Reporting—Notifying the regulatory authority

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It is vital that approved providers respond appropriately to incidents that occur within their services. Notification provides transparency and accountability, and ensures that serious incidents, complaints, and breaches of the legislations are monitored, tracked, and resolved to the satisfaction of the Regulatory Authority. Approved providers have an obligation under the National Law to notify the department of certain incidents, complaints and changes to information.

This Notification Decision Tree (NDT) will help approved providers to determine if a notification to the Regulatory Authority is required and the timeframe in which that notification should be made.

If a notification is needed, you will be directed to the National Quality Agenda IT System to sign on and lodge the correct online form. Please include as much detail as possible, so we can quickly and accurately assess what (if any) action needs to be taken as a result of your notification.

If you make a notification that is not required under the law, it will be re-categorised as 'non-regulatory' and no further action will be taken. You will receive an email from your regional office explaining why it was considered non-regulatory.

Please note that information contained in the NDT is for general guidance only and you must consider the specific circumstances of each incident against the requirements of the legislation when you are making a decision about whether to notify.

Approved providers, educators and services may be required to report incidents or suspected incidents involving children under other State and Territory laws including child protection legislation.

It is the approved providers responsibility to understand their obligations and operate according to the law.

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An incident ?
A complaint ?
An approved service ?
An Approved Provider ?
Additional children at a service ?

This notification is about: An incident

Have any of these incidents happened?

A child has died while at the service, or following an incident at the service.

Section 174(2) of the National Law and Regulation 12 of the National Regulations applies.

Notify the Regulatory Authority as soon as practicable but within 24 hours of the death, or time the person becomes aware of the death.

Section 174(2) An Approved Provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the Approved Provider - any serious incident at the approved education and care service.

Section 5(1) In this section serious incident means an incident or class of incidents prescribed by the national regulations as a serious incident.

Regulation 12 provides a list of circumstances that are prescribed as a serious incident. This list includes the death of a child while being educated and cared for by an education and care service, or following an incident while being educated and cared for by an education and care service.

Next steps

Login to the National Quality Agenda IT System
Complete I01: Notification of incident form and provide any required attachments.

A child was seriously injured at the service and needed urgent medical attention, attended a hospital, or should have attended a hospital.

Section 174(2) of the National Law and Regulation 12 of the National Regulations applies.

Notify the Regulatory Authority within 24 hours of becoming aware of the incident.

Section 174(2) An Approved Provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the Approved Provider - any serious incident at the approved education and care service.

Section 5(1) In this section serious incident means an incident or class of incidents prescribed by the national regulations as a serious incident.

Regulation 12 provides a list of circumstances that are prescribed as a serious incident. This list includes any incident involving serious injury or trauma to a child while being educated and cared for by an education and care service, which a reasonable person would consider required urgent medical attention from a registered medical practitioner; or for which the child attended, or ought reasonably to have attended, a hospital.

Show example

For example, a broken limb.

For more information, see ACECQA's Guide to the National Quality Framework, Operational Requirements, Section 7.3.

Next steps

Login to the National Quality Agenda IT System
Complete I01 Notification of serious incident form and provide any required attachments.

A child suffered a serious illness at the service and needed medical attention at a hospital.

Section 174(2) of the National Law and Regulation 12 of the National Regulations applies.

Notify the Regulatory Authority within 24 hours of becoming aware of the incident.

Section 174(2) An Approved Provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the Approved Provider - any serious incident at the approved education and care service.

Section 5(1) In this section serious incident means an incident or class of incidents prescribed by the national regulations as a serious incident.

Regulation 12 provides a list of circumstances that are prescribed as a serious incident. This list includes any incident involving serious illness of a child occurring while that child is being educated and cared for by an education and care service for which the child attended, or ought reasonably to have attended, a hospital.

Show example

For example, severe asthma attack, seizure or anaphylaxis reaction.

For more information, see ACECQA's Guide to the National Quality Framework, Operational Requirements, Section 7.3.

Next steps

Login to the National Quality Agenda IT System
Complete I01 Notification of serious incident form and provide any required attachments.

Any emergency requiring emergency services to attend.

Section 174(2) of the National Law and Regulation 12 of the National Regulations applies.

Notify the Regulatory Authority within 24 hours of becoming aware of the incident.

Section 174(2) An Approved Provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the Approved Provider - any serious incident at the approved education and care service.

Section 5(1) In this section serious incident means an incident or class of incidents prescribed by the national regulations as a serious incident.

Regulation 12 provides a list of circumstances that are prescribed as a serious incident. This list includes any emergency for which emergency services attended.

Next steps

Login to the National Quality Agenda IT System
Complete I01: Notification of serious incident form and provide any required attachments.

A child was missing from the service or was not able to be accounted for.

Section 174(2) of the National Law and Regulation 12 of the National Regulations applies.

Notify the Regulatory Authority within 24 hours of becoming aware of the incident.

Section 174(2) An Approved Provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the Approved Provider - any serious incident at the approved education and care service.

Section 5(1) In this section serious incident means an incident or class of incidents prescribed by the national regulations as a serious incident.

Regulation 12 provides a list of circumstances that are prescribed as a serious incident. This list includes any circumstance where a child being educated and cared for by an education and care service appears to be missing or cannot be accounted for.

Next steps

Login to the National Quality Agenda IT System
Complete I01: Notification of incident form and provide any required attachments.

A child was taken or removed from the service in a way that breaches the National Regulations.

Section 174(2) of the National Law and Regulation 12 of the National Regulations applies.

Notify the Regulatory Authority within 24 hours of becoming aware of the incident.

Section 174(2) An Approved Provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the Approved Provider - any serious incident at the approved education and care service.

Section 5(1) In this section serious incident means an incident or class of incidents prescribed by the national regulations as a serious incident.

Regulation 12 provides a list of circumstances that are prescribed as a serious incident. This list includes any circumstance where a child being educated and cared for by an education and care service appears to have been taken or removed from the education and care service premises in a manner that contravenes these regulations.

Next steps

Login to the National Quality Agenda IT System
Complete I01: Notification of serious incident form and provide any required attachments.

A child was mistakenly locked in or out of the service premises or part of the premises.

Section 174(2) of the National Law and Regulation 12 of the National Regulations applies.

Notify the Regulatory Authority within 24 hours of becoming aware of the incident.

Section 174(2) An Approved Provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the Approved Provider - any serious incident at the approved education and care service.

Section 5(1) In this section serious incident means an incident or class of incidents prescribed by the national regulations as a serious incident.

Regulation 12 provides a list of circumstances that are prescribed as a serious incident. This list includes any circumstance where a child being educated and cared for by an education and care service is mistakenly locked in or locked out of the education and care service premises or any part of the premises.

Next steps

Login to the National Quality Agenda IT System
Complete I01: Notification of serious incident form and provide any required attachments.

The Approved Provider reasonably believes a child has suffered physical or sexual abuse at the service.

Section 174(2) of the National Law and Regulation 175(2) of the National Regulations applies.

Notify the Regulatory Authority within 7 days of becoming aware of the incident.

Section 174(2) An Approved Provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the Approved Provider - information in respect of any other prescribed matters.

Regulation 175(2) provides a list of matters that are prescribed. This list includes any incident where the Approved Provider reasonably believes that physical abuse of a child or children has occurred or is occurring while the child is or the children are being educated and cared for by the education and care service.

Next steps

Login to the National Quality Agenda IT System
Complete I01: Notification of incident form and provide any required attachments.

A child is alleged to have been physically or sexually abused at the service.

Section 174(2) of the National Law and Regulation 175(2) of the National Regulations applies.

Notify the Regulatory Authority within 7 days of becoming aware of the incident.

Section 174(2) An Approved Provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the Approved Provider - information in respect of any other prescribed matters.

Regulation 175(2) provides a list of matters that are prescribed. This list includes allegations that physical or sexual abuse of a child or children has occurred or is occurring while the child is or the children are being educated and cared for by the education and care service (other than an allegation that has been notified under section 174(2)(b) of the Law).

Next steps

Login to the National Quality Agenda IT System
Complete I01 Notification of Incident form and provide any required attachments.

The service is required to close or reduce numbers of children due to an incident.

Section 174(2) of the National Law and Regulation 175(2) of the National Regulations applies.

Notify the Regulatory Authority within 24 hours of becoming aware of the incident.

Section 174(2) An Approved Provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the Approved Provider - information in respect of any other prescribed matters.

Regulation 175(2) provides a list of matters that are prescribed. This list includes any incident that requires the Approved Provider to close, or reduce the number of children attending, the education and care service for a period.

Show example

For example, a flood or fire that requires an Approved Provider to close the education and care service's premises (or part of those premises) while repairs are undertaken.

Approved providers that temporarily close their service/s in the event of an emergency must notify the Regulatory Authority within 24 hours of closure. Further information about how to do this is available on our Early childhood service closures page.

Next steps

Login to the National Quality Agenda IT System
Complete I01 Notification of Incident form and provide any required attachments.

A circumstance has arisen at the service that poses a risk to the health, safety or wellbeing of children attending the service.

Section 174(2) of the National Law and Regulation 175(2) of the National Regulations applies.

Notify the Regulatory Authority within 7 days of becoming aware of the incident.

Section 174(2) An Approved Provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the Approved Provider - information in respect of any other prescribed matters.

Regulation 175(2) provides a list of matters that are prescribed. This list includes any circumstance arising at the service that poses a risk to the health, safety or wellbeing of a child or children attending the service.

Show example

For more information see ACECQA's Guide to the National Quality Framework, Operational Requirements, Section 7.3.

Next steps

Login to the National Quality Agenda IT System
Complete I01 Notification of Incident form and provide any required attachments.

This notification is about: A complaint

Have any of these complaints been made?

Any person (including an educator) has made a complaint alleging that a serious incident has occurred or is occurring at the service.

Section 174(2) of the National Law applies.

Notify the Regulatory Authority within 24 hours of the complaint.

Section 174(2) An Approved Provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the Approved Provider - any complaints alleging that a serious incident has occurred or is occurring while a child was or is being educated and cared for by the approved education and care service.

Regulation 12 of the National Regulations provides a list of the circumstances prescribed as serious incidents.

Next steps

Login to the National Quality Agenda IT System
Complete C01 Notification of Complaints form.

Any person (including an educator) has made a complaint alleging that the National Law has been breached.

Section 174(2) of the National Law applies.

Notify the Regulatory Authority within 24 hours of the complaint.

Section 174(2) An Approved Provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the Approved Provider - any complaints alleging that this law has been contravened.

Next steps

Login to the National Quality Agenda IT System
Complete C01 Notification of Complaints form

This notification is about: An Approved Provider

What's changed about the provider?

The Approved Provider is no longer a fit and proper person to provide an education and care service.

Section 174(1) of the National Law applies.

Notify the Regulatory Authority within 7 days of the change.

Section 174(1) An Approved Provider must notify the Regulatory Authority of the following information in relation to the Approved Provider or each approved education and care service operated by the Approved Provider - any change relevant to whether the Approved Provider is a fit and proper person to be involved in the provision of an education and care service.

Approved Provider includes a person with management and control in relation to an education and care service. See section 5(1) of the National Law for a definition of a person with management control.

Fit and Proper

Section 13 of the National Law provides the matters to be taken into account in assessing whether a person is fit and proper.

Next steps

Login to the National Quality Agenda IT System
Complete PA08 Notification of change of information about Approved Provider.

The Approved Provider has changed address, principal office or contact details.

Section 174(1) of the National Law and Regulation 175(1) of the National Regulations applies.

Notify the Regulatory Authority within 7 days of the change.

Section 174(1) An Approved Provider must notify the Regulatory Authority of the following information in relation to the Approved Provider or each approved education and care service operated by the Approved Provider - information in respect of any other prescribed matters.

Regulation 175(1) provides a list of matters that are prescribed. This list includes any change to the address of the Approved Provider or the principal office of the Approved Provider, or the contact details of the Approved Provider.

Next steps

Login to the National Quality Agenda IT System
Complete PA08 Notification of change of information about Approved Provider.

Receivers, liquidators or administrators have been appointed to the Approved Provider.

Section 174(1) of the National Law and Regulation 175(1) of the National Regulations applies.

Notify the Regulatory Authority within 7 days of the change.

Section 174(1) An Approved Provider must notify the Regulatory Authority of the following information in relation to the Approved Provider or each approved education and care service operated by the Approved Provider - information in respect of any other prescribed matters.

Regulation 175(1) provides a list of matters that are prescribed. This list includes the appointment of receivers or liquidators or administrators to the Approved Provider or any other matters that affect the financial viability and ongoing operation of the education and care service.

Next steps

Login to the National Quality Agenda IT System
Complete PA08: Notification of change to information about Approved Provider.

Matters affecting the financial viability and ongoing operations of the education and care service have happened.

Section 174(1) of the National Law and Regulation 175(1) of the National Regulations applies.

Notify the Regulatory Authority within 7 days of the change.

Section 174(1) An Approved Provider must notify the Regulatory Authority of the following information in relation to the Approved Provider or each approved education and care service operated by the Approved Provider - information in respect of any other prescribed matters.

Regulation 175(1) provides a list of matters that are prescribed. This list includes the appointment of receivers or liquidators or administrators to the Approved Provider or any other matters that affect the financial viability and ongoing operation of the education and care service.

Next steps

Login to the National Quality Agenda IT System
Complete PA08: Notification of change to information about Approved Provider.

There is a change in the name of the Approved Provider.

Section 173(1) of the National Law applies.

Notify the Regulatory Authority within 14 days of the change.

Section 173(1) An Approved Provider must notify the Regulatory Authority of the following in relation to the Approved Provider or each approved education and care service operated by the Approved Provider - a change in the name of the Approved Provider.

Next steps

Login to the National Quality Agenda IT System
Complete PA03: Application for amendment of provider approval.

There is a new appointment or removal of a person with management or control of an education and care service operated by the Approved Provider.

Section 173(1) of the National Law applies.

Notify the Regulatory Authority within 14 days of the change.

Section 173(1) An Approved Provider must notify the Regulatory Authority of the following in relation to the Approved Provider or each approved education and care service operated by the Approved Provider - any appointment or removal of a person with management or control of an education and care service operated by the Approved Provider.

Next steps

Login to the National Quality Agenda IT System
Complete PA08: Notification of change to information about Approved Provider.

The Approved Provider has died.

Section 39(2) of the National Law applies.

Notify the Regulatory Authority within 7 days of the death.

Section 39(2) The nominated supervisor or any other person having day to day control of an education and care service of the Approved Provider must notify the Regulatory Authority of the Approved Provider's death within 7 days after that death.

Next steps

Login to the National Quality Agenda IT System
Complete PA08: Notification of change to information about Approved Provider.

The Approved Provider plans to transfer a service approval to a different provider.

Section 59(1) of the National Law applies.

Notify 42 days prior to the transfer taking effect, or a lesser period agreed by the Regulatory Authority.

Section 59(1) The transferring Approved Provider and the receiving Approved Provider must jointly notify the Regulatory Authority of the transfer.

Next steps

Login to the National Quality Agenda IT System
Complete SA04/05 Notification of Transfer of Service Approval.

This notification is about: An approved service

What's changed about the service?

There has been a change to the hours and days of operation of the education and care service.

Section 174(2) of the National Law and Regulation 175(2) of the National Regulations applies.

Notify the Regulatory Authority within 7 days of the change.

Section 174(2) An Approved Provider must notify the Regulatory Authority of the following information in relation to an approved education and care service operated by the Approved Provider - information in respect of any other prescribed matters.

Regulation 175(2) provides a list of matters that are prescribed. This list includes any change to the hours and days of operation of the education and care service.

Next steps

Login to the National Quality Agenda IT System
Complete SA12: Notification of change to information about an approved service.

There has been a proposed change to the centre-based service's premises.

Section 173(2) of the National Law applies.

Notify the Regulatory Authority within 7 days of the change.

Section 173(2) An Approved Provider must notify the Regulatory Authority of the following in relation to an approved education and care service operated by the Approved Provider - any proposed change to the education and care service premises of an approved education and care service (other than a family day care residence).

Next steps

Login to the National Quality Agenda IT System
Complete SA12 Notification of change to information about an approved service.

There has been a change in the location of the principal office of a family day care service.

Section 173(2) of the National Law applies.

Notify the Regulatory Authority within 14 days of the change.

Section 173(2) An Approved Provider must notify the Regulatory Authority of the following in relation to an approved education and care service operated by the Approved Provider - in the case of an approved family day care service, a change in the location of the principal office of the service.

Next steps

Login to the National Quality Agenda IT System
Complete SA12 Notification of change to information about an approved service.

A new nominated supervisor has been added to the service.

Section 56(1) and 56(2) of the National Law applies.

Notify the Regulatory Authority at least 7 days before the new nominated supervisor commences in the role.

If that period is not possible, then not more than 14 days after the new nominated supervisor commences in the role.

Section 56(1) The Approved Provider of an education and care service must give written notice to the Regulatory Authority in accordance with this section if the Approved Provider wishes to add a new nominated supervisor of the education and care service.

Section 56(2) The notice must be given at least 7 days before the individual is to commence work as the nominated supervisor or if that period of notice is not possible in the circumstances, as soon as practicable and not more than 14 days after the individual commences work as the nominated supervisor.

Next steps

Login to the National Quality Agenda IT System
Complete NS02 Notification of change to nominated supervisor.

The nominated supervisor has ceased to be employed or engaged by the service or has withdrawn consent to the nomination.

Section 173(2) of the National Law applies.

Notify the Regulatory Authority within 7 days of the event.

Section 173(2) An Approved Provider must notify the Regulatory Authority of the following in relation to an approved education and care service operated by the Approved Provider - if a nominated supervisor of an approved education and care service ceases to be employed or engaged by the service, or is removed from the role of nominated supervisor, or withdraws consent to the nomination.

Next steps

Login to the National Quality Agenda IT System
Complete NS02 Notification of change to nominated supervisor.

The nominated supervisor's working with children card (blue card) or teacher registration has been cancelled or suspended, or they are the subject of other disciplinary proceedings.

Section 173(2) of the National Law applies.

Notify the Regulatory Authority within 7 days of the change.

Section 173(2) An Approved Provider must notify the Regulatory Authority of the following in relation to an approved education and care service operated by the Approved Provider - if the Approved Provider is notified of the suspension or cancellation of a working with children card or teacher registration of, or disciplinary proceedings under an education law of a participating jurisdiction in respect of, a nominated supervisor or certified supervisor engaged by the service.

Next steps

Login to the National Quality Agenda IT System
Complete NS02: Notification of change to nominated supervisor.

The Approved Provider has not commenced operating the service within six (6) months of the service approval being granted.

Section 173(1) of the National Law applies.

Notify the Regulatory Authority within 14 days.

Section 173(1) An Approved Provider must notify the Regulatory Authority of the following in relation to the Approved Provider or each approved education and care service operated by the Approved Provider - a failure to commence operating an education and care service within 6 months (or within the time agreed with the Regulatory Authority) after being granted a service approval for the service.

Next steps

Login to the National Quality Agenda IT System
Complete SA12 Notification of change to information about an approved service.

An Approved Provider ceases to operate the education and care service.

Section 173(2) of the National Law applies.

Notify the Regulatory Authority within 7 days of the event.

Section 173(2) An Approved Provider must notify the Regulatory Authority of the following in relation to the Approved Provider or each approved education and care service operated by the Approved Provider - if the Approved Provider ceases to operate the education and care service.

Next steps

Login to the National Quality Agenda IT System
Complete SA12 Notification of change of information about an approved service.

This notification is about: Additional children at a service

Is the service providing education and care for additional children?

Yes, additional children are being cared for. No. No additional children are being cared for.

Is the service a centre-based service?

Yes, this service is a centre-based service No It's a family day care service

Is an additional child or children being provided education and care at the service in an emergency?

Regulation 123(5) provides examples of when additional children from the same family may attend a centre-based service in an emergency for not more than two consecutive days.

Emergency, in relation to a child, means a serious and unexpected short term care emergency that requires the child to be provided with immediate education and care.

Examples:

A child is determined to be in need of protection under a child protection order.

The parent of a child needs urgent health care that prevents them caring for the child.

Yes, the additional child is in an emergency. No, the additional child is not in an emergency

Is an additional child or children (above the maximum allowed) attending a family day care residence or venue in exceptional circumstances?

Under Regulation 124(5) the Approved Provider of a family day care service may approve, in writing, a family day care educator to educate and care for more than 7 children, or more than 4 children who are preschool age or under, at any one time, in exceptional circumstances.

Regulation 124(6) sets out that exceptional circumstances exist where:

all the children being educated and cared for are siblings in the same family

or

the child is determined to be in need of protection under child protection law and the family day care educator is determined to be the best person to educate and care for the child

or

the family day care residence or approved family day care venue is in a rural or remote area and no alternative education and care service is available.

Yes, the additional child is in exceptional circumstances. No, the additional child is not in exceptional circumstances.

Section 174(2) of the National Law and Regulation 175(2) of the National Regulations applies.

Notify the Regulatory Authority within 24 hours of becoming aware of the attendance of an additional child or children.

Section 174(2) An Approved Provider must notify the Regulatory Authority of the following information in relation to the Approved Provider or each approved education and care service operated by the Approved Provider - information in respect of any other prescribed matters.

Regulation 175(2) prescribes the information that must be notified to the Regulatory Authority in relation to the attendance of additional children from the same family in an emergency including - a description of the emergency and a statement by the Approved Provider that the Approved Provider has taken into account the safety, health and well-being of all the children attending the education and care service when deciding to provide education and care to the additional child or children.

Next steps

Login to the National Quality Agenda IT System
Complete I01 Notification Incident Form and provide any required attachments.

If a service is providing education and care to an additional child or children and it is not an emergency then the approved service is not compliant with the National Law.

The Approved Provider must give written permission to the family day care educator and ensure all children being educated and cared for by the family day care educator are adequately supervised at all times.

If a service is providing education and care to an additional child or children and there are no exceptional circumstances, then the approved service is not compliant with the National Law.

No notification is required.

Not sure?

Contact your nearest Regional Office

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Incident and emergency management

Reporting—Notifying the regulatory authority

This notification is about: An incident

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This notification is about: A complaint

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This notification is about: An Approved Provider

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This notification is about: An approved service

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This notification is about: Additional children at a service

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