Staff screening obligation reinforced for Queensland approved providers

Approved providers across Queensland are being reminded of their legal obligation to check the register of prohibited persons and suspended educators before employing any individual to work in an early childhood education and care (ECEC) service.

Recent investigations by the Regulatory Authority have found instances where prohibited individuals, those banned from working in ECEC services or from being nominated supervisors, were engaged without the required checks being completed.

• Some of these individuals were prohibited from working in any centre
• Others were barred from being nominated supervisors due to not being deemed fit and proper for the role

Had the register been checked via the National Quality Agenda IT System (NQAITS) during recruitment, approved providers would have been aware of these prohibitions.

Under section 188 of the National Law and section 203 of the Education and Care Services Act 2013 (ECS Act), it is an offence to engage a prohibited person if the approved provider knows, or ought reasonably to know, that the person is on the register. This applies to all roles, including:

• Employees
• Contractors
• Volunteers

Enforcement actions are taken when individuals are found to pose an unacceptable risk to children or are not suitable to act as a nominated supervisor.

Approved providers must:

1. Log in to the National Quality Agenda IT System (NQAITS)
2. Access the register of prohibited persons and suspended educators
3. Search by name and date of birth
4. Record and retain a note of the search outcome, including:

• The name of the person checked
• The date the register was checked
• The name of the person conducting the search

Search results will indicate either:

• “No records found matching the criteria”, or
• “A match has been found”, with instructions to contact the Regulatory Authority ecec@qed.qld.gov.au for confirmation

Only approved providers may access the register, as permitted under section 272 of the National Law.

Approved providers operating under the ECS Act should contact their local regional office to verify a person’s status.

Approved providers are strongly urged to:

• Review and update recruitment policies and procedures
• Ensure register checks are conducted every time a person is considered for employment
• Share this compliance information with service directors and staff involved in recruitment

Find more information in the latest Regulatory Bulletin on checking prohibition status

Ensuring only suitable people work with children is a core responsibility, and one of the most effective safeguards for child safety in early childhood education and care.