Guided Compliances vs Breaches/Non-Compliances

Since June 2020, ACA NSW members would be aware of our advocacies to the NSW Department of Education for a transparent and fair process when dealing with alleged breaches/non-compliances for every early childhood education and care services.

On 7 October 2021, the NSW Department of Education formally wrote to ACA NSW stating:

"[The NSW Department of Education has] been working with ACECQA to have 'guided compliance' better captured in NQAITS to reflect that the breach was noted by the matter was rectified. We continue to advocate for the importance of capturing 'guided compliance' to support fulsome capture of information and reflect in relation to any systemic non-compliance."

ACA NSW has since been receiving feedback from a number of members that guided compliances have indeed been occuring instead of Authorised Officers issuing breaches/non-compliances. 

That said, there may be some lack of clarity of what constitutes minor breaches/non-compliances that can enable Authorised Officers to conduct guided compliances instead of issuing formal notices of breaches/non-compliances.

The NSW Department of Education appears to be considering how to ensure clarity for both services as well as their Authorised Officers.

ACA NSW members are reminded that to access their alleged/confirmed breaches/non-compliances, Approved Providers can access their own list(s) and the status of such breaches/non-compliances for their own services via the NQAITS portal since December 2021.

For any further information/clarification, please contact the ACA NSW team on 1300 556 330 or nsw@childcarealliance.org.au.

PUBLISHED: 27 APRIL 2022