Regulators publish their most-breached provisions, and the same few appear in every state. Under the National Law they are protection from harm and hazards (s 167) and inadequate supervision (s 165), and in Queensland also inappropriate discipline (s 166). Under the Regulations they are unsafe or poorly maintained premises (r 103), emergency and evacuation procedures (r 97), policies missing or not followed (r 168, r 170), sleep risk assessments (r 84C) and staff records (r 145, r 151). NSW also records many breaches of s 172, the duty to display prescribed information. Most of these are found on visits through evidence the service could have had ready: a checklist, a drill record, a signed risk assessment, a roster.
What regulators in NSW, Queensland and South Australia report as the most common breaches, what each provision requires, and the fix that closes the gap before an officer finds it.
| NSW, Q4 2025–26 | Queensland, Q1 2026–27 | South Australia, 2024–25 |
|---|---|---|
| National Law: s 167 (534), s 172 (351), s 165 (279), s 31 (200), s 261A (167) Regulations: r 97 (568), r 168 (387), r 103 (380), r 151 (307), r 84C (257) |
National Law: s 165 (237), s 166 (159), s 167 (100), s 174 (62), s 169 (45) Regulations: r 103 (105), r 170 (53), r 97 (39), r 87 (37), r 99 (33) |
In order: s 167(1), s 165(1), r 103(1), r 170(1), s 165(2), r 95. No counts published |
Sources: NSW compliance and enforcement data, Queensland compliance and enforcement data, SA Education Standards Board. Counts are confirmed breaches in the period, and regulators may revise them later. The NSW entries for s 31 (grounds for cancelling a provider approval) and s 261A (regulator directions) come from enforcement action rather than day-to-day practice.
| Provision | What usually goes wrong | The fix |
|---|---|---|
| s 167 Protection from harm and hazards | Hazards left within reach: chemicals, broken equipment, unsecured furniture, gaps in fences or gates, hot drinks, cords | Daily indoor and outdoor safety checks signed off before children arrive; a hazard reporting and repair log; risk assessments for new equipment and activities. See daily safety checklist and risk assessment |
| s 165 Inadequate supervision | Areas left unsupervised during transitions, breaks, toileting and sleep; educators positioned with their backs to children; a child leaving the premises unnoticed | A written supervision plan by room and zone, a transition procedure, and head counts at every change. See supervision plan |
| s 166 Inappropriate discipline (and s 166A inappropriate conduct) | Isolating, shaming, rough handling or forcing children to eat or sleep | A behaviour guidance policy that staff can explain, induction, and leaders who model and correct practice. See regulation 155 and section 166A |
| s 172 Display of prescribed information | Approval details, the nominated supervisor, the responsible person, the rating or the regulator’s contact details out of date or not displayed | Check the display every time a role or rating changes. See responsible person |
| s 174 Notifications to the regulator | Serious incidents or complaints not notified within 24 hours | A notification flowchart beside the incident procedure. See serious incident notification |
| s 169 Staffing arrangements | Out of ratio during lunch breaks, at opening and closing, or when a qualified educator is absent | Rostered break cover and a ratio check at every shift change. See out-of-ratio penalties |
| Regulation | What usually goes wrong | The fix |
|---|---|---|
| r 103 Premises, furniture and equipment safe, clean and in good repair | Broken or damaged equipment, trip hazards, unclean areas, maintenance requests not actioned | A maintenance log with dates closed, and damaged items removed from use straight away. See premises requirements and cleaning checklist |
| r 97 Emergency and evacuation procedures | Drills not rehearsed every 3 months, rehearsals not documented, the risk assessment out of date, floor plans not displayed near exits | A rehearsal calendar covering every room, day and shift, with a record of each drill. See emergency and evacuation procedures |
| r 168 and r 170 Policies in place and followed | A required policy missing or not reviewed, or educators not following it in practice | Check against the regulation 168 list, review on schedule, and test educators’ knowledge. See regulation 168 policies and policy review schedule |
| r 84C Sleep and rest risk assessment | No risk assessment, or one not reviewed at least every 12 months | A dated risk assessment for each sleep area, reviewed on a calendar reminder. See sleep and rest requirements |
| r 145 and r 151 Staff records | Working with children check details, qualifications or the record of who worked directly with children, and when, missing or incomplete | A staff file checklist at induction, and rosters kept as the regulation 151 record. See staff records |
| r 87 Incident, injury, trauma and illness record | Records incomplete, not completed within 24 hours, or the parent notification not recorded | Use a template that matches regulation 87 field by field. See incident report |
| r 99 Children leaving the premises | A child released to a person not authorised in the enrolment record | Check identity and authorisation at every handover. See delivery and collection policy |
| r 95 Medication administration procedure | No second-person check, medication not in its original container, record incomplete | A medication checklist at the point of giving it. See medication administration |
| r 77 Health, hygiene and safe food practices | Food storage temperatures, handwashing and nappy change hygiene | Daily temperature logs and posted procedures. See food safety and hand hygiene |
A confirmed breach can lead to anything from a recorded finding to a compliance direction or notice, conditions, prosecution or, for serious or repeated breaches, suspension or cancellation. See compliance notices and enforcement and approved provider obligations for the maximum penalties. Fix the root cause rather than the single instance, record what changed, and add it to the quality improvement plan.
Nationally, the leading National Law breaches are failing to protect children from harm and hazards (s 167) and inadequate supervision (s 165). Among the Regulations, unsafe or poorly maintained premises (r 103) and emergency and evacuation procedures (r 97) top the NSW and Queensland lists.
NSW and Queensland publish quarterly top-five breach tables on their education department regulation pages. The SA Education Standards Board publishes annual common areas of non-compliance.
The regulator can record the breach, issue a compliance direction or notice, impose conditions, prosecute, or in serious cases suspend or cancel the approval. Penalties depend on the provision.
Rehearse the emergency and evacuation procedures at least every 3 months, record every rehearsal, keep the risk assessment current and display the procedure near each exit.
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.