The Early Childhood Regulatory Authority (Regulatory Authority) is responsible for investigating allegations of breaches of the legislation and any risk of harm to children’s health, safety and wellbeing. Investigations help determine what happened and who is responsible, as well as how to prevent recurrence and strengthen controls.
Approved providers of education and care services are often able to resolve matters at an early stage by speaking with the educators, families or complainants involved. In cases where risk of harm to children is identified, and more information is needed to determine what has occurred, the Regulatory Authority may decide to investigate.
The Regulatory Authority applies the principles of fairness and natural justice to every investigation, with the rights and best interests of children at the forefront.
Entry to premises
Authorised officers have the power to enter education and care service premises to investigate when they reasonably suspect an offence has occurred or may be occurring (National Law section 199).
Investigative actions
Investigations may involve authorised officers:
- asking questions of witnesses (including staff, parents or community members)
- asking questions of the person who may have committed the breach
- reviewing documents and taking copies/photographs of relevant documents and discussing these with witnesses or the person who may have committed the breach
- making observations and taking photos of relevant evidence
- receiving intelligence from other government agencies such as Queensland Police Service, Blue Card Services and so on.
Investigative interviews
One of the ways that the Regulatory Authority gathers information about what has happened when non-compliance is alleged, is to interview people who may have relevant information. Whist it can be daunting to participate in an interview, it is an important part of the process to ensure the safety, health and wellbeing of children and prevent the recurrence of incidents and non-compliance.
If you are asked to attend an interview, the RA will provide you with information about how to prepare and what to expect during and after an investigative interview.
Time frames
The duration of an investigation will depend on the volume and complexity of evidence, and potential involvement of other agencies. Authorised officers do their best to keep those involved informed about the progress of the investigation, however this is not always possible depending on the sensitivity and involvement of other agencies.
Outcomes
There can be a number of outcomes as a result of an investigation. Decisions and actions taken are made following a risk assessment to determine an appropriate and proportional regulatory response. For more information, read the Regulatory Authority's risk-based framework,
Regulating for Quality.
Some of the possible responses an investigation may trigger include:
- no further action, provision of information or guidance, or a reminder of obligations letter—for example if no breaches of the legislation are confirmed, or if the approved provider has put sufficient measures in place to address the non-compliance and prevent future recurrence
- issuing a compliance notice or compliance direction—for example if there are confirmed breaches and steps need to be taken by the approved provider to come into compliance
- taking serious enforcement action—for example suspension or cancellation of approvals, prohibitions notices, prosecution. Read more about
serious enforcement actions.
Some decisions made as a result of an investigation are subject to internal and or external review. Read more about
compliance decisions and reviews.
Help and support
Read more about
Regulatory Authority powers and conducting investigations in the Guide to the National Quality Framework.
For assistance with investigations, please contact your
regional office.