Assessments, audits and reviews
Individuals and organisations that provide services, programs, facilities or activities to children and young people, and other vulnerable people may be assessed, audited or reviewed for their implementation of the relevant standards.
In some cases, the Regulator may also assign a rating to the service, program or facility for their level of compliance with these standards. For example:
Education and care services are periodically assessed against the National Quality Standards and their compliance with the Education and Care Services National Law Regulations and assigned a rating. The rating ranges from excellent to significant improvement required.
Regulators may also investigate and take action if individuals and organisations have failed to comply with the relevant standards and obligations. This regulatory action may include:
- issuing compliance notices or directions
- imposing conditions or restrictions on registration
- varying or amending a provider’s registration to limit the services, programs, facilities and activities that can be provided
- suspending or cancelling registration.
These assessments, audits, reviews, investigations and regulatory actions help ensure that the services, programs, facilities and activities being provided to children and young people, and other vulnerable people are of high quality, and meet the standards that are expected of them.
Safety Quality & Care Legal Services can support individuals and organisations to conduct an internal audit or review of their compliance with these obligations.
We can also provide comprehensive advice and support to individuals and organisations who are being assessed, reviewed, audited or investigated by a regulatory body.
Funding obligations
Government and other bodies that provide funding and grants may also impose conditions and expectations regarding the way in which the services, programs, facilities or activities are to be delivered.
For example, the Victorian Department of Families, Fairness and Housing and the Victorian Department of Health include the following specific obligations in their Service Agreements:
- The organisation must use the funding in the way outlined in the agreement.
- The organisation must conduct referee checks, police checks, Working with Children clearances and other staff safety screening as appropriate.
- The organisation must comply with the Child Safe Standards if it provides services, programs, facilities or activities to children.
- The organisation must comply with the reportable conduct scheme.
- The organisation must act in accordance with the Charter of Human Rights and Responsibilities Act 2006 (Vic).
- The organisation’s practices and systems must protect personal and health information and comply with the Privacy and Data Protection Act 2014 (Vic), the Health Records Act 2001 (Vic), and the Privacy Act 1988 (Cth).
- The health and welfare of staff must be protected in accordance with occupational health and safety requirements.
- The organisation must have appropriate insurance, including public liability insurance, professional indemnity insurance, and insurance to cover incidents of child abuse (if appropriate).
- The organisation must record and respond to feedback, including compliments and complaints regarding the funded services, programs, facilities and activities.
Funding bodies may take action if an individual or organisation fails to comply with these conditions and expectations. The action taken may include suspending and cancelling the funding or grant.
Safety Quality & Care Legal Services can support individuals and organisations to conduct an internal audit or review of their compliance with these obligations.
We can also provide comprehensive advice and support to individuals and organisations who are being reviewed, audited or investigated by a funding body.