A serious incident (regulation 12) is the death of a child; a serious injury, trauma or illness needing urgent medical attention or hospital; any emergency that emergency services attend; or a child who is missing, taken from the premises contrary to the Regulations, or locked in or out. The approved provider must notify the regulator within 24 hours (for a death, as soon as practicable but within 24 hours). Complaints alleging a serious incident or a breach of the Law, and incidents or allegations of physical or sexual abuse, are also 24-hour notifications. Most other changes are due within 7 days, and some within 14 days.
What counts as a serious incident, every main notification deadline in one place, what differs by state, and how to lodge.
Regulation 12 prescribes these serious incidents, each while a child is being educated and cared for by the service:
“Ought reasonably to have attended” means a serious incident is notifiable even if the family did not take the child to hospital.
| What happened | Deadline | Source |
|---|---|---|
| Death of a child | As soon as practicable, but within 24 hours of the death or of becoming aware of it | s 174(2)(a), r 176(2)(a)(i) |
| Any other serious incident | Within 24 hours of the incident or of becoming aware of it | s 174(2)(a), r 176(2)(a)(ii) |
| Complaint alleging a serious incident, or a contravention of the Law or Regulations | Within 24 hours of the complaint | s 174(2)(b), r 176(2)(b) |
| Incident requiring the service to close or reduce numbers (for example, a flood or fire) | Within 24 hours | r 175(2)(b), r 176(2)(b) |
| Reasonable belief that physical or sexual abuse has occurred or is occurring | Within 24 hours of the incident or of becoming aware of it | r 175(2)(d), r 176(2)(bb) |
| Allegation of physical or sexual abuse (not already notified as a complaint) | Within 24 hours of the allegation or of becoming aware of it | r 175(2)(e), r 176(2)(bc) |
| Extra children cared for in an emergency under r 123(5) | Within 24 hours of their attendance starting | r 175(2)(ca), r 176(2)(ba) |
| Any other circumstance posing a risk to a child’s health, safety or wellbeing | Within 7 days | r 175(2)(c), r 176(2)(c) |
| Change | Deadline | Source |
|---|---|---|
| Change in the approved provider’s name; appointment or removal of a person with management or control | Within 14 days | s 173(1), r 174 |
| Change to the provider’s address or contact details; receivers, liquidators or administrators appointed | Within 7 days | s 174(1)(b), r 175(1) |
| Any change relevant to the provider’s fitness and propriety; acquisition of 50% or more of ownership or voting rights | Within 7 days | s 174(1)(a), s 173(1A) |
| Adding a nominated supervisor | At least 7 days before they start | s 56(1) |
| A nominated supervisor leaves; a proposed change to the premises | Within 7 days | s 173(2) |
| Change to hours or days of operation, ages of children or the nature of care (centre-based) | Within 7 days | r 175(2)(a) to (ac), r 176(2)(c) |
| Starting or stopping regular transport of children (centre-based) | Within 7 days | r 175(2)(f), (g) |
| Change to a worker’s working with children check or WWVP status | Within 24 hours of becoming aware | r 176B |
| Intention to transfer the service approval | At least 60 days before the transfer, with exceptions | s 59, r 36 |
ACECQA’s full notification types and timeframes table also covers closures, suspensions, surrenders and family day care matters. Its National Decision Tree tells you whether a notification is needed and by when.
A family day care educator must tell their approved provider about any serious incident, any complaint alleging a serious incident or a breach of the Law, and circumstances at the residence or venue that may pose a risk to children (section 174A, regulation 176A). The provider then notifies the regulator within the deadlines above.
Under regulation 12: the death of a child; serious injury, trauma or illness needing urgent medical attention or hospital; an emergency that emergency services attended; or a child who is missing, taken from the premises contrary to the Regulations, or locked in or out.
Within 24 hours of the incident or of becoming aware of it. For the death of a child, as soon as practicable but within 24 hours.
Yes. A serious injury that a reasonable person would consider needed urgent medical attention, or for which the child attended or ought reasonably to have attended hospital, is a serious incident. Regulation 12 gives a broken limb as an example.
Yes. An allegation, or a reasonable belief, that physical or sexual abuse of a child has occurred or is occurring at the service must be notified within 24 hours (regulations 175(2)(d) and (e) and 176).
Among others: circumstances posing a risk to a child, a nominated supervisor leaving, a proposed change to the premises, changes to hours or days of operation, and changes relevant to the provider's fitness and propriety.
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.