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Notifying the early childhood Regulatory Authority about incidents and complaints

Information about when approved providers must notify the Regulatory Authority about serious incidents, complaints, and other circumstances.

On this page:

Overview

Providers must notify the Regulatory Authority if:

  • there is a serious incident
  • complaint
  • allegations of abuse that occur at their service
  • circumstances that pose a risk to the health, safety or wellbeing of a child
  • changes to hours of operation
  • If an additional child, or children, are attending the service in any emergency
  • if the service needs to close due to an incident such as a flood or fire.

This obligation applies to all providers approved under National Quality Framework (NQF) and the Children’s Services Act (CS Act).

Providers must notify the department in the following situations.

Serious incidents

Serious incidents include:

  • the death of a child while being educated and cared for by the service or following an incident occurring while being educated and cared for by a service
  • any incident involving serious injury, trauma or illness of a child while being educated and cared for by a service (i.e. a reasonable person would consider urgent medical attention is needed or that the child needed to attend a hospital)
  • any emergency for which emergency services attended
  • any circumstance where a child being educated and cared for by the service:
    • appears to be missing or cannot be accounted for
    • appears to have been taken or removed from the service premises in a manner that contravenes the National Regulations where children are mistakenly locked in or out of the service premises or any part of the premises.

Timeframe

Within 24 hours of the incident or the time the person becomes aware of the incident.

How to notify

NQF providers must:

CS Act providers must:

References

  • National Law: section 174(2)(a) and section 174A (FDC), National Regulations: regulation 176(2)(a). CS Act: section 114(2), CS Regulations: regulations 117 and 119.
  • Providers must also notify parents as soon as possible, or within 24 hours after the occurrence, if a child is involved in any incident, injury, trauma or illness while the child is being educated and cared for by the children’s service (National Regulations r86 and CS Regulations r55).
  • Services must also follow their incident, injury, trauma or illness policies and procedures. This must include completing the Incident, Injury, Trauma or Illness Record as soon as possible, or within 24 hours after the occurrence or onset of the illness.
  • National Regulations: regulation 87; CS Regulations: regulation 56.

Complaints

Providers must notify the department 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 the CS Act or Regulations have been contravened.

Timeframe

Within 24 hours of the incident or the time the person becomes aware of the incident.

How to notify

NQF providers must:

CS Act providers must:

For information about how members of the public, parents, or others can complain about a serious incident or other allegations that the law has been breached by a service refer to Complaints.

References

National Law: section 174(2)(a), National Regulations: regulation 176(2)(a). CS Act: section 114(2), CS Regulations: regulations 118 and 119.

Complaints about the other issues, such as fees, should be handled by the service and do not need to be notified.

For information about making a complaint about an authorised officer or department staff refer to Complaints.

Circumstances that pose a risk to a child's health, safety, or wellbeing

Providers must notify in a broad range of situations that pose a risk to the health, safety or wellbeing of a child.

Examples include, but are not limited to, the following:

  • inappropriate discipline at the service.
  • 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.

Resource

ACECQA Guide to the NQF: Health and Safety.

How to notify

NQF providers must:

CS Act providers must:

Timeframe

Within 7 days of the provider becomes aware of the situation.

References

National Law: section 174(2)(c), National Regulations: regulation 176(2)(c). CS Act: section 114(2), CS Regulations: regulation 118(2)(c).

Changes to the service's hours and days of operation

How to notify

NQF providers must:

  • notify online via the National Quality Agenda IT System (NQA ITS).

CS Act providers must:

Timeframe

Within 7 days of the provider becomes aware of the situation.

Incidents that require the provider to close, or reduce the number of children attending, the service

For example, where the service premise is in a state of disrepair or there has been a natural disaster, such as flooding, which has damaged the premises in such a way that it poses a risk to children.

How to notify

NQF providers must:

  • notify online via the National Quality Agenda IT System (NQA ITS).

CS Act providers must:

Timeframe

Within 7 days of the provider becomes aware of the situation.

If an additional child, or children, are attending the service in any emergency

Timeframe

Within 24 hours of the commencements of the child(ren) at the service

How to notify

NQF providers must:

  • notify online via the National Quality Agenda IT System (NQA ITS).

CS Act providers must:

References

National Law: section 174(2)(c), National Regulations: regulation 175(2)(a)(b) and (ca). CS Act: section 114(2)(c), CS Regulations: regulation 118(2)(a)(b) and (d) and 119(2)(c) and (d).

Incidents and allegations of physical and sexual abuse

Providers must report any incidents and allegations of physical and sexual abuse of a child that occurs at the service to the department.

  • 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 education and care service.
  • Allegations that physical 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 education and care service (other than an allegation of a complaint alleging a serious incident or the National Law and/or the National Regulations has been contravened).

These notifications are only required where the incident or allegation relates to a child or children being educated and cared for by the service. Refer to links on this page for how to notify.

If the allegation refers to incidents that are occurring outside the service, you should notify Child Protection. For more information refer to Child Safety.

If there is any sexualised behaviour or other inappropriate conduct amongst children, services should first consider whether it is inappropriate for the children’s developmental stage.

If the behaviour raises any suspicions of sexual or physical abuse of children, the service should carefully observe and document the behaviours and notify Child Protection/Child Safety.

How to notify

NQF providers must:

  • notify online via the National Quality Agenda IT System (NQA ITS).

CS Act services must:

Timeframe

Within 24 hours of the incident or the time the person becomes aware of the incident.

References

National Act: section 174(2)(a), National Regulations: regulation 175(2)(a)(d) and 175(2)(e). CS Act: section 114, National Regulations: regulations 118(e) and (f).

Who else you need to report to

In instances of suspected abuse or risks to the wellbeing of children, providers need to report to the department, and may also to another agency such as:

  • Victoria Police
  • Child Protection
  • Victorian Institute of Teaching
  • Commission for Children and Young People (CCYP).

Read about the 4 Critical Actions to Respond to Child Abuse.

More information and contact details are available at: Child Protection in Early Childhood.

Reviewed 13 April 2023

Education

Contact us

Quality Assessment and Regulation Division (QARD)

1300 307 415 (Monday to Friday, 9am to 5pm)
licensed.childrens.services@education.vic.gov.au
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