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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Education and Care Services
Bill 2013
Queensland
Education and Care Services Bill 2013
Contents
Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2 Object of Act
4 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3 Guiding principles of Act
5 Guiding principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 4 Interpretation
6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
7 Meaning of regulated education and care . . . . . . . . . . . . . . . . . . 16
8 Meaning of Queensland education and care service . . . . . . . . . . 16
9 Meaning of stand-alone service . . . . . . . . . . . . . . . . . . . . . . . . . . 18
10 Meaning of mobile service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 2 Queensland provider approvals
Division 1 General
11 Effect of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2 Application for Queensland provider approval
12 Person may apply for Queensland provider approval. . . . . . . . . . 19
13 Chief executive must decide application. . . . . . . . . . . . . . . . . . . . 20
14 Applicant must be suitable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
15 Matters for deciding if an individual is suitable . . . . . . . . . . . . . . . 21
16 Chief executive may seek further information. . . . . . . . . . . . . . . . 22
17 Duration of provider approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
18 Form of provider approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Education and Care Services Bill 2013
Contents
19 Offence for approved provider not to comply with conditions of
approval ....................................... 23
Division 3 Reassessment of Queensland provider approval
20 Reassessment of suitability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 4 Amendment of Queensland provider approval
21 Amendment of provider approval on application . . . . . . . . . . . . . 24
22 Amendment of provider approval by chief executive . . . . . . . . . . 25
23 Urgent amendment of provider approval by chief executive. . . . . 26
24 Amended provider approval to be given to approved provider . . . 27
Division 5 Suspension or cancellation of Queensland provider
approval
25 Grounds for suspension of provider approval. . . . . . . . . . . . . . . . 27
26 Show cause notice before suspension of provider approval . . . . 28
27 Decision about suspension after show cause notice . . . . . . . . . . 28
28 Suspension of provider approval without show cause notice . . . . 29
29 Notice and taking effect of suspension. . . . . . . . . . . . . . . . . . . . . 29
30 Effect of suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
31 Grounds for cancellation of provider approval . . . . . . . . . . . . . . . 30
32 Show cause notice before cancellation of provider approval . . . . 31
33 Decision about cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
34 Effect of cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
35 Approved provider to give information to chief executive . . . . . . . 32
36 Approved provider to give notice to parents of suspension or
cancellation of provider approval . . . . . . . . . . . . . . . . . . . . . . . . . 33
37 Voluntary suspension of provider approval. . . . . . . . . . . . . . . . . . 34
38 Approved provider may surrender approval . . . . . . . . . . . . . . . . . 34
Division 6 Personal representatives as approved providers
39 Death of sole holder of provider approval . . . . . . . . . . . . . . . . . . 35
40 Death of joint holder of provider approval . . . . . . . . . . . . . . . . . . 37
Part 3 Queensland service approvals
Division 1 General
41 Effect of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
42 More than one approval or approval holder . . . . . . . . . . . . . . . . . 38
Division 2 Application for Queensland service approval
43 Approved provider may apply for service approval. . . . . . . . . . . . 39
44 Form of application for service approval. . . . . . . . . . . . . . . . . . . . 39
45 Chief executive must decide application for service approval . . . 40
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Education and Care Services Bill 2013
Contents
46 Chief executive may seek further information. . . . . . . . . . . . . . . . 41
47 Relevant matters for deciding application. . . . . . . . . . . . . . . . . . . 41
48 Grounds on which chief executive must refuse application . . . . . 42
49 Conditions of Queensland service approval . . . . . . . . . . . . . . . . . 42
50 Service capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
51 Emergency care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
52 Form of Queensland service approval . . . . . . . . . . . . . . . . . . . . . 45
53 Offence for approved provider not to comply with conditions of
Queensland service approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
54 Annual fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 3 Application for Queensland service approval in exceptional
circumstances
55 Application for new service approval in exceptional circumstances 46
56 Form of application for exceptional circumstances service approval 46
57 Chief executive must decide application. . . . . . . . . . . . . . . . . . . . 47
58 Chief executive may seek further information. . . . . . . . . . . . . . . . 47
59 Relevant matters for deciding application. . . . . . . . . . . . . . . . . . . 47
60 Conditions of exceptional circumstances service approval . . . . . 48
61 When exceptional circumstances service approval ends . . . . . . . 48
62 Approved provider to provide information to chief executive . . . . 49
63 Duration of temporary suspension of service approval of affected
premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
64 Application of other provisions of this Act to this division . . . . . . . 49
Division 4 Amendment of Queensland service approval
65 Amendment of service approval on application . . . . . . . . . . . . . . 50
66 Restrictions on amendment of service approval . . . . . . . . . . . . . 51
67 Amendment of service approval by chief executive . . . . . . . . . . . 51
68 Urgent amendment of service approval by chief executive . . . . . 52
69 Amended service approval to be given to approved provider. . . . 53
Division 5 Transfer of Queensland service approval
70 Transfer of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
71 Transfer of suspended service approval. . . . . . . . . . . . . . . . . . . . 54
72 Application for transfer to be dealt with as an application for a
service approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
73 Chief executive must decide application. . . . . . . . . . . . . . . . . . . . 54
74 Confirmation of transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
75 Notice to parents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
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Division 6 Suspension or cancellation of Queensland service approval
76 Grounds for suspension of service approval . . . . . . . . . . . . . . . . 56
77 Show cause notice before suspension of service approval . . . . . 57
78 Decision about suspension after show cause notice . . . . . . . . . . 57
79 Suspension of service approval without show cause notice. . . . . 58
80 Notice and taking effect of suspension. . . . . . . . . . . . . . . . . . . . . 58
81 Lifting of suspension. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
82 Grounds for cancellation of service approval . . . . . . . . . . . . . . . . 59
83 Show cause notice before cancellation of service approval . . . . . 59
84 Decision about cancellation of service approval . . . . . . . . . . . . . 60
85 Application for transfer of cancelled service approval . . . . . . . . . 60
86 Decision on application to transfer cancelled service. . . . . . . . . . 61
87 Approved provider to provide information to chief executive . . . . 61
88 Approved provider to give notice to parents of suspension or
cancellation of service approval . . . . . . . . . . . . . . . . . . . . . . . . . . 61
89 Voluntary suspension of service approval . . . . . . . . . . . . . . . . . . 62
90 Approved provider may surrender service approval . . . . . . . . . . . 63
Division 7 Chief executive to give information about disciplinary
action to children's commissioner
91 Chief executive to give information to children's commissioner
64
Division 8 Application for service waiver
92 Application for service waiver for QEC approved service. . . . . . . 66
93 Form of application for service waiver . . . . . . . . . . . . . . . . . . . . . 66
94 Chief executive may request information and inspect premises. . 66
95 Matters chief executive must consider for service waiver. . . . . . . 66
96 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
97 Revocation of service waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
98 Effect of service waiver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 9 Temporary waiver
99 Application for temporary waiver for QEC approved service . . . . 68
100 Form of application for temporary waiver . . . . . . . . . . . . . . . . . . . 68
101 Chief executive may request information and inspect premises. . 68
102 Matters chief executive must consider for temporary waiver . . . . 69
103 Decisions on application for temporary waiver . . . . . . . . . . . . . . . 69
104 Chief executive may extend temporary waiver on application . . . 69
105 Revocation of temporary waiver . . . . . . . . . . . . . . . . . . . . . . . . . . 69
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106 Effect of temporary waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Division 10 Offences
107 Person must not provide an education and care service without
service approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
108 Person must not advertise QEC service without service approval 70
Part 4 Conduct of QEC approved services
Division 1 General
109 Approved provider's overriding responsibility . . . . . . . . . . . . . . . . 71
Division 2 Staff members
Subdivision 1 Staffing requirements
110 Standard requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
111 Requirements applying to a service . . . . . . . . . . . . . . . . . . . . . . . 72
112 Rest periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
113 Supervisor for QEC approved service . . . . . . . . . . . . . . . . . . . . . 73
114 Appointment of nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
115 Purpose and effect of appointment of nominee . . . . . . . . . . . . . . 74
116 Presence of at least 2 adult staff members . . . . . . . . . . . . . . . . . 75
Subdivision 2 Qualifications, training and study
117 Certain unqualified person may fulfil requirement for qualified
person ......................................... 76
118 Defence of relying on evidence of qualifications, training or study 76
119 Evidence of staff qualifications or enrolment . . . . . . . . . . . . . . . . 77
Division 3 Other requirements
120 Required programs for children . . . . . . . . . . . . . . . . . . . . . . . . . . 78
121 Children must be adequately supervised . . . . . . . . . . . . . . . . . . . 79
122 Children must be protected from harm and hazards . . . . . . . . . . 79
123 Display of prescribed information . . . . . . . . . . . . . . . . . . . . . . . . . 79
124 Failure to notify chief executive of certain changes . . . . . . . . . . . 80
125 Failure to notify chief executive of intention to transfer service
approval ........................................ 80
126 Failure to notify chief executive of change in suitability to operate
QEC service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
127 Failure to report serious incident or complaint . . . . . . . . . . . . . . . 81
Division 4 Records
128 Failure to retain records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
129 Access to records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
130 Confidentiality of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
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131 Record keeping obligations when person stops being approved
provider ....................................... 84
Part 5 Stand-alone services
132 Person involved in conduct of, or provision of care for, stand-alone
service must be an adult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
133 Suitability of other persons in home where stand-alone service
operates ....................................... 85
134 Maximum number of children receiving care . . . . . . . . . . . . . . . . 85
135 Person must not conduct stand-alone service without insurance. 86
Part 6 Monitoring and enforcement
Division 1 Interpretation
136 Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Division 2 General provisions about authorised officers
Subdivision 1 Functions and appointment
137 Functions of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . 89
138 Appointment of authorised officer. . . . . . . . . . . . . . . . . . . . . . . . . 89
139 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Subdivision 2 Identity cards
140 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
141 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 90
Subdivision 3 Miscellaneous provisions
142 References to exercise of powers . . . . . . . . . . . . . . . . . . . . . . . . 90
143 Reference to document includes reference to reproductions from
electronic document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Division 3 Entry of places by authorised officers
Subdivision 1 Power to enter
144 General power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Subdivision 2 Entry by consent
145 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
146 Incidental entry to ask for access . . . . . . . . . . . . . . . . . . . . . . . . . 92
147 Matters authorised officer must tell occupier . . . . . . . . . . . . . . . . 93
148 Consent acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Subdivision 3 Entry under warrant
149 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
150 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
151 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
152 Additional procedure if electronic application . . . . . . . . . . . . . . . . 96
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153 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
154 Entry procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
155 Entering a home and preserving privacy . . . . . . . . . . . . . . . . . . . 98
Subdivision 4 General powers of authorised officers after entering places
156 Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
157 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
158 Power to require reasonable help. . . . . . . . . . . . . . . . . . . . . . . . . 100
159 Offence to contravene help requirement . . . . . . . . . . . . . . . . . . . 100
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
161 Seizing evidence at a place that may be entered only with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
162 Seizure of property subject to security . . . . . . . . . . . . . . . . . . . . . 102
Subdivision 2 Powers to support seizure
163 Requirement of person in control of thing to be seized . . . . . . . . 102
164 Offence to contravene seizure requirement . . . . . . . . . . . . . . . . . 103
165 Power to secure seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
166 Offence to contravene other seizure requirement . . . . . . . . . . . . 104
167 Offence to interfere. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Subdivision 3 Safeguards for seized things
168 Receipt and information notice for seized thing . . . . . . . . . . . . . . 104
169 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
170 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Subdivision 4 Forfeiture
171 Forfeiture by chief executive decision. . . . . . . . . . . . . . . . . . . . . . 107
172 Information notice about forfeiture decision . . . . . . . . . . . . . . . . . 107
Subdivision 5 Dealing with property forfeited or transferred to State
173 When thing becomes property of the State . . . . . . . . . . . . . . . . . 108
174 How property may be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Division 5 Other information-obtaining powers
175 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 109
176 Offence to contravene personal details requirement . . . . . . . . . . 109
177 Power to require evidence of age, name and address of person
suspected of being underage carer . . . . . . . . . . . . . . . . . . . . . . . 110
178 Power to require production of document. . . . . . . . . . . . . . . . . . . 111
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179 Offence to contravene document production requirement . . . . . . 112
180 Offence to contravene document certification requirement . . . . . 113
181 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
182 Offence to contravene information requirement . . . . . . . . . . . . . . 115
Division 6 Miscellaneous provisions relating to authorised officers
Subdivision 1 Damage
183 Duty to avoid inconvenience and minimise damage. . . . . . . . . . . 115
184 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Subdivision 2 Compensation
185 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Subdivision 3 Other offences relating to authorised officers
186 Giving authorised officer false or misleading information . . . . . . . 117
187 Obstructing authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
188 Impersonating authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 118
Subdivision 4 Other provisions
189 Evidential immunity for individuals complying with particular
requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Division 7 Monitoring suitability of relevant persons
190 Suitability of persons in home in which stand-alone education
and care is provided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
191 Chief executive may obtain information about suitability checks . 120
192 Notification that an occupant is a disqualified person . . . . . . . . . 122
Division 8 Compliance
Subdivision 1 Compliance notices
193 Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
194 Compliance with Building Act requirements for QEC approved
service ........................................ 123
Subdivision 2 Emergency action notices
195 Emergency action notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Subdivision 3 Prohibition notices
196 Basis for giving a prohibition notice . . . . . . . . . . . . . . . . . . . . . . . 125
197 Show cause notice to be given before prohibition notice . . . . . . . 125
198 Deciding whether to issue prohibition notice . . . . . . . . . . . . . . . . 125
199 Content of prohibition notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
200 Chief executive must give notice to children's commissioner . . . . 126
201 Cancellation of prohibition notice . . . . . . . . . . . . . . . . . . . . . . . . . 128
202 Person must not contravene prohibition notice under this Act . . . 129
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203 Approved provider must not engage person to whom prohibition
notice applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
Division 9 Publication about enforcement action
204 Compliance and enforcement information . . . . . . . . . . . . . . . . . . 130
205 When information about enforcement action may be published. . 132
206 Period of publication of information . . . . . . . . . . . . . . . . . . . . . . . 133
Division 10 Periodic review of QEC approved services
207 Chief executive must undertake 3-yearly inspection of QEC
approved service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
208 Procedure for 3-yearly inspection. . . . . . . . . . . . . . . . . . . . . . . . . 135
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
210 Approved provider may apply for review of decision to revoke
service waiver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Division 2 Review by QCAT
211 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
212 Chief executive or authorised officer must give notice after
making reviewable decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Part 8 Information, records and privacy
Division 1 Registers
213 Register of approved providers . . . . . . . . . . . . . . . . . . . . . . . . . . 140
214 Register of QEC approved services . . . . . . . . . . . . . . . . . . . . . . . 140
Division 2 Publication
215 Publication of information about providers and services . . . . . . . 141
Division 3 Confidentiality
Subdivision 1 Requirements for persons involved in administering this
Act
216 Duty of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
217 Recording, use or disclosure for authorised purpose. . . . . . . . . . 143
218 Disclosure to relevant entities in other jurisdictions . . . . . . . . . . . 144
219 Reporting matters of concern to other departments . . . . . . . . . . 144
Subdivision 2 Use and disclosure of URL data relating to approved
kindergarten programs
220 Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
221 Disclosure of URL data to chief executive and central governing
bodies by relevant services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
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222 Use and disclosure of URL data by chief executive . . . . . . . . . . . 148
223 Disclosure of URL data to Australian Bureau of Statistics and
Australian Institute of Health and Welfare . . . . . . . . . . . . . . . . . . 148
224 Recording, use and disclosure of URL data by authorised officer
of central governing body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Part 9 Legal proceedings
Division 1 Evidence
225 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
226 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
227 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
228 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
Division 2 Offence proceedings
229 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . 151
230 Statement of complainant's knowledge . . . . . . . . . . . . . . . . . . . . 152
231 Responsibility for acts or omissions of representatives . . . . . . . . 152
232 Liability of executive officer--particular offences committed by
corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
233 Executive officer may be taken to have committed offence . . . . . 154
234 Defence of exercising reasonable diligence to ensure
compliance ................................... 155
235 Reasonable belief about person's age . . . . . . . . . . . . . . . . . . . . . 155
236 Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Part 10 Miscellaneous
Division 1 Application of Commission for Children and Young People
and Child Guardian Act 2000
237 Application of Act to corporations. . . . . . . . . . . . . . . . . . . . . . . . . 156
238 Pending application for a prescribed notice or exemption
notice--corporate approved provider . . . . . . . . . . . . . . . . . . . . . . 156
239 Applications for prescribed notices or exemption notices by
occupants of homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
Division 2 Other matters
240 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
241 Protecting prescribed persons from liability . . . . . . . . . . . . . . . . . 158
242 Multiple holders of an approval. . . . . . . . . . . . . . . . . . . . . . . . . . . 159
243 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
244 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Page 10
Education and Care Services Bill 2013
Contents
Part 11 Repeal, savings and transitional provisions
Division 1 Repeal
245 Repeal of Child Care Act 2002. . . . . . . . . . . . . . . . . . . . . . . . . . . 161
Division 2 Savings and transitionals for the Education and Care
Services Act 2013
246 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
247 Centre based service taken to be QEC approved service if
licence not revoked or suspended . . . . . . . . . . . . . . . . . . . . . . . . 161
248 Centre based service for which licence suspended immediately
before commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
249 Centre based service for which licence subject to a show cause
process immediately before commencement . . . . . . . . . . . . . . . . 163
250 Chief executive to issue copies of provider approvals and service
approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
251 Time within which supervisor and nominee must be appointed . . 164
252 Applications for a licence under the repealed Act . . . . . . . . . . . . 164
253 Person may apply to QCAT after commencement for decisions
made under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
254 Applications to QCAT before commencement continue after
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
255 Person may apply to chief executive for decisions about
compliance notices made under repealed Act . . . . . . . . . . . . . . 165
256 Applications to chief executive about compliance notices before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
257 Persons authorised to receive, use and disclose URL data . . . . . 166
258 Compliance notices in force under the repealed Act . . . . . . . . . . 166
259 Prohibition notices in force under the repealed Act . . . . . . . . . . . 166
260 Information retention and sharing. . . . . . . . . . . . . . . . . . . . . . . . . 167
Part 12 Amendment of Commission for Children and Young People
and Child Guardian Act 2000
261 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
262 Omission of s 163 (What is employment in child care). . . . . . . . . 168
263 Amendment of s 368 (QCAT's principal registrar to give statistical
information to commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
264 Replacement of sch 1, pt 1, s 4 . . . . . . . . . . . . . . . . . . . . . . . . . . 168
4 Education and care services and similar employment 168
265 Replacement of sch 1, pt 1, s 4A . . . . . . . . . . . . . . . . . . . . . . . . . 169
4A Child care and similar employment . . . . . . . . . . . . . . 169
266 Replacement of sch 1, pt 2, s 18 . . . . . . . . . . . . . . . . . . . . . . . . . 170
Page 11
Education and Care Services Bill 2013
Contents
18 Education and care services and similar businesses. 170
267 Replacement of sch 1, pt 2, s 18A . . . . . . . . . . . . . . . . . . . . . . . . 170
18A Child care services and similar businesses . . . . . . . . 171
268 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 171
Part 13 Consequential amendments
269 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
Schedule 1 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 174
Part 1 Amendment of this Act
Part 2 Amendment of other legislation
Child Protection Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
Child Protection (Offender Prohibition Order) Act 2008 . . . . . . . . 175
Commonwealth Powers (Family Law--Children) Act 1990 . . . . . 176
Dangerous Prisoners (Sexual Offenders) Act 2003 . . . . . . . . . . . 176
Education (Accreditation of Non-State Schools) Act 2001 . . . . . . 177
Education and Care Services National Law (Queensland) Act 2011 177
Education (General Provisions) Act 2006. . . . . . . . . . . . . . . . . . . 178
Education (Queensland Studies Authority) Act 2002 . . . . . . . . . . 180
Gaming Machine Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
Public Health Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
Page 12
2013
A Bill
for
An Act to regulate the provision of education and care by
particular services, amend this Act and the Commission for
Children and Young People and Child Guardian Act 2000 for
particular purposes and make consequential and minor
amendments to other legislation stated in schedule 1
Education and Care Services Bill 2013
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Note-- 3
To ensure the greatest possible harmonisation for education and care 4
services for children, this Act follows the Education and Care Services 5
National Law (Queensland) for a number of its provisions. Accordingly, 6
this Act is not entirely consistent with Queensland's current drafting 7
style. 8
Division 1 Introduction 9
1 Short title 10
This Act may be cited as the Education and Care Services Act 11
2013. 12
2 Commencement 13
This Act commences on a day to be fixed by proclamation. 14
3 Act binds all persons 15
(1) This Act binds all persons, including the State and, to the 16
extent the legislative power of the Parliament permits, the 17
Commonwealth and the other States. 18
(2) Nothing in this Act makes the State liable to be prosecuted for 19
an offence. 20
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Education and Care Services Bill 2013
Part 1 Preliminary
[s 4]
Division 2 Object of Act 1
4 Object 2
(1) The object of this Act is to ensure the safety, health and 3
wellbeing of children attending a Queensland education and 4
care service. 5
(2) The ways in which the object is to be achieved include-- 6
(a) establishing a provider approval and service approval 7
system for Queensland education and care services; and 8
(b) regulating the way stand-alone services are conducted; 9
and 10
(c) setting standards for persons who provide education and 11
care for children. 12
Division 3 Guiding principles of Act 13
5 Guiding principles 14
(1) Queensland approved education and care services are to be 15
conducted under the following principles-- 16
(a) the best interests of a child are the paramount concern; 17
(b) education and care should be provided to a child in a 18
way that-- 19
(i) protects the child from harm; and 20
(ii) respects the child's dignity and privacy; and 21
(iii) promotes the child's health and wellbeing; and 22
(iv) provides positive experiences for the child; 23
(c) education and care should be provided to a child in a 24
way that stimulates and develops the child's creative, 25
emotional, intellectual, lingual, physical, recreational, 26
and social potential; 27
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Education and Care Services Bill 2013
Part 1 Preliminary
[s 6]
(d) parents have the primary responsibility for the 1
upbringing, protection and development of children, and 2
should be supported in that role; 3
(e) education and care should be planned and provided in a 4
way that-- 5
(i) involves parents and other members of the 6
community; and 7
(ii) reflects the multicultural and multilingual nature of 8
the community. 9
(2) Stand-alone services are to be operated in a way that protects 10
a child from harm and promotes the child's health and 11
wellbeing. 12
Division 4 Interpretation 13
6 Definitions 14
The dictionary in schedule 2 defines particular words used in 15
this Act. 16
7 Meaning of regulated education and care 17
Regulated education and care is education and care provided 18
to a child-- 19
(a) by someone other than a relative or guardian of the 20
child; and 21
(b) at a place other than the child's home; and 22
(c) for reward; and 23
(d) in the course of a service for regularly providing 24
education and care of children. 25
8 Meaning of Queensland education and care service 26
(1) A Queensland education and care service or QEC service is 27
a service for providing regulated education and care of 28
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Education and Care Services Bill 2013
Part 1 Preliminary
[s 8]
children under 13 years of age but does not include any of the 1
following services-- 2
(a) an approved education and care service under the 3
Education and Care Services National Law 4
(Queensland); 5
(b) a service, for providing primary, secondary or special 6
education, conducted by a school; 7
(c) a service principally conducted to provide-- 8
(i) regulated education and care to patients in a 9
hospital or patients in a medical or therapeutic care 10
service; or 11
(ii) residential facilities; or 12
(iii) instruction in a particular activity, including, for 13
example, dance, music or a sport; or 14
(iv) tutoring, coaching or religious instruction; or 15
(v) a recreational activity, including, for example, a 16
camp or party; 17
Examples for paragraph (c)-- 18
hospital, boarding facility for school students, dance academy, 19
sporting club, Sunday school, scout group 20
(d) a service for which, usually, the children to whom care 21
is provided are entirely or mostly different on each 22
occasion the care is provided; 23
Example for paragraph (d)-- 24
a service, conducted by a hotel or resort, to provide child care to 25
children who are short-term guests 26
(e) a service in which the only education and care provided 27
is-- 28
(i) holiday care; or 29
(ii) adjunct care; 30
(f) a service that is, under the Child Protection Act 1999, a 31
licensed care service, departmental care service or 32
service provided as an approved carer; 33
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Education and Care Services Bill 2013
Part 1 Preliminary
[s 9]
(g) a mobile service; 1
(h) a service prescribed under a regulation. 2
(2) To remove any doubt, it is declared that a service may be a 3
Queensland education and care service even though it is-- 4
(a) an associated children's service under the Education and 5
Care Services National Law (Queensland); or 6
(b) conducted by an entity that also carries on a school; or 7
(c) conducted at premises at which a school is also carried 8
on. 9
9 Meaning of stand-alone service 10
A stand-alone service is a QEC service that-- 11
(a) is not a QEC approved service; and 12
(b) is not a service in which education and care is regularly 13
provided to more than 6 children under the age of 13 at 14
the same time. 15
10 Meaning of mobile service 16
(1) A mobile service is a service that-- 17
(a) provides education and care to children who are not 18
school children; and 19
(b) transports equipment and material or staff from one or 20
more locations on each occasion that the service is 21
provided. 22
(2) However, a service is not a mobile service if it is one of a 23
number of services, with a common Queensland approved 24
provider, that may use common equipment at separate 25
premises on separate occasions, where there is a separate 26
Queensland service approval in place for each premises. 27
Page 18
Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 11]
Part 2 Queensland provider approvals 1
Division 1 General 2
11 Effect of approval 3
A Queensland provider approval authorises the Queensland 4
approved provider to operate a QEC service for which the 5
approved provider holds a Queensland service approval. 6
Division 2 Application for Queensland 7
provider approval 8
12 Person may apply for Queensland provider approval 9
(1) A person may apply to the chief executive for a Queensland 10
provider approval. 11
(2) The application must be in the approved form and 12
accompanied by any fee prescribed under a regulation. 13
(3) The application may be made by more than one person. 14
(4) If an application is made by more than one person-- 15
(a) the information required must be provided for each 16
person; and 17
(b) one address only must be provided for the persons; and 18
(c) the requirements of this division must be complied with 19
by each person. 20
(5) The applicant also must provide any other relevant 21
information reasonably required by the chief executive under 22
section 16. 23
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Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 13]
13 Chief executive must decide application 1
(1) The chief executive must decide the application by granting, 2
or refusing to grant, the approval. 3
Note-- 4
See section 211 (Reviewable decisions). 5
(2) The chief executive may grant the approval on conditions the 6
chief executive considers appropriate. 7
(3) If the chief executive does not decide the application within 8
the required period after receiving the application and fee, the 9
application is taken to have been refused. 10
(4) In this section-- 11
required period, for deciding an application, means-- 12
(a) the period of 60 days-- 13
(i) starting the day after the application and fee are 14
given to the chief executive; but 15
(ii) if the chief executive asks for information under 16
section 16--not including the period starting the 17
day after the chief executive asks for the 18
information until the day the applicant gives the 19
information to the chief executive; or 20
(b) any period, ending up to 30 days after the end of the 21
period under paragraph (a), agreed to between the chief 22
executive and the applicant. 23
14 Applicant must be suitable 24
The chief executive must not grant the provider approval 25
unless the chief executive is satisfied-- 26
(a) the applicant is a suitable person to operate a QEC 27
service; and 28
(b) for an applicant that is a corporation--each person who 29
will be a person with management or control of a QEC 30
service operated by the applicant is a suitable person to 31
be involved in the operation of a QEC service. 32
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Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 15]
15 Matters for deciding if an individual is suitable 1
(1) An individual is not a suitable person to operate. or to be 2
involved in the operation of, a QEC service unless the 3
individual-- 4
(a) has a current positive notice; or 5
(b) has a current positive exemption notice; or 6
(c) is the subject of an application for an exemption notice. 7
Note-- 8
See also the Commissioner's Act, schedule 1, section 18. 9
(2) Subsection (1) applies subject to section 238. 10
(3) An individual is not a suitable person to operate a QEC 11
service if a prohibition notice is in force for the individual. 12
(4) Other matters that the chief executive must consider in 13
deciding a person's suitability to operate a QEC service 14
include the following-- 15
(a) any contravention by the person of a provision of this 16
Act, the repealed Act or the Education and Care 17
Services National Law (Queensland), whether or not the 18
contravention constituted an offence; 19
(b) any previous refusal of an application by the person for 20
a child-related authority or for renewal of a child-related 21
authority, or a suspension or cancellation of a 22
child-related authority held by the person; 23
(c) the person's involvement in the operation of an entity so 24
far as the operation relates to a matter mentioned in 25
paragraph (a) or (b). 26
Example for paragraph (c)-- 27
the person's involvement, as a director of a company, in the 28
committing of an offence against this Act by the company 29
(5) In this section-- 30
child-related authority means-- 31
(a) an approval under this Act; or 32
Page 21
Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 16]
(b) a licence under the repealed Child Care Act 2002 or the 1
repealed Child Care Act 1991; or 2
(c) a provider approval, service approval or supervisor 3
certificate under the Education and Care Services 4
National Law (Queensland); or 5
(d) a licence, authority or permit, under a law of 6
Queensland or another jurisdiction, to carry out an 7
activity involving children. 8
operate, in relation to a service, includes be involved in the 9
operation of the service. 10
16 Chief executive may seek further information 11
For deciding whether an applicant is a suitable person to 12
operate a QEC service the chief executive may-- 13
(a) ask the person to provide other relevant information the 14
chief executive reasonably requires to decide the 15
application; or 16
(b) undertake enquiries in relation to the person. 17
17 Duration of provider approval 18
A provider approval has effect until it is cancelled or 19
surrendered under this Act. 20
18 Form of provider approval 21
(1) If the chief executive grants a provider approval, the chief 22
executive must give a copy of the approval to the approved 23
provider. 24
(2) The provider approval must state-- 25
(a) the approved provider's name; and 26
(b) for an approval held by an individual--the individual's 27
address; and 28
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Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 19]
(c) for an approval held by more than one person--the 1
address for service stated in the application for a 2
provider approval; and 3
(d) for an approval held by a corporation--the address of 4
the approved provider's registered office; and 5
(e) any conditions applying to the approval; and 6
(f) the day on which the approval was granted; and 7
(g) the provider approval number; and 8
(h) any other matters prescribed under a regulation. 9
19 Offence for approved provider not to comply with 10
conditions of approval 11
An approved provider must comply with the conditions 12
applying to a provider approval. 13
Maximum penalty--100 penalty units. 14
Division 3 Reassessment of Queensland 15
provider approval 16
20 Reassessment of suitability 17
(1) The chief executive may at any time reassess-- 18
(a) whether an approved provider continues to be a suitable 19
person to operate a QEC service; or 20
(b) whether a person with management or control of a QEC 21
service operated by an approved provider continues to 22
be a suitable person to be involved in the operation of a 23
QEC service; or 24
(c) whether a person who becomes a person with 25
management or control of a QEC service operated by an 26
approved provider after the grant of the provider 27
approval is a suitable person to be involved in the 28
provision of a QEC service. 29
Page 23
Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 21]
(2) Sections 15 and 16 apply to the reassessment. 1
Division 4 Amendment of Queensland 2
provider approval 3
21 Amendment of provider approval on application 4
(1) An approved provider may apply to the chief executive for an 5
amendment of the provider's provider approval, including an 6
amendment to remove a person from, or add a person to, the 7
approval. 8
(2) The application must be in the approved form and 9
accompanied by any fee prescribed under a regulation. 10
(3) The applicant also must provide any other relevant 11
information reasonably required by the chief executive to 12
decide the application. 13
(4) The chief executive must decide the application by-- 14
(a) amending the approval in the way applied for; or 15
(b) with the applicant's written agreement, amending the 16
approval in another way; or 17
(c) refusing to amend the approval. 18
Note-- 19
See section 211(Reviewable decisions). 20
(5) However, if an application under this section is to add a 21
person to a provider approval, the chief executive may grant 22
the approval only if the chief executive is satisfied the person 23
is a suitable person to operate a QEC service having regard to 24
the matters stated in section 15. 25
(6) Also, without limiting subsection (4), an amendment may 26
vary a condition of the approval or impose a new condition on 27
the approval. 28
(7) If the chief executive does not decide the application within 29
the required period after receiving the application and fee, the 30
application is taken to have been refused. 31
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Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 22]
(8) In this section-- 1
required period, for deciding an application, means the period 2
of 30 days-- 3
(a) starting the day after the application and fee are given to 4
the chief executive; but 5
(b) if the chief executive asks for information under 6
subsection (3)--not including the period starting the day 7
after the chief executive asks for the information until 8
the day the applicant gives the information to the chief 9
executive. 10
22 Amendment of provider approval by chief executive 11
(1) The chief executive may amend a provider approval at any 12
time without receiving an application from the approved 13
provider for the amendment. 14
Example-- 15
The chief executive may change a condition of the approval or impose a 16
new condition. 17
(2) However, the chief executive must first give the approved 18
provider a notice (a show cause notice) stating-- 19
(a) that the chief executive proposes to amend the provider 20
approval; and 21
(b) the proposed amendment; and 22
(c) the reasons for the proposed amendment; and 23
(d) that the approved provider may, within a stated time of 24
at least 30 days, give the chief executive a written 25
response to the proposed amendment. 26
(3) After considering any response from the approved provider 27
within the time stated in the show cause notice, the chief 28
executive may make some or all of the proposed amendment. 29
Note-- 30
See section 211(Reviewable decisions). 31
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Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 23]
(4) If the chief executive decides not to amend the provider 1
approval, the chief executive must give the approved provider 2
notice of the decision. 3
(5) At the approved provider's written request, or with the 4
approved provider's written agreement, the chief executive 5
may-- 6
(a) amend a provider approval without giving a show cause 7
notice; or 8
(b) amend a provider approval in a way that has not been 9
stated in a show cause notice; or 10
(c) amend a provider approval before the expiration of the 11
time stated in a show cause notice for the approved 12
provider's response to the proposed amendment. 13
(6) An amendment under this section has effect 14 days after the 14
chief executive gives notice of the amendment to the approved 15
provider or at any later time stated in the notice. 16
23 Urgent amendment of provider approval by chief 17
executive 18
(1) This section applies if the chief executive is reasonably 19
satisfied, in the interests of the safety, health and wellbeing of 20
children being provided with education and care under a 21
provider approval, it is necessary to immediately amend the 22
approval. 23
(2) The chief executive may immediately amend the provider 24
approval without complying with section 22. 25
(3) As soon as practicable after amending the approval, the chief 26
executive must give notice of the amendment to the approved 27
provider. 28
(4) The notice must state the reasons for the amendment. 29
(5) The amendment has effect for the period, of not more than 60 30
days, stated in the notice. 31
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Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 24]
24 Amended provider approval to be given to approved 1
provider 2
As soon as practicable after amending a provider approval 3
under this division, the chief executive must-- 4
(a) give an amended copy of the approval to the approved 5
provider; and 6
(b) if any consequential amendment is required to a service 7
approval--amend the service approval and give an 8
amended copy to the approved provider. 9
Division 5 Suspension or cancellation of 10
Queensland provider approval 11
25 Grounds for suspension of provider approval 12
The chief executive may suspend a provider approval if-- 13
(a) the approved provider has been charged with an 14
indictable offence; or 15
(b) the approved provider has failed to comply with a 16
condition of the provider approval; or 17
(c) action is being taken under a compliance notice, 18
prohibition notice or an emergency action notice for a 19
QEC approved service operated by the approved 20
provider; or 21
(d) the approved provider has not operated a QEC approved 22
service for a period of more than 12 months including 23
any period of suspension; or 24
(e) the approved provider purported to transfer or receive a 25
transfer of a QEC approved service without the chief 26
executive's consent; or 27
(f) the approved provider has not paid any outstanding fee 28
prescribed under a regulation; or 29
(g) the approved provider is contravening, or has 30
contravened, the Commissioner's Act in relation to the 31
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Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 26]
engagement of a staff member of the QEC approved 1
service; or 2
(h) the chief executive is satisfied the approved provider's 3
premises for providing education and care are unsafe or 4
unsuitable; or 5
(i) the approved provider has failed to comply with a notice 6
given under section 194; or 7
(j) the chief executive is satisfied the approved provider, or 8
a person with management or control of a QEC 9
approved service operated by the approved provider, 10
may not be a suitable person to be involved in the 11
provision of a QEC approved service. 12
26 Show cause notice before suspension of provider 13
approval 14
(1) This section applies if the chief executive is proposing to 15
suspend a provider approval. 16
(2) The chief executive must first give the approved provider a 17
notice (a show cause notice) stating the following-- 18
(a) that the chief executive proposes to suspend the provider 19
approval; 20
(b) the proposed period of suspension; 21
(c) the reasons for the proposed suspension; 22
(d) that the approved provider may, within 30 days after the 23
notice is given, give the chief executive a written 24
response to the proposed suspension. 25
27 Decision about suspension after show cause notice 26
After considering any written response from the approved 27
provider received within the period mentioned in section 28
26(2)(d), the chief executive may-- 29
(a) suspend the provider approval for a period of not more 30
than 12 months; or 31
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Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 28]
(b) decide not to suspend the provider approval. 1
28 Suspension of provider approval without show cause 2
notice 3
(1) This section applies if the chief executive is satisfied there is 4
an immediate risk to the safety, health or wellbeing of a child 5
or children being educated and cared for by a QEC approved 6
service operated by an approved provider. 7
(2) The chief executive may suspend the approved provider's 8
provider approval on a ground mentioned in section 25 9
without giving the approved provider a show cause notice 10
under section 26. 11
(3) The suspension may not be for a period of more than 6 12
months. 13
29 Notice and taking effect of suspension 14
(1) The chief executive must give the approved provider notice of 15
the decision to suspend the provider approval. 16
(2) The notice of a decision to suspend must set out the period of 17
suspension and the date on which it takes effect. 18
(3) The decision under section 27 to suspend takes effect at the 19
end of 14 days after the date of the decision, or, if a longer 20
period is stated by the chief executive, at the end of that 21
period. 22
(4) The decision under section 28 to suspend takes effect on the 23
giving of the notice. 24
Note-- 25
See section 211 (Reviewable decisions). 26
30 Effect of suspension 27
(1) Subject to this section, if a provider approval is suspended 28
under section 27 or 28, all service approvals held by the 29
provider are also suspended for the same period. 30
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Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 31]
(2) A person whose provider approval is suspended is taken not to 1
be an approved provider for the period of the suspension. 2
(3) The approved provider may apply in the approved form under 3
part 3, division 5 for the transfer of a service approval that is 4
suspended under section 27 or 28. 5
(4) The suspension of the service approval ceases on the transfer 6
taking effect, unless the conditions imposed by the chief 7
executive on the consent to the transfer state a later date. 8
31 Grounds for cancellation of provider approval 9
The chief executive may cancel a provider approval if-- 10
(a) the chief executive is satisfied the approved provider, or 11
a person with management or control of a QEC 12
approved service operated by the approved provider, is 13
not a suitable person to be involved in the provision of a 14
QEC approved service; or 15
(b) the chief executive is satisfied the continued provision 16
of education and care by the approved provider would 17
constitute an unacceptable risk to the safety, health or 18
wellbeing of any child or class of children being 19
educated and cared for by a QEC approved service 20
operated by the provider; or 21
(c) the approved provider has been found guilty of an 22
indictable offence; or 23
(d) the approved provider has been found guilty of an 24
offence under this Act; or 25
(e) the chief executive is satisfied the approved provider's 26
premises for providing education and care are unsafe or 27
unsuitable; or 28
(f) the approved provider has failed to comply with a notice 29
given under section 194; or 30
(g) the approved provider has breached a condition of the 31
provider approval; or 32
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Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 32]
(h) the approved provider has not operated any QEC 1
approved service for more than 12 months (including 2
any period of suspension). 3
32 Show cause notice before cancellation of provider 4
approval 5
(1) This section applies if the chief executive is proposing to 6
cancel a provider approval under section 31. 7
(2) The chief executive must first give the approved provider a 8
notice (a show cause notice) stating-- 9
(a) that the chief executive proposes to cancel the provider 10
approval; and 11
(b) the reasons for the proposed cancellation; and 12
(c) that the approved provider may, within 30 days after the 13
notice is given, give the chief executive a written 14
response to the proposed cancellation. 15
33 Decision about cancellation 16
(1) After considering any written response from the approved 17
provider received within the time allowed under section 18
32(2)(c), the chief executive-- 19
(a) may-- 20
(i) cancel the provider approval; or 21
(ii) suspend the provider approval for a period not 22
more than the prescribed period; or 23
(iii) decide not to cancel the provider approval; and 24
(b) must give the approved provider notice of the decision. 25
(2) The decision to cancel the provider approval takes effect at the 26
end of 14 days after the date of the decision or, if a longer 27
period is stated by the chief executive, at the end of that 28
period. 29
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Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 34]
(3) The notice of a decision to cancel or suspend the provider 1
approval must state the date on which it takes effect. 2
(4) This Act applies to a suspension of a provider approval under 3
this section as if it were a suspension under section 27. 4
34 Effect of cancellation 5
(1) Subject to this section, if a provider approval is cancelled 6
under section 33, all service approvals held by the person who 7
was the approved provider are also cancelled. 8
(2) A provider whose provider approval is to be cancelled under 9
section 33 may apply to the chief executive under part 3, 10
division 5 for consent to transfer a service approval held by 11
the provider. 12
(3) The application for consent to transfer must be made within 13
14 days after the date of the decision to cancel the provider 14
approval is made. 15
(4) If an application for consent to transfer is made, the service 16
approval is suspended until the chief executive decides the 17
application. 18
(5) The suspension of the service approval ceases on the transfer 19
taking effect, unless the conditions of the transfer state a later 20
date. 21
(6) If the chief executive refuses to consent to the transfer, the 22
service approval is cancelled on the making of the decision to 23
refuse consent. 24
35 Approved provider to give information to chief executive 25
(1) This section applies if a show cause notice has been given to 26
an approved provider under section 26 or 32. 27
(2) The approved provider, at the request of the chief executive, 28
must, within 7 days of the request, provide the chief executive 29
with the contact details of the parents of all children enrolled 30
at each QEC approved service operated by the approved 31
provider. 32
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Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 36]
(3) The chief executive may use the information provided under 1
subsection (2) only to notify the parents of children enrolled at 2
a QEC approved service about the suspension or cancellation. 3
36 Approved provider to give notice to parents of 4
suspension or cancellation of provider approval 5
(1) This section applies if the chief executive gives a notice to an 6
approved provider suspending or cancelling the provider 7
approval under section 27, 28 or 33. 8
(2) The approved provider must comply with this section, unless 9
the provider has a reasonable excuse. 10
Maximum penalty--5 penalty units. 11
(3) As soon as practicable after receiving the notice, the approved 12
provider must give notice of the suspension or cancellation to 13
a parent of each child to whom education and care is regularly 14
provided in the course of the QEC service. 15
(4) A notice given under subsection (3) must include the reasons 16
given in the chief executive's notice for cancelling or 17
suspending the provider approval. 18
(5) Subsection (3) does not apply in relation to a parent, guardian 19
or carer who the provider can not locate after making 20
reasonable enquiries. 21
(6) If an approved provider's provider approval is suspended, the 22
provider must display a notice at the QEC service, for the 23
period of the suspension, stating that the approval has been 24
suspended. 25
(7) If an approved provider's provider approval is cancelled, the 26
provider must display a notice at the QEC service, until at 27
least the day on which the cancellation takes effect, stating 28
that the approval has been cancelled. 29
(8) A regulation may make provision about a notice given or 30
displayed under this section, including, for example-- 31
(a) what the notice must state; and 32
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Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 37]
(b) the size or other requirements of the writing on the 1
notice. 2
37 Voluntary suspension of provider approval 3
(1) An approved provider may apply to the chief executive for a 4
suspension of the provider approval for a period of not more 5
than 12 months. 6
(2) The application must be in the approved form and be 7
accompanied by the prescribed fee. 8
(3) The approved provider must, at least 14 days before making 9
an application under this section, notify the parents of 10
children enrolled at the QEC service operated by the approved 11
provider of the intention to make the application. 12
(4) The chief executive must, within 30 days after the application 13
is made, decide whether or not to grant the application. 14
(5) The chief executive may grant the application only if the 15
suspension is reasonable in all the circumstances. 16
(6) The chief executive must give notice of its decision, including 17
the period of suspension, to the approved provider. 18
(7) If the chief executive decides to grant the application, the 19
suspension takes effect on a date agreed between the chief 20
executive and the approved provider. 21
(8) A suspension under this section remains in force for the 22
period of time stated in the notice. 23
(9) The approved provider may apply to the chief executive to 24
revoke the suspension before the end of the suspension period. 25
(10) If the chief executive grants the application to revoke the 26
suspension, the suspension ends on the date determined by 27
agreement with the approved provider. 28
38 Approved provider may surrender approval 29
(1) An approved provider may surrender the provider approval by 30
notice to the chief executive. 31
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Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 39]
(2) The notice must state a date on which the surrender is 1
intended to take effect which must be-- 2
(a) after the notice is given; and 3
(b) after the end of the period of notice required under 4
subsection (3). 5
(3) The approved provider must, at least 14 days before the 6
surrender is intended to take effect, notify the parents of 7
children enrolled at the QEC approved services operated by 8
the approved provider of the intention to surrender the 9
provider approval. 10
(4) If a provider approval is surrendered-- 11
(a) the approval is cancelled on the date stated in the notice; 12
and 13
(b) any service approval held by the provider is also taken to 14
be cancelled. 15
Note-- 16
A cancelled service approval can not be transferred--see part 3, division 17
5. 18
Division 6 Personal representatives as 19
approved providers 20
39 Death of sole holder of provider approval 21
(1) This section applies if a service approval is held by an 22
approved provider who is an individual and the individual 23
dies. 24
(2) However, this section does not apply if the individual who 25
dies became an approved provider under this section because 26
the individual was the personal representative of the estate of 27
an approved provider. 28
(3) For 6 months from the date of death (the transitional 29
approval period), the personal representative of the 30
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Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 39]
individual's estate is taken to be the approved provider 1
holding-- 2
(a) the provider approval (a deemed approval); and 3
(b) any service approval held under the provider approval 4
(also a deemed approval). 5
(4) To remove any doubt, it is declared that the chief executive 6
may take action under this Act relating to a deemed approval. 7
Examples-- 8
1 The chief executive may impose a condition on the deemed 9
provider approval under part 2, division 4 or on the deemed service 10
approval part 3, division 4. 11
2 The chief executive may cancel the deemed provider approval 12
under part 2, division 5 or the deemed service approval under part 13
3, division 6. 14
(5) Subsection (3) applies subject to-- 15
(a) any earlier transfer, suspension, cancellation or 16
surrender of the service approval under this Act; and 17
(b) any earlier suspension, cancellation or surrender of the 18
deemed approval under this Act; and 19
(c) any extension, or earlier ending, of the transitional 20
approval period under this section. 21
(6) Also, subsection (3) does not apply if the personal 22
representative is a disqualified person. 23
(7) The personal representative may apply in writing to the chief 24
executive for an extension of the transitional approval period. 25
(8) On receiving the application, the chief executive may extend 26
the transitional approval period by the further period, of not 27
more than 6 months, that the chief executive considers 28
appropriate in all the circumstances. 29
Example-- 30
The chief executive may extend the transitional approval period for the 31
period necessary for an application to transfer the service approval to be 32
made and decided. 33
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Education and Care Services Bill 2013
Part 2 Queensland provider approvals
[s 40]
(9) The transitional approval period ends unless, within 30 days 1
after the individual's death, the personal representative-- 2
(a) holds a current positive notice or current positive 3
exemption notice; or 4
(b) has applied for a prescribed notice or exemption notice 5
and the application has not been withdrawn. 6
(10) The personal representative does not commit an offence 7
against the Commissioner's Act, section 197 by operating the 8
QEC service under the service approval without a current 9
positive notice-- 10
(a) during the first 30 days of the transitional approval 11
period; and 12
(b) if the personal representative applies for a prescribed 13
notice within the first 30 days of the transitional 14
approval period and does not withdraw the 15
application--until the application is decided. 16
(11) The personal representative does not commit an offence 17
against the Commissioner's Act, section 259 by operating the 18
QEC service under the service approval without a current 19
positive exemption notice during the first 30 days of the 20
transitional approval period. 21
(12) A person who holds the service approval under this section in 22
the person's capacity as personal representative may transfer 23
the approval to himself or herself, in his or her personal 24
capacity, under part 3, division 5. 25
40 Death of joint holder of provider approval 26
(1) If an individual who jointly holds a provider approval dies, the 27
surviving person, or if there is more than one surviving person 28
each of the surviving persons, continues as the holder of the 29
provider approval and any service approval held under the 30
provider approval. 31
(2) If 2 or more of the persons holding a provider approval are 32
individuals and they die at the same time-- 33
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Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 41]
(a) if there are any surviving persons holding the provider 1
approval--each of them continues as the holder of the 2
provider approval and any service approval held under 3
the provider approval; or 4
(b) if there are no surviving persons holding the provider 5
approval--section 39 applies, with all necessary 6
changes, to the personal representatives of the estates of 7
the persons who have died. 8
Part 3 Queensland service approvals 9
Division 1 General 10
41 Effect of approval 11
(1) A Queensland service approval authorises an approved 12
provider to operate the QEC service to which it relates. 13
(2) An approved provider must have a separate service approval 14
for each QEC service operated by the provider. 15
42 More than one approval or approval holder 16
(1) An approved provider may hold more than one service 17
approval. 18
(2) A reference in this Act to the approved provider for a QEC 19
approved service is, for a provider approval held jointly, a 20
reference to each of the persons who jointly hold the approval. 21
Page 38
Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 43]
Division 2 Application for Queensland service 1
approval 2
43 Approved provider may apply for service approval 3
(1) An approved provider may apply to the chief executive for a 4
service approval for a QEC service. 5
(2) An approved provider may apply for a service approval for a 6
QEC service only if the approved provider is, or proposes to 7
be-- 8
(a) the operator of the QEC service; and 9
(b) responsible for the management of the staff members of 10
the QEC service. 11
(3) A person may apply to the chief executive for a service 12
approval at the same time as the person applies for a provider 13
approval. 14
(4) However, if a person applies for a provider approval and 15
service approval at the same time, the chief executive must not 16
grant the service approval unless the provider approval is also 17
granted. 18
(5) An approved provider may hold more than one service 19
approval. 20
Note-- 21
See also section 55 (Application for new service approval in exceptional 22
circumstances). 23
44 Form of application for service approval 24
(1) The application for a service approval must be in the approved 25
form and accompanied by any fee prescribed under a 26
regulation. 27
Note-- 28
Section 112 states that an application for a service approval may include 29
a request for a condition relating to rest periods. 30
(2) The application may be made by more than one person. 31
Page 39
Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 45]
(3) If an application is made by more than one person-- 1
(a) the information required must be provided for each 2
person; and 3
(b) the requirements of this division must be complied with 4
by each person. 5
(4) The applicant also must provide any other relevant 6
information reasonably required by the chief executive under 7
section 46. 8
45 Chief executive must decide application for service 9
approval 10
(1) The chief executive must decide the application by granting, 11
or refusing to grant, the approval. 12
Note-- 13
See section 211 (Reviewable decisions). 14
(2) If the chief executive does not decide the application within 15
the required period after receiving the application and fee, the 16
application is taken to have been refused. 17
(3) In this section-- 18
required period, for deciding an application, means-- 19
(a) the period of 90 days-- 20
(i) starting the day after the application and fee are 21
given to the chief executive; but 22
(ii) if the chief executive asks for information under 23
section 46--not including the period starting the 24
day after the chief executive asks for the 25
information until the day the applicant gives the 26
information to the chief executive; or 27
(b) any longer period agreed between the chief executive 28
and the applicant. 29
Page 40
Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 46]
46 Chief executive may seek further information 1
The chief executive may ask an applicant for a service 2
approval to provide any further information that is reasonably 3
required for the purpose of assessing the application. 4
47 Relevant matters for deciding application 5
(1) The chief executive must consider the following matters in 6
deciding whether to grant an application for a service 7
approval-- 8
(a) the suitability of the QEC service premises and their 9
location for the operation of a QEC approved service; 10
(b) the adequacy of the policies and procedures of the QEC 11
service for the operation of the service; 12
(c) any suspension (other than a voluntary suspension) of 13
the applicant's provider approval; 14
(d) any current voluntary suspension of the applicant's 15
provider approval; 16
(e) whether the QEC service is proposed to be operated 17
principally within an Aboriginal or Torres Strait Islander 18
community and, if so, the culturally specific needs of 19
Aboriginal or Torres Strait Islander children; 20
(f) the matters mentioned in section 48 on which the chief 21
executive must refuse an application; 22
(g) any other matters the chief executive considers 23
appropriate. 24
(2) In deciding whether to grant the application for a service 25
approval, the chief executive must also have regard to each of 26
the following matters relating to the proposed provision of the 27
regulated education and care under the approval-- 28
(a) the number of children to whom the regulated education 29
and care will be provided at one time; 30
(b) the ages of the children; 31
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Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 48]
(c) the length of time for which each child will be provided 1
with the regulated education and care. 2
(3) In deciding whether to grant the application, the chief 3
executive may also consider the applicant's history of 4
compliance with this Act, the repealed Act or the Education 5
and Care Services National Law (Queensland). 6
48 Grounds on which chief executive must refuse 7
application 8
The chief executive must refuse to grant a service approval 9
if-- 10
(a) the chief executive is satisfied the QEC service, if 11
permitted to operate, would constitute an unacceptable 12
risk to the safety, health or wellbeing of children who 13
would be educated or cared for by the service; or 14
(b) the applicant does not have a provider approval; or 15
(c) the chief executive is not satisfied the applicant is 16
capable of operating the proposed service in a way that 17
meets the requirements of this Act; or 18
(d) the applicant is not entitled to lawfully occupy or use the 19
QEC service premises to operate the QEC service. 20
49 Conditions of Queensland service approval 21
(1) The chief executive may grant a service approval on 22
conditions the chief executive considers appropriate. 23
(2) In addition, the following conditions apply to each service 24
approval-- 25
(a) the approved provider must operate the QEC approved 26
service in a way that ensures the safety, health and 27
wellbeing of children who attend the service and meets 28
their educational and developmental needs; 29
(b) the condition mentioned in section 50; 30
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Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 50]
(c) the approved provider must ensure there is in force, for 1
the service, the insurance cover prescribed under a 2
regulation; 3
(d) subject to subsection (3), the approved provider must 4
start operating the QEC approved service within 6 5
months after the approval is granted (the start-up 6
period). 7
(3) On application by the approved provider, the chief executive 8
may extend the start-up period by the further period, of not 9
more than 6 months, that the chief executive considers 10
appropriate in all the circumstances. 11
50 Service capacity 12
(1) The conditions of a service approval must include a condition 13
stating the maximum number of children to whom regulated 14
education and care may be provided at one time under the 15
approval (the service capacity of the QEC service). 16
(2) The service capacity may be stated-- 17
(a) as a single number; or 18
(b) as different numbers applying to the QEC service at 19
different times according to the circumstances (for 20
example, according to the ages of the children being 21
provided with regulated education and care). 22
(3) The service capacity applies to all the children to whom 23
regulated education and care is being provided at one time in 24
the course of the QEC service, whether the children are being 25
provided with the regulated education and care at the QEC 26
service premises or somewhere else. 27
Example of somewhere else-- 28
on an excuresion 29
51 Emergency care 30
(1) This section applies to a period during which the number of 31
children being provided with regulated education and care in 32
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Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 51]
the course of a QEC approved service is more than its service 1
capacity. 2
(2) The approved provider is taken not to be contravening a 3
condition of the service approval about the service capacity 4
during the period if-- 5
(a) emergency care is being provided during the period to 6
one or more children; and 7
(b) emergency care is not provided to the child or children 8
for more than 2 consecutive days in circumstances to 9
which this section applies; and 10
(c) the amount by which the number of children being 11
provided with regulated education and care exceeds the 12
service capacity during the period is not more than-- 13
(i) if emergency care is being provided to 2 or more 14
children in the same family--that number of 15
children; or 16
(ii) otherwise--one. 17
Examples of an emergency-- 18
1 A child is determined to be in need of protection under a child 19
protection order. 20
2 The parent of a child needs urgent health care that prevents them 21
caring for the child. 22
(3) An approved provider of a QEC approved service must not 23
permit the service to educate and care for an additional child 24
or children in an emergency unless the approved provider is 25
satisfied this will not affect the safety, health and wellbeing of 26
the children attending the service. 27
(4) The approved provider must, within 24 hours of the 28
attendance of the additional child or children, notify the chief 29
executive of the attendance, including-- 30
(a) a description of the emergency; and 31
(b) a statement by the approved provider that the approved 32
provider was satisfied under subsection (3). 33
Page 44
Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 52]
52 Form of Queensland service approval 1
(1) If the chief executive grants a service approval, the chief 2
executive must give a copy of the approval to the approved 3
provider. 4
(2) The service approval must state the following-- 5
(a) the name of the approved provider; 6
(b) the name of the QEC service; 7
(c) the address of the QEC service premises; 8
(d) the conditions applying to the service approval; 9
(e) the details of any service waiver applying to the service 10
approval; 11
(f) the date the service approval was granted; 12
(g) the number of the service approval (the service approval 13
number); 14
(h) the maximum number of children who can be cared for 15
by the service at any time. 16
53 Offence for approved provider not to comply with 17
conditions of Queensland service approval 18
(1) An approved provider must comply with the condition of a 19
service approval mentioned in section 49(2)(a). 20
Maximum penalty--100 penalty units. 21
(2) An approved provider must comply with all other conditions 22
of a service approval. 23
Maximum penalty--40 penalty units. 24
54 Annual fee 25
An approved provider must pay the annual fee prescribed 26
under a regulation for each service approval the provider 27
holds. 28
Page 45
Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 55]
Division 3 Application for Queensland service 1
approval in exceptional 2
circumstances 3
55 Application for new service approval in exceptional 4
circumstances 5
(1) This section applies if-- 6
(a) an approved provider holds a service approval for 7
premises; and 8
(b) exceptional circumstances have caused the premises 9
(the affected premises) to be unsuitable for the 10
provision of the regulated education and care for which 11
the premises are approved. 12
Example-- 13
The premises for a QEC approved service have been flooded. 14
(2) The approved provider may apply to the chief executive-- 15
(a) to temporarily suspend the service approval for the 16
affected premises; and 17
(b) for a new service approval (an exceptional 18
circumstances service approval) to provide the 19
regulated education and care from other premises (the 20
replacement premises). 21
56 Form of application for exceptional circumstances 22
service approval 23
(1) The application-- 24
(a) must be in the approved form; or 25
(b) if the nature of the exceptional circumstances means that 26
it is not practicable to submit the approved form--may 27
be made orally and followed by the approved form as 28
soon as practicable. 29
Page 46
Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 57]
Note-- 1
Section 112 states that an application for an exceptional circumstances 2
service approval may include a request for a condition relating to rest 3
periods. 4
(2) The application may be made by more than one person. 5
(3) If an application is made by more than one person-- 6
(a) the information required must be provided for each 7
person; and 8
(b) the requirements of this division must be complied with 9
by each person. 10
(4) The applicant also must provide any other relevant 11
information reasonably required by the chief executive under 12
section 58. 13
57 Chief executive must decide application 14
The chief executive must within 7 days grant, or refuse to 15
grant, the application and notify the applicant in writing of the 16
chief executive's decision. 17
58 Chief executive may seek further information 18
The chief executive may ask an applicant for an exceptional 19
circumstances service approval to provide any further 20
information that is reasonably required for the purpose of 21
assessing the application. 22
59 Relevant matters for deciding application 23
The chief executive must not grant an application for an 24
exceptional circumstances service approval unless the chief 25
executive is satisfied-- 26
(a) the approved provider holds a service approval for the 27
affected premises; and 28
(b) exceptional circumstances have caused the affected 29
premises to be unsuitable for the provision of the 30
Page 47
Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 60]
regulated education and care for which the premises are 1
approved; and 2
(c) the replacement premises are suitable for providing 3
regulated education and care; and 4
(d) the operation of the service at the replacement premises 5
will not constitute an unacceptable risk to the safety, 6
health or wellbeing of children to be educated or cared 7
for at the replacement premises. 8
60 Conditions of exceptional circumstances service 9
approval 10
The chief executive may grant an exceptional circumstances 11
service approval on the conditions the chief executive 12
considers appropriate. 13
61 When exceptional circumstances service approval ends 14
(1) The chief executive may revoke an exceptional circumstances 15
service approval for an approved provider by giving at least 14 16
days notice in writing to the provider. 17
(2) In deciding whether to revoke the approval the chief executive 18
may have regard to any of the following matters-- 19
(a) whether the exceptional circumstances that caused the 20
affected premises to be unsuitable still apply; 21
(b) the efforts the approved provider has made-- 22
(i) to again make the affected premises suitable for 23
providing regulated education and care; or 24
(ii) to find new premises suitable for providing the 25
regulated education and care; 26
(c) whether the continued provision of regulated education 27
and care to children at the replacement premises 28
constitutes an unacceptable risk to the safety, health or 29
wellbeing of the children; 30
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Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 62]
(d) other circumstances the chief executive considers 1
relevant. 2
62 Approved provider to provide information to chief 3
executive 4
(1) This section applies if a notice has been given to an approved 5
provider under section 61. 6
(2) The approved provider, at the request of the chief executive, 7
must, within 7 days of the request, provide the chief executive 8
with the contact details of the parents of all children enrolled 9
at the QEC approved service operated by the provider. 10
(3) The chief executive may use the information provided under 11
subsection (2) only to notify the parents of children enrolled at 12
the QEC approved service of the ending of the exceptional 13
circumstances service approval for the service. 14
63 Duration of temporary suspension of service approval of 15
affected premises 16
(1) The chief executive may cancel or suspend a service approval 17
for affected premises during, or after the end of, the term of 18
the exceptional circumstances service approval for 19
replacement premises. 20
(2) Otherwise, a suspension of the service approval for affected 21
premises remains in force for as long as the exceptional 22
circumstances service approval for the replacement premises 23
is in force. 24
64 Application of other provisions of this Act to this division 25
(1) Division 2 also applies to an application under this division 26
except for-- 27
(a) sections 43 to 46; and 28
(b) section 49(2)(d) and (3). 29
(2) Also, section 89 does not apply to an exceptional 30
circumstances service approval under this division. 31
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Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 65]
Division 4 Amendment of Queensland service 1
approval 2
65 Amendment of service approval on application 3
(1) An approved provider holding a service approval may apply 4
to the chief executive for an amendment of the approval. 5
(2) The application must be in the approved form and 6
accompanied by any fee prescribed under a regulation. 7
Note-- 8
Section 112 states that an application for an amendment of a service 9
approval may include a request for a condition relating to rest periods. 10
(3) The applicant also must provide any other relevant 11
information reasonably required by the chief executive to 12
decide the application. 13
(4) The chief executive must decide the application by-- 14
(a) amending the approval in the way applied for; or 15
(b) with the applicant's written agreement, amending the 16
approval in another way; or 17
(c) refusing to amend the approval. 18
Note-- 19
See section 211 (Reviewable decisions). 20
(5) Without limiting subsection (4), an amendment may vary a 21
condition of the approval or impose a new condition on the 22
approval. 23
(6) If the chief executive does not decide the application within 24
the required period after receiving the application and fee, the 25
application is taken to have been refused. 26
(7) In this section-- 27
required period, for deciding an application, means-- 28
(a) the period of 60 days-- 29
(i) starting the day after the application and fee are 30
given to the chief executive; but 31
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Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 66]
(ii) if the chief executive asks for information under 1
subsection (3)--not including the period starting 2
the day after the chief executive asks for the 3
information until the day the applicant gives the 4
information to the chief executive; or 5
(b) any longer period agreed between the chief executive 6
and the applicant. 7
66 Restrictions on amendment of service approval 8
(1) A change of the location of QEC service premises to which a 9
service approval applies may be made only by an application 10
for a new approval, not by an application to amend the 11
approval. 12
(2) A change of the approved provider holding a service approval 13
may be made only by transferring the approval under division 14
5, not by an application to amend the approval. 15
67 Amendment of service approval by chief executive 16
(1) The chief executive may amend a service approval at any time 17
without receiving an application for the amendment from the 18
approved provider holding the approval. 19
Example-- 20
The chief executive may change a condition of the approval or impose a 21
new condition. 22
(2) The chief executive must first give the approved provider a 23
notice (show cause notice) stating-- 24
(a) that the chief executive proposes to amend the approval; 25
and 26
(b) the proposed amendment; and 27
(c) the reasons for the proposed amendment; and 28
(d) that the approved provider may, within a stated time of 29
at least 30 days, give the chief executive a written 30
response to the proposed amendment. 31
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[s 68]
(3) After considering any response from the approved provider 1
within the time stated in the show cause notice, the chief 2
executive may make some or all of the proposed amendment. 3
(4) If the chief executive decides not to amend the approval, the 4
chief executive must give the approved provider notice of the 5
decision. 6
(5) At the approved provider's written request, or with the 7
approved provider's written agreement, the chief executive 8
may-- 9
(a) amend an approval without giving a show cause notice; 10
or 11
(b) amend an approval in a way that has not been stated in a 12
show cause notice; or 13
(c) amend an approval before the expiration of the time 14
stated in a show cause notice for the approved provider's 15
response to the proposed amendment. 16
(6) An amendment under this section has effect 14 days after the 17
chief executive gives notice of the amendment to the approved 18
provider or at any later time stated in the notice. 19
Note-- 20
See section 211 (Reviewable decisions). 21
68 Urgent amendment of service approval by chief executive 22
(1) This section applies if the chief executive is reasonably 23
satisfied, in the interests of the safety, health and wellbeing of 24
children being provided with education and care under a 25
provider approval, it is necessary to immediately amend the 26
provider's service approval. 27
(2) The chief executive may immediately amend the service 28
approval without complying with section 67. 29
(3) As soon as practicable after amending the approval, the chief 30
executive must give notice of the amendment to the approved 31
provider. 32
(4) The notice must state the reasons for the amendment. 33
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Part 3 Queensland service approvals
[s 69]
(5) The amendment has effect for the period, not more than 60 1
days, stated in the notice. 2
Note-- 3
See section 211 (Reviewable decisions). 4
69 Amended service approval to be given to approved 5
provider 6
As soon as practicable after amending a service approval 7
under this division, the chief executive must give an amended 8
copy of the approval to the approved provider. 9
Division 5 Transfer of Queensland service 10
approval 11
70 Transfer of approval 12
(1) An approved provider holding a service approval (the 13
transferor) may apply to the chief executive to transfer the 14
approval to another approved provider (the transferee). 15
(2) The application must be in the approved form and 16
accompanied by any fee prescribed under a regulation. 17
(3) The reference in subsection (1) to an approved provider who 18
is the transferor includes a person whose provider approval or 19
service approval is suspended but does not include a person 20
whose provider approval has been cancelled. 21
Note-- 22
Section 71 deals with the transfer of an approved provider's service 23
approval while the service approval is suspended. 24
Section 85 deals with the transfer of an approved provider's service 25
approval that is about to be cancelled. 26
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Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 71]
71 Transfer of suspended service approval 1
(1) This section applies if, while an approved provider's service 2
approval is suspended, the chief executive consents to the 3
transfer of the service approval under this division. 4
(2) A condition of the consent may provide for the suspension to 5
continue. 6
(3) Otherwise, the suspension ends on the day the transfer takes 7
effect. 8
72 Application for transfer to be dealt with as an application 9
for a service approval 10
The chief executive may require information, and conduct 11
investigations, as if the transferee were an applicant for a 12
service approval under part 3, division 2. 13
73 Chief executive must decide application 14
(1) The chief executive must decide the application by granting, 15
or refusing to grant, the transfer and must give notice of the 16
decision to both the transferor and transferee. 17
Note-- 18
See section 211 (Reviewable decisions). 19
(2) The chief executive may grant the transfer on conditions the 20
chief executive considers appropriate and must give notice of 21
any conditions to both the transferor and transferee. 22
(3) Without limiting subsection (2), a condition under subsection 23
(2) may-- 24
(a) include a condition the chief executive could have 25
imposed if the application were an application for a 26
service approval under part 3, division 2; or 27
(b) include a condition stating the date on which the transfer 28
takes effect; or 29
(c) apply to the provider approval or the service approval of 30
the transferee. 31
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Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 74]
(4) If the chief executive does not decide the application within 1
the required period after receiving the application and fee, the 2
application is taken to have been refused. 3
(5) In this section-- 4
required period, for deciding an application, means-- 5
(a) the period of 30 days-- 6
(i) starting the day after the application and fee are 7
given to the chief executive; but 8
(ii) if the chief executive asks for information from the 9
transferor or transferee--not including the period 10
starting the day after the chief executive asks for 11
the information until the day the transferor or 12
transferee gives the information to the chief 13
executive; or 14
(b) any longer period agreed between the chief executive 15
and the transferor or transferee. 16
74 Confirmation of transfer 17
(1) The transferor and the transferee must each give notice to the 18
chief executive within 2 days after the transfer takes effect 19
stating the date of the transfer. 20
Maximum penalty--5 penalty units. 21
(2) On receipt of a notice under this section, the chief executive 22
must amend the service approval and provide an amended 23
copy of the service approval to the transferee. 24
(3) The amendment of the service approval takes effect on the 25
date of the transfer. 26
(4) A transferor or transferee who gives notice under this section 27
is not guilty of an offence for a failure of the other party to the 28
transfer to give the notice. 29
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Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 75]
75 Notice to parents 1
(1) A transferee must give notice under this section of the transfer 2
of a service approval to a parent of each child to whom 3
education and care is regularly provided in the course of the 4
QEC approved service. 5
Maximum penalty--5 penalty units. 6
(2) The notice must be given at least 2 days before the transfer of 7
the service approval takes effect unless the transferee has a 8
reasonable excuse. 9
(3) This section does not apply for a parent or carer who the 10
transferee can not locate after making reasonable enquiries. 11
Division 6 Suspension or cancellation of 12
Queensland service approval 13
76 Grounds for suspension of service approval 14
The chief executive may suspend a service approval if-- 15
(a) the chief executive reasonably believes it would not be 16
in the best interests of children being educated and cared 17
for by the QEC service for the service to continue; or 18
(b) a condition of the service approval has not been 19
complied with; or 20
(c) the service is not being managed in accordance with this 21
Act; or 22
(d) the approved provider has failed to comply with a 23
compliance notice and the noncompliance is substantial; 24
or 25
(e) the approved provider-- 26
(i) has ceased operating a QEC service at the QEC 27
service premises for which the service approval 28
was granted; and 29
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Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 77]
(ii) within 6 months of ceasing operating the service, 1
has not transferred the service to another approved 2
provider; or 3
(f) the approved provider has not, within 6 months after 4
being granted a service approval, started ongoing 5
operation of the service; or 6
(g) the approved provider has not paid the prescribed annual 7
fee for the service approval. 8
77 Show cause notice before suspension of service 9
approval 10
(1) This section applies if the chief executive is considering the 11
suspension of a service approval under section 76. 12
(2) The chief executive must give the approved provider a notice 13
(a show cause notice) stating the following-- 14
(a) that the chief executive intends to suspend the service 15
approval; 16
(b) the proposed period of suspension; 17
(c) the reasons for the proposed suspension; 18
(d) that the approved provider may, within 30 days after the 19
notice is given, give the chief executive a written 20
response to the proposed suspension. 21
78 Decision about suspension after show cause notice 22
After considering any written response from the approved 23
provider received within the period mentioned in section 24
77(2)(d), the chief executive may-- 25
(a) suspend the service approval for a period of not more 26
than 12 months; or 27
(b) decide not to suspend the service approval. 28
Note-- 29
See section 211 (Reviewable decisions). 30
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Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 79]
79 Suspension of service approval without show cause 1
notice 2
(1) This section applies if the chief executive is satisfied there is 3
an immediate risk to the safety, health or wellbeing of a child 4
or children being educated and cared for by a QEC approved 5
service operated by an approved provider. 6
(2) The chief executive may suspend the approved provider's 7
service approval on a ground mentioned in section 76 without 8
giving the approved provider a show cause notice under 9
section 77. 10
(3) The suspension may not be for a period of more than 6 11
months. 12
Note-- 13
See section 211 (Reviewable decisions). 14
80 Notice and taking effect of suspension 15
(1) The chief executive must give the approved provider notice of 16
the decision to suspend the provider's service approval. 17
(2) The notice of a decision to suspend must set out the period of 18
suspension and the date on which it takes effect. 19
(3) The decision under section 78 to suspend takes effect at the 20
end of 14 days after the date of the decision, or, if a longer 21
period is stated by the chief executive, at the end of that 22
period. 23
(4) The decision under section 79 to suspend takes effect when 24
the notice is given to the approved provider. 25
81 Lifting of suspension 26
(1) The chief executive may, on application by an approved 27
provider, lift the suspension of the provider's service approval 28
before the suspension would otherwise end. 29
(2) The application must be in the approved form and be 30
accompanied by any fee prescribed under a regulation. 31
Page 58
Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 82]
82 Grounds for cancellation of service approval 1
The chief executive may cancel a service approval if-- 2
(a) the chief executive reasonably believes the continued 3
operation of the QEC service would constitute an 4
unacceptable risk to the safety, health or wellbeing of 5
any child or class of children being educated and cared 6
for by the QEC service; or 7
(b) the approval has been suspended under this division and 8
the reason for the suspension has not been rectified by 9
the end of the period of suspension; or 10
(c) the service approval was obtained improperly; or 11
(d) the approved provider has failed to comply with a 12
compliance notice and the noncompliance is substantial; 13
or 14
(e) a condition of the service approval has not been 15
complied with. 16
83 Show cause notice before cancellation of service 17
approval 18
(1) This section applies if the chief executive is considering the 19
cancellation of a service approval under section 82. 20
(2) The chief executive must first give the approved provider a 21
notice (a show cause notice) stating the following-- 22
(a) that the chief executive intends to cancel the service 23
approval; 24
(b) the reasons for the proposed cancellation; 25
(c) that the approved provider may, within 30 days after the 26
notice is given, give the chief executive a written 27
response to the proposed cancellation. 28
Page 59
Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 84]
84 Decision about cancellation of service approval 1
(1) After considering any written response from the approved 2
provider received within the time allowed under section 3
83(2)(c), the chief executive-- 4
(a) may-- 5
(i) cancel the service approval; or 6
(ii) suspend the service approval for a period of not 7
more than 12 months; or 8
(iii) decide not to cancel the service approval; and 9
(b) must give the approved provider notice of the decision. 10
(2) The decision to cancel the service approval takes effect at the 11
end of 14 days after the date of the decision or, if a longer 12
period is stated by the chief executive, at the end of that 13
period. 14
(3) The notice of a decision to cancel or suspend the service 15
approval must state the date on which it takes effect. 16
(4) This Act applies to a suspension of a service approval under 17
this section as if it were a suspension under section 78. 18
85 Application for transfer of cancelled service approval 19
(1) An approved provider may apply to the chief executive for 20
consent to transfer a service approval that is to be cancelled 21
under this division. 22
(2) The application for consent to transfer must be made within 23
14 days after the decision to cancel the service approval is 24
made. 25
(3) If an application for consent to transfer is made, the 26
cancellation of the service approval does not take effect, and 27
the service approval is suspended, until the chief executive 28
decides the application. 29
Page 60
Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 86]
86 Decision on application to transfer cancelled service 1
(1) If the chief executive consents to the transfer-- 2
(a) the decision to cancel the service approval is revoked; 3
and 4
(b) the suspension of the service approval ceases on the 5
transfer taking effect, unless the conditions imposed by 6
the chief executive on the consent to the transfer state a 7
later date for the suspension to cease. 8
(2) If the chief executive refuses to consent to the transfer, the 9
service approval is cancelled on the making of the decision to 10
refuse to consent. 11
87 Approved provider to provide information to chief 12
executive 13
(1) This section applies if a show cause notice has been given to 14
an approved provider under section 77 or 83. 15
(2) The approved provider, at the request of the chief executive, 16
must, within 7 days of the request, provide the chief executive 17
with the contact details of the parents of all children enrolled 18
at the QEC approved service operated by the approved 19
provider. 20
(3) The chief executive may use the information provided under 21
subsection (2) only to notify the parents of children enrolled at 22
the QEC approved service of a suspension or cancellation of 23
the service approval for the service. 24
88 Approved provider to give notice to parents of 25
suspension or cancellation of service approval 26
(1) This section applies if the chief executive gives a notice to an 27
approved provider suspending or cancelling the provider's 28
service approval under section 78, 79 or 84. 29
(2) The approved provider must comply with this section, unless 30
the provider has a reasonable excuse. 31
Maximum penalty--5 penalty units. 32
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Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 89]
(3) As soon as practicable after receiving the notice, the approved 1
provider must give notice of the suspension or cancellation to 2
a parent of each child to whom education and care is regularly 3
provided in the course of the QEC approved service. 4
(4) A notice given under subsection (3) must include the reasons 5
given in the chief executive's notice for suspending or 6
cancelling the approved provider's service approval. 7
(5) Subsection (3) does not apply for a parent or carer who the 8
provider can not locate after making reasonable enquiries. 9
(6) If an approved provider's service approval is suspended, the 10
provider must display a notice at the QEC service, for the 11
period of the suspension, stating the approval has been 12
suspended. 13
(7) If an approved provider's service approval is cancelled, the 14
provider must display a notice at the QEC service, until at 15
least the day on which the cancellation takes effect, stating the 16
approval has been cancelled. 17
(8) A regulation may make provision about a notice given or 18
displayed under this section, including, for example-- 19
(a) what the notice must state; and 20
(b) the size or other requirements of the writing on the 21
notice. 22
89 Voluntary suspension of service approval 23
(1) An approved provider may apply to the chief executive for a 24
suspension of the provider's service approval for a period of 25
not more than 12 months. 26
(2) The application must be in the approved form and be 27
accompanied by the prescribed fee. 28
(3) The approved provider must, at least 14 days before making 29
an application under this section, notify the parents of 30
children enrolled at the relevant QEC service of the intention 31
to make the application. 32
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Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 90]
(4) The chief executive must, within 30 days after the application 1
is made, decide whether or not to grant the application. 2
(5) The chief executive may grant the application only if the 3
suspension is reasonable in all the circumstances. 4
(6) The chief executive must give notice of its decision, including 5
the period of suspension, to the approved provider. 6
(7) If the chief executive decides to grant the application, the 7
suspension takes effect on a date agreed between the chief 8
executive and the approved provider. 9
(8) A suspension under this section remains in force for the 10
period of time stated in the notice. 11
(9) The approved provider may apply to the chief executive to 12
revoke the suspension before the end of the suspension period. 13
(10) If the chief executive grants the application to revoke the 14
suspension, the suspension ends on the date determined by 15
agreement with the approved provider. 16
90 Approved provider may surrender service approval 17
(1) An approved provider may surrender a service approval held 18
by the provider by notice to the chief executive. 19
(2) The notice must state a date on which the surrender is 20
intended to take effect which must be-- 21
(a) after the notice is given; and 22
(b) after the end of the period of notice required under 23
subsection (3). 24
(3) The approved provider must notify the parents of children 25
enrolled at the relevant QEC service of the intention to 26
surrender the provider approval at least 14 days before the 27
surrender is intended to take effect. 28
(4) If a service approval is surrendered, the approval is cancelled 29
on the date stated in the notice. 30
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Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 91]
Note-- 1
A cancelled service approval can not be transferred--see part 3, division 2
5. 3
Division 7 Chief executive to give information 4
about disciplinary action to 5
children's commissioner 6
91 Chief executive to give information to children's 7
commissioner 8
(1) This section applies if the chief executive-- 9
(a) amends, suspends or cancels a provider approval or 10
service approval under this Act (a disciplinary action); 11
and 12
(b) reasonably believes the disciplinary action may be 13
relevant to the functions or powers of the children's 14
commissioner under the Commissioner's Act. 15
(2) The chief executive must give notice of the disciplinary action 16
to the children's commissioner. 17
(3) A notice under subsection (2) must state the following-- 18
(a) the approved provider's name and address; 19
(b) the approved provider's date and place of birth, if 20
known; 21
(c) that disciplinary action has been taken against the 22
approved provider, without stating anything further 23
about the disciplinary action. 24
(4) Subsection (5) applies if the children's commissioner-- 25
(a) requests further information about the disciplinary 26
action; and 27
(b) notifies the chief executive that the approved provider is 28
an applicant for, or holder of, a prescribed notice or 29
exemption notice under the Commissioner's Act. 30
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Part 3 Queensland service approvals
[s 91]
(5) The chief executive must give the children's commissioner a 1
notice stating the following-- 2
(a) the form of the disciplinary action taken; 3
(b) when the conduct happened that constituted a ground 4
for the disciplinary action; 5
(c) the nature of the conduct that constituted a ground for 6
the disciplinary action; 7
(d) any other information about the disciplinary action the 8
chief executive considers may be relevant to 9
employment screening under the Commissioner's Act, 10
chapter 8, including, for example, details about the 11
nature of the disciplinary action. 12
(6) However, if the notice given under subsection (2) did not 13
contain the approved provider's date and place of birth, 14
subsection (5) applies only if-- 15
(a) the request from the children's commissioner for the 16
notice under subsection (5) includes the approved 17
provider's date and place of birth; and 18
(b) the chief executive confirms the approved provider's 19
date and place of birth with the approved provider. 20
(7) A notice given under subsection (2) or (5) must not contain 21
information that identifies, or is likely to identify, a particular 22
child. 23
(8) If the chief executive gives the children's commissioner 24
information under subsection (5) about disciplinary action and 25
the disciplinary action is set aside on review or appeal, the 26
chief executive must notify the children's commissioner of the 27
following-- 28
(a) the disciplinary action has been set aside; 29
(b) the reasons given by the entity that set the disciplinary 30
action aside for setting it aside. 31
(9) A reference in this section to an approved provider includes a 32
person who was an approved provider before the suspension 33
or cancellation of the person's provider approval. 34
Page 65
Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 92]
Division 8 Application for service waiver 1
92 Application for service waiver for QEC approved service 2
(1) The approved provider for a QEC approved service may apply 3
to the chief executive for a waiver of a requirement applying 4
to the service under this Act if the requirement is prescribed 5
under a regulation for this section. 6
(2) A person who applies for a service approval may apply for a 7
service waiver under this section together with the application 8
for the service approval. 9
(3) The chief executive must not grant a service waiver to a 10
person who applies under subsection (2) unless the service 11
approval is granted to that person. 12
93 Form of application for service waiver 13
An application for a service waiver must be in the approved 14
form and accompanied by any fee prescribed under a 15
regulation. 16
94 Chief executive may request information and inspect 17
premises 18
For deciding an application for a service waiver, the chief 19
executive may-- 20
(a) ask the applicant to provide further information; and 21
(b) inspect the QEC service premises. 22
95 Matters chief executive must consider for service waiver 23
In considering whether to grant a service waiver, the chief 24
executive may have regard to whether the QEC service is able 25
to meet the requirements prescribed under this Act by 26
alternative means that satisfy the objectives of the 27
requirements. 28
Page 66
Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 96]
96 Decision on application 1
(1) The chief executive must decide the application by granting, 2
or refusing to grant, the service waiver. 3
(2) Subject to subsection (3), the chief executive must notify the 4
applicant of the chief executive's decision within 60 days after 5
the application is made. 6
(3) If an application for a service waiver has been made together 7
with an application for service approval, the chief executive 8
may notify the applicant of the chief executive's decision on 9
the application at the same time as the notice of the decision 10
on the application for the service approval. 11
(4) If a service waiver is granted, the chief executive must issue or 12
reissue the service approval stating the requirements 13
prescribed under this Act to which the service waiver applies. 14
97 Revocation of service waiver 15
(1) The chief executive may revoke a service waiver if the chief 16
executive considers the approved provider is not meeting the 17
requirements prescribed under this Act by alternative means 18
that satisfy the objectives of the requirements. 19
(2) A revocation under subsection (1) takes effect-- 20
(a) 60 days after the chief executive gives the approved 21
provider notice of the decision to revoke; or 22
(b) at the end of the period agreed between the chief 23
executive and the approved provider. 24
(3) An approved provider may apply to the chief executive in the 25
approved form for the revocation of a service waiver applying 26
to a QEC approved service the provider operates. 27
(4) A revocation under subsection (3) takes effect-- 28
(a) 14 days after the chief executive gives the approved 29
provider notice that the provider's application to revoke 30
is approved; or 31
(b) at the end of the period agreed between the chief 32
executive and the approved provider. 33
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Education and Care Services Bill 2013
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[s 98]
98 Effect of service waiver 1
While a service waiver is in force, the QEC approved service 2
is taken to comply with the requirements prescribed under this 3
Act that are stated in the service waiver. 4
Division 9 Temporary waiver 5
99 Application for temporary waiver for QEC approved 6
service 7
(1) The approved provider for a QEC approved service may apply 8
to the chief executive for a temporary waiver of a requirement 9
applying to the service under this Act if the requirement is 10
prescribed under a regulation for this section. 11
(2) A person who applies for a service approval may apply for a 12
temporary waiver under this section together with the 13
application for the service approval. 14
(3) The chief executive must not grant a temporary waiver to a 15
person who applies under subsection (2) unless the service 16
approval is granted to that person. 17
100 Form of application for temporary waiver 18
An application for a temporary waiver must be in the 19
approved form and accompanied by any fee prescribed under 20
a regulation. 21
101 Chief executive may request information and inspect 22
premises 23
For deciding an application for a temporary waiver, the chief 24
executive may-- 25
(a) ask the applicant to provide further information; and 26
(b) inspect the QEC service premises. 27
Page 68
Education and Care Services Bill 2013
Part 3 Queensland service approvals
[s 102]
102 Matters chief executive must consider for temporary 1
waiver 2
In considering whether to grant a temporary waiver, the chief 3
executive must have regard to whether the QEC service is able 4
to meet the requirements prescribed under this Act by 5
alternative means that satisfy the objectives of the 6
requirements. 7
103 Decisions on application for temporary waiver 8
(1) The chief executive must decide the application by granting, 9
or refusing to grant, the temporary waiver. 10
(2) The chief executive must notify the applicant within 60 days 11
after the application is made of the chief executive's decision. 12
(3) A temporary waiver must specify the period of the waiver 13
which can not be for more than 12 months. 14
(4) If the chief executive grants a temporary waiver, the chief 15
executive must issue or reissue the service approval stating-- 16
(a) the requirements of this Act to which the temporary 17
waiver applies; and 18
(b) the period of the waiver. 19
104 Chief executive may extend temporary waiver on 20
application 21
The chief executive, on the application by the approved 22
provider in approved form, may extend and further extend the 23
period of a temporary waiver by periods of not more than 12 24
months. 25
105 Revocation of temporary waiver 26
The chief executive may revoke a temporary waiver if the 27
chief executive considers the approved provider is not meeting 28
the requirements prescribed under this Act by alternative 29
means that satisfy the objectives of the requirements. 30
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[s 106]
106 Effect of temporary waiver 1
While a temporary waiver is in force, the QEC approved 2
service is taken to comply with the requirements prescribed 3
under this Act that are stated in the temporary waiver. 4
Division 10 Offences 5
107 Person must not provide an education and care service 6
without service approval 7
(1) A person must not provide regulated education and care to 7 8
or more children at the same time unless-- 9
(a) the person is an approved provider for the service at 10
which the regulated education and care is provided; and 11
(b) the service is a QEC approved service. 12
Maximum penalty-- 13
(a) for a first offence--100 penalty units; or 14
(b) for a second or later offence--200 penalty units. 15
(2) For subsection (1), it does not matter whether or not the 16
children are at the same place. 17
108 Person must not advertise QEC service without service 18
approval 19
(1) A person must not knowingly publish or cause to be published 20
an advertisement for a QEC service unless it is a QEC 21
approved service. 22
Maximum penalty--50 penalty units. 23
(2) Subsection (1) does not apply if an application for a service 24
approval for the service has been made under this Act but has 25
not been decided. 26
(3) Also, subsection (1) does not apply to a stand-alone service. 27
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[s 109]
Part 4 Conduct of QEC approved 1
services 2
Division 1 General 3
109 Approved provider's overriding responsibility 4
An approved provider must conduct a QEC approved service 5
in a way that-- 6
(a) has sufficient regard to the guiding principles for this 7
Act; and 8
(b) ensures the safety, health and wellbeing, at all times, of 9
the children being educated and cared for by the service. 10
Division 2 Staff members 11
Subdivision 1 Staffing requirements 12
110 Standard requirements 13
(1) A regulation must prescribe standard requirements about each 14
of the following matters-- 15
(a) the presence of suitably qualified staff members at QEC 16
service premises; 17
(b) related matters about adult supervision of the children 18
attending the service. 19
(2) The standard requirements must include-- 20
(a) requirements applying to a QEC approved service 21
during a rest period; and 22
(b) requirements applying to a QEC approved service at all 23
other times it is conducted on a day between 5.00a.m. 24
and 10.00p.m. 25
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[s 111]
111 Requirements applying to a service 1
(1) An approved provider of a QEC approved service must ensure 2
the standard requirements are complied with at all times the 3
service is conducted on a day between 5.00a.m. and 10.00p.m. 4
Maximum penalty--100 penalty units. 5
(2) If a QEC approved service is conducted for a period between 6
10.00p.m. on a day and 5.00a.m. on the next day, the 7
requirements applying to the service during the period are the 8
requirements stated in its service approval conditions. 9
(3) This section does not prevent other requirements relating to 10
the matters mentioned in section 110, as well as the 11
requirements mentioned in this section, from applying to a 12
QEC approved service under its service approval conditions 13
or a regulation. 14
112 Rest periods 15
(1) A service approval for a QEC approved service may include a 16
condition providing for one or more periods during a day, 17
totalling not more than 2 hours during the day, to be rest 18
periods for the service. 19
(2) An application under this Act for a service approval, an 20
amendment of a service approval or an exceptional 21
circumstances service approval may include a request for a 22
condition under subsection (1). 23
(3) The chief executive must have regard to the matters under 24
subsection (4) in deciding-- 25
(a) whether to include a condition under subsection (1) in a 26
service approval; or 27
(b) if the chief executive decides to include the condition-- 28
the timing and length of a rest period. 29
(4) The matters are-- 30
(a) the ages of the children being provided with education 31
and care and the times they will usually be resting; and 32
(b) the service capacity of the QEC service; and 33
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[s 113]
(c) how the physical layout of the QEC service premises 1
allows for the adequate supervision of the children; and 2
(d) the staffing arrangements for the service; and 3
(e) the information given to parents and guardians about the 4
staffing arrangements; and 5
(f) any other matters prescribed under a regulation. 6
(5) Subsections (3) and (4) do not limit part 3, division 2. 7
113 Supervisor for QEC approved service 8
(1) The purpose of this section is to ensure one or more suitably 9
qualified persons are present at a QEC approved service for 10
long enough to properly carry out the function of a supervisor. 11
(2) The function of a supervisor is to carry out, or oversee the 12
carrying out of, the following responsibilities for the 13
service-- 14
(a) preparing and maintaining policies under this Act; 15
(b) helping communication between staff and parents; 16
(c) ensuring children are adequately supervised at all times; 17
(d) taking every reasonable precaution to ensure children 18
being educated and cared for are protected from harm 19
and from any hazard likely to cause injury; 20
(e) ensuring the relevant number of educators educating and 21
caring for the children is no less than the number 22
prescribed for this purpose; 23
(f) ensuring each educator educating and caring for the 24
children meets the qualification requirements. 25
Note-- 26
The matters mentioned in paragraphs (e) and (f) are 27
requirements that may be waived under a service waiver or 28
temporary waiver. 29
(3) The approved provider for a QEC approved service must 30
appoint a supervisor for the service. 31
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[s 114]
(4) The approved provider must ensure-- 1
(a) a supervisor is present at the service for the times 2
prescribed under a regulation; and 3
(b) for the times prescribed under a regulation when a 4
supervisor is not present at the service--an adult, with 5
the qualifications, experience or other characteristics 6
prescribed under a regulation, is present at the service. 7
Maximum penalty--40 penalty units. 8
(5) Subsection (4) does not apply to-- 9
(a) a school age care service; or 10
(b) a QEC approved service with a capacity that is not more 11
than 30 for any part of the day. 12
114 Appointment of nominee 13
(1) An approved provider must-- 14
(a) appoint, and continue to have, a nominee for each QEC 15
approved service for which the provider holds a service 16
approval; and 17
(b) notify the chief executive in writing of the appointment 18
of nominee. 19
Maximum penalty--10 penalty units. 20
(2) An approved provider may notify the chief executive of the 21
nominee's appointment in the provider's application for a 22
service approval. 23
(3) A nominee must be an adult. 24
(4) An approved provider may appoint a supervisor at the 25
approved service to be nominee. 26
115 Purpose and effect of appointment of nominee 27
(1) The purpose of requiring an approved service to have a 28
nominee is to help communication between the chief 29
executive and the service. 30
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[s 116]
(2) The appointment of a nominee for an approved service does 1
not affect the approved provider's responsibility to ensure the 2
approved service is conducted in compliance with this Act. 3
(3) If this Act requires or permits the chief executive to give a 4
notice to an approved provider, the chief executive may give 5
the notice to the approved provider by giving it to a nominee 6
for the provider's approved service. 7
116 Presence of at least 2 adult staff members 8
(1) This section applies to an approved provider of a QEC 9
approved service at all times that education and care is being 10
provided at the QEC service premises in the course of 11
delivering the service. 12
(2) If the service is not a school age care service, the approved 13
provider must ensure that at least 2 adult staff members are 14
present at the premises. 15
Maximum penalty--40 penalty units. 16
(3) If the service is a school age care service, the approved 17
provider must ensure that, at all times, at least-- 18
(a) 2 adult staff members are present at the premises; or 19
(b) one adult staff member is present at the premises and 20
one other adult staff member is near the premises and 21
able to attend at the premises immediately if required. 22
Maximum penalty--40 penalty units. 23
(4) In this section-- 24
adult staff member includes the following-- 25
(a) a qualified supervisor; 26
(b) a staff member who is at least 17 years of age and is a 27
qualified assistant. 28
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[s 117]
Subdivision 2 Qualifications, training and study 1
117 Certain unqualified person may fulfil requirement for 2
qualified person 3
(1) A reference in this Act to a person with a qualification 4
includes a person who does not have a qualification if, in the 5
circumstances prescribed under a regulation-- 6
(a) the person is an adult who is engaged in a position for 7
which the qualification is prescribed and has not been 8
engaged in the position for more than the prescribed 9
time; or 10
(b) the person is enrolled in a course that leads to the 11
qualification. 12
(2) For subsection (1)(a), in deciding how long a person has been 13
engaged in a position, the engagement is taken to continue 14
during any break of less than 30 days. 15
(3) In this section-- 16
position means a position in a QEC approved service. 17
prescribed time means the time, not more than 6 months, 18
prescribed under a regulation. 19
118 Defence of relying on evidence of qualifications, training 20
or study 21
(1) This section applies if-- 22
(a) proceedings are taken against a person (the first person) 23
for an offence against this Act; and 24
(b) the act or omission that is the offence would not be an 25
offence if another person (the second person) had a 26
particular qualification or competency or was enrolled 27
in a particular course of study. 28
(2) It is a defence for the first person to prove that, at the time of 29
the alleged offence, the first person reasonably believed, and 30
had sighted reasonable evidence, that the second person had 31
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[s 119]
the qualification or competency or was enrolled in the course 1
of study. 2
(3) Subsection (2) does not limit the application of the Criminal 3
Code, section 24. 4
119 Evidence of staff qualifications or enrolment 5
(1) This section applies if-- 6
(a) a person who is a staff member of a QEC approved 7
service-- 8
(i) has a particular qualification or competency; or 9
(ii) is enrolled in a particular course of study; and 10
(b) the approved provider would contravene this Act if-- 11
(i) for a person mentioned in paragraph (a)(i)--the 12
person did not have the qualification or 13
competency; or 14
(ii) for a person mentioned in paragraph (a)(ii)--the 15
person was not enrolled in the course. 16
(2) The approved provider must keep a document that is, under 17
subsection (3), evidence that-- 18
(a) for a person mentioned in subsection (1)(a)(i)--the 19
person has the qualification of competency; or 20
(b) for a person mentioned in subsection (1)(a)(ii)--the 21
person is enrolled in the course. 22
Maximum penalty--5 penalty units. 23
(3) For this Act-- 24
(a) a document is evidence that a person has a particular 25
qualification or competency if it is an original award, or 26
a certified copy of an original award, issued to the 27
person on obtaining the qualification or completing the 28
training for the competency; and 29
(b) a document is evidence that a person is enrolled in a 30
particular course of study if it is a document, or a 31
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[s 120]
certified copy of a document, issued to the person by the 1
institution conducting the course, indicating that the 2
person is enrolled in the course. 3
(4) In this section-- 4
certified copy, of an original award or a document, is copy 5
certified to be a true copy by a justice, commissioner for 6
declarations, notary public or lawyer. 7
Division 3 Other requirements 8
120 Required programs for children 9
(1) The approved provider of a QEC approved service must 10
ensure a program is delivered to all children being educated 11
and cared for by the service that is-- 12
(a) based on an approved learning framework; and 13
(b) delivered in a manner that accords with the approved 14
learning framework; and 15
(c) based on the developmental needs, interests and 16
experiences of each child; and 17
(d) designed to take into account the individual differences 18
of each child. 19
(2) A regulation may make provision about programs, including, 20
for example, by imposing requirements about the following-- 21
(a) an approved learning framework; 22
(b) the contents of a program; 23
(c) keeping records about programs; 24
(d) monitoring the operation of programs and reviewing 25
their content; 26
(e) giving information about programs to parents. 27
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[s 121]
121 Children must be adequately supervised 1
The approved provider of a QEC approved service must 2
ensure all children being educated and cared for by the service 3
are adequately supervised at all times that the children are in 4
the care of the service. 5
Maximum penalty--100 penalty units. 6
122 Children must be protected from harm and hazards 7
The approved provider of a QEC approved service must 8
ensure every reasonable precaution is taken to protect children 9
being educated and cared for by the service from harm and 10
from any hazard likely to cause injury. 11
Maximum penalty--100 penalty units. 12
123 Display of prescribed information 13
An approved provider must ensure the following information 14
is displayed at the QEC service premises, so that it is clearly 15
visible from the main entrance to the premises-- 16
(a) information about a provider approval prescribed under 17
a regulation for this section; 18
(b) information about a service approval prescribed under a 19
regulation for this section; 20
(c) the name of the supervisor at any given time education 21
and care is being provided at the service; 22
(d) information about a service waiver or temporary waiver 23
prescribed under a regulation for this section; 24
(e) other information prescribed under a regulation for this 25
section. 26
Maximum penalty--10 penalty units. 27
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Part 4 Conduct of QEC approved services
[s 124]
124 Failure to notify chief executive of certain changes 1
(1) An approved provider must give the chief executive notice 2
under subsection (2) if-- 3
(a) there is a change to the approved provider's name; or 4
(b) a person with management or control of a QEC 5
approved service operated by the approved provider is 6
appointed or removed; or 7
(c) the provider does not start operating a QEC approved 8
service within either-- 9
(i) 6 months of the grant of the service approval for 10
the service; or 11
(ii) any other period agreed between the provider and 12
the chief executive. 13
Maximum penalty--10 penalty units. 14
Note-- 15
Section 114 states that an approved provider must notify the chief 16
executive about the appointment of a nominee. 17
(2) The approved provider must give the notice within 7 days 18
after the later of the following-- 19
(a) the day on which an event mentioned in subsection (1) 20
happens; 21
(b) the day on which the provider became aware that the 22
event had happened. 23
125 Failure to notify chief executive of intention to transfer 24
service approval 25
If an approved provider intends to transfer a service approval 26
under part 3, division 5, the provider must give the chief 27
executive notice of the intention at least 42 days before the 28
day on which the transfer is intended to take effect. 29
Maximum penalty--50 penalty units. 30
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Part 4 Conduct of QEC approved services
[s 126]
126 Failure to notify chief executive of change in suitability to 1
operate QEC service 2
(1) An approved provider must give the chief executive notice, 3
within 7 days of the required day-- 4
(a) of any change relevant to whether the provider is a 5
suitable person to operate a QEC approved service 6
having regard to the matters stated in section 15; or 7
(b) if a person with management or control of a QEC 8
approved service operated by the provider, stops having 9
a current positive notice or current positive exemption 10
notice; or 11
(c) of a proposed change to any aspect of the QEC service 12
premises of a QEC approved service; or 13
(d) if the provider stops operating a QEC approved service. 14
Maximum penalty--50 penalty units. 15
(2) In this section-- 16
required day means the later of the following days-- 17
(a) the day on which the event happens; 18
(b) the day on which the approved provider becomes aware 19
that the event has happened. 20
127 Failure to report serious incident or complaint 21
(1) This section applies if an approved provider becomes aware of 22
any of the following in relation to a QEC approved service 23
operated by the provider-- 24
(a) a serious incident at the service; 25
(b) a complaint alleging that-- 26
(i) a child's safety, health or wellbeing has been or is 27
being compromised while the child was or is being 28
provided with education and care at the service; or 29
(ii) a provision of this Act has been, or is being, 30
contravened; 31
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[s 128]
(c) any other matter prescribed under a regulation. 1
(2) The approved provider must give the chief executive notice of 2
the serious incident or the complaint within one day after 3
becoming aware of the incident or complaint. 4
Maximum penalty--20 penalty units. 5
(3) The approved provider must give the chief executive notice of 6
any other matter prescribed under a regulation within 7 days 7
after becoming aware of the matter. 8
Maximum penalty--20 penalty units. 9
(4) In this section-- 10
serious incident means an incident or class of incident 11
prescribed under a regulation. 12
Division 4 Records 13
128 Failure to retain records 14
An approved provider must keep all records prescribed under 15
a regulation for at least the period prescribed under a 16
regulation. 17
Maximum penalty--20 penalty units. 18
129 Access to records 19
(1) An approved provider must allow a parent of a child, on 20
request, to inspect a record kept by the approved provider 21
about the child or to take a copy of the record. 22
(2) Subsection (1) does not apply to the extent that compliance 23
would allow access in contravention of an order of a court or 24
tribunal. 25
130 Confidentiality of records 26
(1) An approved provider must keep a record of a QEC service 27
operated by the provider that contains personal information 28
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[s 130]
about a child to whom the service is providing education and 1
care in a way that ensures the only persons with access to the 2
record are-- 3
(a) an authorised person for the service; or 4
(b) a parent of the child; or 5
(c) the child. 6
Maximum penalty--10 penalty units. 7
(2) An authorised person for a QEC approved service must not 8
disclose personal information about a child obtained from a 9
records of the service to anyone other than-- 10
(a) another authorised person for the service; or 11
(b) a parent of the child; or 12
(c) the child. 13
Maximum penalty--10 penalty units. 14
(3) However, subsections (1) and (2) do not apply if an approved 15
provider allows access or an authorised person for the QEC 16
approved service discloses information-- 17
(a) for a purpose under this Act; or 18
(b) with the consent of a parent of the child; or 19
(c) for a purpose directly related to the child's protection or 20
welfare; or 21
(d) for the purpose of complying with a lawful process 22
requiring the production of documents or giving 23
evidence before a court or tribunal; or 24
(e) under part 8, division 3, subdivision 2; or 25
(f) under another Act. 26
(4) In this section-- 27
authorised person, for a QEC approved service, means-- 28
(a) the approved provider of the service; or 29
(b) a staff member of the service. 30
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Part 5 Stand-alone services
[s 131]
personal information relating to a child means information 1
about the child's health or special needs, or other information 2
about a child, prescribed under a regulation. 3
record of a QEC approved service means a record kept by the 4
approved provider of the service that relates to the operation 5
and the service, and includes a record mentioned in section 6
128. 7
131 Record keeping obligations when person stops being 8
approved provider 9
(1) This section applies if a person (the old approved provider) 10
stops being the approved provider of a QEC approved service. 11
(2) This division continues to apply to the records (the old 12
records) relating to the conduct of the QEC approved service 13
under the service approval held by the old approved provider. 14
(3) If the service is no longer being conducted, a reference in this 15
division to the approved provider of the service is a reference 16
to the old approved provider. 17
(4) If the service continues to be conducted under a service 18
approval held by someone else (the new approved 19
provider)-- 20
(a) a reference in this division to the approved provider of 21
the service is, for the old records, a reference to the old 22
approved provider; and 23
(b) for section 130, the new approved provider is an 24
authorised person for the old records. 25
Part 5 Stand-alone services 26
132 Person involved in conduct of, or provision of care for, 27
stand-alone service must be an adult 28
(1) A child must not conduct a stand-alone service. 29
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Part 5 Stand-alone services
[s 133]
Maximum penalty--5 penalty units. 1
(2) A person must not engage a child as a carer in a stand-alone 2
service. 3
Maximum penalty--50 penalty units. 4
133 Suitability of other persons in home where stand-alone 5
service operates 6
(1) A carer in a stand-alone service must not provide a child with 7
education and care in a home if-- 8
(a) the carer knows, or ought reasonably to know, that an 9
occupant of the home is a disqualified person; or 10
(b) there is a notice in force under section 190 directing the 11
carer not to provide education and care for a child in the 12
home. 13
Maximum penalty--50 penalty units. 14
(2) A person conducting a stand-alone service must take all 15
reasonable steps to ensure that each carer in the service 16
complies with subsection (1). 17
Maximum penalty--100 penalty units. 18
134 Maximum number of children receiving care 19
(1) A person conducting a stand-alone service at a home or other 20
place must ensure that-- 21
(a) there are not more than 6 children at the home or other 22
place; and 23
(b) there are not more than 4 children at the home or other 24
place who are not yet school children. 25
Maximum penalty--100 penalty units. 26
(2) Subsection (1) does not apply to-- 27
(a) a child who is being cared for at the home or other place 28
by a person who is not a carer in the stand-alone service; 29
or 30
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[s 135]
(b) school children who are being provided with care by a 1
carer in the stand-alone service who is their parent; or 2
(c) children who are at least 12 years and are not being 3
provided with care. 4
135 Person must not conduct stand-alone service without 5
insurance 6
A person must not conduct a stand-alone service unless the 7
person has in force insurance cover for the service prescribed 8
under a regulation. 9
Maximum penalty--40 penalty units. 10
Part 6 Monitoring and enforcement 11
Division 1 Interpretation 12
136 Definitions for pt 6 13
In this part-- 14
authorised officer means a person who holds office under this 15
part as an authorised officer. 16
court means a Magistrates Court. 17
electronic document means a document of a type under the 18
Acts Interpretation Act 1954, section 36, definition document, 19
paragraph (c). 20
former owner see section 172(1). 21
general power see section 157(1). 22
help requirement see section 158(1). 23
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[s 136]
identity card, for a provision about authorised officers, means 1
an identity card taken to be an identity card for this Act under 2
section 140. 3
information notice, about a decision, means a notice stating 4
the following-- 5
(a) the decision; 6
(b) the reasons for it; 7
(c) that the person to whom the notice is given may apply to 8
the chief executive for a review of the decision within 20 9
business days after the person receives the notice; 10
(d) how to apply for a review. 11
information requirement see section 181(3). 12
occupier, of a place, includes the following-- 13
(a) if there is more than one person who apparently 14
occupies the place--any one of the persons; 15
(b) any person at the place who is apparently acting with the 16
authority of a person who apparently occupies the place; 17
(c) if no-one apparently occupies the place--any person 18
who is an owner of the place. 19
of, a place, includes at or on the place. 20
offence warning, for a direction or requirement by an 21
authorised officer, means a warning that, without a reasonable 22
excuse, it is an offence for the person to whom the direction is 23
given or of whom the requirement is made not to comply with 24
it. 25
owner, for a thing that has been seized under this Act, 26
includes a person who would be entitled to possession of the 27
thing had it not been seized. 28
personal details requirement see section 175(5). 29
person in control, of a thing, includes anyone who reasonably 30
appears to be, claims to be, or acts as if he or she is, the person 31
in possession or control of the thing. 32
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[s 136]
place includes the following-- 1
(a) premises; 2
(b) vacant land; 3
(c) a place in Queensland waters; 4
(d) a place held under more than one title or by more than 5
one owner; 6
(e) the land or water where a building or structure, or a 7
group of buildings or structures, is situated. 8
premises includes-- 9
(a) a building or other structure; and 10
(b) a part of a building or other structure; and 11
(c) a caravan or vehicle; and 12
(d) a cave or tent; and 13
(e) premises held under more than one title or by more than 14
one owner. 15
public place means-- 16
(a) a place, or part of the place-- 17
(i) the public is entitled to use, is open to members of 18
the public or is used by the public, whether or not 19
on payment of money; or 20
Examples of a place that may be a public place under 21
subparagraph (i)-- 22
a beach, a park, a road 23
(ii) the occupier of which allows, whether or not on 24
payment of money, members of the public to enter; 25
or 26
Examples of a place that may be a public place under 27
subparagraph (ii)-- 28
a saleyard, a show ground 29
(b) a place that is a public place under another Act. 30
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[s 137]
reasonably believes means believes on grounds that are 1
reasonable in the circumstances. 2
reasonably suspects means suspects on grounds that are 3
reasonable in the circumstances. 4
vehicle-- 5
(a) means a vehicle under the Transport Operations (Road 6
Use Management) Act 1995; and 7
(b) includes a vessel under that Act. 8
Division 2 General provisions about 9
authorised officers 10
Subdivision 1 Functions and appointment 11
137 Functions of authorised officers 12
An authorised officer has the following functions-- 13
(a) to investigate, monitor and enforce compliance with this 14
Act; 15
(b) to investigate or monitor whether an occasion has arisen 16
for the exercise of powers under this Act; 17
(c) to facilitate the exercise of powers under this Act. 18
138 Appointment of authorised officer 19
An authorised officer authorised under the Education and 20
Care Services National Law (Queensland), section 195-- 21
(a) is taken to be an authorised officer for this Act; and 22
(b) holds office on the terms and conditions stated in the 23
authorisation under that section. 24
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[s 139]
139 When office ends 1
The office of a person as an authorised officer ends if the 2
person stops being an authorised officer under the Education 3
and Care Services National Law (Queensland). 4
Subdivision 2 Identity cards 5
140 Issue of identity card 6
An identity card issued to an authorised officer under the 7
Education and Care Services National Law (Queensland), 8
section 196 is taken to be an identity card for this Act. 9
141 Production or display of identity card 10
(1) In exercising a power in relation to a person in the person's 11
presence, an authorised officer must-- 12
(a) produce the authorised officer's identity card for the 13
person's inspection before exercising the power; or 14
(b) have the identity card displayed so it is clearly visible to 15
the person when exercising the power. 16
(2) However, if it is not practicable to comply with subsection (1), 17
the authorised officer must produce the identity card for the 18
person's inspection at the first reasonable opportunity. 19
(3) For subsection (1), an authorised officer does not exercise a 20
power in relation to a person only because the authorised 21
officer has entered a place as mentioned in section 144(1)(b) 22
or (d). 23
Subdivision 3 Miscellaneous provisions 24
142 References to exercise of powers 25
If-- 26
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(a) a provision of this part refers to the exercise of a power 1
by an authorised officer; and 2
(b) there is no reference to a specific power; 3
the reference is to the exercise of all or any authorised 4
officers' powers under this part or a warrant, to the extent the 5
powers are relevant. 6
143 Reference to document includes reference to 7
reproductions from electronic document 8
A reference in this part to a document includes a reference to 9
an image or writing-- 10
(a) produced from an electronic document; or 11
(b) not yet produced, but reasonably capable of being 12
produced, from an electronic document, with or without 13
the aid of another article or device. 14
Division 3 Entry of places by authorised 15
officers 16
Subdivision 1 Power to enter 17
144 General power to enter places 18
(1) An authorised officer may enter a place if-- 19
(a) an occupier at the place consents under subdivision 2 to 20
the entry and section 147 has been complied with for the 21
occupier; or 22
(b) it is a public place and the entry is made when the place 23
is open to the public; or 24
(c) the entry is authorised under a warrant and, if there is an 25
occupier of the place, section 154 has been complied 26
with for the occupier; or 27
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(d) it is a QEC service and entry is made when education 1
and care is being provided at the place under a service 2
approval; or 3
(e) it is not a home and the entry is made when the place is 4
open for the conduct of business. 5
(2) If the power to enter arose only because an occupier of the 6
place consented to the entry, the power is subject to any 7
conditions of the consent and ceases if the consent is 8
withdrawn. 9
(3) If the power to enter is under a warrant, the power is subject to 10
the terms of the warrant. 11
Subdivision 2 Entry by consent 12
145 Application of sdiv 2 13
This subdivision applies if an authorised officer intends to ask 14
an occupier of a place to consent to the authorised officer or 15
another authorised officer entering the place under section 16
144(1)(a). 17
146 Incidental entry to ask for access 18
For the purpose of asking the occupier for the consent, an 19
authorised officer may, without the occupier's consent or a 20
warrant-- 21
(a) enter land around premises at the place to an extent that 22
is reasonable to contact the occupier; or 23
(b) enter part of the place the authorised officer reasonably 24
considers members of the public ordinarily are allowed 25
to enter when they wish to contact an occupier of the 26
place. 27
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147 Matters authorised officer must tell occupier 1
Before asking for the consent, the authorised officer must give 2
a reasonable explanation to the occupier-- 3
(a) about the purpose of the entry, including the powers 4
intended to be exercised; and 5
(b) that the occupier is not required to consent; and 6
(c) that the consent may be given subject to conditions and 7
may be withdrawn at any time. 8
148 Consent acknowledgement 9
(1) If the consent is given, the authorised officer may ask the 10
occupier to sign an acknowledgement of the consent. 11
(2) The acknowledgement must state-- 12
(a) the purpose of the entry, including the powers to be 13
exercised; and 14
(b) the following has been explained to the occupier-- 15
(i) the purpose of the entry, including the powers 16
intended to be exercised; 17
(ii) that the occupier is not required to consent; 18
(iii) that the consent may be given subject to conditions 19
and may be withdrawn at any time; and 20
(c) the occupier gives the authorised officer or another 21
authorised officer consent to enter the place and exercise 22
the powers; and 23
(d) the time and day the consent was given; and 24
(e) any conditions of the consent. 25
(3) If the occupier signs the acknowledgement, the authorised 26
officer must immediately give a copy to the occupier. 27
(4) If-- 28
(a) an issue arises in a proceeding about whether the 29
occupier consented to the entry; and 30
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(b) an acknowledgement complying with subsection (2) for 1
the entry is not produced in evidence; 2
the onus of proof is on the person relying on the lawfulness of 3
the entry to prove the occupier consented. 4
Subdivision 3 Entry under warrant 5
149 Application for warrant 6
(1) An authorised officer may apply to a magistrate for a warrant 7
for a place. 8
(2) The authorised officer must prepare a written application that 9
states the grounds on which the warrant is sought. 10
(3) The written application must be sworn. 11
(4) The magistrate may refuse to consider the application until the 12
authorised officer gives the magistrate all the information the 13
magistrate requires about the application in the way the 14
magistrate requires. 15
Example-- 16
The magistrate may require additional information supporting the 17
written application to be given by statutory declaration. 18
150 Issue of warrant 19
(1) The magistrate may issue the warrant for the place only if the 20
magistrate is satisfied there are reasonable grounds for 21
suspecting that there is at the place, or will be at the place 22
within the next 7 days, a particular thing or activity that may 23
provide evidence of an offence against this Act. 24
(2) The warrant must state-- 25
(a) the place to which the warrant applies; and 26
(b) that a stated authorised officer or any authorised officer 27
may with necessary and reasonable help and force-- 28
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(i) enter the place and any other place necessary for 1
entry to the place; and 2
(ii) exercise the authorised officer's powers; and 3
(c) particulars of the offence that the magistrate considers 4
appropriate; and 5
(d) the name of the person suspected of having committed 6
the offence unless the name is unknown or the 7
magistrate considers it inappropriate to state the name; 8
and 9
(e) the evidence that may be seized under the warrant; and 10
(f) the hours of the day or night when the place may be 11
entered; and 12
(g) the magistrate's name; and 13
(h) the day and time of the warrant's issue; and 14
(i) the day, within 14 days after the warrant's issue, the 15
warrant ends. 16
151 Electronic application 17
(1) An application under section 149 may be made by phone, fax, 18
email, radio, videoconferencing or another form of electronic 19
communication if the authorised officer reasonably considers 20
it necessary because of-- 21
(a) urgent circumstances; or 22
(b) other special circumstances, including, for example, the 23
authorised officer's remote location. 24
(2) The application-- 25
(a) may not be made before the authorised officer prepares 26
the written application under section 149(2); but 27
(b) may be made before the written application is sworn. 28
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152 Additional procedure if electronic application 1
(1) For an application made under section 151, the magistrate 2
may issue the warrant (the original warrant) only if the 3
magistrate is satisfied-- 4
(a) it was necessary to make the application under section 5
151; and 6
(b) the way the application was made under section 151 was 7
appropriate. 8
(2) After the magistrate issues the original warrant-- 9
(a) if there is a reasonably practicable way of immediately 10
giving a copy of the warrant to the authorised officer, 11
including, for example, by sending a copy by fax or 12
email, the magistrate must immediately give a copy of 13
the warrant to the authorised officer; or 14
(b) otherwise-- 15
(i) the magistrate must tell the authorised officer the 16
information mentioned in section 150(2); and 17
(ii) the authorised officer must complete a form of 18
warrant, including by writing on it the information 19
mentioned in section 150(2) provided by the 20
magistrate. 21
(3) The copy of the warrant mentioned in subsection (2)(a), or the 22
form of warrant completed under subsection (2)(b) (in either 23
case the duplicate warrant), is a duplicate of, and as effectual 24
as, the original warrant. 25
(4) The authorised officer must, at the first reasonable 26
opportunity, send to the magistrate-- 27
(a) the written application complying with section 149(2) 28
and (3); and 29
(b) if the authorised officer completed a form of warrant 30
under subsection (2)(b)--the completed form of 31
warrant. 32
(5) The magistrate must keep the original warrant and, on 33
receiving the documents under subsection (4)-- 34
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(a) attach the documents to the original warrant; and 1
(b) give the original warrant and documents to the clerk of 2
the court of the relevant Magistrates Court. 3
(6) Despite subsection (3), if-- 4
(a) an issue arises in a proceeding about whether an 5
exercise of a power was authorised by a warrant issued 6
under this section; and 7
(b) the original warrant is not produced in evidence; 8
the onus of proof is on the person relying on the lawfulness of 9
the exercise of the power to prove a warrant authorised the 10
exercise of the power. 11
(7) This section does not limit section 149. 12
(8) In this section-- 13
relevant Magistrates Court, in relation to a magistrate, means 14
the Magistrates Court that the magistrate constitutes under the 15
Magistrates Act 1991. 16
153 Defect in relation to a warrant 17
(1) A warrant is not invalidated by a defect in-- 18
(a) the warrant; or 19
(b) compliance with this subdivision; 20
unless the defect affects the substance of the warrant in a 21
material particular. 22
(2) In this section-- 23
warrant includes a duplicate warrant mentioned in section 24
152(3). 25
154 Entry procedure 26
(1) This section applies if an authorised officer is intending to 27
enter a place under a warrant issued under this subdivision. 28
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(2) Before entering the place, the authorised officer must do or 1
make a reasonable attempt to do the following things-- 2
(a) identify himself or herself to a person who is an 3
occupier of the place and is present by producing the 4
authorised officer's identity card or another document 5
evidencing the authorised officer's appointment; 6
(b) give the person a copy of the warrant; 7
(c) tell the person the authorised officer is permitted by the 8
warrant to enter the place; 9
(d) give the person an opportunity to allow the authorised 10
officer immediate entry to the place without using force. 11
(3) However, the authorised officer need not comply with 12
subsection (2) if the authorised officer believes on reasonable 13
grounds that entry to the place is required to ensure the 14
execution of the warrant is not frustrated. 15
(4) In this section-- 16
warrant includes a duplicate warrant mentioned in section 17
152(3). 18
155 Entering a home and preserving privacy 19
(1) Before entering a home under this part, other than under a 20
warrant, an authorised officer must do or make a reasonable 21
attempt to comply with section 141. 22
(2) When entering a home, or exercising a power or performing a 23
function in a home, an authorised officer must preserve, as far 24
as practicable, the privacy of anyone living at the home. 25
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Subdivision 4 General powers of authorised 1
officers after entering places 2
156 Application of sdiv 4 3
(1) The power under this subdivision may be exercised if an 4
authorised officer enters a place under section 144(1)(a), (c), 5
(d) or (e). 6
(2) However, if the authorised officer enters under section 7
144(1)(a) or (c), the powers under this subdivision are subject 8
to any conditions of the consent or terms of the warrant. 9
157 General powers 10
(1) The authorised officer may do any of the following (each a 11
general power)-- 12
(a) search any part of the place; 13
(b) inspect, examine or film any part of the place or 14
anything at the place; 15
(c) take for examination a thing, or a sample of or from a 16
thing, at the place; 17
(d) place an identifying mark in or on anything at the place; 18
(e) take an extract from, or copy, a document at the place, or 19
take the document to another place to copy; 20
(f) produce an image or writing at the place from an 21
electronic document or, to the extent it is not 22
practicable, take a thing containing an electronic 23
document to another place to produce an image or 24
writing; 25
(g) take to, into or onto the place and use any person, 26
equipment and materials the authorised officer 27
reasonably requires for exercising the authorised 28
officer's powers under this subdivision; 29
(h) remain at the place for the time necessary to achieve the 30
purpose of the entry. 31
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(2) The authorised officer may take a necessary step to allow the 1
exercise of a general power. 2
(3) If the authorised officer takes a document from the place to 3
copy it, the authorised officer must copy and return the 4
document to the place as soon as practicable. 5
(4) If the authorised officer takes from the place an article or 6
device reasonably capable of producing a document from an 7
electronic document to produce the document, the authorised 8
officer must produce the document and return the article or 9
device to the place as soon as practicable. 10
(5) In this section-- 11
examine includes analyse, test, account, measure, weigh, 12
grade, gauge and identify. 13
film includes photograph, videotape and record an image in 14
another way. 15
inspect, a thing, includes open the thing and examine its 16
contents. 17
158 Power to require reasonable help 18
(1) The authorised officer may make a requirement (a help 19
requirement) of an occupier of the place or a person at the 20
place to give the authorised officer reasonable help to exercise 21
a general power, including, for example, to produce a 22
document or to give information. 23
(2) When making the help requirement, the authorised officer 24
must give the person an offence warning for the requirement. 25
159 Offence to contravene help requirement 26
(1) A person of whom a help requirement has been made must 27
comply with the requirement unless the person has a 28
reasonable excuse. 29
Maximum penalty--50 penalty units. 30
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(2) It is a reasonable excuse for an individual not to comply with 1
a help requirement if complying might tend to incriminate the 2
individual or expose the individual to a penalty. 3
(3) However, subsection (2) does not apply if a document or 4
information the subject of the help requirement is required to 5
be held or kept by the defendant under this Act. 6
Division 4 Seizure by authorised officers and 7
forfeiture 8
Subdivision 1 Power to seize 9
160 Seizing evidence at a place that may be entered without 10
consent or warrant 11
An authorised officer who enters a place the authorised officer 12
may enter under this part without the consent of an occupier 13
of the place and without a warrant may seize a thing at the 14
place if the authorised officer reasonably believes the thing is 15
evidence of an offence against this Act. 16
161 Seizing evidence at a place that may be entered only with 17
consent or warrant 18
(1) This section applies if-- 19
(a) an authorised officer is authorised to enter a place only 20
with the consent of an occupier of the place or a 21
warrant; and 22
(b) the authorised officer enters the place after obtaining the 23
consent or under a warrant. 24
(2) If the authorised officer enters the place with the occupier's 25
consent, the authorised officer may seize a thing at the place 26
only if-- 27
(a) the authorised officer reasonably believes the thing is 28
evidence of an offence against this Act; and 29
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(b) seizure of the thing is consistent with the purpose of 1
entry as explained to the occupier when asking for the 2
occupier's consent. 3
(3) If the authorised officer enters the place under a warrant, the 4
authorised officer may seize the evidence for which the 5
warrant was issued. 6
(4) The authorised officer may also seize anything else at the 7
place if the authorised officer reasonably believes-- 8
(a) the thing is evidence of an offence against this Act; and 9
(b) the seizure is necessary to prevent the thing being-- 10
(i) hidden, lost or destroyed; or 11
(ii) used to continue, or repeat, the offence. 12
(5) The authorised officer may also seize a thing at the place if the 13
authorised officer reasonably believes it has just been used in 14
committing an offence against this Act. 15
162 Seizure of property subject to security 16
(1) An authorised officer may seize a thing, and exercise powers 17
relating to the thing, despite a lien or other security over the 18
thing claimed by another person. 19
(2) However, the seizure does not affect the other person's claim 20
to the lien or other security against a person other than the 21
authorised officer or a person acting for the authorised officer. 22
Subdivision 2 Powers to support seizure 23
163 Requirement of person in control of thing to be seized 24
(1) To enable a thing to be seized, an authorised officer may 25
require the person in control of it-- 26
(a) to take it to a stated reasonable place by a stated 27
reasonable time; and 28
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(b) if necessary, to remain in control of it at the stated place 1
for a stated reasonable period. 2
(2) The requirement-- 3
(a) must be made by notice; or 4
(b) if for any reason it is not practicable to give a notice, 5
may be made orally and confirmed by notice as soon as 6
practicable. 7
164 Offence to contravene seizure requirement 8
A person of whom a requirement is made under section 163 9
must comply with the requirement unless the person has a 10
reasonable excuse. 11
Maximum penalty--50 penalty units. 12
165 Power to secure seized thing 13
(1) Having seized a thing under this division, an authorised 14
officer may-- 15
(a) leave it at the place where it was seized (the place of 16
seizure) and take reasonable action to restrict access to 17
it; or 18
(b) move it from the place of seizure. 19
(2) For subsection (1)(a), the authorised officer may, for 20
example-- 21
(a) seal the thing, or the entrance to the place of seizure, and 22
mark the thing or place to show access to the thing or 23
place is restricted; or 24
(b) for equipment--make it inoperable; or 25
Example-- 26
make it inoperable by dismantling it or removing a component 27
without which the equipment can not be used 28
(c) require a person the authorised officer reasonably 29
believes is in control of the place or thing to do an act 30
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mentioned in paragraph (a) or (b) or anything else an 1
authorised officer could do under subsection (1)(a). 2
166 Offence to contravene other seizure requirement 3
A person must comply with a requirement made of the person 4
under section 165(2)(c) unless the person has a reasonable 5
excuse. 6
Maximum penalty--50 penalty units. 7
167 Offence to interfere 8
(1) If access to a seized thing is restricted under section 165, a 9
person must not tamper with the thing or with anything used 10
to restrict access to the thing without-- 11
(a) an authorised officer's approval; or 12
(b) a reasonable excuse. 13
Maximum penalty--50 penalty units. 14
(2) If access to a place is restricted under section 165, a person 15
must not enter the place in contravention of the restriction or 16
tamper with anything used to restrict access to the place 17
without-- 18
(a) an authorised officer's approval; or 19
(b) a reasonable excuse. 20
Maximum penalty--50 penalty units. 21
Subdivision 3 Safeguards for seized things 22
168 Receipt and information notice for seized thing 23
(1) This section applies if an authorised officer seizes anything 24
under this division unless-- 25
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(a) the authorised officer reasonably believes there is 1
no-one apparently in possession of the thing or it has 2
been abandoned; or 3
(b) because of the condition, nature and value of the thing it 4
would be unreasonable to require the authorised officer 5
to comply with this section. 6
(2) The authorised officer must, as soon as practicable after 7
seizing the thing, give an owner or person in control of the 8
thing before it was seized-- 9
(a) a receipt for the thing that generally describes the thing 10
and its condition; and 11
(b) an information notice about the decision to seize it. 12
(3) However, if an owner or person from whom the thing is seized 13
is not present when it is seized, the receipt and information 14
notice may be given by leaving them in a conspicuous 15
position and in a reasonably secure way at the place at which 16
the thing is seized. 17
(4) The receipt and information notice may-- 18
(a) be given in the same document; and 19
(b) relate to more than one seized thing. 20
(5) The authorised officer may delay giving the receipt and 21
information notice if the authorised officer reasonably 22
suspects giving them may frustrate or otherwise hinder an 23
investigation by the authorised officer under this Act. 24
(6) However, the delay may be only for so long as the authorised 25
officer continues to have the reasonable suspicion and 26
remains in the vicinity of the place at which the thing was 27
seized to keep it under observation. 28
169 Access to seized thing 29
(1) Until a seized thing is forfeited or returned, the authorised 30
officer who seized the thing must allow an owner of the 31
thing-- 32
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(a) to inspect it at any reasonable time and from time to 1
time; and 2
(b) if it is a document--to copy it. 3
(2) Subsection (1) does not apply if it is impracticable or would 4
be unreasonable to allow the inspection or copying. 5
(3) The inspection or copying must be allowed free of charge. 6
170 Return of seized thing 7
(1) This section applies if a seized thing has some intrinsic value 8
and is not forfeited or transferred under subdivision 4 or 5. 9
(2) The authorised officer must return the seized thing to an 10
owner-- 11
(a) generally--at the end of 6 months after the seizure; or 12
(b) if a proceeding for an offence involving the thing is 13
started within the 6 months--at the end of the 14
proceeding and any appeal from the proceeding. 15
(3) Despite subsection (2), if the thing was seized as evidence, the 16
authorised officer must return the thing seized to an owner as 17
soon as practicable after the authorised officer is satisfied-- 18
(a) its continued retention as evidence is no longer 19
necessary; and 20
(b) its continued retention is not necessary to prevent it 21
being used to continue, or repeat, an offence against this 22
Act; and 23
(c) it is lawful for the owner to possess it. 24
(4) Nothing in this section affects a lien or other security over the 25
seized thing. 26
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Subdivision 4 Forfeiture 1
171 Forfeiture by chief executive decision 2
(1) The chief executive may decide a seized thing is forfeited to 3
the State if an authorised officer-- 4
(a) after making reasonable enquiries, can not find an 5
owner; or 6
(b) after making reasonable efforts, can not return it to an 7
owner. 8
(2) However, the authorised officer is not required to-- 9
(a) make enquiries if it would be unreasonable to make 10
enquiries to find an owner; or 11
(b) make efforts if it would be unreasonable to make efforts 12
to return the thing to an owner. 13
Example for paragraph (b)-- 14
the owner of the thing has migrated to another country 15
(3) Regard must be had to the thing's condition, nature and value 16
in deciding-- 17
(a) whether it is reasonable to make enquiries or efforts; and 18
(b) if enquiries or efforts are made--what enquiries or 19
efforts, including the period over which they are made, 20
are reasonable. 21
172 Information notice about forfeiture decision 22
(1) If the chief executive decides under section 171(1) to forfeit a 23
thing, the chief executive must as soon as practicable give a 24
person who owned the thing immediately before the forfeiture 25
(the former owner) an information notice about the decision. 26
(2) The information notice may be given by leaving it at the place 27
where the thing was seized, in a conspicuous position and in a 28
reasonably secure way. 29
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(3) The information notice must state that the former owner may 1
apply for a stay of the decision if he or she appeals against the 2
decision. 3
(4) However, subsections (1) to (3) do not apply if the place 4
where the thing was seized is-- 5
(a) a public place; or 6
(b) a place where the notice is unlikely to be read by the 7
former owner. 8
Subdivision 5 Dealing with property forfeited or 9
transferred to State 10
173 When thing becomes property of the State 11
A thing becomes the property of the State if-- 12
(a) the thing is forfeited to the State under section 171(1); 13
or 14
(b) the owner of the thing and the State agree, in writing, to 15
the transfer of the ownership of the thing to the State. 16
174 How property may be dealt with 17
(1) This section applies if, under section 173, a thing becomes the 18
property of the State. 19
(2) The chief executive may deal with the thing as the chief 20
executive considers appropriate, including, for example, by 21
destroying it or giving it away. 22
(3) The chief executive must not deal with the thing in a way that 23
could prejudice the outcome of an appeal against the 24
forfeiture under this part. 25
(4) If the chief executive sells the thing, the chief executive may, 26
after deducting the costs of the sale, return the proceeds of the 27
sale to the former owner of the thing. 28
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Division 5 Other information-obtaining powers 1
175 Power to require name and address 2
(1) This section applies if an authorised officer-- 3
(a) finds a person committing an offence against this Act; or 4
(b) finds a person in circumstances that lead the authorised 5
officer to reasonably suspect the person has just 6
committed an offence against this Act; or 7
(c) has information that leads the authorised officer to 8
reasonably suspect a person has just committed an 9
offence against this Act. 10
(2) The authorised officer may require the person to state the 11
person's name and residential address. 12
(3) The authorised officer may also require the person to give 13
evidence of the correctness of the stated name or address if, in 14
the circumstances, it would be reasonable to expect the person 15
to-- 16
(a) be in possession of evidence of the correctness of the 17
stated name or address; or 18
(b) otherwise be able to give the evidence. 19
(4) When making a personal details requirement, the authorised 20
officer must give the person an offence warning for the 21
requirement. 22
(5) A requirement under this section is a personal details 23
requirement. 24
176 Offence to contravene personal details requirement 25
(1) A person of whom a personal details requirement has been 26
made must comply with the requirement unless the person has 27
a reasonable excuse. 28
Maximum penalty--50 penalty units. 29
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(2) A person may not be convicted of an offence under subsection 1
(1) unless the person is found guilty of the offence in relation 2
to which the personal details requirement was made. 3
177 Power to require evidence of age, name and address of 4
person suspected of being underage carer 5
(1) This section applies if an authorised officer reasonably 6
suspects-- 7
(a) an offence is being committed, or has just been 8
committed, against section 132(1) or (2) in relation to a 9
stand-alone service; and 10
(b) a person-- 11
(i) is a carer in the service; and 12
(ii) is not an adult. 13
(2) The authorised officer may require the person to state the 14
person's correct date of birth, whether or not when requiring 15
the person to state the person's correct name and address. 16
(3) Also, the authorised officer may require the person to give 17
evidence of the correctness of the stated date of birth if, in the 18
circumstances, it would be reasonable to expect the person to 19
be in possession of evidence of the correctness of the stated 20
date of birth or to otherwise be able to give the evidence. 21
(4) The authorised officer may require the person to state the 22
person's name and residential address if-- 23
(a) the person refuses, or is unable, to comply with a 24
requirement under subsection (2) or (3); or 25
(b) according to the date of birth the person states, or the 26
evidence of the person's age the person gives, the person 27
is a child. 28
(5) A person of whom a requirement is made under this section 29
must comply with the requirement, unless the person has a 30
reasonable excuse. 31
Maximum penalty--1 penalty unit. 32
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(6) A person does not commit an offence against subsection (5) 1
unless it is proved an offence was committed against section 2
132(1) or (2) in relation to the stand-alone service in which it 3
was suspected the person was a carer. 4
178 Power to require production of document 5
(1) An authorised officer may require a person to make available 6
for inspection by an authorised officer, or to produce to the 7
authorised officer for inspection, at a reasonable time and 8
place nominated by the authorised officer-- 9
(a) if the person is an approved provider for a QEC 10
approved service-- 11
(i) the service approval for the service; or 12
(ii) a document evidencing that the insurance cover 13
required under section 49(2)(c) is in force; or 14
(b) if the officer knows, or reasonably suspects, the person 15
is conducting a stand-alone service--a document 16
evidencing that the insurance cover required under 17
section 135 is in force; or 18
(c) if the person is conducting a QEC service--a current 19
positive notice or current positive exemption notice held 20
by the person; or 21
(d) any other document issued to the person under this Act; 22
or 23
(e) any other document required to be kept by the person 24
under this Act; or 25
(f) if a document or information required to be kept by the 26
person under this Act is stored or recorded by means of 27
a device--a document that is a clear written 28
reproduction of the stored or recorded document or 29
information. 30
(2) A requirement under subsection (1) is a document production 31
requirement. 32
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(3) For an electronic document, compliance with the document 1
production requirement requires the making available or 2
production of a clear written reproduction of the electronic 3
document. 4
(4) The authorised officer may keep the document to copy it. 5
(5) If the authorised officer copies the document, or an entry in 6
the document, the authorised officer may require the person 7
responsible for keeping the document to certify the copy as a 8
true copy of the document or entry. 9
(6) A requirement under subsection (5) is a document 10
certification requirement. 11
(7) The authorised officer must return the document to the person 12
as soon as practicable after copying it. 13
(8) However, if a document certification requirement is made of a 14
person, the authorised officer may keep the document until the 15
person complies with the requirement. 16
179 Offence to contravene document production requirement 17
(1) A person of whom a document production requirement has 18
been made must comply with the requirement unless the 19
person has a reasonable excuse. 20
Maximum penalty--50 penalty units. 21
(2) Subject to subsection (3), it is a reasonable excuse for a 22
person to fail to comply with a document production 23
requirement on the basis that complying with the requirement 24
might tend to incriminate the person or expose the person to a 25
penalty. 26
(3) It is not a reasonable excuse for a person to fail to comply 27
with a document production requirement for the following 28
documents on the basis that complying with the requirement 29
might tend to incriminate the person or expose the person to a 30
penalty-- 31
(a) a document issued to the person under this Act; 32
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(b) a document required to be kept by the person under this 1
Act. 2
Note-- 3
See, however, section 189. 4
(4) The authorised officer must inform the person, in a way that is 5
reasonable in the circumstances-- 6
(a) that the person must comply with the document 7
production requirement even though complying might 8
tend to incriminate the person or expose the person to a 9
penalty; and 10
(b) that, under section 189, there is a limited immunity 11
against the future use of the information or document 12
given in compliance with the requirement. 13
(5) If the person fails to comply with the document production 14
requirement when the authorised officer has failed to comply 15
with subsection (4), the person can not be convicted of the 16
offence against subsection (1). 17
(6) If a court convicts a person of an offence against subsection 18
(1), the court may, as well as imposing a penalty for the 19
offence, order the person to comply with the document 20
production requirement. 21
180 Offence to contravene document certification 22
requirement 23
(1) A person of whom a document certification requirement has 24
been made must comply with the requirement unless the 25
person has a reasonable excuse. 26
Maximum penalty--50 penalty units. 27
(2) It is not a reasonable excuse for a person to fail to comply 28
with a document certification requirement on the basis that 29
complying with the requirement might tend to incriminate the 30
person or expose the person to a penalty. 31
Note-- 32
See, however, section 189. 33
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(3) The authorised officer must inform the person, in a way that is 1
reasonable in the circumstances-- 2
(a) that the person must comply with the document 3
certification requirement even though complying might 4
tend to incriminate the person or expose the person to a 5
penalty; and 6
(b) that, under section 189, there is a limited immunity 7
against the future use of the information or document 8
given in compliance with the requirement. 9
(4) If the person fails to comply with the document certification 10
requirement when the authorised officer has failed to comply 11
with subsection (3), the person can not be convicted of the 12
offence against subsection (1). 13
181 Power to require information 14
(1) This section applies if an authorised officer reasonably 15
believes-- 16
(a) an offence against this Act has been committed; and 17
(b) a person may be able to give information about the 18
offence. 19
(2) The authorised officer may, by notice given to the person, 20
require the person to give the authorised officer information 21
related to the offence at a stated reasonable time and place. 22
(3) A requirement under subsection (2) is an information 23
requirement. 24
(4) For information that is an electronic document, compliance 25
with the information requirement requires the giving of a clear 26
image or written version of the electronic document. 27
(5) In this section-- 28
information includes a document. 29
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182 Offence to contravene information requirement 1
(1) A person of whom an information requirement is made must 2
comply with the requirement unless the person has a 3
reasonable excuse. 4
Maximum penalty--50 penalty units. 5
(2) It is a reasonable excuse for an individual not to give the 6
information if giving the information might tend to 7
incriminate the individual or expose the individual to a 8
penalty. 9
Division 6 Miscellaneous provisions relating 10
to authorised officers 11
Subdivision 1 Damage 12
183 Duty to avoid inconvenience and minimise damage 13
In exercising a power, an authorised officer must take all 14
reasonable steps to cause as little inconvenience, and do as 15
little damage, as possible. 16
Note-- 17
See also section 185 (Compensation). 18
184 Notice of damage 19
(1) This section applies if-- 20
(a) an authorised officer damages something when 21
exercising, or purporting to exercise, a power; or 22
(b) a person (the assistant) acting under the direction or 23
authority of an authorised officer damages something. 24
(2) However, this section does not apply to damage the 25
authorised officer reasonably considers is trivial or if the 26
authorised officer reasonably believes-- 27
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(a) there is no-one apparently in possession of the thing; or 1
(b) the thing has been abandoned. 2
(3) The authorised officer must give notice of the damage to the 3
person who appears to the authorised officer to be an owner, 4
or person in control, of the thing. 5
(4) However, if for any reason it is not practicable to comply with 6
subsection (3), the authorised officer must-- 7
(a) leave the notice at the place where the damage 8
happened; and 9
(b) ensure it is left in a conspicuous position and in a 10
reasonably secure way. 11
(5) The authorised officer may delay complying with subsection 12
(3) or (4) if the authorised officer reasonably suspects 13
complying with the subsection may frustrate or otherwise 14
hinder the performance of an authorised officer's functions. 15
(6) The delay may be only for so long as the authorised officer 16
continues to have the reasonable suspicion and remains in the 17
vicinity of the place. 18
(7) If the authorised officer believes the damage was caused by a 19
latent defect in the thing or other circumstances beyond the 20
control of the authorised officer or the assistant, the 21
authorised officer may state the belief in the notice. 22
(8) The notice must state-- 23
(a) particulars of the damage; and 24
(b) that the person who suffered the damage may claim 25
compensation under section 185. 26
Subdivision 2 Compensation 27
185 Compensation 28
(1) A person may claim compensation from the State if the person 29
incurs loss because of the exercise, or purported exercise, of a 30
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power by or for an authorised officer including a loss arising 1
from compliance with a requirement made of the person under 2
this part. 3
(2) However, subsection (1) does not include loss arising from a 4
lawful seizure or lawful forfeiture. 5
(3) The compensation may be claimed and ordered in a 6
proceeding-- 7
(a) brought in a court with jurisdiction for the recovery of 8
the amount of compensation claimed; or 9
(b) for an alleged offence against this Act the investigation 10
of which gave rise to the claim for compensation. 11
(4) A court may order the payment of compensation only if it is 12
satisfied it is just to make the order in the circumstances of the 13
particular case. 14
(5) In considering whether it is just to order compensation, the 15
court must have regard to any relevant offence committed by 16
the claimant. 17
(6) A regulation may prescribe other matters that may, or must, 18
be taken into account by the court when considering whether 19
it is just to order compensation. 20
(7) Section 183 does not provide for a statutory right of 21
compensation other than is provided by this section. 22
(8) In this section-- 23
loss includes costs and damage. 24
Subdivision 3 Other offences relating to 25
authorised officers 26
186 Giving authorised officer false or misleading information 27
(1) A person must not, in relation to the administration of this 28
Act, give an authorised officer information, or a document 29
containing information, that the person knows is false or 30
misleading in a material particular. 31
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Maximum penalty--50 penalty units. 1
(2) Subsection (1) applies to information or a document given in 2
relation to the administration of this Act whether or not the 3
information or document was given in response to a specific 4
power under this Act. 5
187 Obstructing authorised officer 6
(1) A person must not obstruct an authorised officer, or someone 7
helping an authorised officer, exercising a power unless the 8
person has a reasonable excuse. 9
Maximum penalty--100 penalty units. 10
(2) If a person has obstructed an authorised officer, or someone 11
helping an authorised officer, and the authorised officer 12
decides to proceed with the exercise of the power, the 13
authorised officer must warn the person that-- 14
(a) it is an offence to cause an obstruction unless the person 15
has a reasonable excuse; and 16
(b) the authorised officer considers the person's conduct an 17
obstruction. 18
(3) In this section-- 19
obstruct includes assault, hinder, resist, attempt to obstruct 20
and threaten to obstruct. 21
188 Impersonating authorised officer 22
A person must not impersonate an authorised officer. 23
Maximum penalty--50 penalty units. 24
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Subdivision 4 Other provisions 1
189 Evidential immunity for individuals complying with 2
particular requirements 3
(1) Subsection (2) applies if an individual gives or produces 4
information or a document to an authorised officer under 5
section 158 or 178. 6
(2) Evidence of the information or document, and other evidence 7
directly or indirectly derived from the information or 8
document, is not admissible against the individual in any 9
proceeding to the extent it tends to incriminate the individual, 10
or expose the individual to a penalty, in the proceeding. 11
(3) Subsection (2) does not apply to a proceeding about the false 12
or misleading nature of the information or anything in the 13
document or in which the false or misleading nature of the 14
information or document is relevant evidence. 15
Division 7 Monitoring suitability of relevant 16
persons 17
190 Suitability of persons in home in which stand-alone 18
education and care is provided 19
(1) An authorised officer may ask a carer who provides 20
stand-alone education and care in a home to apply for a 21
prescribed notice or exemption notice about a person if the 22
officer knows, or reasonably suspects, the person-- 23
(a) is an occupant of the home; and 24
(b) has a criminal history that may make the person 25
unsuitable to be present in a home while education and 26
care is provided in the home. 27
(2) When asking the carer to apply for the prescribed notice or 28
exemption notice, the authorised officer must warn the carer 29
that, if the carer does not make the application within 14 days, 30
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the officer may give a direction that education and care must 1
not be provided in the home. 2
(3) Subsection (4) applies if-- 3
(a) the carer does not apply for the prescribed notice or 4
exemption notice within 14 days; or 5
(b) the carer makes an application for the prescribed notice 6
or exemption notice within 14 days but it is withdrawn 7
before it is decided. 8
(4) The authorised officer may give a notice to the carer directing 9
the carer not to provide education and care in the home. 10
Note-- 11
Under section 133, it is an offence for a carer in a stand-alone service to 12
provide education and care at a home if a notice under this section is in 13
force. 14
(5) If, at any time, an authorised officer learns that each occupant 15
of a home in relation to whom a request has been made under 16
subsection (1) has a current positive notice or current positive 17
exemption notice, the officer must cancel each notice given 18
under subsection (4) in relation to the home. 19
(6) If an authorised officer cancels a notice given to a person 20
under subsection (4), the officer must notify the person of the 21
cancellation as soon as is practicable unless, after making 22
reasonable enquiries, the officer can not locate the person. 23
(7) This section applies only in relation to an occupant of a home 24
who is an adult. 25
191 Chief executive may obtain information about suitability 26
checks 27
(1) This section applies to the following individuals-- 28
(a) the approved provider of a QEC approved service; 29
(b) a carer in a stand-alone service; 30
(c) a supervisor, educator or staff member of a QEC 31
service; 32
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(d) a person with management or control of a QEC service; 1
(e) an adult occupant of a home in which stand-alone 2
education and care is provided; 3
(f) an adult if a carer who provides stand-alone education 4
and care in a home has been asked under section 190 to 5
apply for a prescribed notice or exemption notice about 6
the adult. 7
(2) On receiving a written request from the chief executive, the 8
children's commissioner must give the chief executive the 9
following information about a stated individual mentioned in 10
subsection (1)-- 11
(a) whether an application for a prescribed notice or 12
exemption notice for the individual has been made and, 13
if so-- 14
(i) the date of the application; and 15
(ii) if the application has been withdrawn or the 16
individual has withdrawn his or her consent to 17
employment screening--the date of the 18
withdrawal; 19
(b) whether a prescribed notice or exemption notice is in 20
force for the individual and, if so-- 21
(i) the date of issue of the notice; and 22
(ii) whether it is a positive notice, negative notice, 23
positive exemption notice or negative exemption 24
notice; 25
(c) whether a prescribed notice or exemption notice held by 26
the individual has been cancelled and, if so, the date of 27
the cancellation. 28
(3) The children's commissioner may give the chief executive the 29
information mentioned in subsection (2)(c) about an 30
individual whether or not the chief executive has requested the 31
information. 32
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192 Notification that an occupant is a disqualified person 1
(1) This section applies if-- 2
(a) an occupant of a home is a disqualified person; and 3
(b) an authorised officer knows, or reasonably suspects, that 4
someone else (the second person) provides, or proposes 5
to provide, education and care in the course of a 6
stand-alone service at the home. 7
(2) The officer may notify the second person that the occupant is 8
a disqualified person. 9
Division 8 Compliance 10
Subdivision 1 Compliance notices 11
193 Compliance notice 12
(1) This section applies if an authorised officer reasonably 13
believes a person-- 14
(a) is contravening a provision of this Act; or 15
(b) has contravened a provision of this Act in circumstances 16
that make it likely the contravention will continue or be 17
repeated. 18
(2) The authorised officer may give the person a notice (a 19
compliance notice) requiring the person to remedy the 20
contravention. 21
(3) The compliance notice must state the following-- 22
(a) that the authorised officer reasonably believes the 23
person-- 24
(i) is contravening a provision of this Act; or 25
(ii) has contravened a provision of this Act in 26
circumstances that make it likely the contravention 27
will continue or be repeated; 28
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(b) the provision the officer believes is being, or has been, 1
contravened (the relevant provision); 2
(c) briefly, how it is believed the relevant provision is being, 3
or has been, contravened; 4
(d) that the person must remedy the contravention within a 5
stated reasonable time; 6
(e) that it is an offence to fail to comply with the 7
compliance notice unless the person has a reasonable 8
excuse. 9
(4) The compliance notice may also state the steps that the 10
authorised officer reasonably believes are necessary to 11
remedy the contravention, or avoid further contravention, of 12
the relevant provision. 13
(5) The person must comply with the compliance notice unless 14
the person has a reasonable excuse. 15
Maximum penalty-- 16
(a) if it is an offence to contravene the relevant 17
provision--the maximum penalty for contravening that 18
provision; or 19
(b) otherwise--5 penalty units. 20
(6) If it is an offence to contravene the relevant provision, the 21
person can not be prosecuted for that offence unless the 22
person fails to comply with the compliance notice and does 23
not have a reasonable excuse for the noncompliance. 24
194 Compliance with Building Act requirements for QEC 25
approved service 26
(1) This section applies if an authorised officer reasonably 27
believes a QEC approved service does not comply with a 28
Building Act requirement. 29
(2) The authorised officer may give the approved provider of the 30
service a notice requiring the approved provider to comply 31
with the Building Act requirement within a stated time of at 32
least 30 days. 33
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(3) Subsection (4) applies if, after the time stated in the notice, the 1
authorised officer reasonably believes the QEC approved 2
service still does not comply with the Building Act 3
requirement. 4
(4) The authorised officer may give the approved provider a 5
notice requiring the provider to obtain, and give to the chief 6
executive within a stated period of at least 30 days, a written 7
certificate from a building certifier stating that the service 8
complies with the Building Act requirement. 9
Note-- 10
Failure to comply with this notice is a ground for suspension or 11
cancellation of the provider approval under section 25. 12
Subdivision 2 Emergency action notices 13
195 Emergency action notices 14
(1) This section applies if the chief executive is satisfied a QEC 15
approved service is operating in a manner that poses, or is 16
likely to pose, an immediate risk to the safety, health or 17
wellbeing of a child or children being educated and cared for 18
by the service. 19
(2) The chief executive may, by notice, direct the approved 20
provider of the service to take the steps specified in the notice 21
to remove or reduce the risk within the time (not more than 14 22
days) specified in the notice. 23
(3) An approved provider must comply with a direction given 24
under subsection (2). 25
Maximum penalty--100 penalty units. 26
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Subdivision 3 Prohibition notices 1
196 Basis for giving a prohibition notice 2
The chief executive may give a prohibition notice to a person 3
if the chief executive is reasonably satisfied-- 4
(a) the person is involved in the provision of education and 5
care at a QEC service; and 6
(b) there would be an unacceptable risk of harm to a child 7
or children if the person were allowed to provide 8
education and care for children. 9
197 Show cause notice to be given before prohibition notice 10
(1) Before giving a person a prohibition notice, the chief 11
executive must give the person a notice (a show cause 12
notice)-- 13
(a) stating that the chief executive proposes to give the 14
person a prohibition notice; and 15
(b) stating the reasons for the proposed prohibition; and 16
(c) inviting the person to make a written submission to the 17
chief executive, within a stated time of at least 14 days, 18
about the proposed prohibition. 19
(2) Subsection (1) does not apply if the chief executive is satisfied 20
it is necessary, in the interests of the safety, health or 21
wellbeing of a child or children, to immediately issue a 22
prohibition notice to the person. 23
198 Deciding whether to issue prohibition notice 24
(1) If the chief executive gives a show cause notice to a person, 25
the chief executive must have regard to any written 26
submission received from the person within the time stated in 27
the show cause notice before deciding whether to give the 28
person a prohibition notice. 29
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(2) If the chief executive decides not to issue a prohibition notice 1
to the person, the chief executive must give the person notice 2
of the decision. 3
199 Content of prohibition notice 4
A prohibition notice given to a person must state-- 5
(a) that the person is prohibited from doing any of the 6
following-- 7
(i) providing education and care to children for a QEC 8
service or an education and care service under the 9
Education and Care Services National Law 10
(Queensland); 11
(ii) being engaged as a supervisor, educator, contractor 12
or other staff member of, or being a volunteer for, a 13
QEC service or an education and care service 14
under the Education and Care Services National 15
Law (Queensland); 16
(iii) carrying out any other activity relating to an a QEC 17
service or an education and care service under the 18
Education and Care Services National Law 19
(Queensland); 20
(iv) providing care for a child, other than a child of 21
whom the person is a parent, for reward; and 22
(b) that the person may apply for cancellation of the notice; 23
and 24
(c) how an application for cancellation must be made. 25
200 Chief executive must give notice to children's 26
commissioner 27
(1) If the chief executive gives a prohibition notice to a person, 28
the chief executive must give the children's commissioner a 29
notice (an initial notice) stating only-- 30
(a) the person's name and address; and 31
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(b) the person's date and place of birth, if that information is 1
within the chief executive's knowledge; and 2
(c) that the chief executive has given the person a 3
prohibition notice. 4
(2) If the initial notice includes the person's date and place of 5
birth, the chief executive must give the commissioner a further 6
notice under subsection (4) (a further notice) if the 7
commissioner-- 8
(a) requests additional relevant information about the 9
prohibition notice; and 10
(b) notifies the chief executive the person has applied for, or 11
holds, a prescribed notice or an exemption notice. 12
(3) However, if the initial notice does not include the person's 13
date and place of birth, the chief executive may give the 14
commissioner a further notice only if-- 15
(a) the commissioner-- 16
(i) requests additional relevant information about the 17
prohibition notice; and 18
(ii) notifies the chief executive the person has applied 19
for, or holds, a prescribed notice or an exemption 20
notice; and 21
(iii) includes the person's date and place of birth in the 22
request; and 23
(b) the chief executive confirms with the person that the 24
date and place of birth stated in the commissioner's 25
request are the person's date and place of birth. 26
(4) A further notice must state-- 27
(a) when the conduct that caused the chief executive to give 28
the prohibition notice to the person happened; and 29
(b) the nature of the conduct; and 30
(c) any other information the chief executive reasonably 31
considers relevant for employment screening under the 32
Commissioner's Act, chapter 8. 33
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Example for paragraph (c)-- 1
details about the nature of the prohibition notice 2
(5) If the chief executive gives the commissioner a further notice 3
and the prohibition notice is later set aside on review or 4
appeal, the chief executive must give the commissioner a 5
notice stating-- 6
(a) that the prohibition notice has been set aside; and 7
(b) the reason for setting the prohibition notice aside given 8
by the decision-maker who set it aside. 9
(6) If the chief executive gave a prohibition notice to a person 10
because of the person's conduct in relation to a particular 11
child, an initial notice or a further notice must not contain 12
information that identifies, or is likely to identify, the child. 13
201 Cancellation of prohibition notice 14
(1) If the chief executive is satisfied there is not a sufficient 15
reason for a prohibition notice to remain in force for a person, 16
the chief executive must cancel the prohibition notice and give 17
the person notice of the cancellation. 18
(2) A person for whom a prohibition notice is in force may apply 19
to the chief executive to cancel the notice. 20
(3) The application must be in the approved form and 21
accompanied by any fee prescribed under a regulation. 22
(4) The person may state in the application anything the person 23
considers relevant to the chief executive's decision about 24
whether there would be an unacceptable risk of harm to 25
children if the person were-- 26
(a) to be involved in the provision of education and care at a 27
QEC service; or 28
(b) to provide education and care for children. 29
(5) The application may include a statement setting out any 30
change in the person's circumstances since the prohibition 31
notice was given or since any previous application under this 32
section that would warrant the cancellation of the notice. 33
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(6) The chief executive must decide the application as soon as 1
practicable after its receipt. 2
202 Person must not contravene prohibition notice under this 3
Act 4
(1) Subsection (2) applies while a prohibition notice is in force 5
for a person under this Act or the Education and Care Services 6
National Law (Queensland). 7
(2) The person must not-- 8
(a) provide regulated education and care for a QEC service; 9
or 10
(b) be engaged as a supervisor, employee, contractor or staff 11
member of, or perform volunteer services for, a QEC 12
service; or 13
(c) carry out any other activity relating to a QEC service; or 14
(d) provide care of a child, other than a child of whom the 15
person is a parent, for reward. 16
Maximum penalty--100 penalty units. 17
(3) Subsection (4) applies while a prohibition notice is in force 18
for a person under this Act. 19
(4) The person must not-- 20
(a) provide education and care to children for an education 21
and care service under the Education and Care Services 22
National Law (Queensland); or 23
(b) be engaged as a supervisor, educator, contractor or other 24
staff member of, or be a volunteer for, an education and 25
care service under the Education and Care Services 26
National Law (Queensland); or 27
(c) carry out any other activity relating to an education and 28
care service under the Education and Care Services 29
National Law (Queensland). 30
Maximum penalty--100 penalty units. 31
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203 Approved provider must not engage person to whom 1
prohibition notice applies 2
(1) This section applies if an approved provider knows, or ought 3
reasonably to know, a prohibition notice is in force under this 4
Act or the Education and Care Services National Law 5
(Queensland). 6
(2) The approved provider must not engage the person as a 7
supervisor, educator, employee, contractor or staff member of, 8
or allow a person to perform volunteer services for, a QEC 9
service. 10
Maximum penalty--100 penalty units. 11
Division 9 Publication about enforcement 12
action 13
204 Compliance and enforcement information 14
(1) For section 215, the chief executive may publish on the 15
department's website the information stated in subsection (3) 16
for any enforcement action stated in subsection (2). 17
(2) The enforcement actions are-- 18
(a) a prosecution for an offence against this Act leading to a 19
conviction; or 20
(b) the giving of a compliance notice; or 21
(c) the suspension or cancellation (other than a voluntary 22
suspension or surrender) of a provider approval or 23
service approval; or 24
(d) an amendment made to a provider approval or service 25
approval for the purposes of enforcement; or 26
(e) a prohibition notice. 27
(3) The following information may be published on the 28
department's website-- 29
(a) the nature of the enforcement action; 30
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(b) the details of the person in relation to whom the 1
enforcement action was taken, including-- 2
(i) for an approved provider--the provider's name, 3
the address of the provider's QEC service premises 4
and the name under which the service is 5
conducted; or 6
(ii) for a stand-alone service--the name under which 7
the service is conducted and its address, if the 8
service is not conducted from a home; or 9
(iii) for an individual--the name of the individual; 10
(c) the reason for taking the enforcement action, including 11
details of the breach or alleged breach by the person of 12
this Act and the provision that was breached or alleged 13
to be breached; 14
(d) details of the enforcement action taken, including-- 15
(i) for a prosecution leading to a conviction-- 16
(A) the provision of this Act that the person was 17
convicted of breaching; and 18
(B) the date of the conviction; and 19
(C) any penalty imposed for the offence; and 20
(D) information about any steps taken to remedy 21
the subject of the prosecution and the date 22
the steps were taken; or 23
(ii) for a compliance notice-- 24
(A) the steps specified in the compliance notice 25
that the person must take to comply with this 26
Act; and 27
(B) the date specified in the notice by which the 28
steps must be taken; and 29
(C) information about any steps taken to remedy 30
the subject of the compliance notice and the 31
date the steps were taken; or 32
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(iii) for the amendment of a provider approval or 1
service approval-- 2
(A) the details of the amendment; and 3
(B) the date the amendment took effect; or 4
(iv) for a suspension of a provider approval or service 5
approval-- 6
(A) the date the suspension took effect; and 7
(B) the date the suspension ends; or 8
(v) for a cancellation of a provider approval or service 9
approval--the date the cancellation took effect. 10
(4) In this section, a reference to information does not include 11
information that could identify or lead to the identification of 12
a child. 13
Note-- 14
Section 215(4) further restricts the publication of identifying 15
information. 16
205 When information about enforcement action may be 17
published 18
(1) The chief executive must not publish information about an 19
enforcement action under section 204 until-- 20
(a) for a prosecution for an offence against this Act leading 21
to a conviction--the end of the period within which the 22
person convicted may appeal against the conviction; or 23
(b) for the giving of a compliance notice--the end of the 24
period within which the person given the notice may 25
apply for a review of the decision to give the notice; or 26
(c) for the suspension or cancellation of a provider approval 27
or service approval--the end of the period within which 28
the approved provider may apply for a review of the 29
decision to suspend or cancel the approval; or 30
(d) for an amendment made to a provider approval or 31
service approval for the purposes of enforcement--the 32
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[s 206]
end of the period within which the approved provider 1
may apply for a review of the decision to amend the 2
approval; or 3
(e) for a prohibition notice--the end of the period within 4
which the person given the notice may apply for a 5
review of the decision to give the notice. 6
(2) If the person appeals, or applies for a review-- 7
(a) the chief executive must not publish the information 8
until the appeal or application for review is finally dealt 9
with or otherwise ends; and 10
(b) if the appeal or application for review is finally dealt 11
with, the chief executive may publish the information 12
only to the extent the information is consistent with the 13
decision on appeal or review. 14
206 Period of publication of information 15
(1) The chief executive must ensure information published under 16
this division remains on the department's website until the day 17
that is one year after the day it is published. 18
(2) However, if the information relates to a QEC service and the 19
service approval is transferred to another approved provider 20
before the day mentioned in subsection (1), the chief 21
executive must remove the information from the website as 22
soon as practicable after the transfer takes effect. 23
(3) Subsection (2) does not apply in any of the following 24
circumstances-- 25
(a) if-- 26
(i) before the transfer, the service approval was held 27
by an approved provider that was a corporation; 28
and 29
(ii) after the transfer, a person who is or was an 30
executive officer of the corporation is-- 31
(A) the person, or one of the persons, to whom 32
the service approval was transferred; or 33
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(B) the person, or one of the persons, comprising 1
the approved provider to whom the service 2
approval was transferred; or 3
(C) an executive officer of a corporation to 4
whom the service approval was transferred; 5
(b) if-- 6
(i) before the transfer, the service approval was held 7
by an approved provider that is an individual; and 8
(ii) after the transfer, the individual is-- 9
(A) one of the persons to whom the service 10
approval was transferred; or 11
(B) one of the persons comprising the approved 12
provider to which the service approval was 13
transferred; or 14
(C) an executive officer of a corporation to 15
whom the service approval was transferred; 16
(c) if-- 17
(i) before the transfer, the service approval was held 18
by an approved provider that is group of persons; 19
and 20
(ii) after the transfer, one of the persons is-- 21
(A) the person, or one of the persons, comprising 22
the approved provider to whom the service 23
approval was transferred; or 24
(B) an executive officer of a corporation to 25
whom the service approval was transferred. 26
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Part 6 Monitoring and enforcement
[s 207]
Division 10 Periodic review of QEC approved 1
services 2
207 Chief executive must undertake 3-yearly inspection of 3
QEC approved service 4
(1) The chief executive must ensure that each QEC approved 5
service is inspected by an authorised officer at least once 6
every 3 years to assess whether the service is complying with 7
this Act (the triennial inspection). 8
(2) For subsection (1), a QEC approved service is inspected at 9
least once every 3 years if it is inspected within 3 years of-- 10
(a) the last inspection day; or 11
(b) if there has not been a last inspection day--the day the 12
service became a QEC approved service under this Act. 13
(3) In this section-- 14
last inspection day means-- 15
(a) the day the last triennial inspection was conducted under 16
this Act; or 17
(b) for a centre based service taken to be QEC approved 18
service under part 11 and for which a triennial 19
inspection has not been conducted under this Act--the 20
last day the service had its licence granted or renewed 21
under the repealed Act. 22
208 Procedure for 3-yearly inspection 23
(1) This section applies if an authorised officer enters a QEC 24
approved service to conduct a triennial inspection. 25
(2) The authorised officer must inform the supervisor, or if the 26
supervisor is not present, another adult staff member, of the 27
purpose of the entry. 28
(3) After completing the inspection, the authorised officer must 29
make a written record of the results of the triennial inspection. 30
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Part 7 Review
[s 209]
Part 7 Review 1
Division 1 Review of certain decisions by chief 2
executive 3
209 Approved provider may apply for review of decision to 4
give a compliance notice 5
(1) This section applies if an approved provider is given a 6
compliance notice by an authorised officer. 7
(2) The approved provider may apply in writing to have the 8
decision reviewed by the chief executive within 14 days of 9
receiving the notice. 10
(3) The application must include enough information to enable 11
the chief executive to decide the application. 12
(4) However, if the chief executive considers he or she needs 13
further information to decide the application, the chief 14
executive may ask for the information. 15
(5) The chief executive must review the decision within 30 days 16
after receiving the application and confirm the decision or 17
revoke the compliance notice. 18
(6) The chief executive may extend the period mentioned in 19
subsection (5) by up to 30 days-- 20
(a) if a request for further information is made under 21
subsection (4); or 22
(b) by agreement between the chief executive and the 23
applicant. 24
(7) The chief executive must notify the approved provider in 25
writing of the chief executive's decision on the review as soon 26
as practicable after making the decision. 27
(8) If the chief executive decides to confirm the decision, the 28
notice under subsection (7) must state the reasonable time 29
within which the approved provider must remedy the 30
contravention stated in the compliance notice. 31
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(9) The chief executive must ensure that the application for 1
review of the decision to give the compliance notice is not 2
dealt with by-- 3
(a) the authorised officer who gave the notice; or 4
(b) a person in a less senior position than the authorised 5
officer. 6
210 Approved provider may apply for review of decision to 7
revoke service waiver 8
(1) This section applies if an approved provider is given notice by 9
the chief executive of a decision to revoke a service waiver. 10
(2) The approved provider may apply in writing to have the 11
decision reviewed by the chief executive within 14 days after 12
receiving the notice. 13
(3) The application must include enough information to enable 14
the chief executive to decide the application. 15
(4) However, if the chief executive considers he or she needs 16
further information to decide the application, the chief 17
executive may ask for the information. 18
(5) The chief executive must review the decision within 30 days 19
after receiving the application and either confirm the decision 20
or make any other decision the chief executive considers 21
appropriate. 22
(6) The chief executive may extend the period mentioned in 23
subsection (5) by up to 30 days-- 24
(a) if a request for further information is made under 25
subsection (4); or 26
(b) by agreement between the chief executive and the 27
applicant. 28
(7) The chief executive must notify the approved provider in 29
writing of the chief executive's decision on the review as soon 30
as practicable after making the decision. 31
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Part 7 Review
[s 211]
Division 2 Review by QCAT 1
211 Reviewable decisions 2
(1) A person may apply, as provided under the QCAT Act, to 3
QCAT to have any of the following decisions by the chief 4
executive reviewed-- 5
(a) for an applicant for a provider approval or service 6
approval, a decision to-- 7
(i) refuse to grant the approval; or 8
(ii) grant the approval on a condition; 9
(b) for the holder of a provider approval or service 10
approval, a decision to-- 11
(i) amend the approval other than in a way the 12
approved provider has applied for or agreed to; or 13
(ii) refuse to amend the approval in a way the approved 14
provider has applied for; or 15
(iii) suspend the approval other than on application by 16
the approval holder; or 17
(iv) cancel the approval; or 18
(v) refuse to lift the suspension of the approval; 19
(c) a decision by the chief executive under section 210 to 20
confirm the original decision to revoke a service waiver; 21
(d) a decision by the chief executive under section 209 to 22
confirm the original decision to give a compliance 23
notice; 24
(e) for a personal representative of the estate of an approved 25
provider who has died and who held a service approval, 26
a decision to-- 27
(i) refuse to extend the transitional approval period; or 28
(ii) extend the transitional approval period other than 29
for the further period the personal representative 30
has applied for; 31
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[s 212]
(f) for any person, a decision to-- 1
(i) give a prohibition notice to the person; or 2
(ii) refuse to cancel a prohibition notice in force for the 3
person; or 4
(iii) refuse an application for the transfer of a service 5
approval to the person. 6
(2) Subsection (3) applies if a person makes application under a 7
regulation that states that the decision on the application is a 8
reviewable decision for this section. 9
(3) The person may apply, as provided under the QCAT Act, to 10
QCAT to have the decision reviewed. 11
212 Chief executive or authorised officer must give notice 12
after making reviewable decision 13
(1) Immediately after making a decision mentioned in section 14
211, the chief executive or authorised officer must give the 15
person a notice for the decision complying with the QCAT 16
Act, section 157(2). 17
(2) The chief executive or authorised officer may give a notice for 18
the purpose of complying with subsection (1) and for another 19
purpose. 20
Example-- 21
The chief executive or authorised officer may give a person a prohibition 22
notice stating-- 23
(a) the matters required to be stated under subsection (1) about the 24
decision to give the prohibition notice; and 25
(b) the matters required to be stated in the notice under section 199. 26
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Part 8 Information, records and privacy
[s 213]
Part 8 Information, records and 1
privacy 2
Division 1 Registers 3
213 Register of approved providers 4
(1) The chief executive must keep a register of approved 5
providers. 6
(2) The register of approved providers must contain the following 7
for each approved provider-- 8
(a) the provider's name; 9
(b) the provider's address; 10
(c) any conditions to which the provider's approval is 11
subject; 12
(d) the date the provider's provider approval was granted; 13
(e) the provider's provider approval number; 14
(f) the service approval numbers for all QEC approved 15
services operated by the provider. 16
(3) A person may inspect the register, or obtain a copy of the 17
register or a part of it, on payment of the fee prescribed under 18
a regulation. 19
214 Register of QEC approved services 20
(1) The chief executive must keep a register of QEC approved 21
services. 22
(2) The register of QEC approved services must contain the 23
following information for each service-- 24
(a) the name of the service; 25
(b) the name of the approved provider of the service; 26
(c) the address of the premises for the service; 27
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[s 215]
(d) the contact details for the service; 1
(e) the hours and days of operation of the service; 2
(f) any conditions to which the service's service approval is 3
subject; 4
(g) any service waivers and temporary waivers applying to 5
the service; 6
(h) the maximum number of children who can be cared for 7
by the service at any time; 8
(i) the date the approved provider was granted the service 9
approval for the service; 10
(j) the service approval number for the service; 11
(k) the provider approval number of the approved provider 12
that operates the service. 13
(3) A person may inspect the register, or obtain a copy of the 14
register or a part of it, on payment of the fee prescribed under 15
a regulation. 16
Division 2 Publication 17
215 Publication of information about providers and services 18
(1) The chief executive may publish the following information 19
about each approved provider and each QEC approved 20
service-- 21
(a) the name of the provider or service; 22
(b) the address of the QEC service premises for a service; 23
(c) the contact details for the service; 24
(d) the hours and days of operation of the service; 25
(e) any conditions to which the provider approval or service 26
approval for the service is subject; 27
(f) any service waivers and temporary waivers applying to 28
the service; 29
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[s 216]
(g) the maximum number of children who can be cared for 1
by the service at any time; 2
(h) the date the approved provider was granted the service 3
approval for the service; 4
(i) the service approval number for the service; 5
(j) the provider approval number of the approved provider 6
that operates the service. 7
(2) The chief executive must publish the register of approved 8
providers and QEC approved services on the department's 9
website. 10
(3) The chief executive may publish information about the 11
following on the department's website-- 12
(a) enforcement actions taken under this Act, including 13
information about compliance notices, prosecutions, or 14
suspension of cancellation of approval; 15
(b) other matters prescribed under a regulation. 16
(4) Information published under this section must not include 17
information that could identify or lead to the identification of 18
an individual other than-- 19
(a) an approved provider; or 20
(b) a person who is being prosecuted for an offence against 21
this Act. 22
Division 3 Confidentiality 23
Subdivision 1 Requirements for persons involved 24
in administering this Act 25
216 Duty of confidentiality 26
(1) This section applies to a person-- 27
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Part 8 Information, records and privacy
[s 217]
(a) who is, or has been, the chief executive, a public service 1
employee in the department or an authorised officer; and 2
(b) who, in the course of administering this Act or because 3
of opportunity provided by involvement in 4
administering this Act, has gained, gains or has access 5
to, confidential information about someone else. 6
(2) The person must not record or use the information, or disclose 7
it to anyone, other than under this division. 8
Maximum penalty--40 penalty units. 9
(3) A reference in this section to disclosing information includes 10
producing to someone, or giving someone access to, a 11
document containing the information. 12
(4) In this section-- 13
confidential information means information about a person's 14
affairs, but does not include-- 15
(a) statistical or other information that could not reasonably 16
be expected to result in the identification of the person 17
to whom it relates; or 18
(b) information that is publicly available. 19
217 Recording, use or disclosure for authorised purpose 20
The person may record, use or disclose the information for 21
any of the following-- 22
(a) for a purpose of this Act; 23
(b) if the person to whom the information relates is an adult 24
or a corporation--with the person's consent; 25
(c) if the person to whom the information relates is a 26
child--with the consent of a parent of the child; 27
(d) for a purpose directly related to a child's protection or 28
welfare; 29
(e) in compliance with lawful process requiring production 30
of documents or giving of evidence before a court or 31
tribunal; 32
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Part 8 Information, records and privacy
[s 218]
(f) as expressly permitted or required under another Act. 1
218 Disclosure to relevant entities in other jurisdictions 2
(1) The person may disclose the information to an officer of a 3
department of another State or the Commonwealth 4
responsible for the administration or enforcement of a law 5
about education and care. 6
(2) An entity to whom information is disclosed under subsection 7
(1) must not disclose the information to anyone else other than 8
another entity mentioned in subsection (1). 9
219 Reporting matters of concern to other departments 10
(1) This section applies if the information concerns a matter that 11
the person reasonably believes-- 12
(a) involves a contravention of another Act; and 13
(b) is relevant to ensuring the safe and appropriate conduct 14
of a QEC service or the safe and appropriate provision 15
of education and care to a child. 16
(2) The person may disclose the information to the chief 17
executive of the department in which the other Act is 18
administered. 19
Subdivision 2 Use and disclosure of URL data 20
relating to approved kindergarten 21
programs 22
220 Definitions for sdiv 2 23
In this subdivision-- 24
approved kindergarten program means a program provided 25
by a QEC approved service for which the service receives 26
kindergarten program funding from the department or a 27
central governing body. 28
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Part 8 Information, records and privacy
[s 220]
authorised officer, of a central governing body, means an 1
employee or officer of the central governing body who is 2
authorised in writing by the chief executive to receive, use and 3
disclose URL data for the purposes of this subdivision. 4
central governing body means an entity, prescribed under a 5
regulation, that receives funding from the department for an 6
approved kindergarten program provided by one or more 7
relevant services to which the entity provides all or part of the 8
funding. 9
disability includes a condition attributable to-- 10
(a) a physical, intellectual, hearing, vision or 11
speech-language impairment, or a developmental delay; 12
or 13
(b) an autistic spectrum disorder; or 14
(c) a combination of impairments mentioned in paragraph 15
(a), a developmental delay or an autistic spectrum 16
disorder. 17
relevant service means a QEC approved service that provides 18
an approved kindergarten program. 19
URL data means-- 20
(a) the following information about a child who is enrolled 21
at a relevant service in an approved kindergarten 22
program-- 23
(i) the child's name, date of birth and gender; 24
(ii) the address of the child's primary residence; 25
(iii) whether the child identifies, or has a parent who 26
identifies, as being of Aboriginal or Torres Strait 27
Islander descent; 28
(iv) if the primary language of the child, or, if the child 29
has not learned to speak, the child's family, is not 30
English--the primary language of the child or the 31
child's family; 32
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Part 8 Information, records and privacy
[s 220]
(v) whether the child, or a parent of the child, holds a 1
health care card under the Social Security Act 1991 2
(Cwlth); 3
(vi) whether the child-- 4
(A) has been diagnosed by a health practitioner 5
as having, or is suspected by a health 6
practitioner of having, a disability or 7
long-term medical condition; and 8
(B) needs additional assistance because of the 9
disability or medical condition; 10
(vii) the number of hours for which the child attended 11
an approved kindergarten program during a 12
particular period; 13
(viii) other information about a child prescribed under a 14
regulation; or 15
(b) the following information about a staff member of a 16
relevant service who delivers an approved kindergarten 17
program-- 18
(i) the staff member's name; 19
(ii) for a qualification in early childhood studies or 20
child care studies held by the staff member-- 21
(A) the name of the qualification; and 22
(B) the date on which the qualification was 23
issued; and 24
(C) the institution that issued the qualification; 25
(iii) whether the staff member holds full registration or 26
provisional registration under the Education 27
(Queensland College of Teachers) Act 2005 and, if 28
so, the staff member's identification number under 29
that Act; 30
(iv) whether the staff member identifies as being of 31
Aboriginal or Torres Strait Islander descent; 32
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Part 8 Information, records and privacy
[s 221]
(v) if the primary language of the staff member is not 1
English--the primary language of the staff 2
member; 3
(vi) other information about a staff member prescribed 4
under a regulation. 5
221 Disclosure of URL data to chief executive and central 6
governing bodies by relevant services 7
(1) An authorised person for a relevant service may disclose URL 8
data to-- 9
(a) for a CGB service--an authorised officer of the central 10
governing body; or 11
(b) for another relevant service--the chief executive. 12
(2) An authorised officer of a central governing body may 13
disclose URL data received under this section to the chief 14
executive. 15
(3) In this section-- 16
authorised person, for a relevant service, means the 17
following-- 18
(a) the approved provider of the relevant service; 19
(b) a staff member of the relevant service; 20
(c) an employee of the approved provider of the relevant 21
service who administers URL data in the course of 22
performing the employee's duties. 23
CGB service means a relevant service that-- 24
(a) receives funding from a central governing body for an 25
approved kindergarten program; and 26
(b) has been directed in writing by the central governing 27
body to disclose URL data to it for the purpose of this 28
section. 29
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Part 8 Information, records and privacy
[s 222]
222 Use and disclosure of URL data by chief executive 1
(1) The chief executive may use URL data received under this 2
subdivision for the following purposes-- 3
(a) quality assuring of funding provided to relevant services 4
and central governing bodies for approved kindergarten 5
programs; 6
(b) planning for, monitoring of outcomes of, and reporting 7
on, early childhood initiatives; 8
(c) preparing the data for disclosure under section 223. 9
(2) For the purpose of subsection (1)(a), the chief executive may 10
disclose URL data, including URL data that has been 11
aggregated, to an authorised officer of a central governing 12
body. 13
(3) For subsection (1)(b), URL data may be reported only if it has 14
been aggregated and does not identify, directly or indirectly, 15
any person to whom it relates. 16
223 Disclosure of URL data to Australian Bureau of Statistics 17
and Australian Institute of Health and Welfare 18
(1) The chief executive may disclose URL data to a prescribed 19
entity for the purpose of meeting Queensland's obligations 20
under the early childhood data agreement. 21
(2) A prescribed entity that receives URL data under this section 22
must ensure the data is collected, stored and used in a way that 23
ensures the privacy of the persons to whom it relates is 24
protected. 25
(3) In this section-- 26
early childhood data agreement means the agreement 27
between the Commonwealth and the States called the 28
`National information agreement on early childhood 29
education and care', signed on behalf of the Queensland 30
Government by the chief executive on 19 February 2010. 31
prescribed entity means-- 32
(a) the Australian Bureau of Statistics; or 33
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Part 8 Information, records and privacy
[s 224]
(b) the Australian Institute of Health and Welfare 1
established under the Australian Institute of Health and 2
Welfare Act 1987 (Cwlth). 3
224 Recording, use and disclosure of URL data by authorised 4
officer of central governing body 5
(1) An authorised officer of a central governing body may use 6
URL data received under this subdivision for the following 7
purposes-- 8
(a) quality assuring and distributing funding received from 9
the department for approved kindergarten programs; 10
(b) planning, developing and implementing services for 11
children and parents; 12
(c) planning, developing and implementing professional 13
development programs for staff members of relevant 14
services; 15
(d) implementing curriculum development initiatives; 16
(e) reporting on the central governing body's performance. 17
(2) For subsection (1)(e), URL data may be reported only if it has 18
been aggregated and does not identify, directly or indirectly, 19
any person to whom it relates. 20
(3) A person who is or has been an authorised officer of a central 21
governing body and who receives or received URL data under 22
this subdivision must not record or use the data, or disclose 23
the data to anyone, other than under this section or section 24
221(2). 25
Maximum penalty--40 penalty units. 26
Page 149
Education and Care Services Bill 2013
Part 9 Legal proceedings
[s 225]
Part 9 Legal proceedings 1
Division 1 Evidence 2
225 Application of div 1 3
This division applies to a proceeding under this Act. 4
226 Appointments and authority 5
It is not necessary to prove the appointment of the chief 6
executive or an authorised officer, or the authority of the chief 7
executive or an authorised officer to do anything under this 8
Act, unless a party, by reasonable notice, requires proof of the 9
appointment or authority. 10
227 Signatures 11
A signature purporting to be the signature of the chief 12
executive or an authorised officer is evidence of the signature 13
it purports to be. 14
228 Other evidentiary aids 15
A certificate purporting to be signed by the chief executive 16
and stating any of the following matters is evidence of the 17
matter-- 18
(a) a stated document is one of the following things made, 19
given, issued or kept under this Act-- 20
(i) an appointment, approval or decision; 21
(ii) a notice, direction or requirement; 22
(iii) a record or an extract from a record; 23
(iv) the register or an extract from the register; 24
(b) a stated document is a copy of a document mentioned in 25
paragraph (a); 26
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Part 9 Legal proceedings
[s 229]
(c) on a stated day, or during a stated period, a stated person 1
was, or was not-- 2
(i) an approved provider; or 3
(ii) a person with management or control of a QEC 4
approved service; 5
(d) on a stated day, or during a stated period, a QEC service 6
was, or was not, a QEC approved service; 7
(e) on a stated day, or during a stated period, a stated person 8
was, or was not, a nominee for a QEC approved service; 9
(f) on a stated day, or during a stated period, a service 10
approval was, or was not, subject to a stated condition; 11
(g) on a stated day, or during a stated period, a service 12
approval was, or was not, suspended or cancelled; 13
(h) on a stated day, or during a stated period, an 14
appointment as an authorised officer was, or was not, in 15
force for a stated person; 16
(i) on a stated day, a stated person was given a stated notice 17
or direction under this Act; 18
(j) on a stated day, a stated requirement was made of a 19
stated person. 20
Division 2 Offence proceedings 21
229 Summary proceedings for offences 22
(1) A proceeding for an offence against this Act is a summary 23
offence. 24
(2) The proceeding must start within the later of the following 25
periods to end-- 26
(a) 1 year after the commission of the offence; 27
(b) 6 months after the offence comes to the complainant's 28
knowledge, but within 2 years after the commission of 29
the offence. 30
Page 151
Education and Care Services Bill 2013
Part 9 Legal proceedings
[s 230]
230 Statement of complainant's knowledge 1
In a complaint starting a proceeding for an offence against this 2
Act, a statement that the matter of the complaint came to the 3
complainant's knowledge on a stated day is evidence of the 4
matter stated. 5
231 Responsibility for acts or omissions of representatives 6
(1) This section applies in a proceeding for an offence against this 7
Act. 8
(2) If it is relevant to prove a person's state of mind about a 9
particular act or omission, it is enough to show-- 10
(a) the act was done or omitted to be done by a 11
representative of the person within the scope of the 12
representative's actual or apparent authority; and 13
(b) the representative had the state of mind. 14
(3) An act done or omitted to be done for a person by a 15
representative of the person within the scope of the 16
representative's actual or apparent authority is taken to have 17
been done or omitted to be done also by the person, unless the 18
person proves the person could not, by the exercise of 19
reasonable diligence, have prevented the act or omission. 20
(4) In this section-- 21
representative means-- 22
(a) for a corporation--an executive officer, employee or 23
agent of the corporation; or 24
(b) for an individual--an employee or agent of the 25
individual. 26
state of mind, of a person, includes-- 27
(a) the person's knowledge, intention, opinion, belief or 28
purpose; and 29
(b) the person's reasons for the intention, opinion, belief or 30
purpose. 31
Page 152
Education and Care Services Bill 2013
Part 9 Legal proceedings
[s 232]
232 Liability of executive officer--particular offences 1
committed by corporation 2
(1) An executive officer of a corporation commits an offence if-- 3
(a) the corporation commits an offence against an executive 4
liability provision; and 5
(b) the officer did not take all reasonable steps to ensure the 6
corporation did not engage in the conduct constituting 7
the offence. 8
Maximum penalty--the penalty for a contravention of the 9
executive liability provision by an individual. 10
(2) In deciding whether things done or omitted to be done by the 11
executive officer constitute reasonable steps for subsection 12
(1)(b), a court must have regard to-- 13
(a) whether the officer knew, or ought reasonably to have 14
known, of the corporation's conduct constituting the 15
offence against the executive liability provision; and 16
(b) whether the officer was in a position to influence the 17
corporation's conduct in relation to the offence against 18
the executive liability provision; and 19
(c) any other relevant matter. 20
(3) The executive officer may be proceeded against for, and 21
convicted of, an offence against subsection (1) whether or not 22
the corporation has been proceeded against for, or convicted 23
of, the offence against the executive liability provision. 24
(4) This section does not affect any of the following-- 25
(a) the liability of the corporation for the offence against the 26
executive liability provision; 27
(b) the liability, under section 233, of the executive officer 28
for the offence against the executive liability provision; 29
(c) the liability, under the Criminal Code, chapter 2, of any 30
person, whether or not the person is an executive officer 31
of the corporation, for the offence against the executive 32
liability provision. 33
Page 153
Education and Care Services Bill 2013
Part 9 Legal proceedings
[s 233]
(5) In this section-- 1
executive liability provision means any of the following 2
provisions-- 3
· section 19 4
· section 53(1) 5
· section 53(2) 6
· section 107(1) 7
· section 113(4) 8
· section 121 9
· section 122 10
· section 203. 11
233 Executive officer may be taken to have committed 12
offence 13
(1) If a corporation commits an offence against a provision of this 14
Act, each executive officer of the corporation is taken to have 15
also committed the offence if-- 16
(a) the officer authorised or permitted the corporation's 17
conduct constituting the offence; or 18
(b) the officer was, directly or indirectly, knowingly 19
concerned in the corporation's conduct. 20
(2) The executive officer may be proceeded against for, and 21
convicted of, the offence whether or not the corporation has 22
been proceeded against for, or convicted of, the offence. 23
(3) This section does not affect either of the following-- 24
(a) the liability of the corporation for the offence; 25
(b) the liability, under the Criminal Code, chapter 2, of any 26
person, whether or not the person is an executive officer 27
of the corporation, for the offence. 28
Page 154
Education and Care Services Bill 2013
Part 9 Legal proceedings
[s 234]
234 Defence of exercising reasonable diligence to ensure 1
compliance 2
(1) In proceedings taken against the approved provider of a QEC 3
approved service for an offence against a provision of this 4
Act, it is a defence for the approved provider to prove the 5
approved provider exercised reasonable diligence to ensure 6
compliance with the provision. 7
(2) Subsection (1) does not limit the application of the Criminal 8
Code, section 23 or 24. 9
235 Reasonable belief about person's age 10
(1) This section applies if-- 11
(a) proceedings are taken against a person (the first person) 12
for an offence against this Act; and 13
(b) the act or omission that is the offence would not be an 14
offence if another person (the second person) was of a 15
particular age or within a particular age group. 16
(2) It is a defence for the first person to prove that, at the time of 17
the alleged offence, the first person reasonably believed, and 18
had sighted reasonable evidence, that the second person was 19
of that age or within that age group. 20
(3) Subsection (2) does not limit the application of the Criminal 21
Code, section 24. 22
236 Emergencies 23
(1) In proceedings taken against a person for an offence against a 24
provision of this Act, it is a defence for the person to prove the 25
act or omission that is the offence was reasonably required 26
because of an emergency. 27
(2) Subsection (1) does not limit the application of the Criminal 28
Code, section 25. 29
Page 155
Education and Care Services Bill 2013
Part 10 Miscellaneous
[s 237]
Part 10 Miscellaneous 1
Division 1 Application of Commission for 2
Children and Young People and 3
Child Guardian Act 2000 4
237 Application of Act to corporations 5
(1) This section applies for the application of the Commissioner's 6
Act. 7
(2) If a corporation carries on a business that includes conducting 8
a QEC service, each of the following persons is taken to be 9
also carrying on the business-- 10
(a) the corporation's executive officers; 11
(b) if the corporation carries on the service under a service 12
approval--persons with management or control of the 13
service. 14
238 Pending application for a prescribed notice or exemption 15
notice--corporate approved provider 16
(1) This section applies if-- 17
(a) a corporation holds a provider approval; and 18
(b) an individual who does not have a positive notice or 19
positive exemption notice becomes an executive officer 20
of the corporation or a person with management or 21
control of the service; and 22
(c) an application for a prescribed notice or exemption 23
notice is made for the individual. 24
(2) Section 15(1) does not apply to the individual until the 25
application is decided, is withdrawn or lapses. 26
Page 156
Education and Care Services Bill 2013
Part 10 Miscellaneous
[s 239]
239 Applications for prescribed notices or exemption notices 1
by occupants of homes 2
(1) Subsection (2) applies if a carer providing stand-alone 3
education and care in the carer's home has been asked under 4
section 190 to apply for a prescribed notice or exemption 5
notice about an adult occupant, or suspected adult occupant, 6
of the carer's home. 7
(2) Subject to subsection (3), the carer may apply for a prescribed 8
notice or exemption notice, and the application must be dealt 9
with under the Commissioner's Act, as if the carer were 10
proposing to start employing, or continue employing, the 11
adult occupant in regulated employment as a volunteer. 12
Note-- 13
Under the Commissioner's Act, the children's commissioner may notify 14
the chief executive of particular decisions about a prescribed notice or 15
exemption notice issued to the adult occupant under this subsection 16
because the chief executive is a notifiable person for the person within 17
the meaning of that Act, schedule 7, definition notifiable person, 18
paragraph (a)(v). 19
(3) For subsection (2), the certification mentioned in the 20
Commissioner's Act, section 200(2)(b) or 261(2)(b) must be 21
given by a prescribed person as defined in schedule 7 of that 22
Act. 23
(4) To remove any doubt, it is declared that no fee is payable 24
under this Act or the Commissioner's Act for an application 25
for a prescribed notice or exemption notice made under 26
subsection (2). 27
(5) In this section-- 28
regulated employment see the Commissioner's Act, section 29
156. 30
volunteer see the Commissioner's Act, section 165. 31
Page 157
Education and Care Services Bill 2013
Part 10 Miscellaneous
[s 240]
Division 2 Other matters 1
240 Delegation by chief executive 2
(1) The chief executive may delegate the chief executive's 3
functions and powers under this Act to an appropriately 4
qualified officer or employee of the department. 5
(2) A delegation of a function or power may permit the 6
subdelegation of the function or power to an appropriately 7
qualified officer or employee of the department. 8
(3) In this section-- 9
appropriately qualified includes having qualifications, 10
experience or standing appropriate to exercise the function or 11
power. 12
Example of standing-- 13
a person's classification level in the public service 14
241 Protecting prescribed persons from liability 15
(1) A prescribed person is not civilly liable for an act done, or 16
omission made, honestly and without negligence under this 17
Act. 18
(2) If subsection (1) prevents a civil liability attaching to a 19
prescribed person, the liability attaches instead to the State. 20
(3) In this section-- 21
prescribed person means-- 22
(a) the chief executive; or 23
(b) an authorised person; or 24
(c) a public service officer or employee; or 25
(d) a person acting under the direction of a prescribed 26
person. 27
Page 158
Education and Care Services Bill 2013
Part 10 Miscellaneous
[s 242]
242 Multiple holders of an approval 1
If more than one person holds a provider approval under this 2
Act, each holder of the approval is jointly and severally 3
responsible for compliance with this Act. 4
243 Approved forms 5
The chief executive may approve forms for use under this Act. 6
244 Regulation-making power 7
(1) The Governor in Council may make regulations under this 8
Act. 9
(2) A regulation may be made about the following-- 10
(a) standards for QEC services; 11
(b) requirements for educational programs, including the 12
quality of those programs and their development, 13
documentation and delivery; 14
(c) requirements and standards to be complied with for the 15
safety, health and wellbeing of children being educated 16
and cared for by a QEC service; 17
(d) requirements and standards to be complied with for 18
safety, security, cleanliness, comfort, hygiene and repair 19
of premises, outdoor spaces, fencing, gates, resources 20
and equipment used for providing QEC services; 21
(e) requirements and standards about the premises to be 22
used to provide a QEC service including sitting, design, 23
layout, space, security and entitlement to occupy; 24
(f) requirements and standards for staffing of QEC services 25
including appointment of staff, approval of 26
qualifications, numbers and qualifications of educators; 27
(g) requirements and standards about educators' 28
relationships with children, interactions and behaviour 29
guidance and inclusion policies and practice for QEC 30
services; 31
Page 159
Education and Care Services Bill 2013
Part 10 Miscellaneous
[s 244]
(h) requirements and standards about the leadership and 1
management of QEC services including governance, 2
fitness and propriety of all staff members and 3
volunteers, management of grievances and complaints, 4
and the provision of information to families; 5
(i) records, policies and procedures to be kept by approved 6
providers including enrolment and attendance 7
information; 8
(j) requirements and standards about first aid and 9
management of children's medical conditions; 10
(k) giving information to the chief executive about 11
education and care provided under a service approval; 12
(l) information required to be submitted for applications 13
under this Act; 14
(m) requirements and standards for the provision and display 15
of information by approved providers; 16
(n) the publication of information about enforcement 17
actions taken under this Act, including notice and 18
review of proposals to publish information; 19
(o) fees, including the waiving, reducing, deferring and 20
refunding of fees. 21
(3) A regulation may do the following-- 22
(a) exempt any QEC service or any type of class or QEC 23
service from complying with all regulations, or any 24
regulation, made under this Act; 25
(b) provide for a maximum penalty of not more than 20 26
penalty units for a contravention of a regulation. 27
Page 160
Education and Care Services Bill 2013
Part 11 Repeal, savings and transitional provisions
[s 245]
Part 11 Repeal, savings and 1
transitional provisions 2
Division 1 Repeal 3
245 Repeal of Child Care Act 2002 4
The Child Care Act 2002, No. 55 is repealed. 5
Division 2 Savings and transitionals for the 6
Education and Care Services Act 7
2013 8
246 Definitions for div 2 9
In this division-- 10
commencement means the commencement of the provision in 11
which the term is used. 12
repealed Act means the Child Care Act 2002. 13
247 Centre based service taken to be QEC approved service if 14
licence not revoked or suspended 15
(1) This section applies if immediately before the 16
commencement-- 17
(a) a person held a licence for a centre based service under 18
the repealed Act that is not revoked or suspended; and 19
(b) the centre based service is a QEC service to which this 20
Act applies. 21
(2) On the commencement-- 22
(a) the service becomes a QEC approved service; and 23
(b) the person becomes-- 24
(i) an approved provider; and 25
Page 161
Education and Care Services Bill 2013
Part 11 Repeal, savings and transitional provisions
[s 248]
(ii) the holder of a service approval for the service; and 1
(c) subject to subsection (3), the provider approval and 2
service approval are subject to the conditions, relevant to 3
each approval, that applied to the licence immediately 4
before the commencement. 5
(3) However, for a condition that applied to the licence 6
immediately before the commencement, the chief executive 7
may decide that the condition-- 8
(a) does not apply to the provider approval and service 9
approval from the commencement; or 10
(b) will instead be the subject of the service waiver or 11
temporary waiver the chief executive considers 12
appropriate from the commencement. 13
248 Centre based service for which licence suspended 14
immediately before commencement 15
(1) This section applies if a person held a licence for a centre 16
based service under the repealed Act and the licence was 17
suspended immediately before the commencement. 18
(2) The repealed Act continues to apply until the matter of the 19
suspension is finally decided. 20
(3) Subsection (5) applies if the suspension is lifted or otherwise 21
ends other than by the licence being revoked. 22
(4) From the day the suspension ends-- 23
(a) the centre based service to which the licence relates 24
becomes a QEC approved service to which this Act 25
applies; and 26
(b) a person holding the licence becomes-- 27
(i) an approved provider; and 28
(ii) the holder of a service approval for the service; and 29
(c) subject to subsection (3), the provider approval and 30
service approval are subject to the conditions, relevant to 31
Page 162
Education and Care Services Bill 2013
Part 11 Repeal, savings and transitional provisions
[s 249]
each approval, that applied to the licence immediately 1
before the day the suspension ends. 2
(5) However, for a condition that applied to the licence 3
immediately before the commencement the chief executive 4
may decide that the condition-- 5
(a) does not apply to the provider approval and service 6
approval from the commencement; or 7
(b) will instead be the subject of the service waiver or 8
temporary waiver the chief executive considers 9
appropriate from the commencement. 10
249 Centre based service for which licence subject to a show 11
cause process immediately before commencement 12
(1) This section applies if a person held a licence for a centre 13
based service under the repealed Act and the licence was 14
subject to a show cause notice immediately before the 15
commencement. 16
(2) From the commencement, the show cause notice continues as 17
if it were given for a service approval under this Act. 18
(3) However, the stated period to show cause given under the 19
repealed Act continues to apply and is taken to have started 20
when given under the repealed Act. 21
250 Chief executive to issue copies of provider approvals and 22
service approvals 23
(1) This section applies if a person becomes an approved provider 24
and a service approval holder under section 247 or 248. 25
(2) The chief executive must, within 3 months from the time the 26
person becomes an approved provider and a service approval 27
holder, issue the person with copies of the provider approval 28
and service approvals. 29
Page 163
Education and Care Services Bill 2013
Part 11 Repeal, savings and transitional provisions
[s 251]
251 Time within which supervisor and nominee must be 1
appointed 2
(1) This section applies to a centre based service that becomes a 3
QEC approved service under this division from the 4
commencement or another day (each the stated day). 5
(2) Sections 113 and 114 do not apply to the service until 3 6
months from the stated day. 7
252 Applications for a licence under the repealed Act 8
(1) This section applies if-- 9
(a) before the commencement, a person applied for a 10
licence under the repealed Act; and 11
(b) immediately before the commencement, the application 12
had not been decided. 13
(2) The chief executive must continue to deal with and decide the 14
application as if it were an application for a provider approval 15
and service approval made under this Act. 16
253 Person may apply to QCAT after commencement for 17
decisions made under repealed Act 18
(1) This section applies if immediately before the 19
commencement-- 20
(a) a person had a right to apply to QCAT to have a decision 21
of the chief executive reviewed; but 22
(b) the person had not yet applied to QCAT for a review of 23
the chief executive's decision. 24
(2) The person may apply to QCAT for the review under the 25
repealed Act after the commencement as if the repealed Act 26
had not been repealed. 27
(3) However, in exercising its powers for the review, QCAT must 28
make the orders it considers necessary having regard the 29
provisions of this Act. 30
Page 164
Education and Care Services Bill 2013
Part 11 Repeal, savings and transitional provisions
[s 254]
254 Applications to QCAT before commencement continue 1
after commencement 2
(1) This section applies if immediately before the 3
commencement-- 4
(a) a person had applied to QCAT to have a decision of the 5
chief executive reviewed; but 6
(b) QCAT had not yet finished dealing with the application 7
for a review of the decision. 8
(2) QCAT may continue to hear the application under the 9
repealed Act after the commencement as if the repealed Act 10
had not been repealed. 11
(3) However, in exercising its powers for the review, QCAT must 12
make the orders it considers necessary having regard the 13
provisions of this Act. 14
255 Person may apply to chief executive for decisions about 15
compliance notices made under repealed Act 16
(1) This section applies if immediately before the 17
commencement-- 18
(a) a person had a right to apply to the chief executive under 19
the repealed Act, section 164B to have a decision 20
reviewed; but 21
(b) the person had not yet applied to the chief executive for 22
the review. 23
(2) The person may apply to the chief executive under section 209 24
of this Act after the commencement. 25
(3) However, for subsection (2), the period within which a 26
licensee may apply for a review of the decision is the period 27
stated in the repealed Act rather than the period under this 28
Act. 29
Page 165
Education and Care Services Bill 2013
Part 11 Repeal, savings and transitional provisions
[s 256]
256 Applications to chief executive about compliance notices 1
before commencement 2
(1) This section applies if immediately before the 3
commencement-- 4
(a) a person had applied to the chief executive to have a 5
decision reviewed under the repealed Act, section 164B; 6
but 7
(b) the chief executive had not yet decided the matter. 8
(2) The chief executive must continue to consider the matter 9
under section 209 of this Act after the commencement. 10
257 Persons authorised to receive, use and disclose URL 11
data 12
(1) This section applies to a person who, immediately before the 13
commencement, was authorised by the chief executive to 14
receive, use and disclose URL data. 15
(2) The person is taken to be an authorised officer under part 8, 16
division 3, subdivision 2. 17
258 Compliance notices in force under the repealed Act 18
(1) This section applies to a compliance notice-- 19
(a) in force under the repealed Act immediately before the 20
commencement; and 21
(b) given to a person to whom this Act applies. 22
(2) From the commencement, the compliance notice is taken to 23
be a compliance notice under this Act. 24
259 Prohibition notices in force under the repealed Act 25
(1) This section applies to a prohibition notice-- 26
(a) in force under the repealed Act immediately before the 27
commencement; and 28
(b) given to a person to whom this Act applies. 29
Page 166
Education and Care Services Bill 2013
Part 11 Repeal, savings and transitional provisions
[s 260]
(2) From the commencement, the prohibition notice is taken to be 1
a prohibition notice under this Act. 2
260 Information retention and sharing 3
(1) The chief executive must keep all information held by the 4
chief executive in relation to-- 5
(a) the licensing of child care services under the repealed 6
Act to which this Act applies; and 7
(b) the monitoring and enforcement under the repealed Act 8
in relation to child care services to which this Act 9
applies. 10
(2) Information referred to in subsection (1) may be-- 11
(a) used for information purposes under this Act; and 12
(b) held by the chief executive in any form; and 13
(c) made available to the Regulatory Authorities of other 14
participating jurisdictions and the National Authority. 15
(3) A licensee of a child care service existing immediately before 16
the commencement and to which this Act applies must, in the 17
way prescribed under a regulation-- 18
(a) continue to keep all documents that were required under 19
the repealed Act to be kept for the service immediately 20
before the commencement; and 21
(b) make those documents available to the chief executive 22
on request. 23
Maximum penalty--20 penalty units. 24
(4) In this section-- 25
National Authority has the meaning given in the Education 26
and Care Services National Law (Queensland). 27
Regulatory Authority has the meaning given in the Education 28
and Care Services National Law (Queensland). 29
Page 167
Education and Care Services Bill 2013
Part 12 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 261]
Part 12 Amendment of Commission for 1
Children and Young People and 2
Child Guardian Act 2000 3
261 Act amended 4
This part amends the Commission for Children and Young 5
People and Child Guardian Act 2000. 6
262 Omission of s 163 (What is employment in child care) 7
Section 163-- 8
omit. 9
263 Amendment of s 368 (QCAT's principal registrar to give 10
statistical information to commissioner) 11
Section 368(3), definition prescribed reviewable decision, 12
paragraph (c)-- 13
omit, insert-- 14
(c) a decision mentioned in the Education and 15
Care Services Act 2013, section 211; 16
264 Replacement of sch 1, pt 1, s 4 17
Schedule 1, part 1, section 4-- 18
omit, insert-- 19
4 Education and care services and similar 20
employment 21
(1) Employment is regulated employment if-- 22
(a) it is employment as an educator or carer in, 23
or staff member of, an education and care 24
service or a QEC service; and 25
(b) the employee is not a volunteer who is a 26
parent of a child to whom education and 27
Page 168
Education and Care Services Bill 2013
Part 12 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 265]
care is regularly provided in the course of 1
the service. 2
(2) Employment is regulated employment if-- 3
(a) any of the usual functions of the 4
employment are carried out, or are likely to 5
be carried out at education and care service 6
premises or QEC service premises while 7
children are being educated and cared for at 8
the premises; and 9
(b) the employee is not a volunteer who is a 10
parent of a child to whom education and 11
care is regularly provided at the premises. 12
(3) Employment is regulated employment if-- 13
(a) the usual functions of the employment 14
include, or are likely to include, providing 15
education and care to children in the course 16
of a commercial service other than an 17
education and care service or a QEC 18
service; and 19
(b) the employee is not a volunteer who is a 20
parent of a child to whom education and 21
care is regularly provided in the course of 22
the service. 23
265 Replacement of sch 1, pt 1, s 4A 24
Schedule 1, part 1, section 4A-- 25
omit, insert-- 26
4A Child care and similar employment 27
Employment is regulated employment if-- 28
(a) any of the usual functions of the 29
employment include or are likely to include 30
providing child care in the course of a 31
commercial service; and 32
Page 169
Education and Care Services Bill 2013
Part 12 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 266]
(b) the employee is not a volunteer who is a 1
parent of a child to whom child care is 2
regularly provided in the course of the 3
service. 4
Examples-- 5
1 a babysitting service 6
2 a nanny service 7
3 a service conducted by a hotel or resort to provide 8
child care to children who are short-term guests 9
4 a service providing adjunct care 10
266 Replacement of sch 1, pt 2, s 18 11
Schedule 1, part 2, section 18-- 12
omit, insert-- 13
18 Education and care services and similar 14
businesses 15
A business is a regulated business if the usual 16
activities of the business include, or are likely to 17
include-- 18
(a) operating an education and care service, a 19
QEC service or another commercial service 20
that includes providing education and care 21
to children; or 22
(b) carrying out activities in premises or a 23
vehicle in which there are children to whom 24
education and care is being provided. 25
267 Replacement of sch 1, pt 2, s 18A 26
Schedule 1, part 2, section 18A-- 27
omit, insert-- 28
Page 170
Education and Care Services Bill 2013
Part 12 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 268]
18A Child care services and similar businesses 1
A business is a regulated business if the usual 2
activities of the business include, or are likely to 3
include-- 4
(a) conducting a commercial service that 5
includes providing child care; or 6
(b) carrying out activities in premises or a 7
vehicle in which there are children to whom 8
child care is being provided. 9
268 Amendment of sch 7 (Dictionary) 10
(1) Schedule 7, definitions chief executive (child care), child care 11
centre, child care service and educator-- 12
omit. 13
(2) Schedule 7-- 14
insert-- 15
chief executive (child care) means the chief 16
executive of the department in which the 17
Education and Care Services National Law 18
(Queensland) is administered. 19
educator-- 20
(a) for education and care provided under the 21
Education and Care Services National Law 22
(Queensland)--means an educator under 23
that Law; or 24
(b) for regulated education and care provided 25
under the Education and Care Services Act 26
2013--means an educator under that Act. 27
QEC service means a Queensland education and 28
care service. 29
QEC service premises means each place at which 30
a QEC service operates or is to operate. 31
Page 171
Education and Care Services Bill 2013
Part 12 Amendment of Commission for Children and Young People and Child Guardian Act
2000
[s 268]
Queensland education and care service see the 1
Education and Care Services Act 2013, section 8. 2
stand-alone service see the Education and Care 3
Services Act 2013, section 9. 4
(3) Schedule 7, definition carer, paragraph (b)-- 5
omit, insert-- 6
(b) in relation to a stand-alone service, means a 7
person-- 8
(i) who is engaged to provide education 9
and care of a child in the course of a 10
stand-alone service; or 11
(ii) who is conducting the stand-alone 12
service and providing education and 13
care of children in the course of the 14
service. 15
(4) Schedule 7, definition disciplinary information, paragraph 16
(a)-- 17
omit, insert-- 18
(a) under the repealed Child Care Act 2002, 19
section 50A or 107A; or 20
(aa) under the Education and Care Services Act 21
2013, section 91 or 200; or 22
(5) Schedule 7, definition employment, paragraph (a)-- 23
omit. 24
(6) Schedule 7, definition employment, paragraphs (b) to (d)-- 25
renumber as paragraphs (a) to (c). 26
(7) Schedule 7, definition notifiable person, paragraphs (a)(iii), 27
(iv) and (v)-- 28
omit, insert-- 29
(iii) if the commissioner is aware that the 30
person is an approved provider under 31
the Education and Care Services Act 32
Page 172
Education and Care Services Bill 2013
Part 13 Consequential amendments
[s 269]
2013--the chief executive (child care); 1
or 2
(iv) if the commissioner is aware that the 3
person is an adult occupant of a home 4
in which stand-alone child care is 5
provided under the Education and Care 6
Services Act 2013--the chief executive 7
(child care); or 8
(8) Schedule 7, definition notifiable person, paragraphs (a)(vi) to 9
(ix)-- 10
renumber as paragraphs (a)(v) to (viii). 11
(9) Schedule 7, definition staff member, paragraph (c)-- 12
omit, insert-- 13
(c) in relation to a QEC service, see the Education 14
and Care Services Act 2013, schedule 1; or 15
Part 13 Consequential amendments 16
269 Acts amended 17
Schedule 1 amends the Acts mentioned in it. 18
Page 173
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Schedule 1
Schedule 1 Minor and consequential 1
amendments 2
section 269 3
Part 1 Amendment of this Act 4
1 Long title, from `, amend this Act'-- 5
omit. 6
2 Section 6, `schedule 2'-- 7
omit, insert-- 8
schedule 1 9
3 Schedule 2-- 10
renumber as schedule 1. 11
Part 2 Amendment of other legislation 12
Child Protection Act 1999 13
1 Section 17, heading, `child care centre,'-- 14
omit. 15
Page 174
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Schedule 1
2 Section 17(1)(c), `child care'-- 1
omit, insert-- 2
regulated education and care 3
3 Section 17-- 4
insert-- 5
(7) In this section-- 6
education and care means education and care 7
provided under the Education and Care Service 8
National Law (Queensland). 9
regulated education and care means regulated 10
education and care within the meaning of the 11
Education and Care Services Act 2013. 12
Child Protection (Offender Prohibition Order) Act 2008 13
1 Section 6(3), examples, `a child care centre'-- 14
omit, insert-- 15
QEC service premises 16
2 Section 11(1)(c), examples, `a child care centre'-- 17
omit, insert-- 18
QEC service premises 19
3 Section 22(3)(a), second example, `of a stated child care 20
centre and the child care centre has closed'-- 21
omit, insert-- 22
of stated QEC service premises and the premises have 23
closed 24
Page 175
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Schedule 1
4 Schedule-- 1
insert-- 2
QEC service premises see the Education and 3
Care Services Act 2013, schedule 1. 4
Commonwealth Powers (Family Law--Children) Act 5
1990 6
1 Schedule, entry for Child Protection Act 1999, section 7
17-- 8
omit, insert-- 9
section 17 (Contact with children in school, education 10
and care service premises, family day care etc.) 11
Dangerous Prisoners (Sexual Offenders) Act 2003 12
1 Section 16(1)(db), example 2, `child care centres'-- 13
omit, insert-- 14
QEC service premises 15
2 Schedule-- 16
insert-- 17
QEC service premises see the Education and 18
Care Services Act 2013, schedule 1. 19
Page 176
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Schedule 1
Education (Accreditation of Non-State Schools) Act 1
2001 2
1 Section 6(2)(f), `child care'-- 3
omit, insert-- 4
regulated education and care 5
2 Section 6(3), definition child care-- 6
omit. 7
3 Section 6(3)-- 8
insert-- 9
regulated education and care means regulated 10
education and care within the meaning of the 11
Education and Care Services Act 2013, but does 12
not include education and care provided in the 13
course of providing primary education, 14
secondary education or special education. 15
Education and Care Services National Law 16
(Queensland) Act 2011 17
1 Section 6(2)(a), example 2, `Child Care Act 2002'-- 18
omit, insert-- 19
Education and Care Services Act 2013 20
2 Section 8, `Child Care Act 2002'-- 21
omit, insert-- 22
Education and Care Services Act 2013 23
Page 177
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Schedule 1
3 Section 9, `Child Care Act 2002'-- 1
omit, insert-- 2
Education and Care Services Act 2013 3
4 Section 11(a), `before the scheme commencement day'-- 4
omit, insert-- 5
before its repeal 6
5 Section 25(1)(a), `resides'-- 7
omit, insert-- 8
resides, or intends to reside, 9
6 Section 37(3)-- 10
omit, insert-- 11
(3) A person who is or has been an authorised officer 12
of a central governing body and who receives or 13
received URL data under this division must not 14
record or use the data, or disclose it to anyone, 15
other than under this section or section 34(3). 16
Maximum penalty--40 penalty units. 17
Education (General Provisions) Act 2006 18
1 Section 429A(1), `or licensee'-- 19
omit. 20
2 Section 429A(2), after `education and care'-- 21
insert-- 22
or regulated education and care 23
Page 178
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Schedule 1
3 Section 429A(3), `A licensee'-- 1
omit, insert-- 2
An approved provider 3
4 Section 429A(3), `child care'-- 4
omit, insert-- 5
regulated education and care 6
5 Section 429A(3), `licence held by the licensee'-- 7
omit, insert-- 8
service approval held by the approved provider 9
6 Section 429A(4), definitions approved provider, licence, 10
licensee and service approval-- 11
omit, insert-- 12
approved provider means-- 13
(a) for education and care provided under the 14
Education and Care Service National Law 15
(Queensland)--see the Education and Care 16
Services National Law (Queensland), 17
section 5(1); or 18
(b) for regulated education and care provided 19
under the Education and Care Services Act 20
2013--see the Education and Care Services 21
Act 2013, schedule 1. 22
service approval means-- 23
(a) for education and care provided under the 24
Education and Care Service National Law 25
(Queensland)--see the Education and Care 26
Services National Law (Queensland), 27
section 5(1); or 28
(b) for regulated education and care provided 29
under the Education and Care Services Act 30
Page 179
Education and Care Services Bill 2013
Schedule 1
2013--see the Education and Care Services 1
Act 2013, schedule 1. 2
Education (Queensland Studies Authority) Act 2002 3
1 Section 8(1)(d), `and child care services'-- 4
omit. 5
2 Section 8(1)(f), `and child care services'-- 6
omit. 7
3 Section 8(1)(h), `and carers in child care services'-- 8
omit. 9
4 Section 8(1)(h), `and child care services'-- 10
omit. 11
5 Section 8(3), definition purchase, `and child care 12
services'-- 13
omit. 14
6 Section 9(b), `and child care services'-- 15
omit. 16
7 Section 20(2)(c)-- 17
omit, insert-- 18
(c) for a kindergarten guideline--each provider 19
of an education and care service other than a 20
Page 180
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Schedule 1
service that provides education and care 1
only to children over preschool age. 2
8 Section 79(2)(a)(ii), `and child care services'-- 3
omit. 4
9 Schedule 2, definitions carer, child care service and 5
school age care service-- 6
omit. 7
Gaming Machine Act 1991 8
1 Section 55D(1), example 2, `child care centre'-- 9
omit, insert-- 10
QEC service premises 11
2 Schedule 2-- 12
insert-- 13
QEC service premises see the Education and 14
Care Services Act 2013, schedule 1. 15
Public Health Act 2005 16
1 Section 158, definitions approved provider, carer, centre 17
based service, child care service, educator, home based 18
service and licensee-- 19
omit. 20
Page 181
Education and Care Services Bill 2013
Schedule 1
2 Section 158-- 1
insert-- 2
approved provider means-- 3
(a) for education and care provided under the 4
Education and Care Service National Law 5
(Queensland)--see the Education and Care 6
Services National Law (Queensland), 7
section 5(1); or 8
(b) for regulated education and care provided 9
under the Education and Care Services Act 10
2013--see the Education and Care Services 11
Act 2013, schedule 1. 12
educator-- 13
(a) for education and care provided under the 14
Education and Care Services National Law 15
(Queensland)--means an educator under 16
that Law; or 17
(b) for regulated education and care provided 18
under the Education and Care Services Act 19
2013--means an educator under that Act. 20
QEC approved service see the Education and 21
Care Services Act 2013, schedule 1. 22
3 Section 158, definition person in charge, paragraph (c)-- 23
omit, insert-- 24
(c) for a QEC approved service, means-- 25
(i) the approved provider; or 26
(ii) a supervisor who is present at the 27
service. 28
4 Section 160(3)(b)(ii), `child care service'-- 29
omit, insert-- 30
QEC approved service 31
Page 182
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Schedule 1
5 Chapter 5, part 2, division 1, heading, `child care 1
service'-- 2
omit, insert-- 3
QEC approved service 4
6 Section 161, `child care service'-- 5
omit, insert-- 6
QEC approved service 7
7 Section 162, `teacher, educator or carer'-- 8
omit, insert-- 9
teacher or educator 10
8 Section 162(1), `child care service'-- 11
omit, insert-- 12
QEC approved service 13
9 Section 163, `child care service'-- 14
omit, insert-- 15
QEC approved service 16
10 Section 164, `child care service'-- 17
omit, insert-- 18
QEC approved service 19
11 Section 165, `child care service'-- 20
omit, insert-- 21
QEC approved service 22
Page 183
Education and Care Services Bill 2013
Schedule 1
12 Section 166, `child care service'-- 1
omit, insert-- 2
QEC approved service 3
13 Section 167, `child care service'-- 4
omit, insert-- 5
QEC approved service 6
14 Section 169, `child care service'-- 7
omit, insert-- 8
QEC approved service 9
15 Section 170, `child care service'-- 10
omit, insert-- 11
QEC approved service 12
16 Section 171, `child care service'-- 13
omit, insert-- 14
QEC approved service 15
17 Section 172, `child care service'-- 16
omit, insert-- 17
QEC approved service 18
18 Section 172(4), `Child Care Act 2002, section 87'-- 19
omit, insert-- 20
Education and Care Services Act 2013, section 130 21
Page 184
Education and Care Services Bill 2013
Schedule 1
19 Section 173, `child care service'-- 1
omit, insert-- 2
QEC approved service 3
20 Section 179, `child care service'-- 4
omit, insert-- 5
QEC approved service 6
21 Section 180, `child care service'-- 7
omit, insert-- 8
QEC approved service 9
22 Section 180(2)(c), `Child Care Act 2002'-- 10
omit, insert-- 11
Education and Care Services Act 2013 12
23 Section 181, `child care service'-- 13
omit, insert-- 14
QEC approved service 15
24 Section 181(2)(c), `Child Care Act 2002'-- 16
omit, insert-- 17
Education and Care Services Act 2013 18
25 Chapter 5, part 2, division 5, heading, `school or child 19
care service'-- 20
omit, insert-- 21
school, education and care service or QEC 22
approved service 23
Page 185
Education and Care Services Bill 2013
Schedule 1
26 Section 182, `child care service'-- 1
omit, insert-- 2
QEC approved service 3
27 Chapter 5, part 2, division 6, heading, `Licensee or 4
approved provider'-- 5
omit, insert-- 6
Approved provider 7
28 Section 184-- 8
omit. 9
29 Section 184A, after `education and care service'-- 10
insert-- 11
or QEC approved service 12
30 Schedule 2, definitions carer, child care service, home 13
based service and licensee-- 14
omit. 15
31 Schedule 2-- 16
insert-- 17
QEC approved service, for chapter 5, see section 18
158. 19
Page 186
Education and Care Services Bill 2013
Schedule 2
Schedule 2 Dictionary 1
section 6 2
adjunct care means education and care provided to a child-- 3
(a) in conjunction with a meeting, function or other activity 4
involving a relative or guardian of the child other than 5
the paid employment of the relative or guardian; and 6
(b) on the premises in which the meeting, function or other 7
activity is taking place; and 8
(c) for not more than 3 hours on each occasion the care is 9
provided. 10
affected premises, for part 3, division 3, see section 55(1)(b). 11
apply for an exemption notice means apply under the 12
Commissioner's Act for an exemption notice. 13
apply for a prescribed notice means apply under the 14
Commissioner's Act for a prescribed notice. 15
approved kindergarten program, for part 8, division 3, 16
subdivision 2, see section 220. 17
approved provider means a Queensland approved provider. 18
authorised officer means-- 19
(a) generally--see section 136: or 20
(b) for part 8, division 3, subdivision 2--see section 220. 21
Building Act requirements means the requirements under the 22
Building Act 1975 that must be complied with in carrying out 23
building work for a QEC service. 24
building certifier means a building certifier under the 25
Building Act 1975. 26
carer, in relation to a stand-alone service, means a person-- 27
(a) who is engaged to provide education and care of a child 28
in the course of a stand-alone service; or 29
Page 187
Education and Care Services Bill 2013
Schedule 2
(b) who is conducting the stand-alone service and providing 1
education and care of children in the course of the 2
service. 3
central governing body, for part 8, division 3, subdivision 2, 4
see section 220. 5
centre based service has the meaning given in the repealed 6
Act. 7
children's commissioner means the Commissioner for 8
Children and Young People and Child Guardian under the 9
Commissioner's Act. 10
commencement, for part 11, division 2, see section 246. 11
commissioner for declarations see the Justices of the Peace 12
and Commissioners for Declarations Act 1991, section 3. 13
Commissioner's Act means the Commission for Children and 14
Young People and Child Guardian Act 2000. 15
compliance notice see section 193(2). 16
conviction means a finding of guilt or the acceptance of a plea 17
of guilty by a court, whether or not a conviction is recorded. 18
court, for part 6, see section 136. 19
cousin includes second cousin. 20
disability, for part 8, division 3, subdivision 2, see section 220. 21
disqualified person means a person for whom a negative 22
notice, a negative exemption notice or a prohibition notice is 23
in force. 24
document certification requirement see section 178(6). 25
document production requirement see section 178(2). 26
Education and Care Services National Law (Queensland) 27
has the meaning given in the Education and Care Services 28
National Law (Queensland) Act 2011. 29
educator means an individual who provides education and 30
care for children as a part of a QEC service. 31
electronic document, for part 6, see section 136. 32
Page 188
Education and Care Services Bill 2013
Schedule 2
emergency care means regulated education and care provided 1
to a child in the course of a QEC approved service-- 2
(a) in response to a need that a relative or guardian of the 3
child claims has arisen from an emergency or other 4
circumstances unforeseen by the relative or guardian; or 5
(b) in response to circumstances beyond the approved 6
provider's control. 7
Example for paragraph (b)-- 8
regulated education and care provided to a child between 9
4.00p.m. and 4.30p.m., in circumstances where the approved 10
provider has agreed with the child's parent to provide regulated 11
education and care to the child until 4.00p.m. but the parent does 12
not return to collect the child until 4.30p.m. 13
exceptional circumstances service approval, for part 3, 14
division 3, see section 55(2)(b). 15
executive officer, of a corporation, means a person who is 16
concerned with, or takes part in, the corporation's 17
management, whether or not the person is a director or the 18
person's position is given the name of executive officer. 19
exemption notice means an exemption notice in force under 20
the Commissioner's Act. 21
former owner, for part 6, see section 136. 22
for reward, in relation to the provision of care of a child in a 23
stand-alone service-- 24
(a) means for reward of any kind or amount, whether or not 25
the person providing the care has an enforceable right to 26
the reward and regardless of who provides the reward; 27
but 28
(b) does not include merely in fulfilment of a reciprocal 29
arrangement for providing care. 30
Examples-- 31
1 A person provides care to children without charge but receives 32
government funding to provide the care. The person provides the 33
care for reward. 34
2 Two persons have an arrangement under which each of them 35
regularly provides care for the other's children. Neither of them 36
Page 189
Education and Care Services Bill 2013
Schedule 2
receives anything for providing the care. The care provided under 1
the arrangement is not provided for reward. 2
general power, for part 6, see section 136. 3
guardian, in relation to a child, means the legal guardian of 4
the child. 5
harm, to a child, has the meaning given in the Child 6
Protection Act 1999, section 9. 7
help requirement, for part 6, see section 136. 8
holiday care means care provided to school children, during a 9
school holiday, at a place other than a home. 10
home, in relation to a stand-alone service, means premises 11
used as a private residence. 12
identity card, for part 6, see section 136. 13
information notice, for part 6, see section 136. 14
information requirement, for part 6, see section 136. 15
licence, means a licence granted under the repealed Act, 16
including a provisional licence issued under section 20 of that 17
Act. 18
mobile service see section 10. 19
negative exemption notice means a negative exemption notice 20
under the Commissioner's Act. 21
negative notice means a negative notice under the 22
Commissioner's Act. 23
nominee means an adult appointed as nominee under section 24
114. 25
notice means a written notice. 26
occupant, of a home in which care is provided, means a 27
person who-- 28
(a) resides in the home; or 29
(b) is usually present in the home when the care of children 30
is provided. 31
occupier, for part 6, see section 136. 32
Page 190
Education and Care Services Bill 2013
Schedule 2
of, a place, for part 6, see section 136. 1
offence warning, for part 6, see section 136. 2
owner, for part 6, see section 136. 3
parent, in relation to a child, includes-- 4
(a) a guardian of the child; and 5
(b) a person who has parental responsibility for the child 6
under a decision or order of a court. 7
personal details requirement, for part 6, see section 136. 8
person in control, for part 6, see section 136. 9
person with management or control, in relation to a QEC 10
service, means-- 11
(a) if the provider of a service or intended provider of a 12
service is a body corporate, an officer of the body 13
corporate within the meaning of the Corporations Act 14
who is responsible for managing the delivery of the 15
education and care service; or 16
(b) in any other case, a person who has the responsibility, 17
alone or with others, for managing the delivery of the 18
education and care service. 19
place-- 20
(a) for part 6, see section 136; or 21
(b) otherwise, includes premises and vacant land. 22
positive exemption notice means a positive exemption notice 23
under the Commissioner's Act. 24
positive notice means a positive notice under the 25
Commissioner's Act. 26
premises-- 27
(a) for part 6, see section 136; or 28
(b) otherwise, includes a building and a vehicle. 29
prescribed notice means a prescribed notice in force under the 30
Commissioner's Act. 31
Page 191
Education and Care Services Bill 2013
Schedule 2
prohibition notice means a prohibition notice in force under 1
part 6, division 8, subdivision 3. 2
provider approval means a Queensland provider approval. 3
public place, for part 6, see section 136. 4
QEC approved service means a Queensland approved 5
education and care service. 6
QEC service see section 8. 7
QEC service premises means each place at which a QEC 8
service operates or is to operate. 9
qualified assistant means a person, who is at least 17 years of 10
age, with a qualification for an assistant prescribed under a 11
regulation. 12
qualified supervisor, for a QEC service, means an adult staff 13
member of the service with a qualification for a supervisor 14
prescribed under a regulation. 15
Queensland approved education and care service means a 16
Queensland education and care service for which a service 17
approval exists. 18
Queensland approved provider-- 19
(a) generally, means a person who holds a Queensland 20
provider approval; and 21
(b) in relation to a service approval, means the approved 22
provider holding the service approval. 23
Queensland education and care service see section 8. 24
Queensland provider approval means a provider approval as 25
in force under part 2. 26
Queensland service approval means a service approval 27
granted under part 3, divisions 2 or 3, as in force under this 28
Act. 29
reasonably believes, for part 6, see section 136. 30
reasonably suspects, for part 6, see section 136. 31
regulated education and care see section 7. 32
Page 192
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Schedule 2
relative, of a child-- 1
(a) means the child's parent, grandparent, great 2
grandparent, brother, sister, uncle, aunt, niece, nephew 3
or cousin; and 4
(b) for an Aboriginal child--includes a person who, under 5
Aboriginal tradition, is regarded as a relative mentioned 6
in paragraph (a); and 7
(c) for a Torres Strait Islander child--includes a person 8
who, under Island custom, is regarded as a relative 9
mentioned in paragraph (a); and 10
(d) for a child with a parent who is not a natural 11
parent--includes anyone who would be a relative 12
mentioned in paragraph (a) if the parent were a natural 13
parent. 14
Example for paragraph (d)-- 15
The daughter of a child's step-parent is a relative of the child. 16
relevant service, for part 8, division 3, subdivision 2, see 17
section 220. 18
repealed Act means the Child Care Act 2002. 19
replacement premises, for part 3, division 3, see section 20
55(2)(b). 21
reward see definition for reward. 22
school means-- 23
(a) a State school within the meaning of the Education 24
(General Provisions) Act 2006; or 25
(b) a school that is accredited, or provisionally accredited, 26
under the Education (Accreditation of Non-State 27
Schools) Act 2001. 28
school age care service means a QEC approved service for 29
which, under the conditions of its service approval, the 30
children receiving education and care must never include a 31
child who is not a school child. 32
school child means a child who-- 33
(a) is enrolled at a school; and 34
Page 193
Education and Care Services Bill 2013
Schedule 2
(b) attends, or in the current calendar year will attend, 1
school. 2
service approval means a Queensland service approval. 3
service approval number see section 52(2)(g). 4
service capacity, in relation to a QEC service, see section 50. 5
service waiver means a waiver of a requirement that a QEC 6
approved service comply with matters prescribed under this 7
Act. 8
Note-- 9
A service waiver may be granted by the chief executive under part 3, 10
division 8. 11
show cause notice-- 12
(a) for part 2, division 4--see section 22(2); and 13
(b) for the suspension of a provider approval under part 2, 14
division 5--see section 26(2); and 15
(c) for the cancellation of a provider approval under part 2, 16
division 5--see section 32(2); and 17
(d) for part 3, division 4--see section 67(2); and 18
(e) for the suspension of a service approval under part 3, 19
division 6--see section 77(2); and 20
(f) for the cancellation of a service approval under part 3, 21
division 6--see section 83(2); and 22
(g) for part 6, division 8, subdivision 3--see section 197(1). 23
staff member means-- 24
(a) for a QEC approved service--any individual (other than 25
a volunteer) employed, appointed or engaged to work in 26
or as part of the service, whether as an educator or 27
otherwise; or 28
(b) for a stand-alone service--a person engaged in a 29
position in the service, or a person conducting the 30
service and carrying out the functions of a position in 31
the service. 32
stand-alone service see section 9. 33
Page 194
Education and Care Services Bill 2013
Schedule 2
supervisor means an individual-- 1
(a) who is at least 18 years of age; and 2
(b) who consents in writing to being appointed as a 3
supervisor; and 4
(c) who holds a prescribed qualification. 5
temporary waiver means a waiver, for a stated period, of a 6
requirement that a QEC approved service comply with a 7
matters prescribed under this Act. 8
Note-- 9
A temporary waiver may be granted by the chief executive under part 3, 10
division 9. 11
transferee, for part 3, division 5, see section 70. 12
transferor, for part 3, division 5, see section 70. 13
triennial inspection, for part 6, division 10, see section 14
207(1). 15
URL data, for part 8, division 3, subdivision 2, see section 16
220. 17
vehicle, for part 6, see section 136. 18
© State of Queensland 2013
Authorised by the Parliamentary Counsel
Page 195
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