Enforcement action taken by regulatory authority

QECNT, as the regulatory authority in the Northern Territory, is responsible for the administration of the NQF, which includes monitoring education and care services compliance with the Education and Care Services (National Uniform Legislation) Act 2011 and the Education and Care Services National Regulations.

The regulatory framework continue to guide all decisions-making. QECNT will always take a risk based, proportionate approach to regulatory actions in line with the framework. Voluntary compliance is always preferred, and we use only stronger enforcement tools when necessary. Infringement notices will only be issued where clearly warranted.

When non-compliance is identified, the regulatory authority will take appropriate enforcement action to address the risk to the health and safety of children and to mitigate the risk of the non-compliance reoccurring.

Enforcement actions may be published when non-compliance is particularly serious or high risk, or where there has been a pattern of repeated non-compliance.

Pursuant to section 270 of the national law and regulation 227 of the national regulations, the regulatory authority may publish information about enforcement actions taken under the national law including:

• a prosecution for an offence leading to a conviction or finding of guilt or a plea of guilt
• the acceptance by the regulatory authority of an enforceable undertaking
• the giving of a compliance notice
• the suspension or cancellation of a provider approval or service approval
• an amendment made to a provider approval or service approval for purposes of enforcement
• the giving of an emergency action notice under section 179 of the law.

Where a person is eligible to apply for an internal or external review of an enforcement action, information may be published after the end of the period for requesting a review, if no request for a review is made.

Families can also request to see a service’s record of compliance when choosing an early childhood education and care service for their child.

QECNT will begin operational use of infringement notices as part of the existing regulatory toolkit under the Education and Care Service National Law. Infringement introduction to the QECNT’s operational processes will not change our regulatory approach, rather it ensures we are using the full suite of tools available to support compliance and remain focused on child safety.

Our QECNT - regulation framework PDF (527.2 KB) details our approach to compliance and enforcement and the regulatory tools we use to ensure the health, safety and wellbeing of children in education and care services.

All state and territory governments including the NT agreed to publish information about enforcement actions on ACECQA’s family focused website, Starting Blocks.

You can see the enforcement actions published by QECNT and all state and territory regulators on Starting Blocks. This includes enforcement action for the last 2 years, and the most recent visit to the service.

Find out more about the types of action, or see enforcement actions on the Starting Blocks website.