Notification types and timeframes
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Approved providers are required to notify the regulatory authority about incidents, complaints and changes to information. This page outlines the various notification types and timeframes.
NOTE: Approved providers, educators and other education and care service staff may also be required to report on incidents or suspected incidents involving children under other State and Territory laws including child protection legislation.
| Reference | Type of Notification | Responsibility | Timeframe |
|---|---|---|---|
| Change to information about approved provider | |||
| Section 173(1)(a) | Notice of change in name of approved provider | Approved provider | Within 14 days |
| Section 174(1)(b) Regulation 175(1)(a) | Change to address, principal office* or contact details of approved provider * Note this is distinct from the obligation on family day care services to notify of change in location of principal office under s173(2)(e) (see below) | Approved provider | Within 7 days |
| Section 174(1)(a) | Any change relevant to approved provider’s fitness and propriety | Approved provider | Within 7 days |
| Section 173(1)(b) | Notice of any appointment or removal of a person with management or control of service | Approved provider | Within 14 days |
| Section 174(1)(b) Regulation 175(1)(b) | The appointment of receivers or liquidators to the approved provider or any matters that affect the financial viability and ongoing operation of the service | Approved provider | Within 7 days |
| Section 39(2) | Death of approved provider | Nominated supervisor or person in day to day control | Within 7 days of the death |
| Section 306(5) | If an approved provider is a trust, the trust must notify the identity of the trustee | The trust | Within 30 days after the scheme commencement day |
| Section 38(1) | Surrender of provider approval | Approved provider | No specified timeframe |
| Change to information about education and care service | |||
| Section 173(1)(c) | A failure to commence operating within 6 months (or within the time agreed with the regulatory authority) of being granted a service approval | Approved provider | Within 14 days |
Section 173(2)(a) Regulation 174(1) | Suspension or cancellation of a working with children card or teacher registration of a nominated supervisor, or disciplinary proceedings of a nominated supervisor under an education law | Approved provider | Within 14 days |
| Section 174(2)(c) Regulation 175(2)(a) | Any change to the hours and days of operation of the service | Approved provider | Within 7 days |
| Section 173(2)(e) | A change in the location of the principal office of a family day care service | Approved provider | At least 14 days before the change will occur |
Section 56(1)
| Adding nominated supervisor(s) | Approved provider | At least 7 days prior to commencement (or, if 7 days is not possible, as soon as practicable but no more than 14 days after commencement) |
| Section 56A | Change of a nominated supervisor's name or contact details | Approved provider | No specified timeframe |
| Section 173(2)(b) | A nominated supervisor is no longer employed or engaged by the service, is removed from the role or withdraws consent to the nomination | Approved provider | Within 7 days |
| Section 173(2)(c) | Any proposed change to the premises (other than a family day care residence) | Approved provider | Within 7 days |
| Sections 59 and 173(2)(f) Regulations 36 & 37 | Intention to transfer service approval | Transferring approved provider and receiving approved provider | At least 60 days before transfer, except in WA, which is at least 42 days before the transfer |
| Section 59A | Delay to transfer of service approval* * Note this requirement is not yet applicable in WA | Transferring approved provider and receiving approved provider | As soon as practicable |
| Section 68 | Confirmation of transfer taking effect, specifying the date of transfer | Transferring approved provider and receiving approved provider | Within 2 days after transfer |
| Section 173(2)(d) | Ceasing to operate the education and care service | Approved provider | Within 7 days |
| Section 86(1) | Surrender of service approval | Approved provider | No specified timeframe |
| Section 174(2)(c) Regulation 175(2)(ab) | Any change to the ages of children being educated or cared for by a centre-based service | Approved provider | Within 7 days |
| Section 174(2)(c) Regulation 175(2)(ac) | Any change to the nature of education and care offered by a centre-based service | Approved provider | Within 7 days |
| Regulation 175(2)(f) | The first time a centre-based service provides, or arranges, for the transportation of children | Approved provider | Within 7 days |
| Regulation 175(2)(g) | The final time a centre-based service provides, or arranges, for the transportation of children | Approved provider | Within 7 days |
| Incidents and Complaints | |||
Section 174(2)(a) Regulation 12(a) | Serious incident - Death of a child | Approved provider | As soon as practicable, but within 24 hours |
| Section 174(2)(a) Regulation 12(c) | Serious incident - Any incident involving serious illness of a child while being educated and cared for which the child attended or ought reasonably to have attended a hospital | Approved provider | Within 24 hours of the incident or of becoming aware of the incident |
| Section 174(2)(a) Regulation 12(b) | Serious incident - Any incident involving serious injury or trauma to a child while being educated and cared for which the child attended or ought reasonably to have attended a hospital, or a reasonable person would consider that the child would require urgent attention from a registered medical practitioner | Approved provider | Within 24 hours of the incident |
Section 174(2)(a) Regulation 12(d) | Serious incident - Any emergency for which emergency services attended | Approved provider | Within 24 hours of the incident |
Section 174(2)(a) Regulation 12(e)(i) and 12(e)(ii) | Serious incident - A child appears to be missing or cannot be accounted for or appears to have been removed from the premises in a manner that contravenes the National Regulations | Approved provider | Within 24 hours of the incident |
Section 174(2)(a) Regulation 12(e)(iii) | Serious incident - A child is mistakenly locked in or out of the premises or any part of the premises | Approved provider | Within 24 hours of the incident |
| Section 174(2)(b) Regulation 12 | Any complaint alleging that: - a serious incident has occurred or is occurring at an education and care service (refer to Serious Incidents outlined in table above), or - the National Law has been contravened | Approved provider | Within 24 hours of the complaint |
| Section 174(2)(c) Regulation 175(2)(b) | Any incident that requires the approved provider to close, or reduce the number of children attending the service for a period | Approved provider | Within 24 hours of the incident |
| Section 174(2)(c) Regulation 175(2)(c) | Any circumstance at the service that poses a risk to the health, safety or wellbeing of a child attending the service | Approved provider | Within 7 days |
Section 174(2)(c) Regulation 175(2)(d) | Any incident where the approved provider reasonably believes that physical or sexual abuse of a child or children has occurred or is occurring while the child is being educated and cared for by the service | Approved Provider | Within 7 days |
Section 174(2)(c) Regulation 175(2)(e) | Allegations that physical or sexual abuse of a child or children has occurred or is occurring while the child is being educated and cared for by the service | Approved Provider | Within 7 days |
| Section 174(2)(c) Regulation 123(5) Regulation 175(2)(ca) | The centre-based service is educating and caring for extra child/ren due to an emergency | Approved Provider | Within 24 hours |
| Information for FDC Educators to report to their Approved Provider | |||
Section 174A(a) Regulation 12 | Any serious incident while a child is being educated and cared for by the educator* *Refer to Serious Incidents outlined in Incidents and Complaints table above) | FDC Educator | No specified timeframe |
Section 174A(b) Regulation 12 | Any complaint alleging that: - a serious incident has occurred while a child was being educated and cared for*, or - The National Law has been contravened | FDC Educator | No specified timeframe |
| Section 174A(c) Regulation 176A | Any circumstances at the FDC residence or venue that may pose a risk to the health, safety and wellbeing of children. Circumstances include: - renovations or other changes to the residence or venue - infectious disease outbreak - bushfire, floor or other natural disaster | FDC Educator | No specified timeframe |
| Regulation 164(2) | Any circumstance relating to a person who resides, or intends to reside, at the residence that may affect whether the person is fit and proper | FDC Educator | No specified timeframe |
| Notification to parents | |||
| Regulation 172 | Policies and procedures: Parents must be notified before making a change to a policy or procedure required under regulation 168 or 169 that will significantly impact: - the provision or education and care at the service; or - the family’s ability to utilise the service. Parents must be notified before making changes affecting fees or the way fees are collected. | Approved provider | At least 14 days prior unless this time period would pose a risk to the health to the safety, health or wellbeing of a child, in which case as soon as practicable after making the change. |
| Section 37(3) | Voluntary suspension of provider approval: approved provider must notify the parents of children enrolled at the services operated by the approved provider. | Approved provider | At least 14 days prior to application for suspension |
| Section 38(3) | Surrender of provider approval: approved provider must notify the parents of children enrolled at the services operated by the approved provider | Approved provider | At least 14 days before the surrender is intended to take effect |
| Section 85 | Voluntary suspension of service approval: approved provider must notify the parents of children enrolled at the service and any associated children’s services | Approved provider | At least 14 days before making application for voluntarily suspension |
| Section 86 | Surrender of service approval: approved provider must notify the parents of children enrolled at the service and any associated children’s service | Approved provider | At least 14 days before surrender is intended to take effect |
| Section 69 | Transfer of service approval: A parent of a child enrolled at a service is to be notified of the transfer of the service approval to the receiving approved provider | Receiving approved provider | At least 7 days before transfer, except in WA, which is at least 2 days before the transfer |
| Regulation 86 | A parent of a child being educated and cared for by the service is to be notified if the child is involved in any incident, injury, trauma or illness while at the service. | Approved provider | As soon as practicable, but no more than 24 hours |
| Regulation 88 | If there is an occurrence of an infectious disease at a centre-based service, the approved provider must ensure that a parent or authorised emergency contact of each child is notified of the occurrence. If there is an occurrence of an infectious disease at a family day care residence or venue, the approved provider must ensure that a parent or authorised emergency contact of each child is notified of the occurrence. | Approved provider | As soon as practicable |
| Regulation 93 | Written notice must be given to a parent or other family member if medication is administered in an emergency pursuant to verbal authorisation by: - a parent or person named in the enrolment record as authorised to consent to the administration of medicine; or - if these people cannot reasonably be contacted, a registered medical practitioner or emergency service | Approved provider | As soon as practicable |
| Regulation 94 | If medication is administered in case of an anaphylaxis or asthma emergency, the approved provider or a nominated supervisor of the service or family day care educator must ensure that a parent and emergency services are notified. | Approved provider/nominated supervisor/educator | As soon as practicable |