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 Q3, 2023–24 FY. Figures are provided for earlier quarters for comparison.
| Compliance notice issued | 134 | 201 | 134 | No change |
| Compliance direction issued | 39 | 50 | 30 | +30.0% |
| Emergency action notice issued | 16 | 15 | 28 | -42.9%
|
Show cause
| 10 | 16 | 5 | +100.0% |
Enforceable undertaking issued
| 8
| 1
| 0
| N/A
|
Prohibition notice issued
| 7 | 3 | 2 | +250.0%
|
Prosecution initiated
| 2 | 0
| 1 | +100.0% |
Approval amended
| 1 | 0 | 0 | N/A
|
Inappropriate person excluded
| 1
| 0 | 0
| N/A
|
Notice of suspension issued
| 0 | 1 | 0
| No change
|
Total
|
218 |
287 |
200 |
+9.0% |
Top 5 breaches of the National Law
The table below shows the top 5 most common breaches* of the National Law in Queensland in Q3, 2023–24 FY. The top 5 breaches in earlier quarters are listed for comparison.
Top 5 breaches this quarter (Q3, 2023–24 FY)
| National Law breach | Number of breaches |
|---|
| s165 Offence to inadequately supervise children | 125 |
| s167 Offence relating to protection of children from harm and hazards | 115
|
s174 Offence to fail to notify certain information to Regulatory Authority
| 67
|
| s166 Offence to use inappropriate discipline | 55
|
s169 Offence relating to staffing arrangements
| 30
|
Top 5 breaches previous quarter (Q2, 2023–24 FY)
| National Law breach | Number of breaches |
|---|
| s165 Offence to inadequately supervise children | 179 |
| s167 Offence relating to protection of children from harm and hazards | 122
|
| s174 Offence to fail to notify certain information to Regulatory Authority | 54
|
| s177 Compliance notices | 38 |
s166 Offence to use inappropriate discipline
| 37
|
Top 5 breaches same quarter last year (Q3, 2022–23 FY)
| National Law breach | Number of breaches |
|---|
| s167 Offence relating to protection of children from harm and hazards | 116
|
s165 Offence to inadequately supervise children
| 113
|
| s166 Offence to use inappropriate discipline | 48
|
| s174 Offence to fail to notify certain information to Regulatory Authority | 46 |
s172 Offence to fail to display prescribed information
| 43
|
Top 5 breaches of the National Regulations
The table below shows the top 5 most common breaches* of the National Regulations in Queensland in Q3, 2023–24 FY. The top 5 breaches in earlier quarters are listed for comparison.
Top 5 breaches this quarter (Q3, 2023–24 FY)
| National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 200
|
| r97 Emergency and evacuation procedures | 125
|
| r170 Policies and procedures to be followed | 66
|
| r77 Health, hygiene and safe food practices | 47 |
r87 Incident, injury, trauma and illness record
| 44
|
Top 5 breaches previous quarter (Q2, 2023–24 FY)
| National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 242
|
| r97 Emergency and evacuation procedures | 103
|
r170 Policies and procedures to be followed
| 64
|
r77 Health, hygiene and safe food practices
| 61
|
| r155 Interactions with children | 52
|
Top 5 breaches same quarter last year (Q3, 2022–23 FY)
| National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 268
|
r97 Emergency and evacuation procedures
| 124
|
| r170 Policies and procedures to be followed | 60
|
| r77 Health, hygiene and safe food practices | 46
|
r118 Educational leader
| 39
|
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 Q3, 2023–24 FY by National Quality Framework service type.
Long day care
| National Law and National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 149
|
| s167 Offence relating to protection of children from harm and hazards | 95
|
r97 Emergency and evacuation procedures
| 92
|
| s165 Offence to inadequately supervise children | 91
|
s170 Policies and procedures to be followed
| 58
|
Outside school hours care
| National Law and National Regulations breach | Number of breaches |
|---|
| s165 Offence to inadequately supervise children | 31
|
r103 Premises, furniture and equipment to be safe, clean and in good repair
| 23
|
s174 Offence to fail to notify certain information to Regulatory Authority
| 19
|
r97 Emergency and evacuation procedures
| 18
|
s167 Offence relating to protection of children from harm and hazards
| 15
|
Kindergarten
| National Law and National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 23 |
r97 Emergency and evacuation procedures
| 13
|
s165 Offence to inadequately supervise children
| 3
|
s174 Offence to fail to notify certain information to Regulatory Authority
| 3
|
r75 Information about educational program to be kept available
| 3 |
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
| 5
|
| s167 Offence relating to protection of children from harm and hazards | 2
|
s172 Offence to fail to display prescribed information
| 2
|
r77 Health, hygiene and safe food practices
| 2
|
r97 Emergency and evacuation procedures
| 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.