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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

  • 4 Object

Division 3 - Guiding principles of Act

  • 5 Guiding principles

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

  • 11 Effect of approval

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

  • 136 Definitions for pt 6

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

Division 2 - Savings and transitionals for the Education and Care Services Act 2013

  • 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

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