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Temporary waivers

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​This page provides information for services captured under the National Law and the Education and Care Services Act 2013.

Services captured under National Law

The department is supporting eligible service providers captured under the National Law who are having difficulty meeting certain operational requir​ements, for example staffing qualifications, by granting waivers.

Only temporary waivers are issued for staffing qualifications as services are expected to comply with the requirements over time.

What can I seek a temporary waiver for?

  • Regulation 44 (temporary waivers) specifies the National Quality Standard elements or regulatory requirements for which a waiver can be sought.
  • Waivers will only be granted where there is no risk to children's health, safety and wellbeing.
  • Approved providers must give strong evidence of the steps they are taking or have taken to meet the requirements. This includes details and evidence of attempts or plans to recruit appropriately qualified staff and/or upskill existing staff members by the time the waiver expires (within 12 months).

View the waiver list (PDF, 90KB) of elements and regulatory requirements for which you can seek a waiver.

What can't I seek a waiver for?

  • ​Regulatory requirements or elements of the National Quality Standard other than those identified under regulation 44.

Contact your regional office if you are experiencing difficulties in meeting requirements under the National Law outlined in the above section.

How does a waiver work?

A service with a temporary waiver is not required to comply (s100) with the regulatory provision or element of the National Quality Standard specified in the waiver for up to 12 months.

Types of waivers

  • a service waiver, where an issue is likely to be ongoing
  • a temporary waiver, where the issue can be addressed within 12 months. Temporary waivers may be extended on application. The department issues only temporary waivers for difficulty meeting staffing qualifications.

What do I need to demonstrate?

When applying for a temporary waiver, approved providers must demonstrate they have made and will make efforts to meet the requirements by:

  • recruiting appropriately qualified staff
  • upskilling existing staff members.

Provide enough detail of these activities so we can assess your application. Be specific. Where and when did you advertise your vacant position? In which course at which institute is your staff member enrolled?

Examples of what you will need to include in your application

Regulation to waive​​ Steps service has taken Service's plan to meet requirements How service is protecting children's health, safety and wellbeing Evidence
​​​Centre-based services​ ​ ​ ​ ​
Regulation 132: requirement for early childhood teacher (ECT) - centre-based servicesWe advertised for an ECT in May and August 2018 in the local newspaper and through our networks. We received no applications from qualified ECTs.We are working with the management committee to revise the terms and conditions of the position, and will re-advertise in the local paper and online on seek.com for the next three months.Our director has 10 years' experience and an Advanced Diploma in Children's Services and will act as our service's educational leader. The director will plan programs and mentor our educators until we are able to recruit an ECT.

Copies of job advertisements.

 

​​​Family day care services ​ ​ ​ ​
Regulation 127: family day care educator qualifications.We have recruited an experienced but unqualified educator who has enrolled in a Certificate III in Children's Services course at the local TAFE that will begin in February 2019.The scheme coordinator will provide regular supervision and the educator will also receive peer mentoring from a qualified local educator before starting their course.The educator will meet the requirements once they begin actively working towards the qualification from February.

Copy of statement of enrolment.

 

You will need to provide supporting evidence of recruitment and/or upskilling a​ctivities. You must provide clear, legible photocopies of:

  • job advertisements (you must have advertised in widely circulated and well-known publications or websites and national or local newspapers up to three months before submitting your application. You may choose to also advertise on free websites such as Facebook or Gumtree. Clearly state qualification requirements in the advertisement.)
  • enrolment in training or qualifications (for example, statement of enrolment, academic transcripts, copies of awards, or statements of semester or module results).

How to apply for a waiver

Submit a waiver application via the National Quality Agenda IT System (NQA IT System).
For further information regarding applying for a waiver, including application requirements, visit ACECQA Applying for a waiver.

How long does it take to process a waiver application?

The department has up to 60 days to grant a temporary waiver (s98). This means approved providers should submit a completed application at least 60 days before they need a decision.

The department can fast track the processing of an application where the matter is outside the approved provider's control or in extenuating circumstances (e.g. natural disasters such as flooding).

Contact your regional office if you need your application fast-tracked or help completing your waiver application.

What do I do if my circumstances change?

Sometimes services, particularly those in remote locations, have difficulty finding or replacing qualified educators. Approved providers must notify the department of any change in circumstances or factors that affect the service's ability to meet the qualification requirements during the waiver period.

What do I do if a waiver is no longer needed?

If a waiver is no longer needed, notify the department after the new staff member has completed their probationary period (up to three months).

When notified a waiver is no longer needed, the department will:

  • revoke the waiver
  • re-issue the service approval removing the waiver and associated conditions.

If your circumstances change after your waiver is revoked, for example, the qualified educator leaves, you will need to apply for a new temporary waiver and pay the application fee.

Services under the Education and Care Services Act 2013

If your service is regulated under the Education and Care Services Act 2013 and is unable to meet staffing requirements, you can apply to the department for a temporary waiver for up to 12 months. Download the a​pplication form from the department's website and follow the instructions for submission and payment. Contact your regional office if you need help completing your waiver application.

Learn more about: qualifications and training.

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Last updated 08 January 2019