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Compliance and enforcement data

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​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​Quarter 2 (October to December), 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 Q2, 2022–23 FY. Figures are provided for earlier quarters for comparison.

​Compliance action ty​pe​This quarter (Q2, 2022–23 FY)​Previous quarter (Q1, 2022–23 FY)​Same quarter last year (Q2, 2021–22 FY)​% change on sa​me quarter last year
​Compliance notice issued129
121
152
-15.1%
​Compliance direction issued31
35
24
+29.2%
​Emergency action notice issued14
11
9
+55.6%
Prohibition notice issued2
​3
1
+100.0%
Inappropriate person excluded​
10
​0N/A
Show cause
0
3
3
-100.0%
Notice of suspension issued01
0
N/A
Prosecution initiated​0​1
0
N/A
​Condition imposed
0
01
-100.0%
​Enforceable undertaking0​0​​1
-100.00%​
​​Approval cancelled​
0​​0
​0
N/A​
Total 177​ 175 191 -7.3%

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 Q2, 2022–23 FY. The top 5 breaches in earlier quarters are listed for comparison.​​

​​Top 5 breac​hes this quarter ​(Q2, 2022–23 FY)
​National Law breach​​Number of breaches
s165 Offence to inadequately supervise children132
s167 Offence relating to protection of children from harm and hazards​89
s174 Offence to fail to notify certain information to Regulatory Authority​
49
s172 Offence to fail to display prescribed information45
s166 Offence to use inappropriate discipline​39​
​Top 5 breac​hes previous quarter ​(Q1, 2022–​23 FY)
​National Law breach​​Number of breaches
​s165 Offence to inadequately supervise children107
s167 Offence relating to protection of children from harm and hazards96
s172 Offence to fail to display prescribed information​74
s174 Offence to fail to notify certain information to Regulatory Authority​44
​s169 Offence relating to staffing arrangements25​
​Top 5 breac​hes same quarter last year ​(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 hazards76
s172 Offence to fail to display prescribed information41
s166 Offence to use inappropriate discipline34
s174 Offence to fail to notify certain information to Regulatory Authority​
30

​​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 Q2​, 2022–23 FY. The top 5 breaches in earlier quarters are listed for comparison.

​Top 5 breac​hes this quarter ​(Q2, 2022–23 FY)
​National Regulations breach​​Number of breaches
r103 Premises, furniture and equipment to be safe, clean and in good repair269
r97 Emergency and evacuation procedures156
r170 Policies and procedures to be followed64
r160 Child enrolment records to be kept by approved provider and family day care educator40
r89 First aid kits​​
30​
​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 repair279
r97 Emergency and evacuation procedures129
r160 Child enrolment records to be kept by approved provider and family day care educator​
56
r170 Policies and procedures to be followed53
r77 Health, hygiene and safe food practices​
34​
​Top 5 breac​hes same quarter last year ​(Q2​, 2021–​22 FY)
​National Regulations breach​​Number of breaches
r103 Premises, furniture and equipment to be safe, clean and in good repair189
r97 Emergency and evacuation procedures​
80
r170 Policies and procedures to be followed​62
r160 Child enrolment records to be kept by approved provider and family day care educator37​
r92 Medication record​
27

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 Q2, 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 repair199
r97 Emergency and evacuation procedures100
s165 Offence to inadequately supervise children93
s167 Offence relating to protection of children from harm and hazards​
63
r170 Policies and procedures to be followed​
47​
Outside school hours care
​National Law and National Regulations breach​​Number of breaches
s165 Offence to inadequately supervise children30
r103 Premises, furniture and equipment to be safe, clean and in good repair29
r97 Emergency and evacuation procedures28
s167 Offence relating to protection of children from harm and hazards​
13
r170 Policies and procedures to be followed​11
Kindergarten
​National Law and National Regulations breach​​Number of breaches
​r103 Premises, furniture and equipment to be safe, clean and in good repair30
r97 Emergency and evacuation procedures19
r89 First aid kits8
s167 Offence relating to protection of children from harm and hazards7
s165 Offence to inadequately supervise children​
6
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 repair11​
r97 Emergency and evacuation procedures9
s167 Offence relating to protection of children from harm and hazards6
s165 Offence to inadequately supervise children3
r170 Policies and procedures to be followed​​3​

​*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 02 February 2023