How we monitor compliance
We use a range of methods to monitor compliance with the following legislation:
- Education and Care Services National Law (National Law)
- Education and Care Services National Regulations (National Regulations)
- Children’s Services Act (CS Act)
- Children’s Services Regulations (CS Regulations)
- Child Safe Standards (part of the Child Wellbeing and Safety Act).
Why we visit services
We visit services to monitor compliance with their legal obligations and assess potential risks to children.
We also check compliance with the Child Safe Standards (CSS), which we regulate for early childhood services.
Visits can be:
- part of regularly scheduled compliance checks
- in response to a notification, complaint or incident
- part of an investigation
- to conduct an assessment and rating
- to assess applications for provider and service approval.
What authorised officers do during visits
Authorised officers play a key role in monitoring compliance in early childhood services. They also support services by offering advice and guidance on compliance issues.
Information from these visits helps identify risks to children’s health, safety and wellbeing.
Powers of authorised officers
Authorised officers are appointed under the National Law and CS Act.
They have powers to:
- search the service premises – this includes family day care (FDC) residences (including areas outside the FDC residence to assess areas of risk accessible to children)
- inspect the service premises or anything on it
- take photographs, film or make audio recordings
- copy, or take an extract from a document
- ask a person at the premises to provide information to help them:
- monitor compliance
- conduct an investigation
- undertake an assessment and rating visit.
It is an offence to:
- obstruct an authorised officer
- fail to assist an authorised officer
- destroy or damage notices or documents
- impersonate an authorised officer
- provide false or misleading information or documents.
Additional information
Updated