{"id":"qld:act-2011-038","name":"Education and Care Services National Law (Queensland) Act 2011","slug":"education-and-care-services-national-law-queensland-act-2011","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"38 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29818,"registerId":"qld-act-2011-038-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Education and Care Services National Law (Queensland) Act 2011 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day or days to be fixed by proclamation.\nDifferent days may be appointed under subsection (1) for the commencement of different provisions of the Education and Care Services National Law set out in the schedule to the Education and Care Services National Law Act 2010 of Victoria.\nThe Acts Interpretation Act 1954 , section 15DA does not apply to this Act.\n(sec.2-ssec.1) This Act commences on a day or days to be fixed by proclamation.\n(sec.2-ssec.2) Different days may be appointed under subsection (1) for the commencement of different provisions of the Education and Care Services National Law set out in the schedule to the Education and Care Services National Law Act 2010 of Victoria.\n(sec.2-ssec.3) The Acts Interpretation Act 1954 , section 15DA does not apply to this Act.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this Act—\nEducation and Care Services National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 .\nlocal application provisions of this Act means the provisions of this Act other than the Education and Care Services National Law (Queensland) .\nscheme commencement day see the Education and Care Services National Law (Queensland) , section 305 .\nTerms used in the local application provisions of this Act and also in the Education and Care Services National Law set out in the schedule to the Education and Care Services National Law Act 2010 of Victoria have the same meanings in the local application provisions of this Act as they have in that Law.\n(sec.3-ssec.1) In this Act— Education and Care Services National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 . local application provisions of this Act means the provisions of this Act other than the Education and Care Services National Law (Queensland) . scheme commencement day see the Education and Care Services National Law (Queensland) , section 305 .\n(sec.3-ssec.2) Terms used in the local application provisions of this Act and also in the Education and Care Services National Law set out in the schedule to the Education and Care Services National Law Act 2010 of Victoria have the same meanings in the local application provisions of this Act as they have in that Law.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Adoption of National Law","content":"# Adoption of National Law","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Adoption of Education and Care Services National Law","content":"### sec.4 Adoption of Education and Care Services National Law\n\nThe Education and Care Services National Law, as in force from time to time, set out in the schedule to the Education and Care Services National Law Act 2010 of Victoria—\napplies as a law of this jurisdiction; and\nas so applying may be referred to as the Education and Care Services National Law (Queensland) ; and\nso applies as if it were part of this Act.\n- (a) applies as a law of this jurisdiction; and\n- (b) as so applying may be referred to as the Education and Care Services National Law (Queensland) ; and\n- (c) so applies as if it were part of this Act.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Minister must table amendments of Education and Care Services National Law","content":"### sec.5 Minister must table amendments of Education and Care Services National Law\n\nThis section applies if the Education and Care Services National Law set out in the schedule to the Education and Care Services National Law Act 2010 of Victoria is amended.\nThe Minister must table a copy of the amendment in the Legislative Assembly.\nFailure to comply with subsection (2) does not affect the application of the amendment under section 4 .\n(sec.5-ssec.1) This section applies if the Education and Care Services National Law set out in the schedule to the Education and Care Services National Law Act 2010 of Victoria is amended.\n(sec.5-ssec.2) The Minister must table a copy of the amendment in the Legislative Assembly.\n(sec.5-ssec.3) Failure to comply with subsection (2) does not affect the application of the amendment under section 4 .","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Exclusion of legislation of this jurisdiction","content":"### sec.6 Exclusion of legislation of this jurisdiction\n\nThe following Acts of this jurisdiction do not apply to the Education and Care Services National Law (Queensland) or to instruments made under the Law —\nActs Interpretation Act 1954 ;\nInformation Privacy Act 2009 ;\nRight to Information Act 2009 ;\nStatutory Instruments Act 1992 , other than to the extent provided for in section 303 of the Law .\nTo remove any doubt, it is declared that—\nsubsection (1) (a) does not limit the application of the Acts Interpretation Act 1954 to the local application provisions of this Act; and\nIn section 7 , the definition public authority uses the term ‘public sector unit’. That term takes its meaning from the Acts Interpretation Act 1954 , schedule 1 .\nA reference in section 8 to the Education and Care Services Act 2013 includes a reference to a regulation in force under that Act (see the Acts Interpretation Act 1954 , section 7 ).\nsubsection (1) (d) does not limit the application of the Statutory Instruments Act 1992 to a regulation made under the local application provisions of this Act.\nThe following Acts of this jurisdiction do not apply to the Education and Care Services National Law (Queensland) or to the instruments made under the Law , except to the extent that the Law and those instruments apply to the regulatory authority and the employees, decisions, actions and records of the regulatory authority—\nAuditor-General Act 2009 ;\nFinancial Accountability Act 2009 ;\nOmbudsman Act 2001 ;\nPublic Records Act 2023 ;\nPublic Sector Act 2022 .\ns 6 amd 2013 No. 39 s 110 (1) sch 3 pt 1 ; 2013 No. 44 s 269 sch 1 pt 2 ; 2022 No. 34 s 365 sch 3 ; 2023 No. 33 s 107 sch 4\n(sec.6-ssec.1) The following Acts of this jurisdiction do not apply to the Education and Care Services National Law (Queensland) or to instruments made under the Law — Acts Interpretation Act 1954 ; Information Privacy Act 2009 ; Right to Information Act 2009 ; Statutory Instruments Act 1992 , other than to the extent provided for in section 303 of the Law .\n(sec.6-ssec.2) To remove any doubt, it is declared that— subsection (1) (a) does not limit the application of the Acts Interpretation Act 1954 to the local application provisions of this Act; and In section 7 , the definition public authority uses the term ‘public sector unit’. That term takes its meaning from the Acts Interpretation Act 1954 , schedule 1 . A reference in section 8 to the Education and Care Services Act 2013 includes a reference to a regulation in force under that Act (see the Acts Interpretation Act 1954 , section 7 ). subsection (1) (d) does not limit the application of the Statutory Instruments Act 1992 to a regulation made under the local application provisions of this Act.\n(sec.6-ssec.3) The following Acts of this jurisdiction do not apply to the Education and Care Services National Law (Queensland) or to the instruments made under the Law , except to the extent that the Law and those instruments apply to the regulatory authority and the employees, decisions, actions and records of the regulatory authority— Auditor-General Act 2009 ; Financial Accountability Act 2009 ; Ombudsman Act 2001 ; Public Records Act 2023 ; Public Sector Act 2022 .\n- (a) Acts Interpretation Act 1954 ;\n- (b) Information Privacy Act 2009 ;\n- (c) Right to Information Act 2009 ;\n- (d) Statutory Instruments Act 1992 , other than to the extent provided for in section 303 of the Law .\n- (a) subsection (1) (a) does not limit the application of the Acts Interpretation Act 1954 to the local application provisions of this Act; and Examples— 1 In section 7 , the definition public authority uses the term ‘public sector unit’. That term takes its meaning from the Acts Interpretation Act 1954 , schedule 1 . 2 A reference in section 8 to the Education and Care Services Act 2013 includes a reference to a regulation in force under that Act (see the Acts Interpretation Act 1954 , section 7 ).\n- 1 In section 7 , the definition public authority uses the term ‘public sector unit’. That term takes its meaning from the Acts Interpretation Act 1954 , schedule 1 .\n- 2 A reference in section 8 to the Education and Care Services Act 2013 includes a reference to a regulation in force under that Act (see the Acts Interpretation Act 1954 , section 7 ).\n- (b) subsection (1) (d) does not limit the application of the Statutory Instruments Act 1992 to a regulation made under the local application provisions of this Act.\n- 1 In section 7 , the definition public authority uses the term ‘public sector unit’. That term takes its meaning from the Acts Interpretation Act 1954 , schedule 1 .\n- 2 A reference in section 8 to the Education and Care Services Act 2013 includes a reference to a regulation in force under that Act (see the Acts Interpretation Act 1954 , section 7 ).\n- (a) Auditor-General Act 2009 ;\n- (b) Financial Accountability Act 2009 ;\n- (c) Ombudsman Act 2001 ;\n- (d) Public Records Act 2023 ;\n- (e) Public Sector Act 2022 .","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of generic terms in Education and Care Services National Law for the purposes of this jurisdiction","content":"### sec.7 Meaning of generic terms in Education and Care Services National Law for the purposes of this jurisdiction\n\nIn the Education and Care Services National Law (Queensland) —\nchild protection law means the Child Protection Act 1999 .\nde facto relationship see the Acts Interpretation Act 1954 , schedule 1 .\nlocal authority means a local government.\nmagistrate means a magistrate appointed under the Magistrates Act 1991 .\npublic authority means a public sector unit.\nsuperior court means the Supreme Court of Queensland.\nthis jurisdiction means Queensland.\ns 7 amd 2013 No. 39 s 110 (1) sch 3 pt 1","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Children’s services law","content":"### sec.8 Children’s services law\n\nThe Education and Care Services Act 2013 is declared to be a children’s services law for the purposes of the Education and Care Services National Law (Queensland) .\nSee the Education and Care Services National Law (Queensland) , section 5 (1) , definition children’s services law .\ns 8 amd 2013 No. 44 s 269 sch 1 pt 2","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Children’s services regulator","content":"### sec.9 Children’s services regulator\n\nThe chief executive of the department in which the Education and Care Services Act 2013 is administered is declared to be the children’s services regulator for the purposes of the Education and Care Services National Law (Queensland) .\nSee the Education and Care Services National Law (Queensland) , section 5 (1) , definition children’s services regulator .\ns 9 amd 2013 No. 44 s 269 sch 1 pt 2","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Education law","content":"### sec.10 Education law\n\nEach of the following Acts is declared to be an education law for the purposes of the Education and Care Services National Law (Queensland) —\nEducation (Accreditation of Non-State Schools) Act 2017 ;\nEducation (General Provisions) Act 2006 ;\nEducation (Overseas Students) Act 1996 ;\nEducation (Queensland College of Teachers) Act 2005 ;\nthe repealed Higher Education (General Provisions) Act 2008 .\nSee the Education and Care Services National Law (Queensland) , section 5 (1) , definition education law .\ns 10 amd 2014 No. 25 s 223 s ch 1 pt 2 ; 2017 No. 24 s 212\n- (a) Education (Accreditation of Non-State Schools) Act 2017 ;\n- (b) Education (General Provisions) Act 2006 ;\n- (c) Education (Overseas Students) Act 1996 ;\n- (d) Education (Queensland College of Teachers) Act 2005 ;\n- (e) the repealed Higher Education (General Provisions) Act 2008 .","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Former education and care services law","content":"### sec.11 Former education and care services law\n\nEach of the following is declared to be a former education and care services law for the purposes of the Education and Care Services National Law (Queensland) —\nthe Child Care Act 2002 as in force before its repeal;\nthe Child Care Act 1991 as in force before its repeal.\nSee the Education and Care Services National Law (Queensland) , section 5 (1) , definition former education and care services law .\ns 11 amd 2013 No. 44 s 269 sch 1 pt 2\n- (a) the Child Care Act 2002 as in force before its repeal;\n- (b) the Child Care Act 1991 as in force before its repeal.","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Infringements law","content":"### sec.12 Infringements law\n\nThe State Penalties Enforcement Act 1999 is declared to be an infringements law for the purposes of the Education and Care Services National Law (Queensland) .\nSee the Education and Care Services National Law (Queensland) , section 5 (1) , definition infringements law .","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":"Public sector law","content":"### sec.13 Public sector law\n\nThe Public Sector Act 2022 is declared to be a public sector law for the purposes of the Education and Care Services National Law (Queensland) .\nSee the Education and Care Services National Law (Queensland) , section 5 (1) , definition public sector law .\ns 13 amd 2022 No. 34 s 365 sch 3","sortOrder":14},{"sectionNumber":"sec.14","sectionType":"section","heading":"Regulatory authority","content":"### sec.14 Regulatory authority\n\nThe chief executive is declared to be the regulatory authority for this jurisdiction.\nSee the Education and Care Services National Law (Queensland) , section 5 (1) , definition regulatory authority .","sortOrder":15},{"sectionNumber":"sec.15","sectionType":"section","heading":"Relevant tribunal or court","content":"### sec.15 Relevant tribunal or court\n\nThe magistrates court is declared to be the relevant tribunal or court for the purposes of the Education and Care Services National Law (Queensland) , section 181 .\nQCAT is declared to be the relevant tribunal or court for the purposes of the Education and Care Services National Law (Queensland) , part 8 .\nSee the Education and Care Services National Law (Queensland) , section 5 (1) , definition relevant tribunal or court .\n(sec.15-ssec.1) The magistrates court is declared to be the relevant tribunal or court for the purposes of the Education and Care Services National Law (Queensland) , section 181 .\n(sec.15-ssec.2) QCAT is declared to be the relevant tribunal or court for the purposes of the Education and Care Services National Law (Queensland) , part 8 . See the Education and Care Services National Law (Queensland) , section 5 (1) , definition relevant tribunal or court .","sortOrder":16},{"sectionNumber":"sec.16","sectionType":"section","heading":"Working with children law","content":"### sec.16 Working with children law\n\nThe Working with Children Check Act 2000 is declared to be a working with children law for the purposes of the Education and Care Services National Law (Queensland) .\nSee the Education and Care Services National Law (Queensland) , section 5 (1) , definition working with children law .\ns 16 amd 2014 No. 28 s 105 sch 1 ; 2024 No. 49 s 130 s ch 4 pt 1","sortOrder":17},{"sectionNumber":"sec.17","sectionType":"section","heading":"Penalty at end of provision","content":"### sec.17 Penalty at end of provision\n\nIn the Education and Care Services National Law (Queensland) , a penalty stated at the end of a provision indicates that a contravention of the provision is punishable on conviction by a penalty not more than the stated penalty.","sortOrder":18},{"sectionNumber":"sec.18","sectionType":"section","heading":"Transitional matters","content":"### sec.18 Transitional matters\n\nFor the purposes of the Education and Care Services National Law (Queensland) —\na licensed home based service under the Child Care Act 2002 , other than a service provided only from 1 home, is declared to be a declared approved family day care service; and\na licensed centre based service under the Child Care Act 2002 , other than a child care service to which that Act applies on the scheme commencement day, is declared to be a declared approved service; and\na licensee under the Child Care Act 2002 , other than a licensee for a child care service to which that Act applies on the scheme commencement day, is declared to be a declared approved provider; and\na person who was both—\na staff member of a licensed service, or the nominee for a licensee, under the Child Care Act 2002 ; and\na qualified director, qualified coordinator or qualified group leader under the Child Care Act 2002 ;\nis declared to be a declared certified supervisor and to be a declared nominated supervisor; and\na compliance notice under the Child Care Act 2002 , section 142 , given in relation to a licensed centre based service that is declared to be a declared approved service under paragraph (b) , is declared to be a declared compliance notice; and\neach of the following services is declared to be a declared out of scope service—\na service providing a pre-preparatory learning program, at a prescribed State school or a prescribed non-State school, to a pre-preparatory age child;\na vacation care service; and\na licence under the Child Care Act 2002 is declared to be a former approval.\nIn this section—\npre-preparatory age child see the Education (General Provisions) Act 2006 , schedule 4 .\npre-preparatory learning program see the Education (General Provisions) Act 2006 , schedule 4 .\nprescribed non-State school see the Education (General Provisions) Act 2006 , schedule 4 .\nprescribed qualification means a qualification prescribed under the Child Care Regulation 2003 for a director, coordinator or group leader.\nprescribed State school see the Education (General Provisions) Act 2006 , schedule 4 .\nschool holiday includes a day that the staff of a school, but not the students, are required to attend the school.\nvacation care service means a service providing education and care to children over pre-school age only during a school holiday.\n(sec.18-ssec.1) For the purposes of the Education and Care Services National Law (Queensland) — a licensed home based service under the Child Care Act 2002 , other than a service provided only from 1 home, is declared to be a declared approved family day care service; and a licensed centre based service under the Child Care Act 2002 , other than a child care service to which that Act applies on the scheme commencement day, is declared to be a declared approved service; and a licensee under the Child Care Act 2002 , other than a licensee for a child care service to which that Act applies on the scheme commencement day, is declared to be a declared approved provider; and a person who was both— a staff member of a licensed service, or the nominee for a licensee, under the Child Care Act 2002 ; and a qualified director, qualified coordinator or qualified group leader under the Child Care Act 2002 ; is declared to be a declared certified supervisor and to be a declared nominated supervisor; and a compliance notice under the Child Care Act 2002 , section 142 , given in relation to a licensed centre based service that is declared to be a declared approved service under paragraph (b) , is declared to be a declared compliance notice; and each of the following services is declared to be a declared out of scope service— a service providing a pre-preparatory learning program, at a prescribed State school or a prescribed non-State school, to a pre-preparatory age child; a vacation care service; and a licence under the Child Care Act 2002 is declared to be a former approval.\n(sec.18-ssec.2) In this section— pre-preparatory age child see the Education (General Provisions) Act 2006 , schedule 4 . pre-preparatory learning program see the Education (General Provisions) Act 2006 , schedule 4 . prescribed non-State school see the Education (General Provisions) Act 2006 , schedule 4 . prescribed qualification means a qualification prescribed under the Child Care Regulation 2003 for a director, coordinator or group leader. prescribed State school see the Education (General Provisions) Act 2006 , schedule 4 . school holiday includes a day that the staff of a school, but not the students, are required to attend the school. vacation care service means a service providing education and care to children over pre-school age only during a school holiday.\n- (a) a licensed home based service under the Child Care Act 2002 , other than a service provided only from 1 home, is declared to be a declared approved family day care service; and\n- (b) a licensed centre based service under the Child Care Act 2002 , other than a child care service to which that Act applies on the scheme commencement day, is declared to be a declared approved service; and\n- (c) a licensee under the Child Care Act 2002 , other than a licensee for a child care service to which that Act applies on the scheme commencement day, is declared to be a declared approved provider; and\n- (d) a person who was both— (i) a staff member of a licensed service, or the nominee for a licensee, under the Child Care Act 2002 ; and (ii) a qualified director, qualified coordinator or qualified group leader under the Child Care Act 2002 ; is declared to be a declared certified supervisor and to be a declared nominated supervisor; and\n- (i) a staff member of a licensed service, or the nominee for a licensee, under the Child Care Act 2002 ; and\n- (ii) a qualified director, qualified coordinator or qualified group leader under the Child Care Act 2002 ;\n- (e) a compliance notice under the Child Care Act 2002 , section 142 , given in relation to a licensed centre based service that is declared to be a declared approved service under paragraph (b) , is declared to be a declared compliance notice; and\n- (f) each of the following services is declared to be a declared out of scope service— (i) a service providing a pre-preparatory learning program, at a prescribed State school or a prescribed non-State school, to a pre-preparatory age child; (ii) a vacation care service; and\n- (i) a service providing a pre-preparatory learning program, at a prescribed State school or a prescribed non-State school, to a pre-preparatory age child;\n- (ii) a vacation care service; and\n- (g) a licence under the Child Care Act 2002 is declared to be a former approval.\n- (i) a staff member of a licensed service, or the nominee for a licensee, under the Child Care Act 2002 ; and\n- (ii) a qualified director, qualified coordinator or qualified group leader under the Child Care Act 2002 ;\n- (i) a service providing a pre-preparatory learning program, at a prescribed State school or a prescribed non-State school, to a pre-preparatory age child;\n- (ii) a vacation care service; and","sortOrder":19},{"sectionNumber":"pt.3","sectionType":"part","heading":"Matters relating to Working with Children Check Act 2000","content":"# Matters relating to Working with Children Check Act 2000","sortOrder":20},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.19 Definitions for pt 3\n\nIn this part—\nchief executive (employment screening) means the chief executive of the department in which the Working with Children Check Act 2000 is administered.\ns 19 def chief executive (employment screening) amd 2024 No. 49 s 130 sch 4 pt 2\nexemption notice ...\ns 19 def exemption notice om 2019 No. 18 s 86 (2) sch 2\nprescribed notice ...\ns 19 def prescribed notice om 2019 No. 18 s 86 (2) sch 2\nWorking with Children Act ...\ns 19 def Working with Children Act om 2024 No. 49 s 131 sch 5\nworking with children authority see the Working with Children Check Act 2000 , section 18 .\ns 19 def working with children authority ins 2019 No. 18 s 86 (2) sch 2\namd 2024 No. 50 s 140 sch 1; 2024 No. 49 s 130 sch 4 pt 2\nworking with children check application see the Working with Children Check Act 2000 , schedule 7 .\ns 19 def working with children check application ins 2019 No. 18 s 86 (2) sch 2\namd 2024 No. 49 s 130 sch 4 pt 2\ns 19 sub 2014 No. 28 s 105 sch 1","sortOrder":22},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Giving or obtaining particular information","content":"## Giving or obtaining particular information","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Giving information to chief executive (employment screening) about disciplinary action","content":"### sec.20 Giving information to chief executive (employment screening) about disciplinary action\n\nThis section applies if the regulatory authority—\ndoes any of the following (the disciplinary action ) under the Education and Care Services National Law (Queensland) (the Law )—\namends a provider approval under section 23 of the Law ;\nsuspends a provider approval under section 27 or 28 of the Law ;\ncancels or suspends a provider approval under section 33 of the Law ;\namends a service approval under section 55 of the Law ;\nsuspends a service approval under section 72 or 73 of the Law ;\ncancels or suspends a service approval under section 79 of the Law ;\namends a supervisor certificate under section 120 of the Law ;\ncancels or suspends a supervisor certificate under section 125 of the Law ;\nsuspends a supervisor certificate under section 126 of the Law ; and\nreasonably believes the disciplinary action may be relevant to the functions or powers of the chief executive (employment screening) under the Working with Children Check Act 2000 .\nThe regulatory authority must give written notice of the disciplinary action to the chief executive (employment screening).\nA notice under subsection (2) must state the following for the person against whom the disciplinary action was taken—\nthe person’s name and address;\nthe person’s date and place of birth, if known;\nthat disciplinary action has been taken against the person, without stating anything further about the disciplinary action.\nSubsection (5) applies if the chief executive (employment screening)—\nrequests further information about the disciplinary action; and\nnotifies the regulatory authority that the person—\nholds a working with children authority; or\nhas made a working with children check application.\nThe regulatory authority must give the chief executive (employment screening) a written notice stating the following—\nthe form of the disciplinary action taken;\nwhen the conduct happened that constituted a ground for the disciplinary action;\nthe nature of the conduct that constituted a ground for the disciplinary action;\nany other information about the disciplinary action the regulatory authority considers may be relevant to employment screening under the Working with Children Check Act 2000 , chapter 8 , including, for example, details about the nature of the disciplinary action.\nHowever, if the notice given under subsection (2) did not contain the person’s date and place of birth, subsection (5) applies only if—\nthe request from the chief executive (employment screening) for the notice under subsection (5) includes the person’s date and place of birth; and\nthe regulatory authority confirms the person’s date and place of birth with the person.\nA notice given under subsection (2) or (5) must not contain information that identifies, or is likely to identify, a particular child.\nIf the regulatory authority 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 regulatory authority must notify the chief executive (employment screening) of the following—\nthe disciplinary action has been set aside;\nthe reasons given by the entity that set the disciplinary action aside for setting it aside.\ns 20 amd 2014 No. 28 s 105 sch 1 ; 2019 No. 18 s 86 (2) sch 2 ; 2024 No. 49 s 130 sch 4 pt 2\n(sec.20-ssec.1) This section applies if the regulatory authority— does any of the following (the disciplinary action ) under the Education and Care Services National Law (Queensland) (the Law )— amends a provider approval under section 23 of the Law ; suspends a provider approval under section 27 or 28 of the Law ; cancels or suspends a provider approval under section 33 of the Law ; amends a service approval under section 55 of the Law ; suspends a service approval under section 72 or 73 of the Law ; cancels or suspends a service approval under section 79 of the Law ; amends a supervisor certificate under section 120 of the Law ; cancels or suspends a supervisor certificate under section 125 of the Law ; suspends a supervisor certificate under section 126 of the Law ; and reasonably believes the disciplinary action may be relevant to the functions or powers of the chief executive (employment screening) under the Working with Children Check Act 2000 .\n(sec.20-ssec.2) The regulatory authority must give written notice of the disciplinary action to the chief executive (employment screening).\n(sec.20-ssec.3) A notice under subsection (2) must state the following for the person against whom the disciplinary action was taken— the person’s name and address; the person’s date and place of birth, if known; that disciplinary action has been taken against the person, without stating anything further about the disciplinary action.\n(sec.20-ssec.4) Subsection (5) applies if the chief executive (employment screening)— requests further information about the disciplinary action; and notifies the regulatory authority that the person— holds a working with children authority; or has made a working with children check application.\n(sec.20-ssec.5) The regulatory authority must give the chief executive (employment screening) a written notice stating the following— the form of the disciplinary action taken; when the conduct happened that constituted a ground for the disciplinary action; the nature of the conduct that constituted a ground for the disciplinary action; any other information about the disciplinary action the regulatory authority considers may be relevant to employment screening under the Working with Children Check Act 2000 , chapter 8 , including, for example, details about the nature of the disciplinary action.\n(sec.20-ssec.6) However, if the notice given under subsection (2) did not contain the person’s date and place of birth, subsection (5) applies only if— the request from the chief executive (employment screening) for the notice under subsection (5) includes the person’s date and place of birth; and the regulatory authority confirms the person’s date and place of birth with the person.\n(sec.20-ssec.7) A notice given under subsection (2) or (5) must not contain information that identifies, or is likely to identify, a particular child.\n(sec.20-ssec.8) If the regulatory authority 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 regulatory authority must notify the chief executive (employment screening) of the following— the disciplinary action has been set aside; the reasons given by the entity that set the disciplinary action aside for setting it aside.\n- (a) does any of the following (the disciplinary action ) under the Education and Care Services National Law (Queensland) (the Law )— (i) amends a provider approval under section 23 of the Law ; (ii) suspends a provider approval under section 27 or 28 of the Law ; (iii) cancels or suspends a provider approval under section 33 of the Law ; (iv) amends a service approval under section 55 of the Law ; (v) suspends a service approval under section 72 or 73 of the Law ; (vi) cancels or suspends a service approval under section 79 of the Law ; (vii) amends a supervisor certificate under section 120 of the Law ; (viii) cancels or suspends a supervisor certificate under section 125 of the Law ; (ix) suspends a supervisor certificate under section 126 of the Law ; and\n- (i) amends a provider approval under section 23 of the Law ;\n- (ii) suspends a provider approval under section 27 or 28 of the Law ;\n- (iii) cancels or suspends a provider approval under section 33 of the Law ;\n- (iv) amends a service approval under section 55 of the Law ;\n- (v) suspends a service approval under section 72 or 73 of the Law ;\n- (vi) cancels or suspends a service approval under section 79 of the Law ;\n- (vii) amends a supervisor certificate under section 120 of the Law ;\n- (viii) cancels or suspends a supervisor certificate under section 125 of the Law ;\n- (ix) suspends a supervisor certificate under section 126 of the Law ; and\n- (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 Check Act 2000 .\n- (i) amends a provider approval under section 23 of the Law ;\n- (ii) suspends a provider approval under section 27 or 28 of the Law ;\n- (iii) cancels or suspends a provider approval under section 33 of the Law ;\n- (iv) amends a service approval under section 55 of the Law ;\n- (v) suspends a service approval under section 72 or 73 of the Law ;\n- (vi) cancels or suspends a service approval under section 79 of the Law ;\n- (vii) amends a supervisor certificate under section 120 of the Law ;\n- (viii) cancels or suspends a supervisor certificate under section 125 of the Law ;\n- (ix) suspends a supervisor certificate under section 126 of the Law ; and\n- (a) the person’s name and address;\n- (b) the person’s date and place of birth, if known;\n- (c) that disciplinary action has been taken against the person, without stating anything further about the disciplinary action.\n- (a) requests further information about the disciplinary action; and\n- (b) notifies the regulatory authority that the person— (i) holds a working with children authority; or (ii) has made a working with children check application.\n- (i) holds a working with children authority; or\n- (ii) has made a working with children check application.\n- (i) holds a working with children authority; or\n- (ii) has made a working with children check application.\n- (a) the form of the disciplinary action taken;\n- (b) when the conduct happened that constituted a ground for the disciplinary action;\n- (c) the nature of the conduct that constituted a ground for the disciplinary action;\n- (d) any other information about the disciplinary action the regulatory authority considers may be relevant to employment screening under the Working with Children Check Act 2000 , chapter 8 , including, for example, details about the nature of the disciplinary action.\n- (a) the request from the chief executive (employment screening) for the notice under subsection (5) includes the person’s date and place of birth; and\n- (b) the regulatory authority confirms the person’s date and place of birth with the person.\n- (a) the disciplinary action has been set aside;\n- (b) the reasons given by the entity that set the disciplinary action aside for setting it aside.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Giving information to chief executive (employment screening) about prohibition notices","content":"### sec.21 Giving information to chief executive (employment screening) about prohibition notices\n\nThis section applies if the regulatory authority gives a person a prohibition notice under the Education and Care Services National Law (Queensland) , part 7 , division 3 .\nThe regulatory authority must give written notice of the giving of the prohibition notice to the chief executive (employment screening).\nA notice under subsection (2) must state the following—\nthe person’s name and address;\nthe person’s date and place of birth, if known;\nthe person has been given a prohibition notice, without stating anything further about the giving of the prohibition notice.\nSubsection (5) applies if the chief executive (employment screening)—\nrequests further information about the prohibition notice; and\nnotifies the regulatory authority that the person—\nholds a working with children authority; or\nhas made a working with children check application.\nThe regulatory authority must give the chief executive (employment screening) a written notice stating the following—\nwhen the conduct that resulted in the prohibition notice happened;\nthe nature of the conduct that resulted in the prohibition notice;\nany other information about the prohibition notice the regulatory authority considers may be relevant to employment screening under the Working with Children Check Act 2000 , chapter 8 , including, for example, details about the nature of the prohibition notice.\nHowever, if the notice given under subsection (2) did not contain the person’s date and place of birth, subsection (5) applies only if—\nthe request from the chief executive (employment screening) for the notice under subsection (5) includes the person’s date and place of birth; and\nthe regulatory authority confirms the person’s date and place of birth with the person.\nIf a prohibition notice is given in relation to conduct relating to a particular child, a notice given under subsection (2) or (5) about the prohibition notice must not contain information that identifies, or is likely to identify, the child.\nIf the regulatory authority gives the chief executive (employment screening) information under subsection (5) about a prohibition notice and the prohibition notice is set aside on review or appeal, the regulatory authority must notify the chief executive (employment screening) of the following—\nthe prohibition notice has been set aside;\nthe reasons given by the entity that set the prohibition notice aside for setting it aside.\nAlso, under the Education and Care Services National Law (Queensland) , section 271 (5) , the regulatory authority may disclose, to the chief executive of the department responsible for the administration of the Working with Children Check Act 2000 , a prohibition notice as applying in any participating jurisdiction in respect of the person.\ns 21 amd 2014 No. 28 s 105 sch 1 ; 2019 No. 18 s 86 (2) sch 2 ; 2024 No. 49 s 130 sch 4 pt 2\n(sec.21-ssec.1) This section applies if the regulatory authority gives a person a prohibition notice under the Education and Care Services National Law (Queensland) , part 7 , division 3 .\n(sec.21-ssec.2) The regulatory authority must give written notice of the giving of the prohibition notice to the chief executive (employment screening).\n(sec.21-ssec.3) A notice under subsection (2) must state the following— the person’s name and address; the person’s date and place of birth, if known; the person has been given a prohibition notice, without stating anything further about the giving of the prohibition notice.\n(sec.21-ssec.4) Subsection (5) applies if the chief executive (employment screening)— requests further information about the prohibition notice; and notifies the regulatory authority that the person— holds a working with children authority; or has made a working with children check application.\n(sec.21-ssec.5) The regulatory authority must give the chief executive (employment screening) a written notice stating the following— when the conduct that resulted in the prohibition notice happened; the nature of the conduct that resulted in the prohibition notice; any other information about the prohibition notice the regulatory authority considers may be relevant to employment screening under the Working with Children Check Act 2000 , chapter 8 , including, for example, details about the nature of the prohibition notice.\n(sec.21-ssec.6) However, if the notice given under subsection (2) did not contain the person’s date and place of birth, subsection (5) applies only if— the request from the chief executive (employment screening) for the notice under subsection (5) includes the person’s date and place of birth; and the regulatory authority confirms the person’s date and place of birth with the person.\n(sec.21-ssec.7) If a prohibition notice is given in relation to conduct relating to a particular child, a notice given under subsection (2) or (5) about the prohibition notice must not contain information that identifies, or is likely to identify, the child.\n(sec.21-ssec.8) If the regulatory authority gives the chief executive (employment screening) information under subsection (5) about a prohibition notice and the prohibition notice is set aside on review or appeal, the regulatory authority must notify the chief executive (employment screening) of the following— the prohibition notice has been set aside; the reasons given by the entity that set the prohibition notice aside for setting it aside. Also, under the Education and Care Services National Law (Queensland) , section 271 (5) , the regulatory authority may disclose, to the chief executive of the department responsible for the administration of the Working with Children Check Act 2000 , a prohibition notice as applying in any participating jurisdiction in respect of the person.\n- (a) the person’s name and address;\n- (b) the person’s date and place of birth, if known;\n- (c) the person has been given a prohibition notice, without stating anything further about the giving of the prohibition notice.\n- (a) requests further information about the prohibition notice; and\n- (b) notifies the regulatory authority that the person— (i) holds a working with children authority; or (ii) has made a working with children check application.\n- (i) holds a working with children authority; or\n- (ii) has made a working with children check application.\n- (i) holds a working with children authority; or\n- (ii) has made a working with children check application.\n- (a) when the conduct that resulted in the prohibition notice happened;\n- (b) the nature of the conduct that resulted in the prohibition notice;\n- (c) any other information about the prohibition notice the regulatory authority considers may be relevant to employment screening under the Working with Children Check Act 2000 , chapter 8 , including, for example, details about the nature of the prohibition notice.\n- (a) the request from the chief executive (employment screening) for the notice under subsection (5) includes the person’s date and place of birth; and\n- (b) the regulatory authority confirms the person’s date and place of birth with the person.\n- (a) the prohibition notice has been set aside;\n- (b) the reasons given by the entity that set the prohibition notice aside for setting it aside.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Obtaining information from chief executive (employment screening) about employment screening","content":"### sec.22 Obtaining information from chief executive (employment screening) about employment screening\n\nThis section applies to the following individuals—\nan approved provider;\na person with management or control of an education and care service operated by an approved provider;\na certified supervisor;\nan educator;\nan adult occupant of a family day care residence.\nOn receiving a written request from the regulatory authority, the chief executive (employment screening) must give the regulatory authority the following information about a stated individual mentioned in subsection (1) —\nwhether the individual has made a working with children check application and, if so—\nthe date of the application; and\nif the application has been withdrawn—the date of the withdrawal;\nwhether a working with children authority or negative notice is in force for the individual and, if so, the date the authority or notice was issued;\nwhether a working with children authority or negative notice held by the individual has been cancelled and, if so, the date of the cancellation.\nThe chief executive (employment screening) may give the regulatory authority the information mentioned in subsection (2) (c) about an individual whether or not the regulatory authority has requested the information.\nIn this section—\nnegative notice see the Working with Children Check Act 2000 , section 18C .\noccupant , of a family day care residence, means a person who—\nresides in the family day care residence; or\nis usually present in the family day care residence when the education and care service is delivered there.\ns 22 amd 2014 No. 28 s 105 sch 1 ; 2019 No. 18 s 86 (2) sch 2 ; 2024 No. 50 s 140 sch 1 ; 2024 No. 49 s 130 sch 4 pt 2\n(sec.22-ssec.1) This section applies to the following individuals— an approved provider; a person with management or control of an education and care service operated by an approved provider; a certified supervisor; an educator; an adult occupant of a family day care residence.\n(sec.22-ssec.2) On receiving a written request from the regulatory authority, the chief executive (employment screening) must give the regulatory authority the following information about a stated individual mentioned in subsection (1) — whether the individual has made a working with children check application and, if so— the date of the application; and if the application has been withdrawn—the date of the withdrawal; whether a working with children authority or negative notice is in force for the individual and, if so, the date the authority or notice was issued; whether a working with children authority or negative notice held by the individual has been cancelled and, if so, the date of the cancellation.\n(sec.22-ssec.3) The chief executive (employment screening) may give the regulatory authority the information mentioned in subsection (2) (c) about an individual whether or not the regulatory authority has requested the information.\n(sec.22-ssec.4) In this section— negative notice see the Working with Children Check Act 2000 , section 18C . occupant , of a family day care residence, means a person who— resides in the family day care residence; or is usually present in the family day care residence when the education and care service is delivered there.\n- (a) an approved provider;\n- (b) a person with management or control of an education and care service operated by an approved provider;\n- (c) a certified supervisor;\n- (d) an educator;\n- (e) an adult occupant of a family day care residence.\n- (a) whether the individual has made a working with children check application and, if so— (i) the date of the application; and (ii) if the application has been withdrawn—the date of the withdrawal;\n- (i) the date of the application; and\n- (ii) if the application has been withdrawn—the date of the withdrawal;\n- (b) whether a working with children authority or negative notice is in force for the individual and, if so, the date the authority or notice was issued;\n- (c) whether a working with children authority or negative notice held by the individual has been cancelled and, if so, the date of the cancellation.\n- (i) the date of the application; and\n- (ii) if the application has been withdrawn—the date of the withdrawal;\n- (a) resides in the family day care residence; or\n- (b) is usually present in the family day care residence when the education and care service is delivered there.","sortOrder":26},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Application of Working with Children Check Act 2000","content":"## Application of Working with Children Check Act 2000","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Pending application for working with children card or check—corporation","content":"### sec.23 Pending application for working with children card or check—corporation\n\nThis section applies if—\na corporation is the approved provider of an education and care service; and\nan individual becomes an officer of the corporation within the meaning of the Corporations Act 2001 (Cwlth) who is responsible for managing the delivery of the education and care service; and\nSee the Education and Care Services National Law (Queensland) , section 5 (1) , definition person with management or control , paragraph (a) .\nthe individual does not hold a current working with children card or working with children check; and\nan application for a working with children card or working with children check is made for the individual.\nThe individual must not be taken to be not a fit and proper person under the Education and Care Services National Law (Queensland) only because the individual does not hold a current working with children card or working with children check.\nSubsection (2) stops applying in relation to the individual when the application mentioned in subsection (1) (d) is decided, or is withdrawn or lapses.\n(sec.23-ssec.1) This section applies if— a corporation is the approved provider of an education and care service; and an individual becomes an officer of the corporation within the meaning of the Corporations Act 2001 (Cwlth) who is responsible for managing the delivery of the education and care service; and See the Education and Care Services National Law (Queensland) , section 5 (1) , definition person with management or control , paragraph (a) . the individual does not hold a current working with children card or working with children check; and an application for a working with children card or working with children check is made for the individual.\n(sec.23-ssec.2) The individual must not be taken to be not a fit and proper person under the Education and Care Services National Law (Queensland) only because the individual does not hold a current working with children card or working with children check.\n(sec.23-ssec.3) Subsection (2) stops applying in relation to the individual when the application mentioned in subsection (1) (d) is decided, or is withdrawn or lapses.\n- (a) a corporation is the approved provider of an education and care service; and\n- (b) an individual becomes an officer of the corporation within the meaning of the Corporations Act 2001 (Cwlth) who is responsible for managing the delivery of the education and care service; and Note— See the Education and Care Services National Law (Queensland) , section 5 (1) , definition person with management or control , paragraph (a) .\n- (c) the individual does not hold a current working with children card or working with children check; and\n- (d) an application for a working with children card or working with children check is made for the individual.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Pending application for working with children card or check—eligible association","content":"### sec.24 Pending application for working with children card or check—eligible association\n\nThis section applies if—\nan eligible association is the approved provider of an education and care service; and\nan individual becomes a member of the executive committee of the association who has the responsibility, alone or with others, for managing the delivery of the education and care service; and\nSee the Education and Care Services National Law (Queensland) , section 5 (1) , definition person with management or control , paragraph (b) .\nthe individual does not hold a current working with children card or working with children check; and\nan application for a working with children card or working with children check is made for the individual.\nThe individual must not be taken to be not a fit and proper person under the Education and Care Services National Law (Queensland) only because the individual does not hold a current working with children card or working with children check.\nSubsection (2) stops applying in relation to the individual when the application mentioned in subsection (1) (d) is decided, or is withdrawn or lapses.\n(sec.24-ssec.1) This section applies if— an eligible association is the approved provider of an education and care service; and an individual becomes a member of the executive committee of the association who has the responsibility, alone or with others, for managing the delivery of the education and care service; and See the Education and Care Services National Law (Queensland) , section 5 (1) , definition person with management or control , paragraph (b) . the individual does not hold a current working with children card or working with children check; and an application for a working with children card or working with children check is made for the individual.\n(sec.24-ssec.2) The individual must not be taken to be not a fit and proper person under the Education and Care Services National Law (Queensland) only because the individual does not hold a current working with children card or working with children check.\n(sec.24-ssec.3) Subsection (2) stops applying in relation to the individual when the application mentioned in subsection (1) (d) is decided, or is withdrawn or lapses.\n- (a) an eligible association is the approved provider of an education and care service; and\n- (b) an individual becomes a member of the executive committee of the association who has the responsibility, alone or with others, for managing the delivery of the education and care service; and Note— See the Education and Care Services National Law (Queensland) , section 5 (1) , definition person with management or control , paragraph (b) .\n- (c) the individual does not hold a current working with children card or working with children check; and\n- (d) an application for a working with children card or working with children check is made for the individual.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns 25 amd 2013 No. 44 s 269 sch 1 pt 2 ; 2014 No. 28 s 105 sch 1\nom 2019 No. 18 s 86 (2) sch 2","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Death of sole holder of service approval","content":"### sec.26 Death of sole holder of service approval\n\nThis section applies if the approved provider of an education and care service dies.\nThe executor of the approved provider’s estate does not commit an offence against the Working with Children Check Act 2000 , section 176B , by operating the approved education and care service under the Education and Care Services National Law (Queensland) , section 39 , without a working with children clearance—\nduring the relevant period; and\nif the executor makes a working with children check application within the relevant period and does not withdraw the application—until the application is decided.\nThe executor of the approved provider’s estate does not commit an offence against the Working with Children Check Act 2000 , section 176G , by operating the approved education and care service under the Education and Care Services National Law (Queensland) , section 39 , without a working with children exemption, during the relevant period.\nIf the executor of the approved provider’s estate is a corporation, a reference in this section to the executor not committing an offence against a provision of the Working with Children Check Act 2000 also applies to an executive officer of the corporation.\nIn this section—\nrelevant period see the Education and Care Services National Law (Queensland) , section 39 (7) .\nworking with children clearance see the Working with Children Check Act 2000 , section 18A .\nworking with children exemption see the Working with Children Check Act 2000 , section 18B .\ns 26 amd 2014 No. 28 s 105 sch 1 ; 2019 No. 18 s 86 (2) sch 2 ; 2024 No. 50 s 140 sch 1 ; 2024 No. 49 s 130 sch 4 pt 2\n(sec.26-ssec.1) This section applies if the approved provider of an education and care service dies.\n(sec.26-ssec.2) The executor of the approved provider’s estate does not commit an offence against the Working with Children Check Act 2000 , section 176B , by operating the approved education and care service under the Education and Care Services National Law (Queensland) , section 39 , without a working with children clearance— during the relevant period; and if the executor makes a working with children check application within the relevant period and does not withdraw the application—until the application is decided.\n(sec.26-ssec.3) The executor of the approved provider’s estate does not commit an offence against the Working with Children Check Act 2000 , section 176G , by operating the approved education and care service under the Education and Care Services National Law (Queensland) , section 39 , without a working with children exemption, during the relevant period.\n(sec.26-ssec.4) If the executor of the approved provider’s estate is a corporation, a reference in this section to the executor not committing an offence against a provision of the Working with Children Check Act 2000 also applies to an executive officer of the corporation.\n(sec.26-ssec.5) In this section— relevant period see the Education and Care Services National Law (Queensland) , section 39 (7) . working with children clearance see the Working with Children Check Act 2000 , section 18A . working with children exemption see the Working with Children Check Act 2000 , section 18B .\n- (a) during the relevant period; and\n- (b) if the executor makes a working with children check application within the relevant period and does not withdraw the application—until the application is decided.","sortOrder":31},{"sectionNumber":"pt.4","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":32},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Use and disclosure of URL data relating to approved kindergarten programs","content":"## Use and disclosure of URL data relating to approved kindergarten programs","sortOrder":33},{"sectionNumber":"sec.32","sectionType":"section","heading":"Definitions for div 2","content":"### sec.32 Definitions for div 2\n\nIn this division—\napproved kindergarten program means a program for which an education and care service providing the program receives kindergarten program funding from the department or a central governing body.\nauthorised officer , of a central governing body, means an employee or officer of the central governing body for whom an authority is in force under section 33 .\ncentral governing body means an entity, prescribed under a regulation, that receives funding from the department for an approved kindergarten program provided by 1 or more relevant services to which the entity provides all or part of the funding.\ndisability includes a condition attributable to—\na physical, intellectual, hearing, vision or speech–language impairment, or a developmental delay; or\nan autistic spectrum disorder; or\na combination of impairments mentioned in paragraph (a) , a developmental delay or an autistic spectrum disorder.\nhealth practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession.\nrelevant service means an approved education and care service, other than an approved family day care service, that provides an approved kindergarten program.\nURL data means—\nthe following information about a child who is enrolled at a relevant service in an approved kindergarten program—\nthe child’s name, date of birth and gender;\nthe address of the child’s primary residence;\nwhether the child identifies, or has a parent who identifies, as being of Aboriginal or Torres Strait Islander descent;\nif the primary language of the child, or, if the child has not learned to speak, the child’s family, is not English—the primary language of the child or the child’s family;\nwhether the child, or a parent of the child, holds a health care card under the Social Security Act 1991 (Cwlth) ;\nwhether the child—\nhas been diagnosed by a health practitioner as having, or is suspected by a health practitioner of having, a disability or long-term medical condition; and\nneeds additional assistance because of the disability or medical condition;\nthe number of hours for which the child attended an approved kindergarten program during a particular period;\nother information about the child that is prescribed under a regulation; or\nthe following information about a staff member of a relevant service who delivers an approved kindergarten program—\nthe staff member’s name;\nfor a qualification in early childhood studies or child care studies held by the staff member—\nthe name of the qualification; and\nthe date on which the qualification was issued; and\nthe institution that issued the qualification;\nwhether the staff member holds full registration or provisional registration under the Education (Queensland College of Teachers) Act 2005 and, if so, the staff member’s identification number under that Act ;\nwhether the staff member identifies as being of Aboriginal or Torres Strait Islander descent;\nif the primary language of the staff member is not English—the primary language of the staff member;\nother information about the staff member that is prescribed under a regulation.\n- (a) a physical, intellectual, hearing, vision or speech–language impairment, or a developmental delay; or\n- (b) an autistic spectrum disorder; or\n- (c) a combination of impairments mentioned in paragraph (a) , a developmental delay or an autistic spectrum disorder.\n- (a) the following information about a child who is enrolled at a relevant service in an approved kindergarten program— (i) the child’s name, date of birth and gender; (ii) the address of the child’s primary residence; (iii) whether the child identifies, or has a parent who identifies, as being of Aboriginal or Torres Strait Islander descent; (iv) if the primary language of the child, or, if the child has not learned to speak, the child’s family, is not English—the primary language of the child or the child’s family; (v) whether the child, or a parent of the child, holds a health care card under the Social Security Act 1991 (Cwlth) ; (vi) whether the child— (A) has been diagnosed by a health practitioner as having, or is suspected by a health practitioner of having, a disability or long-term medical condition; and (B) needs additional assistance because of the disability or medical condition; (vii) the number of hours for which the child attended an approved kindergarten program during a particular period; (viii) other information about the child that is prescribed under a regulation; or\n- (i) the child’s name, date of birth and gender;\n- (ii) the address of the child’s primary residence;\n- (iii) whether the child identifies, or has a parent who identifies, as being of Aboriginal or Torres Strait Islander descent;\n- (iv) if the primary language of the child, or, if the child has not learned to speak, the child’s family, is not English—the primary language of the child or the child’s family;\n- (v) whether the child, or a parent of the child, holds a health care card under the Social Security Act 1991 (Cwlth) ;\n- (vi) whether the child— (A) has been diagnosed by a health practitioner as having, or is suspected by a health practitioner of having, a disability or long-term medical condition; and (B) needs additional assistance because of the disability or medical condition;\n- (A) has been diagnosed by a health practitioner as having, or is suspected by a health practitioner of having, a disability or long-term medical condition; and\n- (B) needs additional assistance because of the disability or medical condition;\n- (vii) the number of hours for which the child attended an approved kindergarten program during a particular period;\n- (viii) other information about the child that is prescribed under a regulation; or\n- (b) the following information about a staff member of a relevant service who delivers an approved kindergarten program— (i) the staff member’s name; (ii) for a qualification in early childhood studies or child care studies held by the staff member— (A) the name of the qualification; and (B) the date on which the qualification was issued; and (C) the institution that issued the qualification; (iii) whether the staff member holds full registration or provisional registration under the Education (Queensland College of Teachers) Act 2005 and, if so, the staff member’s identification number under that Act ; (iv) whether the staff member identifies as being of Aboriginal or Torres Strait Islander descent; (v) if the primary language of the staff member is not English—the primary language of the staff member; (vi) other information about the staff member that is prescribed under a regulation.\n- (i) the staff member’s name;\n- (ii) for a qualification in early childhood studies or child care studies held by the staff member— (A) the name of the qualification; and (B) the date on which the qualification was issued; and (C) the institution that issued the qualification;\n- (A) the name of the qualification; and\n- (B) the date on which the qualification was issued; and\n- (C) the institution that issued the qualification;\n- (iii) whether the staff member holds full registration or provisional registration under the Education (Queensland College of Teachers) Act 2005 and, if so, the staff member’s identification number under that Act ;\n- (iv) whether the staff member identifies as being of Aboriginal or Torres Strait Islander descent;\n- (v) if the primary language of the staff member is not English—the primary language of the staff member;\n- (vi) other information about the staff member that is prescribed under a regulation.\n- (i) the child’s name, date of birth and gender;\n- (ii) the address of the child’s primary residence;\n- (iii) whether the child identifies, or has a parent who identifies, as being of Aboriginal or Torres Strait Islander descent;\n- (iv) if the primary language of the child, or, if the child has not learned to speak, the child’s family, is not English—the primary language of the child or the child’s family;\n- (v) whether the child, or a parent of the child, holds a health care card under the Social Security Act 1991 (Cwlth) ;\n- (vi) whether the child— (A) has been diagnosed by a health practitioner as having, or is suspected by a health practitioner of having, a disability or long-term medical condition; and (B) needs additional assistance because of the disability or medical condition;\n- (A) has been diagnosed by a health practitioner as having, or is suspected by a health practitioner of having, a disability or long-term medical condition; and\n- (B) needs additional assistance because of the disability or medical condition;\n- (vii) the number of hours for which the child attended an approved kindergarten program during a particular period;\n- (viii) other information about the child that is prescribed under a regulation; or\n- (A) has been diagnosed by a health practitioner as having, or is suspected by a health practitioner of having, a disability or long-term medical condition; and\n- (B) needs additional assistance because of the disability or medical condition;\n- (i) the staff member’s name;\n- (ii) for a qualification in early childhood studies or child care studies held by the staff member— (A) the name of the qualification; and (B) the date on which the qualification was issued; and (C) the institution that issued the qualification;\n- (A) the name of the qualification; and\n- (B) the date on which the qualification was issued; and\n- (C) the institution that issued the qualification;\n- (iii) whether the staff member holds full registration or provisional registration under the Education (Queensland College of Teachers) Act 2005 and, if so, the staff member’s identification number under that Act ;\n- (iv) whether the staff member identifies as being of Aboriginal or Torres Strait Islander descent;\n- (v) if the primary language of the staff member is not English—the primary language of the staff member;\n- (vi) other information about the staff member that is prescribed under a regulation.\n- (A) the name of the qualification; and\n- (B) the date on which the qualification was issued; and\n- (C) the institution that issued the qualification;","sortOrder":34},{"sectionNumber":"sec.33","sectionType":"section","heading":"Authorised officers","content":"### sec.33 Authorised officers\n\nThe chief executive may give written authority to a person who is an employee or officer of a central governing body to receive, use and disclose URL data for this division if the chief executive is satisfied the person is, because of the person’s expertise or experience, an appropriate person to be given the authority.","sortOrder":35},{"sectionNumber":"sec.34","sectionType":"section","heading":"Disclosure of URL data to chief executive and central governing bodies by relevant services","content":"### sec.34 Disclosure of URL data to chief executive and central governing bodies by relevant services\n\nAn authorised person for a relevant service may disclose URL data to the chief executive.\nAn authorised person for a CGB service may disclose URL data to an authorised officer of the central governing body.\nAn authorised officer of a central governing body may disclose URL data received under this section to the chief executive.\nIn this section—\nauthorised person , for a relevant service, means the following—\nthe approved provider of the relevant service;\na staff member of the relevant service;\nan employee of the approved provider of the relevant service who administers URL data in the course of performing the employee’s duties.\nCGB service means a relevant service that—\nreceives funding from a central governing body for an approved kindergarten program; and\nhas been directed in writing by the central governing body to disclose URL data to it for the purpose of this section.\n(sec.34-ssec.1) An authorised person for a relevant service may disclose URL data to the chief executive.\n(sec.34-ssec.2) An authorised person for a CGB service may disclose URL data to an authorised officer of the central governing body.\n(sec.34-ssec.3) An authorised officer of a central governing body may disclose URL data received under this section to the chief executive.\n(sec.34-ssec.4) In this section— authorised person , for a relevant service, means the following— the approved provider of the relevant service; a staff member of the relevant service; an employee of the approved provider of the relevant service who administers URL data in the course of performing the employee’s duties. CGB service means a relevant service that— receives funding from a central governing body for an approved kindergarten program; and has been directed in writing by the central governing body to disclose URL data to it for the purpose of this section.\n- (a) the approved provider of the relevant service;\n- (b) a staff member of the relevant service;\n- (c) an employee of the approved provider of the relevant service who administers URL data in the course of performing the employee’s duties.\n- (a) receives funding from a central governing body for an approved kindergarten program; and\n- (b) has been directed in writing by the central governing body to disclose URL data to it for the purpose of this section.","sortOrder":36},{"sectionNumber":"sec.35","sectionType":"section","heading":"Use and disclosure of URL data by chief executive","content":"### sec.35 Use and disclosure of URL data by chief executive\n\nThe chief executive may use URL data received under this division for the following purposes—\nquality assuring of funding provided to relevant services and central governing bodies for approved kindergarten programs;\nplanning for, monitoring of outcomes of, and reporting on, early childhood initiatives;\npreparing the data for disclosure under section 36 .\nFor 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.\nFor 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.\n(sec.35-ssec.1) The chief executive may use URL data received under this division for the following purposes— quality assuring of funding provided to relevant services and central governing bodies for approved kindergarten programs; planning for, monitoring of outcomes of, and reporting on, early childhood initiatives; preparing the data for disclosure under section 36 .\n(sec.35-ssec.2) For 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.\n(sec.35-ssec.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.\n- (a) quality assuring of funding provided to relevant services and central governing bodies for approved kindergarten programs;\n- (b) planning for, monitoring of outcomes of, and reporting on, early childhood initiatives;\n- (c) preparing the data for disclosure under section 36 .","sortOrder":37},{"sectionNumber":"sec.36","sectionType":"section","heading":"Disclosure of URL data to Australian Bureau of Statistics and Australian Institute of Health and Welfare","content":"### sec.36 Disclosure of URL data to Australian Bureau of Statistics and Australian Institute of Health and Welfare\n\nThe chief executive may disclose URL data to a prescribed entity for the purpose of meeting Queensland’s obligations under the early childhood data agreement.\nA 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.\nIn this section—\nearly 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.\nprescribed entity means—\nthe Australian Bureau of Statistics; or\nthe Australian Institute of Health and Welfare established under the Australian Institute of Health and Welfare Act 1987 (Cwlth) .\n(sec.36-ssec.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.\n(sec.36-ssec.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.\n(sec.36-ssec.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— the Australian Bureau of Statistics; or the Australian Institute of Health and Welfare established under the Australian Institute of Health and Welfare Act 1987 (Cwlth) .\n- (a) the Australian Bureau of Statistics; or\n- (b) the Australian Institute of Health and Welfare established under the Australian Institute of Health and Welfare Act 1987 (Cwlth) .","sortOrder":38},{"sectionNumber":"sec.37","sectionType":"section","heading":"Recording, use and disclosure of URL data by authorised officer of central governing body","content":"### sec.37 Recording, use and disclosure of URL data by authorised officer of central governing body\n\nAn authorised officer of a central governing body may use URL data received under this division for the following purposes—\nquality assuring and distributing funding received from the department for approved kindergarten programs;\nplanning, developing and implementing services for children and parents;\nplanning, developing and implementing professional development programs for staff members of relevant services;\nimplementing curriculum development initiatives;\nreporting on the central governing body’s performance.\nFor 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.\nA person who is or has been an authorised officer of a central governing body and who receives or received URL data under this division must not record or use the data, or disclose it to anyone, other than under this section or section 34 (3) .\nMaximum penalty—40 penalty units.\ns 37 amd 2013 No. 44 s 269 sch 1 pt 2\n(sec.37-ssec.1) An authorised officer of a central governing body may use URL data received under this division for the following purposes— quality assuring and distributing funding received from the department for approved kindergarten programs; planning, developing and implementing services for children and parents; planning, developing and implementing professional development programs for staff members of relevant services; implementing curriculum development initiatives; reporting on the central governing body’s performance.\n(sec.37-ssec.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.\n(sec.37-ssec.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 division must not record or use the data, or disclose it to anyone, other than under this section or section 34 (3) . Maximum penalty—40 penalty units.\n- (a) quality assuring and distributing funding received from the department for approved kindergarten programs;\n- (b) planning, developing and implementing services for children and parents;\n- (c) planning, developing and implementing professional development programs for staff members of relevant services;\n- (d) implementing curriculum development initiatives;\n- (e) reporting on the central governing body’s performance.","sortOrder":39},{"sectionNumber":"sec.38","sectionType":"section","heading":"Transitional—authorised officers","content":"### sec.38 Transitional—authorised officers\n\nThis section applies to a person who, immediately before the scheme commencement day, was an authorised officer of a central governing body under the Child Care Act 2002 , part 9 , division 3 , subdivision 2 .\nFrom the commencement, the person’s authority to receive, use and disclose URL data for the purposes of that subdivision continues in force as an authority given under section 33 to receive, use and disclose URL data for this division.\n(sec.38-ssec.1) This section applies to a person who, immediately before the scheme commencement day, was an authorised officer of a central governing body under the Child Care Act 2002 , part 9 , division 3 , subdivision 2 .\n(sec.38-ssec.2) From the commencement, the person’s authority to receive, use and disclose URL data for the purposes of that subdivision continues in force as an authority given under section 33 to receive, use and disclose URL data for this division.","sortOrder":40},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Application of Commonwealth Acts","content":"## Application of Commonwealth Acts","sortOrder":41},{"sectionNumber":"sec.39","sectionType":"section","heading":"Application of Commonwealth Privacy Act","content":"### sec.39 Application of Commonwealth Privacy Act\n\nThe Privacy Act 1988 (Cwlth) applies under the Education and Care Services National Law (Queensland) , section 263 as if a reference in the applied provisions to the Administrative Review Tribunal were a reference to QCAT.\nThis Act is taken to be an enabling Act under the QCAT Act that confers jurisdiction on QCAT by applying the Privacy Act 1988 (Cwlth) as mentioned in subsection (1) .\ns 39 amd 2024 No. 47 s 78 sch 2\n(sec.39-ssec.1) The Privacy Act 1988 (Cwlth) applies under the Education and Care Services National Law (Queensland) , section 263 as if a reference in the applied provisions to the Administrative Review Tribunal were a reference to QCAT.\n(sec.39-ssec.2) This Act is taken to be an enabling Act under the QCAT Act that confers jurisdiction on QCAT by applying the Privacy Act 1988 (Cwlth) as mentioned in subsection (1) .","sortOrder":42},{"sectionNumber":"sec.40","sectionType":"section","heading":"Application of Commonwealth FOI Act","content":"### sec.40 Application of Commonwealth FOI Act\n\nThe Freedom of Information Act 1982 (Cwlth) applies under the Education and Care Services National Law (Queensland) , section 264 as if a reference in the applied provisions to the Administrative Review Tribunal were a reference to QCAT.\nThis Act is taken to be an enabling Act under the QCAT Act that confers jurisdiction on QCAT by applying the Freedom of Information Act 1982 (Cwlth) as mentioned in subsection (1) .\ns 40 amd 2024 No. 47 s 78 sch 2\n(sec.40-ssec.1) The Freedom of Information Act 1982 (Cwlth) applies under the Education and Care Services National Law (Queensland) , section 264 as if a reference in the applied provisions to the Administrative Review Tribunal were a reference to QCAT.\n(sec.40-ssec.2) This Act is taken to be an enabling Act under the QCAT Act that confers jurisdiction on QCAT by applying the Freedom of Information Act 1982 (Cwlth) as mentioned in subsection (1) .","sortOrder":43},{"sectionNumber":"sec.41","sectionType":"section","heading":"Application of Commonwealth Ombudsman Act","content":"### sec.41 Application of Commonwealth Ombudsman Act\n\nThe Ombudsman Act 1976 (Cwlth) applies under the Education and Care Services National Law (Queensland) , section 282 as if a reference in the applied provisions to the Administrative Review Tribunal were a reference to QCAT.\nThis Act is taken to be an enabling Act under the QCAT Act that confers jurisdiction on QCAT by applying the Ombudsman Act 1976 (Cwlth) as mentioned in subsection (1) .\nTo remove any doubt, it is declared that QCAT has the jurisdiction mentioned in subsection (2) even to the extent the jurisdiction is not original, review or appeal jurisdiction.\ns 41 amd 2024 No. 47 s 78 sch 2\n(sec.41-ssec.1) The Ombudsman Act 1976 (Cwlth) applies under the Education and Care Services National Law (Queensland) , section 282 as if a reference in the applied provisions to the Administrative Review Tribunal were a reference to QCAT.\n(sec.41-ssec.2) This Act is taken to be an enabling Act under the QCAT Act that confers jurisdiction on QCAT by applying the Ombudsman Act 1976 (Cwlth) as mentioned in subsection (1) .\n(sec.41-ssec.3) To remove any doubt, it is declared that QCAT has the jurisdiction mentioned in subsection (2) even to the extent the jurisdiction is not original, review or appeal jurisdiction.","sortOrder":44},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"External review of decisions","content":"## External review of decisions","sortOrder":45},{"sectionNumber":"sec.42","sectionType":"section","heading":"Meaning of reviewable decision","content":"### sec.42 Meaning of reviewable decision\n\nIn this division—\nreviewable decision means a decision that, under the Education and Care Services National Law (Queensland) , section 192 , is a reviewable decision for external review.","sortOrder":46},{"sectionNumber":"sec.43","sectionType":"section","heading":"Regulatory authority must give notice after making reviewable decision","content":"### sec.43 Regulatory authority must give notice after making reviewable decision\n\nImmediately after making a reviewable decision, the regulatory authority must give to the person who is the subject of the decision a notice for the decision complying with the QCAT Act , section 157 (2) .\nThe regulatory authority may give a notice for the purpose of complying with subsection (1) and for another purpose.\nThe regulatory authority may give a person a prohibition notice stating—\nthe matters required to be stated in the prohibition notice under the Education and Care Services National Law (Queensland) , section 185 ; and\nthe matters required to be stated under subsection (1) about the decision to give the prohibition notice.\n(sec.43-ssec.1) Immediately after making a reviewable decision, the regulatory authority must give to the person who is the subject of the decision a notice for the decision complying with the QCAT Act , section 157 (2) .\n(sec.43-ssec.2) The regulatory authority may give a notice for the purpose of complying with subsection (1) and for another purpose. The regulatory authority may give a person a prohibition notice stating— the matters required to be stated in the prohibition notice under the Education and Care Services National Law (Queensland) , section 185 ; and the matters required to be stated under subsection (1) about the decision to give the prohibition notice.\n- (a) the matters required to be stated in the prohibition notice under the Education and Care Services National Law (Queensland) , section 185 ; and\n- (b) the matters required to be stated under subsection (1) about the decision to give the prohibition notice.","sortOrder":47},{"sectionNumber":"sec.44","sectionType":"section","heading":"Constitution of QCAT","content":"### sec.44 Constitution of QCAT\n\nFor a review of a reviewable decision, QCAT must be constituted, to the extent practicable, with at least 1 member with specialist knowledge and expertise relevant to the matter the subject of the review.\nHowever, QCAT must not be constituted by a member who—\nis, or was when the reviewable decision was made, an employee or officer of the department; or\nhas been refused a provider approval, service approval or supervisor certificate; or\nhas had a provider approval, service approval or supervisor certificate cancelled; or\nhas been refused a licence under the Child Care Act 2002 or the repealed Child Care Act 1991 ; or\nhas had a licence under the Child Care Act 2002 or the repealed Child Care Act 1991 revoked.\n(sec.44-ssec.1) For a review of a reviewable decision, QCAT must be constituted, to the extent practicable, with at least 1 member with specialist knowledge and expertise relevant to the matter the subject of the review.\n(sec.44-ssec.2) However, QCAT must not be constituted by a member who— is, or was when the reviewable decision was made, an employee or officer of the department; or has been refused a provider approval, service approval or supervisor certificate; or has had a provider approval, service approval or supervisor certificate cancelled; or has been refused a licence under the Child Care Act 2002 or the repealed Child Care Act 1991 ; or has had a licence under the Child Care Act 2002 or the repealed Child Care Act 1991 revoked.\n- (a) is, or was when the reviewable decision was made, an employee or officer of the department; or\n- (b) has been refused a provider approval, service approval or supervisor certificate; or\n- (c) has had a provider approval, service approval or supervisor certificate cancelled; or\n- (d) has been refused a licence under the Child Care Act 2002 or the repealed Child Care Act 1991 ; or\n- (e) has had a licence under the Child Care Act 2002 or the repealed Child Care Act 1991 revoked.","sortOrder":48},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Regulations","content":"## Regulations","sortOrder":49},{"sectionNumber":"sec.45","sectionType":"section","heading":"Regulation-making power","content":"### sec.45 Regulation-making power\n\nThe Governor in Council may make regulations under the local application provisions of this Act.","sortOrder":50},{"sectionNumber":"sec.46","sectionType":"section","heading":null,"content":"### Section sec.46\n\ns 46 exp 1 January 2014 (see s 46(4))","sortOrder":51},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":52},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 38 of 2011","content":"## Transitional provisions for Act No. 38 of 2011","sortOrder":53},{"sectionNumber":"sec.46-oc.2","sectionType":"section","heading":"Giving information to children’s commissioner about disciplinary action","content":"### sec.46-oc.2 Giving information to children’s commissioner about disciplinary action\n\nThis section applies if, before the scheme commencement day, disciplinary action mentioned in the Child Care Act 2002 , section 50A(1) was taken in relation to a licence for a child care service.\nThe Child Care Act 2002 , section 50A continues to apply in relation to the disciplinary action, even if the service is declared under this Act to be a declared approved service.\ns 46 (prev s 27) reloc and renum 2025 No. 24 s 39Y (2) – (3)\n(sec.46-oc.2-ssec.1) This section applies if, before the scheme commencement day, disciplinary action mentioned in the Child Care Act 2002 , section 50A(1) was taken in relation to a licence for a child care service.\n(sec.46-oc.2-ssec.2) The Child Care Act 2002 , section 50A continues to apply in relation to the disciplinary action, even if the service is declared under this Act to be a declared approved service.","sortOrder":54},{"sectionNumber":"sec.47","sectionType":"section","heading":"QCAT reviews of decisions under Child Care Act 2002","content":"### sec.47 QCAT reviews of decisions under Child Care Act 2002\n\nThis section applies to a decision made by the chief executive under the Child Care Act 2002 before the scheme commencement day if—\nthe decision—\nrelated to a licence, or an application for a licence, under that Act for a child care service; or\nwas to give a compliance notice relating to a contravention of a provision of the Child Care Act 2002 in relation to a child care service; and\nthe child care service is, on the scheme commencement day, a declared approved service; and\nimmediately before the scheme commencement day—\na person had a right under the Child Care Act 2002 , section 163 to apply to QCAT to have the decision reviewed but had not made an application; or\na person had applied to QCAT under the Child Care Act 2002 , section 163 to have the decision reviewed but QCAT had not finished dealing with the application.\nIf subsection (1)(c)(i) applies, the person may apply to QCAT, and QCAT may deal with the application, under the Child Care Act 2002 as if the service were still a child care service to which that Act applied.\nIf subsection (1)(c)(ii) applies, QCAT may continue to deal with the application under the Child Care Act 2002 as if the service were still a child care service to which that Act applied.\nHowever, in exercising its powers after reviewing the decision, QCAT must make the orders it considers appropriate having regard to the provisions of the Education and Care Services National Law (Queensland).\nAn application for review mentioned in subsection (3) concerns a decision to refuse an application for a licence under the Child Care Act 2002 . QCAT may order that the chief executive issue the person a provider approval and service approval under this Act.\nIf, for a decision mentioned in subsection (1)(a)(ii), QCAT confirms the decision to give the compliance notice, it is taken to be a compliance notice under the Education and Care Services National Law (Queensland).\ns 47 (prev s 28) reloc and renum 2025 No. 24 s 39Y (2) – (3)\n(sec.47-ssec.1) This section applies to a decision made by the chief executive under the Child Care Act 2002 before the scheme commencement day if— the decision— related to a licence, or an application for a licence, under that Act for a child care service; or was to give a compliance notice relating to a contravention of a provision of the Child Care Act 2002 in relation to a child care service; and the child care service is, on the scheme commencement day, a declared approved service; and immediately before the scheme commencement day— a person had a right under the Child Care Act 2002 , section 163 to apply to QCAT to have the decision reviewed but had not made an application; or a person had applied to QCAT under the Child Care Act 2002 , section 163 to have the decision reviewed but QCAT had not finished dealing with the application.\n(sec.47-ssec.2) If subsection (1)(c)(i) applies, the person may apply to QCAT, and QCAT may deal with the application, under the Child Care Act 2002 as if the service were still a child care service to which that Act applied.\n(sec.47-ssec.3) If subsection (1)(c)(ii) applies, QCAT may continue to deal with the application under the Child Care Act 2002 as if the service were still a child care service to which that Act applied.\n(sec.47-ssec.4) However, in exercising its powers after reviewing the decision, QCAT must make the orders it considers appropriate having regard to the provisions of the Education and Care Services National Law (Queensland). An application for review mentioned in subsection (3) concerns a decision to refuse an application for a licence under the Child Care Act 2002 . QCAT may order that the chief executive issue the person a provider approval and service approval under this Act.\n(sec.47-ssec.5) If, for a decision mentioned in subsection (1)(a)(ii), QCAT confirms the decision to give the compliance notice, it is taken to be a compliance notice under the Education and Care Services National Law (Queensland).\n- (a) the decision— (i) related to a licence, or an application for a licence, under that Act for a child care service; or (ii) was to give a compliance notice relating to a contravention of a provision of the Child Care Act 2002 in relation to a child care service; and\n- (i) related to a licence, or an application for a licence, under that Act for a child care service; or\n- (ii) was to give a compliance notice relating to a contravention of a provision of the Child Care Act 2002 in relation to a child care service; and\n- (b) the child care service is, on the scheme commencement day, a declared approved service; and\n- (c) immediately before the scheme commencement day— (i) a person had a right under the Child Care Act 2002 , section 163 to apply to QCAT to have the decision reviewed but had not made an application; or (ii) a person had applied to QCAT under the Child Care Act 2002 , section 163 to have the decision reviewed but QCAT had not finished dealing with the application.\n- (i) a person had a right under the Child Care Act 2002 , section 163 to apply to QCAT to have the decision reviewed but had not made an application; or\n- (ii) a person had applied to QCAT under the Child Care Act 2002 , section 163 to have the decision reviewed but QCAT had not finished dealing with the application.\n- (i) related to a licence, or an application for a licence, under that Act for a child care service; or\n- (ii) was to give a compliance notice relating to a contravention of a provision of the Child Care Act 2002 in relation to a child care service; and\n- (i) a person had a right under the Child Care Act 2002 , section 163 to apply to QCAT to have the decision reviewed but had not made an application; or\n- (ii) a person had applied to QCAT under the Child Care Act 2002 , section 163 to have the decision reviewed but QCAT had not finished dealing with the application.","sortOrder":55},{"sectionNumber":"sec.48","sectionType":"section","heading":"Chief executive reviews of compliance notice decisions under Child Care Act 2002","content":"### sec.48 Chief executive reviews of compliance notice decisions under Child Care Act 2002\n\nThis section applies to a decision made by the chief executive under the Child Care Act 2002 before the scheme commencement day if—\nthe decision was to give to a person a compliance notice relating to a contravention of a provision of the Child Care Act 2002 ; and\nthe contravention related to a child care service that is, on the scheme commencement day, a declared approved service; and\nimmediately before the scheme commencement day—\na person had a right under the Child Care Act 2002 , section 164B to apply to the chief executive to have the decision reviewed but had not made an application; or\na person had applied to the chief executive under the Child Care Act 2002 , section 164B to have the decision reviewed but the chief executive had not finished dealing with the application.\nIf subsection (1)(c)(i) applies, the person may apply to the chief executive, and the chief executive may deal with the application, under the Child Care Act 2002 as if the service were still a child care service to which that Act applied.\nIf subsection (1)(c)(ii) applies, the chief executive may continue to deal with the application under the Child Care Act 2002 as if the service were still a child care service to which that Act applied.\nIf the chief executive confirms the decision to give the compliance notice, it is taken to be a compliance notice under the Education and Care Services National Law (Queensland).\ns 48 (prev s 29) reloc and renum 2025 No. 24 s 39Y (2) – (3)\n(sec.48-ssec.1) This section applies to a decision made by the chief executive under the Child Care Act 2002 before the scheme commencement day if— the decision was to give to a person a compliance notice relating to a contravention of a provision of the Child Care Act 2002 ; and the contravention related to a child care service that is, on the scheme commencement day, a declared approved service; and immediately before the scheme commencement day— a person had a right under the Child Care Act 2002 , section 164B to apply to the chief executive to have the decision reviewed but had not made an application; or a person had applied to the chief executive under the Child Care Act 2002 , section 164B to have the decision reviewed but the chief executive had not finished dealing with the application.\n(sec.48-ssec.2) If subsection (1)(c)(i) applies, the person may apply to the chief executive, and the chief executive may deal with the application, under the Child Care Act 2002 as if the service were still a child care service to which that Act applied.\n(sec.48-ssec.3) If subsection (1)(c)(ii) applies, the chief executive may continue to deal with the application under the Child Care Act 2002 as if the service were still a child care service to which that Act applied.\n(sec.48-ssec.4) If the chief executive confirms the decision to give the compliance notice, it is taken to be a compliance notice under the Education and Care Services National Law (Queensland).\n- (a) the decision was to give to a person a compliance notice relating to a contravention of a provision of the Child Care Act 2002 ; and\n- (b) the contravention related to a child care service that is, on the scheme commencement day, a declared approved service; and\n- (c) immediately before the scheme commencement day— (i) a person had a right under the Child Care Act 2002 , section 164B to apply to the chief executive to have the decision reviewed but had not made an application; or (ii) a person had applied to the chief executive under the Child Care Act 2002 , section 164B to have the decision reviewed but the chief executive had not finished dealing with the application.\n- (i) a person had a right under the Child Care Act 2002 , section 164B to apply to the chief executive to have the decision reviewed but had not made an application; or\n- (ii) a person had applied to the chief executive under the Child Care Act 2002 , section 164B to have the decision reviewed but the chief executive had not finished dealing with the application.\n- (i) a person had a right under the Child Care Act 2002 , section 164B to apply to the chief executive to have the decision reviewed but had not made an application; or\n- (ii) a person had applied to the chief executive under the Child Care Act 2002 , section 164B to have the decision reviewed but the chief executive had not finished dealing with the application.","sortOrder":56},{"sectionNumber":"sec.49","sectionType":"section","heading":"Authorised officers","content":"### sec.49 Authorised officers\n\nThis section applies to an appointment of a person as an authorised officer under the Child Care Act 2002 , section 111 that was in force immediately before the scheme commencement day.\nThe appointment continues as an authorisation of the person under the Education and Care Services National Law (Queensland), section 195 until it ends under that Law.\nAs soon as practicable after the scheme commencement day, the chief executive must issue to the person an identity card under the Education and Care Services National Law (Queensland), section 196.\nSubsection (2) does not affect the operation of the appointment under the Child Care Act 2002 on or after the scheme commencement day.\ns 49 (prev s 30) reloc and renum 2025 No. 24 s 39Y (2) – (3)\n(sec.49-ssec.1) This section applies to an appointment of a person as an authorised officer under the Child Care Act 2002 , section 111 that was in force immediately before the scheme commencement day.\n(sec.49-ssec.2) The appointment continues as an authorisation of the person under the Education and Care Services National Law (Queensland), section 195 until it ends under that Law.\n(sec.49-ssec.3) As soon as practicable after the scheme commencement day, the chief executive must issue to the person an identity card under the Education and Care Services National Law (Queensland), section 196.\n(sec.49-ssec.4) Subsection (2) does not affect the operation of the appointment under the Child Care Act 2002 on or after the scheme commencement day.","sortOrder":57},{"sectionNumber":"sec.50","sectionType":"section","heading":"Application of Information Privacy Act 2009 and Right to Information Act 2009","content":"### sec.50 Application of Information Privacy Act 2009 and Right to Information Act 2009\n\nTo remove any doubt, it is declared that section 6(1)(b) and (c) do not affect the application of the Information Privacy Act 2009 and the Right to Information Act 2009 in relation to the Child Care Act 2002 or instruments made under that Act.\nBefore the scheme commencement day, an application is made for a licence for a child care service under the Child Care Act 2002 . Even if the child care service becomes an education and care service, a person’s right of access under the Right to Information Act 2009 to documents of the department relating to the application is unaffected.\ns 50 (prev s 31) reloc and renum 2025 No. 24 s 39Y (2) – (3)","sortOrder":58},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Transitional provisions for Education (General Provisions) Amendment Act 2025","content":"## Transitional provisions for Education (General Provisions) Amendment Act 2025","sortOrder":59},{"sectionNumber":"sec.51","sectionType":"section","heading":"Definition for division","content":"### sec.51 Definition for division\n\nIn this division—\nrest period condition , in relation to a service approval for an approved education and care service, means a condition providing for 1 or more periods during a day, totalling not more than 2 hours during the day, to be rest periods for the approved education and care service.\ns 51 ins 2025 No. 24 s 39Z","sortOrder":60},{"sectionNumber":"sec.52","sectionType":"section","heading":"Rest period condition of no effect","content":"### sec.52 Rest period condition of no effect\n\nThis section applies in relation to a service approval if, immediately before the commencement, the service approval was subject to a rest period condition.\nFrom the commencement—\nthe rest period condition is of no effect; and\nthe service approval is taken not to be subject to the rest period condition.\ns 52 ins 2025 No. 24 s 39Z\n(sec.52-ssec.1) This section applies in relation to a service approval if, immediately before the commencement, the service approval was subject to a rest period condition.\n(sec.52-ssec.2) From the commencement— the rest period condition is of no effect; and the service approval is taken not to be subject to the rest period condition.\n- (a) the rest period condition is of no effect; and\n- (b) the service approval is taken not to be subject to the rest period condition.","sortOrder":61},{"sectionNumber":"sec.53","sectionType":"section","heading":"Undecided applications including request for rest period condition","content":"### sec.53 Undecided applications including request for rest period condition\n\nThis section applies in relation to an application under the Education and Care Services National Law (Queensland) for a service approval or an amendment of a service approval made before the commencement if—\nthe application included a request for a rest period condition; and\nimmediately before the commencement, the application had not been decided.\nThe application must be decided as if it had not included the request for the rest period condition.\ns 53 ins 2025 No. 24 s 39Z\n(sec.53-ssec.1) This section applies in relation to an application under the Education and Care Services National Law (Queensland) for a service approval or an amendment of a service approval made before the commencement if— the application included a request for a rest period condition; and immediately before the commencement, the application had not been decided.\n(sec.53-ssec.2) The application must be decided as if it had not included the request for the rest period condition.\n- (a) the application included a request for a rest period condition; and\n- (b) immediately before the commencement, the application had not been decided.","sortOrder":62},{"sectionNumber":"sec.54","sectionType":"section","heading":"Revocation of authority for particular employees or officers of Corporation of the Bishops","content":"### sec.54 Revocation of authority for particular employees or officers of Corporation of the Bishops\n\nThis section applies if—\nbefore the commencement, the chief executive gave written authority under section 33 to an employee or officer of the Corporation of the Bishops; and\nimmediately before the commencement, the authority was still in force.\nOn the commencement, the authority is revoked.\nIn this section—\nCorporation of the Bishops means the Corporation of the Roman Catholic Bishops of Queensland established under the Roman Catholic Church (Incorporation of Church Entities) Act 1994 .\ns 54 ins 2025 No. 24 s 39Z\n(sec.54-ssec.1) This section applies if— before the commencement, the chief executive gave written authority under section 33 to an employee or officer of the Corporation of the Bishops; and immediately before the commencement, the authority was still in force.\n(sec.54-ssec.2) On the commencement, the authority is revoked.\n(sec.54-ssec.3) In this section— Corporation of the Bishops means the Corporation of the Roman Catholic Bishops of Queensland established under the Roman Catholic Church (Incorporation of Church Entities) Act 1994 .\n- (a) before the commencement, the chief executive gave written authority under section 33 to an employee or officer of the Corporation of the Bishops; and\n- (b) immediately before the commencement, the authority was still in force.","sortOrder":63}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act replaces and subsumes parts of Queensland’s prior child‑care regulatory framework by adopting the national Law (sec.4) and declaring prior licences, approvals and roles to be 'declared' equivalents (sec.18). It narrows the direct application of several state Acts to matters governed by the national Law (sec.6), while preserving transitional rights and certain state processes (secs.46–54, 47–48)."},"complexity_factors":["Incorporation of an external, living text: the Education and Care Services National Law is applied 'as in force from time to time' (sec.4), creating ongoing cross‑jurisdictional update complexity.","Extensive cross‑references and carved‑out application of other statutes: multiple state and Commonwealth Acts are applied, excluded or modified for the Law (secs.6, 39–41), requiring careful reconciliation.","Interlocking interaction with the Working with Children Check scheme: mandatory notice, information exchange, and temporary exceptions for applicants and executors (secs.19–26, 20–22, 23–26).","Detailed transitional arrangements converting old licences, approvals and roles into the national scheme and preserving certain review rights (secs.18, 46–54, 47–48), increasing implementation friction.","Data governance regime for URL data: definitions, authorised officers, permitted uses, disclosure to Commonwealth bodies and penalties for misuse (secs.32–37, 36), creating privacy and compliance burdens.","Delegation and discretion: chief executive may authorise central governing body officers to receive/use data (sec.33) and make regulations under the Act (sec.45), concentrating administrative discretion.","External review architecture: requirements for notice, QCAT constitution rules and reviewable decision mapping to national provisions (secs.42–44, 43), layering state review processes onto the national law.","Multiple defined terms and local definitions aligning state meanings with the national Law (secs.3, 7, 8–16), adding interpretive complexity for practitioners."],"plain_english_summary":"This Act adopts the Education and Care Services National Law into Queensland law, designates the chief executive as the regulatory authority, aligns state and Commonwealth instruments (including the Working with Children Check) with the national scheme, and sets transitional rules for existing child‑care licences. It also establishes rules for collecting, sharing and protecting kindergarten enrolment (URL) data and for external review of regulatory decisions. It affects approved providers, staff, authorised officers, central governing bodies and data recipients by defining compliance, reporting and information‑sharing obligations."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":756},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: adopting and implementing the national childcare regulatory framework in Queensland. While amendments have added data collection provisions and updated references to keep pace with legislative changes (such as the 2024 Working with Children Check Act amendments and 2025 rest period provisions), these are within the scope of administering the national system rather than expanding into new policy areas."},"complexity_factors":["Applied law model requires understanding of Victorian legislation that is not reproduced in this Act","Multiple cross-references to external Queensland and Commonwealth statutes (over 15 different Acts referenced)","Nested conditional logic in information-sharing provisions (e.g., Section 20 has 8 subsections with multiple conditions)","Transitional provisions spanning multiple legislative regimes (old Child Care Act 2002, new National Law, and amendments up to 2025)","Detailed data collection and privacy rules in Part 4 Division 2 with specific permitted uses and disclosure restrictions","Multiple definitions sections that rely on external statutes rather than self-contained definitions","Overlapping administrative frameworks: regulatory authority, chief executive, employment screening chief executive, central governing bodies"],"plain_english_summary":"This Act is Queensland's way of adopting a national system for regulating childcare and early education services. Instead of writing its own rules from scratch, Queensland 'imports' the **Education and Care Services National Law** that was originally created by Victoria, and applies it as if it were Queensland law.\n\n**What this Act actually does:**\n\n- **Adopts the national law** (Section 4): The Victorian National Law automatically becomes Queensland law, including any future updates. This is called an 'applied law' model — Queensland doesn't rewrite the rules, it just borrows them.\n\n- **Sets up Queensland-specific machinery** (Sections 7–18): It defines which Queensland bodies, courts, and other laws connect to the national system — for example, declaring the chief executive as the 'regulatory authority', QCAT as the review tribunal, and various Queensland education and child protection laws as related laws.\n\n- **Links to working with children checks** (Part 3, Sections 19–26): Creates information-sharing between the childcare regulator and the employment screening authority. If someone is disciplined or banned from childcare, that information flows through to their working with children check. It also provides grace periods for people who are applying for these checks.\n\n- **Manages data collection for kindergarten programs** (Part 4, Division 2, Sections 32–38): Sets up a system for collecting detailed information about children and staff in government-funded kindergarten programs — including names, addresses, Indigenous status, language background, disability status, and attendance hours. This data can be shared with the Australian Bureau of Statistics and AIHW for national reporting.\n\n- **Handles reviews and appeals** (Sections 42–44): Sets up QCAT (Queensland Civil and Administrative Tribunal) to review decisions made under the national law, with special rules about who can sit on the tribunal.\n\n- **Deals with the transition from old laws** (Part 5): Smoothly moves existing childcare licences and approvals from the old *Child Care Act 2002* into the new national system, and preserves people's rights to appeal old decisions.\n\n**Who it affects:** Childcare providers, family day care operators, early childhood educators, parents using childcare services, and government agencies that regulate and fund these services.\n\n**Why it matters:** This is how Queensland participates in a national quality framework for early childhood education, ensuring consistent standards across states while keeping local administrative arrangements in place."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded beyond its original 2011 scope through multiple amendments. It now incorporates updated references to new legislation (e.g., Public Sector Act 2022, Public Records Act 2023, Working with Children Check Act 2000 as repeatedly amended), has added detailed Working with Children Check information-sharing provisions that grew in complexity over time, updated court references (including the new Administrative Review Tribunal replacing older bodies), and relocated/renumbered transitional provisions as recently as 2025. The kindergarten data (URL data) provisions also represent a substantive addition to the original regulatory framework."},"complexity_factors":["Multi-layered legal structure: Queensland Act adopts a Victorian Act as a schedule, creating a 'law within a law' arrangement that requires readers to consult multiple documents","Cross-jurisdictional framework: The national cooperative scheme involves Commonwealth, Victorian, and Queensland laws all interacting simultaneously","Extensive cross-referencing: Almost every provision points to sections in the national law, other Queensland Acts (at least 15 different statutes referenced), and Commonwealth legislation","Transitional complexity: Detailed provisions converting old Child Care Act 2002 licences, approvals, and ongoing reviews into the new national system categories","Multiple regulatory actors: Different bodies have different roles — the chief executive as regulatory authority, chief executive (employment screening), QCAT, Magistrates Court, central governing bodies — with carefully delineated powers","Privacy and data governance rules: The URL (kindergarten) data provisions create a detailed regime specifying who can collect, use, disclose and aggregate sensitive personal information about children and staff","Interaction with Working with Children Check regime: Information-sharing obligations between the childcare regulator and employment screening authority involve multi-step conditional triggers","Exclusion of standard Queensland legislation: The carve-outs from normal Queensland Acts (Privacy, FOI, Ombudsman, etc.) require understanding what fills those gaps in the national law"],"plain_english_summary":"This Act adopts the national childcare and early education law for Queensland, making the national rulebook the local regulatory framework. It affects childcare providers, family day care, kindergarten programs, workers (who must meet certification and Working with Children checks), parents, and the Queensland regulatory authority enforcing the rules. It converts old licences into national approvals, requires sharing of certain kindergarten and disciplinary data with government and screening bodies (with privacy protections), and places the national scheme’s information rules above some Queensland laws."}},"importantCases":[],"_links":{"self":"/api/acts/education-and-care-services-national-law-queensland-act-2011","history":"/api/acts/education-and-care-services-national-law-queensland-act-2011/history","analysis":"/api/acts/education-and-care-services-national-law-queensland-act-2011/analysis","conflicts":"/api/acts/education-and-care-services-national-law-queensland-act-2011/conflicts","importantCases":"/api/acts/education-and-care-services-national-law-queensland-act-2011/important-cases","documents":"/api/acts/education-and-care-services-national-law-queensland-act-2011/documents"}}