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Education and Care Services Act 2013 – 7 November 2014

Education and Care Services Regulation 2013 – 1 January 2016

Summary

A person or corporation may apply to the government in the approved form for a Queensland provider approval. This approval enables the holder to operate a Queensland education and care service (‘QEC service’) defined in section 8 of the Act (a service for children under 13 years of age). The holding of a current positive notice is generally a pre-requisite for approval. Note: Another approval generally required by a Queensland provider is service approval (this is approval to operate a particular QEC service).

  • Sections 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 41, 42, 43, 44, 45, 47, 48, 49, 52, 54, 92, 93, 96, 98, 107, 108, 114, 115, 134, 135, 207, Schedule  1; Regulations 5, 60, 71, Schedule 1

An approved provider holding a service approval may apply in the approved form to the government to transfer the approval to another approved provider (at least 42 days before the transfer is intended to take effect). Note: If the transfer is granted, the transferee is to provide written notice of the transfer to parents at least 2 days before the transfer takes effect.

  • Sections 6, 70, 71, 73, 74, 75, 85, 86, 125, 206, Schedule 1

An approved provider must conduct a QEC approved service in a way that: (a) has sufficient regard to the guiding principles for this Act (set out in section 5); and (b) ensures the safety, health and wellbeing, at all times, of the children being educated and cared for by the service.

  • Sections 5, 109

An approved provider of a QEC approved service must ensure the standard requirements are complied with at all times the service is conducted on a day between 5.00am and 10.00pm.

  • Sections 110, 111; Regulations 46, 47, 48, Schedule 2

The approved provider for a QEC approved service must appoint a supervisor for the service.

  • Sections 6, 113, 123, Schedule 1; Regulations 3, 43, 44, 49, 68, Schedule 5

The approved provider must generally ensure that at least 2 adult staff members are present at the premises at all times (in the course of delivering an education and care service).

  • Sections 6, 116, Schedule 1

An approved provider is to provide written notice of serious incidents and complaints to the government within 24 hours of becoming aware of the incident/complaint.

  • Sections 6, 127, Schedule 1; Regulation 22

A parent of a child may make a request to an approved provider to inspect a record or to take a copy of a record relating to their child. A request may also be made to receive information about their child’s participation in the educational program.

  • Section 129; Regulations 12, 13
Reason for law

To ensure the safety, health and wellbeing of children attending an education and care service. (Section 4)

Relevant links

Office for Early Childhood Education and Care

Approvals and certificates

Resources and links

Published enforcement and compliance actions

Search for an early childhood education and care service

Australian Children’s Education & Care Quality Authority

Application and notification forms

National Registers

Critique

Regulation 43 incorrectly references Schedule 2 for the Act’s definition schedule.

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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