The following information provides guidance to approved providers on how to apply to operate a centre-based service or family day care service under the National Quality Framework (NQF) in Queensland.
Applying for a service approval
An approved provider seeking to operate a centre-based service (i.e. long day care, kindergarten or outside school hours care service) or family day care service in Queensland under the NQF must apply to the Regulatory Authority for a service approval.
Applications for service approvals in Queensland can only be submitted online through the
National Quality Agenda ITS System (NQA IT System) and be lodged at the same time as an application for a provider approval, but service approval cannot be granted until provider approval is granted.
The
Australian Children’s Education and Care Quality Authority (ACECQA) is responsible for managing the NQA IT System and has developed user guides to assist approved providers apply for service approval online including:
Lodging an application for service approval
The Regulatory Authority accepts online applications for service approval at any time throughout the year.
An application for service approval can be lodged online through the
NQA IT System when the prescribed information and documentation is available (noting there are some exceptions for centre-based services—see
application for service approval—centre-based service below).
It is important to note that the Regulatory Authority does experience a peak period for applications for service approval between October and January each year. This peak period is due to approved providers seeking to open new services at the beginning of a new calendar year.
Approved providers seeking to open new services in the beginning of a calendar year are strongly encouraged to consider submitting their completed service approval applications prior to this peak period and well in advance of the proposed opening date. This allows sufficient time (i.e. 90-day period for assessment, plus any time required for the provision of further information) for the Regulatory Authority to make a robust assessment of the application, ensuring the safety, health and wellbeing of children attending education and care services.
The information which must be submitted with an application for service approval is set out in the
Education and Care Services National Law and
Education and Care Services National Regulations.
Section 44 of the National Law requires an applicant for service approval to:
- apply in writing to the relevant Regulatory Authority using the online form through the
NQA IT System
- include the prescribed information
- nominate one or more nominated supervisors and include their written consent to the nomination
- include payment of the prescribed fee.
Section 45 of the National Law allows the Regulatory Authority to ask an applicant to provide any further information that is reasonably required for the purpose of assessing an application for service approval. The Regulatory Authority may request further information be provided within a specified time period and may require the person(s) with management or control to complete an online assessment and/or interview with the Regulatory Authority.
The
NQA IT System user guide (PDF, 12.5MB) provides guidance to approved providers in how to lodge a service approval application via the NQA IT System, including requirements on the information required for a complete application.
The prescribed information that must be included in an application for service approval is outlined in the National Regulations and is dependent on the type of education and care service the approved provider is seeking to operate.
Further guidance on the prescribed information required for each service type is outlined below.
See the service approval section of ACECQA’s
Guide to the National Quality Framework for more information about what is required for a service approval application.
It is important to note that it is an offence to knowingly provide false or misleading information or documents to the Regulatory Authority.
Application for service approval—centre-based service
Regulations 24 and 25 outline the prescribed information which
must be provided in an application for service approval to operate a centre-based service including a long day care, kindergarten or outside school hours care (OSHC) service.
In addition,
regulation 168 details the policies and procedures that an approved provider of a centre-based service must have in place.
Regulation 24
Carefully read
regulation 24 to see what prescribed information
must be provided in an application for service approval for a centre-based service. This information includes, but is not limited to:
- basic information about the applicant
- proposed details about the service such as operating hours, ages of children and nature of care
- a statement that policies and procedures referred to under regulation 168 have been prepared*.
Read more about
developing policies and procedures.
*Note: The Regulatory Authority recognises that the requirement for an approved provider to submit, at the time of lodging their application for service approval, a statement which confirms that ‘policies and procedures referred to under regulation 168 are prepared’, may present difficulties as certain policies (and procedures) may be incomplete where they are reliant upon consideration of the final premises design and/or construction.
In this case, at the time of lodging an application for service approval, the applicant must indicate which of the required policies and procedures are not yet complete and why.
Note: The applicant does not need to submit the regulation 168 policies and procedures with their application for service approval. The Regulatory Authority will request policies and procedures as part of the application assessment process; therefore, it is very important that these policies and procedures are readily available when the application is made.
Regulation 25
Carefully read
regulation 25(1), to see what information must be provided about the proposed education and care service premises for an application for service approval for a centre-based service. The kind of information required includes, but is not limited to:
- plans prepared by a building practitioner that show specified features of education and care service premises
- a copy of the water safety policy and procedure if there is a swimming pool or other water hazard on the service premises
- information about the soil assessment
- planning and occupancy permits
- building/classification certificates.
Always read the legislation closely. There are different requirements if the education and care service premises is a government or registered/accredited school.
Consult your building practitioner to ensure the plans show all the requirements and you’ve provided all the required information with your application.
The Regulatory Authority has developed an
animation (transcript) to help with what to consider when putting together a service approval application.
Outdoor space should also be fully considered when planning an education and care service. The Regulatory Authority has developed additional
guidance to help services plan and understand service approval requirements for both indoor and outdoor space.
Note: The Regulatory Authority recognises that it may be difficult for an applicant to provide certain prescribed information (such as Certificate of Occupancy, right to occupy and landscaping plans) before the building is complete. All the required information must be submitted to the Regulatory Authority before a service approval may be finalised.
Outside school hours care (OSHC) premises on school site
OSHC services may be located on or off a school site. An OSHC service proposing to operate on a
school site is required to meet both National Law requirements and other operational requirements as specified by school regulations, policies, procedures and management practices. Further information about the requirements for OSHC services that operate on a state school site is available from the
Department of Education website.
The National Regulations allow regulatory authorities to disregard specific requirements when a centre-based service is an OSHC service to operate on a
school site. All requirements still apply to OSHC services not on school sites.
The Regulatory Authority has determined the following requirements of
regulation 25 will not generally apply to applications for OSHCs on school sites:
- the following specific features on the plans
- fences and gates
- nappy change and food preparation area (toilets and washing facilities must still be shown)
- landscaping plans.
- soil assessment requirement
- planning permit
- occupancy permit/building certificates.
If the Regulatory Authority requires the above for a specific application, it will advise the applicant.
See the service approval section of ACECQA’s
Guide to the National Quality Framework for more information about what is required for a service approval application.
Application for service approval—family day care service
The
prescribed information required for an application for service approval for a family day care service is outlined in
regulation 26. Regulations
168 and
169 set out the requirements for an approved provider to prepare various policies and procedures relating to the operation of the proposed family day care service.
Regulation 26
Carefully read
regulation 26 to see what prescribed information
must be provided in an application for service approval for a family day care service. This information includes, but is not limited to:
- basic information about the applicant
- proposed details about the service, such as location of principle office, proposed hours and days of operation, proposed number of family day care coordinators and educators expected to be engaged
- a statement that policies and procedures referred to under
regulation 168 are prepared*
- a copy of the proposed policies and procedures referred to in
regulation 169.
*Note: The applicant
does not need to submit the regulation 168 policies and procedures with their application for service approval. The Regulatory Authority will request policies and procedures as part of the application assessment process; therefore it is very important that these policies and procedures are readily available when the application is made.
However, the
regulation 169 policies and procedures must be lodged with the application for Service Approval for a family day care service.
Consult the
developing policies and procedures page for more information.
Family day care venues
In exceptional circumstances, an applicant for a family day care service may request a place (other than a residence) as a venue for that service. In this case, the application must provide evidence of exceptional circumstances for the Regulatory Authority to consider.
Refer to the department’s fact sheet,
assessments of family day care residences, and the ACECQA
Guide to the National Quality Framework for further information about family day care venues and exceptional circumstances.
Service approval application process
Once an application for service approval is lodged online through the NQA IT System, the Regulatory Authority in the jurisdiction where the service is located will receive the application for assessment and decision.
The Regulatory Authority will check that the application contains the prescribed information and that the service approval application fee has been paid. If the application does not contain the required prescribed information* and the payment of prescribed application fee, the Regulatory Authority will consider the application to be incomplete.
The Regulatory Authority will:
- advise the applicant in writing that the application is incomplete
- specify the information that is outstanding
- specify a time period for the receipt of this information.
If an application is deemed incomplete and the outstanding information is not provided within the requested time period, the applicant will be advised the application is closed and the fee (if paid) may be refunded. The applicant can submit a new application once all prescribed information is ready to be lodged.
Assessment of an application for service approval does not commence until all prescribed information has been provided.
The Regulatory Authority will assess the application against the requirements for service approval specified under the
National Law and
National Regulations. As part of the assessment process, the Regulatory Authority may request further information, request the completion of an online assessment and/or seek to interview the approved provider and inspect the proposed education and care premises (refer sections
45 and
46 of the National Law).
Once the assessment is complete, the Regulatory Authority will advise the applicant in writing of the outcome of the decision to either grant, grant with conditions or refuse the application for service approval.
If granted, a service approval certificate is issued by the Regulatory Authority which approved providers must display at the service premises.
If the application is refused, applicants may apply to have an internal review within
14 days of the day on which they were notified or became aware of the decision. Find out more and download the
AR01 form (PDF, 330KB) (application for internal review of reviewable decision) from the ACECQA
applications and notifications forms page.
*Note: The Regulatory Authority recognises that it may be difficult for an applicant to provide certain prescribed information before the building is complete (see
application for service approval – centre-based service section). All the required information must be submitted to the Regulatory Authority before a service approval may be finalised.
Service approval decisions timeframe
Under the
National Law, the Regulatory Authority must decide applications for service approval within
90 days after receiving the application. This timeframe enables the Regulatory Authority to undertake a robust assessment to ensure the safety, health and wellbeing of children who may attend education and care services. It is the approved provider’s responsibility to manage families’ expectations about when the service will open while the Regulatory Authority undertakes an assessment of the application.
Although applications must include the information prescribed under
regulations 24 and 25, the Regulatory Authority recognises that it may be difficult for an applicant for a centre-based service to provide certain prescribed information at the time of lodging an application for service approval, for example, the building certificate or occupancy permit. All the required information must be submitted to the Regulatory Authority before a service approval may be finalised.
If the Regulatory Authority requests further information to assess an application, applicants will be provided with a specific timeframe and should provide it as soon as possible as this time between the request and the Regulatory Authority receiving the response is not included in the legislated decision-making timeframe of 90 days, extending the total time taken to complete the application.
If the requested information is received by the Regulatory Authority within the specified time period, the application will be assessed against the requirements of the National Law and National Regulations.
If the further information is
not received by the Regulatory Authority within the specified time period, the application may be assessed against the requirements of the National Law and National Regulations, based on the information already received.
See ACECQA’s
Guide to the National Quality Framework for more information about the timeframes for service approval applications and how they are calculated.
More information