Compliance and Enforcement

This section focuses on how compliance with the NQF can best be achieved, including responses to non-compliance that poses a risk to the safety, health and wellbeing of children.

4.1 Appropriateness of Sanctions

This issue is most relevant for service providers, educators and families

This issue examines whether the current offences and associated penalties are effective in responding to non-compliant behaviour. Another focus is whether the offences in the National Law and National Regulation are targeted towards the right person (the educator, nominated supervisor or approved provider etc).

For information about offences relating to enforcement please view pages 572-578 of the Guide to the NQF.

4.2 Protected Disclosures

This issue is most relevant for educators and families

When an employee notifies the Regulatory Authority about the non-compliance of a service provider, they are protected from certain actions being taken against them in response to this (such as dismissal). This is called a protected disclosure. Currently the National Law definition of ‘serious detrimental action’ only protects employees of education and care services in these instances and not other individuals such as parents or contractors. This issue looks at whether people besides employees should be protected when notifying the regulatory authority of non-compliance and potential risk of harm to children.

4.3 Prohibition Notices

This issue is most relevant for service providers, educators and families

The Regulatory Authority may issue a prohibition notice to any person that may be considered an unacceptable risk to children if they were involved in the provision or remain on the premises of an education and care facility. This could also extend to a nominated supervisor if they are not a fit and proper person. This issue considers whether there are considerations beyond being ‘an unacceptable risk to children’ that should be considered when deciding if someone should be prohibited from providing education and care to children.