Access keys | Skip to primary navigation | Skip to secondary navigation | Skip to content | Skip to footer |
Problems viewing this site
Early Childhood Education and Care > Workforce > Qualification requirements >

Staffing qualification waivers

For services captured under the National Law

On this page:

What is a waiver?
Temporary or service waiver?
Before you apply
Applying for a waiver
When will I know the outcome of my waiver application?
Displaying your waiver
More information

What is a waiver?

The department can issue a waiver if an approved provider can show genuine difficulty meeting staffing requirements under the National Quality Framework (NQF). Waivers play an important role in helping providers maintain their level of service to families while adjusting to NQF regulations or dealing with unexpected events.

A waiver is not to be used to avoid compliance. As the department expects that all services will be able to comply with the staffing requirements over time, only temporary waivers will be issued for staffing requirements.

There may be situations where, despite the best intentions, services are unable to meet staffing requirements. For example, in a remote community, finding qualified educators may be difficult or if a teacher leaves, finding a replacement may take time. Or services may be able to demonstrate they can achieve quality outcomes for children via an alternative approach to a prescribed staffing standard or regulation.

Temporary or service waiver?

Temporary waivers may be granted for up to 12 months and are intended for situations where providers are unable to meet building, environment or staffing requirements for short periods.

Service waivers may be granted if providers are unable to meet the building or environment requirements for ongoing periods, but only temporary waivers will be issued for staffing requirements.

A waiver can be revoked if the department decides it is appropriate, for example, because circumstances have changed. Approved providers will be given 60 days' notice of the decision to revoke a waiver, or another time period agreed with the provider. Approved providers can also apply to the department to revoke a service waiver.

Before you apply

IMPORTANT Please make sure you need a waiver before applying. To find out if educators in your service meet the regulations:

There is no reason to apply for a waiver if you are able to comply with the regulations. Do not apply just in case you may need a waiver in the future.

Applying for a waiver

You will need to demonstrate genuine difficulty meeting a regulation and the department will assess each waiver application case by case.

You must demonstrate that:

What you will need to demonstrate

When applying for a temporary waiver, you will need to demonstrate you have made and will make efforts to meet the requirements by:

You need to provide enough detail of these activities to enable us to assess your application. Be specific. Where and when did you advertise your vacant position? In which course at which institute is your staff member enrolled?

You will need to provide supporting evidence of recruitment and/or upskilling activities. You must provide clear, legible photocopies of:

text version of diagram below

Examples of what you will need to demonstrate

  • Centre-based services
    • Regulation to be waived
      • Regulation 132: requirement for early childhood teacher (ECT) - centre-based services.
    • Genuine steps have been taken
      • We advertised for an ECT in May and August 2013, placing advertisements in the local newspaper and circulating through our networks, but did not receive any applications from suitably qualified applicants.
    • A plan is in place to meet the requirements
      • We are working with the management committee to revise the terms and conditions for the ECT position and will re-advertise in the local paper and on over the next 3 months.
    • Children's health, safety and wellbeing is protected
      • Our Director has 10 years' experience and an Advanced Diploma in Children's Services and will act as our service's educational leader, planning programs and mentoring our educators, until we are able to recruit an ECT.
    • Evidence
      • Copies of job advertisements.
  • Family day care services
    • Regulation to be waived
      • Regulation 127: family day care educator qualifications.
    • Genuine steps have been taken
      • We have recruited a new experienced but unqualified educator, who has enrolled in a Certificate III in Children's Services course at the local TAFE that will begin in February 2014.
    • A plan is in place to meet the requirements
      • The scheme coordinator will provide regular supervision and the educator will also receive peer mentoring from a qualified local educator prior to commencing their course.
    • Children's health, safety and wellbeing is protected
      • The educator will meet the requirements once they begin actively working towards the qualification from February.
    • Evidence
      • Copy of statement of enrolment.

Which staffing regulations can be waived?

Approved providers can apply for a waiver for regulation:

Ch.7 Any jurisdiction-specific, transitional or saving provisions that apply in place of the regulations outlined above:

Note: where a waiver is required for a sub-regulation, approved providers are required to specify the sub-regulation.

Do waivers affect quality ratings?

A waiver allows a service to comply with the law. When a waiver is in place, the regulation or element under the National Quality Standard is taken as being met, or not applying. Therefore, services with waivers can still achieve ratings of Meeting and Exceeding National Quality Standard.

If a service has a waiver in place, this information will not be published on the ACECQA website.

How to submit a waiver application

Approved providers may submit an application via the National Quality Agenda IT System External Link

Alternatively, for Queensland services, you can send the completed waiver application, including payment details and required supporting documentation to:

Office for Early Childhood Education and Care
Department of Education and Training
PO Box 15033

When will I know the outcome of my waiver application?

The department has 60 days to assess your waiver application and to make a decision. The time period starts when the waiver application form, including all relevant supporting evidence, is received.

Once this decision is made, you will receive a letter from the department and if your application is successful, a new service approval is issued. Approved providers may check the status of waiver applications through the National Quality Agenda IT System

Displaying your wavier

If your waiver application is approved, your new service approval must be displayed at the entry of the service.

Need some help?

More information is available from your local regional office External Link.

^ Top of page

This page was last reviewed on 19 Jan 2017 at 04:26PM

Translation is provided by Google for your convenience. The department is not responsible for the accuracy of the translation. Readers should always refer to the English original as the source of information.

Copyright | Disclaimer | Privacy | Right to information | Access keys | Other languagesOther languages

© The State of Queensland (Department of Education and Training) 2016.

Queensland Government