The National Law boundary can shift: whether a service falls under this Act or the National Law depends on the definition of "education and care service" in the National Law. If the service changes its character (for example, by becoming approved under the National Law), the regulatory framework switches. This is not automatic and requires active monitoring.
Approval in principle must precede the building permit: section 100B(2) requires the approval in principle application to be made before the building permit is issued for any Part 3A building. There is no ability to retrospectively obtain an approval in principle after the building permit has been issued. Operators who build or renovate first and ask later will find this pathway closed.
Service approval is per-premises: section 3(1) defines "children's service premises" as each place at which the service operates. A single approved provider operating at multiple locations needs a separate service approval for each premises.
Immediate suspension without show-cause: sections 28 and 73 allow the Regulatory Authority to suspend a provider or service approval immediately, without the normal show-cause process, where it is satisfied there is a risk to the safety, health, or wellbeing of children. This can be done on an ex parte basis.
Nominated supervisor suspension/revocation triggers notification: under section 113(2)(a), if the approved provider is notified of a suspension or revocation of a WWC clearance or suspension or cancellation of teacher registration of a nominated supervisor, the provider must notify the Regulatory Authority. Delay or non-notification is an offence.
Responsible person must be physically present at all times: section 103 requires a responsible person to be present whenever children are being educated and cared for, without exception. There is no "reasonably practicable" qualification. A five-minute absence by all responsible persons is a breach.
Staffing ratios cannot be waived ad hoc: sections 109(5) and the waiver provisions make clear that departing from prescribed ratios requires a formal service waiver or temporary waiver from the Regulatory Authority. Improvised departures due to staff illness are not authorised by necessity alone.
Enforceable undertakings bar some regulatory actions permanently: if an undertaking is given and complied with, section 121 permanently bars the Regulatory Authority from cancelling or amending the approval, giving a compliance notice, or issuing a prohibition notice for the matter covered by the undertaking. This creates a strong incentive for providers to seek and comply with undertakings, but also means the Regulatory Authority must carefully assess whether to accept them.
Corporate officer liability: section 175 extends liability to officers who engaged in, authorised, or permitted the offence, or whose negligence contributed to it. This is personal liability, not just corporate liability.