Enforcement action information that may be published
We publish information on enforcement action taken under the following legislation:
- Education and Care Services National Law Act 2010 (National Law)
- Education and Care Services National Regulations (National Regulations)
- Children’s Services Act 1996 (CS Act)
- Children’s Services Regulations 2020 (CS Regulations)
- the Child Safe Standards (CSS) part of the Child Wellbeing and Safety Act 2005 (CSWA).
The National Law and National Regulations allow the following enforcement actions to be published:
- compliance notices
- prosecutions
- enforceable undertakings
- suspension or cancellation of a provider approval or service approval
- amendment made to a service or provider approval
- emergency action notice.
The following information may be published about the enforcement action:
- the service name and address (if applicable)
- the approved provider name/number
- the nature of the enforcement action
- reason for taking enforcement action
- the date of the enforcement action
- details of enforcement action.
Information that cannot be published
Information that could identify an individual other than the approved provider or nominated supervisor or a person who is being prosecuted of an offence against the Law.
The enforcement actions and list of significant improvement required ratings are also provided.
A person or an approved provider subject to the enforcement action may apply to the department to request the removal of information from the web site.
Enforcement and Compliance Action - National Quality Framework
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Significant Improvement Required (SIR) rated services
Significant improvement required is the lowest rating level and is only given if the Regulatory Authority has determined that the education and care service is operating in a manner which presents an unacceptable risk to the safety, health or well-being of any child or children being educated and cared for by the service.
Children’s Services Act 1996
To read the about enforcement and compliance action taken under the Children’s Services Act 1996 since 25 May 2009:
Updated