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Waivers for staffing

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This page provides information for services regulated under the National Quality Framework (NQF) or the Education and Care Services Act 2013 (ECS Act).

Services under the NQF

In special circumstances, including unexpected events, the regulatory authority (the department) may grant a waiver if an approved provider cannot meet certain operational or legislative requirements.

In considering a waiver the department will be guided by the objectives and guiding principles of the National Law.

The department may grant a waiver as a last resort so the service can operate.

Approved providers should explore all possible ways to meet the requirements before making an application.

What staffing requirements can be waived?

Regulation 41 (service waivers) and regulation 44 (temporary waivers) specify the regulatory requirements for which an approved provider can seek a waiver.

Read more about waivers for NQF services.

Services under the ECS Act

In special circumstances, including unexpected events, the regulatory authority (the department) may grant a waiver if an approved provider cannot meet certain operational or legislative requirements.  

In considering a waiver the department will be guided by the objectives and guiding principles of the ECS Act.

The department may grant a waiver as a last resort so the service can operate.

Approved providers should explore all possible ways to meet the requirements before making an application.

What staffing requirements can be waived?

  • Regulation 7 (service waivers) and regulation 8 (temporary waivers) specify the operational requirements for which an approved provider can seek a waiver.
  • Approved providers must give strong evidence of the steps they have taken or are taking to meet the requirements, for the application to be considered. This includes, among other things, details and documentation of attempts or plans to recruit appropriately qualified staff and/or upskill existing staff members by the time the waiver expires (for example within a maximum of 12 months for temporary waivers).

The ECS19-Application for service or temporary waiver form details examples of the type of documentation that approved providers must supply with their application as evidence.

Read more about waivers for ECS Act services.

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 that a waiver is no longer needed, the department will:

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

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

Related information 

Log on to the ECEC Emergency Closure portal to notify the department and families of any service closures due to a natural disaster or other unexpected event.

Do you receive funding under the Queensland Kindergarten Funding Scheme? Read more about the implications of operating with a staffing waiver for early childhood teacher qualifications.

Help and support

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).

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

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Last updated 03 October 2019