Decisions
Once the Early Childhood Regulatory Authority (Regulatory Authority) has completed an
investigation or monitoring visit, we will advise the approved provider in writing of the outcome.
Decisions to take
compliance and enforcement action are made by considering a range of factors in line with the Regulatory Authority’s
risk-based framework, regulating for quality.
Reviews
Many decisions made by the Regulatory Authority are subject to internal review procedures, and or to external review, including certain statutory sanctions. Outcome letters will always advise the approved provider whenever a right to review applies. If an approved provider believes the Regulatory Authority’s decision is unreasonable, unfair, or unmeritorious, they may apply to have an internal review.
Reviewable decisions
National Law section 190 outlines which decisions are eligible for internal review. This includes decisions to issue a compliance direction or notice, to suspend a provider or service approval, to amend, refuse to amend and impose a condition on a provider or service approval.
When to submit
Applications for internal review must be made within 14 days of the day on which applicants were notified or became aware of the decision.
What to submit with your application
Applicants must complete the
approved form. The application must include a statement setting out:
- the details of the decision, or part of the decision, for which review is sought
- how the decision affects the applicant
- the grounds for seeking a review of the decision; for example, why the original decision was unreasonable, unfair, or unmeritorious.
How to submit
Applications on the
approved form should be submitted online using the
National Quality Agenda IT System (NQA ITS) via the Australian Children’s Education and Care Quality Authority (ACECQA) website. Alternatively, an applicant can complete a
manual form (PDF, 323KB) and send it to the Regulatory Authority
directly by email or post, within 14 days of becoming aware of the decision.
Assessment of applications for internal review
Internal reviews are undertaken by a person who was not involved the original decision-making or in collecting information or preparing recommendations for the original decision. The internal review will be conducted within 30 calendar days of receiving the application, however the Regulatory Authority may extend the timeframe by up to 30 calendar days by mutual agreement with the applicant.
The Regulatory Authority will at all times ensure that applicants for internal review are provided procedural fairness before a decision is made.
Help and support
Read more about internal and external reviews in the
Guide to the National Quality Framework.
For assistance with internal reviews, please
contact your regional office.