Compliance and Enforcement

Compliance

Approved education and care services must meet the requirements of the Education and Care Services National Law (ACT) Act 2011 and the Education and Care Services National Regulations 2011. Licensed childcare services must meet the requirements of the Children and Young People Act 2008 and the ACT Childcare Services Standards.

Approved and licensed education and care services are monitored regularly to ensure they are complying with their responsibilities under these laws. Our preference is to work with services to ensure any concerns are addressed quickly.

Enforcement

In some cases, stronger action may need to be taken by the Regulatory Authority. Under the National Law, compliance information about education and care services may be published by the Regulatory Authority.

As the Regulatory Authority for the ACT, the Education Directorate publishes on its website information on enforcement actions taken against approved providers, approved services and individuals. Publishing information about enforcement actions will drive continuous improvement within the education and care sector and help families make informed choices. Enforcement action may be taken where an individual or organisation has breached the National Law or Regulations.

What enforcement action can be published?

The enforcement actions that can be published are:

  • prosecutions for an offence against the National Law or National Regulations leading to a conviction or finding of guilt or plea of guilt;
  • enforceable undertakings;
  • compliance notices;
  • suspensions or cancellations of provider approvals, service approvals or supervisor certificates (other than voluntary suspensions or surrenders); and
  • amendments made to a provider approval, service approval or supervisor certificate for the purposes of enforcement.

Published enforcement actions under the Education and Care Services National Law (ACT) Act 2011: