The Regulatory Authority investigates and responds to non-compliance when it receives intelligence (including through notifications, complaints or service visits) about possible breaches of the legislation.
Compliance
In any large industry, there are instances of non-compliance. Breaches of the National Law and National Regulations are often minor or technical in nature and most approved providers are willing and able to work with the Regulatory Authority to address non-compliance when identified.
In Queensland, there is a high degree of service compliance. When non-compliance occurs, the Regulatory Authority takes prompt and proportionate action to ensure children’s health, safety and wellbeing is maintained.
Compliance actions taken
The table below shows the number of statutory compliance actions issued by the Regulatory Authority in Q4, 2022–23 FY. Figures are provided for earlier quarters for comparison.
| Compliance notice issued | 117
| 129
| 108
| +8.3% |
| Compliance direction issued | 35
| 30
| 28
| +25.0% |
| Emergency action notice issued | 20
| 28
| 17
| +17.6%
|
| Prohibition notice issued | 3
| 2
| 3
| 0.0%
|
Inappropriate person excluded
| 1
| 0
| 1
| 0.0%
|
Show cause
| 2
| 4
| 0
| +200.0%
|
| Notice of suspension issued | 0 | 0
| 1
| -100.0%
|
| Prosecution initiated | 0 | 1
| 1
| -100.00%
|
Condition imposed
| 0
| 0 | 0
| N/A
|
| Enforceable undertaking | 2
| 0 | 0
| +200.0%
|
Approval cancelled
| 0 | 0
| 0
| N/A |
| Total |
180 |
194 |
159 |
+13.2% |
Top 5 breaches of the National Law
The table below shows the top 5 most common breaches* of the National Law in Queensland in Q4, 2022–23 FY. The top 5 breaches in earlier quarters are listed for comparison.
Top 5 breaches this quarter (Q4, 2022–23 FY)
| National Law breach | Number of breaches |
|---|
| s165 Offence to inadequately supervise children | 149
|
| s167 Offence relating to protection of children from harm and hazards | 97
|
s174 Offence to fail to notify certain information to Regulatory Authority
| 55
|
s166 Offence to use inappropriate discipline
| 49
|
s172 Offence to fail to display prescribed information
| 33 |
Top 5 breaches previous quarter (Q3, 2022–23 FY)
| National Law breach | Number of breaches |
|---|
| s167 Offence relating to protection of children from harm and hazards | 115
|
| s165 Offence to inadequately supervise children | 112
|
| s166 Offence to use inappropriate discipline | 48
|
s174 Offence to fail to notify certain information to Regulatory Authority
| 45
|
| s172 Offence to fail to display prescribed information | 43 |
Top 5 breaches same quarter last year (Q4, 2021–22 FY)
| National Law breach | Number of breaches |
|---|
| s165 Offence to inadequately supervise children | 87
|
| s167 Offence relating to protection of children from harm and hazards | 66
|
| s172 Offence to fail to display prescribed information | 52
|
| s174 Offence to fail to notify certain information to Regulatory Authority | 41
|
s169 Offence relating to staffing arrangements
| 30
|
Top 5 breaches of the National Regulations
The table below shows the top 5 most common breaches* of the National Regulations in Queensland in Q4, 2022–23 FY. The top 5 breaches in earlier quarters are listed for comparison.
Top 5 breaches this quarter (Q4, 2022–23 FY)
| National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 282
|
| r97 Emergency and evacuation procedures | 114
|
| r170 Policies and procedures to be followed | 69
|
r160 Child enrolment records to be kept by approved provider and family day care educator
| 32
|
r77 Health, hygiene and safe food practices
| 28
|
Top 5 breaches previous quarter (Q3, 2022–23 FY)
| National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 267
|
| r97 Emergency and evacuation procedures | 124
|
r170 Policies and procedures to be followed
| 60
|
r77 Health, hygiene and safe food practices
| 46
|
r118 Educational leader
| 39
|
Top 5 breaches same quarter last year (Q4, 2021–22 FY)
| National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 204
|
r97 Emergency and evacuation procedures
| 116
|
| r170 Policies and procedures to be followed | 47
|
| r160 Child enrolment records to be kept by approved provider and family day care educator | 30
|
r89 First aid kits
| 29
|
Top 5 breaches of the National Law and National Regulations by service type
The table below shows the top 5 most common breaches* of the National Law and National Regulations in Queensland in Q4, 2022–23 FY by National Quality Framework service type.
Long day care
| National Law and National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 204
|
s165 Offence to inadequately supervise children
| 100
|
r97 Emergency and evacuation procedures
| 73
|
s167 Offence relating to protection of children from harm and hazards
| 71
|
r170 Policies and procedures to be followed
| 54 |
Outside school hours care
| National Law and National Regulations breach | Number of breaches |
|---|
| s165 Offence to inadequately supervise children | 35
|
r103 Premises, furniture and equipment to be safe, clean and in good repair
| 28
|
r97 Emergency and evacuation procedures
| 22
|
s167 Offence relating to protection of children from harm and hazards
| 19
|
s169 Offence relating to staffing arrangements
| 19
|
Kindergarten
| National Law and National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 39
|
| r97 Emergency and evacuation procedures | 13
|
s165 Offence to inadequately supervise children
| 8
|
| r118 Educational leader | 6
|
r145 Staff record
| 6
|
Family day care
| National Law and National Regulations breach | Number of breaches |
|---|
| r103 Premises, furniture and equipment to be safe, clean and in good repair | 11 |
| r97 Emergency and evacuation procedures | 6
|
| s165 Offence to inadequately supervise children | 5
|
| s167 Offence relating to protection of children from harm and hazards | 4
|
r104 Fencing
| 3 |
*In instances where ranking results in more than 5 breaches in the top 5, the Regulatory Authority will select the National Law section or National Regulation that typically presents the greatest risk to children when breached.