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Queensland act
What this law does (mechanics first)
Creates a two-tier approval system:
Sets mandatory operational rules for approved services (Part 4): staffing and supervision requirements, qualifications (or limited transitional allowances), minimum presence of supervisors, child‑to‑staff expectations to be set by regulation, program delivery requirements based on approved learning frameworks, health, safety and supervision duties, record‑keeping and confidentiality obligations (secs 109, 110–121, 128–131, 130). Providers must hold prescribed insurance (sec 49(2)(c)).
Gives the chief executive and authorised officers broad regulatory powers to assess, enforce and act quickly to protect children: request information and documents, inspect premises, enter with consent or warrant, seize evidence, issue compliance notices, emergency action notices, prohibition notices (barring persons from providing care), suspend or cancel approvals, amend approvals (including urgently), and publish enforcement outcomes (secs 137–199, 193–200, 204–206).
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Direct links to the current provisions in Education and Care Services Act 2013.
This Act may be cited as the Education and Care Services Act 2013 .
This Act commences on a day to be fixed by proclamation.
This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. Nothing in this Act makes the State liable to be prosecuted for an offence. (sec.3-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (sec.3-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.
The object of this Act is to ensure the safety, health and wellbeing of children attending a Queensland education and care service. The ways in which the object is to be achieved include— establishing a provider approval and service approval system for Queensland education and care services; and regulating the way stand-alone services are conducted; and setting standards for persons who provide education and care for children. (sec.4-ssec.1) The object of this Act is to ensure the safety, health and wellbeing of children attending a Queensland education and care service. (sec.4-ssec.2) The ways in which the object is to be achieved include— establishing a provider approval and service approval system for Queensland education and care services; and regulating the way stand-alone services are conducted; and setting standards for persons who provide education and care for children.
Queensland approved education and care services are to be conducted under the following principles— the best interests of a child are the paramount concern; education and care should be provided to a child in a way that— protects the child from harm; and respects the child’s dignity and privacy; and promotes the child’s health and wellbeing; and provides positive experiences for the child; education and care should be provided to a child in a way that stimulates and develops the child’s creative, emotional, intellectual, lingual, physical, recreational, and social potential; parents have the primary responsibility for the upbringing, protection and development of children, and should be supported in that role; education and care should be planned and provided in a way that— involves parents and other members of the community; and reflects the multicultural and multilingual nature of the community. Stand-alone services are to be operated in a way that protects a child from harm and promotes the child’s health and wellbeing. (sec.5-ssec.1) Queensland approved education and care services are to be conducted under the following principles— the best interests of a child are the paramount concern; education and care should be provided to a child in a way that— protects the child from harm; and respects the child’s dignity and privacy; and promotes the child’s health and wellbeing; and provides positive experiences for the child; education and care should be provided to a child in a way that stimulates and develops the child’s creative, emotional, intellectual, lingual, physical, recreational, and social potential; parents have the primary responsibility for the upbringing, protection and development of children, and should be supported in that role; education and care should be planned and provided in a way that— involves parents and other members of the community; and reflects the multicultural and multilingual nature of the community. (sec.5-ssec.2) Stand-alone services are to be operated in a way that protects a child from harm and promotes the child’s health and wellbeing.
The dictionary in schedule 1 defines particular words used in this Act. s 6 amd 2013 No. 44 s 269 sch 1 pt 1
Regulated education and care is education and care provided to a child— by someone other than a relative or guardian of the child; and at a place other than the child’s home; and for reward; and in the course of a service for regularly providing education and care of children.
A Queensland education and care service or QEC service is a service for providing regulated education and care of children under 13 years of age but does not include any of the following services— an approved education and care service under the Education and Care Services National Law (Queensland) ; a service, for providing primary, secondary or special education, conducted by a school; a service principally conducted to provide— regulated education and care to patients in a hospital or patients in a medical or therapeutic care service; or residential facilities; or instruction in a particular activity, including, for example, dance, music or a sport; or tutoring, coaching or religious instruction; or a recreational activity, including, for example, a camp or party; hospital, boarding facility for school students, dance academy, sporting club, Sunday school, scout group a service for which, usually, the children to whom care is provided are entirely or mostly different on each occasion the care is provided; a service, conducted by a hotel or resort, to provide child care to children who are short-term guests a service in which the only education and care provided is— holiday care; or adjunct care; a service that is, under the Child Protection Act 1999 , a licensed care service, departmental care service or service provided as an approved carer; a mobile service; a service prescribed under a regulation. To remove any doubt, it is declared that a service may be a Queensland education and care service even though it is— an associated children’s service under the Education and Care Services National Law (Queensland) ; or conducted by an entity that also carries on a school; or conducted at premises at which a school is also carried on. (sec.8-ssec.1) A Queensland education and care service or QEC service is a service for providing regulated education and care of children under 13 years of age but does not include any of the following services— an approved education and care service under the Education and Care Services National Law (Queensland) ; a service, for providing primary, secondary or special education, conducted by a school; a service principally conducted to provide— regulated education and care to patients in a hospital or patients in a medical or therapeutic care service; or residential facilities; or instruction in a particular activity, including, for example, dance, music or a sport; or tutoring, coaching or religious instruction; or a recreational activity, including, for example, a camp or party; hospital, boarding facility for school students, dance academy, sporting club, Sunday school, scout group a service for which, usually, the children to whom care is provided are entirely or mostly different on each occasion the care is provided; a service, conducted by a hotel or resort, to provide child care to children who are short-term guests a service in which the only education and care provided is— holiday care; or adjunct care; a service that is, under the Child Protection Act 1999 , a licensed care service, departmental care service or service provided as an approved carer; a mobile service; a service prescribed under a regulation. (sec.8-ssec.2) To remove any doubt, it is declared that a service may be a Queensland education and care service even though it is— an associated children’s service under the Education and Care Services National Law (Queensland) ; or conducted by an entity that also carries on a school; or conducted at premises at which a school is also carried on.
A stand-alone service is a QEC service that— is not a QEC approved service; and is not a service in which education and care is regularly provided to more than 6 children under the age of 13 at the same time.
A mobile service is a service that— provides education and care to children who are not school children; and transports equipment and material or staff from one or more locations on each occasion that the service is provided. However, a service is not a mobile service if it is one of a number of services, with a common Queensland approved provider, that may use common equipment at separate premises on separate occasions, where there is a separate Queensland service approval in place for each premises. (sec.10-ssec.1) A mobile service is a service that— provides education and care to children who are not school children; and transports equipment and material or staff from one or more locations on each occasion that the service is provided. (sec.10-ssec.2) However, a service is not a mobile service if it is one of a number of services, with a common Queensland approved provider, that may use common equipment at separate premises on separate occasions, where there is a separate Queensland service approval in place for each premises.
A Queensland provider approval authorises the Queensland approved provider to operate a QEC service for which the approved provider holds a Queensland service approval.
A person may apply to the chief executive for a Queensland provider approval. The application must be in the approved form and accompanied by any fee prescribed under a regulation. The application may be made by more than one person. If an application is made by more than one person— the information required must be provided for each person; and one address only must be provided for the persons; and the requirements of this division must be complied with by each person. The applicant also must provide any other relevant information reasonably required by the chief executive under section 16 . (sec.12-ssec.1) A person may apply to the chief executive for a Queensland provider approval. (sec.12-ssec.2) The application must be in the approved form and accompanied by any fee prescribed under a regulation. (sec.12-ssec.3) The application may be made by more than one person. (sec.12-ssec.4) If an application is made by more than one person— the information required must be provided for each person; and one address only must be provided for the persons; and the requirements of this division must be complied with by each person. (sec.12-ssec.5) The applicant also must provide any other relevant information reasonably required by the chief executive under section 16 .
The chief executive must decide the application by granting, or refusing to grant, the approval. See section 211 (Reviewable decisions). The chief executive may grant the approval on conditions the chief executive considers appropriate. If the chief executive does not decide the application within the required period after receiving the application and fee, the application is taken to have been refused. In this section— required period , for deciding an application, means— the period of 60 days— starting the day after the application and fee are given to the chief executive; but if the chief executive asks for information under section 16 —not including the period starting the day after the chief executive asks for the information until the day the applicant gives the information to the chief executive; or any period, ending up to 30 days after the end of the period under paragraph (a) , agreed to between the chief executive and the applicant. (sec.13-ssec.1) The chief executive must decide the application by granting, or refusing to grant, the approval. See section 211 (Reviewable decisions). (sec.13-ssec.2) The chief executive may grant the approval on conditions the chief executive considers appropriate. (sec.13-ssec.3) If the chief executive does not decide the application within the required period after receiving the application and fee, the application is taken to have been refused. (sec.13-ssec.4) In this section— required period , for deciding an application, means— the period of 60 days— starting the day after the application and fee are given to the chief executive; but if the chief executive asks for information under section 16 —not including the period starting the day after the chief executive asks for the information until the day the applicant gives the information to the chief executive; or any period, ending up to 30 days after the end of the period under paragraph (a) , agreed to between the chief executive and the applicant.
The chief executive must not grant the provider approval unless the chief executive is satisfied— the applicant is a suitable person to operate a QEC service; and for an applicant that is a corporation—each person who will be a person with management or control of a QEC service operated by the applicant is a suitable person to be involved in the operation of a QEC service.
An individual is not a suitable person to operate, or to be involved in the operation of, a QEC service unless the individual— holds a working with children authority; or has made a working with children check (exemption) application and the application has not been decided or withdrawn. See also the Working with Children Check Act 2000 , schedule 1 , section 18 . Subsection (1) applies subject to section 238 . An individual is not a suitable person to operate a QEC service if a prohibition notice is in force for the individual. Other matters that the chief executive must consider in deciding a person’s suitability to operate a QEC service include the following— any contravention by the person of a provision of this Act, the repealed Act or the Education and Care Services National Law (Queensland) , whether or not the contravention constituted an offence; any previous refusal of an application by the person for a child-related authority or for renewal of a child-related authority, or a suspension or cancellation of a child-related authority held by the person; the person’s involvement in the operation of an entity so far as the operation relates to a matter mentioned in paragraph (a) or (b) . the person’s involvement, as a director of a company, in the committing of an offence against this Act by the company In this section— child-related authority means— an approval under this Act; or a licence under the repealed Child Care Act 2002 or the repealed Child Care Act 1991 ; or a provider approval, service approval or supervisor certificate under the Education and Care Services National Law (Queensland) ; or a licence, authority or permit, under a law of Queensland or another jurisdiction, to carry out an activity involving children. operate , in relation to a service, includes be involved in the operation of the service. s 15 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 (sec.15-ssec.1) An individual is not a suitable person to operate, or to be involved in the operation of, a QEC service unless the individual— holds a working with children authority; or has made a working with children check (exemption) application and the application has not been decided or withdrawn. See also the Working with Children Check Act 2000 , schedule 1 , section 18 . (sec.15-ssec.2) Subsection (1) applies subject to section 238 . (sec.15-ssec.3) An individual is not a suitable person to operate a QEC service if a prohibition notice is in force for the individual. (sec.15-ssec.4) Other matters that the chief executive must consider in deciding a person’s suitability to operate a QEC service include the following— any contravention by the person of a provision of this Act, the repealed Act or the Education and Care Services National Law (Queensland) , whether or not the contravention constituted an offence; any previous refusal of an application by the person for a child-related authority or for renewal of a child-related authority, or a suspension or cancellation of a child-related authority held by the person; the person’s involvement in the operation of an entity so far as the operation relates to a matter mentioned in paragraph (a) or (b) . the person’s involvement, as a director of a company, in the committing of an offence against this Act by the company (sec.15-ssec.5) In this section— child-related authority means— an approval under this Act; or a licence under the repealed Child Care Act 2002 or the repealed Child Care Act 1991 ; or a provider approval, service approval or supervisor certificate under the Education and Care Services National Law (Queensland) ; or a licence, authority or permit, under a law of Queensland or another jurisdiction, to carry out an activity involving children. operate , in relation to a service, includes be involved in the operation of the service.
For deciding whether an applicant is a suitable person to operate a QEC service the chief executive may— ask the person to provide other relevant information the chief executive reasonably requires to decide the application; or undertake enquiries in relation to the person.
A provider approval has effect until it is cancelled or surrendered under this Act.
If the chief executive grants a provider approval, the chief executive must give a copy of the approval to the approved provider. The provider approval must state— the approved provider’s name; and for an approval held by an individual—the individual’s address; and for an approval held by more than one person—the address for service stated in the application for a provider approval; and for an approval held by a corporation—the address of the approved provider’s registered office; and any conditions applying to the approval; and the day on which the approval was granted; and the provider approval number; and any other matters prescribed under a regulation. (sec.18-ssec.1) If the chief executive grants a provider approval, the chief executive must give a copy of the approval to the approved provider. (sec.18-ssec.2) The provider approval must state— the approved provider’s name; and for an approval held by an individual—the individual’s address; and for an approval held by more than one person—the address for service stated in the application for a provider approval; and for an approval held by a corporation—the address of the approved provider’s registered office; and any conditions applying to the approval; and the day on which the approval was granted; and the provider approval number; and any other matters prescribed under a regulation.
An approved provider must comply with the conditions applying to a provider approval. Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 232 . s 19 amd 2013 No. 51 s 229 sch 1
The chief executive may at any time reassess— whether an approved provider continues to be a suitable person to operate a QEC service; or whether a person with management or control of a QEC service operated by an approved provider continues to be a suitable person to be involved in the operation of a QEC service; or whether a person who becomes a person with management or control of a QEC service operated by an approved provider after the grant of the provider approval is a suitable person to be involved in the provision of a QEC service. Sections 15 and 16 apply to the reassessment. (sec.20-ssec.1) The chief executive may at any time reassess— whether an approved provider continues to be a suitable person to operate a QEC service; or whether a person with management or control of a QEC service operated by an approved provider continues to be a suitable person to be involved in the operation of a QEC service; or whether a person who becomes a person with management or control of a QEC service operated by an approved provider after the grant of the provider approval is a suitable person to be involved in the provision of a QEC service. (sec.20-ssec.2) Sections 15 and 16 apply to the reassessment.
An approved provider may apply to the chief executive for an amendment of the provider’s provider approval, including an amendment to remove a person from, or add a person to, the approval. The application must be in the approved form and accompanied by any fee prescribed under a regulation. The applicant also must provide any other relevant information reasonably required by the chief executive to decide the application. The chief executive must decide the application by— amending the approval in the way applied for; or with the applicant’s written agreement, amending the approval in another way; or refusing to amend the approval. See section 211 (Reviewable decisions). However, if an application under this section is to add a person to a provider approval, the chief executive may grant the approval only if the chief executive is satisfied the person is a suitable person to operate a QEC service having regard to the matters stated in section 15 . Also, without limiting subsection (4) , an amendment may vary a condition of the approval or impose a new condition on the approval. If the chief executive does not decide the application within the required period after receiving the application and fee, the application is taken to have been refused. In this section— required period , for deciding an application, means the period of 30 days— starting the day after the application and fee are given to the chief executive; but if the chief executive asks for information under subsection (3) —not including the period starting the day after the chief executive asks for the information until the day the applicant gives the information to the chief executive. (sec.21-ssec.1) An approved provider may apply to the chief executive for an amendment of the provider’s provider approval, including an amendment to remove a person from, or add a person to, the approval. (sec.21-ssec.2) The application must be in the approved form and accompanied by any fee prescribed under a regulation. (sec.21-ssec.3) The applicant also must provide any other relevant information reasonably required by the chief executive to decide the application. (sec.21-ssec.4) The chief executive must decide the application by— amending the approval in the way applied for; or with the applicant’s written agreement, amending the approval in another way; or refusing to amend the approval. See section 211 (Reviewable decisions). (sec.21-ssec.5) However, if an application under this section is to add a person to a provider approval, the chief executive may grant the approval only if the chief executive is satisfied the person is a suitable person to operate a QEC service having regard to the matters stated in section 15 . (sec.21-ssec.6) Also, without limiting subsection (4) , an amendment may vary a condition of the approval or impose a new condition on the approval. (sec.21-ssec.7) If the chief executive does not decide the application within the required period after receiving the application and fee, the application is taken to have been refused. (sec.21-ssec.8) In this section— required period , for deciding an application, means the period of 30 days— starting the day after the application and fee are given to the chief executive; but if the chief executive asks for information under subsection (3) —not including the period starting the day after the chief executive asks for the information until the day the applicant gives the information to the chief executive.
The chief executive may amend a provider approval at any time without receiving an application from the approved provider for the amendment. The chief executive may change a condition of the approval or impose a new condition. However, the chief executive must first give the approved provider a notice (a show cause notice ) stating— that the chief executive proposes to amend the provider approval; and the proposed amendment; and the reasons for the proposed amendment; and that the approved provider may, within a stated time of at least 30 days, give the chief executive a written response to the proposed amendment. After considering any response from the approved provider within the time stated in the show cause notice, the chief executive may make some or all of the proposed amendment. See section 211 (Reviewable decisions). If the chief executive decides not to amend the provider approval, the chief executive must give the approved provider notice of the decision. At the approved provider’s written request, or with the approved provider’s written agreement, the chief executive may— amend a provider approval without giving a show cause notice; or amend a provider approval in a way that has not been stated in a show cause notice; or amend a provider approval before the expiration of the time stated in a show cause notice for the approved provider’s response to the proposed amendment. An amendment under this section has effect 14 days after the chief executive gives notice of the amendment to the approved provider or at any later time stated in the notice. (sec.22-ssec.1) The chief executive may amend a provider approval at any time without receiving an application from the approved provider for the amendment. The chief executive may change a condition of the approval or impose a new condition. (sec.22-ssec.2) However, the chief executive must first give the approved provider a notice (a show cause notice ) stating— that the chief executive proposes to amend the provider approval; and the proposed amendment; and the reasons for the proposed amendment; and that the approved provider may, within a stated time of at least 30 days, give the chief executive a written response to the proposed amendment. (sec.22-ssec.3) After considering any response from the approved provider within the time stated in the show cause notice, the chief executive may make some or all of the proposed amendment. See section 211 (Reviewable decisions). (sec.22-ssec.4) If the chief executive decides not to amend the provider approval, the chief executive must give the approved provider notice of the decision. (sec.22-ssec.5) At the approved provider’s written request, or with the approved provider’s written agreement, the chief executive may— amend a provider approval without giving a show cause notice; or amend a provider approval in a way that has not been stated in a show cause notice; or amend a provider approval before the expiration of the time stated in a show cause notice for the approved provider’s response to the proposed amendment. (sec.22-ssec.6) An amendment under this section has effect 14 days after the chief executive gives notice of the amendment to the approved provider or at any later time stated in the notice.
This section applies if the chief executive is reasonably satisfied, in the interests of the safety, health and wellbeing of children being provided with education and care under a provider approval, it is necessary to immediately amend the approval. The chief executive may immediately amend the provider approval without complying with section 22 . As soon as practicable after amending the approval, the chief executive must give notice of the amendment to the approved provider. The notice must state the reasons for the amendment. The amendment has effect for the period, of not more than 60 days, stated in the notice. (sec.23-ssec.1) This section applies if the chief executive is reasonably satisfied, in the interests of the safety, health and wellbeing of children being provided with education and care under a provider approval, it is necessary to immediately amend the approval. (sec.23-ssec.2) The chief executive may immediately amend the provider approval without complying with section 22 . (sec.23-ssec.3) As soon as practicable after amending the approval, the chief executive must give notice of the amendment to the approved provider. (sec.23-ssec.4) The notice must state the reasons for the amendment. (sec.23-ssec.5) The amendment has effect for the period, of not more than 60 days, stated in the notice.
As soon as practicable after amending a provider approval under this division, the chief executive must— give an amended copy of the approval to the approved provider; and if any consequential amendment is required to a service approval—amend the service approval and give an amended copy to the approved provider.
The chief executive may suspend a provider approval if— the approved provider has been charged with an indictable offence; or the approved provider has failed to comply with a condition of the provider approval; or action is being taken under a compliance notice, prohibition notice or an emergency action notice for a QEC approved service operated by the approved provider; or the approved provider has not operated a QEC approved service for a period of more than 12 months including any period of suspension; or the approved provider purported to transfer or receive a transfer of a QEC approved service without the chief executive's consent; or the approved provider has not paid any outstanding fee prescribed under a regulation; or the approved provider is contravening, or has contravened, the Working with Children Check Act 2000 in relation to the engagement of a staff member of the QEC approved service; or the chief executive is satisfied the approved provider’s premises for providing education and care are unsafe or unsuitable; or the approved provider has failed to comply with a notice given under section 194 ; or the chief executive is satisfied the approved provider, or a person with management or control of a QEC approved service operated by the approved provider, may not be a suitable person to be involved in the provision of a QEC approved service. s 25 amd 2014 No. 28 s 105 sch 1 ; 2024 No. 49 s 130 sch 4 pt 2
This section applies if the chief executive is proposing to suspend a provider approval. The chief executive must first give the approved provider a notice (a show cause notice ) stating the following— that the chief executive proposes to suspend the provider approval; the proposed period of suspension; the reasons for the proposed suspension; that the approved provider may, within 30 days after the notice is given, give the chief executive a written response to the proposed suspension. (sec.26-ssec.1) This section applies if the chief executive is proposing to suspend a provider approval. (sec.26-ssec.2) The chief executive must first give the approved provider a notice (a show cause notice ) stating the following— that the chief executive proposes to suspend the provider approval; the proposed period of suspension; the reasons for the proposed suspension; that the approved provider may, within 30 days after the notice is given, give the chief executive a written response to the proposed suspension.
After considering any written response from the approved provider received within the period mentioned in section 26 (2) (d) , the chief executive may— suspend the provider approval for a period of not more than 12 months; or decide not to suspend the provider approval.
This section applies if the chief executive is satisfied there is an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by a QEC approved service operated by an approved provider. The chief executive may suspend the approved provider’s provider approval on a ground mentioned in section 25 without giving the approved provider a show cause notice under section 26 . The suspension may not be for a period of more than 6 months. (sec.28-ssec.1) This section applies if the chief executive is satisfied there is an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by a QEC approved service operated by an approved provider. (sec.28-ssec.2) The chief executive may suspend the approved provider’s provider approval on a ground mentioned in section 25 without giving the approved provider a show cause notice under section 26 . (sec.28-ssec.3) The suspension may not be for a period of more than 6 months.
The chief executive must give the approved provider notice of the decision to suspend the provider approval. The notice of a decision to suspend must set out the period of suspension and the date on which it takes effect. The decision under section 27 to suspend takes effect at the end of 14 days after the date of the decision, or, if a longer period is stated by the chief executive, at the end of that period. The decision under section 28 to suspend takes effect on the giving of the notice. See section 211 (Reviewable decisions). (sec.29-ssec.1) The chief executive must give the approved provider notice of the decision to suspend the provider approval. (sec.29-ssec.2) The notice of a decision to suspend must set out the period of suspension and the date on which it takes effect. (sec.29-ssec.3) The decision under section 27 to suspend takes effect at the end of 14 days after the date of the decision, or, if a longer period is stated by the chief executive, at the end of that period. (sec.29-ssec.4) The decision under section 28 to suspend takes effect on the giving of the notice. See section 211 (Reviewable decisions).
Subject to this section, if a provider approval is suspended under section 27 or 28 , all service approvals held by the provider are also suspended for the same period. A person whose provider approval is suspended is taken not to be an approved provider for the period of the suspension. The approved provider may apply in the approved form under part 3 , division 5 for the transfer of a service approval that is suspended under section 27 or 28 . The suspension of the service approval ceases on the transfer taking effect, unless the conditions imposed by the chief executive on the consent to the transfer state a later date. (sec.30-ssec.1) Subject to this section, if a provider approval is suspended under section 27 or 28 , all service approvals held by the provider are also suspended for the same period. (sec.30-ssec.2) A person whose provider approval is suspended is taken not to be an approved provider for the period of the suspension. (sec.30-ssec.3) The approved provider may apply in the approved form under part 3 , division 5 for the transfer of a service approval that is suspended under section 27 or 28 . (sec.30-ssec.4) The suspension of the service approval ceases on the transfer taking effect, unless the conditions imposed by the chief executive on the consent to the transfer state a later date.
The chief executive may cancel a provider approval if— the chief executive is satisfied the approved provider, or a person with management or control of a QEC approved service operated by the approved provider, is not a suitable person to be involved in the provision of a QEC approved service; or the chief executive is satisfied the continued provision of education and care by the approved provider would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by a QEC approved service operated by the provider; or the approved provider has been found guilty of an indictable offence; or the approved provider has been found guilty of an offence under this Act; or the chief executive is satisfied the approved provider’s premises for providing education and care are unsafe or unsuitable; or the approved provider has failed to comply with a notice given under section 194 ; or the approved provider has breached a condition of the provider approval; or the approved provider has not operated any QEC approved service for more than 12 months (including any period of suspension).
This section applies if the chief executive is proposing to cancel a provider approval under section 31 . The chief executive must first give the approved provider a notice (a show cause notice ) stating— that the chief executive proposes to cancel the provider approval; and the reasons for the proposed cancellation; and that the approved provider may, within 30 days after the notice is given, give the chief executive a written response to the proposed cancellation. (sec.32-ssec.1) This section applies if the chief executive is proposing to cancel a provider approval under section 31 . (sec.32-ssec.2) The chief executive must first give the approved provider a notice (a show cause notice ) stating— that the chief executive proposes to cancel the provider approval; and the reasons for the proposed cancellation; and that the approved provider may, within 30 days after the notice is given, give the chief executive a written response to the proposed cancellation.
After considering any written response from the approved provider received within the time allowed under section 32 (2) (c) , the chief executive— may— cancel the provider approval; or suspend the provider approval for a period not more than the prescribed period; or decide not to cancel the provider approval; and must give the approved provider notice of the decision. The decision to cancel the provider approval takes effect at the end of 14 days after the date of the decision or, if a longer period is stated by the chief executive, at the end of that period. The notice of a decision to cancel or suspend the provider approval must state the date on which it takes effect. This Act applies to a suspension of a provider approval under this section as if it were a suspension under section 27 . (sec.33-ssec.1) After considering any written response from the approved provider received within the time allowed under section 32 (2) (c) , the chief executive— may— cancel the provider approval; or suspend the provider approval for a period not more than the prescribed period; or decide not to cancel the provider approval; and must give the approved provider notice of the decision. (sec.33-ssec.2) The decision to cancel the provider approval takes effect at the end of 14 days after the date of the decision or, if a longer period is stated by the chief executive, at the end of that period. (sec.33-ssec.3) The notice of a decision to cancel or suspend the provider approval must state the date on which it takes effect. (sec.33-ssec.4) This Act applies to a suspension of a provider approval under this section as if it were a suspension under section 27 .
Subject to this section, if a provider approval is cancelled under section 33 , all service approvals held by the person who was the approved provider are also cancelled. A provider whose provider approval is to be cancelled under section 33 may apply to the chief executive under part 3 , division 5 for consent to transfer a service approval held by the provider. The application for consent to transfer must be made within 14 days after the date of the decision to cancel the provider approval is made. If an application for consent to transfer is made, the service approval is suspended until the chief executive decides the application. The suspension of the service approval ceases on the transfer taking effect, unless the conditions of the transfer state a later date. If the chief executive refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse consent. (sec.34-ssec.1) Subject to this section, if a provider approval is cancelled under section 33 , all service approvals held by the person who was the approved provider are also cancelled. (sec.34-ssec.2) A provider whose provider approval is to be cancelled under section 33 may apply to the chief executive under part 3 , division 5 for consent to transfer a service approval held by the provider. (sec.34-ssec.3) The application for consent to transfer must be made within 14 days after the date of the decision to cancel the provider approval is made. (sec.34-ssec.4) If an application for consent to transfer is made, the service approval is suspended until the chief executive decides the application. (sec.34-ssec.5) The suspension of the service approval ceases on the transfer taking effect, unless the conditions of the transfer state a later date. (sec.34-ssec.6) If the chief executive refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse consent.
This section applies if a show cause notice has been given to an approved provider under section 26 or 32 . The approved provider, at the request of the chief executive, must, within 7 days of the request, provide the chief executive with the contact details of the parents of all children enrolled at each QEC approved service operated by the approved provider. The chief executive may use the information provided under subsection (2) only to notify the parents of children enrolled at a QEC approved service about the suspension or cancellation. (sec.35-ssec.1) This section applies if a show cause notice has been given to an approved provider under section 26 or 32 . (sec.35-ssec.2) The approved provider, at the request of the chief executive, must, within 7 days of the request, provide the chief executive with the contact details of the parents of all children enrolled at each QEC approved service operated by the approved provider. (sec.35-ssec.3) The chief executive may use the information provided under subsection (2) only to notify the parents of children enrolled at a QEC approved service about the suspension or cancellation.
This section applies if the chief executive gives a notice to an approved provider suspending or cancelling the provider approval under section 27 , 28 or 33 . The approved provider must comply with this section, unless the provider has a reasonable excuse. Maximum penalty—5 penalty units. As soon as practicable after receiving the notice, the approved provider must give notice of the suspension or cancellation to a parent of each child to whom education and care is regularly provided in the course of the QEC service. A notice given under subsection (3) must include the reasons given in the chief executive’s notice for cancelling or suspending the provider approval. Subsection (3) does not apply in relation to a parent, guardian or carer who the provider can not locate after making reasonable enquiries. If an approved provider’s provider approval is suspended, the provider must display a notice at the QEC service, for the period of the suspension, stating that the approval has been suspended. If an approved provider’s provider approval is cancelled, the provider must display a notice at the QEC service, until at least the day on which the cancellation takes effect, stating that the approval has been cancelled. A regulation may make provision about a notice given or displayed under this section, including, for example— what the notice must state; and the size or other requirements of the writing on the notice. (sec.36-ssec.1) This section applies if the chief executive gives a notice to an approved provider suspending or cancelling the provider approval under section 27 , 28 or 33 . (sec.36-ssec.2) The approved provider must comply with this section, unless the provider has a reasonable excuse. Maximum penalty—5 penalty units. (sec.36-ssec.3) As soon as practicable after receiving the notice, the approved provider must give notice of the suspension or cancellation to a parent of each child to whom education and care is regularly provided in the course of the QEC service. (sec.36-ssec.4) A notice given under subsection (3) must include the reasons given in the chief executive’s notice for cancelling or suspending the provider approval. (sec.36-ssec.5) Subsection (3) does not apply in relation to a parent, guardian or carer who the provider can not locate after making reasonable enquiries. (sec.36-ssec.6) If an approved provider’s provider approval is suspended, the provider must display a notice at the QEC service, for the period of the suspension, stating that the approval has been suspended. (sec.36-ssec.7) If an approved provider’s provider approval is cancelled, the provider must display a notice at the QEC service, until at least the day on which the cancellation takes effect, stating that the approval has been cancelled. (sec.36-ssec.8) A regulation may make provision about a notice given or displayed under this section, including, for example— what the notice must state; and the size or other requirements of the writing on the notice.
An approved provider may apply to the chief executive for a suspension of the provider approval for a period of not more than 12 months. The application must be in the approved form and be accompanied by the prescribed fee. The approved provider must, at least 14 days before making an application under this section, notify the parents of children enrolled at the QEC service operated by the approved provider of the intention to make the application. The chief executive must, within 30 days after the application is made, decide whether or not to grant the application. The chief executive may grant the application only if the suspension is reasonable in all the circumstances. The chief executive must give notice of its decision, including the period of suspension, to the approved provider. If the chief executive decides to grant the application, the suspension takes effect on a date agreed between the chief executive and the approved provider. A suspension under this section remains in force for the period of time stated in the notice. The approved provider may apply to the chief executive to revoke the suspension before the end of the suspension period. If the chief executive grants the application to revoke the suspension, the suspension ends on the date determined by agreement with the approved provider. (sec.37-ssec.1) An approved provider may apply to the chief executive for a suspension of the provider approval for a period of not more than 12 months. (sec.37-ssec.2) The application must be in the approved form and be accompanied by the prescribed fee. (sec.37-ssec.3) The approved provider must, at least 14 days before making an application under this section, notify the parents of children enrolled at the QEC service operated by the approved provider of the intention to make the application. (sec.37-ssec.4) The chief executive must, within 30 days after the application is made, decide whether or not to grant the application. (sec.37-ssec.5) The chief executive may grant the application only if the suspension is reasonable in all the circumstances. (sec.37-ssec.6) The chief executive must give notice of its decision, including the period of suspension, to the approved provider. (sec.37-ssec.7) If the chief executive decides to grant the application, the suspension takes effect on a date agreed between the chief executive and the approved provider. (sec.37-ssec.8) A suspension under this section remains in force for the period of time stated in the notice. (sec.37-ssec.9) The approved provider may apply to the chief executive to revoke the suspension before the end of the suspension period. (sec.37-ssec.10) If the chief executive grants the application to revoke the suspension, the suspension ends on the date determined by agreement with the approved provider.
An approved provider may surrender the provider approval by notice to the chief executive. The notice must state a date on which the surrender is intended to take effect which must be— after the notice is given; and after the end of the period of notice required under subsection (3) . The approved provider must, at least 14 days before the surrender is intended to take effect, notify the parents of children enrolled at the QEC approved services operated by the approved provider of the intention to surrender the provider approval. If a provider approval is surrendered— the approval is cancelled on the date stated in the notice; and any service approval held by the provider is also taken to be cancelled. A cancelled service approval can not be transferred—see part 3 , division 5 . (sec.38-ssec.1) An approved provider may surrender the provider approval by notice to the chief executive. (sec.38-ssec.2) The notice must state a date on which the surrender is intended to take effect which must be— after the notice is given; and after the end of the period of notice required under subsection (3) . (sec.38-ssec.3) The approved provider must, at least 14 days before the surrender is intended to take effect, notify the parents of children enrolled at the QEC approved services operated by the approved provider of the intention to surrender the provider approval. (sec.38-ssec.4) If a provider approval is surrendered— the approval is cancelled on the date stated in the notice; and any service approval held by the provider is also taken to be cancelled. A cancelled service approval can not be transferred—see part 3 , division 5 .
This section applies if a service approval is held by an approved provider who is an individual and the individual dies. However, this section does not apply if the individual who dies became an approved provider under this section because the individual was the personal representative of the estate of an approved provider. For 6 months from the date of death (the transitional approval period ), the personal representative of the individual’s estate is taken to be the approved provider holding— the provider approval (a deemed approval ); and any service approval held under the provider approval (also a deemed approval ). To remove any doubt, it is declared that the chief executive may take action under this Act relating to a deemed approval. The chief executive may impose a condition on the deemed provider approval under part 2 , division 4 or on the deemed service approval part 3 , division 4 . The chief executive may cancel the deemed provider approval under part 2 , division 5 or the deemed service approval under part 3 , division 6 . Subsection (3) applies subject to— any earlier transfer, suspension, cancellation or surrender of the service approval under this Act; and any earlier suspension, cancellation or surrender of the deemed approval under this Act; and any extension, or earlier ending, of the transitional approval period under this section. Also, subsection (3) does not apply if the personal representative is a disqualified person. The personal representative may apply in writing to the chief executive for an extension of the transitional approval period. On receiving the application, the chief executive may extend the transitional approval period by the further period, of not more than 6 months, that the chief executive considers appropriate in all the circumstances. The chief executive may extend the transitional approval period for the period necessary for an application to transfer the service approval to be made and decided. The transitional approval period ends unless, within 30 days after the individual’s death, the personal representative— holds a working with children authority; or has made a working with children check (exemption) application and the application has not been decided or withdrawn. The personal representative does not commit an offence against the Working with Children Check Act 2000 , section 176B by operating the QEC service under the service approval without a working with children clearance— during the first 30 days of the transitional approval period; and if the personal representative makes a working with children check application within the first 30 days of the transitional approval period and does not withdraw the application—until the application is decided. The personal representative does not commit an offence against the Working with Children Check Act 2000 , section 176G by operating the QEC service under the service approval without a working with children exemption during the first 30 days of the transitional approval period. A person who holds the service approval under this section in the person’s capacity as personal representative may transfer the approval to himself or herself, in his or her personal capacity, under part 3 , division 5 . s 39 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 (sec.39-ssec.1) This section applies if a service approval is held by an approved provider who is an individual and the individual dies. (sec.39-ssec.2) However, this section does not apply if the individual who dies became an approved provider under this section because the individual was the personal representative of the estate of an approved provider. (sec.39-ssec.3) For 6 months from the date of death (the transitional approval period ), the personal representative of the individual’s estate is taken to be the approved provider holding— the provider approval (a deemed approval ); and any service approval held under the provider approval (also a deemed approval ). (sec.39-ssec.4) To remove any doubt, it is declared that the chief executive may take action under this Act relating to a deemed approval. The chief executive may impose a condition on the deemed provider approval under part 2 , division 4 or on the deemed service approval part 3 , division 4 . The chief executive may cancel the deemed provider approval under part 2 , division 5 or the deemed service approval under part 3 , division 6 . (sec.39-ssec.5) Subsection (3) applies subject to— any earlier transfer, suspension, cancellation or surrender of the service approval under this Act; and any earlier suspension, cancellation or surrender of the deemed approval under this Act; and any extension, or earlier ending, of the transitional approval period under this section. (sec.39-ssec.6) Also, subsection (3) does not apply if the personal representative is a disqualified person. (sec.39-ssec.7) The personal representative may apply in writing to the chief executive for an extension of the transitional approval period. (sec.39-ssec.8) On receiving the application, the chief executive may extend the transitional approval period by the further period, of not more than 6 months, that the chief executive considers appropriate in all the circumstances. The chief executive may extend the transitional approval period for the period necessary for an application to transfer the service approval to be made and decided. (sec.39-ssec.9) The transitional approval period ends unless, within 30 days after the individual’s death, the personal representative— holds a working with children authority; or has made a working with children check (exemption) application and the application has not been decided or withdrawn. (sec.39-ssec.10) The personal representative does not commit an offence against the Working with Children Check Act 2000 , section 176B by operating the QEC service under the service approval without a working with children clearance— during the first 30 days of the transitional approval period; and if the personal representative makes a working with children check application within the first 30 days of the transitional approval period and does not withdraw the application—until the application is decided. (sec.39-ssec.11) The personal representative does not commit an offence against the Working with Children Check Act 2000 , section 176G by operating the QEC service under the service approval without a working with children exemption during the first 30 days of the transitional approval period. (sec.39-ssec.12) A person who holds the service approval under this section in the person’s capacity as personal representative may transfer the approval to himself or herself, in his or her personal capacity, under part 3 , division 5 .
If an individual who jointly holds a provider approval dies, the surviving person, or if there is more than one surviving person each of the surviving persons, continues as the holder of the provider approval and any service approval held under the provider approval. If 2 or more of the persons holding a provider approval are individuals and they die at the same time— if there are any surviving persons holding the provider approval—each of them continues as the holder of the provider approval and any service approval held under the provider approval; or if there are no surviving persons holding the provider approval— section 39 applies, with all necessary changes, to the personal representatives of the estates of the persons who have died. (sec.40-ssec.1) If an individual who jointly holds a provider approval dies, the surviving person, or if there is more than one surviving person each of the surviving persons, continues as the holder of the provider approval and any service approval held under the provider approval. (sec.40-ssec.2) If 2 or more of the persons holding a provider approval are individuals and they die at the same time— if there are any surviving persons holding the provider approval—each of them continues as the holder of the provider approval and any service approval held under the provider approval; or if there are no surviving persons holding the provider approval— section 39 applies, with all necessary changes, to the personal representatives of the estates of the persons who have died.
A Queensland service approval authorises an approved provider to operate the QEC service to which it relates. An approved provider must have a separate service approval for each QEC service operated by the provider. (sec.41-ssec.1) A Queensland service approval authorises an approved provider to operate the QEC service to which it relates. (sec.41-ssec.2) An approved provider must have a separate service approval for each QEC service operated by the provider.
An approved provider may hold more than one service approval. A reference in this Act to the approved provider for a QEC approved service is, for a provider approval held jointly, a reference to each of the persons who jointly hold the approval. (sec.42-ssec.1) An approved provider may hold more than one service approval. (sec.42-ssec.2) A reference in this Act to the approved provider for a QEC approved service is, for a provider approval held jointly, a reference to each of the persons who jointly hold the approval.
An approved provider may apply to the chief executive for a service approval for a QEC service. An approved provider may apply for a service approval for a QEC service only if the approved provider is, or proposes to be— the operator of the QEC service; and responsible for the management of the staff members of the QEC service. A person may apply to the chief executive for a service approval at the same time as the person applies for a provider approval. However, if a person applies for a provider approval and service approval at the same time, the chief executive must not grant the service approval unless the provider approval is also granted. An approved provider may hold more than one service approval. See also section 55 (Application for new service approval in exceptional circumstances). (sec.43-ssec.1) An approved provider may apply to the chief executive for a service approval for a QEC service. (sec.43-ssec.2) An approved provider may apply for a service approval for a QEC service only if the approved provider is, or proposes to be— the operator of the QEC service; and responsible for the management of the staff members of the QEC service. (sec.43-ssec.3) A person may apply to the chief executive for a service approval at the same time as the person applies for a provider approval. (sec.43-ssec.4) However, if a person applies for a provider approval and service approval at the same time, the chief executive must not grant the service approval unless the provider approval is also granted. (sec.43-ssec.5) An approved provider may hold more than one service approval. See also section 55 (Application for new service approval in exceptional circumstances).
The application for a service approval must be in the approved form and accompanied by any fee prescribed under a regulation. The application may be made by more than one person. If an application is made by more than one person— the information required must be provided for each person; and the requirements of this division must be complied with by each person. The applicant also must provide any other relevant information reasonably required by the chief executive under section 46 . s 44 amd 2025 No. 24 s 39R (sec.44-ssec.1) The application for a service approval must be in the approved form and accompanied by any fee prescribed under a regulation. (sec.44-ssec.2) The application may be made by more than one person. (sec.44-ssec.3) If an application is made by more than one person— the information required must be provided for each person; and the requirements of this division must be complied with by each person. (sec.44-ssec.4) The applicant also must provide any other relevant information reasonably required by the chief executive under section 46 .
The chief executive must decide the application by granting, or refusing to grant, the approval. See section 211 (Reviewable decisions). If the chief executive does not decide the application within the required period after receiving the application and fee, the application is taken to have been refused. In this section— required period , for deciding an application, means— the period of 90 days— starting the day after the application and fee are given to the chief executive; but if the chief executive asks for information under section 46 —not including the period starting the day after the chief executive asks for the information until the day the applicant gives the information to the chief executive; or any longer period agreed between the chief executive and the applicant. (sec.45-ssec.1) The chief executive must decide the application by granting, or refusing to grant, the approval. See section 211 (Reviewable decisions). (sec.45-ssec.2) If the chief executive does not decide the application within the required period after receiving the application and fee, the application is taken to have been refused. (sec.45-ssec.3) In this section— required period , for deciding an application, means— the period of 90 days— starting the day after the application and fee are given to the chief executive; but if the chief executive asks for information under section 46 —not including the period starting the day after the chief executive asks for the information until the day the applicant gives the information to the chief executive; or any longer period agreed between the chief executive and the applicant.
The chief executive may ask an applicant for a service approval to provide any further information that is reasonably required for the purpose of assessing the application.
The chief executive must consider the following matters in deciding whether to grant an application for a service approval— the suitability of the QEC service premises and their location for the operation of a QEC approved service; the adequacy of the policies and procedures of the QEC service for the operation of the service; any suspension (other than a voluntary suspension) of the applicant's provider approval; any current voluntary suspension of the applicant's provider approval; whether the QEC service is proposed to be operated principally within an Aboriginal or Torres Strait Islander community and, if so, the culturally specific needs of Aboriginal or Torres Strait Islander children; the matters mentioned in section 48 on which the chief executive must refuse an application; any other matters the chief executive considers appropriate. In deciding whether to grant the application for a service approval, the chief executive must also have regard to each of the following matters relating to the proposed provision of the regulated education and care under the approval— the number of children to whom the regulated education and care will be provided at one time; the ages of the children; the length of time for which each child will be provided with the regulated education and care. In deciding whether to grant the application, the chief executive may also consider the applicant’s history of compliance with this Act, the repealed Act or the Education and Care Services National Law (Queensland) . (sec.47-ssec.1) The chief executive must consider the following matters in deciding whether to grant an application for a service approval— the suitability of the QEC service premises and their location for the operation of a QEC approved service; the adequacy of the policies and procedures of the QEC service for the operation of the service; any suspension (other than a voluntary suspension) of the applicant's provider approval; any current voluntary suspension of the applicant's provider approval; whether the QEC service is proposed to be operated principally within an Aboriginal or Torres Strait Islander community and, if so, the culturally specific needs of Aboriginal or Torres Strait Islander children; the matters mentioned in section 48 on which the chief executive must refuse an application; any other matters the chief executive considers appropriate. (sec.47-ssec.2) In deciding whether to grant the application for a service approval, the chief executive must also have regard to each of the following matters relating to the proposed provision of the regulated education and care under the approval— the number of children to whom the regulated education and care will be provided at one time; the ages of the children; the length of time for which each child will be provided with the regulated education and care. (sec.47-ssec.3) In deciding whether to grant the application, the chief executive may also consider the applicant’s history of compliance with this Act, the repealed Act or the Education and Care Services National Law (Queensland) .
The chief executive must refuse to grant a service approval if— the chief executive is satisfied the QEC service, if permitted to operate, would constitute an unacceptable risk to the safety, health or wellbeing of children who would be educated or cared for by the service; or the applicant does not have a provider approval; or the chief executive is not satisfied the applicant is capable of operating the proposed service in a way that meets the requirements of this Act; or the applicant is not entitled to lawfully occupy or use the QEC service premises to operate the QEC service.
The chief executive may grant a service approval on conditions the chief executive considers appropriate. In addition, the following conditions apply to each service approval— the approved provider must operate the QEC approved service in a way that ensures the safety, health and wellbeing of children who attend the service and meets their educational and developmental needs; the condition mentioned in section 50 ; the approved provider must ensure there is in force, for the service, the insurance cover prescribed under a regulation; subject to subsection (3) , the approved provider must start operating the QEC approved service within 6 months after the approval is granted (the start-up period ). On application by the approved provider, the chief executive may extend the start-up period by the further period, of not more than 6 months, that the chief executive considers appropriate in all the circumstances. (sec.49-ssec.1) The chief executive may grant a service approval on conditions the chief executive considers appropriate. (sec.49-ssec.2) In addition, the following conditions apply to each service approval— the approved provider must operate the QEC approved service in a way that ensures the safety, health and wellbeing of children who attend the service and meets their educational and developmental needs; the condition mentioned in section 50 ; the approved provider must ensure there is in force, for the service, the insurance cover prescribed under a regulation; subject to subsection (3) , the approved provider must start operating the QEC approved service within 6 months after the approval is granted (the start-up period ). (sec.49-ssec.3) On application by the approved provider, the chief executive may extend the start-up period by the further period, of not more than 6 months, that the chief executive considers appropriate in all the circumstances.
The conditions of a service approval must include a condition stating the maximum number of children to whom regulated education and care may be provided at one time under the approval (the service capacity of the QEC service). The service capacity may be stated— as a single number; or as different numbers applying to the QEC service at different times according to the circumstances (for example, according to the ages of the children being provided with regulated education and care). The service capacity applies to all the children to whom regulated education and care is being provided at one time in the course of the QEC service, whether the children are being provided with the regulated education and care at the QEC service premises or somewhere else. on an excursion (sec.50-ssec.1) The conditions of a service approval must include a condition stating the maximum number of children to whom regulated education and care may be provided at one time under the approval (the service capacity of the QEC service). (sec.50-ssec.2) The service capacity may be stated— as a single number; or as different numbers applying to the QEC service at different times according to the circumstances (for example, according to the ages of the children being provided with regulated education and care). (sec.50-ssec.3) The service capacity applies to all the children to whom regulated education and care is being provided at one time in the course of the QEC service, whether the children are being provided with the regulated education and care at the QEC service premises or somewhere else. on an excursion
This section applies to a period during which the number of children being provided with regulated education and care in the course of a QEC approved service is more than its service capacity. The approved provider is taken not to be contravening a condition of the service approval about the service capacity during the period if— emergency care is being provided during the period to one or more children; and emergency care is not provided to the child or children for more than 2 consecutive days in circumstances to which this section applies; and the amount by which the number of children being provided with regulated education and care exceeds the service capacity during the period is not more than— if emergency care is being provided to 2 or more children in the same family—that number of children; or otherwise—one. A child is determined to be in need of protection under a child protection order. The parent of a child needs urgent health care that prevents them caring for the child. An approved provider of a QEC approved service must not permit the service to educate and care for an additional child or children in an emergency unless the approved provider is satisfied this will not affect the safety, health and wellbeing of the children attending the service. The approved provider must, within 24 hours of the attendance of the additional child or children, notify the chief executive of the attendance, including— a description of the emergency; and a statement by the approved provider that the approved provider was satisfied under subsection (3) . (sec.51-ssec.1) This section applies to a period during which the number of children being provided with regulated education and care in the course of a QEC approved service is more than its service capacity. (sec.51-ssec.2) The approved provider is taken not to be contravening a condition of the service approval about the service capacity during the period if— emergency care is being provided during the period to one or more children; and emergency care is not provided to the child or children for more than 2 consecutive days in circumstances to which this section applies; and the amount by which the number of children being provided with regulated education and care exceeds the service capacity during the period is not more than— if emergency care is being provided to 2 or more children in the same family—that number of children; or otherwise—one. A child is determined to be in need of protection under a child protection order. The parent of a child needs urgent health care that prevents them caring for the child. (sec.51-ssec.3) An approved provider of a QEC approved service must not permit the service to educate and care for an additional child or children in an emergency unless the approved provider is satisfied this will not affect the safety, health and wellbeing of the children attending the service. (sec.51-ssec.4) The approved provider must, within 24 hours of the attendance of the additional child or children, notify the chief executive of the attendance, including— a description of the emergency; and a statement by the approved provider that the approved provider was satisfied under subsection (3) .
If the chief executive grants a service approval, the chief executive must give a copy of the approval to the approved provider. The service approval must state the following— the name of the approved provider; the name of the QEC service; the address of the QEC service premises; the conditions applying to the service approval; the details of any service waiver applying to the service approval; the date the service approval was granted; the number of the service approval (the service approval number ); the maximum number of children who can be cared for by the service at any time. (sec.52-ssec.1) If the chief executive grants a service approval, the chief executive must give a copy of the approval to the approved provider. (sec.52-ssec.2) The service approval must state the following— the name of the approved provider; the name of the QEC service; the address of the QEC service premises; the conditions applying to the service approval; the details of any service waiver applying to the service approval; the date the service approval was granted; the number of the service approval (the service approval number ); the maximum number of children who can be cared for by the service at any time.
An approved provider must comply with the condition of a service approval mentioned in section 49 (2) (a) . Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 232 . An approved provider must comply with all other conditions of a service approval. Maximum penalty—40 penalty units. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 233 , to have also committed the offence. s 53 amd 2013 No. 51 s 229 sch 1 (sec.53-ssec.1) An approved provider must comply with the condition of a service approval mentioned in section 49 (2) (a) . Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 232 . (sec.53-ssec.2) An approved provider must comply with all other conditions of a service approval. Maximum penalty—40 penalty units. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 233 , to have also committed the offence.
An approved provider must pay the annual fee prescribed under a regulation for each service approval the provider holds.
This section applies if— an approved provider holds a service approval for premises; and exceptional circumstances have caused the premises (the affected premises ) to be unsuitable for the provision of the regulated education and care for which the premises are approved. The premises for a QEC approved service have been flooded. The approved provider may apply to the chief executive— to temporarily suspend the service approval for the affected premises; and for a new service approval (an exceptional circumstances service approval ) to provide the regulated education and care from other premises (the replacement premises ). (sec.55-ssec.1) This section applies if— an approved provider holds a service approval for premises; and exceptional circumstances have caused the premises (the affected premises ) to be unsuitable for the provision of the regulated education and care for which the premises are approved. The premises for a QEC approved service have been flooded. (sec.55-ssec.2) The approved provider may apply to the chief executive— to temporarily suspend the service approval for the affected premises; and for a new service approval (an exceptional circumstances service approval ) to provide the regulated education and care from other premises (the replacement premises ).
The application— must be in the approved form; or if the nature of the exceptional circumstances means that it is not practicable to submit the approved form—may be made orally and followed by the approved form as soon as practicable. The application may be made by more than one person. If an application is made by more than one person— the information required must be provided for each person; and the requirements of this division must be complied with by each person. The applicant also must provide any other relevant information reasonably required by the chief executive under section 58 . s 56 amd 2025 No. 24 s 39S (sec.56-ssec.1) The application— must be in the approved form; or if the nature of the exceptional circumstances means that it is not practicable to submit the approved form—may be made orally and followed by the approved form as soon as practicable. (sec.56-ssec.2) The application may be made by more than one person. (sec.56-ssec.3) If an application is made by more than one person— the information required must be provided for each person; and the requirements of this division must be complied with by each person. (sec.56-ssec.4) The applicant also must provide any other relevant information reasonably required by the chief executive under section 58 .
The chief executive must within 7 days grant, or refuse to grant, the application and notify the applicant in writing of the chief executive’s decision.
The chief executive may ask an applicant for an exceptional circumstances service approval to provide any further information that is reasonably required for the purpose of assessing the application.
The chief executive must not grant an application for an exceptional circumstances service approval unless the chief executive is satisfied— the approved provider holds a service approval for the affected premises; and exceptional circumstances have caused the affected premises to be unsuitable for the provision of the regulated education and care for which the premises are approved; and the replacement premises are suitable for providing regulated education and care; and the operation of the service at the replacement premises will not constitute an unacceptable risk to the safety, health or wellbeing of children to be educated or cared for at the replacement premises.
The chief executive may grant an exceptional circumstances service approval on the conditions the chief executive considers appropriate.
The chief executive may revoke an exceptional circumstances service approval for an approved provider by giving at least 14 days notice in writing to the provider. In deciding whether to revoke the approval the chief executive may have regard to any of the following matters— whether the exceptional circumstances that caused the affected premises to be unsuitable still apply; the efforts the approved provider has made— to again make the affected premises suitable for providing regulated education and care; or to find new premises suitable for providing the regulated education and care; whether the continued provision of regulated education and care to children at the replacement premises constitutes an unacceptable risk to the safety, health or wellbeing of the children; other circumstances the chief executive considers relevant. (sec.61-ssec.1) The chief executive may revoke an exceptional circumstances service approval for an approved provider by giving at least 14 days notice in writing to the provider. (sec.61-ssec.2) In deciding whether to revoke the approval the chief executive may have regard to any of the following matters— whether the exceptional circumstances that caused the affected premises to be unsuitable still apply; the efforts the approved provider has made— to again make the affected premises suitable for providing regulated education and care; or to find new premises suitable for providing the regulated education and care; whether the continued provision of regulated education and care to children at the replacement premises constitutes an unacceptable risk to the safety, health or wellbeing of the children; other circumstances the chief executive considers relevant.
This section applies if a notice has been given to an approved provider under section 61 . The approved provider, at the request of the chief executive, must, within 7 days of the request, provide the chief executive with the contact details of the parents of all children enrolled at the QEC approved service operated by the provider. The chief executive may use the information provided under subsection (2) only to notify the parents of children enrolled at the QEC approved service of the ending of the exceptional circumstances service approval for the service. (sec.62-ssec.1) This section applies if a notice has been given to an approved provider under section 61 . (sec.62-ssec.2) The approved provider, at the request of the chief executive, must, within 7 days of the request, provide the chief executive with the contact details of the parents of all children enrolled at the QEC approved service operated by the provider. (sec.62-ssec.3) The chief executive may use the information provided under subsection (2) only to notify the parents of children enrolled at the QEC approved service of the ending of the exceptional circumstances service approval for the service.
The chief executive may cancel or suspend a service approval for affected premises during, or after the end of, the term of the exceptional circumstances service approval for replacement premises. Otherwise, a suspension of the service approval for affected premises remains in force for as long as the exceptional circumstances service approval for the replacement premises is in force. (sec.63-ssec.1) The chief executive may cancel or suspend a service approval for affected premises during, or after the end of, the term of the exceptional circumstances service approval for replacement premises. (sec.63-ssec.2) Otherwise, a suspension of the service approval for affected premises remains in force for as long as the exceptional circumstances service approval for the replacement premises is in force.
Division 2 also applies to an application under this division except for— sections 43 to 46 ; and section 49 (2) (d) and (3) . Also, section 89 does not apply to an exceptional circumstances service approval under this division. (sec.64-ssec.1) Division 2 also applies to an application under this division except for— sections 43 to 46 ; and section 49 (2) (d) and (3) . (sec.64-ssec.2) Also, section 89 does not apply to an exceptional circumstances service approval under this division.
An approved provider holding a service approval may apply to the chief executive for an amendment of the approval. The application must be in the approved form and accompanied by any fee prescribed under a regulation. The applicant also must provide any other relevant information reasonably required by the chief executive to decide the application. The chief executive must decide the application by— amending the approval in the way applied for; or with the applicant’s written agreement, amending the approval in another way; or refusing to amend the approval. See section 211 (Reviewable decisions). Without limiting subsection (4) , an amendment may vary a condition of the approval or impose a new condition on the approval. If the chief executive does not decide the application within the required period after receiving the application and fee, the application is taken to have been refused. In this section— required period , for deciding an application, means— the period of 60 days— starting the day after the application and fee are given to the chief executive; but if the chief executive asks for information under subsection (3) —not including the period starting the day after the chief executive asks for the information until the day the applicant gives the information to the chief executive; or any longer period agreed between the chief executive and the applicant. s 65 amd 2025 No. 24 s 39T (sec.65-ssec.1) An approved provider holding a service approval may apply to the chief executive for an amendment of the approval. (sec.65-ssec.2) The application must be in the approved form and accompanied by any fee prescribed under a regulation. (sec.65-ssec.3) The applicant also must provide any other relevant information reasonably required by the chief executive to decide the application. (sec.65-ssec.4) The chief executive must decide the application by— amending the approval in the way applied for; or with the applicant’s written agreement, amending the approval in another way; or refusing to amend the approval. See section 211 (Reviewable decisions). (sec.65-ssec.5) Without limiting subsection (4) , an amendment may vary a condition of the approval or impose a new condition on the approval. (sec.65-ssec.6) If the chief executive does not decide the application within the required period after receiving the application and fee, the application is taken to have been refused. (sec.65-ssec.7) In this section— required period , for deciding an application, means— the period of 60 days— starting the day after the application and fee are given to the chief executive; but if the chief executive asks for information under subsection (3) —not including the period starting the day after the chief executive asks for the information until the day the applicant gives the information to the chief executive; or any longer period agreed between the chief executive and the applicant.
A change of the location of QEC service premises to which a service approval applies may be made only by an application for a new approval, not by an application to amend the approval. A change of the approved provider holding a service approval may be made only by transferring the approval under division 5 , not by an application to amend the approval. (sec.66-ssec.1) A change of the location of QEC service premises to which a service approval applies may be made only by an application for a new approval, not by an application to amend the approval. (sec.66-ssec.2) A change of the approved provider holding a service approval may be made only by transferring the approval under division 5 , not by an application to amend the approval.
The chief executive may amend a service approval at any time without receiving an application for the amendment from the approved provider holding the approval. The chief executive may change a condition of the approval or impose a new condition. The chief executive must first give the approved provider a notice ( show cause notice ) stating— that the chief executive proposes to amend the approval; and the proposed amendment; and the reasons for the proposed amendment; and that the approved provider may, within a stated time of at least 30 days, give the chief executive a written response to the proposed amendment. After considering any response from the approved provider within the time stated in the show cause notice, the chief executive may make some or all of the proposed amendment. If the chief executive decides not to amend the approval, the chief executive must give the approved provider notice of the decision. At the approved provider’s written request, or with the approved provider’s written agreement, the chief executive may— amend an approval without giving a show cause notice; or amend an approval in a way that has not been stated in a show cause notice; or amend an approval before the expiration of the time stated in a show cause notice for the approved provider’s response to the proposed amendment. An amendment under this section has effect 14 days after the chief executive gives notice of the amendment to the approved provider or at any later time stated in the notice. See section 211 (Reviewable decisions). (sec.67-ssec.1) The chief executive may amend a service approval at any time without receiving an application for the amendment from the approved provider holding the approval. The chief executive may change a condition of the approval or impose a new condition. (sec.67-ssec.2) The chief executive must first give the approved provider a notice ( show cause notice ) stating— that the chief executive proposes to amend the approval; and the proposed amendment; and the reasons for the proposed amendment; and that the approved provider may, within a stated time of at least 30 days, give the chief executive a written response to the proposed amendment. (sec.67-ssec.3) After considering any response from the approved provider within the time stated in the show cause notice, the chief executive may make some or all of the proposed amendment. (sec.67-ssec.4) If the chief executive decides not to amend the approval, the chief executive must give the approved provider notice of the decision. (sec.67-ssec.5) At the approved provider’s written request, or with the approved provider’s written agreement, the chief executive may— amend an approval without giving a show cause notice; or amend an approval in a way that has not been stated in a show cause notice; or amend an approval before the expiration of the time stated in a show cause notice for the approved provider’s response to the proposed amendment. (sec.67-ssec.6) An amendment under this section has effect 14 days after the chief executive gives notice of the amendment to the approved provider or at any later time stated in the notice. See section 211 (Reviewable decisions).
This section applies if the chief executive is reasonably satisfied, in the interests of the safety, health and wellbeing of children being provided with education and care under a provider approval, it is necessary to immediately amend the provider’s service approval. The chief executive may immediately amend the service approval without complying with section 67 . As soon as practicable after amending the approval, the chief executive must give notice of the amendment to the approved provider. The notice must state the reasons for the amendment. The amendment has effect for the period, not more than 60 days, stated in the notice. See section 211 (Reviewable decisions). (sec.68-ssec.1) This section applies if the chief executive is reasonably satisfied, in the interests of the safety, health and wellbeing of children being provided with education and care under a provider approval, it is necessary to immediately amend the provider’s service approval. (sec.68-ssec.2) The chief executive may immediately amend the service approval without complying with section 67 . (sec.68-ssec.3) As soon as practicable after amending the approval, the chief executive must give notice of the amendment to the approved provider. (sec.68-ssec.4) The notice must state the reasons for the amendment. (sec.68-ssec.5) The amendment has effect for the period, not more than 60 days, stated in the notice. See section 211 (Reviewable decisions).
As soon as practicable after amending a service approval under this division, the chief executive must give an amended copy of the approval to the approved provider.
An approved provider holding a service approval (the transferor ) may apply to the chief executive to transfer the approval to another approved provider (the transferee ). The application must be in the approved form and accompanied by any fee prescribed under a regulation. The reference in subsection (1) to an approved provider who is the transferor includes a person whose provider approval or service approval is suspended but does not include a person whose provider approval has been cancelled. Section 71 deals with the transfer of an approved provider’s service approval while the service approval is suspended. Section 85 deals with the transfer of an approved provider’s service approval that is about to be cancelled. (sec.70-ssec.1) An approved provider holding a service approval (the transferor ) may apply to the chief executive to transfer the approval to another approved provider (the transferee ). (sec.70-ssec.2) The application must be in the approved form and accompanied by any fee prescribed under a regulation. (sec.70-ssec.3) The reference in subsection (1) to an approved provider who is the transferor includes a person whose provider approval or service approval is suspended but does not include a person whose provider approval has been cancelled. Section 71 deals with the transfer of an approved provider’s service approval while the service approval is suspended. Section 85 deals with the transfer of an approved provider’s service approval that is about to be cancelled.
This section applies if, while an approved provider’s service approval is suspended, the chief executive consents to the transfer of the service approval under this division. A condition of the consent may provide for the suspension to continue. Otherwise, the suspension ends on the day the transfer takes effect. (sec.71-ssec.1) This section applies if, while an approved provider’s service approval is suspended, the chief executive consents to the transfer of the service approval under this division. (sec.71-ssec.2) A condition of the consent may provide for the suspension to continue. (sec.71-ssec.3) Otherwise, the suspension ends on the day the transfer takes effect.
The chief executive may require information, and conduct investigations, as if the transferee were an applicant for a service approval under part 3 , division 2 .
The chief executive must decide the application by granting, or refusing to grant, the transfer and must give notice of the decision to both the transferor and transferee. See section 211 (Reviewable decisions). The chief executive may grant the transfer on conditions the chief executive considers appropriate and must give notice of any conditions to both the transferor and transferee. Without limiting subsection (2) , a condition under subsection (2) may— include a condition the chief executive could have imposed if the application were an application for a service approval under part 3 , division 2 ; or include a condition stating the date on which the transfer takes effect; or apply to the provider approval or the service approval of the transferee. If the chief executive does not decide the application within the required period after receiving the application and fee, the application is taken to have been refused. In this section— required period , for deciding an application, means— the period of 30 days— starting the day after the application and fee are given to the chief executive; but if the chief executive asks for information from the transferor or transferee—not including the period starting the day after the chief executive asks for the information until the day the transferor or transferee gives the information to the chief executive; or any longer period agreed between the chief executive and the transferor or transferee. (sec.73-ssec.1) The chief executive must decide the application by granting, or refusing to grant, the transfer and must give notice of the decision to both the transferor and transferee. See section 211 (Reviewable decisions). (sec.73-ssec.2) The chief executive may grant the transfer on conditions the chief executive considers appropriate and must give notice of any conditions to both the transferor and transferee. (sec.73-ssec.3) Without limiting subsection (2) , a condition under subsection (2) may— include a condition the chief executive could have imposed if the application were an application for a service approval under part 3 , division 2 ; or include a condition stating the date on which the transfer takes effect; or apply to the provider approval or the service approval of the transferee. (sec.73-ssec.4) If the chief executive does not decide the application within the required period after receiving the application and fee, the application is taken to have been refused. (sec.73-ssec.5) In this section— required period , for deciding an application, means— the period of 30 days— starting the day after the application and fee are given to the chief executive; but if the chief executive asks for information from the transferor or transferee—not including the period starting the day after the chief executive asks for the information until the day the transferor or transferee gives the information to the chief executive; or any longer period agreed between the chief executive and the transferor or transferee.
The transferor and the transferee must each give notice to the chief executive within 2 days after the transfer takes effect stating the date of the transfer. Maximum penalty—5 penalty units. On receipt of a notice under this section, the chief executive must amend the service approval and provide an amended copy of the service approval to the transferee. The amendment of the service approval takes effect on the date of the transfer. A transferor or transferee who gives notice under this section is not guilty of an offence for a failure of the other party to the transfer to give the notice. (sec.74-ssec.1) The transferor and the transferee must each give notice to the chief executive within 2 days after the transfer takes effect stating the date of the transfer. Maximum penalty—5 penalty units. (sec.74-ssec.2) On receipt of a notice under this section, the chief executive must amend the service approval and provide an amended copy of the service approval to the transferee. (sec.74-ssec.3) The amendment of the service approval takes effect on the date of the transfer. (sec.74-ssec.4) A transferor or transferee who gives notice under this section is not guilty of an offence for a failure of the other party to the transfer to give the notice.
A transferee must give notice under this section of the transfer of a service approval to a parent of each child to whom education and care is regularly provided in the course of the QEC approved service. Maximum penalty—5 penalty units. The notice must be given at least 2 days before the transfer of the service approval takes effect unless the transferee has a reasonable excuse. This section does not apply for a parent or carer who the transferee can not locate after making reasonable enquiries. (sec.75-ssec.1) A transferee must give notice under this section of the transfer of a service approval to a parent of each child to whom education and care is regularly provided in the course of the QEC approved service. Maximum penalty—5 penalty units. (sec.75-ssec.2) The notice must be given at least 2 days before the transfer of the service approval takes effect unless the transferee has a reasonable excuse. (sec.75-ssec.3) This section does not apply for a parent or carer who the transferee can not locate after making reasonable enquiries.
The chief executive may suspend a service approval if— the chief executive reasonably believes it would not be in the best interests of children being educated and cared for by the QEC service for the service to continue; or a condition of the service approval has not been complied with; or the service is not being managed in accordance with this Act; or the approved provider has failed to comply with a compliance notice and the noncompliance is substantial; or the approved provider— has ceased operating a QEC service at the QEC service premises for which the service approval was granted; and within 6 months of ceasing operating the service, has not transferred the service to another approved provider; or the approved provider has not, within 6 months after being granted a service approval, started ongoing operation of the service; or the approved provider has not paid the prescribed annual fee for the service approval.
This section applies if the chief executive is considering the suspension of a service approval under section 76 . The chief executive must give the approved provider a notice (a show cause notice ) stating the following— that the chief executive intends to suspend the service approval; the proposed period of suspension; the reasons for the proposed suspension; that the approved provider may, within 30 days after the notice is given, give the chief executive a written response to the proposed suspension. (sec.77-ssec.1) This section applies if the chief executive is considering the suspension of a service approval under section 76 . (sec.77-ssec.2) The chief executive must give the approved provider a notice (a show cause notice ) stating the following— that the chief executive intends to suspend the service approval; the proposed period of suspension; the reasons for the proposed suspension; that the approved provider may, within 30 days after the notice is given, give the chief executive a written response to the proposed suspension.
After considering any written response from the approved provider received within the period mentioned in section 77 (2) (d) , the chief executive may— suspend the service approval for a period of not more than 12 months; or decide not to suspend the service approval. See section 211 (Reviewable decisions).
This section applies if the chief executive is satisfied there is an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by a QEC approved service operated by an approved provider. The chief executive may suspend the approved provider’s service approval on a ground mentioned in section 76 without giving the approved provider a show cause notice under section 77 . The suspension may not be for a period of more than 6 months. See section 211 (Reviewable decisions). (sec.79-ssec.1) This section applies if the chief executive is satisfied there is an immediate risk to the safety, health or wellbeing of a child or children being educated and cared for by a QEC approved service operated by an approved provider. (sec.79-ssec.2) The chief executive may suspend the approved provider’s service approval on a ground mentioned in section 76 without giving the approved provider a show cause notice under section 77 . (sec.79-ssec.3) The suspension may not be for a period of more than 6 months. See section 211 (Reviewable decisions).
The chief executive must give the approved provider notice of the decision to suspend the provider’s service approval. The notice of a decision to suspend must set out the period of suspension and the date on which it takes effect. The decision under section 78 to suspend takes effect at the end of 14 days after the date of the decision, or, if a longer period is stated by the chief executive, at the end of that period. The decision under section 79 to suspend takes effect when the notice is given to the approved provider. (sec.80-ssec.1) The chief executive must give the approved provider notice of the decision to suspend the provider’s service approval. (sec.80-ssec.2) The notice of a decision to suspend must set out the period of suspension and the date on which it takes effect. (sec.80-ssec.3) The decision under section 78 to suspend takes effect at the end of 14 days after the date of the decision, or, if a longer period is stated by the chief executive, at the end of that period. (sec.80-ssec.4) The decision under section 79 to suspend takes effect when the notice is given to the approved provider.
The chief executive may, on application by an approved provider, lift the suspension of the provider’s service approval before the suspension would otherwise end. The application must be in the approved form and be accompanied by any fee prescribed under a regulation. (sec.81-ssec.1) The chief executive may, on application by an approved provider, lift the suspension of the provider’s service approval before the suspension would otherwise end. (sec.81-ssec.2) The application must be in the approved form and be accompanied by any fee prescribed under a regulation.
The chief executive may cancel a service approval if— the chief executive reasonably believes the continued operation of the QEC service would constitute an unacceptable risk to the safety, health or wellbeing of any child or class of children being educated and cared for by the QEC service; or the approval has been suspended under this division and the reason for the suspension has not been rectified by the end of the period of suspension; or the service approval was obtained improperly; or the approved provider has failed to comply with a compliance notice and the noncompliance is substantial; or a condition of the service approval has not been complied with.
This section applies if the chief executive is considering the cancellation of a service approval under section 82 . The chief executive must first give the approved provider a notice (a show cause notice ) stating the following— that the chief executive intends to cancel the service approval; the reasons for the proposed cancellation; that the approved provider may, within 30 days after the notice is given, give the chief executive a written response to the proposed cancellation. (sec.83-ssec.1) This section applies if the chief executive is considering the cancellation of a service approval under section 82 . (sec.83-ssec.2) The chief executive must first give the approved provider a notice (a show cause notice ) stating the following— that the chief executive intends to cancel the service approval; the reasons for the proposed cancellation; that the approved provider may, within 30 days after the notice is given, give the chief executive a written response to the proposed cancellation.
After considering any written response from the approved provider received within the time allowed under section 83 (2) (c) , the chief executive— may— cancel the service approval; or suspend the service approval for a period of not more than 12 months; or decide not to cancel the service approval; and must give the approved provider notice of the decision. The decision to cancel the service approval takes effect at the end of 14 days after the date of the decision or, if a longer period is stated by the chief executive, at the end of that period. The notice of a decision to cancel or suspend the service approval must state the date on which it takes effect. This Act applies to a suspension of a service approval under this section as if it were a suspension under section 78 . (sec.84-ssec.1) After considering any written response from the approved provider received within the time allowed under section 83 (2) (c) , the chief executive— may— cancel the service approval; or suspend the service approval for a period of not more than 12 months; or decide not to cancel the service approval; and must give the approved provider notice of the decision. (sec.84-ssec.2) The decision to cancel the service approval takes effect at the end of 14 days after the date of the decision or, if a longer period is stated by the chief executive, at the end of that period. (sec.84-ssec.3) The notice of a decision to cancel or suspend the service approval must state the date on which it takes effect. (sec.84-ssec.4) This Act applies to a suspension of a service approval under this section as if it were a suspension under section 78 .
An approved provider may apply to the chief executive for consent to transfer a service approval that is to be cancelled under this division. The application for consent to transfer must be made within 14 days after the decision to cancel the service approval is made. If an application for consent to transfer is made, the cancellation of the service approval does not take effect, and the service approval is suspended, until the chief executive decides the application. (sec.85-ssec.1) An approved provider may apply to the chief executive for consent to transfer a service approval that is to be cancelled under this division. (sec.85-ssec.2) The application for consent to transfer must be made within 14 days after the decision to cancel the service approval is made. (sec.85-ssec.3) If an application for consent to transfer is made, the cancellation of the service approval does not take effect, and the service approval is suspended, until the chief executive decides the application.
If the chief executive consents to the transfer— the decision to cancel the service approval is revoked; and the suspension of the service approval ceases on the transfer taking effect, unless the conditions imposed by the chief executive on the consent to the transfer state a later date for the suspension to cease. If the chief executive refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse to consent. (sec.86-ssec.1) If the chief executive consents to the transfer— the decision to cancel the service approval is revoked; and the suspension of the service approval ceases on the transfer taking effect, unless the conditions imposed by the chief executive on the consent to the transfer state a later date for the suspension to cease. (sec.86-ssec.2) If the chief executive refuses to consent to the transfer, the service approval is cancelled on the making of the decision to refuse to consent.
This section applies if a show cause notice has been given to an approved provider under section 77 or 83 . The approved provider, at the request of the chief executive, must, within 7 days of the request, provide the chief executive with the contact details of the parents of all children enrolled at the QEC approved service operated by the approved provider. The chief executive may use the information provided under subsection (2) only to notify the parents of children enrolled at the QEC approved service of a suspension or cancellation of the service approval for the service. (sec.87-ssec.1) This section applies if a show cause notice has been given to an approved provider under section 77 or 83 . (sec.87-ssec.2) The approved provider, at the request of the chief executive, must, within 7 days of the request, provide the chief executive with the contact details of the parents of all children enrolled at the QEC approved service operated by the approved provider. (sec.87-ssec.3) The chief executive may use the information provided under subsection (2) only to notify the parents of children enrolled at the QEC approved service of a suspension or cancellation of the service approval for the service.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This Act may be cited as the Education and Care Services Act 2013 .
This Act commences on a day to be fixed by proclamation.
This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. Nothing in this Act makes the State liable to be prosecuted for an offence. (sec.3-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (sec.3-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.
The object of this Act is to ensure the safety, health and wellbeing of children attending a Queensland education and care service. The ways in which the object is to be achieved include— establishing a provider approval and service approval system for Queensland education and care services; and regulating the way stand-alone services are conducted; and setting standards for persons who provide education and care for children. (sec.4-ssec.1) The object of this Act is to ensure the safety, health and wellbeing of children attending a Queensland education and care service. (sec.4-ssec.2) The ways in which the object is to be achieved include— establishing a provider approval and service approval system for Queensland education and care services; and regulating the way stand-alone services are conducted; and setting standards for persons who provide education and care for children.
Queensland approved education and care services are to be conducted under the following principles— the best interests of a child are the paramount concern; education and care should be provided to a child in a way that— protects the child from harm; and respects the child’s dignity and privacy; and promotes the child’s health and wellbeing; and provides positive experiences for the child; education and care should be provided to a child in a way that stimulates and develops the child’s creative, emotional, intellectual, lingual, physical, recreational, and social potential; parents have the primary responsibility for the upbringing, protection and development of children, and should be supported in that role; education and care should be planned and provided in a way that— involves parents and other members of the community; and reflects the multicultural and multilingual nature of the community. Stand-alone services are to be operated in a way that protects a child from harm and promotes the child’s health and wellbeing. (sec.5-ssec.1) Queensland approved education and care services are to be conducted under the following principles— the best interests of a child are the paramount concern; education and care should be provided to a child in a way that— protects the child from harm; and respects the child’s dignity and privacy; and promotes the child’s health and wellbeing; and provides positive experiences for the child; education and care should be provided to a child in a way that stimulates and develops the child’s creative, emotional, intellectual, lingual, physical, recreational, and social potential; parents have the primary responsibility for the upbringing, protection and development of children, and should be supported in that role; education and care should be planned and provided in a way that— involves parents and other members of the community; and reflects the multicultural and multilingual nature of the community. (sec.5-ssec.2) Stand-alone services are to be operated in a way that protects a child from harm and promotes the child’s health and wellbeing.
Provides graduated compliance tools and decision processes: show‑cause notices and response periods before most suspensions/cancellations (usually 14–30 days), but immediate action is permitted where there is an immediate safety risk (secs 22–29, 67–80, 195, 23, 68). Timeframes for deciding applications and reviews are prescribed (secs 13, 45, 73, 96, 103 etc.).
Creates reporting, record and publication systems:
Includes special regimes for small "stand‑alone" services (defined at sec 9) with specific caps on numbers, adult requirements, insurance and suitability checks (secs 132–135, 133–134).
Enables waivers and temporary waivers of specified regulatory requirements where appropriate (secs 92–103), and an exceptional‑circumstances fast track for replacement premises after disasters (secs 55–64).
Provides review rights: internal review by the chief executive for some compliance decisions (secs 209–210) and external review to QCAT for many decisions (sec 211).
Establishes data‑sharing and reporting powers for early‑learning (URL) data: services may disclose defined child and staff data to the department and to prescribed entities (including central governing bodies and national agencies) for planning, quality assurance and reporting (secs 220–224).
Who this affects
Why it matters (stated purpose and what that implies)
Testing the purpose‑claim against costs, incentives and trade‑offs
Who pays: the direct compliance costs and fees fall on providers — application fees, annual service fees (sec 54), insurance costs (sec 49(2)(c), sec 135), record‑keeping obligations (secs 128–131), and potential costs of remedial works to meet building or safety requirements (sec 194). Indirect costs include staff time for reporting, training and administrative duties (secs 113, 127, 119).
Who decides: the chief executive (department) has substantial discretionary authority to grant, condition, amend, suspend or cancel approvals and to publish enforcement outcomes (secs 13, 22, 67, 204–206). That concentrates decision‑making and operational discretion in the regulator and authorised officers.
Behavioural incentives and trade‑offs:
Implementation risk and opportunity costs:
Concentrated benefits and diffuse costs
Discretion, review and safeguards
Net effect on private choice and market operation
Key sections to consult quickly
This summary focuses on the statutory mechanics and the immediate legal incentives and costs set up by the Act (with section references where the mechanics are set out).
The dictionary in schedule 1 defines particular words used in this Act. s 6 amd 2013 No. 44 s 269 sch 1 pt 1
Regulated education and care is education and care provided to a child— by someone other than a relative or guardian of the child; and at a place other than the child’s home; and for reward; and in the course of a service for regularly providing education and care of children.
A Queensland education and care service or QEC service is a service for providing regulated education and care of children under 13 years of age but does not include any of the following services— an approved education and care service under the Education and Care Services National Law (Queensland) ; a service, for providing primary, secondary or special education, conducted by a school; a service principally conducted to provide— regulated education and care to patients in a hospital or patients in a medical or therapeutic care service; or residential facilities; or instruction in a particular activity, including, for example, dance, music or a sport; or tutoring, coaching or religious instruction; or a recreational activity, including, for example, a camp or party; hospital, boarding facility for school students, dance academy, sporting club, Sunday school, scout group a service for which, usually, the children to whom care is provided are entirely or mostly different on each occasion the care is provided; a service, conducted by a hotel or resort, to provide child care to children who are short-term guests a service in which the only education and care provided is— holiday care; or adjunct care; a service that is, under the Child Protection Act 1999 , a licensed care service, departmental care service or service provided as an approved carer; a mobile service; a service prescribed under a regulation. To remove any doubt, it is declared that a service may be a Queensland education and care service even though it is— an associated children’s service under the Education and Care Services National Law (Queensland) ; or conducted by an entity that also carries on a school; or conducted at premises at which a school is also carried on. (sec.8-ssec.1) A Queensland education and care service or QEC service is a service for providing regulated education and care of children under 13 years of age but does not include any of the following services— an approved education and care service under the Education and Care Services National Law (Queensland) ; a service, for providing primary, secondary or special education, conducted by a school; a service principally conducted to provide— regulated education and care to patients in a hospital or patients in a medical or therapeutic care service; or residential facilities; or instruction in a particular activity, including, for example, dance, music or a sport; or tutoring, coaching or religious instruction; or a recreational activity, including, for example, a camp or party; hospital, boarding facility for school students, dance academy, sporting club, Sunday school, scout group a service for which, usually, the children to whom care is provided are entirely or mostly different on each occasion the care is provided; a service, conducted by a hotel or resort, to provide child care to children who are short-term guests a service in which the only education and care provided is— holiday care; or adjunct care; a service that is, under the Child Protection Act 1999 , a licensed care service, departmental care service or service provided as an approved carer; a mobile service; a service prescribed under a regulation. (sec.8-ssec.2) To remove any doubt, it is declared that a service may be a Queensland education and care service even though it is— an associated children’s service under the Education and Care Services National Law (Queensland) ; or conducted by an entity that also carries on a school; or conducted at premises at which a school is also carried on.
A stand-alone service is a QEC service that— is not a QEC approved service; and is not a service in which education and care is regularly provided to more than 6 children under the age of 13 at the same time.
A mobile service is a service that— provides education and care to children who are not school children; and transports equipment and material or staff from one or more locations on each occasion that the service is provided. However, a service is not a mobile service if it is one of a number of services, with a common Queensland approved provider, that may use common equipment at separate premises on separate occasions, where there is a separate Queensland service approval in place for each premises. (sec.10-ssec.1) A mobile service is a service that— provides education and care to children who are not school children; and transports equipment and material or staff from one or more locations on each occasion that the service is provided. (sec.10-ssec.2) However, a service is not a mobile service if it is one of a number of services, with a common Queensland approved provider, that may use common equipment at separate premises on separate occasions, where there is a separate Queensland service approval in place for each premises.
A Queensland provider approval authorises the Queensland approved provider to operate a QEC service for which the approved provider holds a Queensland service approval.
A person may apply to the chief executive for a Queensland provider approval. The application must be in the approved form and accompanied by any fee prescribed under a regulation. The application may be made by more than one person. If an application is made by more than one person— the information required must be provided for each person; and one address only must be provided for the persons; and the requirements of this division must be complied with by each person. The applicant also must provide any other relevant information reasonably required by the chief executive under section 16 . (sec.12-ssec.1) A person may apply to the chief executive for a Queensland provider approval. (sec.12-ssec.2) The application must be in the approved form and accompanied by
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