Guideline for Reviews under the Education and Care Services Act 2013 (Qld)
Purpose
The purpose of this guideline is to help central and regional office Department of Education and Training (the department) officers manage:
a) applications for an internal review under sections 209 or 210 of the Education and Care Services Act 2013 (Qld) (ECS Act); or
b) a request by the Queensland Civil and Administrative Tribunal (QCAT) to review a decision under section 211 of the ECS Act.
This Guideline falls under the department’s procedure for Reviews under the Education and Care Services Act 2013.
Background
A person can apply for an internal review of a reviewable decision under sections 209 or 210 of the ECS Act. The relevant application form is:
ECS24 Application for internal review of a decision by chief executive
Additional information on reviewable decisions is in:
Sections 209 and 210 of the ECS Act
Reviews under the Education and Care Services Act 2013 procedure.
Templates
Templates for use by departmental officers which relate to reviews are available in TRIM at 60/11/353 (DET employees only).
The role of Regulation, Assessment and Service Quality in section 209 and 210 internal reviews
Regulation, Assessment and Service Quality (RASQ) is responsible for the intake, assessment and decision of all section 209 and 210 internal review applications.
1) Intake
RASQ must:
a) Note receipt of the application on the TRIM internal review register.
b) Review the application for completeness:
i) Check that all required sections on the form have been completed, and all required supporting documentation is attached.
ii) Request additional information from the applicant if necessary.
c) Ascertain the applicable statutory timeframes and the delegated officer for deciding the application:
i) Use the Summary of Timeframes and Delegations under the Education and Care Services Act document (use a date calculator if needed).
2) Assessment
The delegated officer must complete these steps:
a) Acknowledge receipt of the complete application.
b) Assess the application by taking necessary steps as permitted by the ECS Act:
i) Contact the relevant delegated officer who made the original decision and request copies of all relevant documents.
ii) If the information provided in the application does not provide sufficient information, request further information from the applicant under section 209(4) or 210(4) of the ECS Act.
iii) If additional information is requested from the applicant under section 209(4) or 210(4) or an extension is sought from the applicant under section 209(6)(b) or 210(6)(b), the period for deciding the application may be extended by up to 30 days.
iv) Seek advice from the Legal and Administrative Law Branch if considered necessary.
c) Record the steps taken during the assessment of the application:
i) Save all correspondence in TRIM and update the TRIM internal review register.
ii) Submit a recommendation and required documentation to the delegated officer for approval.
3) Decision
The delegated officer will:
a) Approve the application and issue/re-issue required approvals or certificates if necessary; or
b) Approve the application and revoke the compliance notice; or
c) Refuse the application and confirm the original decision; or
d) Make any other decision that the department considers appropriate; and
e) Inform the applicant of the decision, including avenues for further review; and
f) Inform the original decision-maker of the outcome of the internal review application.
Section 211 Externally reviewable decisions
Background
A person is able to apply to the Queensland Civil and Administrative Tribunal (QCAT) for a review of decisions prescribed in section 211 of the ECS Act. QCAT has the power to confirm, amend or set aside the original decision and substitute a new decision. The relevant application form is:
Form 23 Application to review a decision
Additional information relating to externally reviewable decisions is in:
Sections 211 and 212 of the ECS Act
Reviews under the Education and Care Services Act 2013 procedure
QCAT
The role of Regulation, Assessment and Service Quality in section 211 reviews
Applications for review of decisions received by QCAT may be referred to the original decision maker for review. If RASQ receives a request from QCAT to review a decision or to give a statement of reasons for a decision RASQ is responsible for appointing an appropriately delegated officer to undertake the review.
1) Intake
RASQ must note receipt of the request to review a decision from QCAT on TRIM.
2) Review
a) Review the decision by taking the following steps:
i) Request copies of all relevant documents from the delegated officer who made the original decisions.
ii) Seek advice from the Legal and Administrative Law Branch if considered necessary.
b) Record the steps taken during the review:
i) Ensure all correspondence is saved in TRIM and the review is recorded in the relevant TRIM external review register.
3) Decision
The delegated officer will:
a) confirm the original decision; or
b) amend the original decision; or
c) set aside the original decision and substitute a new decision; and
d) inform the applicant and QCAT of the decision, including the reasons for the decision and any avenues for further review; and
e) inform the original decision-maker of the outcome of the review process.
The role of regional offices in internal and external review applications
Although RASQ is responsible for the intake assessment and decision of all internal and external review applications, regional offices have the following role:
a) During the ‘assessment’ step of the review process, and if the original decision was made in a regional office, the applicable regional office will be required to provide the review officer with all requested information and documentation to assist in the assessment of the application for review.
b) During the ‘decision’ step of the review process, and if the original decision was made in a regional office, the applicable regional office will be informed of the decision and requested to issue or reissue approvals if necessary.
This guideline is non-binding information that assists users to follow a procedure.
Uncontrolled copy. Refer to the Department of Education and Training Policy and Procedure Register at http://ppr.det.qld.gov.au to ensure you have the most current version of this document.