When approved providers must notify the Regulatory Authority
This information on this page applies to approved providers of
- Long Day Care (LDC), Kindergarten, Family Day Care (FDC) and Outside School Hours Care (OSHC) services regulated under the National Quality Framework (NQF) - the Education and Care Services National Law (National Law) and Education and Care Services National Regulations (National Regulations)
- Limited hours and occasional care services regulated under the Victorian Children's Services Act 1996 (CS Act) and Children's Services Regulations 2020 (CS Regulations)
Approved providers must notify the Regulatory Authority, QARD in Victoria, within a set timeframe, if any of the following occurs:
- a serious incident at the service
- the service receives a complaint alleging that:
- a serious incident has occurred while a child is being educated or cared for by the service, or
- that the following law or regulations have been contravened:
- National Law or National Regulations, or
- CS Act or CS Regulations
- an incident or allegations of physical and/or sexual abuse has occurred or is occurring at the service
- any circumstances at the service that pose a risk to the health, safety or wellbeing of a child
- an incident that requires the provider to close, or reduce the number of children attending, the service for a period
- if an additional child, or children, attend the service in an emergency.
To notify the Regulatory Authority of changes to approved provider and service details or changes to a service's usual operating hours see:
Changes to early childhood provider and service details.
Serious incidents
Serious incidents include:
- the death of a child at the service, or following an incident occurring at the service
- any incident involving serious injury or trauma to a child at the service which a reasonable person would consider required urgent medical attention or where the child attended or ought to have attended a hospital
- any incident involving serious illness of a child at the service, where the child attended or ought to have attended a hospital
- any emergency for which emergency services attended
- any circumstance where a child:
- appears to be missing from the service or cannot be accounted for
- appears to have been taken or removed from the service premises in a manner that contravenes the National Regulations or CS Regulations.
- is mistakenly locked in or out of the service premises or any part of the premises.
Timeframe
Within 24 hours of the death or incident or the time the person becomes aware of the death or incident.
Complaints
Approved providers must notify the Regulatory Authority of any complaints alleging that:
- a serious incident has occurred or is occurring while a child was or is being educated and cared for by the service; or
- the National Law or National Regulations or the CS Act or CS Regulations have been contravened.
Complaints about other issues, such as fees charged by a service, do not need to be notified to the Regulatory Authority. The service should handle such complaints in line with complaints policy and procedures.
Timeframe
Within 24 hours of the incident or the time the person becomes aware of the incident.
Circumstances that pose a risk to a child's health, safety or wellbeing
Approved providers must notify the Regulatory Authority about a broad range of circumstances arising at the service that pose a risk to the health, safety or wellbeing of a child.
Examples include, but are not limited to, the following:
- where service premises are in such a state of disrepair or neglect that it would pose a risk to children if they were in attendance.
- where service premises have been damaged by flood or other natural disaster such that the health, safety or wellbeing of any children would be put at risk if they were in attendance.
Timeframe
Within 7 days of the approved provider becoming aware of the situation.
Incidents that require the approved provider to close, or reduce the number of children attending, the service for a period
Approved providers must notify the Regulatory Authority of any incidents that require the service to close temporarily.
For example, where the service premises has closed temporarily due to:
- a localised issue or emergency specific to the service and/or its physical environment
- a public health emergency that would cause immediate risks to children
- bushfire
- flood
- cyclone
This requirement relates to potential risks to the safety, health and wellbeing of children. Approved providers are not required to notify the Regulatory Authority of:
- holiday closures or
- services closures due to staff availability
Timeframe
Within 24 hours of the provider becoming aware of the situation.
If an additional child, or children, attend the service in an emergency or under exceptional circumstances
Approved providers must notify the regulatory Authority if an additional child or children attend the service in an emergency.
Centre based services under the NQF and children's services
Centre based services under the NQF and children's services may care for an additional child or children in an emergency for up to 2 days if the approved provider is satisfied, on reasonable grounds, that it will not affect the health, safety and wellbeing of all the children attending the service.
Examples of an emergency include when:
- a child is determined to be in need of protection under a child protection order
- the parent of a child needs urgent health care that prevents them from caring for the child
Family Day Care (FDC) services
An approved provider may give their approval for a FDC educator to educate and care for additional children in 'exceptional circumstances', which are if:
- all the children being educated and cared for by the FDC educator are siblings in the same family, or
- a child is in need of protection under child protection law, and the FDC educator is the best person to educate and care for the child, or
- the FDC residence or approved FDC venue is in a rural or remote area and no alternative education and care service is available.
Timeframe
- All services must notify the Regulatory Authority within 24 hours of the commencement of the attendance of the child(ren) at the service
Incidents and allegations of physical and sexual abuse
Approved providers must notify the Regulatory Authority of any incidents or allegations of physical or sexual abuse of a child at the service:
- Any Incidents where the approved provider:
- reasonably believes that physical abuse or sexual abuse of a child or children has occurred or is occurring
- while the child is, or the children are being educated and cared for by the service.
- Any allegations that
- physical or sexual abuse of a child or children
- has occurred or is occurring
- while the child or the children are being educated and cared for by the service
If the allegation refers to incidents that are occurring outside the service, you need to notify other agencies including Child Protection
Read about your legal obligations to protect children and who else you need to report to.
Timeframe
Within 7 days of the incident or allegation, or of the approved provider becoming aware of the relevant information.
However, if the allegation is a complaint alleging that a serious incident has occurred or is occurring at the service, it must be notified to the Regulatory Authority within 24 hours of the complaint.
Who else you need to report to
In instances of suspected abuse or risks to the wellbeing of children, approved providers must notify the Regulatory Authority, and may also to need to report to another agency such as:
- Victoria Police
- Child Protection
- Orange Door (previously Child FIRST)
- Victorian Institute of Teaching
- Commission for Children and Young People
How to make a complaint about a service or authorised officer
Read about how to make a complaint about:
- an early childhood service, or
- about an authorised officer or department staff
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