The vast majority of Queensland early childhood services are safe and compliant, but when non-compliance is substantiated, the Early Childhood Regulatory Authority (Regulatory Authority) will take appropriate and proportionate action to bring the service back into compliance. Read more about our risk-based approach to regulation,
Regulating for Quality (R4Q).
Monitoring
Authorised officers from the Regulatory Authority regularly visit services to assess their compliance with regulatory requirements.
Visits may be announced or unannounced and may consider a range of compliance requirements or target a particular area of concern or risk.
Read about the Regulatory Authority's processes and how decisions that directly affect services are made in the
regulating for quality: monitoring compliance of early childhood services procedure.
For data on the Regulatory Authority's monitoring activities, see the
compliance and enforcement data page.
Investigations
The Regulatory Authority is responsible for investigating allegations of breaches of the legislation and any risk of harm to children's health, safety and wellbeing. Investigations help determine what happened and who is responsible, as well as how to prevent recurrence and strengthen controls.
They may include:
- asking questions of witnesses (including staff, parents or community members)
- asking questions of the person who may have committed the breach
- reviewing documents and taking copies/photographs of relevant documents and discussing these with witnesses or the person who may have committed the breach
- making observations and taking photos of relevant evidence
- receiving intelligence from other government agencies such as Queensland Police Service, Blue Card Services etc.
The Regulatory Authority applies the principles of fairness and natural justice to every investigation, with the rights and best interests of children at the forefront.
Compliance decisions
Regulatory action may be taken against individuals and services that are not compliant with the ECS Act or ECS Regulation.
Regulatory responses to non-compliance directly relate to the level of risk to children's health, safety and wellbeing, and range from verbal advice and guidance to suspending or closing a service, prosecuting an approved provider, or prohibiting a person from providing education and care.
Review rights
Many decisions made by the Regulatory Authority are subject to internal review procedures, and/or to external review. Outcome letters will always advise the approved provider whether a right to review applies. If an applicant believes the Regulatory Authority’s decision is unreasonable, unfair, or unmeritorious, they may apply to have it reviewed.
Internal review
The
ECS24—application for internal review of reviewable decision form outlines which decisions are eligible for internal review and how to apply.
Internal reviews are undertaken by a person who was not involved in the assessment of the application, including the original decision-maker and any regulatory officers involved in collecting information or preparing recommendations for the original decision.
The Regulatory Authority will conduct the internal review within 30 calendar days of receiving the application, but we may extend the timeframe by up to 30 calendar days by mutual agreement with the applicant.
Queensland Civil and Administrative Tribunal (QCAT) review
Applicants may also apply to QCAT to have a range of decisions appealed, including suspensions and cancellations of approvals, and issuing of prohibition notices to individuals. For a full list of which decisions may be reviewed and how to apply, read Page 3 of the
ECS24—application for internal review of reviewable decision form.
Publishing enforcement actions
The Regulatory Authority may publish information about certain serious enforcement actions taken under the ECS Act. This provides parents and carers, the community and the early childhood sector with information about individuals and organisations that have presented a risk to children's safety, health and wellbeing when providing education and care.
Under the ECS Act, the Regulatory Authority may publish information about:
- prosecutions leading to a conviction
- compliance notices
- suspensions or cancellations of approvals (other than voluntary)
- amendments to approvals for purpose of enforcement
- prohibition notices.
Access the
enforcement actions published on our website.
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.
Published information may include details about the approved provider, service or compliance action. However, it will not identify a child or any person other than the approved provider or a person being prosecuted for an offence against the ECS Act. For full details about what can or cannot be published, read
section 204 of the ECS Act.
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 at
regulation@qed.qld.gov.au. We will consider and decide on the individual merits of the request.
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.