Part 7 of the National Law gives the regulatory authority a ladder of tools. A compliance direction (section 176) is for breaches of prescribed regulations, gives at least 14 days, and carries $6,600 for an individual and $34,200 otherwise if ignored. A compliance notice (section 177) can be issued for a breach of any provision, gives at least 14 days, and carries $20,400 and $103,200. An emergency action notice (section 179) is for an immediate risk to children, gives at most 14 days, same penalties. The authority can also direct the suspension, supervision or training of a named staff member or nominated supervisor (sections 178 to 178E), accept an enforceable undertaking (section 179A), give a prohibition notice to a person (sections 182 to 188, $68,700 for the person, up to $344,700 for a provider who engages them), remove children in immediate danger (section 189), and suspend or cancel the service approval (sections 70 to 79). Compliance directions and notices get an internal review only (14 days to apply, section 191); suspensions, cancellations and prohibition notices go to the tribunal (30 days, section 193).
This page sets out each tool, when it is used, the time to respond, the penalty, and the review right, then explains what appears on the service’s compliance record and the public registers, and how a provider responds to a show cause notice. Text is from the Law as applied in Queensland, reprint current at 27 February 2026, which is the same cooperative scheme text adopted in each state and territory.
| Section | Tool | When | Time to comply | Penalty for non-compliance | Review |
|---|---|---|---|---|---|
| 176 | Compliance direction | The service has not complied with a regulation prescribed for this purpose (the regulations whose notes say a compliance direction may be issued), or there is a systemic risk across related providers (s 176(2A)). | Not less than 14 days | $6,600 individual, $34,200 otherwise | Internal only (s 190(g), s 192(a)) |
| 177 | Compliance notice | The service is not complying with any provision of the Law, or systemic risk (s 177(2A)). | Not less than 14 days | $20,400 individual, $103,200 otherwise | Internal only |
| 178 | Notice to suspend a family day care educator | The educator’s conduct or inadequate service means the provider is not complying or children are at risk; show cause notice first, 14 days for submissions, served personally. | As directed | $20,400 / $103,200 | Internal (s 190(i)) |
| 178A, 178B | Suspension direction: staff member or volunteer; nominated supervisor | Conduct or inadequacy causing non-compliance or risk, or an alleged breach of s 166 or 166A; show cause with 14 days unless immediate risk. | Period set by the authority | $20,400 / $103,200 | Internal (s 190(j), (k)) |
| 178C | Supervision direction | A staff member or volunteer must be directly supervised by a nominated supervisor, person in day-to-day charge or staff member for a set period. | As directed | $20,400 / $103,200 | Internal (s 190(l)) |
| 178D, 178E | Training direction: nominated supervisor; staff member or volunteer | Conduct causing non-compliance or an alleged s 166 or 166A breach; show cause with 14 days. | Period set by the authority | $20,400 (individual) | Internal (s 190(m), (n)) |
| 179 | Emergency action notice | The service is operating in a manner that poses, or is likely to pose, an immediate risk to children’s safety, health or wellbeing. | Not more than 14 days | $20,400 / $103,200 | Not listed as reviewable |
| 179A–181 | Enforceable undertaking | A person has contravened or allegedly contravened the Law, or as an alternative to suspension or a prohibition notice; may be published; while in force no prosecution for the matter; breach enforced by tribunal or court order. | As agreed | Court or tribunal orders; prosecution revives (s 181) | Not applicable |
| 182–188B | Prohibition notice | An unacceptable risk of harm to children if the person remained on the premises or provided care; also to prohibit or condition a person’s nomination as nominated supervisor (s 182(3)); show cause with at least 14 days unless immediate. | Immediate on service | Person: $68,700 (s 187); provider who engages or nominates them knowing or ought to know: $68,700 / $344,700 (s 188); false information about a notice: $20,400 (ss 188A, 188B) | Tribunal (s 192(b)(vii)); cancellation on application (s 186) |
| 189 | Emergency removal of children | Immediate danger to the safety or health of children; may enter without warrant with police assistance and use reasonable force; parents notified immediately. | Immediate | Not applicable | Not applicable |
| 70–76 | Suspension of service approval | Not in children’s best interests to continue; a condition not complied with; not managed in accordance with the Law; operated at a rating of not meeting the NQS with no waiver and no improvement; show cause under s 71. | Up to the prescribed maximum (r 39) | Operating while suspended is an offence under the Law | Tribunal (s 192(b)(iii)); emergency suspension s 73 internal first |
| 77–79 | Cancellation of service approval | Continued operation an unacceptable risk; suspension not rectified; approval obtained improperly; a condition not complied with. | On notice | Operating without approval: s 103 | Tribunal (s 192(b)(iv)) |
The difference is scope and consequence. A compliance direction can only be issued for the regulations prescribed for it, which are the ones whose text carries the note “A compliance direction may be issued for failure to comply”, mostly operational matters such as policies, premises, records and food. A compliance notice can be issued for any provision of the Law or Regulations, including the offences in sections 165 to 175. Both give at least 14 days. The penalty for ignoring a notice is three times the penalty for ignoring a direction, and both appear on the service’s compliance record under regulation 167 once the review period has passed. Neither can be taken to the tribunal: section 192(a) excludes them from external review, so the internal review under section 191 is the only avenue, and the 14-day application window runs from notification of the decision.
Suspension, cancellation, the staff directions and prohibition notices all begin with a show cause notice unless the authority is satisfied immediate action is needed for children’s safety. The notice states the proposed action and the reasons and gives at least 14 days for written submissions, which the authority must consider (sections 71, 178 to 178E, 183, 184). A useful submission does four things: corrects any factual error in the reasons with evidence; shows what has already been done to fix the matter (training records, amended policies, staffing changes, repairs); proposes an enforceable undertaking under section 179A where the authority has that option (section 184(3) makes it an express alternative to a prohibition notice); and addresses the children’s best interests directly, because that is the statutory test in section 70(1)(a). Submissions are made by the provider; a person facing a prohibition notice makes their own.
Regulation 167 requires the service to keep a record of its compliance: amendments to the service approval made by the authority under section 55, suspensions (other than voluntary), and compliance directions and notices, each with the authority’s stated reason, the steps required and the dates. The record must not identify anyone other than the provider (r 167(2)) and does not include a matter still within its review period or under review (r 167(3)). Under regulation 177(3)(b) any person may ask to see it. Regulation 173 requires conditions on the provider and service approvals and any waivers to be displayed at the entrance. Several regulatory authorities publish enforcement registers of compliance notices, emergency action notices, prohibition notices and enforceable undertakings on their websites, and the national registers under section 270 of the Law show each service’s approval, conditions and rating. A family checking a service’s history therefore has three sources: the displayed information, the compliance record on request, and the regulator’s published register where the state has one.
The dollar amounts are those in the Law as at 27 February 2026, after the indexation and the increases that took effect in the 2026 amendments. Infringement notices for prescribed offences are issued under state infringement legislation at the amounts the state sets. Prosecutions are brought in the state’s courts; section 284 sets the time limits for commencing proceedings.
A compliance direction (section 176) is available only for breaches of regulations prescribed for it (those whose text notes that a direction may be issued), gives at least 14 days, and carries $6,600 for an individual or $34,200 otherwise if not complied with. A compliance notice (section 177) is available for a breach of any provision of the Law, gives at least 14 days, and carries $20,400 or $103,200. Neither can be taken to the tribunal; both get an internal review only.
The period specified in the notice, which must be at least 14 days (section 177(3)). An application for internal review must be made within 14 days of being notified of the decision (section 191(2)). The review is decided within 30 days, extendable by up to 30 days.
A written direction under section 179 where the regulatory authority is satisfied the service is operating in a manner that poses, or is likely to pose, an immediate risk to the safety, health or wellbeing of children. It requires steps to remove or reduce the risk within not more than 14 days. Penalty for non-compliance: $20,400 for an individual, $103,200 otherwise. It is not listed among the reviewable decisions.
Yes. The person is first given a show cause notice with at least 14 days to respond unless immediate action is needed (section 183). After a notice is given, the person may apply to the authority to cancel it at any time (section 186), and a decision to give a prohibition notice or to refuse to cancel one may be reviewed by the tribunal within 30 days (sections 192(b)(vii), 193). While it is in force the person must not work in or for any service in any jurisdiction ($68,700), and a provider who engages them knowing or ought reasonably to know of the notice faces $68,700 or $344,700 (section 188).
Three sources: the information displayed at the entrance under regulation 173 (approvals, conditions, rating, waivers); the service’s regulation 167 compliance record, which any person may ask to see under regulation 177(3)(b) and which lists amendments, suspensions and compliance directions and notices after the review period; and the regulatory authority’s published enforcement register in states that keep one, together with the national registers under section 270 showing approvals and ratings.
A written undertaking under section 179A, accepted by the regulatory authority, in which a person promises to take or refrain from actions to comply with the Law, offered where a contravention is alleged or as an alternative to suspension or a prohibition notice. While it is in force no prosecution may be brought for the matter and the authority may not suspend or prohibit for it; if it is breached the authority may apply to the tribunal or court and the prosecution or action revives (sections 179B to 181). The authority may publish it.
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. Element and regulation wording is reproduced from the current reprint of the National Regulations; confirm the position with your regulatory authority before relying on it for a compliance decision.