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- Guide to the NQF
- Section 5: Regulatory Authority Powers
- 9. Publishing information about enforcement actions
Table of contents
- Guide to the NQF
- Icons legend
- Section 1: Introduction
- Section 2: Applications and Approvals
- Section 3: National Quality Standard and Assessment and Rating
- Section 4: Operational Requirements
-
Section 5: Regulatory Authority Powers
- 1. Monitoring
- 2. Compliance tools
- 3. Enforceable undertakings
- 4. Amendment of approval – Conditions
- 5. Suspensions and cancellations
- 6. Cancellation of service approval
- 7. Cancellation of provider approval
- 8. Serving notices
- 9. Publishing information about enforcement actions
- 10. Powers of regulatory authorities
- 11. Powers of authorised officers
- 12. Conducting an investigation
- 13. Offences relating to enforcement
- 14. Complaints
- 15. Good regulatory practice
- Section 6: Reviews
- Section 7: Glossary
- Guide to the NQS reference list
9. Publishing information about enforcement actions
What information can be published?
[ National Law & Regulations, Section 270, Regulation 227 WA ]
Regulatory authorities may publish prescribed information about the following enforcement actions taken under the National Law:
- compliance notices
- emergency action notices
- prosecutions
- enforceable undertakings
- suspension or cancellation of approvals or certificates (other than voluntary suspension or surrender)
- amendments to approvals or certificates for enforcement purposes.
Additional enforcement actions may be prescribed under the National Regulations in future.
This published information must not identify or lead to the identification of an individual other than:
- an approved provider
- a person who is being prosecuted for an offence under the National Law
- a person with management or control of an education and care service (if the regulatory authority is satisfied that it is in the public interest to do so).
The published information must not identify or lead to the identification of a child.
The general information which may be published about these actions is set out below.
Information that may be published |
|
Type of enforcement action |
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Name and provider approval number of the approved provider subject to the enforcement action |
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Information that identifies a person with management or control of an education and care service (if the regulatory authority is satisfied that it is in the public interest to do so) |
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For a centre-based service:
|
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For a family day care service:
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For an individual subject to the enforcement action, their name if relevant |
|
The reason for the enforcement action, including details of the breach or alleged breach and the provision that was breached or alleged to be breached. |
The details of each enforcement action that may be published are set out below.
|
Enforcement action |
What can be published |
|
Prosecution for an offence under the National Law or Regulations leading to a conviction or finding of guilt or plea of guilt |
The provision of the National Law or Regulations that the person was convicted, or found guilty of, or pleaded guilty to breaching |
|
The date of the conviction, the finding or the plea of guilt for the offence |
|
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Any penalty imposed for the offence |
|
|
Information about any steps taken to remedy the subject of the prosecution and the date the steps were taken. |
|
|
Enforceable undertaking |
The terms of the enforceable undertaking |
|
The date of the enforceable undertaking |
|
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Information about any steps taken to remedy the subject of the enforceable undertaking and when the steps were taken. |
|
|
Compliance notice |
The steps specified in the compliance notice that the person must take to comply with the National Law or Regulations |
|
The date by which the steps must be taken |
|
|
Information about any steps taken to remedy the subject of the compliance notice and the date on which the steps were taken. |
|
|
Amendment to approval or certificate |
Details of the amendment |
|
The date on which the amendment took effect |
|
|
Suspension of approval or certificate (non-voluntary) |
The date of the start of the suspension |
|
The date of the end of the suspension |
|
|
Cancellation of approval or certificate |
The date on which the cancellation took effect |
Regulatory authorities do not have powers under the National Law to publish information about the below matters.
Enforcement actions the regulatory authority cannot publish |
|
Infringement notices |
|
Compliance directions |
|
Direction to exclude inappropriate persons from service premises |
|
Notice to suspend education and care by family day care educator |
|
Prohibition notices. |
Courts and tribunals typically publish details of their decisions.
The approved provider must keep a record of the service’s compliance (see Operational Requirements – Governance and leadership for further information).
9.1 Timing of publication
[ National Law & Regulations, Sections 191, 193, Regulation 228 ]
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. For an internal review, this period is 14 calendar days after the person is notified of the enforcement action or after they become aware of the decision if they are not notified. For an external review, this period is 30 calendar days after the person is notified of the enforcement action or outcome of an internal review.
If an application for internal or external review is made and withdrawn before a decision is made, the regulatory authority may publish the information on or after the day on which the application is withdrawn.
If an application is made for an external review, the regulatory authority may publish the information on or after the day on which the review is decided, if the enforcement action is confirmed or amended or another enforcement action is substituted.