Queensland Consolidated Acts

EDUCATION AND CARE SERVICES ACT 2013

- As at 1 February 2024 
- Act 44 of 2013 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY
   Note—

           Division 1 - Introduction

   1.      Short title
   2.      Commencement
   3.      Act binds all persons

           Division 2 - Object of Act

   4.      Object

           Division 3 - Guiding principles of Act

   5.      Guiding principles

           Division 4 - Interpretation

   6.      Definitions
   7.      Meaning of regulated education and care
   8.      Meaning of Queensland education and care service
   9.      Meaning of stand-alone service
   10.     Meaning of mobile service

   PART 2 - QUEENSLAND PROVIDER APPROVALS

           Division 1 - General

   11.     Effect of approval

           Division 2 - Application for Queensland provider approval

   12.     Person may apply for Queensland provider approval
   13.     Chief executive must decide application
   14.     Applicant must be suitable
   15.     Matters for deciding if an individual is suitable
   16.     Chief executive may seek further information
   17.     Duration of provider approval
   18.     Form of provider approval
   19.     Offence for approved provider not to comply with conditions of approval

           Division 3 - Reassessment of Queensland provider approval

   20.     Reassessment of suitability

           Division 4 - Amendment of Queensland provider approval

   21.     Amendment of provider approval on application
   22.     Amendment of provider approval by chief executive
   23.     Urgent amendment of provider approval by chief executive
   24.     Amended provider approval to be given to approved provider

           Division 5 - Suspension or cancellation of Queensland provider approval

   25.     Grounds for suspension of provider approval
   26.     Show cause notice before suspension of provider approval
   27.     Decision about suspension after show cause notice
   28.     Suspension of provider approval without show cause notice
   29.     Notice and taking effect of suspension
   30.     Effect of suspension
   31.     Grounds for cancellation of provider approval
   32.     Show cause notice before cancellation of provider approval
   33.     Decision about cancellation
   34.     Effect of cancellation
   35.     Approved provider to give information to chief executive
   36.     Approved provider to give notice to parents of suspension or cancellation of provider approval
   37.     Voluntary suspension of provider approval
   38.     Approved provider may surrender approval

           Division 6 - Personal representatives as approved providers

   39.     Death of sole holder of provider approval
   40.     Death of joint holder of provider approval

   PART 3 - QUEENSLAND SERVICE APPROVALS

           Division 1 - General

   41.     Effect of approval
   42.     More than one approval or approval holder

           Division 2 - Application for Queensland service approval

   43.     Approved provider may apply for service approval
   44.     Form of application for service approval
   45.     Chief executive must decide application for service approval
   46.     Chief executive may seek further information
   47.     Relevant matters for deciding application
   48.     Grounds on which chief executive must refuse application
   49.     Conditions of Queensland service approval
   50.     Service capacity
   51.     Emergency care
   52.     Form of Queensland service approval
   53.     Offence for approved provider not to comply with conditions of Queensland service approval
   54.     Annual fee

           Division 3 - Application for Queensland service approval in exceptional circumstances

   55.     Application for new service approval in exceptional circumstances
   56.     Form of application for exceptional circumstances service approval
   57.     Chief executive must decide application
   58.     Chief executive may seek further information
   59.     Relevant matters for deciding application
   60.     Conditions of exceptional circumstances service approval
   61.     When exceptional circumstances service approval ends
   62.     Approved provider to provide information to chief executive
   63.     Duration of temporary suspension of service approval of affected premises
   64.     Application of other provisions of this Act to this division

           Division 4 - Amendment of Queensland service approval

   65.     Amendment of service approval on application
   66.     Restrictions on amendment of service approval
   67.     Amendment of service approval by chief executive
   68.     Urgent amendment of service approval by chief executive
   69.     Amended service approval to be given to approved provider

           Division 5 - Transfer of Queensland service approval

   70.     Transfer of approval
   71.     Transfer of suspended service approval
   72.     Application for transfer to be dealt with as an application for a service approval
   73.     Chief executive must decide application
   74.     Confirmation of transfer
   75.     Notice to parents

           Division 6 - Suspension or cancellation of Queensland service approval

   76.     Grounds for suspension of service approval
   77.     Show cause notice before suspension of service approval
   78.     Decision about suspension after show cause notice
   79.     Suspension of service approval without show cause notice
   80.     Notice and taking effect of suspension
   81.     Lifting of suspension
   82.     Grounds for cancellation of service approval
   83.     Show cause notice before cancellation of service approval
   84.     Decision about cancellation of service approval
   85.     Application for transfer of cancelled service approval
   86.     Decision on application to transfer cancelled service
   87.     Approved provider to provide information to chief executive
   88.     Approved provider to give notice to parents of suspension or cancellation of service approval
   89.     Voluntary suspension of service approval
   90.     Approved provider may surrender service approval

           Division 7 - Chief executive to give information about disciplinary action to chief executive (employment screening)

   91.     Chief executive to give information to chief executive (employment screening)

           Division 8 - Application for service waiver

   92.     Application for service waiver for QEC approved service
   93.     Form of application for service waiver
   94.     Chief executive may request information and inspect premises
   95.     Matters chief executive may consider for service waiver
   96.     Decision on application
   97.     Revocation of service waiver
   98.     Effect of service waiver

           Division 9 - Temporary waiver

   99.     Application for temporary waiver for QEC approved service
   100.    Form of application for temporary waiver
   101.    Chief executive may request information and inspect premises
   102.    Matters chief executive must consider for temporary waiver
   103.    Decisions on application for temporary waiver
   104.    Chief executive may extend temporary waiver on application
   105.    Revocation of temporary waiver
   106.    Effect of temporary waiver

           Division 10 - Offences

   107.    Person must not provide an education and care service without service approval
   108.    Person must not advertise QEC service without service approval

   PART 4 - CONDUCT OF QEC APPROVED SERVICES

           Division 1 - General

   109.    Approved provider’s overriding responsibility

           Division 2 - Staff members

              Subdivision 1 - Staffing requirements

   110.    Standard requirements
   111.    Requirements applying to a service
   112.    Rest periods
   113.    Supervisor for QEC approved service
   114.    Appointment of nominee
   115.    Purpose and effect of appointment of nominee
   116.    Presence of at least 2 adult staff members

              Subdivision 2 - Qualifications, training and study

   117.    Certain unqualified person may fulfil requirement for qualified person
   118.    Defence of relying on evidence of qualifications, training or study
   119.    Evidence of staff qualifications or enrolment

           Division 3 - Other requirements

   120.    Required programs for children
   121.    Children must be adequately supervised
   122.    Children must be protected from harm and hazards
   123.    Display of prescribed information
   124.    Failure to notify chief executive of certain changes
   125.    Failure to notify chief executive of intention to transfer service approval
   126.    Failure to notify chief executive of change in suitability to operate QEC service
   127.    Failure to report serious incident, temporary closure incident, complaint or other prescribed matter

           Division 4 - Records

   128.    Failure to retain records
   129.    Access to records
   130.    Confidentiality of records
   131.    Record keeping obligations when person stops being approved provider

   PART 5 - STAND-ALONE SERVICES

   132.    Person involved in conduct of, or provision of care for, stand-alone service must be an adult
   133.    Suitability of other persons in home where stand-alone service operates
   134.    Maximum number of children receiving care
   135.    Person must not conduct stand-alone service without insurance

   PART 6 - MONITORING AND ENFORCEMENT

           Division 1 - Interpretation

   136.    Definitions for pt 6

           Division 2 - General provisions about authorised officers

              Subdivision 1 - Functions and appointment

   137.    Functions of authorised officers
   138.    Appointment of authorised officer
   139.    When office ends

              Subdivision 2 - Identity cards

   140.    Issue of identity card
   141.    Production or display of identity card

              Subdivision 3 - Miscellaneous provisions

   142.    References to exercise of powers
   143.    Reference to document includes reference to reproductions from electronic document

           Division 3 - Entry of places by authorised officers

              Subdivision 1 - Power to enter

   144.    General power to enter places

              Subdivision 2 - Entry by consent

   145.    Application of sdiv 2
   146.    Incidental entry to ask for access
   147.    Matters authorised officer must tell occupier
   148.    Consent acknowledgement

              Subdivision 3 - Entry under warrant

   149.    Application for warrant
   150.    Issue of warrant
   151.    Electronic application
   152.    Additional procedure if electronic application
   153.    Defect in relation to a warrant
   154.    Entry procedure
   155.    Entering a home and preserving privacy

              Subdivision 4 - General powers of authorised officers after entering places

   156.    Application of sdiv 4
   157.    General powers
   158.    Power to require reasonable help
   159.    Offence to contravene help requirement

           Division 4 - Seizure by authorised officers and forfeiture

              Subdivision 1 - Power to seize

   160.    Seizing evidence at a place that may be entered without consent or warrant
   161.    Seizing evidence at a place that may be entered only with consent or warrant
   162.    Seizure of property subject to security

              Subdivision 2 - Powers to support seizure

   163.    Requirement of person in control of thing to be seized
   164.    Offence to contravene seizure requirement
   165.    Power to secure seized thing
   166.    Offence to contravene other seizure requirement
   167.    Offence to interfere

              Subdivision 3 - Safeguards for seized things

   168.    Receipt and information notice for seized thing
   169.    Access to seized thing
   170.    Return of seized thing

              Subdivision 4 - Forfeiture

   171.    Forfeiture by chief executive decision
   172.    Information notice about forfeiture decision

              Subdivision 5 - Dealing with property forfeited or transferred to State

   173.    When thing becomes property of the State
   174.    How property may be dealt with

           Division 5 - Other information-obtaining powers

   175.    Power to require name and address
   176.    Offence to contravene personal details requirement
   177.    Power to require evidence of age, name and address of person suspected of being underage carer
   178.    Power to require production of document
   179.    Offence to contravene document production requirement
   180.    Offence to contravene document certification requirement
   181.    Power to require information
   182.    Offence to contravene information requirement

           Division 6 - Miscellaneous provisions relating to authorised officers

              Subdivision 1 - Damage

   183.    Duty to avoid inconvenience and minimise damage
   184.    Notice of damage

              Subdivision 2 - Compensation

   185.    Compensation

              Subdivision 3 - Other offences relating to authorised officers

   186.    Giving authorised officer false or misleading information
   187.    Obstructing authorised officer
   188.    Impersonating authorised officer

              Subdivision 4 - Other provisions

   189.    Evidential immunity for individuals complying with particular requirements

           Division 7 - Monitoring suitability of relevant persons

   190.    Suitability of persons in home in which stand-alone education and care is provided
   191.    Chief executive may obtain information about suitability checks
   192.    Notification that an occupant is a disqualified person

           Division 8 - Compliance

              Subdivision 1 - Compliance notices

   193.    Compliance notice
   194.    Compliance with Building Act requirements for QEC approved service

              Subdivision 2 - Emergency action notices

   195.    Emergency action notices

              Subdivision 3 - Prohibition notices

   196.    Basis for giving a prohibition notice
   197.    Show cause notice to be given before prohibition notice
   198.    Deciding whether to issue prohibition notice
   199.    Content of prohibition notice
   200.    Chief executive must give notice to chief executive (employment screening)
   201.    Cancellation of prohibition notice
   202.    Person must not contravene prohibition notice under this Act
   203.    Approved provider must not engage person to whom prohibition notice applies

           Division 9 - Publication about enforcement action

   204.    Compliance and enforcement information
   205.    When information about enforcement action may be published
   206.    Period of publication of information

           Division 10 - Periodic review of QEC approved services

   207.    Chief executive must undertake 3-yearly inspection of QEC approved service
   208.    Procedure for 3-yearly inspection

   PART 7 - REVIEW

           Division 1 - Review of certain decisions by chief executive

   209.    Approved provider may apply for review of decision to give a compliance notice
   210.    Approved provider may apply for review of decision to revoke service waiver

           Division 2 - Review by QCAT

   211.    Reviewable decisions
   212.    Chief executive or authorised officer must give notice after making reviewable decision

   PART 8 - INFORMATION, RECORDS AND PRIVACY

           Division 1 - Registers

   213.    Register of approved providers
   214.    Register of QEC approved services

           Division 2 - Publication

   215.    Publication of information about providers and services

           Division 3 - Confidentiality

              Subdivision 1 - Requirements for persons involved in administering this Act

   216.    Duty of confidentiality
   217.    Recording, use or disclosure for authorised purpose
   218.    Disclosure to relevant entities in other jurisdictions
   219.    Reporting matters of concern to other departments

              Subdivision 2 - Use and disclosure of URL data relating to approved kindergarten programs

   220.    Definitions for sdiv 2
   221.    Disclosure of URL data to chief executive and central governing bodies by relevant services
   222.    Use and disclosure of URL data by chief executive
   223.    Disclosure of URL data to Australian Bureau of Statistics and Australian Institute of Health and Welfare
   224.    Recording, use and disclosure of URL data by authorised officer of central governing body

   PART 9 - LEGAL PROCEEDINGS

           Division 1 - Evidence

   225.    Application of div 1
   226.    Appointments and authority
   227.    Signatures
   228.    Other evidentiary aids

           Division 2 - Offence proceedings

   229.    Summary proceedings for offences
   230.    Statement of complainant’s knowledge
   231.    Responsibility for acts or omissions of representatives
   232.    Liability of executive officer—particular offences committed by corporation
   233.    Executive officer may be taken to have committed offence
   234.    Defence of exercising reasonable diligence to ensure compliance
   235.    Reasonable belief about person’s age
   236.    Emergencies

   PART 10 - MISCELLANEOUS

           Division 1 - Application of Working with Children (Risk Management and Screening) Act 2000

   237.    Application of Act to corporations
   238.    Pending working with children check application—corporate approved provider
   239.    (Repealed)

           Division 2 - Other matters

   240.    Delegation by chief executive
   241.    Protecting prescribed persons from liability
   242.    Multiple holders of an approval
   243.    Approved forms
   244.    Regulation-making power

   PART 11 - REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

           Division 1 - Repeal

   245.    Repeal of Child Care Act 2002

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

   246.    Definitions for div 2
   247.    Centre based service taken to be QEC approved service if licence not revoked or suspended
   248.    Centre based service for which licence suspended immediately before commencement
   249.    Centre based service for which licence subject to a show cause process immediately before commencement
   250.    Chief executive to issue copies of provider approvals and service approvals
   251.    Time within which supervisor and nominee must be appointed
   252.    Applications for a licence under the repealed Act
   253.    Person may apply to QCAT after commencement for decisions made under repealed Act
   254.    Applications to QCAT before commencement continue after commencement
   255.    Person may apply to chief executive for decisions about compliance notices made under repealed Act
   256.    Applications to chief executive about compliance notices before commencement
   257.    Persons authorised to receive, use and disclose URL data
   258.    Compliance notices in force under the repealed Act
   259.    Prohibition notices in force under the repealed Act
   260.    Information retention and sharing
           SCHEDULE 1