Approvals under the Education and Care Services National Law

Version Number

1.0

Implementation Date

13/06/2014

Scope

All Early Years

Purpose

This procedure outlines the responsibilities of the chief executive, delegated officers and other Regulatory Authority staff in relation to issuing provider approvals, service approvals, supervisor certificates and waivers under the Education and Care Services National Law (National Law).​

Overview

The National Law requires the chief executive of the Department of Education, Training and Employment (the Regulatory Authority) to approve, regulate and assess early childhood education and care services in Queensland.  These powers have been delegated to delegated officers within the Department.

This procedure outlines processes undertaken by the Regulatory Authority in managing the following National Law applications: 
  • Provider approval, which is nationally recognised and which, when granted, enables an Approved Provider to apply for service approval to operate one or more education and care services.
  • Service approval, which authorises an Approved Provider to operate an Approved Service.
  • Supervisor certificate, which is nationally recognised and which, when granted, allows a person to be appointed as the Nominated Su​pervisor for an Approved Service or to be temporarily placed in charge when the Approved Provider or Nominated Supervisor is absent.
  • Waivers (Service or Temporary), which permits an Approved Service to operate despite the service not complying with an element of the National Quality Standard and/or a prescribed Regulation. Waivers may be granted on a temporary or ongoing basis.

Responsibilities

​Chief Executive
Under section 14 of the Education and Care Services National Law (Queensland) Act 2011, the chief executive of the Department of Education, Training and Employment is the Regulatory Authority and is responsible for approving, regulating and assessing education and care services in Queensland.  The chief executive’s powers under the National Law are delegated to appropriately qualified officers within the Regulatory Authority as detailed in Summary of Timeframes and Delegations under the National Law.

Delegated Officers
Delegated officers approve, regulate and assess education and care services on behalf of the chief executive under the National Law.

A delegated officer must: 
  • Determine an application after all prescribed material is provided by the applicant 
  • Ensure an applicant is provided procedural fairness before a decision is made
  • Ensure that the safety, health and wellbeing of children is the primary consideration throughout the assessment of the application 
  • Seek legal advice from the Legal and Administrative Law Branch  prior to making a decision, if considered necessary
  • Determine the applicant’s application within legislative timeframes {insert link to Summary of Timeframes and Delegations under the National Law} by either approving or refusing the application
  • Maintain accurate records of all applications and decisions
Regulation, Assessment and Service Quality, Department of Education, Training and Employment
Regulation, Assessment and Service Quality must:

Process

​To start this process, an applicant must submit a relevant application in writing to the Regulatory Authority.  The applicant should do this by submitting an ACECQA application form

1) Intake
Regulation, Assessment and Service Quality must:
a) Process the ACECQA application form (including fees)
b) Review the application for completeness and confirm receipt of the application
c) Identify the relevant delegated officer
d) Acknowledge receipt of the complete application

2) Assessment
The delegated officer must:
a) Assess the application in accordance with the National Law 
b) Record the steps taken during the assessment of the application

3) Decision
The delegated officer must:
a) Approve or refuse the application, or make another decision as permitted by the National Law 
b) Inform the applicant of the decision, including avenues for review

Detailed information on the process for handling applications under the National Law is contained in the:

Online Resources

​Forms
  • ACECQA Provider approval application and notification forms, including:
    • PA01 Application for provider approval
    • PA02 Declaration of fitness and propriety
    • PA03 Application for amendment of provider approval
    • PA04 Application for voluntary suspension of provider approval
    • PA05 Notification of surrender of provider approval
    • PA06 Application for provider approval by executor of estate of approved provider
    • PA07 Application for provider approval by legal personal representative or guardian on incapacity of approved provider
    • PA08 Notification of change to information about Approved Provider 
  • ACECQA Service approval application forms, including:
    • ​SA01 Application for service approval – Centre-based care
    • SA02 Application for service approval – Family day care
    • SA03 Application for amendment of service approval
    • SA06 Application for voluntary suspension of service approval
  • ACECQA Waiver application forms, including:
    • ​SA08 Application for service or temporary waiver
    • SA09 Application for revocation of service waiver
  • ACECQA Certified supervisor application forms, including:
    • ​CS01 Application for supervisor certificate
    • CS02 Request for supervisor certificate for specified class of persons
    • CS03 Application to amend supervisor certificate 
    • CS04 Application for voluntary suspension or surrender of a supervisor certified by a certified supervisor
    • PA02 Declaration of fitness and propriety
    • NS01 Nominated supervisor consent form
Guidelines
Supporting documents
Online materials

Review Date

31/01/2015
Attribution CC BY
Approvals 
Approvals include:
  • provider approvals issued under Part 2 of the National Law
  • service approvals issued under Part 3 of the National Law 
  • supervisor certificates issued under Part 4 of the National Law
  • waivers issued under Part 3 of the National Law.
National Quality Framework ​
The National Quality Framework comprises the:
Authorised Officer
An Authorised Officer is a person authorised by the chief executive’s delegate under section 195 of the National Law in the Instrument of Authorisation of Authorised Officers under the Education and Care Services National Law to exercise the powers, functions, authorities and duties, conferred or imposed on Authorised Officers.

Procedural Fairness
Procedural fairness includes: 
  1. the opportunity to review any relevant and adverse material which is before the decision-maker and is given the opportunity to present a case before a decision is made
  2. the decision-maker is not biased and does not have the appearance of bias
  3. the decision-maker relies upon credible evidence to make their decision.
Denial of procedural fairness is a ground for applying for a statutory order of review under the Judicial Review Act 1991 (Qld).