Approved providers may wish to authorise another person/s in their service to act or communicate on their behalf
with the Queensland Regulatory Authority (being the chief executive of the Department of Education).
The regulatory authority cannot disclose information about a service or service application to anyone other than the
approved provider or persons with management or control (PMC) for an approved provider, for example, where an
approved provider is a company, partnership, eligible association or body corporate, etc.
Read more in section 273 of the National Law.
Advising the regulatory authority
Written authorisation is required from an approved provider to enable the regulatory authority to communicate with,
receive information from, and provide information about a service to a person other than the approved provider.
This written advice should include the:
- name/s of the authorised person/s
- applicable education and care services
- details of the intent or scope.
In providing this authorisation, it is important that approved providers are clear about what matters the authorised
person/s may enact on their behalf.
Intent or scope of the authorisation
The approved provider may wish to provide authorisation to enable the authorised person/s to act on their
behalf for all matters relating to the operation of the relevant service/s under the
National Law.
Alternatively, an approved provider may wish to provide authorisation for authorised person/s to act on their behalf
in relation to specific matters under the National Law such as the:
- making of and/or responding to all requests for further information by the regulatory authority in relation to a
notification
- making of and/or responding to all requests for further information by the regulatory authority in relation to
an application
- making of and/or responding to the regulatory authority with respect to issues relating to the approved
provider's non-compliance.
For example, "Authority is given to [insert name of person/s to act on behalf of the approved provider]
for:
- execution on behalf of the approved provider of all applications/application number [insert number], under the
National Law (including but not limited to applications for a service approval,
- amendment to service approval, transfers, voluntary suspensions, service waivers, and
cancellation of prohibition notices etc)
- responding to all requests for further information by the regulatory authority in
relation to any applications/application number [insert number] made under the National
Law".
Email written advice of an authorisation to the regulatory authority at ecis@qed.qld.gov.au.
Responsibilities of an approved provider
Despite authorising a person/s to act on their behalf, an approved provider remains ultimately responsible under the
National Law for any obligations arising from the duly authorised actions of its authorised representative(s).
Approved providers are encouraged to seek their own legal advice regarding their legal responsibilities.
Help and support
If you have questions about provider and service approvals, please contact your local regional
office or phone the Early Childhood Regulatory Authority on (07) 3328 6780.