The Regulatory Authority is responsible for enforcing compliance with the following legislation:
- Education and Care Services National Law Act (National Law)
- Education and Care Services National (National Regulations)
- Children’s Services Act (CS Act)
- Children’s Services Regulations (CS Regulations)
- the Child Safe (CSS) creatd by the Child Wellbeing and Safety Act (CSWA).
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(s) are:
- 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
Our enforcement options include:
- taking administrative actions, such as:
- regional meetings
- warning notice
- formal meetings
- 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 notice
- enforceable undertaking
- prohibiting an individual
- taking civil or criminal court action including (but not limited to) prosecution against:
As an integrated sector regulator we can also take enforcement action for non-compliance with the CSS 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 .
Reviewed 04 April 2023