Tribunal overturns cancellation of Cape York ECEC provider approval

A Cape York early childhood education and care provider has retained its approval after the Queensland Civil and Administrative Tribunal overturned a regulatory decision to cancel it.

The Queensland Civil and Administrative Tribunal (QCAT) has set aside a decision by the Early Childhood Regulatory Authority to cancel the provider approval held by NPA Family and Community Services Aboriginal and Torres Strait Islander Corporation.

The regulatory authority cancelled the approval in July 2025 following a series of serious incidents and concerns about repeated compliance failures across the organisation’s services.

According to reporting by the Cairns Post, the matters considered by the regulator included allegations involving a former employee who faced 82 assault charges, as well as two serious incidents reported in 2024.

The regulator also raised concerns about CCTV systems, staff onboarding and training records, enrolment documentation, hygiene and maintenance.

QCAT Judicial Member Orazio Rinaudo found that the provider had demonstrated a continuing willingness to work with the regulator and address its shortcomings.

The tribunal determined that NPA Family and Community Services remained fit and proper to provide education and care services, and that its continued operation would not present an unacceptable risk to children’s safety, health or wellbeing.

Mr Rinaudo said cancelling a provider approval was a severe regulatory response and was appropriate when a provider was unwilling or unable to address non-compliance.

The tribunal concluded that this threshold had not been met in the circumstances.

Evidence presented to the tribunal indicated that the provider had introduced new systems and was operating in regulatory compliance at the time of the review.

The organisation had continued to work through complex compliance matters and had taken steps to strengthen its practices, systems and oversight.

The tribunal considered this willingness to improve when assessing whether cancellation remained necessary.

The potential effect of closure on remote Cape York communities also formed part of the evidence before QCAT.

The provider’s services support 82 families and employ 25 staff, according to information reported by the Cairns Post. Evidence before the tribunal indicated that closure would disrupt access to early childhood education and care, remove stable local employment and affect families relying on the services to participate in work.

NPA Family and Community Services said remote providers were required to meet the same standards as metropolitan services while managing distinct geographic, workforce and operational challenges.

The organisation also described its services as an important part of efforts to reduce disadvantage in the communities it supports.

The decision reinforces that serious compliance concerns must be addressed promptly and effectively.

It also demonstrates that cancellation, one of the strongest enforcement measures available under the national regulatory system, requires consideration of a provider’s current capability, its response to identified breaches and whether it remains willing and able to comply.

For approved providers, the case highlights the importance of maintaining reliable records, effective governance, appropriate staff induction and training systems, and clear evidence of corrective action.

It also shows that demonstrated improvement and constructive engagement with the regulatory authority may be relevant when a tribunal reviews an enforcement decision.

Source: Rosalee Chapman, ‘Queensland tribunal overturns decision to strip Cape York childcare centre of approval’, Cairns Post.