Management or control of services: notifying changes

February | 2020

As an approved provider of an education and care service, you must notify us of any changes to persons with management or control of your service.

For example, if a person with management or control is appointed or removed, you must notify us. This is a requirement of s. 173(b) of the Education and Care Services National Law (South Australia).

Note: This fact sheet does not relate to a person in ‘day-to-day charge’ of a service. While a person, such as a centre manager or nominated supervisor, may have day-to-day charge of a service, this does not necessarily mean they have ‘management or control’.

Who is a person with management or control of a service?

According to the National Law, a person with management or control, in relation to an education and care service, is:

  • for a body corporate: an officer of the body corporate who is responsible for managing the delivery of the education and care service
  • for an eligible association: each member of the executive committee who has the responsibility for managing the delivery of the education and care service
  • for a partnership: each partner who has the responsibility for managing the delivery of the education and care service
  • for any other case: each person who has the responsibility for managing the delivery of the education and care service.

Why do approved providers need to notify of these changes?

As an approved provider, you have a legal responsibility for the safety, health and wellbeing of children being educated and cared for at your service. A person with management and control also has this legal responsibility.

An approved provider, once approved, must continue to demonstrate their fitness and propriety to be involved in managing or controlling an education and care service.

If the approved provider is an entity, this means any person with management or control must also be a fit and proper person to be involved in managing or controlling an education and care service.

When do I need to notify the Education Standards Board?

There are two instances when a notification is required. These include:

  1. If a member of a body corporate, association or entity changes at any time. This may be because of the appointment of a new person or because an existing person leaves.
  2.  If there is a change in the fitness and propriety of an existing person with management or control of an education and care service.

Where there is an appointment or removal of a person with management or control of a service, you must notify us within 14 days of the event (or within 14 days of becoming aware of it).

If an existing person in management or control becomes less fit or proper for any reason, we must be notified within seven days.

In addition to the notification, a PA02 Declaration of fitness and propriety form must also be attached. This declaration must be completed by each individual person with management or control of a service.

How do I notify the Education Standards Board?

To notify us of any relevant changes, you must submit an online PA08 Notification of change to information about approved provider and a PA02 Declaration of fitness and propriety form. 

Under ‘Part B: Type of notification’, you can either select either:

  • appointment of a person with management or control of the service
  • a change relevant to approved provider’s fitness and propriety or fitness of person in management and control.

How to access and submit notification forms

This is a two-step process: accessing and completing the form and then submitting it online via the NQA IT System. See below.

Step 1:

Access the notification form from the:

You will need to download and print the form and complete it on paper. Once complete, scan it and save it as a file ready to be uploaded in step 2.

Step 2:

Submit the notification online through the:

Contact details

Education Standards Board
Phone: (08) 8226 0077 or 1800 882 413
Website: 
www.esb.sa.gov.au
Email: educationstandardsboard [at] sa.gov.au

This fact sheet provides guidance for approved providers of education and care services to help them operate in line with the National Quality Framework. We also recommend referring directly to the legislation: