Enforcing compliance in early childhood services

QARD’s approach to ensuring compliance in all approved early childhood services.

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Overview

The Regulatory Authority is responsible for enforcing compliance with the following legislation:

Our regulatory approach

Enforcement action may be taken when providers and services:

  • do not comply with legislation
  • where there is deliberate or repeated non-compliance.

We take a risk-based approach to enforcement of all legislation. Our response depends on what non-compliances our authorised officers detect at the service.

We analyse each case, and decide on the appropriate enforcement action based on:

  • the risk to children’s safety, health and wellbeing
  • the type of non-compliance we find
  • the number of non-compliances at the service.

We will take stronger enforcement action if the non-compliance is:

  • more serious
  • when the service continues to fail to comply

Usually, we begin with less serious enforcement action and move to more serious options, however this depends on the seriousness of the situation.

Read more about our Regulatory Framework:

Types of enforcement action

We can take enforcement action against:

  • approved providers
  • nominated supervisors/persons in day to day control
  • FDC educators.

Our enforcement options include:

  • taking administrative actions, such as:
    • holding formal regional meetings
    • issuing warning notices
    • additional monitoring
  • imposing statutory sanctions, such as:
    • imposing conditions on service or provider approval
    • cancelling service or provider approval
    • suspension of service or provider approval
    • compliance notices and directions
    • emergency action notices
    • enforceable undertakings
    • prohibiting an individual
  • taking civil or criminal court action including (but not limited to) prosecution against:
    • individuals
    • providers.

As an integrated sector regulator we can also take enforcement action for non-compliance with the Child Safe Standards using our powers under the National Law or the CS Act.

Publication of enforcement actions

The Regulatory Authority may publish prescribed information about statutory sanctions at Published enforcement and approval decision actions.

Education

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