Notify state regulator of serious incidents (childcare)
Approved ECEC services must notify state regulator of serious incidents within 24 hours / 7 days.
Who must comply
Approved providers of centre-based and family day care education and care services approved under the Education and Care Services National Law. Family day care educators, nominated supervisors, staff and volunteers have linked duties to report to the approved provider.
What triggers it
A serious incident, a complaint alleging a serious incident or contravention, an abuse allegation or reasonable belief of abuse, a closure or reduced attendance, a risk to children, or a change in a nominated supervisor's, staff member's or volunteer's working with children check or teacher registration.
When due
Within 24 hours for serious incidents, relevant complaints, abuse beliefs or allegations, closures, extra children in an emergency and working with children check changes; within 7 days for risks to children and most changes to provider or service information; parents notified within 24 hours of an incident affecting their child.
Evidence required
Incident, injury, trauma and illness records; regulatory authority notification receipts with timestamps; complaint register showing when complaints were received and notified; records of abuse allegations and actions taken; parent notification records; staff working with children check and teacher registration register; incident investigation and remediation records.
Max penalty
The notifications are legal obligations of the approved provider under s 174 of the Education and Care Services National Law; penalties are set by the National Law and are not reproduced in this record. Separate child protection reporting duties under state and territory laws carry their own consequences
Who must comply with this? The applicability test by industry, business structure and size.
Summary
Section 174 of the Education and Care Services National Law and regulations 12, 175 and 176 of the National Regulations require approved providers to notify the state or territory regulatory authority of serious incidents, complaints and changes at their services. A serious incident (reg 12) is the death of a child; a serious injury, trauma or illness for which the child attended, or ought reasonably to have attended, hospital; any emergency attended by emergency services; a child who appears to be missing, cannot be accounted for or has been removed from the premises in breach of the Regulations; or a child mistakenly locked in or out of the premises. Each must be notified within 24 hours, as must any complaint alleging a serious incident or a breach of the National Law, any incident forcing the service to close or reduce attendance, and any reasonable belief or allegation that physical or sexual abuse of a child has occurred. Circumstances posing a risk to children's health, safety or wellbeing are notified within 7 days. Parents must be told of any incident, injury, trauma or illness within 24 hours (reg 86). Providers may also have separate reporting duties under state child protection laws.
Source legislation
Topics
Related
- CWLTHComply with National Quality Framework (childcare)ECEC services must meet the NQF — assessments + ratings + ratios.
- CWLTHMandatory reporting of child safety concerns (ECEC)ECEC educators are state-mandated reporters of suspected child abuse/neglect.
- CWLTHChild Care Subsidy provider complianceCCS approved providers must comply with funding rules + record-keeping + minimum attendance.
- VICNotify VIC WorkSafe of notifiable WHS incidentsDeath, serious injury, illness or dangerous incident must be notified to WorkSafe immediately.
- NSWNotify SafeWork NSW of notifiable WHS incidentsDeath, serious injury, illness, dangerous incident — notify SafeWork NSW immediately.
Frequently asked questions
- Who must comply with state regulator of serious incidents (childcare)?
- Approved providers of centre-based and family day care education and care services approved under the Education and Care Services National Law. Family day care educators, nominated supervisors, staff and volunteers have linked duties to report to the approved provider.
- What triggers state regulator of serious incidents (childcare)?
- A serious incident, a complaint alleging a serious incident or contravention, an abuse allegation or reasonable belief of abuse, a closure or reduced attendance, a risk to children, or a change in a nominated supervisor's, staff member's or volunteer's working with children check or teacher registration.
- When is state regulator of serious incidents (childcare) due?
- Within 24 hours for serious incidents, relevant complaints, abuse beliefs or allegations, closures, extra children in an emergency and working with children check changes; within 7 days for risks to children and most changes to provider or service information; parents notified within 24 hours of an incident affecting their child.
- What is the maximum penalty for state regulator of serious incidents (childcare)?
- The notifications are legal obligations of the approved provider under s 174 of the Education and Care Services National Law; penalties are set by the National Law and are not reproduced in this record. Separate child protection reporting duties under state and territory laws carry their own consequences
- What evidence is required for state regulator of serious incidents (childcare)?
- Incident, injury, trauma and illness records; regulatory authority notification receipts with timestamps; complaint register showing when complaints were received and notified; records of abuse allegations and actions taken; parent notification records; staff working with children check and teacher registration register; incident investigation and remediation records.
Source: https://www.acecqa.gov.au/resources/applications/notification-types-and-timeframes. Rules Mate is not a law firm. Always verify against the live regulator source before acting.