We use a variety of methods in our daily work to monitor compliance with the following legislation:
- the National Law
- the Education and Care Services National Regulations (National Regulations)
- the Children’s Services Act (CS Act)
- the Children’s Services Regulations (CS Regulations)
- the Child Safe Standards (part of the Child Wellbeing and Safety Act).
On 1 January 2023, the Regulatory Authority became an integrated regulator of the Child Safe Standards (CSS) in early childhood services. During visits AOs now monitor how services are meeting the CSS as part of their visits.
We may also visit a service:
- as a result of a notification
- in response to a complaint
- because of information received from stakeholders
- as part of an investigation.
The information gathered in these visits alerts to us potential risks to the safety, health and wellbeing of children. These visits may also form part of an investigation.
Read more about:
- how we monitor providers and services in our Monitoring Compliance Policy.
- how we alleged breaches of the legislation.
Authorised Officers (AOs)
AOs visit early childhood services to:
- monitor their compliance with the law and regulations of both the NQF and the CS Act
- investigate any incidents, notifications and complaints
- conduct assessment and rating visits and
- assist in assessing applications for provider and service approval.
- search the premises
- inspect the premises or anything at it
- photograph, film or make audio recordings of anything at the premises
- copy, or take an extract from a document at the premises
- require a person at the premises to give an AO information to help them:
- monitor compliance
- conducting an investigation or
- undertake an assessment and rating visit.
Under both the National Law and the CS Act it is an offence to:
- obstruct an AO
- fail to assist an AO
- destroy or damage notices or documents
- impersonate an AO
- provide false or misleading information or documents.
They also support services by offering advice and guidance on compliance issues.
When minor or low-risk issues are identified, our approach is to:
- inform and educate
- providing education and support to help services comply with their obligations.
If a stronger approach is required we may take compliance and enforcement action to motivate services and providers to comply.
Reviewed 04 April 2023