The Regulatory Authority investigates and responds to non-compliance when it receives intelligence (including through notifications, complaints or service visits) about possible breaches of the legislation.
Compliance
In any large industry, there are instances of non-compliance. Breaches of the National Law and National Regulations are often minor or technical in nature and most approved providers are willing and able to work with the Regulatory Authority to address non-compliance when identified.
In Queensland, there is a high degree of service compliance. When non-compliance occurs, the Regulatory Authority takes prompt and proportionate action to ensure children’s health, safety and wellbeing is maintained.
Compliance actions taken
The table below shows the number of statutory compliance actions issued by the Regulatory Authority in Q1, 2024–25 FY. Figures are provided for earlier quarters for comparison.
| Compliance notice issued | 188 | 156 | 178 | +5.6% |
| Compliance direction issued | 32 | 28 | 43 | -25.6% |
Prohibition notice issued
| 8 | 1 | 2 | 300.0% |
| Emergency action notice issued | 7 | 12 | 15 | -53.3% |
Enforceable undertaking issued
| 2 | 9 | 1 | 100.0% |
Show cause
| 2 | 6 | 3 | -33.3% |
Approval amended
| 1 | – | – | N/A |
Prosecution initiated
| 1 | – | – | N/A |
Condition imposed
| – | – | 2 | N/A |
Inappropriate person excluded
| – | – | – | – |
Notice of suspension issued
| – | – | – | – |
Total
|
241 | 212 |
244 |
-1.2% |
Top 5 breaches of the National Law
The table below shows the top 5 most common breaches* of the National Law in Queensland in Q1, 2024–25 FY. The top 5 breaches in earlier quarters are listed for comparison.
Top 5 breaches this quarter (Q1, 2024–25 FY)
| National Law breach | Number of breaches |
|---|
| s165 Offence to inadequately supervise children | 212 |
| s167 Offence relating to protection of children from harm and hazards | 134 |
| s166 Offence to use inappropriate discipline | 92 |
| s174 Offence to notify certain information to Regulatory Authority | 64 |
| s177 Compliance notices | 41 |
Top 5 breaches previous quarter (Q4, 2023–24 FY)
| National Law breach | Number of breaches |
|---|
| s165 Offence to inadequately supervise children | 166 |
| s167 Offence relating to protection of children from harm and hazards | 123 |
| s166 Offence to use inappropriate discipline | 92 |
s174 Offence to fail to notify certain information to Regulatory Authority | 74 |
s169 Offence relating to staffing arrangements
| 31 |
Top 5 breaches same quarter last year (Q1, 2023–24 FY)
| National Law breach | Number of breaches |
|---|
| s165
Offence to inadequately supervise children | 150 |
s167
Offence relating to protection of children from harm and hazards
| 129 |
| s166 Offence to use inappropriate discipline | 52 |
| s174 Offence to fail to notify certain information to Regulatory Authority | 51 |
s169 Offence relating to staffing arrangements
| 22 |
Top 5 breaches of the National Regulations
The table below shows the top 5 most common breaches* of the National Regulations in Queensland in Q1, 2024–25 FY. The top 5 breaches in earlier quarters are listed for comparison.
Top 5 breaches this quarter (Q1, 2024–25 FY)
| National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 128 |
| r97 Emergency and evacuation procedures | 103 |
| r170 Policies and procedures to be followed | 94 |
| r155 Interaction with children | 42 |
r99 Children leaving the education and care service premises | 42 |
Top 5 breaches previous quarter (Q4, 2023–24 FY)
| National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 157 |
| r97 Emergency and evacuation procedures | 134 |
r170 Policies and procedures to be followed
| 76 |
r77 Health, hygiene and safe food practices
| 58 |
| r160 Child enrolment records to be kept by approved provider and family day care educator | 44 |
Top 5 breaches same quarter last year (Q1, 2023–24 FY)
| National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 257 |
r97 Emergency and evacuation procedures
| 96 |
| r170 Policies and procedures to be followed | 61 |
r77 Health, hygiene and safe food practices | 41 |
r155 Interaction with children
| 35 |
Top 5 breaches of the National Law and National Regulations by service type
The table below shows the top 5 most common breaches* of the National Law and National Regulations in Queensland in Q1, 2024–25 FY by National Quality Framework service type.
Long day care
| National Law and National Regulations breach | Number of breaches |
|---|
| r165 Offence to inadequately supervise children | 159 |
s167 Offence relating to protection of children from harm and hazards | 104 |
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 103 |
s166 Offence to use inappropriate discipline | 80 |
r170 Policies and procedures to be followed
| 69 |
Outside school hours care
| National Law and National Regulations breach | Number of breaches |
|---|
| s165 Offence to inadequately supervise children | 43 |
r99 Children leaving the education and care service premises
| 29 |
r97 Emergency and evacuation procedures
| 27 |
| s167 Offence relating to protection of children from harm and hazards | 23 |
r170 Policies and procedures to be followed
| 23 |
Kindergarten
| National Law and National Regulations breach | Number of breaches |
|---|
| r97 Emergency and evacuation procedures | 11 |
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 7 |
|
s165 Offence to inadequately supervise children | 5 |
r173 Prescribed information to be displayed
| 3 |
r160 Child enrolment records to be kept by approved provider and family day care educator
| 2 |
Family day care
| National Law and National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 7 |
| s165 Offence to inadequately supervise children | 5 |
s167 Offence relating to protection of children from harm and hazards
| 5 |
r100 Risk assessment must be conducted before excursion | 2 |
r102 Authorisation for excursions
| 2 |
*In instances where provisions in the top 5 have an equal number of breaches in the reporting period, the Regulatory Authority will select the National Law section or National Regulation that typically presents the greatest risk to children when breached.