Secondary Use of Early Childhood Education and Care (ECEC) Assets

Version Number

1.0

Implementation Date

14/10/2016

Scope

All Early Years

Purpose

​To ensure Early Childhood Education and Care (ECEC) lessees operating from ECEC facilities owned and managed by the Department of Education and Training (department or DET) in receipt of subsidised rent deliver services that represent ‘best value to Queensland’.

Overview

​This procedure provides a framework for supporting ECEC lessees to deliver a combined ECEC and complementary services from a department-owned ECEC facility.

Responsibilities

Early Childhood and Community Engagement (ECCE):

  • provide advice with respect to the lessees covered by this procedure
  • encourage all lessees to develop collaborative partnerships with secondary providers to deliver complementary services at ECEC facilities
  • facilitate the provision of consent by the department to lessees licensing or sub-letting part of an ECEC facility to secondary providers in accordance with the lessees’ applications.

Legal and Administrative Law Branch (LALB):

  • provide legal advice to DET in relation to the licence or sub-lease proposed by the lessees and draft the Deeds of Consent.

Tenancy and Leasing, Infrastructure Branch:

  • review the lessee’s application for consent to licence or sub-let part of the premises to the secondary provider
  • arrange and process the Deed of Consent in conjunction with LALB
  • keep and maintain records of the Deeds of Consent. 

Lessees:

  • engage with secondary provider(s) to explore possibility for complementary services to be delivered from an ECEC facility
  • if appropriate, negotiate a responsible fee from the secondary provider(s) for cost recovery purposes based on the nature of the service provided and the types of expenses incurred from sharing a ECEC facility eg: electricity costs
  • apply to DET for consent to licence or sub-let part of the ECEC facility to the secondary provider and submit all necessary information to enable DET to assess that application
  • conduct themselves in accordance with the terms and conditions of the executed lease and Deed of Consent
  • advise ECCE of any changes in the arrangement with the secondary provider at the ECEC facility.

Process

​1. Application

The lessee is responsible for:

  • seeking DET’s written consent to licence or sub-let part of the ECEC facility for the purpose of the delivery of the proposed complementary service(s)
  • completing and submitting the Application for consent to licence or sub-let part of an ECEC facility
  • supplying copies of the proposed licence or sub-lease and any other information required by DET for the purpose of assessing the application for consent.

2. Approval

ECCE is responsible for responding to a lessee’s application within 21 business days of the date of submission of the application and supporting documentation by the lessee.

(i) If the lessee’s application is approved, provide to the lessee:

  • a Deed of Consent for execution by the lessee and the secondary provider.

(ii) If the lessee’s application is not approved, provide to the lessee :

  • the reasons for not approving their application
  • where appropriate, provide recommendations to the lessee on appropriate secondary service(s) to be delivered at the ECEC asset.     

3.  Finalising the Deed of Consent

The lessee is responsible for:

  • arranging execution of the Deed of Consent by the lessee and the secondary provider as soon as possible and providing Tenancy and Leasing with all executed copies
  • arranging execution of the licence or sub-lease with the secondary provider(s) as soon as possible and providing a copy of that document to Tenancy and Leasing for DET’s records.

4. Amending the Secondary Use

If the lessee and the secondary provider have agreed to change the arrangements for delivering complementary service(s) at the ECEC facility, the lessee is responsible for:

(i) notifying the department in writing and seeking its consent to the revised arrangement; submitting to ECCE:

After the notice is received, ECCE will assess the application and advise the lessee in writing if the department approves the lessee’s request and any requirements DET may have in relation to documenting the approval. 

14 business days after receiving the written advice from ECCE, if required by DET, the lessee is responsible for :

  • arranging execution of a new Deed of Consent by the lessee and the secondary provider as soon as possible and providing Tenancy and Leasing with all executed copies
  • arranging execution of the amended or new licence or sub-lease with the secondary provider(s) as soon as possible and providing a copy of that document to Tenancy and Leasing for DET’s records.

Online Resources

Review Date

15/10/2018
Attribution CC BY
Business day
A day which is not a Saturday, Sunday or public holiday in Brisbane.

Complementary service
Other early childhood education services to support children and families that are not the principal service delivered by the lessee at the government-owned ECEC facility. The service should provide a benefit for the family and the child(ren). 

Consent
Written consent from the department, granting permission to the lessee to licence or sub-let part of the ECEC facility to the secondary provider for the purpose of delivering complementary service(s).

Deed of Consent
A legal document between the department, the lessee and the secondary provider in which the department grants consent to the lessee to licence or sub-let part of the ECEC facility to the secondary provider for the delivery of complementary services.

Early Childhood and Community Engagement (ECCE)
The division within DET that is responsible for the regulation of ECEC services, funding kindergarten and integrated early years services, strengthening transitions to school, supporting parent and family support programs and approving and quality assessing ECEC services.

Early childhood education and care (ECEC)
Early learning programs for young children up to 5 years old including kindergarten and long day care with embedded kindergarten and playgroup.

ECEC facility
The building, centre and premises, constructed on the government-owned land and owned by the department, being used to provide early childhood education and care services including kindergarten, long day care, limited hours care or integrated early years services.  

ECEC services
Early childhood education and care services that operate from ECEC facilities. These services are provided in various settings including kindergarten, long day care, limited hours care or occasional care, Early Years Centre, Children and Family Centre, and Child and Family Support Hub. 

Lessee
An early childhood education and care service provider that is the lessee of an ECEC facility.

Secondary provider
A service provider who supports children and families by delivering service(s) other than kindergarten, long day care and limited hours care services.