In addition to requirements for a service to maintain a
record of compliance, the department may publish information about certain serious enforcement actions taken by the Queensland Early Childhood Regulatory Authority under the National Law and the
Education and Care Services Act 2013 (ECS Act).
Certain types of serious enforcement action information, such as prosecutions and suspensions, are published on the
serious enforcement action page. Not every enforcement or compliance action taken against a service is published. Families wishing to see a comprehensive record of a service’s compliance should request to see the record of service’s compliance history, which is required to be kept under regulation 167 of the National Regulations.
Information is published to ensure parents and carers, the community and the early childhood sector can access information about individuals and organisations that have presented a risk to children’s safety, health and wellbeing when providing education and care.
Any decision to publish information about an enforcement action aligns with the Queensland Regulatory Authority’s risk-based framework, Regulating for Quality. Enforcement actions may be published when non-compliance is particularly serious or high risk, or where there has been a pattern of repeated non-compliance. Publication of enforcement actions also considers principles of public interest and transparency, further supporting public and sector confidence in regulatory activities.
Enforcement action information is only published after all review periods are complete.
Removal of published information from the website is discretionary and will generally occur when the information is considered no longer relevant.
The subject, either a person or early childhood service provider, may request removal of information by emailing the Regulatory Authority on
regulation@qed.qld.gov.au.
The Regulatory Authority will consider and decide on the individual merits of the request.
What enforcement actions are published
The department may publish certain information about the following enforcement actions taken under the National Law or ECS Act:
- compliance notice
- prosecution
- enforceable undertaking
- suspension or cancellation of approvals (other than voluntary)
- amendment to approvals for purpose of enforcement
- emergency action notice.
The information that the department chooses to publish is not a comprehensive list of all serious enforcement action taken.
The department may prohibit certain individuals from being involved in the provision of education and care to children or holding the role of nominated supervisor. However, information about these decisions cannot be published under the law.
What enforcement action information is published
The National Regulations and the ECS regulation prescribe what information may be published about each type of enforcement action.
This information may include:
- name of the approved provider and their provider approval number
- name and address of service (unless a family day care home residence) and service approval number, if a family day care service
- name by which a service is known
- name of an individual (if applicable)
- reason for taking enforcement action, including details of the provisions breached or alleged to have been breached
- for prosecution, the date of conviction, finding or plea of guilt and any penalty imposed (if applicable)
- the date by which any steps to remedy must be taken
- information about steps taken to remedy, including the due date and actual date for completion
- for an enforceable undertaking, the terms and date imposed
- for an amendment of a provider or service approval, details of the amendment and effective date
- for suspension of provider or service approval, effective date and end date
- for cancellation of provider or service approval, effective date.
Similar information may be published under the ECS Act.
Help and support
For assistance with compliance and enforcement actions, please contact your
regional office.
Please contact
regulation@qed.qld.gov.au for complaints or enquiries about the enforcement information published.