In Queensland, the Early Childhood Regulatory Authority (Regulatory Authority) approves education and care services and service providers regulated under the
Education and Care Services Act 2013 (ECS Act). This page provides guidance on how to apply for a provider and service approval, amending an approval, applying for a waiver, and the decisions and review rights available.
The Regulatory Authority takes a risk-based approach to assessing applications for approval. Read more about our approach, called
Regulating for Quality.
Provider approvals
You must hold a provider approval to operate a Queensland education and care service.
You may apply once you have all the prescribed information and documentation listed below.
For changes to an existing approval, including suspensions, surrenders or other amendments, visit the
changes to approvals section below.
Lodging an application
Submit the following via post or email to the
Regulatory Authority to apply for provider approval:
Assessment process
The Regulatory Authority will assess the application against the requirements under the ECS Act, including suitability of the applicant and any persons with management and control, and make a decision within 60 days.
The Regulatory Authority may request further information from you to assist in deciding the application. If this occurs, you will be notified in writing.
Acting on behalf of an ECS approved provider
Approved providers may wish to authorise another person(s) in their service to act or communicate on their behalf with the Regulatory Authority.
The Regulatory Authority cannot disclose information about a service or service application to anyone other than the approved provider or their persons with management or control. The approved provider remains responsible under the ECS Act for any obligations arising from the duly authorised actions of its authorised representative(s).
Approved providers should seek their own legal advice regarding their legal responsibilities.
To provide authorisation, approved providers should email written advice to the Regulatory Authority at
ecis@qed.qld.gov.au, including:
- name(s) of the authorised person(s)
- applicable education and care services
- details of the intent or scope.
Approved providers must be clear about what matters the authorised person(s) may enact on their behalf. The authorisation may cover all matters or only specific matters, such as making or responding to requests for further information relating to a notification, application and/or the AP’s non-compliance.
Service approvals
Each Queensland education and care service operated by an approved provider requires a service approval that relates to the individual site/premises. An approved provider may hold more than one service approval.
For changes to a service approval, including transfers, suspensions, surrenders or amendments, visit the
changes to approvals section.
Lodging an application
Submit the following via post or email to the relevant regional office to apply for service approval:
Assessment process
The Regulatory Authority will assess the application against the requirements under the ECS Act, including suitability of the premises, and make a decision within 90 days.
The Regulatory Authority may request further information from you to assist in deciding the application. If this occurs, you will be notified in writing.
Exceptional circumstances service approvals
Approved providers may apply for an exceptional circumstances service approval if exceptional circumstances (such as flood, cyclone or fire damage) have caused an existing premises to be unsuitable for education and care.
Approved providers may make the application orally, but will then need to submit the following via post or email to the relevant
regional office:
The Regulatory Authority will decide the application within 7 days.
Waivers
Approved providers who have exhausted all other available options and are having difficulty meeting operational requirements may apply for a waiver for requirements such as physical environment or staffing.
Refer to the
National Quality Framework resource for more information about how the Regulatory Authority considers waivers for the physical environment.
Read
ECS regulation 7 and
ECS regulation 8 for all the requirements which can be waived.
There are 2 types of waivers:
- service waivers which are ongoing and have no specific expiry date
- temporary waivers which are granted for a period of no more than 12 months.
Conditions on service licences issued under the former
Child Care Act 2002 continue to apply under the ECS Act as waivers.
In some circumstances, changing the details of the service approval application may allow the service to operate without needing a waiver, such as reducing the number of children attending the service if there is insufficient outdoor space. Ensure you need a waiver before applying.
Lodging an application
Approved providers should submit their completed application including evidence with their payment at least 60 days before they require a decision.
You can submit service approval and waiver applications at the same time, but the Regulatory Authority will only decide the waiver application once service approval is granted.
To apply for a waiver, submit the following via post or email to the relevant
regional office:
Assessment process
The Regulatory Authority considers waivers on a case-by-case basis. When considering an application for a waiver, the Regulatory Authority will assess whether the approved provider is complying with all other requirements of the ECS Act. The Regulatory Authority may need to inspect the premises to determine whether to grant or refuse the waiver.
The Regulatory Authority has up to 60 days to assess a waiver application.
Extending a waiver
To extend a temporary waiver, submit the
ECS21—application for extension of temporary waiver form via post or email to the relevant
regional office.
A temporary waiver cannot be extended for a period longer than 12 months.
When a waiver is no longer needed
Notify the Regulatory Authority if a waiver is no longer needed by submitting the
ECS20—application for revocation of service waiver form via post or email to the relevant
regional office. The Regulatory Authority will revoke it and re-issue the service approval removing it and any associated conditions.
If circumstances change after the waiver is revoked, for example, a qualified educator leaves, approved providers will need to apply for a new temporary waiver and pay the application fee.
Changes to approvals
Approved providers need to make a further application to make certain changes to their provider or service approvals, including:
- amending their provider or service approval
- voluntarily suspending their provider or service approval
- revoking a voluntary suspension
- extending a transitional approval period
- transferring their service approval
- lifting a suspension on their service approval.
To make an application, submit the following via post or email to the relevant
regional office:
- relevant completed form and any supporting information
-
application fee where necessary.
The following forms contain relevant information about the assessment process and timeframes:
Decisions and reviews
Decisions
Once the assessment of the application or notification is complete, the Regulatory Authority will advise the applicant in writing on the outcome of the decision.
If a provider approval is granted, the Regulatory Authority will issue a copy of the provider approval which must be displayed at the approved provider's service premises once a service approval is granted.
If a service approval is granted, the Regulatory Authority will issue a copy of the service approval which must be displayed at the service premises. Service approvals are granted subject to the conditions in
section 49 of the ECS Act.
The Regulatory Authority may impose additional conditions on provider approvals, service approvals, and transfers.
Reviews
Many decisions made by the Regulatory Authority are subject to internal review procedures, and/or to external review. Outcome letters will always advise the approved provider whether a right to review applies. If an applicant believes the Regulatory Authority’s decision is unreasonable, unfair, or unmeritorious, they may apply to have it reviewed.
Internal review
The
ECS24—application for internal review of reviewable decision form outlines which decisions are eligible for internal review and how to apply.
Internal reviews are undertaken by a person who was not involved in the assessment of the application, including the original decision-maker and any regulatory officers involved in collecting information or preparing recommendations for the original decision.
The Regulatory Authority will conduct the internal review within 30 calendar days of receiving the application, but we may extend the timeframe by up to 30 calendar days by mutual agreement with the applicant.
Queensland Civil and Administrative Tribunal review
Applicants may also apply to the Queensland Civil and Administrative Tribunal (QCAT) to have a range of decisions appealed, including refusals, suspensions and cancellations of provider and service approvals. For a full list of which decisions may be reviewed and how to apply, read page 3 of the
ECS24—application for internal review of reviewable decision form.
Help and support
Read about the Regulatory Authority's licensing processes and how decisions that directly affect services are made:
If you have questions about provider and service approvals, please contact your local
regional office or phone Early Childhood Regulatory Authority on (07) 3328 6780.