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Compliance and enforcement data

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​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​Quarter 3 (January to March​), 2022​–23 financial year (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 issued by the Regulatory Authority in Q3, 2022–23 FY. Figures are provided for earlier quarters for comparison.

​Compliance action ty​pe​This quarter (Q3, 2022–23 FY)​Previous quarter (Q2, 2022–23 FY)​Same quarter last year (Q3, 2021–22 FY)​% change on sa​me quarter last year
​Compliance notice issued122
138
78
+56.4%
​Compliance direction issued27
33
22
+22.7%
​Emergency action notice issued27
14
12
+125.0%​
Prohibition notice issued2
​5
1
+100.0%
Inappropriate person excluded​
0
1
​0N/A
Show cause
3
0
0
N/A
Notice of suspension issued00
0
N/A
Prosecution initiated​0​0
0
N/A
​Condition imposed
0
00
N/A
​Enforceable undertaking0​0​0
N/A
​​Approval cancelled​
0​​0
​0
N/A​
Total 181 191 114 +58.8%

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 Q3, 2022–23 FY. The top 5 breaches in earlier quarters are listed for comparison.​​

​​Top 5 breac​hes this quarter ​(Q3, 2022–23 FY)
​National Law breach​​Number of breaches
s165 Offence to inadequately supervise children108
s167 Offence relating to protection of children from harm and hazards​104
s166 Offence to use inappropriate discipline​
43
s174 Offence to fail to notify certain information to Regulatory Authority​
40
s169 Offence relating to staffing arrangements​
38​
​Top 5 breac​hes previous quarter ​(Q2, 2022–​23 FY)
​National Law breach​​Number of breaches
​s165 Offence to inadequately supervise children135
s167 Offence relating to protection of children from harm and hazards93
s174 Offence to fail to notify certain information to Regulatory Authority​
50
s172 Offence to fail to display prescribed information​
46
s166 Offence to use inappropriate discipline​
40​
​Top 5 breac​hes same quarter last year ​(Q3, 2021–​​22 FY)
​National Law breach​​Number of breaches
​s165 Offence to inadequately supervise children86​
s167 Offence relating to protection of children from harm and hazards44
s174 Offence to fail to notify certain information to Regulatory Authority
31
s166 Offence to use inappropriate discipline
29
s172 Offence to fail to display prescribed information​
23

​​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 Q3​, 2022–23 FY. The top 5 breaches in earlier quarters are listed for comparison.

​Top 5 breac​hes this quarter ​(Q3, 2022–23 FY)
​National Regulations breach​​Number of breaches
r103 Premises, furniture and equipment to be safe, clean and in good repair243
r97 Emergency and evacuation procedures120
r170 Policies and procedures to be followed57
r77 Health, hygiene and safe food practices ​
47
r118 Educational leader​
37
​Top 5 breac​hes previous quarter ​(Q2​, 2022–23 FY)
​National Regulations breach​​Number of breaches
​r103 Premises, furniture and equipment to be safe, clean and in good repair272
r97 Emergency and evacuation procedures158
r170 Policies and procedures to be followed​
65
r160 Child enrolment records to be kept by approved provider and family day care educator​
40
r89 First aid kits​
30
​Top 5 breac​hes same quarter last year ​(Q3, 2021–​22 FY)
​National Regulations breach​​Number of breaches
r103 Premises, furniture and equipment to be safe, clean and in good repair138
r97 Emergency and evacuation procedures​
64
r170 Policies and procedures to be followed​29
r160 Child enrolment records to be kept by approved provider and family day care educator18
r100 Risk assessment must be conducted before excursion​
15

Top 5 breaches of the National Law and National Regulations by service type

​The table below shows the top 5 most common breaches* of the National Law and National Regulations in Queensland in Q3, 2022–​23 FY by National Quality Framework 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 repair170
s165 Offence to inadequately supervise children​
84
s167 Offence relating to protection of children from harm and hazards​
79
r97 Emergency and evacuation procedures​
72
r170 Policies and procedures to be followed​
46​
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​
43
r97 Emergency and evacuation procedures​
32
s165 Offence to inadequately supervise children​
19
r118 Educational leader​
18
s167 Offence relating to protection of children from harm and hazards​
15
Kindergarten
​National Law and National Regulations breach​​Number of breaches
​r103 Premises, furniture and equipment to be safe, clean and in good repair25
r97 Emergency and evacuation procedures11
r104 Fencing​
7
s167 Offence relating to protection of children from harm and hazards5
s172 Offence to fail to display prescribed information​
5
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 repair5​
r97 Emergency and evacuation procedures5
s167 Offence relating to protection of children from harm and hazards4
r77 Health, hygiene and safe food practices​
3
s165 Offence to inadequately supervise children​
2​

​*In instances where ranking results in more than 5 breaches in the top 5, the Regulatory Authority will select the National Law section or National R​egulation that typically presents the greatest risk to children when breached.​

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Last updated 04 May 2023