After all efforts have been made to meet the requirements of the National Law and National Regulations, approved providers who are having difficulty meeting operational requirements may apply for a waiver.
Types of waivers
Waivers may be sought for:
- physical environment, including outdoor space
- staffing
- location of the principal office for a family day care service.
There are 2 types of waivers:
- service waivers—ongoing waivers without a specific expiry date
- temporary waivers—granted for a period of up to 12 months.
A service with a waiver is either taken to comply (service waiver) or is not required to comply for up to 12 months (temporary waiver) with the specified regulatory provision for which the waiver applies.
For full details on the relevant provisions that can be waived, read
Regulations 41 and
44.
Lodging a waiver application
Before lodging a waiver application, approved providers should:
When to submit
Approved providers can submit service and waiver applications at the same time. However, the department will only decide the waiver application once service approval is granted.
In some circumstances, changing the service approval application may enable the service to operate without needing a waiver. For example, reducing the number of children attending the service if there is insufficient outdoor space.
The Regulatory Authority can fast track the processing of an application where the matter is outside the approved provider's control or in extenuating circumstances (e.g. natural disasters).
Contact your regional office if you need your application fast-tracked or help to complete your waiver application.
What to submit with an application
Approved providers
must provide the details and evidence of any attempts to comply with the requirement, and how they will ensure children’s health, safety and wellbeing during the waiver period. For
essential information on what to submit according to which waiver, read the
evidence for waiver applications information sheet (PDF, 142KB), which explains what documentation to submit with the application according to which type of waiver is sought.
How to submit
- Read about
applying for a waiver including application requirements on the Australian Children's Education and Care Quality Authority (ACECQA) website.
- Submit a waiver application via the
National Quality Agenda IT System (NQA IT System) along with the prescribed fee.
Read the following ACECQA resources to guide you through lodging applications:
Assessment of waiver applications
The Regulatory Authority will consider:
- waivers on a case-by-case basis
- whether the approved provider is operating in compliance with all other requirements of the NQF
- whether further information, or an inspection of the service's premises, is required when assessing whether to grant or refuse the waiver.
The Regulatory Authority has up to 60 days to assess a waiver application.
Approved providers should submit their completed application including evidence at least 60 days before they require a decision.
Help and support
Read more about waivers for services under the NQF on the:
If you have questions about waivers, email
ecis@qed.qld.gov.au.