to fail to notify certain information to Regulatory Authority
| 30
|
| National Law breach | Number of breaches |
|---|
| s165 Offence to inadequately supervise children | 59
|
| s167 Offence relating to protection of children from harm and hazards | 39
|
| s174 Offence to fail to notify certain information to Regulatory Authority | 24
|
| s172 Offence to fail to display prescribed information | 20
|
|
s169 Offence relating to staffing arrangements | 8
|
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, 2021-22 FY. 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 | 125
|
| r97 Emergency and evacuation procedures | 53
|
| r170 Policies and procedures to be followed | 29
|
| r160 Child enrolment records to be kept by approved provider and family day care educator | 18
|
r104 Fencing
| 16
|
| National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 183
|
| r97 Emergency and evacuation procedures | 80
|
| r170 Policies and procedures to be followed | 63
|
| r160 Child enrolment records to be kept by approved provider and family day care educator | 37
|
r92 Medication record
| 27
|
| National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 127
|
| r97 Emergency and evacuation procedures | 68
|
| r170 Policies and procedures to be followed | 34
|
|
r87 Incident, injury, trauma and illness record | 21 |
r160 Child enrolment records to be kept by approved provider and family day care educator
| 19
|
National Law and National Regulations breach
Top 5 breaches of the National Law and National Regulations last quarter (quarter 3, 2021-22 FY) by NQF service type
The information below shows the top 5 most common breaches* of the National Law and National Regulations in Queensland in Q3 2021-22 FY 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
| 92
|
| s165 Offence to inadequately supervise children | 62
|
| s167 Offence relating to protection of children from harm and hazards | 34
|
r97 Emergency and evacuation procedures
| 34
|
r166 Offence to use inappropriate discipline
| 26
|
| National Law and National Regulations breach | Number of breaches |
|---|
r103 Premises, furniture and equipment to be safe, clean and in good repair
| 18
|
s165 Offence to inadequately supervise children
| 14
|
|
r97 Emergency and evacuation procedures | 14
|
r172 Offence to fail to display prescribed information
| 8
|
r100 Risk assessment to be conducted before excursion
| 7
|
| National Law and National Regulations breach | Number of breaches |
|---|
r103 Premises, furniture and equipment to be safe, clean and in good repair
| 11
|
|
s165 Offence to inadequately supervise children | 5
|
|
r97 Emergency and evacuation procedures | 4
|
r104 Fencing
| 3
|
|
r100 Risk assessment to be conducted before excursion | 2
|
National Law and National Regulations breach
| Number of breaches |
|---|
r103 Premises, furniture and equipment to be safe, clean and in good repair
| 4
|
s167 Offence relating to protection of children from harm and hazards
| 2
|
r175 Offence relating to requirement to keep enrolment and other documents
| 2
|
r165
Offence to inadequately supervise children
| 1
|
r104 Fencing
| 1
|
*In instances where ranking results in more than 5 breaches in the top 5, the Regulatory Authority will select the NL section or regulation that typically presents the greatest risk to children when breached.