

During the week I attended a meeting held by the Office for Early Childhood Education and Care which is overseen by the Department of Education and Training. They are responsible for:
- Regulating and licensing ECEC services in Queensland
- Leading Queensland’s input into the national early childhood reform agenda through the Council of Australian Governments(COAG)
- Working to ensure all Queensland can access a high quality kindergarten programme in the year before they start Prep – by 2014
Regulatory role of the Office
- Responsible for regulating and licensing early childhood education and care services in Queensland
- Administers the Child Care Act 2002 (the Act) and Child Care Regulation 2003
- The Act sets minimum legislative standards with which licensees of services are required to comply
- Currently 2,591 licensed services regulated by the Office in the state of Queensland:
- 1,905 Child Care Centres (including long day care, limited hours care and kindergartens)
- 601 School Age Care Services
- 85 Family Day Care Services
From 1 July 2010, amendments to the Child Care Act 2002 allow a licensee to apply to the Office for Early Childhood Education and Care for the internal review of a decision to issue a minor compliance notice. These notices relate to contraventions that pose a minor risk to the safety and wellbeing of children being provided care in a licensed early childhood education and care service.
The amendments follow the introduction of the compliance publication scheme which commenced on 2 February 2010. Then amendments are part of the commitment made by the Queensland Government to improve the quality of early childhood services.
Changes to Legislation
- Parliament passed further amendments to the Child Care Act 2002 that relate to compliance
- Stage 2 amendments take effect 1 July 2010
- In addition to the stage 1 amendments which commenced on 1 February 2010
- Stage 1 amendments apply to:
- Licensed centre based child care services – long day care, kindergartens and limited hours care
- Licensed home based services – family day care
- Individual child care professionals: Stand-alone care (care for no more than six children, of which no more than four children are not yet school age children)
Changes to Compliance Correspondence
- Since 1 February 2010, the risk level that each contravention presents to the safety and wellbeing of children is assessed
- Contraventions are described as minor or more than minor
- These factors have changed the way in which contraventions are recorded on compliance correspondence – in both pre-notice letters and compliance notices.
Changes to Compliance Correspondence
Pre 1 February 2010
- Level of risk of the contravention was not assessed
- Multiple contraventions of the same provision of the Act were grouped together as one contravention
- For example – 6 contraventions of the maintenance standards, were grouped together as one contravention
Current
- Level of risk is assessed for each contravention
- Each contravention is recorded individually
- Details of each of the contraventions is recorded in a table, providing the licensee with clear information to assist with compliance.
High Level of Compliance within the Sector
- Majority of service providers work with us to comply with child care legislation
- To date no compliance information has been published on the Department of Education and Training website
- The office made 8,729 visits to services across the state in 2009
- From 1 February to 10 May 2010 – 2,271 service visits
From 1 February – 30 April 2010
- Out of 3257 contraventions 3203 were remedied
- 0.6 per cent of the total number of services received a compliance notice
Changes to the Child Care Act 2002
Stage 1 – compliance publication scheme 1 February 2010
– Information published on the Department’s website about serious and repeated non-compliance, right of external review – state wide
Stage 2 – Compliance history log book and internal review 1 July 2010
– Services required to keep a compliance history log book to record minor, more than minor or serious con-compliance – (Local)
– Right of internal review (by chief Executive) for compliance notices for minor contraventions
Stage 3 – Investigate the inclusion of school age care and non-compliance with the building Act
– Possible inclusion in the publication scheme and compliance history log book
Stage 2 Amendments – 1 July 2010
– Compliance history log book
– Internal review
Enforcement and compliance policy
– Pre-notice letter
– Compliance notices
– Serious enforcement
Stage 2 Amendments
Apply to:
– Licensed centre based child care services – long day care, kindergartens and limited hours care
– Licensed home based services – family day care
Compliance History Log Book – 1 July 2010
– Recorded to be kept and maintained by a licensee, containing the licensee’s compliance history for the service
– One log book is required for each licensed premises
– Electronic or paper based
The log book must be kept at:
– The child care centre – for centre-based service
– The address stated on the license – for home-based service
The licensee must not enter personal information in the log book.
Compliance History Log Book
– Must be available for inspection
– Information (in writing) about the log book must be given to parents within 7 days from the time when a child first receives care
– A copy of part of a log book must be given when requested
Information to be Entered in the Log Book
The following information would be entered in the licensee’s log book:
– Address of centre or home based care service
– Name by which cenre or home based service is known
Information about a compliance notice given under the Act (not pre-notice letters):
– Compliance notice – minor and more than minor contraventions
– License amendment /urgent amendment
– License suspension/urgent suspension
When to Enter Information in the Log Book
– No review sought – 14 days after the 28 day review period ends
– Review is sought and the notice is confirmed – 14 days after the review decision is made
– Update information already entered in log book – 14 days after contravention is remedied
– Change of licensee
Internal Review
A licensee may apply to the Chief Executive for a review of an authorized Officer’s decision to issue a compliance notice, for a contravention that presents a minor risk to the wellbeing and safety of children being provided with care at the service.
– Licensee has 28 days within which an application may be lodged for a review of a minor compliance notice
– The review will be decided by the Chief Executive within 30 days of the receipt of the application (wherever practicable)
– The minor compliance notice will either be revoked or confirmed
Right of Review by Independent Body
– Service provider can apply to the Queensland Civil and Administrative Tribunal for a review of a decision to:
- Issue a compliance notice – more than minor contraventions
- Amend/urgently amend a license
- Suspend/urgently suspend a license
- Revoke a license, or
- Refuse to renew a license
Collaboration with the Sector
The Office will continue to support the ECEC services to meet legislated minimum standards
– Regional Service Centres will engage, work cooperatively and continue to support services to achieve amd maintain compliance – this may include issuing a pre-notice letter
– A consistent approach to issuing compliance notices will be maintained
– Publication scheme – transparent processes for publishing certain compliance information on website
– Log book – transparent processes for implementation and monitoring at a local level
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