Approved provider obligations under the National Law

Last reviewed: 9 November 2026. Offences and penalties checked against Part 7 (sections 161 to 175) of the Education and Care Services National Law as in force on 9 November 2026 (Queensland reprint). Regulation references checked against the National Regulations. General information, not legal advice.

Quick answer

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.

Who the approved provider is

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.

Offences and maximum penalties

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.

SectionDutyIndividualOther (e.g. company)Guide
s 161Operate only with at least one nominated supervisor$17,100$86,100Nominated supervisor
s 162A responsible person present whenever a centre-based service is educating and caring for children$17,100$86,100Responsible person
s 165Children adequately supervised at all times$34,200$172,200Supervision plan
s 166No corporal punishment or discipline that is unreasonable in the circumstances$34,200$172,200Regulation 155
s 166ANo inappropriate conduct towards a child$34,200$172,000Section 166A
s 167Every reasonable precaution to protect children from harm and from hazards likely to cause injury$34,200$172,200Risk assessment
s 168A program based on an approved learning framework delivered to all children$13,500$68,700Educational program
s 169Ratios, qualifications and other staffing arrangements$34,200$172,000Out-of-ratio penalties
s 170No unauthorised person remaining on the premises while children are there$3,300$17,100Working with children checks
s 171Comply with a regulator direction to exclude an inappropriate person$34,200$172,200Compliance and enforcement
s 172Display the prescribed information (not family day care)$10,200$51,600Parents’ rights
s 173Notify the regulator of certain circumstances, such as a change of name or of a person with management or control$13,500$68,700NQA ITS notifications
s 174Notify serious incidents, complaints alleging a serious incident or a breach of the Law, and fitness and propriety changes$13,500$68,700Serious incident notification
s 175Keep the prescribed documents available for inspection$13,500$68,700Record 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.

The regulations behind the offences

Most offences in the National Regulations also fall on the approved provider. The ones that matter most day to day:

How breaches are dealt with

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.

Frequently asked questions

What is the role of an approved provider in childcare?

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.

What is the maximum penalty for an approved provider?

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.

Is the nominated supervisor also liable?

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.

What must an approved provider notify the regulator about?

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.

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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.