Section 5: Regulatory Authority Powers

State and territory regulatory authorities are responsible for the administration of the National Quality Framework (NQF), including monitoring and enforcing compliance with the National Law and Regulations.

Consistent with the objectives of the NQF, the approach to enforcement and compliance is to:

  • ensure the safety, health and wellbeing of children
  • improve children’s educational and developmental outcomes
  • promote continuous quality improvement in education and care services.

Regulatory authorities have a range of approaches and tools to facilitate these objectives and consistently reinforce the requirements of the NQF.

Regulatory authorities will educate and inform providers and services and empower them to understand and meet their obligations.

Regulatory authorities will endeavour to take action that is proportionate to the issue and is most likely to achieve improved outcomes for children. When deciding how to respond to an incident or issue, regulatory authorities will consider the circumstances of each case and the risk to children (both short and long term). They may also take into account the compliance history of the approved provider or approved service.