As previewed in a previous post, in the table below, I have compiled statutory enforcement data under the National Law across jurisdictions, All data is for the period January 2022 to end of February 2024 (except for ACT, Queensland, and Victoria - see notes below). I obtained this information via Regulatory Authority websites (or directly) and FOI applications (see DATA SOURCES below). Thanks to the jurisdictions for being transparent about their enforcement activity. The various jurisdictions have different timings for publication and/or the way the information is compiled, so therefore it is difficult to make accurate comparisons across jurisdictions. However, having said that, the data gives a general (but basic) picture of statutory enforcement activity and the varying regulatory approaches across jurisdictions. To provide a better perspective on this data the number of non-compliances detected and number of complaints and notifications (in relation to compliance issues) received would be useful to make better comparisons across jurisdictions. Perhaps that’s a project for another post! (apologies for the formatting issues - to read the whole table, slide the bottom bar).
JURISDICTION* | PROSECUTIONS | CANCELLATION/SUSPENSION OF PROVIDER OR SERVICE APPROVAL
| CONDITIONS ON PROVIDER OR SERVICE APPROVAL | COMPLIANCE NOTICE/DIRECTION | EMERGENCY ACTION NOTICE | PROHIBITION NOTICE/ EXCLUSION | ENFORCEABLE UNDERTAKING | TOTAL (RATE PER 100 SERVICES**) |
ACT | 0 | 1 | 1 | 23 | 10 | 2 | 4 | 41 (20.5) |
NSW | 10 | 242 | 1035 | 1600 | 196 | 103 | 48 | 3234 (54.2) |
NT | 0 | 0 | 30 | 11 | 13 | 2 | 5 | 61 (26.4) |
Queensland | 6 | 4 | 4 | 1656 | 167 | 25 | 5 | 1867 (48.1) |
SA | 0 | 0 | 1 | 29 | 18 | 0 | 0 | 48 (3.7)) |
Victoria | 1 | 31 | 13 | 12 | 2 | 0 | 0 | 59 (1.3) |
Tasmania | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 1 (0.4)) |
WA | 24*** | 4 | 4 | 134 | 8 | 0 | 4 | 178 (12.9) |
NOTES
* Data for ACT only from 2023, Queensland data from 1/7/21 until end 2023, and Victorian data only for 2022-2023.
** Calculated on the basis of the number of current services in each jurisdiction. The ACT, Victorian and Queensland figures have been extrapolated/adjusted based on known data to give a more accurate comparison with other jurisdictions (given the different dates that the data was available for these jurisdictions).
*** Includes disciplinary proceedings under section 188AA-AC of the National Law (WA) as that is their preferred approach to legal proceedings.
DATA SOURCES:
· ACT - FOI Application. Thanks to the Education Directorate for providing the requested data free of charge.
· NSW - FOI Application and Department of Education website: https://education.nsw.gov.au/early-childhood-education/regulation-and-compliance/published-enforcement-and-decision-actions.Thanks to the Department of Education for providing the requested data free of charge.
· Northern Territory – directly from Quality Education and Care NT. Thank you to this unit for providing this information.
· Queensland - Department of Education website: https://earlychildhood.qld.gov.au/regulation/regulating-early-childhood-education-and-care/regulatory-data/compliance-and-enforcement-data; https://earlychildhood.qld.gov.au/regulation/regulating-early-childhood-education-and-care/regulatory-data
· South Australia - Education Standards Board website: https://www.esb.sa.gov.au/early-childhood/compliance-and-enforcement/current-compliance-action
· Tasmania - Education and Care website: https://educationandcare.tas.gov.au/families-and-communities/published-enforcement-actions-under-the-national-law/
· Victoria - Department of Education website: https://www.vic.gov.au/enforcement-action-regulatory-authority
· Western Australia - Department of Communities website: https://www.wa.gov.au/government/document-collections/education-and-care-regulatory-unit-enforcement-actions
Yorumlar