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Compliance and enforcement data

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​​​​​​​​​​​​​​​​​​​​​​​​​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.


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.


​ ​

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, 2021-22 FY. Figures are provided for earlier quarters for comparison.

​Compliance action ty​pe​This quarter (Q3, 2021-22 FY)​Previous quarter (Q2, 2021-22 FY)​Same quarter last year (Q3, 2020-21 FY)​% change on sa​me quarter last year
​Caution letter issued248
​​293
178
​+39.3%
​Compliance notice issued73
150
80
-8.8%
​Compliance direction issued19
24
​23
​-17.4%
​Emergency action notice issued10
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 th​​e 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.​​

​​Top 5 breac​hes this quarter ​(Q3, 2021-22 FY)
​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
​Top 5 breac​hes previous quarter ​(Q2​, 2021-22 FY)
​National Law breach​​Number of breaches
​s165 Offence to inadequately supervise children105
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
​Top 5 breac​hes same quarter last year ​(Q3​, 2020-21 FY)
​National Law breach​​Number of breaches
​s165 Offence to inadequately supervise children59
s167 Offence relating to protection of children from harm and hazards​39
s174 Offence to fail to notify certain information to Regulatory Authority24
s172 Offence to fail to display prescribed information20
s169 Offence relating to staffing arrangements8

​​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, 2021-22 FY. The top 5 breaches in earlier quarters are listed for comparison.

​Top 5 breac​hes this quarter ​(Q3, 2021-22 FY)
​National Regulations breach​​Number of breaches
r103 Premises, furniture and equipment to be safe, clean and in good repair125
r97 Emergency and evacuation procedures53
r170 Policies and procedures to be​ followed29
r160 Child enrolment records to be kept by approved provider and family day care educator​18
r104 Fencing
16
​Top 5 breac​hes previous quarter ​(Q2​, 2021-22 FY)
​National Regulations breach​​Number of breaches
​r103 Premises, furniture and equipment to be safe, clean and in good repair183
r97 Emergency and evacuation procedures80
r170 Policies and procedures to be followed63
r160 Child enrolment records to be kept by approved provider and family day care educator37
r92 Medication record
27
​Top 5 breac​hes same quarter last year ​(Q3​, 2020-21)
​National Regulations breach​​Number of breaches
r103 Premises, furniture and equipment to be safe, clean and in good repair127
r97 Emergency and evacuation procedures68
r170 Policies and procedures to be followed34
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 (q​uarter 3, 2021-22 FY) by NQF se​​​rvice type

The information below shows the top 5 most common breaches* of the National Law and National Regulations in Queensland in Q3 2021-22 FY 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
92
s165 Offence to inadequately supervise children62
s167 Offence relating to protection of children from harm and hazards34
r97 Emergency and evacuation procedures
34
r166 Offence to use inappropriate discipline
26
Outside school hours care
​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 procedures14
 r172 Offence to fail to display prescribed information
8
r100 Risk assessment to be conducted before excursion
7
Kindergarten
​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 procedures4
r104 Fencing
3
r100 Risk assessment to be conducted before excursion
2
Family day care
National Law and National Regulations breach​
​​Number of breache​s
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. ​​

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Last updated 05 May 2022