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 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.
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.
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:
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:
Examples of what you will need to demonstrate
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.
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.
Approved providers may submit an application via the National Quality Agenda IT System
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
CITY EAST QLD 4002
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
If your waiver application is approved, your new service approval must be displayed at the entry of the service.
More information is available from your local regional office .
This page was last reviewed on 19 Jan 2017 at 04:26PM