Welcome to the NQF e-bulletin, the department’s e-newsletter to support early childhood education and care services to implement the National Quality Framework.

Monitoring, compliance and enforcement

The department supports the sector to implement good quality education and care practices in accordance with the National Quality Framework.

When services and providers fail to provide quality education and care or a safe environment for children, the department may consider a range of options regarding possible enforcement action such as compliance notices, conditions on service approvals and prosecutions.

It should be noted that under the National Law the department has up to two years from the date of the alleged offence to investigate and commence proceedings for an offence.

The department will consider prosecution for serious breaches such as:

·  young children leaving a service unaccompanied or unnoticed

·  non-compliance that seriously compromises the health, safety or wellbeing of children

·  ongoing and systemic non-compliance.

What happens after a serious breach occurs?

After being notified of a serious breach of the National Law, the department will act to ensure the health, safety and wellbeing of children at the service. This means:

·  services must fix the problem immediately to continue operating

·  the department will check the premises to ensure there is no risk to children

·  the department will begin investigating to determine whether to take enforcement action, including prosecution.


During the investigation process, the department may:

·  enter your premises

·  interview staff or other witnesses

·  copy or seize documents.


Once the investigation is finished, the department will decide on what form of enforcement action (if any) to take.

Enforcement action, including compliance notices, for breaches after 1 October 2013 may be published on the department’s website.

More information

·  Visit the department’s compliance, monitoring and enforcement web page.

·  Read the Publication of enforcement actions fact sheet.

·  Contact your local regional office.

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