The Education Standards Board has an important role in ensuring that services comply with the legislation. To do this, we may need to investigate complaints or concerns raised about services.
We administer the following legislation:
- Education and Early Childhood Services (Registration and Standards) Act 2011 (SA), incorporating the Education and Care Services National Law (South Australia)
- Education and Care Services National Regulations 2011
- Education and Early Childhood Services (Registration and Standards) Regulations 2011 (SA)
We have adopted a contemporary approach to regulation. We assess risks and benefits, educate services about required changes and act in proportion to the situation. This is all to maximise positive outcomes for children and reduce regulatory burden for the sector.
Notifications by providers and services
Providers and services are required to notify the Education Standards Board about a range of information concerning their operations.
Notification types and timeframes are set out on the website of the national regulatory authority, ACECQA.
Most applications can be submitted online via ACEQCA’s website.
We also have a fact sheet on Notifications that should assist you.
When undertaking investigations, the Education Standards Board is guided by the following principles:
Outcomes focused: Regulatory actions should promote quality outcomes for children and further the objectives of the laws being administered.
Proportionality and efficiency: The design and application of regulation should be proportionate to the problem or issue it is seeking to address and focused where it will generate the greatest benefit from the resources employed.
Responsiveness and flexibility: The ESB will consider the available options and tailor their approach to the specific case with a focus on outcomes for children.
Transparency and accountability: Regulatory actions should be open and transparent, fair and consistent to encourage public confidence.
Independence: When exercising a power, this should be done in the absence of actual or perceived conflicts of interest or influences that may impinge on objectivity.
Communication and engagement: Engaging with a broad range of stakeholder groups makes regulatory activities more efficient and effective.
Mutual responsibility: Providers, managers and staff of education and care services have the primary responsibility for ensuring the safety, health, wellbeing and educational outcomes of children in their care.
Consistency and cooperation across jurisdictions: Cooperation and coordination across jurisdictions can reduce duplication of effort and improve efficiency and effectiveness.
Awareness of the broader regulatory environment: The ESB will be aware of inter-related regulatory schemes, cooperating and sharing information to reduce duplication of regulatory effort and burden.
Register of compliance actions
The Education Standards Board will publish compliance and enforcement information for three years. However, an affected person may apply to us to have the information removed. We will then decide whether to amend, remove or retain that information on our website.compliance-action-table-july-2019.pdf (142.57 KB)