Education and Care Services Act 2013 (Qld)

Education and Care Services Act 2013

An Act to regulate the provision of education and care by particular services

Part 1    Preliminary

Note—

To ensure the greatest possible harmonisation for education and care services for children, this Act follows the Education and Care Services National Law (Queensland) for a number of its provisions. Accordingly, this Act is not entirely consistent with Queensland’s current drafting style.

Division 1 Introduction

1   Short title

This Act may be cited as the Education and Care Services Act 2013.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Act binds all persons

(1)This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Nothing in this Act makes the State liable to be prosecuted for an offence.

Division 2 Object of Act

4   Object

(1)The object of this Act is to ensure the safety, health and wellbeing of children attending a Queensland education and care service.

(2)The ways in which the object is to be achieved include—

(a)establishing a provider approval and service approval system for Queensland education and care services; and

(b)regulating the way stand-alone services are conducted; and

(c)setting standards for persons who provide education and care for children.

Division 3 Guiding principles of Act

5   Guiding principles

(1)Queensland approved education and care services are to be conducted under the following principles—

(a)the best interests of a child are the paramount concern;

(b)education and care should be provided to a child in a way that—

(i)protects the child from harm; and

(ii)respects the child’s dignity and privacy; and

(iii)promotes the child’s health and wellbeing; and

(iv)provides positive experiences for the child;

(c)education and care should be provided to a child in a way that stimulates and develops the child’s creative, emotional, intellectual, lingual, physical, recreational, and social potential;

(d)parents have the primary responsibility for the upbringing, protection and development of children, and should be supported in that role;

(e)education and care should be planned and provided in a way that—

(i)involves parents and other members of the community; and

(ii)reflects the multicultural and multilingual nature of the community.

(2)Stand-alone services are to be operated in a way that protects a child from harm and promotes the child’s health and wellbeing.

Division 4 Interpretation

6   Definitions

The dictionary in schedule 1 defines particular words used in this Act.

7   Meaning of regulated education and care

Regulated education and care is education and care provided to a child—

(a)by someone other than a relative or guardian of the child; and

(b)at a place other than the child’s home; and

(c)for reward; and

(d)in the course of a service for regularly providing education and care of children.

8   Meaning of Queensland education and care service

(1)A Queensland education and care service or QEC service is a service for providing regulated education and care of children under 13 years of age but does not include any of the following services—

(a)an approved education and care service under the Education and Care Services National Law (Queensland);

(b)a service, for providing primary, secondary or special education, conducted by a school;

(c)a service principally conducted to provide—

(i)regulated education and care to patients in a hospital or patients in a medical or therapeutic care service; or

(ii)residential facilities; or

(iii)instruction in a particular activity, including, for example, dance, music or a sport; or

(iv)tutoring, coaching or religious instruction; or

(v)a recreational activity, including, for example, a camp or party;

Examples for paragraph (c)—

hospital, boarding facility for school students, dance academy, sporting club, Sunday school, scout group

(d)a service for which, usually, the children to whom care is provided are entirely or mostly different on each occasion the care is provided;

Example for paragraph (d)—

a service, conducted by a hotel or resort, to provide child care to children who are short-term guests

(e)a service in which the only education and care provided is—

(i)holiday care; or

(ii)adjunct care;

(f)a service that is, under the Child Protection Act 1999, a licensed care service, departmental care service or service provided as an approved carer;

(g)a mobile service;

(h)a service prescribed under a regulation.

(2)To remove any doubt, it is declared that a service may be a Queensland education and care service even though it is—

(a)an associated children’s service under the Education and Care Services National Law (Queensland); or

(b)conducted by an entity that also carries on a school; or

(c)conducted at premises at which a school is also carried on.

9   Meaning of stand-alone service

A stand-alone service is a QEC service that—

(a)is not a QEC approved service; and

(b)is not a service in which education and care is regularly provided to more than 6 children under the age of 13 at the same time.

10   Meaning of mobile service

(1)A mobile service is a service that—

(a)provides education and care to children who are not school children; and

(b)transports equipment and material or staff from one or more locations on each occasion that the service is provided.

(2)However, a service is not a mobile service if it is one of a number of services, with a common Queensland approved provider, that may use common equipment at separate premises on separate occasions, where there is a separate Queensland service approval in place for each premises.

Part 2    Queensland provider approvals

Division 1 General

11   Effect of approval

A Queensland provider approval authorises the Queensland approved provider to operate a QEC service for which the approved provider holds a Queensland service approval.

Division 2 Application for Queensland provider approval

12   Person may apply for Queensland provider approval

(1)A person may apply to the chief executive for a Queensland provider approval.

(2)The application must be in the approved form and accompanied by any fee prescribed under a regulation.

(3)The application may be made by more than one person.

(4)If an application is made by more than one person—

(a)the information required must be provided for each person; and

(b)one address only must be provided for the persons; and

(c)the requirements of this division must be complied with by each person.

(5)The applicant also must provide any other relevant information reasonably required by the chief executive under section 16.

13   Chief executive must decide application

(1)The chief executive must decide the application by granting, or refusing to grant, the approval.

Note—

See section 211 (Reviewable decisions).

(2)The chief executive may grant the approval on conditions the chief executive considers appropriate.

(3)If the chief executive does not decide the application within the required period after receiving the application and fee, the application is taken to have been refused.

(4)In this section—

required period, for deciding an application, means—

(a)the period of 60 days—

(i)starting the day after the application and fee are given to the chief executive; but

(ii)if the chief executive asks for information under section 16—not including the period starting the day after the chief executive asks for the information until the day the applicant gives the information to the chief executive; or

(b)any period, ending up to 30 days after the end of the period under paragraph (a), agreed to between the chief executive and the applicant.

14   Applicant must be suitable

The chief executive must not grant the provider approval unless the chief executive is satisfied—

(a)the applicant is a suitable person to operate a QEC service; and

(b)for an applicant that is a corporation—each person who will be a person with management or control of a QEC service operated by the applicant is a suitable person to be involved in the operation of a QEC service.

15   Matters for deciding if an individual is suitable

(1)An individual is not a suitable person to operate, or to be involved in the operation of, a QEC service unless the individual—

(a)holds a working with children authority; or

(b)has made a working with children check (exemption) application and the application has not been decided or withdrawn.

Note—

See also the Working with Children Act, schedule 1, section 18.

(2)Subsection (1) applies subject to section 238.

(3)An individual is not a suitable person to operate a QEC service if a prohibition notice is in force for the individual.

(4)Other matters that the chief executive must consider in deciding a person’s suitability to operate a QEC service include the following—

(a)any contravention by the person of a provision of this Act, the repealed Act or the Education and Care Services National Law (Queensland), whether or not the contravention constituted an offence;

(b)any previous refusal of an application by the person for a child-related authority or for renewal of a child-related authority, or a suspension or cancellation of a child-related authority held by the person;

(c)the person’s involvement in the operation of an entity so far as the operation relates to a matter mentioned in paragraph (a) or (b).

Example for paragraph (c)—

the person’s involvement, as a director of a company, in the committing of an offence against this Act by the company

(5)In this section—

child-related authority means—

(a)an approval under this Act; or

(b)a licence under the repealed Child Care Act 2002 or the repealed Child Care Act 1991; or

(c)a provider approval, service approval or supervisor certificate under the Education and Care Services National Law (Queensland); or

(d)a licence, authority or permit, under a law of Queensland or another jurisdiction, to carry out an activity involving children.

operate, in relation to a service, includes be involved in the operation of the service.

16   Chief executive may seek further information

For deciding whether an applicant is a suitable person to operate a QEC service the chief executive may—

(a)ask the person to provide other relevant information the chief executive reasonably requires to decide the application; or

(b)undertake enquiries in relation to the person.

17   Duration of provider approval

A provider approval has effect until it is cancelled or surrendered under this Act.

18   Form of provider approval

(1)If the chief executive grants a provider approval, the chief executive must give a copy of the approval to the approved provider.

(2)The provider approval must state—

(a)the approved provider’s name; and

(b)for an approval held by an individual—the individual’s address; and

(c)for an approval held by more than one person—the address for service stated in the application for a provider approval; and

(d)for an approval held by a corporation—the address of the approved provider’s registered office; and

(e)any conditions applying to the approval; and

(f)the day on which the approval was granted; and

(g)the provider approval number; and

(h)any other matters prescribed under a regulation.

19   Offence for approved provider not to comply with conditions of approval

An approved provider must comply with the conditions applying to a provider approval.

Maximum penalty—100 penalty units.

Note—

This provision is an executive liability provision—see section 232.

Division 3 Reassessment of Queensland provider approval

20   Reassessment of suitability

(1)The chief executive may at any time reassess—

(a)whether an approved provider continues to be a suitable person to operate a QEC service; or

(b)whether a person with management or control of a QEC service operated by an approved provider continues to be a suitable person to be involved in the operation of a QEC service; or

(c)whether a person who becomes a person with management or control of a QEC service operated by an approved provider after the grant of the provider approval is a suitable person to be involved in the provision of a QEC service.

(2)Sections 15 and 16 apply to the reassessment.

Division 4 Amendment of Queensland provider approval

21   Amendment of provider approval on application

(1)An approved provider may apply to the chief executive for an amendment of the provider’s provider approval, including an amendment to remove a person from, or add a person to, the approval.

(2)The application must be in the approved form and accompanied by any fee prescribed under a regulation.

(3)The applicant also must provide any other relevant information reasonably required by the chief executive to decide the application.

(4)The chief executive must decide the application by—

(a)amending the approval in the way applied for; or

(b)with the applicant’s written agreement, amending the approval in another way; or

(c)refusing to amend the approval.

Note—

See section 211 (Reviewable decisions).

(5)However, if an application under this section is to add a person to a provider approval, the chief executive may grant the approval only if the chief executive is satisfied the person is a suitable person to operate a QEC service having regard to the matters stated in section 15.

(6)Also, without limiting subsection (4), an amendment may vary a condition of the approval or impose a new condition on the approval.

(7)If the chief executive does not decide the application within the required period after receiving the application and fee, the application is taken to have been refused.

(8)In this section—

required period, for deciding an application, means the period of 30 days—

(a)starting the day after the application and fee are given to the chief executive; but

(b)if the chief executive asks for information under subsection (3)—not including the period starting the day after the chief executive asks for the information until the day the applicant gives the information to the chief executive.

22   Amendment of provider approval by chief executive

(1)The chief executive may amend a provider approval at any time without receiving an application from the approved provider for the amendment.

Example—

The chief executive may change a condition of the approval or impose a new condition.

(2)However, the chief executive must first give the approved provider a notice (a show cause notice) stating—

(a)that the chief executive proposes to amend the provider approval; and

(b)the proposed amendment; and

(c)the reasons for the proposed amendment; and

(d)that the approved provider may, within a stated time of at least 30 days, give the chief executive a written response to the proposed amendment.

(3)After considering any response from the approved provider within the time stated in the show cause notice, the chief executive may make some or all of the proposed amendment.

Note—

See section 211 (Reviewable decisions).

(4)If the chief executive decides not to amend the provider approval, the chief executive must give the approved provider notice of the decision.

(5)At the approved provider’s written request, or with the approved provider’s written agreement, the chief executive may—

(a)amend a provider approval without giving a show cause notice; or

(b)amend a provider approval in a way that has not been stated in a show cause notice; or

(c)amend a provider approval before the expiration of the time stated in a show cause notice for the approved provider’s response to the proposed amendment.

(6)An amendment under this section has effect 14 days after the chief executive gives notice of the amendment to the approved provider or at any later time stated in the notice.

23   Urgent amendment of provider approval by chief executive

(1)This section applies if the chief executive is reasonably satisfied, in the interests of the safety, health and wellbeing of children being provided with education and care under a provider approval, it is necessary to immediately amend the approval.

(2)The chief executive may immediately amend the provider approval without complying with section 22.

(3)As soon as practicable after amending the approval, the chief executive must give notice of the amendment to the approved provider.

(4)The notice must state the reasons for the amendment.

(5)The amendment has effect for the period, of not more than 60 days, stated in the notice.

24   Amended provider approval to be given to approved provider

As soon as practicable after amending a provider approval under this division, the chief executive must—

(a)give an amended copy of the approval to the approved provider; and

(b)if any consequential amendment is required to a service approval—amend the service approval and give an amended copy to the approved provider.

Division 5 Suspension or cancellation of Queensland provider approval

25   Grounds for suspension of provider approval

The chief executive may suspend a provider approval if—

(a)the approved provider has been charged with an indictable offence; or

(b)the approved provider has failed to comply with a condition of the provider approval; or

(c)action is being taken under a compliance notice, prohibition notice or an emergency action notice for a QEC approved service operated by the approved provider; or

(d)the approved provider has not operated a QEC approved service for a period of more than 12 months including any period of suspension; or

(e)the approved provider purported to transfer or receive a transfer of a QEC approved service without the chief executive's consent; or

(f)the approved provider has not paid any outstanding fee prescribed under a regulation; or

(g)the approved provider is contravening, or has contravened, the Working with Children Act in relation to the engagement of a staff member of the QEC approved service; or

(h)the chief executive is satisfied the approved provider’s premises for providing education and care are unsafe or unsuitable; or

(i)the approved provider has failed to comply with a notice given under section 194; or

(j)the chief executive is satisfied the approved provider, or a person with management or control of a QEC approved service operated by the approved provider, may not be a suitable person to be involved in the provision of a QEC approved service.

26   Show cause notice before suspension of provider approval

(1)This section applies if the chief executive is proposing to suspend a provider approval.

(2)The chief executive must first give the approved provider a notice (a show cause notice) stating the following—

(a)that the chief executive proposes to suspend the provider approval;

(b)the proposed period of suspension;

(c)the reasons for the proposed suspension;

(d)that the approved provider may, within 30 days after the notice is given, give the chief executive a written response to the proposed suspension.

27   Decision about suspension after show cause notice

After considering any written response from the approved provider received within the period mentioned in section 26(2)(d), the chief executive may—

(a)suspend the provider approval for a period of not more than 12 months; or

(b)decide not to suspend the provider approval.

28   Suspension of provider approval without show cause notice

(1)This section applies if the chief executive is satisfied there is an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by a QEC approved service operated by an approved provider.

(2)The chief executive may suspend the approved provider’s provider approval on a ground mentioned in section 25 without giving the approved provider a show cause notice under section 26.

(3)The suspension may not be for a period of more than 6 months.

29   Notice and taking effect of suspension

(1)The chief executive must give the approved provider notice of the decision to suspend the provider approval.

(2)The notice of a decision to suspend must set out the period of suspension and the date on which it takes effect.

(3)The decision under section 27 to suspend takes effect at the end of 14 days after the date of the decision, or, if a longer period is stated by the chief executive, at the end of that period.

(4)The decision under section 28 to suspend takes effect on the giving of the notice.

Note—

See section 211 (Reviewable decisions).

30   Effect of suspension

(1)Subject to this section, if a provider approval is suspended under section 27 or 28, all service approvals held by the provider are also suspended for the same period.

(2)A person whose provider approval is suspended is taken not to be an approved provider for the period of the suspension.

(3)The approved provider may apply in the approved form under part 3, division 5 for the transfer of a service approval that is suspended under section 27 or 28.

(4)The suspension of the service approval ceases on the transfer taking effect, unless the conditions imposed by the chief executive on the consent to the transfer state a later date.

31   Grounds for cancellation of provider approval

The chief executive may cancel a provider approval if—

(a)the chief executive is satisfied the approved provider, or a person with management or control of a QEC approved service operated by the approved provider, is not a suitable person to be involved in the provision of a QEC approved service; or

(b)the chief executive is satisfied the continued provision of education and care by the approved provider would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by a QEC approved service operated by the provider; or

(c)the approved provider has been found guilty of an indictable offence; or

(d)the approved provider has been found guilty of an offence under this Act; or

(e)the chief executive is satisfied the approved provider’s premises for providing education and care are unsafe or unsuitable; or

(f)the approved provider has failed to comply with a notice given under section 194; or

(g)the approved provider has breached a condition of the provider approval; or

(h)the approved provider has not operated any QEC approved service for more than 12 months (including any period of suspension).

32   Show cause notice before cancellation of provider approval

(1)This section applies if the chief executive is proposing to cancel a provider approval under section 31.

(2)The chief executive must first give the approved provider a notice (a show cause notice) stating—

(a)that the chief executive proposes to cancel the provider approval; and

(b)the reasons for the proposed cancellation; and

(c)that the approved provider may, within 30 days after the notice is given, give the chief executive a written response to the proposed cancellation.

33   Decision about cancellation

(1)After considering any written response from the approved provider received within the time allowed under section 32(2)(c), the chief executive—

(a)may—

(i)cancel the provider approval; or

(ii)suspend the provider approval for a period not more than the prescribed period; or

(iii)decide not to cancel the provider approval; and

(b)must give the approved provider notice of the decision.

(2)The decision to cancel the provider approval takes effect at the end of 14 days after the date of the decision or, if a longer period is stated by the chief executive, at the end of that period.

(3)The notice of a decision to cancel or suspend the provider approval must state the date on which it takes effect.

(4)This Act applies to a suspension of a provider approval under this section as if it were a suspension under section 27.

34   Effect of cancellation

(1)Subject to this section, if a provider approval is cancelled under section 33, all service approvals held by the person who was the approved provider are also cancelled.

(2)A provider whose provider approval is to be cancelled under section 33 may apply to the chief executive under part 3, division 5 for consent to transfer a service approval held by the provider.

(3)The application for consent to transfer must be made within 14 days after the date of the decision to cancel the provider approval is made.

(4)If an application for consent to transfer is made, the service approval is suspended until the chief executive decides the application.

(5)The suspension of the service approval ceases on the transfer taking effect, unless the conditions of the transfer state a later date.

(6)If the chief executive refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse consent.

35   Approved provider to give information to chief executive

(1)This section applies if a show cause notice has been given to an approved provider under section 26 or 32.

(2)The approved provider, at the request of the chief executive, must, within 7 days of the request, provide the chief executive with the contact details of the parents of all children enrolled at each QEC approved service operated by the approved provider.

(3)The chief executive may use the information provided under subsection (2) only to notify the parents of children enrolled at a QEC approved service about the suspension or cancellation.

36   Approved provider to give notice to parents of suspension or cancellation of provider approval

(1)This section applies if the chief executive gives a notice to an approved provider suspending or cancelling the provider approval under section 27, 28 or 33.

(2)The approved provider must comply with this section, unless the provider has a reasonable excuse.

Maximum penalty—5 penalty units.

(3)As soon as practicable after receiving the notice, the approved provider must give notice of the suspension or cancellation to a parent of each child to whom education and care is regularly provided in the course of the QEC service.

(4)A notice given under subsection (3) must include the reasons given in the chief executive’s notice for cancelling or suspending the provider approval.

(5)Subsection (3) does not apply in relation to a parent, guardian or carer who the provider can not locate after making reasonable enquiries.

(6)If an approved provider’s provider approval is suspended, the provider must display a notice at the QEC service, for the period of the suspension, stating that the approval has been suspended.

(7)If an approved provider’s provider approval is cancelled, the provider must display a notice at the QEC service, until at least the day on which the cancellation takes effect, stating that the approval has been cancelled.

(8)A regulation may make provision about a notice given or displayed under this section, including, for example—

(a)what the notice must state; and

(b)the size or other requirements of the writing on the notice.

37   Voluntary suspension of provider approval

(1)An approved provider may apply to the chief executive for a suspension of the provider approval for a period of not more than 12 months.

(2)The application must be in the approved form and be accompanied by the prescribed fee.

(3)The approved provider must, at least 14 days before making an application under this section, notify the parents of children enrolled at the QEC service operated by the approved provider of the intention to make the application.

(4)The chief executive must, within 30 days after the application is made, decide whether or not to grant the application.

(5)The chief executive may grant the application only if the suspension is reasonable in all the circumstances.

(6)The chief executive must give notice of its decision, including the period of suspension, to the approved provider.

(7)If the chief executive decides to grant the application, the suspension takes effect on a date agreed between the chief executive and the approved provider.

(8)A suspension under this section remains in force for the period of time stated in the notice.

(9)The approved provider may apply to the chief executive to revoke the suspension before the end of the suspension period.

(10)If the chief executive grants the application to revoke the suspension, the suspension ends on the date determined by agreement with the approved provider.

38   Approved provider may surrender approval

(1)An approved provider may surrender the provider approval by notice to the chief executive.

(2)The notice must state a date on which the surrender is intended to take effect which must be—

(a)after the notice is given; and

(b)after the end of the period of notice required under subsection (3).

(3)The approved provider must, at least 14 days before the surrender is intended to take effect, notify the parents of children enrolled at the QEC approved services operated by the approved provider of the intention to surrender the provider approval.

(4)If a provider approval is surrendered—

(a)the approval is cancelled on the date stated in the notice; and

(b)any service approval held by the provider is also taken to be cancelled.

Note—

A cancelled service approval can not be transferred—see part 3, division 5.

Division 6 Personal representatives as approved providers

39   Death of sole holder of provider approval

(1)This section applies if a service approval is held by an approved provider who is an individual and the individual dies.

(2)However, this section does not apply if the individual who dies became an approved provider under this section because the individual was the personal representative of the estate of an approved provider.

(3)For 6 months from the date of death (the transitional approval period), the personal representative of the individual’s estate is taken to be the approved provider holding—

(a)the provider approval (a deemed approval); and

(b)any service approval held under the provider approval (also a deemed approval).

(4)To remove any doubt, it is declared that the chief executive may take action under this Act relating to a deemed approval.

Examples—

1The chief executive may impose a condition on the deemed provider approval under part 2, division 4 or on the deemed service approval part 3, division 4.

2The chief executive may cancel the deemed provider approval under part 2, division 5 or the deemed service approval under part 3, division 6.

(5)Subsection (3) applies subject to—

(a)any earlier transfer, suspension, cancellation or surrender of the service approval under this Act; and

(b)any earlier suspension, cancellation or surrender of the deemed approval under this Act; and

(c)any extension, or earlier ending, of the transitional approval period under this section.

(6)Also, subsection (3) does not apply if the personal representative is a disqualified person.

(7)The personal representative may apply in writing to the chief executive for an extension of the transitional approval period.

(8)On receiving the application, the chief executive may extend the transitional approval period by the further period, of not more than 6 months, that the chief executive considers appropriate in all the circumstances.

Example—

The chief executive may extend the transitional approval period for the period necessary for an application to transfer the service approval to be made and decided.

(9)The transitional approval period ends unless, within 30 days after the individual’s death, the personal representative—

(a)holds a working with children authority; or

(b)has made a working with children check (exemption) application and the application has not been decided or withdrawn.

(10)The personal representative does not commit an offence against the Working with Children Act, section 176B by operating the QEC service under the service approval without a working with children clearance—

(a)during the first 30 days of the transitional approval period; and

(b)if the personal representative makes a working with children check application within the first 30 days of the transitional approval period and does not withdraw the application—until the application is decided.

(11)The personal representative does not commit an offence against the Working with Children Act, section 176G by operating the QEC service under the service approval without a working with children exemption during the first 30 days of the transitional approval period.

(12)A person who holds the service approval under this section in the person’s capacity as personal representative may transfer the approval to himself or herself, in his or her personal capacity, under part 3, division 5.

40   Death of joint holder of provider approval

(1)If an individual who jointly holds a provider approval dies, the surviving person, or if there is more than one surviving person each of the surviving persons, continues as the holder of the provider approval and any service approval held under the provider approval.

(2)If 2 or more of the persons holding a provider approval are individuals and they die at the same time—

(a)if there are any surviving persons holding the provider approval—each of them continues as the holder of the provider approval and any service approval held under the provider approval; or

(b)if there are no surviving persons holding the provider approval—section 39 applies, with all necessary changes, to the personal representatives of the estates of the persons who have died.

Part 3    Queensland service approvals

Division 1 General

41   Effect of approval

(1)A Queensland service approval authorises an approved provider to operate the QEC service to which it relates.

(2)An approved provider must have a separate service approval for each QEC service operated by the provider.

42   More than one approval or approval holder

(1)An approved provider may hold more than one service approval.

(2)A reference in this Act to the approved provider for a QEC approved service is, for a provider approval held jointly, a reference to each of the persons who jointly hold the approval.

Division 2 Application for Queensland service approval

43   Approved provider may apply for service approval

(1)An approved provider may apply to the chief executive for a service approval for a QEC service.

(2)An approved provider may apply for a service approval for a QEC service only if the approved provider is, or proposes to be—

(a)the operator of the QEC service; and

(b)responsible for the management of the staff members of the QEC service.

(3)A person may apply to the chief executive for a service approval at the same time as the person applies for a provider approval.

(4)However, if a person applies for a provider approval and service approval at the same time, the chief executive must not grant the service approval unless the provider approval is also granted.

(5)An approved provider may hold more than one service approval.

Note—

See also section 55 (Application for new service approval in exceptional circumstances).

44   Form of application for service approval

(1)The application for a service approval must be in the approved form and accompanied by any fee prescribed under a regulation.

Note—

Section 112 states that an application for a service approval may include a request for a condition relating to rest periods.

(2)The application may be made by more than one person.

(3)If an application is made by more than one person—

(a)the information required must be provided for each person; and

(b)the requirements of this division must be complied with by each person.

(4)The applicant also must provide any other relevant information reasonably required by the chief executive under section 46.

45   Chief executive must decide application for service approval

(1)The chief executive must decide the application by granting, or refusing to grant, the approval.

Note—

See section 211 (Reviewable decisions).

(2)If the chief executive does not decide the application within the required period after receiving the application and fee, the application is taken to have been refused.

(3)In this section—

required period, for deciding an application, means—

(a)the period of 90 days—

(i)starting the day after the application and fee are given to the chief executive; but

(ii)if the chief executive asks for information under section 46—not including the period starting the day after the chief executive asks for the information until the day the applicant gives the information to the chief executive; or

(b)any longer period agreed between the chief executive and the applicant.

46   Chief executive may seek further information

The chief executive may ask an applicant for a service approval to provide any further information that is reasonably required for the purpose of assessing the application.

47   Relevant matters for deciding application

(1)The chief executive must consider the following matters in deciding whether to grant an application for a service approval—

(a)the suitability of the QEC service premises and their location for the operation of a QEC approved service;

(b)the adequacy of the policies and procedures of the QEC service for the operation of the service;

(c)any suspension (other than a voluntary suspension) of the applicant's provider approval;

(d)any current voluntary suspension of the applicant's provider approval;

(e)whether the QEC service is proposed to be operated principally within an Aboriginal or Torres Strait Islander community and, if so, the culturally specific needs of Aboriginal or Torres Strait Islander children;

(f)the matters mentioned in section 48 on which the chief executive must refuse an application;

(g)any other matters the chief executive considers appropriate.

(2)In deciding whether to grant the application for a service approval, the chief executive must also have regard to each of the following matters relating to the proposed provision of the regulated education and care under the approval—

(a)the number of children to whom the regulated education and care will be provided at one time;

(b)the ages of the children;

(c)the length of time for which each child will be provided with the regulated education and care.

(3)In deciding whether to grant the application, the chief executive may also consider the applicant’s history of compliance with this Act, the repealed Act or the Education and Care Services National Law (Queensland).

48   Grounds on which chief executive must refuse application

The chief executive must refuse to grant a service approval if—

(a)the chief executive is satisfied the QEC service, if permitted to operate, would constitute an unacceptable risk to the safety, health or wellbeing of children who would be educated or cared for by the service; or

(b)the applicant does not have a provider approval; or

(c)the chief executive is not satisfied the applicant is capable of operating the proposed service in a way that meets the requirements of this Act; or

(d)the applicant is not entitled to lawfully occupy or use the QEC service premises to operate the QEC service.

49   Conditions of Queensland service approval

(1)The chief executive may grant a service approval on conditions the chief executive considers appropriate.

(2)In addition, the following conditions apply to each service approval—

(a)the approved provider must operate the QEC approved service in a way that ensures the safety, health and wellbeing of children who attend the service and meets their educational and developmental needs;

(b)the condition mentioned in section 50;

(c)the approved provider must ensure there is in force, for the service, the insurance cover prescribed under a regulation;

(d)subject to subsection (3), the approved provider must start operating the QEC approved service within 6 months after the approval is granted (the start-up period).

(3)On application by the approved provider, the chief executive may extend the start-up period by the further period, of not more than 6 months, that the chief executive considers appropriate in all the circumstances.

50   Service capacity

(1)The conditions of a service approval must include a condition stating the maximum number of children to whom regulated education and care may be provided at one time under the approval (the service capacity of the QEC service).

(2)The service capacity may be stated—

(a)as a single number; or

(b)as different numbers applying to the QEC service at different times according to the circumstances (for example, according to the ages of the children being provided with regulated education and care).

(3)The service capacity applies to all the children to whom regulated education and care is being provided at one time in the course of the QEC service, whether the children are being provided with the regulated education and care at the QEC service premises or somewhere else.

Example of somewhere else—

on an excursion

51   Emergency care

(1)This section applies to a period during which the number of children being provided with regulated education and care in the course of a QEC approved service is more than its service capacity.

(2)The approved provider is taken not to be contravening a condition of the service approval about the service capacity during the period if—

(a)emergency care is being provided during the period to one or more children; and

(b)emergency care is not provided to the child or children for more than 2 consecutive days in circumstances to which this section applies; and

(c)the amount by which the number of children being provided with regulated education and care exceeds the service capacity during the period is not more than—

(i)if emergency care is being provided to 2 or more children in the same family—that number of children; or

(ii)otherwise—one.

Examples of an emergency—

1A child is determined to be in need of protection under a child protection order.

2The parent of a child needs urgent health care that prevents them caring for the child.

(3)An approved provider of a QEC approved service must not permit the service to educate and care for an additional child or children in an emergency unless the approved provider is satisfied this will not affect the safety, health and wellbeing of the children attending the service.

(4)The approved provider must, within 24 hours of the attendance of the additional child or children, notify the chief executive of the attendance, including—

(a)a description of the emergency; and

(b)a statement by the approved provider that the approved provider was satisfied under subsection (3).

52   Form of Queensland service approval

(1)If the chief executive grants a service approval, the chief executive must give a copy of the approval to the approved provider.

(2)The service approval must state the following—

(a)the name of the approved provider;

(b)the name of the QEC service;

(c)the address of the QEC service premises;

(d)the conditions applying to the service approval;

(e)the details of any service waiver applying to the service approval;

(f)the date the service approval was granted;

(g)the number of the service approval (the service approval number);

(h)the maximum number of children who can be cared for by the service at any time.

53   Offence for approved provider not to comply with conditions of Queensland service approval

(1)An approved provider must comply with the condition of a service approval mentioned in section 49(2)(a).

Maximum penalty—100 penalty units.

Note—

This provision is an executive liability provision—see section 232.

(2)An approved provider must comply with all other conditions of a service approval.

Maximum penalty—40 penalty units.

Note—

If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 233, to have also committed the offence.

54   Annual fee

An approved provider must pay the annual fee prescribed under a regulation for each service approval the provider holds.

Division 3 Application for Queensland service approval in exceptional circumstances

55   Application for new service approval in exceptional circumstances

(1)This section applies if—

(a)an approved provider holds a service approval for premises; and

(b)exceptional circumstances have caused the premises (the affected premises) to be unsuitable for the provision of the regulated education and care for which the premises are approved.

Example—

The premises for a QEC approved service have been flooded.

(2)The approved provider may apply to the chief executive—

(a)to temporarily suspend the service approval for the affected premises; and

(b)for a new service approval (an exceptional circumstances service approval) to provide the regulated education and care from other premises (the replacement premises).

56   Form of application for exceptional circumstances service approval

(1)The application—

(a)must be in the approved form; or

(b)if the nature of the exceptional circumstances means that it is not practicable to submit the approved form—may be made orally and followed by the approved form as soon as practicable.

Note—

Section 112 states that an application for an exceptional circumstances service approval may include a request for a condition relating to rest periods.

(2)The application may be made by more than one person.

(3)If an application is made by more than one person—

(a)the information required must be provided for each person; and

(b)the requirements of this division must be complied with by each person.

(4)The applicant also must provide any other relevant information reasonably required by the chief executive under section 58.

57   Chief executive must decide application

The chief executive must within 7 days grant, or refuse to grant, the application and notify the applicant in writing of the chief executive’s decision.

58   Chief executive may seek further information

The chief executive may ask an applicant for an exceptional circumstances service approval to provide any further information that is reasonably required for the purpose of assessing the application.

59   Relevant matters for deciding application

The chief executive must not grant an application for an exceptional circumstances service approval unless the chief executive is satisfied—

(a)the approved provider holds a service approval for the affected premises; and

(b)exceptional circumstances have caused the affected premises to be unsuitable for the provision of the regulated education and care for which the premises are approved; and

(c)the replacement premises are suitable for providing regulated education and care; and

(d)the operation of the service at the replacement premises will not constitute an unacceptable risk to the safety, health or wellbeing of children to be educated or cared for at the replacement premises.

60   Conditions of exceptional circumstances service approval

The chief executive may grant an exceptional circumstances service approval on the conditions the chief executive considers appropriate.

61   When exceptional circumstances service approval ends

(1)The chief executive may revoke an exceptional circumstances service approval for an approved provider by giving at least 14 days notice in writing to the provider.

(2)In deciding whether to revoke the approval the chief executive may have regard to any of the following matters—

(a)whether the exceptional circumstances that caused the affected premises to be unsuitable still apply;

(b)the efforts the approved provider has made—

(i)to again make the affected premises suitable for providing regulated education and care; or

(ii)to find new premises suitable for providing the regulated education and care;

(c)whether the continued provision of regulated education and care to children at the replacement premises constitutes an unacceptable risk to the safety, health or wellbeing of the children;

(d)other circumstances the chief executive considers relevant.

62   Approved provider to provide information to chief executive

(1)This section applies if a notice has been given to an approved provider under section 61.

(2)The approved provider, at the request of the chief executive, must, within 7 days of the request, provide the chief executive with the contact details of the parents of all children enrolled at the QEC approved service operated by the provider.

(3)The chief executive may use the information provided under subsection (2) only to notify the parents of children enrolled at the QEC approved service of the ending of the exceptional circumstances service approval for the service.

63   Duration of temporary suspension of service approval of affected premises

(1)The chief executive may cancel or suspend a service approval for affected premises during, or after the end of, the term of the exceptional circumstances service approval for replacement premises.

(2)Otherwise, a suspension of the service approval for affected premises remains in force for as long as the exceptional circumstances service approval for the replacement premises is in force.

64   Application of other provisions of this Act to this division

(1)Division 2 also applies to an application under this division except for—

(a)sections 43 to 46; and

(b)section 49(2)(d) and (3).

(2)Also, section 89 does not apply to an exceptional circumstances service approval under this division.

Division 4 Amendment of Queensland service approval

65   Amendment of service approval on application

(1)An approved provider holding a service approval may apply to the chief executive for an amendment of the approval.

(2)The application must be in the approved form and accompanied by any fee prescribed under a regulation.

Note—

Section 112 states that an application for an amendment of a service approval may include a request for a condition relating to rest periods.

(3)The applicant also must provide any other relevant information reasonably required by the chief executive to decide the application.

(4)The chief executive must decide the application by—

(a)amending the approval in the way applied for; or

(b)with the applicant’s written agreement, amending the approval in another way; or

(c)refusing to amend the approval.

Note—

See section 211 (Reviewable decisions).

(5)Without limiting subsection (4), an amendment may vary a condition of the approval or impose a new condition on the approval.

(6)If the chief executive does not decide the application within the required period after receiving the application and fee, the application is taken to have been refused.

(7)In this section—

required period, for deciding an application, means—

(a)the period of 60 days—

(i)starting the day after the application and fee are given to the chief executive; but

(ii)if the chief executive asks for information under subsection (3)—not including the period starting the day after the chief executive asks for the information until the day the applicant gives the information to the chief executive; or

(b)any longer period agreed between the chief executive and the applicant.

66   Restrictions on amendment of service approval

(1)A change of the location of QEC service premises to which a service approval applies may be made only by an application for a new approval, not by an application to amend the approval.

(2)A change of the approved provider holding a service approval may be made only by transferring the approval under division 5, not by an application to amend the approval.

67   Amendment of service approval by chief executive

(1)The chief executive may amend a service approval at any time without receiving an application for the amendment from the approved provider holding the approval.

Example—

The chief executive may change a condition of the approval or impose a new condition.

(2)The chief executive must first give the approved provider a notice (show cause notice) stating—

(a)that the chief executive proposes to amend the approval; and

(b)the proposed amendment; and

(c)the reasons for the proposed amendment; and

(d)that the approved provider may, within a stated time of at least 30 days, give the chief executive a written response to the proposed amendment.

(3)After considering any response from the approved provider within the time stated in the show cause notice, the chief executive may make some or all of the proposed amendment.

(4)If the chief executive decides not to amend the approval, the chief executive must give the approved provider notice of the decision.

(5)At the approved provider’s written request, or with the approved provider’s written agreement, the chief executive may—

(a)amend an approval without giving a show cause notice; or

(b)amend an approval in a way that has not been stated in a show cause notice; or

(c)amend an approval before the expiration of the time stated in a show cause notice for the approved provider’s response to the proposed amendment.

(6)An amendment under this section has effect 14 days after the chief executive gives notice of the amendment to the approved provider or at any later time stated in the notice.

Note—

See section 211 (Reviewable decisions).

68   Urgent amendment of service approval by chief executive

(1)This section applies if the chief executive is reasonably satisfied, in the interests of the safety, health and wellbeing of children being provided with education and care under a provider approval, it is necessary to immediately amend the provider’s service approval.

(2)The chief executive may immediately amend the service approval without complying with section 67.

(3)As soon as practicable after amending the approval, the chief executive must give notice of the amendment to the approved provider.

(4)The notice must state the reasons for the amendment.

(5)The amendment has effect for the period, not more than 60 days, stated in the notice.

Note—

See section 211 (Reviewable decisions).

69   Amended service approval to be given to approved provider

As soon as practicable after amending a service approval under this division, the chief executive must give an amended copy of the approval to the approved provider.

Division 5 Transfer of Queensland service approval

70   Transfer of approval

(1)An approved provider holding a service approval (the transferor) may apply to the chief executive to transfer the approval to another approved provider (the transferee).

(2)The application must be in the approved form and accompanied by any fee prescribed under a regulation.

(3)The reference in subsection (1) to an approved provider who is the transferor includes a person whose provider approval or service approval is suspended but does not include a person whose provider approval has been cancelled.

Note—

Section 71 deals with the transfer of an approved provider’s service approval while the service approval is suspended.

Section 85 deals with the transfer of an approved provider’s service approval that is about to be cancelled.

71   Transfer of suspended service approval

(1)This section applies if, while an approved provider’s service approval is suspended, the chief executive consents to the transfer of the service approval under this division.

(2)A condition of the consent may provide for the suspension to continue.

(3)Otherwise, the suspension ends on the day the transfer takes effect.

72   Application for transfer to be dealt with as an application for a service approval

The chief executive may require information, and conduct investigations, as if the transferee were an applicant for a service approval under part 3, division 2.

73   Chief executive must decide application

(1)The chief executive must decide the application by granting, or refusing to grant, the transfer and must give notice of the decision to both the transferor and transferee.

Note—

See section 211 (Reviewable decisions).

(2)The chief executive may grant the transfer on conditions the chief executive considers appropriate and must give notice of any conditions to both the transferor and transferee.

(3)Without limiting subsection (2), a condition under subsection (2) may—

(a)include a condition the chief executive could have imposed if the application were an application for a service approval under part 3, division 2; or

(b)include a condition stating the date on which the transfer takes effect; or

(c)apply to the provider approval or the service approval of the transferee.

(4)If the chief executive does not decide the application within the required period after receiving the application and fee, the application is taken to have been refused.

(5)In this section—

required period, for deciding an application, means—

(a)the period of 30 days—

(i)starting the day after the application and fee are given to the chief executive; but

(ii)if the chief executive asks for information from the transferor or transferee—not including the period starting the day after the chief executive asks for the information until the day the transferor or transferee gives the information to the chief executive; or

(b)any longer period agreed between the chief executive and the transferor or transferee.

74   Confirmation of transfer

(1)The transferor and the transferee must each give notice to the chief executive within 2 days after the transfer takes effect stating the date of the transfer.

Maximum penalty—5 penalty units.

(2)On receipt of a notice under this section, the chief executive must amend the service approval and provide an amended copy of the service approval to the transferee.

(3)The amendment of the service approval takes effect on the date of the transfer.

(4)A transferor or transferee who gives notice under this section is not guilty of an offence for a failure of the other party to the transfer to give the notice.

75   Notice to parents

(1)A transferee must give notice under this section of the transfer of a service approval to a parent of each child to whom education and care is regularly provided in the course of the QEC approved service.

Maximum penalty—5 penalty units.

(2)The notice must be given at least 2 days before the transfer of the service approval takes effect unless the transferee has a reasonable excuse.

(3)This section does not apply for a parent or carer who the transferee can not locate after making reasonable enquiries.

Division 6 Suspension or cancellation of Queensland service approval

76   Grounds for suspension of service approval

The chief executive may suspend a service approval if—

(a)the chief executive reasonably believes it would not be in the best interests of children being educated and cared for by the QEC service for the service to continue; or

(b)a condition of the service approval has not been complied with; or

(c)the service is not being managed in accordance with this Act; or

(d)the approved provider has failed to comply with a compliance notice and the noncompliance is substantial; or

(e)the approved provider—

(i)has ceased operating a QEC service at the QEC service premises for which the service approval was granted; and

(ii)within 6 months of ceasing operating the service, has not transferred the service to another approved provider; or

(f)the approved provider has not, within 6 months after being granted a service approval, started ongoing operation of the service; or

(g)the approved provider has not paid the prescribed annual fee for the service approval.

77   Show cause notice before suspension of service approval

(1)This section applies if the chief executive is considering the suspension of a service approval under section 76.

(2)The chief executive must give the approved provider a notice (a show cause notice) stating the following—

(a)that the chief executive intends to suspend the service approval;

(b)the proposed period of suspension;

(c)the reasons for the proposed suspension;

(d)that the approved provider may, within 30 days after the notice is given, give the chief executive a written response to the proposed suspension.

78   Decision about suspension after show cause notice

After considering any written response from the approved provider received within the period mentioned in section 77(2)(d), the chief executive may—

(a)suspend the service approval for a period of not more than 12 months; or

(b)decide not to suspend the service approval.

Note—

See section 211 (Reviewable decisions).

79   Suspension of service approval without show cause notice

(1)This section applies if the chief executive is satisfied there is an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by a QEC approved service operated by an approved provider.

(2)The chief executive may suspend the approved provider’s service approval on a ground mentioned in section 76 without giving the approved provider a show cause notice under section 77.

(3)The suspension may not be for a period of more than 6 months.

Note—

See section 211 (Reviewable decisions).

80   Notice and taking effect of suspension

(1)The chief executive must give the approved provider notice of the decision to suspend the provider’s service approval.

(2)The notice of a decision to suspend must set out the period of suspension and the date on which it takes effect.

(3)The decision under section 78 to suspend takes effect at the end of 14 days after the date of the decision, or, if a longer period is stated by the chief executive, at the end of that period.

(4)The decision under section 79 to suspend takes effect when the notice is given to the approved provider.

81   Lifting of suspension

(1)The chief executive may, on application by an approved provider, lift the suspension of the provider’s service approval before the suspension would otherwise end.

(2)The application must be in the approved form and be accompanied by any fee prescribed under a regulation.

82   Grounds for cancellation of service approval

The chief executive may cancel a service approval if—

(a)the chief executive reasonably believes the continued operation of the QEC service would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by the QEC service; or

(b)the approval has been suspended under this division and the reason for the suspension has not been rectified by the end of the period of suspension; or

(c)the service approval was obtained improperly; or

(d)the approved provider has failed to comply with a compliance notice and the noncompliance is substantial; or

(e)a condition of the service approval has not been complied with.

83   Show cause notice before cancellation of service approval

(1)This section applies if the chief executive is considering the cancellation of a service approval under section 82.

(2)The chief executive must first give the approved provider a notice (a show cause notice) stating the following—

(a)that the chief executive intends to cancel the service approval;

(b)the reasons for the proposed cancellation;

(c)that the approved provider may, within 30 days after the notice is given, give the chief executive a written response to the proposed cancellation.

84   Decision about cancellation of service approval

(1)After considering any written response from the approved provider received within the time allowed under section 83(2)(c), the chief executive—

(a)may—

(i)cancel the service approval; or

(ii)suspend the service approval for a period of not more than 12 months; or

(iii)decide not to cancel the service approval; and

(b)must give the approved provider notice of the decision.

(2)The decision to cancel the service approval takes effect at the end of 14 days after the date of the decision or, if a longer period is stated by the chief executive, at the end of that period.

(3)The notice of a decision to cancel or suspend the service approval must state the date on which it takes effect.

(4)This Act applies to a suspension of a service approval under this section as if it were a suspension under section 78.

85   Application for transfer of cancelled service approval

(1)An approved provider may apply to the chief executive for consent to transfer a service approval that is to be cancelled under this division.

(2)The application for consent to transfer must be made within 14 days after the decision to cancel the service approval is made.

(3)If an application for consent to transfer is made, the cancellation of the service approval does not take effect, and the service approval is suspended, until the chief executive decides the application.

86   Decision on application to transfer cancelled service

(1)If the chief executive consents to the transfer—

(a)the decision to cancel the service approval is revoked; and

(b)the suspension of the service approval ceases on the transfer taking effect, unless the conditions imposed by the chief executive on the consent to the transfer state a later date for the suspension to cease.

(2)If the chief executive refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse to consent.

87   Approved provider to provide information to chief executive

(1)This section applies if a show cause notice has been given to an approved provider under section 77 or 83.

(2)The approved provider, at the request of the chief executive, must, within 7 days of the request, provide the chief executive with the contact details of the parents of all children enrolled at the QEC approved service operated by the approved provider.

(3)The chief executive may use the information provided under subsection (2) only to notify the parents of children enrolled at the QEC approved service of a suspension or cancellation of the service approval for the service.

88   Approved provider to give notice to parents of suspension or cancellation of service approval

(1)This section applies if the chief executive gives a notice to an approved provider suspending or cancelling the provider’s service approval under section 78, 79 or 84.

(2)The approved provider must comply with this section, unless the provider has a reasonable excuse.

Maximum penalty—5 penalty units.

(3)As soon as practicable after receiving the notice, the approved provider must give notice of the suspension or cancellation to a parent of each child to whom education and care is regularly provided in the course of the QEC approved service.

(4)A notice given under subsection (3) must include the reasons given in the chief executive’s notice for suspending or cancelling the approved provider’s service approval.

(5)Subsection (3) does not apply for a parent or carer who the provider can not locate after making reasonable enquiries.

(6)If an approved provider’s service approval is suspended, the provider must display a notice at the QEC service, for the period of the suspension, stating the approval has been suspended.

(7)If an approved provider’s service approval is cancelled, the provider must display a notice at the QEC service, until at least the day on which the cancellation takes effect, stating the approval has been cancelled.

(8)A regulation may make provision about a notice given or displayed under this section, including, for example—

(a)what the notice must state; and

(b)the size or other requirements of the writing on the notice.

89   Voluntary suspension of service approval

(1)An approved provider may apply to the chief executive for a suspension of the provider’s service approval for a period of not more than 12 months.

(2)The application must be in the approved form and be accompanied by the prescribed fee.

(3)The approved provider must, at least 14 days before making an application under this section, notify the parents of children enrolled at the relevant QEC service of the intention to make the application.

(4)The chief executive must, within 30 days after the application is made, decide whether or not to grant the application.

(5)The chief executive may grant the application only if the suspension is reasonable in all the circumstances.

(6)The chief executive must give notice of its decision, including the period of suspension, to the approved provider.

(7)If the chief executive decides to grant the application, the suspension takes effect on a date agreed between the chief executive and the approved provider.

(8)A suspension under this section remains in force for the period of time stated in the notice.

(9)The approved provider may apply to the chief executive to revoke the suspension before the end of the suspension period.

(10)If the chief executive grants the application to revoke the suspension, the suspension ends on the date determined by agreement with the approved provider.

90   Approved provider may surrender service approval

(1)An approved provider may surrender a service approval held by the provider by notice to the chief executive.

(2)The notice must state a date on which the surrender is intended to take effect which must be—

(a)after the notice is given; and

(b)after the end of the period of notice required under subsection (3).

(3)The approved provider must notify the parents of children enrolled at the relevant QEC service of the intention to surrender the provider approval at least 14 days before the surrender is intended to take effect.

(4)If a service approval is surrendered, the approval is cancelled on the date stated in the notice.

Note—

A cancelled service approval can not be transferred—see part 3, division 5.

Division 7 Chief executive to give information about disciplinary action to chief executive (employment screening)

91   Chief executive to give information to chief executive (employment screening)

(1)This section applies if the chief executive—

(a)amends, suspends or cancels a provider approval or service approval under this Act (a disciplinary action); and

(b)reasonably believes the disciplinary action may be relevant to the functions or powers of the chief executive (employment screening) under the Working with Children Act.

(2)The chief executive must give notice of the disciplinary action to the chief executive (employment screening).

(3)A notice under subsection (2) must state the following—

(a)the approved provider’s name and address;

(b)the approved provider’s date and place of birth, if known;

(c)that disciplinary action has been taken against the approved provider, without stating anything further about the disciplinary action.

(4)Subsection (5) applies if the chief executive (employment screening)—

(a)requests further information about the disciplinary action; and

(b)notifies the chief executive that the approved provider—

(i)holds a working with children authority or negative notice; or

(ii)has made a working with children check application.

(5)The chief executive must give the chief executive (employment screening) a notice stating the following—

(a)the form of the disciplinary action taken;

(b)when the conduct happened that constituted a ground for the disciplinary action;

(c)the nature of the conduct that constituted a ground for the disciplinary action;

(d)any other information about the disciplinary action the chief executive considers may be relevant to employment screening under the Working with Children Act, chapter 8, including, for example, details about the nature of the disciplinary action.

(6)However, if the notice given under subsection (2) did not contain the approved provider’s date and place of birth, subsection (5) applies only if—

(a)the request from the chief executive (employment screening) for the notice under subsection (5) includes the approved provider’s date and place of birth; and

(b)the chief executive confirms the approved provider’s date and place of birth with the approved provider.

(7)A notice given under subsection (2) or (5) must not contain information that identifies, or is likely to identify, a particular child.

(8)If the chief executive gives the chief executive (employment screening) information under subsection (5) about disciplinary action and the disciplinary action is set aside on review or appeal, the chief executive must notify the chief executive (employment screening) of the following—

(a)the disciplinary action has been set aside;

(b)the reasons given by the entity that set the disciplinary action aside for setting it aside.

(9)A reference in this section to an approved provider includes a person who was an approved provider before the suspension or cancellation of the person’s provider approval.

Division 8 Application for service waiver

92   Application for service waiver for QEC approved service

(1)The approved provider for a QEC approved service may apply to the chief executive for a waiver of a requirement applying to the service under this Act if the requirement is prescribed under a regulation for this section.

(2)A person who applies for a service approval may apply for a service waiver under this section together with the application for the service approval.

(3)The chief executive must not grant a service waiver to a person who applies under subsection (2) unless the service approval is granted to that person.

93   Form of application for service waiver

An application for a service waiver must be in the approved form and accompanied by any fee prescribed under a regulation.

94   Chief executive may request information and inspect premises

For deciding an application for a service waiver, the chief executive may—

(a)ask the applicant to provide further information; and

(b)inspect the QEC service premises.

95   Matters chief executive may consider for service waiver

In considering whether to grant a service waiver, the chief executive may have regard to whether the QEC service is able to meet the requirements prescribed under this Act by alternative means that satisfy the objectives of the requirements.

96   Decision on application

(1)The chief executive must decide the application by granting, or refusing to grant, the service waiver.

(2)Subject to subsection (3), the chief executive must notify the applicant of the chief executive's decision within 60 days after the application is made.

(3)If an application for a service waiver has been made together with an application for service approval, the chief executive may notify the applicant of the chief executive's decision on the application at the same time as the notice of the decision on the application for the service approval.

(4)If a service waiver is granted, the chief executive must issue or reissue the service approval stating the requirements prescribed under this Act to which the service waiver applies.

97   Revocation of service waiver

(1)The chief executive may revoke a service waiver if the chief executive considers the approved provider is not meeting the requirements prescribed under this Act by alternative means that satisfy the objectives of the requirements.

(2)A revocation under subsection (1) takes effect—

(a)60 days after the chief executive gives the approved provider notice of the decision to revoke; or

(b)at the end of the period agreed between the chief executive and the approved provider.

(3)An approved provider may apply to the chief executive in the approved form for the revocation of a service waiver applying to a QEC approved service the provider operates.

(4)A revocation under subsection (3) takes effect—

(a)14 days after the chief executive gives the approved provider notice that the provider’s application to revoke is approved; or

(b)at the end of the period agreed between the chief executive and the approved provider.

98   Effect of service waiver

While a service waiver is in force, the QEC approved service is taken to comply with the requirements prescribed under this Act that are stated in the service waiver.

Division 9 Temporary waiver

99   Application for temporary waiver for QEC approved service

(1)The approved provider for a QEC approved service may apply to the chief executive for a temporary waiver of a requirement applying to the service under this Act if the requirement is prescribed under a regulation for this section.

(2)A person who applies for a service approval may apply for a temporary waiver under this section together with the application for the service approval.

(3)The chief executive must not grant a temporary waiver to a person who applies under subsection (2) unless the service approval is granted to that person.

100   Form of application for temporary waiver

An application for a temporary waiver must be in the approved form and accompanied by any fee prescribed under a regulation.

101   Chief executive may request information and inspect premises

For deciding an application for a temporary waiver, the chief executive may—

(a)ask the applicant to provide further information; and

(b)inspect the QEC service premises.

102   Matters chief executive must consider for temporary waiver

In considering whether to grant a temporary waiver, the chief executive must have regard to whether the QEC service is able to meet the requirements prescribed under this Act by alternative means that satisfy the objectives of the requirements.

103   Decisions on application for temporary waiver

(1)The chief executive must decide the application by granting, or refusing to grant, the temporary waiver.

(2)The chief executive must notify the applicant within 60 days after the application is made of the chief executive's decision.

(3)A temporary waiver must specify the period of the waiver which can not be for more than 12 months.

(4)If the chief executive grants a temporary waiver, the chief executive must issue or reissue the service approval stating—

(a)the requirements of this Act to which the temporary waiver applies; and

(b)the period of the waiver.

104   Chief executive may extend temporary waiver on application

The chief executive, on the application by the approved provider in approved form, may extend and further extend the period of a temporary waiver by periods of not more than 12 months.

105   Revocation of temporary waiver

The chief executive may revoke a temporary waiver if the chief executive considers the approved provider is not meeting the requirements prescribed under this Act by alternative means that satisfy the objectives of the requirements.

106   Effect of temporary waiver

While a temporary waiver is in force, the QEC approved service is taken to comply with the requirements prescribed under this Act that are stated in the temporary waiver.

Division 10 Offences

107   Person must not provide an education and care service without service approval

(1)A person must not provide regulated education and care to 7 or more children at the same time unless—

(a)the person is an approved provider for the service at which the regulated education and care is provided; and

(b)the service is a QEC approved service.

Maximum penalty—

(a)for a first offence—100 penalty units; or

(b)for a second or later offence—200 penalty units.

(2)For subsection (1), it does not matter whether or not the children are at the same place.

108   Person must not advertise QEC service without service approval

(1)A person must not knowingly publish or cause to be published an advertisement for a QEC service unless it is a QEC approved service.

Maximum penalty—50 penalty units.

(2)Subsection (1) does not apply if an application for a service approval for the service has been made under this Act but has not been decided.

(3)Also, subsection (1) does not apply to a stand-alone service.

Part 4    Conduct of QEC approved services

Division 1 General

109   Approved provider’s overriding responsibility

An approved provider must conduct a QEC approved service in a way that—

(a)has sufficient regard to the guiding principles for this Act; and

(b)ensures the safety, health and wellbeing, at all times, of the children being educated and cared for by the service.

Division 2 Staff members

Subdivision 1 Staffing requirements

110   Standard requirements

(1)A regulation must prescribe standard requirements about each of the following matters—

(a)the presence of suitably qualified staff members at QEC service premises;

(b)related matters about adult supervision of the children attending the service.

(2)The standard requirements must include—

(a)requirements applying to a QEC approved service during a rest period; and

(b)requirements applying to a QEC approved service at all other times it is conducted on a day between 5.00a.m. and 10.00p.m.

111   Requirements applying to a service

(1)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 5.00a.m. and 10.00p.m.

Maximum penalty—100 penalty units.

(2)If a QEC approved service is conducted for a period between 10.00p.m. on a day and 5.00a.m. on the next day, the requirements applying to the service during the period are the requirements stated in its service approval conditions.

(3)This section does not prevent other requirements relating to the matters mentioned in section 110, as well as the requirements mentioned in this section, from applying to a QEC approved service under its service approval conditions or a regulation.

112   Rest periods

(1)A service approval for a QEC approved service may include a condition providing for one or more periods during a day, totalling not more than 2 hours during the day, to be rest periods for the service.

(2)An application under this Act for a service approval, an amendment of a service approval or an exceptional circumstances service approval may include a request for a condition under subsection (1).

(1)The chief executive may use URL data received under this subdivision for the following purposes—

(a)quality assuring of funding provided to relevant services and central governing bodies for approved kindergarten programs;

(b)planning for, monitoring of outcomes of, and reporting on, early childhood initiatives;

(c)preparing the data for disclosure under section 223.

(2)For the purpose of subsection (1)(a), the chief executive may disclose URL data, including URL data that has been aggregated, to an authorised officer of a central governing body.

(3)For subsection (1)(b), URL data may be reported only if it has been aggregated and does not identify, directly or indirectly, any person to whom it relates.

223   Disclosure of URL data to Australian Bureau of Statistics and Australian Institute of Health and Welfare

(1)The chief executive may disclose URL data to a prescribed entity for the purpose of meeting Queensland’s obligations under the early childhood data agreement.

(2)A prescribed entity that receives URL data under this section must ensure the data is collected, stored and used in a way that ensures the privacy of the persons to whom it relates is protected.

(3)In this section—

early childhood data agreement means the agreement between the Commonwealth and the States called the ‘National information agreement on early childhood education and care’, signed on behalf of the Queensland Government by the chief executive on 19 February 2010.

prescribed entity means—

(a)the Australian Bureau of Statistics; or

(b)the Australian Institute of Health and Welfare established under the Australian Institute of Health and Welfare Act 1987 (Cwlth).

224   Recording, use and disclosure of URL data by authorised officer of central governing body

(1)An authorised officer of a central governing body may use URL data received under this subdivision for the following purposes—

(a)quality assuring and distributing funding received from the department for approved kindergarten programs;

(b)planning, developing and implementing services for children and parents;

(c)planning, developing and implementing professional development programs for staff members of relevant services;

(d)implementing curriculum development initiatives;

(e)reporting on the central governing body’s performance.

(2)For subsection (1)(e), URL data may be reported only if it has been aggregated and does not identify, directly or indirectly, any person to whom it relates.

(3)A person who is or has been an authorised officer of a central governing body and who receives or received URL data under this subdivision must not record or use the data, or disclose the data to anyone, other than under this section or section 221(3).

Maximum penalty—40 penalty units.

Part 9    Legal proceedings

Division 1 Evidence

225   Application of div 1

This division applies to a proceeding under this Act.

226   Appointments and authority

It is not necessary to prove the appointment of the chief executive or an authorised officer, or the authority of the chief executive or an authorised officer to do anything under this Act, unless a party, by reasonable notice, requires proof of the appointment or authority.

227   Signatures

A signature purporting to be the signature of the chief executive or an authorised officer is evidence of the signature it purports to be.

228   Other evidentiary aids

A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—

(a)a stated document is one of the following things made, given, issued or kept under this Act—

(i)an appointment, approval or decision;

(ii)a notice, direction or requirement;

(iii)a record or an extract from a record;

(iv)the register or an extract from the register;

(b)a stated document is a copy of a document mentioned in paragraph (a);

(c)on a stated day, or during a stated period, a stated person was, or was not—

(i)an approved provider; or

(ii)a person with management or control of a QEC approved service;

(d)on a stated day, or during a stated period, a QEC service was, or was not, a QEC approved service;

(e)on a stated day, or during a stated period, a stated person was, or was not, a nominee for a QEC approved service;

(f)on a stated day, or during a stated period, a service approval was, or was not, subject to a stated condition;

(g)on a stated day, or during a stated period, a service approval was, or was not, suspended or cancelled;

(h)on a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in force for a stated person;

(i)on a stated day, a stated person was given a stated notice or direction under this Act;

(j)on a stated day, a stated requirement was made of a stated person.

Division 2 Offence proceedings

229   Summary proceedings for offences

(1)A proceeding for an offence against this Act is a summary offence.

(2)The proceeding must start within the later of the following periods to end—

(a)1 year after the commission of the offence;

(b)6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.

230   Statement of complainant’s knowledge

In a complaint starting a proceeding for an offence against this Act, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter stated.

231   Responsibility for acts or omissions of representatives

(1)This section applies in a proceeding for an offence against this Act.

(2)If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—

(a)the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and

(b)the representative had the state of mind.

(3)An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.

(4)In this section—

representative means—

(a)for a corporation—an executive officer, employee or agent of the corporation; or

(b)for an individual—an employee or agent of the individual.

state of mind, of a person, includes—

(a)the person’s knowledge, intention, opinion, belief or purpose; and

(b)the person’s reasons for the intention, opinion, belief or purpose.

232   Liability of executive officer—particular offences committed by corporation

(1)An executive officer of a corporation commits an offence if—

(a)the corporation commits an offence against an executive liability provision; and

(b)the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.

Maximum penalty—the penalty for a contravention of the executive liability provision by an individual.

(2)In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to—

(a)whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and

(b)whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and

(c)any other relevant matter.

(3)The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.

(4)This section does not affect any of the following—

(a)the liability of the corporation for the offence against the executive liability provision;

(b)the liability, under section 233, of the executive officer for the offence against the executive liability provision;

(c)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.

(5)In this section—

executive liability provision means either of the following provisions—

•section 19

•section 53(1).

233   Executive officer may be taken to have committed offence

(1)If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if—

(a)the officer authorised or permitted the corporation’s conduct constituting the offence; or

(b)the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.

(2)The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.

(3)This section does not affect either of the following—

(a)the liability of the corporation for the offence against the deemed executive liability provision;

(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.

(4)In this section—

deemed executive liability provision means any of the following provisions—

•section 53(2)

•section 121

•section 122.

234   Defence of exercising reasonable diligence to ensure compliance

(1)In proceedings taken against the approved provider of a QEC approved service for an offence against a provision of this Act, it is a defence for the approved provider to prove the approved provider exercised reasonable diligence to ensure compliance with the provision.

(2)Subsection (1) does not limit the application of the Criminal Code, section 23 or 24.

235   Reasonable belief about person’s age

(1)This section applies if—

(a)proceedings are taken against a person (the first person) for an offence against this Act; and

(b)the act or omission that is the offence would not be an offence if another person (the second person) was of a particular age or within a particular age group.

(2)It is a defence for the first person to prove that, at the time of the alleged offence, the first person reasonably believed, and had sighted reasonable evidence, that the second person was of that age or within that age group.

(3)Subsection (2) does not limit the application of the Criminal Code, section 24.

236   Emergencies

(1)In proceedings taken against a person for an offence against a provision of this Act, it is a defence for the person to prove the act or omission that is the offence was reasonably required because of an emergency.

(2)Subsection (1) does not limit the application of the Criminal Code, section 25.

Part 10    Miscellaneous

Division 1 Application of Working with Children (Risk Management and Screening) Act 2000

237   Application of Act to corporations

(1)This section applies for the application of the Working with Children Act.

(2)If a corporation carries on a business that includes conducting a QEC service, each of the following persons is taken to be also carrying on the business—

(a)the corporation’s executive officers;

(b)if the corporation carries on the service under a service approval—persons with management or control of the service.

238   Pending working with children check application—corporate approved provider

(1)This section applies if—

(a)a corporation holds a provider approval; and

(b)an individual who does not hold a working with children authority becomes an executive officer of the corporation or a person with management or control of the service; and

(c)the individual makes a working with children check application.

(2)Section 15(1) does not apply to the individual until the application is decided or is withdrawn.

239   [Repealed]

Division 2 Other matters

240   Delegation by chief executive

(1)The chief executive may delegate the chief executive’s functions and powers under this Act to an appropriately qualified officer or employee of the department.

(2)A delegation of a function or power may permit the subdelegation of the function or power to an appropriately qualified officer or employee of the department.

(3)In this section—

appropriately qualified includes having qualifications, experience or standing appropriate to exercise the function or power.

Example of standing—

a person’s classification level in the public service

241   Protecting prescribed persons from liability

(1)A prescribed person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.

(2)If subsection (1) prevents a civil liability attaching to a prescribed person, the liability attaches instead to the State.

(3)This section does not apply to a prescribed person if the person is also a prescribed person under the Public Sector Act 2022, section 267.

Note—

For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022, section 267, see the Public Sector Act 2022, section 269.

(4)In this section—

prescribed person means—

(a)an authorised person for a QEC approved service within the meaning of section 130; or

(b)an authorised person for a relevant service within the meaning of section 221; or

(c)a person acting under the direction of any of the following—

(i)the chief executive;

(ii)a public service officer or employee;

(iii)a person mentioned in paragraph (a) or (b).

242   Multiple holders of an approval

If more than one person holds a provider approval under this Act, each holder of the approval is jointly and severally responsible for compliance with this Act.

243   Approved forms

The chief executive may approve forms for use under this Act.

244   Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may be made about the following—

(a)standards for QEC services;

(b)requirements for educational programs, including the quality of those programs and their development, documentation and delivery;

(c)requirements and standards to be complied with for the safety, health and wellbeing of children being educated and cared for by a QEC service;

(d)requirements and standards to be complied with for safety, security, cleanliness, comfort, hygiene and repair of premises, outdoor spaces, fencing, gates, resources and equipment used for providing QEC services;

(e)requirements and standards about the premises to be used to provide a QEC service including setting, design, layout, space, security and entitlement to occupy;

(f)requirements and standards for staffing of QEC services including appointment of staff, approval of qualifications, numbers and qualifications of educators;

(g)requirements and standards about educators’ relationships with children, interactions and behaviour guidance and inclusion policies and practice for QEC services;

(h)requirements and standards about the leadership and management of QEC services including governance, suitability of all staff members and volunteers, management of grievances and complaints, and the provision of information to families;

(i)records, policies and procedures to be kept by approved providers including enrolment and attendance information;

(j)requirements and standards about first aid and management of children's medical conditions;

(k)giving information to the chief executive about education and care provided under a service approval;

(l)information required to be submitted for applications under this Act;

(m)requirements and standards for the provision and display of information by approved providers;

(n)the publication of information about enforcement actions taken under this Act, including notice and review of proposals to publish information;

(o)fees, including the waiving, reducing, deferring and refunding of fees.

(3)A regulation may do the following—

(a)exempt any QEC service or any type of class or QEC service from complying with all regulations, or any regulation, made under this Act;

(b)provide for a maximum penalty of not more than 20 penalty units for a contravention of a regulation.

Part 11    Repeal, savings and transitional provisions

Division 1 Repeal

245   Repeal of Child Care Act 2002

The Child Care Act 2002, No. 55 is repealed.

Division 2 Savings and transitionals for the Education and Care Services Act 2013

246   Definitions for div 2

In this division—

commencement means the commencement of the provision in which the term is used.

repealed Act means the Child Care Act 2002.

247   Centre based service taken to be QEC approved service if licence not revoked or suspended

(1)This section applies if immediately before the commencement—

(a)a person held a licence for a centre based service under the repealed Act that is not revoked or suspended; and

(b)the centre based service is a QEC service to which this Act applies.

(2)On the commencement—

(a)the service becomes a QEC approved service; and

(b)the person becomes—

(i)an approved provider; and

(ii)the holder of a service approval for the service; and

(c)subject to subsection (3), the provider approval and service approval are subject to the conditions, relevant to each approval, that applied to the licence immediately before the commencement.

(3)However, for a condition that applied to the licence immediately before the commencement, the chief executive may decide that the condition—

(a)does not apply to the provider approval and service approval from the commencement; or

(b)will instead be the subject of the service waiver or temporary waiver the chief executive considers appropriate from the commencement.

248   Centre based service for which licence suspended immediately before commencement

(1)This section applies if a person held a licence for a centre based service under the repealed Act and the licence was suspended immediately before the commencement.

(2)The repealed Act continues to apply until the matter of the suspension is finally decided.

(3)Subsection (5) applies if the suspension is lifted or otherwise ends other than by the licence being revoked.

(4)From the day the suspension ends—

(a)the centre based service to which the licence relates becomes a QEC approved service to which this Act applies; and

(b)a person holding the licence becomes—

(i)an approved provider; and

(ii)the holder of a service approval for the service; and

(c)subject to subsection (3), the provider approval and service approval are subject to the conditions, relevant to each approval, that applied to the licence immediately before the day the suspension ends.

(5)However, for a condition that applied to the licence immediately before the commencement the chief executive may decide that the condition—

(a)does not apply to the provider approval and service approval from the commencement; or

(b)will instead be the subject of the service waiver or temporary waiver the chief executive considers appropriate from the commencement.

249   Centre based service for which licence subject to a show cause process immediately before commencement

(1)This section applies if a person held a licence for a centre based service under the repealed Act and the licence was subject to a show cause notice immediately before the commencement.

(2)From the commencement, the show cause notice continues as if it were given for a service approval under this Act.

(3)However, the stated period to show cause given under the repealed Act continues to apply and is taken to have started when given under the repealed Act.

250   Chief executive to issue copies of provider approvals and service approvals

(1)This section applies if a person becomes an approved provider and a service approval holder under section 247 or 248.

(2)The chief executive must, within 3 months from the time the person becomes an approved provider and a service approval holder, issue the person with copies of the provider approval and service approvals.

251   Time within which supervisor and nominee must be appointed

(1)This section applies to a centre based service that becomes a QEC approved service under this division from the commencement or another day (each the stated day).

(2)Sections 113 and 114 do not apply to the service until 3 months from the stated day.

252   Applications for a licence under the repealed Act

(1)This section applies if—

(a)before the commencement, a person applied for a licence under the repealed Act; and

(b)immediately before the commencement, the application had not been decided.

(2)The chief executive must continue to deal with and decide the application as if it were an application for a provider approval and service approval made under this Act.

253   Person may apply to QCAT after commencement for decisions made under repealed Act

(1)This section applies if immediately before the commencement—

(a)a person had a right to apply to QCAT to have a decision of the chief executive reviewed; but

(b)the person had not yet applied to QCAT for a review of the chief executive’s decision.

(2)The person may apply to QCAT for the review under the repealed Act after the commencement as if the repealed Act had not been repealed.

(3)However, in exercising its powers for the review, QCAT must make the orders it considers necessary having regard the provisions of this Act.

254   Applications to QCAT before commencement continue after commencement

(1)This section applies if immediately before the commencement—

(a)a person had applied to QCAT to have a decision of the chief executive reviewed; but

(b)QCAT had not yet finished dealing with the application for a review of the decision.

(2)QCAT may continue to hear the application under the repealed Act after the commencement as if the repealed Act had not been repealed.

(3)However, in exercising its powers for the review, QCAT must make the orders it considers necessary having regard the provisions of this Act.

255   Person may apply to chief executive for decisions about compliance notices made under repealed Act

(1)This section applies if immediately before the commencement—

(a)a person had a right to apply to the chief executive under the repealed Act, section 164B to have a decision reviewed; but

(b)the person had not yet applied to the chief executive for the review.

(2)The person may apply to the chief executive under section 209 of this Act after the commencement.

(3)However, for subsection (2), the period within which a licensee may apply for a review of the decision is the period stated in the repealed Act rather than the period under this Act.

256   Applications to chief executive about compliance notices before commencement

(1)This section applies if immediately before the commencement—

(a)a person had applied to the chief executive to have a decision reviewed under the repealed Act, section 164B; but

(b)the chief executive had not yet decided the matter.

(2)The chief executive must continue to consider the matter under section 209 of this Act after the commencement.

257   Persons authorised to receive, use and disclose URL data

(1)This section applies to a person who, immediately before the commencement, was authorised by the chief executive to receive, use and disclose URL data.

(2)The person is taken to be an authorised officer under part 8, division 3, subdivision 2.

258   Compliance notices in force under the repealed Act

(1)This section applies to a compliance notice—

(a)in force under the repealed Act immediately before the commencement; and

(b)given to a person to whom this Act applies.

(2)From the commencement, the compliance notice is taken to be a compliance notice under this Act.

259   Prohibition notices in force under the repealed Act

(1)This section applies to a prohibition notice—

(a)in force under the repealed Act immediately before the commencement; and

(b)given to a person to whom this Act applies.

(2)From the commencement, the prohibition notice is taken to be a prohibition notice under this Act.

260   Information retention and sharing

(1)The chief executive must keep all information held by the chief executive in relation to—

(a)the licensing of child care services under the repealed Act to which this Act applies; and

(b)the monitoring and enforcement under the repealed Act in relation to child care services to which this Act applies.

(2)Information referred to in subsection (1) may be—

(a)used for information purposes under this Act; and

(b)held by the chief executive in any form; and

(c)made available to the Regulatory Authorities of other participating jurisdictions and the National Authority.

(3)A licensee of a child care service existing immediately before the commencement and to which this Act applies must, in the way prescribed under a regulation—

(a)continue to keep all documents that were required under the repealed Act to be kept for the service immediately before the commencement; and

(b)make those documents available to the chief executive on request.

Maximum penalty—20 penalty units.

(4)In this section—

National Authority has the meaning given in the Education and Care Services National Law (Queensland).

Regulatory Authority has the meaning given in the Education and Care Services National Law (Queensland).

Schedule 1 Dictionary

section 6

adjunct care means education and care provided to a child—

(a)in conjunction with a meeting, function or other activity involving a relative or guardian of the child other than the paid employment of the relative or guardian; and

(b)on the premises in which the meeting, function or other activity is taking place; and

(c)for not more than 3 hours on each occasion the care is provided.

affected premises, for part 3, division 3, see section 55(1)(b).

apply for an exemption notice ...

apply for a prescribed notice ...

approved kindergarten program, for part 8, division 3, subdivision 2, see section 220.

approved provider means a Queensland approved provider.

authorised officer means—

(a)generally—see section 136: or

(b)for part 8, division 3, subdivision 2—see section 220.

Building Act requirements means the requirements under the Building Act 1975 that must be complied with in carrying out building work for a QEC service.

building certifier means a building certifier under the Building Act 1975.

carer, in relation to a stand-alone service, means a person—

(a)who is engaged to provide education and care of a child in the course of a stand-alone service; or

(b)who is conducting the stand-alone service and providing education and care of children in the course of the service.

central governing body, for part 8, division 3, subdivision 2, see section 220.

centre based service has the meaning given in the repealed Act.

chief executive (employment screening) means the chief executive of the department in which the Working with Children Act is administered.

children’s commissioner...

commencement, for part 11, division 2, see section 246.

commissioner for declarations see the Justices of the Peace and Commissioners for Declarations Act 1991, section 3.

Commissioner’s Act...

compliance notice see section 193(2).

conviction means a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.

court, for part 6, see section 136.

cousin includes second cousin.

disability, for part 8, division 3, subdivision 2, see section 220.

disqualified person means a person for whom a negative notice or a prohibition notice is in force.

document certification requirement see section 178(6).

document production requirement see section 178(2).

Education and Care Services National Law (Queensland) has the meaning given in the Education and Care Services National Law (Queensland) Act 2011.

educator means an individual who provides education and care for children as a part of a QEC service.

electronic document ...

emergency care means regulated education and care provided to a child in the course of a QEC approved service—

(a)in response to a need that a relative or guardian of the child claims has arisen from an emergency or other circumstances unforeseen by the relative or guardian; or

(b)in response to circumstances beyond the approved provider’s control.

Example for paragraph (b)—

regulated education and care provided to a child between 4.00p.m. and 4.30p.m., in circumstances where the approved provider has agreed with the child’s parent to provide regulated education and care to the child until 4.00p.m. but the parent does not return to collect the child until 4.30p.m.

exceptional circumstances service approval, for part 3, division 3, see section 55(2)(b).

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

exemption notice ...

former owner, for part 6, see section 136.

for reward, in relation to the provision of care of a child in a stand-alone service—

(a)means for reward of any kind or amount, whether or not the person providing the care has an enforceable right to the reward and regardless of who provides the reward; but

(b)does not include merely in fulfilment of a reciprocal arrangement for providing care.

Examples—

1A person provides care to children without charge but receives government funding to provide the care. The person provides the care for reward.

2Two persons have an arrangement under which each of them regularly provides care for the other’s children. Neither of them receives anything for providing the care. The care provided under the arrangement is not provided for reward.

general power, for part 6, see section 136.

guardian, in relation to a child, means the legal guardian of the child.

harm, to a child, has the meaning given in the Child Protection Act 1999, section 9.

help requirement, for part 6, see section 136.

holiday care means care provided to school children, during a school holiday, at a place other than a home.

home, in relation to a stand-alone service, means premises used as a private residence.

identity card, for part 6, see section 136.

information notice, for part 6, see section 136.

information requirement, for part 6, see section 136.

licence, means a licence granted under the repealed Act, including a provisional licence issued under section 20 of that Act.

mobile service see section 10.

negative exemption notice ...

negative notice means a negative notice under the Working with Children Act.

nominee means an adult appointed as nominee under section 114.

notice means a written notice.

occupant, of a home in which care is provided, means a person who—

(a)resides in the home; or

(b)is usually present in the home when the care of children is provided.

occupier, for part 6, see section 136.

of, a place, for part 6, see section 136.

offence warning, for part 6, see section 136.

owner, for part 6, see section 136.

parent, in relation to a child, includes—

(a)a guardian of the child; and

(b)a person who has parental responsibility for the child under a decision or order of a court.

personal details requirement, for part 6, see section 136.

person in control, for part 6, see section 136.

person with management or control, in relation to a QEC service, means—

(a)if the provider of a service or intended provider of a service is a body corporate, an officer of the body corporate within the meaning of the Corporations Act who is responsible for managing the delivery of the education and care service; or

(b)in any other case, a person who has the responsibility, alone or with others, for managing the delivery of the education and care service.

place—

(a)for part 6, see section 136; or

(b)otherwise, includes premises and vacant land.

positive exemption notice ...

positive notice ...

premises—

(a)for part 6, see section 136; or

(b)otherwise, includes a building and a vehicle.

prescribed notice ...

prohibition notice means a prohibition notice in force under part 6, division 8, subdivision 3.

provider approval means a Queensland provider approval.

public place, for part 6, see section 136.

QEC approved service means a Queensland approved education and care service.

QEC service see section 8.

QEC service premises means each place at which a QEC service operates or is to operate.

Queensland approved education and care service means a Queensland education and care service for which a service approval exists.

Queensland approved provider—

(a)generally, means a person who holds a Queensland provider approval; and

(b)in relation to a service approval, means the approved provider holding the service approval.

Queensland education and care service see section 8.

Queensland provider approval means a provider approval as in force under part 2.

Queensland service approval means a service approval granted under part 3, divisions 2 or 3, as in force under this Act.

reasonably believes, for part 6, see section 136.

reasonably suspects, for part 6, see section 136.

regulated education and care see section 7.

relative, of a child—

(a)means the child’s parent, grandparent, great grandparent, brother, sister, uncle, aunt, niece, nephew or cousin; and

(b)for an Aboriginal child—includes a person who, under Aboriginal tradition, is regarded as a relative mentioned in paragraph (a); and

(c)for a Torres Strait Islander child—includes a person who, under Island custom, is regarded as a relative mentioned in paragraph (a); and

(d)for a child with a parent who is not a natural parent—includes anyone who would be a relative mentioned in paragraph (a) if the parent were a natural parent.

Example for paragraph (d)—

The daughter of a child’s step-parent is a relative of the child.

relevant service, for part 8, division 3, subdivision 2, see section 220.

repealed Act means the Child Care Act 2002.

replacement premises, for part 3, division 3, see section 55(2)(b).

reward see definition for reward.

school means—

(a)a State school within the meaning of the Education (General Provisions) Act 2006; or

(b)an accredited school under the Education (Accreditation of Non-State Schools) Act 2017.

school age care service means a QEC approved service for which, under the conditions of its service approval, the children receiving education and care must never include a child who is not a school child.

school child means a child who—

(a)is enrolled at a school; and

(b)attends, or in the current calendar year will attend, school.

service approval means a Queensland service approval.

service approval number see section 52(2)(g).

service capacity, in relation to a QEC service, see section 50.

service waiver means a waiver of a requirement that a QEC approved service comply with matters prescribed under this Act.

Note—

A service waiver may be granted by the chief executive under part 3, division 8.

show cause notice—

(a)for part 2, division 4—see section 22(2); and

(b)for the suspension of a provider approval under part 2, division 5—see section 26(2); and

(c)for the cancellation of a provider approval under part 2, division 5—see section 32(2); and

(d)for part 3, division 4—see section 67(2); and

(e)for the suspension of a service approval under part 3, division 6—see section 77(2); and

(f)for the cancellation of a service approval under part 3, division 6—see section 83(2); and

(g)for part 6, division 8, subdivision 3—see section 197(1).

staff member means—

(a)for a QEC approved service—any individual (other than a volunteer) employed, appointed or engaged to work in or as part of the service, whether as an educator or otherwise; or

(b)for a stand-alone service—a person engaged in a position in the service, or a person conducting the service and carrying out the functions of a position in the service.

stand-alone service see section 9.

supervisor means an individual—

(a)who is at least 18 years of age; and

(b)who consents in writing to being appointed as a supervisor; and

(c)who holds a prescribed qualification or is actively working towards a prescribed qualification in the way prescribed under a regulation.

temporary waiver means a waiver, for a stated period, of a requirement that a QEC approved service comply with a matters prescribed under this Act.

Note—

A temporary waiver may be granted by the chief executive under part 3, division 9.

transferee, for part 3, division 5, see section 70.

transferor, for part 3, division 5, see section 70.

triennial inspection, for part 6, division 10, see section 207(1).

URL data, for part 8, division 3, subdivision 2, see section 220.

vehicle, for part 6, see section 136.

Working with Children Act means the Working with Children (Risk Management and Screening) Act 2000.

working with children authority see the Working with Children Act, section 18.

working with children check application see the Working with Children Act, schedule 7.

working with children check (exemption) application see the Working with Children Act, schedule 7.

working with children clearance see the Working with Children Act, section 18A.