The approved provider is the person or organisation that holds provider approval and runs the service, and the National Law places most offences on it. It must make sure children are adequately supervised (s 165), protected from harm and hazards (s 167) and not subjected to inappropriate discipline (s 166) or inappropriate conduct (s 166A). It must also run an approved program (s 168), meet ratios and qualifications (s 169), have a nominated supervisor (s 161) and a responsible person present (s 162), and display, notify and keep the prescribed information (ss 172 to 175). The highest penalties are $34,200 for an individual and $172,200 for a body corporate. Most of these offences also bind the nominated supervisor.
What the National Law requires of an approved provider, offence by offence, with the maximum penalty and the guide that explains each duty in practice.
An approved provider holds a provider approval granted by a state or territory regulator. That approval lets it apply for service approvals, and each service approval covers one service. Every person with management or control of the provider must be a fit and proper person; see person with management or control. The provider is accountable for the service even when day-to-day running is delegated to a nominated supervisor and centre director.
These are the main Part 7 offences that apply to the approved provider. The penalties are the maximums written into the National Law. A court can impose up to the higher figure on a company or other non-individual provider.
| Section | Duty | Individual | Other (e.g. company) | Guide |
|---|---|---|---|---|
| s 161 | Operate only with at least one nominated supervisor | $17,100 | $86,100 | Nominated supervisor |
| s 162 | A responsible person present whenever a centre-based service is educating and caring for children | $17,100 | $86,100 | Responsible person |
| s 165 | Children adequately supervised at all times | $34,200 | $172,200 | Supervision plan |
| s 166 | No corporal punishment or discipline that is unreasonable in the circumstances | $34,200 | $172,200 | Regulation 155 |
| s 166A | No inappropriate conduct towards a child | $34,200 | $172,000 | Section 166A |
| s 167 | Every reasonable precaution to protect children from harm and from hazards likely to cause injury | $34,200 | $172,200 | Risk assessment |
| s 168 | A program based on an approved learning framework delivered to all children | $13,500 | $68,700 | Educational program |
| s 169 | Ratios, qualifications and other staffing arrangements | $34,200 | $172,000 | Out-of-ratio penalties |
| s 170 | No unauthorised person remaining on the premises while children are there | $3,300 | $17,100 | Working with children checks |
| s 171 | Comply with a regulator direction to exclude an inappropriate person | $34,200 | $172,200 | Compliance and enforcement |
| s 172 | Display the prescribed information (not family day care) | $10,200 | $51,600 | Parents’ rights |
| s 173 | Notify the regulator of certain circumstances, such as a change of name or of a person with management or control | $13,500 | $68,700 | NQA ITS notifications |
| s 174 | Notify serious incidents, complaints alleging a serious incident or a breach of the Law, and fitness and propriety changes | $13,500 | $68,700 | Serious incident notification |
| s 175 | Keep the prescribed documents available for inspection | $13,500 | $68,700 | Record retention |
Several of these sections also make the nominated supervisor, and in family day care the educator, personally liable, usually at a lower maximum. For example, section 165(2) applies to the nominated supervisor and section 165(3) to a family day care educator.
Most offences in the National Regulations also fall on the approved provider. The ones that matter most day to day:
Prosecution is only one option. A regulator can also issue a compliance direction or a compliance notice, accept an enforceable undertaking, impose conditions, or suspend or cancel an approval. See compliance notices and enforcement and regulatory authority visits. In practice, a regulator’s response depends on how serious the risk to children is and on the provider’s record. Written policies, rosters and records that show what actually happened are the provider’s main evidence.
The approved provider holds provider approval and operates the service. It is legally responsible under the National Law for supervision, safety, the educational program, staffing, notifications, records and fees, even when day-to-day management is delegated.
The highest Part 7 penalties, for inadequate supervision (s 165), inappropriate discipline (s 166) and failing to protect children from harm (s 167), are $34,200 for an individual and $172,200 for a company or other body.
Often yes. Sections such as 165, 166, 166A and 167 contain separate offences for the nominated supervisor, and some apply to family day care educators.
Under section 174: serious incidents, complaints alleging a serious incident or a breach of the Law, and changes relevant to fitness and propriety. Under section 173: matters such as a change of name or of a person with management or control.
WIDEN Law answers National Quality Framework questions with inline citations to the National Law, the Regulations and the NQS, so you can check the source provision yourself.
14-day free trial, no card →This page is a research summary, not legal or compliance advice. It is written in our own words from the sources linked on the page; confirm the position with your regulatory authority before relying on it for a compliance decision.