EDUCATION AND CARE SERVICES ACT 2013 - As at 1 February 2024 - Act 44 of 2013
- As at 1 February 2024
- Act 44 of 2013
Table of Provisions
PART 1 - PRELIMINARY
Note—
Division 1 - Introduction
- 1 Short title
- 2 Commencement
- 3 Act binds all persons
Division 2 - Object of Act
Division 3 - Guiding principles of Act
Division 4 - Interpretation
- 6 Definitions
- 7 Meaning of regulated education and care
- 8 Meaning of Queensland education and care service
- 9 Meaning of stand-alone service
- 10 Meaning of mobile service
PART 2 - QUEENSLAND PROVIDER APPROVALS
Division 1 - General
Division 2 - Application for Queensland provider approval
- 12 Person may apply for Queensland provider approval
- 13 Chief executive must decide application
- 14 Applicant must be suitable
- 15 Matters for deciding if an individual is suitable
- 16 Chief executive may seek further information
- 17 Duration of provider approval
- 18 Form of provider approval
- 19 Offence for approved provider not to comply with conditions of approval
Division 3 - Reassessment of Queensland provider approval
- 20 Reassessment of suitability
Division 4 - Amendment of Queensland provider approval
- 21 Amendment of provider approval on application
- 22 Amendment of provider approval by chief executive
- 23 Urgent amendment of provider approval by chief executive
- 24 Amended provider approval to be given to approved provider
Division 5 - Suspension or cancellation of Queensland provider approval
- 25 Grounds for suspension of provider approval
- 26 Show cause notice before suspension of provider approval
- 27 Decision about suspension after show cause notice
- 28 Suspension of provider approval without show cause notice
- 29 Notice and taking effect of suspension
- 30 Effect of suspension
- 31 Grounds for cancellation of provider approval
- 32 Show cause notice before cancellation of provider approval
- 33 Decision about cancellation
- 34 Effect of cancellation
- 35 Approved provider to give information to chief executive
- 36 Approved provider to give notice to parents of suspension or cancellation of provider approval
- 37 Voluntary suspension of provider approval
- 38 Approved provider may surrender approval
Division 6 - Personal representatives as approved providers
- 39 Death of sole holder of provider approval
- 40 Death of joint holder of provider approval
PART 3 - QUEENSLAND SERVICE APPROVALS
Division 1 - General
- 41 Effect of approval
- 42 More than one approval or approval holder
Division 2 - Application for Queensland service approval
- 43 Approved provider may apply for service approval
- 44 Form of application for service approval
- 45 Chief executive must decide application for service approval
- 46 Chief executive may seek further information
- 47 Relevant matters for deciding application
- 48 Grounds on which chief executive must refuse application
- 49 Conditions of Queensland service approval
- 50 Service capacity
- 51 Emergency care
- 52 Form of Queensland service approval
- 53 Offence for approved provider not to comply with conditions of Queensland service approval
- 54 Annual fee
Division 3 - Application for Queensland service approval in exceptional circumstances
- 55 Application for new service approval in exceptional circumstances
- 56 Form of application for exceptional circumstances service approval
- 57 Chief executive must decide application
- 58 Chief executive may seek further information
- 59 Relevant matters for deciding application
- 60 Conditions of exceptional circumstances service approval
- 61 When exceptional circumstances service approval ends
- 62 Approved provider to provide information to chief executive
- 63 Duration of temporary suspension of service approval of affected premises
- 64 Application of other provisions of this Act to this division
Division 4 - Amendment of Queensland service approval
- 65 Amendment of service approval on application
- 66 Restrictions on amendment of service approval
- 67 Amendment of service approval by chief executive
- 68 Urgent amendment of service approval by chief executive
- 69 Amended service approval to be given to approved provider
Division 5 - Transfer of Queensland service approval
- 70 Transfer of approval
- 71 Transfer of suspended service approval
- 72 Application for transfer to be dealt with as an application for a service approval
- 73 Chief executive must decide application
- 74 Confirmation of transfer
- 75 Notice to parents
Division 6 - Suspension or cancellation of Queensland service approval
- 76 Grounds for suspension of service approval
- 77 Show cause notice before suspension of service approval
- 78 Decision about suspension after show cause notice
- 79 Suspension of service approval without show cause notice
- 80 Notice and taking effect of suspension
- 81 Lifting of suspension
- 82 Grounds for cancellation of service approval
- 83 Show cause notice before cancellation of service approval
- 84 Decision about cancellation of service approval
- 85 Application for transfer of cancelled service approval
- 86 Decision on application to transfer cancelled service
- 87 Approved provider to provide information to chief executive
- 88 Approved provider to give notice to parents of suspension or cancellation of service approval
- 89 Voluntary suspension of service approval
- 90 Approved provider may surrender service approval
Division 7 - Chief executive to give information about disciplinary action to chief executive (employment screening)
- 91 Chief executive to give information to chief executive (employment screening)
Division 8 - Application for service waiver
- 92 Application for service waiver for QEC approved service
- 93 Form of application for service waiver
- 94 Chief executive may request information and inspect premises
- 95 Matters chief executive may consider for service waiver
- 96 Decision on application
- 97 Revocation of service waiver
- 98 Effect of service waiver
Division 9 - Temporary waiver
- 99 Application for temporary waiver for QEC approved service
- 100 Form of application for temporary waiver
- 101 Chief executive may request information and inspect premises
- 102 Matters chief executive must consider for temporary waiver
- 103 Decisions on application for temporary waiver
- 104 Chief executive may extend temporary waiver on application
- 105 Revocation of temporary waiver
- 106 Effect of temporary waiver
Division 10 - Offences
- 107 Person must not provide an education and care service without service approval
- 108 Person must not advertise QEC service without service approval
PART 4 - CONDUCT OF QEC APPROVED SERVICES
Division 1 - General
- 109 Approved provider’s overriding responsibility
Division 2 - Staff members
Subdivision 1 - Staffing requirements
- 110 Standard requirements
- 111 Requirements applying to a service
- 112 Rest periods
- 113 Supervisor for QEC approved service
- 114 Appointment of nominee
- 115 Purpose and effect of appointment of nominee
- 116 Presence of at least 2 adult staff members
Subdivision 2 - Qualifications, training and study
- 117 Certain unqualified person may fulfil requirement for qualified person
- 118 Defence of relying on evidence of qualifications, training or study
- 119 Evidence of staff qualifications or enrolment
Division 3 - Other requirements
- 120 Required programs for children
- 121 Children must be adequately supervised
- 122 Children must be protected from harm and hazards
- 123 Display of prescribed information
- 124 Failure to notify chief executive of certain changes
- 125 Failure to notify chief executive of intention to transfer service approval
- 126 Failure to notify chief executive of change in suitability to operate QEC service
- 127 Failure to report serious incident, temporary closure incident, complaint or other prescribed matter
Division 4 - Records
- 128 Failure to retain records
- 129 Access to records
- 130 Confidentiality of records
- 131 Record keeping obligations when person stops being approved provider
PART 5 - STAND-ALONE SERVICES
- 132 Person involved in conduct of, or provision of care for, stand-alone service must be an adult
- 133 Suitability of other persons in home where stand-alone service operates
- 134 Maximum number of children receiving care
- 135 Person must not conduct stand-alone service without insurance
PART 6 - MONITORING AND ENFORCEMENT
Division 1 - Interpretation
Division 2 - General provisions about authorised officers
Subdivision 1 - Functions and appointment
- 137 Functions of authorised officers
- 138 Appointment of authorised officer
- 139 When office ends
Subdivision 2 - Identity cards
- 140 Issue of identity card
- 141 Production or display of identity card
Subdivision 3 - Miscellaneous provisions
- 142 References to exercise of powers
- 143 Reference to document includes reference to reproductions from electronic document
Division 3 - Entry of places by authorised officers
Subdivision 1 - Power to enter
- 144 General power to enter places
Subdivision 2 - Entry by consent
- 145 Application of sdiv 2
- 146 Incidental entry to ask for access
- 147 Matters authorised officer must tell occupier
- 148 Consent acknowledgement
Subdivision 3 - Entry under warrant
- 149 Application for warrant
- 150 Issue of warrant
- 151 Electronic application
- 152 Additional procedure if electronic application
- 153 Defect in relation to a warrant
- 154 Entry procedure
- 155 Entering a home and preserving privacy
Subdivision 4 - General powers of authorised officers after entering places
- 156 Application of sdiv 4
- 157 General powers
- 158 Power to require reasonable help
- 159 Offence to contravene help requirement
Division 4 - Seizure by authorised officers and forfeiture
Subdivision 1 - Power to seize
- 160 Seizing evidence at a place that may be entered without consent or warrant
- 161 Seizing evidence at a place that may be entered only with consent or warrant
- 162 Seizure of property subject to security
Subdivision 2 - Powers to support seizure
- 163 Requirement of person in control of thing to be seized
- 164 Offence to contravene seizure requirement
- 165 Power to secure seized thing
- 166 Offence to contravene other seizure requirement
- 167 Offence to interfere
Subdivision 3 - Safeguards for seized things
- 168 Receipt and information notice for seized thing
- 169 Access to seized thing
- 170 Return of seized thing
Subdivision 4 - Forfeiture
- 171 Forfeiture by chief executive decision
- 172 Information notice about forfeiture decision
Subdivision 5 - Dealing with property forfeited or transferred to State
- 173 When thing becomes property of the State
- 174 How property may be dealt with
Division 5 - Other information-obtaining powers
- 175 Power to require name and address
- 176 Offence to contravene personal details requirement
- 177 Power to require evidence of age, name and address of person suspected of being underage carer
- 178 Power to require production of document
- 179 Offence to contravene document production requirement
- 180 Offence to contravene document certification requirement
- 181 Power to require information
- 182 Offence to contravene information requirement
Division 6 - Miscellaneous provisions relating to authorised officers
Subdivision 1 - Damage
- 183 Duty to avoid inconvenience and minimise damage
- 184 Notice of damage
Subdivision 2 - Compensation
- 185 Compensation
Subdivision 3 - Other offences relating to authorised officers
- 186 Giving authorised officer false or misleading information
- 187 Obstructing authorised officer
- 188 Impersonating authorised officer
Subdivision 4 - Other provisions
- 189 Evidential immunity for individuals complying with particular requirements
Division 7 - Monitoring suitability of relevant persons
- 190 Suitability of persons in home in which stand-alone education and care is provided
- 191 Chief executive may obtain information about suitability checks
- 192 Notification that an occupant is a disqualified person
Division 8 - Compliance
Subdivision 1 - Compliance notices
- 193 Compliance notice
- 194 Compliance with Building Act requirements for QEC approved service
Subdivision 2 - Emergency action notices
- 195 Emergency action notices
Subdivision 3 - Prohibition notices
- 196 Basis for giving a prohibition notice
- 197 Show cause notice to be given before prohibition notice
- 198 Deciding whether to issue prohibition notice
- 199 Content of prohibition notice
- 200 Chief executive must give notice to chief executive (employment screening)
- 201 Cancellation of prohibition notice
- 202 Person must not contravene prohibition notice under this Act
- 203 Approved provider must not engage person to whom prohibition notice applies
Division 9 - Publication about enforcement action
- 204 Compliance and enforcement information
- 205 When information about enforcement action may be published
- 206 Period of publication of information
Division 10 - Periodic review of QEC approved services
- 207 Chief executive must undertake 3-yearly inspection of QEC approved service
- 208 Procedure for 3-yearly inspection
PART 7 - REVIEW
Division 1 - Review of certain decisions by chief executive
- 209 Approved provider may apply for review of decision to give a compliance notice
- 210 Approved provider may apply for review of decision to revoke service waiver
Division 2 - Review by QCAT
- 211 Reviewable decisions
- 212 Chief executive or authorised officer must give notice after making reviewable decision
PART 8 - INFORMATION, RECORDS AND PRIVACY
Division 1 - Registers
- 213 Register of approved providers
- 214 Register of QEC approved services
Division 2 - Publication
- 215 Publication of information about providers and services
Division 3 - Confidentiality
Subdivision 1 - Requirements for persons involved in administering this Act
- 216 Duty of confidentiality
- 217 Recording, use or disclosure for authorised purpose
- 218 Disclosure to relevant entities in other jurisdictions
- 219 Reporting matters of concern to other departments
Subdivision 2 - Use and disclosure of URL data relating to approved kindergarten programs
- 220 Definitions for sdiv 2
- 221 Disclosure of URL data to chief executive and central governing bodies by relevant services
- 222 Use and disclosure of URL data by chief executive
- 223 Disclosure of URL data to Australian Bureau of Statistics and Australian Institute of Health and Welfare
- 224 Recording, use and disclosure of URL data by authorised officer of central governing body
PART 9 - LEGAL PROCEEDINGS
Division 1 - Evidence
- 225 Application of div 1
- 226 Appointments and authority
- 227 Signatures
- 228 Other evidentiary aids
Division 2 - Offence proceedings
- 229 Summary proceedings for offences
- 230 Statement of complainant’s knowledge
- 231 Responsibility for acts or omissions of representatives
- 232 Liability of executive officer—particular offences committed by corporation
- 233 Executive officer may be taken to have committed offence
- 234 Defence of exercising reasonable diligence to ensure compliance
- 235 Reasonable belief about person’s age
- 236 Emergencies
PART 10 - MISCELLANEOUS
Division 1 - Application of Working with Children (Risk Management and Screening) Act 2000
- 237 Application of Act to corporations
- 238 Pending working with children check application—corporate approved provider
239. (Repealed)
Division 2 - Other matters
- 240 Delegation by chief executive
- 241 Protecting prescribed persons from liability
- 242 Multiple holders of an approval
- 243 Approved forms
- 244 Regulation-making power
PART 11 - REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS
Division 1 - Repeal
- 245 Repeal of Child Care Act 2002
- 246 Definitions for div 2
- 247 Centre based service taken to be QEC approved service if licence not revoked or suspended
- 248 Centre based service for which licence suspended immediately before commencement
- 249 Centre based service for which licence subject to a show cause process immediately before commencement
- 250 Chief executive to issue copies of provider approvals and service approvals
- 251 Time within which supervisor and nominee must be appointed
- 252 Applications for a licence under the repealed Act
- 253 Person may apply to QCAT after commencement for decisions made under repealed Act
- 254 Applications to QCAT before commencement continue after commencement
- 255 Person may apply to chief executive for decisions about compliance notices made under repealed Act
- 256 Applications to chief executive about compliance notices before commencement
- 257 Persons authorised to receive, use and disclose URL data
- 258 Compliance notices in force under the repealed Act
- 259 Prohibition notices in force under the repealed Act
- 260 Information retention and sharing