The approved provider is the legal entity that is approved to operate an education and care service and has specific legal obligations for managing a service. These obligations are completed by certain people called persons with management or control (PMC).
The Regulatory Authority may assess the management capability of each PMC to operate an education and care service in accordance with the National Law.
Person with management or control
A person with management or control (PMC) is defined as:
- the persons within or outside the approved provider who are responsible for the executive decisions made in relation to the education and care service(s)
- the persons who have significant influence over the activities or delivery of the service.
Australian Children's Education and Care Quality Authority (ACECQA) has published information for both
prospective (PDF, 316KB) and
existing (PDF, 407KB) approved providers to identify who is a PMC in relation to their service.
Each PMC must be, and remain, a
fit and proper person to be involved with children's education and care. A PMC has the same legal responsibility for the safety, health and wellbeing of children at their service as an approved provider.
Depending on the business structure of the provider or intended provider, a PMC could be:
- an officer of a body corporate
- a member of the association's executive committee
- a partner in a partnership arrangement
- a person in a management position who has the responsibility for, or significant influence over, decisions affecting the delivery of children's education and care.
If an applicant intends to engage a management company to run the proposed education and care service, they must provide evidence of the support and management arrangements, for example, a copy of the contract. However, a PMC is responsible for the operation of an education and care service in accordance with the National Law and cannot divest their obligations to a management company. They will therefore be required to provide evidence of management capability which may include completion of the online assessment and/or attendance at an interview.
Assessing a person with management or control
All PMCs identified by either a prospective or existing provider as meeting the definition must be, and must remain, fit and proper persons to be involved with the provision of education and care.
The Regulatory Authority will assess a person's management capability (as indicated on the
PA02 form), including their knowledge of the National Quality Framework (NQF) using a risk-based approach.
Supporting evidence of management capability may be provided by:
- resume evidencing management capability
- written reference
- qualification
- certification.
Evidence of general management capability can include previous expertise, experience or a qualification in a leadership, governance, administrative or management role in a:
- business
- not-for-profit organisation
- sporting or social club
- community-based committee.
This may include experience as a volunteer.
In order to assess management capability, the Regulatory Authority may also require PMCs to complete an online, multiple-choice assessment. The assessment is a nationally consistent and rigorous way of requiring applicants to demonstrate their knowledge of the National Law and National Regulations and the responsibilities and obligations of an approved provider. Further information regarding the online assessment is available in the
ACECQA newsletter.
If an applicant or PMC is invited to complete the online assessment, they must confirm their attendance by the due date on the invitation and complete an online identity check prior to the assessment.
During the assessment, applicants may access the National Law and National Regulations, and ACECQA's Guide to the NQF via PDF on the online assessment platform.
In addition to completing the online assessment, the Regulatory authority may request applicants attend an interview.
Information for people becoming a person with management or control
To prepare for the online assessment, prospective PMCs are strongly encouraged to complete the National Law and Child Care Subsidy Approval eLearning course developed by ACECQA to learn about their roles and responsibilities.
Changes to persons with management or control
Approved providers must notify the Regulatory Authority about the removal or appointment of any new members of their governing bodies or committees within 14 days of the event (or within 14 days of becoming aware of it) under section 173 of the National Law and section 174 of the National Regulations.
For example, in the case of associations (such as incorporated, unincorporated, and parents and citizens), this includes new members of the executive or management committee.
The various types of associations may use different terminology for their executive/management committee members but generally position titles (such as president, treasurer, secretary, vice-president) are similar.
Office holders in associations must be familiar with the relevant legislation that applies to their particular governance structure (for example, the
Associations Incorporation Act 1981 (Qld) or
Education (General Provisions) Act 2006 (Qld)) and know their association's particular rules or constitution in relation to officeholder positions.
The Regulatory Authority must assess the fitness and propriety of any new persons with management or control. They will therefore be required to provide evidence of management capability which may include completion of the online assessment and/or attendance at an interview.
Details of who is recorded as a person with management or control of an organisation are available on the
National Quality Agenda IT System (NQA ITS).
Approved providers must notify the Regulatory Authority of 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. Read more about
notification of changes to approved provider including required timeframes.
More information
Read the relevant legislation on management capability requirements:
-
Education and Care Services National Law
- Section 12—Applicant must be fit and proper person
- Section 13—Matters to be taken into account in assessing whether fit and proper person
- Section 21—Reassessment of fitness and propriety
- Section 173—Offence to fail to notify certain circumstances to Regulatory Authority
- Section 174—Offence to fail to notify certain information to Regulatory Authority
Help and support
If you have questions about provider approvals, including fitness and propriety requirements, please email
ecis@qed.qld.gov.au.