Checking a person’s prohibition status

​​​​​This page provides information for approved providers of early childhood services captured under the National Quality Framework and the Education and Care Services Act 2013​ (ECS Act).

The Regulatory Authority may prohibit a person from providing education and care or from holding specific roles in a service, such as nominated supervisor, because they may pose an unacceptable risk of harm to children.

It is an offence for an approved provider to employ or continue to employ a prohibited person or to appoint a prohibited person to a particular role (section 188 of the National Law​ and section 203 of the ECS Act).

This includes engaging people as educators, family day care educators, employees, contractors, staff members and volunteers.

Approved providers should have processes in place to ensure staff are suitable to provide education and care at recruitment or at any stage of employment.

Consider the following recommendations for when and how to check a person’s prohibition status.

Ask potential staff and vol​unteers at recruitment

National Law servic​es

1. Ask the prospective staff member or volunteer if they are prohibited from providing education and care or aware of any enforcement action the Regulatory Authority may have taken against them (approved providers of National Law services).
   
2. Ask for a signed declaration confirming their prohibition status. Download a prohibition notice declaration for prospective staff members template from the Australian Children’s Education and Care Quality Authority’s (ACECQA) website​.
   
3. ​Log on to the National Quality Agenda IT System (NQA IT System), find the register of prohibited persons and suspended educators, and do a name search.
4. Contact the Regulatory Authority on regulation@qed.qld.gov.au​ if the person is on the register to confirm the information.
   
5. Keep the information on file as a record of due diligence to show the Regulatory Authority if asked.
   

ECS Act se​rvices

1. Ask the prospective staff member or volunteer if they are prohibited from providing education and care, or aware of any enforcement action the Regulatory Authority may have taken against them (approved providers of ECS Act services).
   
2. Ask for a signed declaration confirming their prohibition status. Download the prohibition notice declaration for prospective staff members from the ACECQA website and adapt the template to suit a service captured under the ECS Act.
   
3. Contact your local regional office​ to check if the potential staff member or volunteer is a prohibited person.
   
4. Keep the information on file as a record of due diligence to show the Regulatory Authority if asked.

Check the prohibited persons​​ register at any time

National Law services

1. Log on to the NQA IT System portal, find the register of prohibited persons and suspended educators and do a name search of the current or potential staff member (approved providers of National Law services only).
2. Contact the Regulatory Authority on regulation@qed.qld.gov.au​ if the person is on the register to confirm the information.
3. Keep the information as a record of due diligence to show the Regulatory Authority if asked.

ECS Act services

1. Contact your local regional office​ to check if a current or potential staff member or volunteer is a prohibited person (approved providers of ECS Act services only).
   
2. Keep the information on file as a record of due diligence to show the Regulatory Authority if asked.
   

Check a person’s blue card status at any time

The Regulatory Authority is required under the National Law and the ECS Act to notify Blue Card Services when they issue someone with a prohibition notice.

This notification may result in a review of the person’s eligibility to hold a positive notice blue card​.

Approved providers can use the Blue Card Services Organisation Portal​ to check that a staff member or volunteer continues to hold a positive notice blue card or exemption card.

Use blue card status as an additional way of determining staff suitability and always confirm a person’s prohibition status separately.

Help and support​

• Visit the NQA IT System page for service desk support contact information, user guides, resources and research.
  
• Email the Regulatory Authority on regulation@qed.qld.gov.au to confirm prohibition status after checking the register of prohibited persons on the NQA IT System.
  
• Contact your closest regional office for all other enquiries about prohibited persons.
• Contact ​Blue Card Services​ for more information about the blue card system.​