An Act to amend the Education (Queensland College of Teachers) Act 2005, the Education (Queensland College of Teachers) Regulation 2016 and the legislation mentioned in schedule 1 for particular purposesThe Parliament of Queensland enacts—Part 1Preliminary1Short titleThis Act may be cited as the Education Legislation (Registration of Early Childhood Teachers) Amendment Act 2026.2CommencementThe following provisions commence on 1 July 2028—

(a)section 9;

(b)sections 22 to 25.

Part 2Amendment of Education (Queensland College of Teachers) Act 20053Act amendedThis part amends the Education (Queensland College of Teachers) Act 2005.4Amendment of s 3 (Main objects of Act)Section 3(1)(c), after ‘schools’—insert—and education and care services5Insertion of new ss 6A and 6BAfter section 6—insert—6AMeaning of teacher(1)A person is a teacher if the person—

(a)undertakes duties at a school or an education and care service that include 1 or more of the following duties—

(i)delivering an educational program to children or students;

(ii)assessing participation by children or students in the program;

(iii)otherwise administering or providing consistent and substantial educational leadership of the program; or

(b)undertakes duties at a place other than a school or education and care service that include 1 or more of the following duties—

(i)delivering a prescribed educational program to children or students;

(ii)assessing participation by children or students in the program;

(iii)otherwise administering or providing consistent and substantial educational leadership of the program.

(2)However, teacher does not include—

(a)a teacher’s aide or teacher’s assistant; or

(b)a student teacher; or

(c)an early childhood educator; or

(d)a person in another role prescribed by regulation.

(3)In this section—early childhood educator means an educator under the Education and Care Services National Law (Queensland) who is not an early childhood teacher.early childhood teacher see the Education and Care Services National Regulations, section 4(1).prescribed educational program means an educational program prescribed by regulation.6BMeaning of approved teacher(1)Generally, an approved teacher is a person who—

(a)is a registered teacher; or

(b)holds a permission to teach.

(2)However, a person is not an approved teacher, for teaching at a school, if the person’s registration is subject to an ECS condition.6Amendment of s 8 (Eligibility for full registration)(1)Section 8(1)(a)(ii), example, ‘in a school, whether or not the school is’—omit, insert—at a school or education and care service, whether or not(2)Section 8—insert—(3A)Without limiting subsection (1)(a)(i), a regulation under that subsection may prescribe requirements about the qualifications for full registration restricted to teaching only at an education and care service (the ECS qualification requirements for full registration).(3)Section 8(4), after ‘section 20’—insert—, including an ECS condition(4)Section 8(3A) and (4)—renumber as section 8(4) and (5).7Amendment of s 9 (Eligibility for provisional registration)(1)Section 9(1)(a)(ii), example, after ‘such as’—insert—an education and care service,(2)Section 9—insert—(3A)Without limiting subsection (1)(a)(i), a regulation under that subsection may prescribe requirements about the qualifications for provisional registration restricted to teaching only at an education and care service (the ECS qualification requirements for provisional registration).(3)Section 9(4), after ‘section 20’—insert—, including an ECS condition(4)Section 9(3A) and (4)—renumber as section 9(4) and (5).8Amendment of s 10 (Eligibility for permission to teach)(1)Section 10, heading, after ‘teach’—insert—at schools(2)Section 10(1), after ‘eligible for permission to teach’—insert—at a school(3)Section 10(1)(a), ‘a school’—omit, insert—the school9Amendment of s 12 (Suitability to teach—other considerations)Section 12(1)(a)(iii), after ‘a school’—insert—or education and care service10Amendment of s 12F (Decision on eligibility application)Section 12F(5)(c), after ‘for a school’—insert—or education and care service11Amendment of s 20 (How college may decide application)Section 20(2), after ‘However,’—insert—subject to section 20A,12Insertion of new s 20AAfter section 20—insert—20ACondition for teaching only at an education and care service(1)This section applies if the college—

(a)intends to grant an applicant full or provisional registration; and

(b)is reasonably satisfied the applicant has met the ECS qualification requirements for the registration but does not otherwise meet the eligibility requirements about qualifications for the registration.

(2)The college must—

(a)impose a condition on the applicant’s registration that restricts the applicant to teaching only at an education and care service; and

(b)ensure the condition is stated in—

(i)the approval notice given to the applicant under section 21(1)(a); and

(ii)the certificate of registration issued to the applicant under section 21(1)(b).

(3)A condition mentioned in subsection (2) is an ECS condition.(4)An ECS condition does not affect the applicant applying for, or obtaining, permission to teach at a school.13Amendment of s 24 (How college may decide application)(1)Section 24(2)(a), after ‘more conditions’—insert—, other than an ECS condition(2)Section 24(3), after ‘a condition’—insert—, other than an ECS condition,14Insertion of new s 24AAfter section 24—insert—24AImposition of ECS condition(1)This section applies if—

(a)the applicant’s provisional registration is subject to an ECS condition; and

(b)the college intends to grant the applicant full registration under this division.

(2)If the college is reasonably satisfied the applicant has met the ECS qualification requirements for full registration but does not otherwise meet the eligibility requirements about qualifications for the registration, the college must—

(a)impose a condition on the applicant’s full registration that restricts the applicant to teaching only at an education and care service (also an ECS condition); and

(b)ensure the ECS condition is stated in—

(i)the approval notice given to the applicant under section 25(1)(a)(i); and

(ii)the certificate of registration issued to the applicant under section 25(1)(a)(ii).

(3)If subsection (2) does not apply, the college must not impose an ECS condition on the applicant’s full registration.15Amendment of s 29 (Requirements for renewal—full registration)(1)Section 29(2)(c)(ii), after ‘school’—insert—or education and care service(2)Section 29(4)(a)(i), after ‘conditions’—insert—, other than an ECS condition16Amendment of s 32 (How college may decide application for renewal)(1)Section 32(3), from ‘, other than’—omit, insert—(each an existing condition).(2)Section 32—insert—(4)However, the college may decide to renew the registration or permission to teach without an existing condition if the college is reasonably satisfied—

(a)the condition has been fulfilled; or

(b)for an ECS condition—the applicant has met the eligibility requirements about qualifications for the registration, other than the ECS qualification requirements.

17Amendment of s 38 (Application of pt 3, div 1 for restoring full registration)Section 38(3)—omit, insert—(3)For subsection (1), section 32(3) and (4) applies as if a reference to existing conditions of the person’s registration were a reference to the conditions to which the registration was subject immediately before it ended.18Amendment of s 40 (Review of condition by college)Section 40—insert—(3)However, sections 41 and 42 do not apply if the condition is an ECS condition.19Amendment of s 43 (Cancellation of conditions)(1)Section 43(1), after ‘a condition’—insert—, other than an ECS condition,(2)Section 43—insert—(2)The college may cancel an ECS condition imposed on a person’s registration if the college is reasonably satisfied the person has met the eligibility requirements about qualifications for the registration, other than the ECS qualification requirements.20Amendment of s 67 (Effect of suspension on registration or permission to teach)Section 67(2), ‘in a prescribed school’—omit, insert—at a prescribed school or education and care service21Amendment of s 73 (Definition for div 3)Section 73, definition relevant teacher—omit, insert—relevant teacher—

(a)of a prescribed school, means a person who is or was an approved teacher teaching at the school; or

(b)of an education and care service, means a person who is or was a registered teacher teaching at the service.

22Amendment of s 76 (Requirement for employing authority to notify college about particular allegations)(1)Section 76(1), after ‘a prescribed school’—insert—or an education and care service(2)Section 76(1), ‘the prescribed school’—omit, insert—the school or service(3)Section 76(3)(a)—omit, insert—

(a)the name of the employing authority;

(aa)if the name of the employing authority is different to the name of the prescribed school or education and care service—the name of the school or service;

(4)Section 76(3)(aa) to (e)—renumber as section 76(3)(b) to (f).23Amendment of s 77 (Requirement for employing authority to notify college about outcome of particular allegations)(1)Section 77(1), after ‘prescribed school’—insert—or an education and care service(2)Section 77(3)(a)—omit, insert—

(a)the name of the employing authority;

(aa)if the name of the employing authority is different to the name of the prescribed school or education and care service—the name of the school or service;

(3)Section 77(3)(aa) to (g)—renumber as section 77(3)(b) to (h).24Amendment of s 78 (Requirement for employing authority to notify college about certain dismissals)(1)Section 78(1)(a), after ‘a prescribed school’—insert—or an education and care service(2)Section 78(1)(a), ‘the prescribed school’—omit, insert—the school or service(3)Section 78(3)(a)—omit, insert—

(a)the name of the employing authority;

(aa)if the name of the employing authority is different to the name of the prescribed school or education and care service—the name of the school or service;

(4)Section 78(3)(aa) to (d)—renumber as section 78(3)(b) to (e).25Replacement of s 79 (College may request information from principal)Section 79—omit, insert—79College may request reports and returns from principal or employing authority(1)The college may, by notice—

(a)require the principal of a prescribed school to give the college stated reports and returns, in the approved form, about approved teachers teaching at the school; or

(b)require the employing authority for an education and care service to give the college stated reports and returns, in the approved form, about registered teachers teaching at the service.

(2)The principal or employing authority must comply with the notice.Maximum penalty—20 penalty units.26Amendment of s 82 (Only approved teachers may be employed as teachers)(1)Section 82, heading, after ‘as teachers’—insert—at schools(2)Section 82(1) and (2), ‘in the prescribed school’—omit, insert—at the school27Insertion of new s 82AAfter section 82—insert—82AOnly registered teachers may be employed as early childhood teachers at education and care services(1)The employing authority for an education and care service must not employ a person as a teacher at the service to satisfy an early childhood teaching requirement unless the person is a registered teacher.Maximum penalty—200 penalty units.Note—If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 228, to have also committed the offence.(2)Subsection (1) does not apply if—

(a)a national law waiver applies to the education and care service; or

(b)another exception from the early childhood teaching requirement applies to the education and care service under the Education and Care Services National Law (Queensland).

(3)The employing authority for an education and care service must not allow a person who is a registered teacher to teach at the service if the person’s registration is suspended by the college or QCAT.Maximum penalty—200 penalty units.Note—If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 228, to have also committed the offence.(4)For subsections (1) and (3), it does not matter whether the person’s registration is subject to an ECS condition.(5)In this section—early childhood teaching requirement means a requirement, under the Education and Care Services National Law (Queensland), for an early childhood teacher under that Law to attend, or be accessible to, an education and care service.national law waiver means a waiver granted under the Education and Care Services National Law (Queensland), section 91 or 98 of a requirement under section 169 of that Law.28Amendment of s 83 (Requirement to hold registration, or permission to teach, in schools)(1)Section 83, heading, ‘in schools’—omit, insert—for teaching at schools(2)Section 83(1) and (2), ‘in a’—omit, insert—at a29Insertion of new s 83AAfter section 83—insert—83ARequirement to hold registration for early childhood teaching at education and care services(1)A person who is not a registered teacher must not teach at an education and care service to satisfy an early childhood teaching requirement.Maximum penalty—100 penalty units.(2)Subsection (1) does not apply if—

(a)a national law waiver applies to the education and care service; or

(b)another exception from the early childhood teaching requirement applies to the education and care service under the Education and Care Services National Law (Queensland).

(3)A person who is not a registered teacher must not supervise, or assess the work of, a teacher or student teacher at an education and care service.Maximum penalty—100 penalty units.(4)For subsections (1) and (3), it does not matter whether the person’s registration is subject to an ECS condition.(5)In this section—early childhood teaching requirement see section 82A.national law waiver see section 82A.30Amendment of s 124 (Constitution of QCAT for practice and conduct proceedings)Section 124(1)(a), after ‘school’—insert—or education and care service31Amendment of s 160 (Decision about disciplinary action against approved teacher)Section 160(2)(h), after ‘teach’—insert—, other than an ECS condition32Amendment of s 164 (College may notify other persons)Section 164(1)(b)(iii), after ‘school’—insert—or education and care service33Amendment of s 228 (Executive officer may be taken to have committed offence)Section 228(4), definition deemed executive liability provision—insert—

•82A(1)

•82A(3).

34Amendment of s 287 (Other information sharing agreements)Section 287(5), definition relevant agency—insert—

(e)the national EC authority.

35Amendment of s 288 (Register of approved teachers to be kept)(1)Section 288(3)(j)—omit, insert—

(j)if an ECS condition applies to the teacher’s registration—the words ‘ECS condition’;

(ja)any other conditions of the teacher’s registration or permission to teach;

(2)Section 288(3)(p)—omit, insert—

(p)the following names, as applicable—

(i)the name of the employing authority for each school or education and care service at which the teacher is employed;

(ii)if the name of a school or service mentioned in subparagraph (i) is different to the name of the employing authority—the name of the school or service;

(3)Section 288(3)(ja) to (q)—renumber as section 288(3)(k) to (r).(4)Section 288(4), after ‘subsection (3)(j)’—insert—and (k)36Amendment of s 289 (Inspection of register)(1)Section 289(2), after ‘school’—insert—or education and care service(2)Section 289(3), definition publicly available part, paragraph (a), ‘(k) and (l)’—omit, insert—(j), (l) and (m)37Insertion of new ch 12, pt 19Chapter 12—insert—Part 19Transitional provisions for Education Legislation (Registration of Early Childhood Teachers) Amendment Act 2026375No prosecution for new offences during transitional period(1)This section applies to the following persons (each a regulated person)—

(a)an employing authority, or an executive officer of the employing authority, for an education and care service who employs a person as a teacher at the service at any time during the transitional period;

(b)a person teaching at an education and care service at any time during the transitional period;

(c)a person supervising, or assessing the work of, a teacher or student teacher at an education and care service at any time during the transitional period.

(2)The regulated person is not liable to be prosecuted for a failure to comply with section 82A or 83A during the transitional period.(3)In this section—transitional period means the period—

(a)starting on the commencement; and

(b)ending at the end of the day on 30 June 2028.

376Existing registration or review applications(1)This section applies if—

(a)before the commencement, a person applied for registration or a review of a condition on the person’s registration under former chapter 2; and

(b)immediately before the commencement, the application had not been decided.

(2)The application is taken to be an application under new chapter 2.(3)Anything done in relation to the application under former chapter 2 is taken to have been done in relation to the application under new chapter 2.(4)In this section—former chapter 2 means chapter 2 as in force from time to time before the commencement.new chapter 2 means chapter 2 as in force from the commencement.38Amendment of sch 3 (Dictionary)(1)Schedule 3, definitions approved teacher, employing authority, executive officer, permission to teach and teacher—omit.(2)Schedule 3—insert—approved teacher see section 6B.ECS condition see sections 20A(3) and 24A(2)(a).ECS qualification requirements—

(a)for full registration—see section 8(4); or

(b)for provisional registration—see section 9(4).

education and care service means an education and care service approved under the Education and Care Services National Law (Queensland).employing authority—

(a)for a school—means the person or entity responsible for the appointment of teachers to the educational staff of the school; or

(b)for an education and care service—means the approved provider of the service under the Education and Care Services National Law (Queensland).

executive officer, of a corporation, means—

(a)if the corporation is the employing authority for an education and care service—a person with management or control of the corporation; or

(b)otherwise—a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

national EC authority means the entity responsible under the Education and Care Services National Law (Queensland)for guiding the administration of the National Quality Framework.Note—See the Education and Care Services National Law (Queensland), section 225.National Quality Framework see the Education and Care Services National Law (Queensland), section 5.permission to teach means permission to teach at a school under chapter 2.teacher see section 6A.Part 3Amendment of Education (Queensland College of Teachers) Regulation 201639Regulation amendedThis part amends the Education (Queensland College of Teachers) Regulation 2016.40Amendment of s 5 (Qualifications)Section 5—insert—(2)For section 8(1)(a)(i) and (4) of the Act, the prescribed qualification for full registration restricted to teaching only at an education and care service is successful completion of—

(a)a course of teacher education, approved by the national EC authority, to be recognised as an early childhood teacher under the National Quality Framework; or

(b)another course of teacher education that the national EC authority is satisfied is the equivalent of a course mentioned in paragraph (a).

41Amendment of s 6 (Experience)(1)Section 6(1)(a) and (b), after ‘school’—insert—or education and care service(2)Section 6(2)(a), after ‘principal of the school’—insert—or the employing authority for the education and care service42Amendment of s 8 (Qualifications)Section 8—insert—(2)For section 9(1)(a)(i) and (4) of the Act, the prescribed qualification for provisional registration restricted to teaching only at an education and care service is successful completion of—

(a)a course of teacher education, approved by the national EC authority, to be recognised as an early childhood teacher under the National Quality Framework; or

(b)another course of teacher education that the national EC authority is satisfied is the equivalent of a course mentioned in paragraph (a).

43Amendment of s 12 (Prescribed educational programs)Section 12(1), from ‘the Act,’ to ‘paragraph (a)(ii)’—omit, insert—section 6A(3) of the Act, definition prescribed educational program44Amendment of s 32 (Changes in approved teacher’s circumstances to be notified to college)(1)Section 32(c), after ‘a school’—insert—or education and care service(2)Section 32(c), after ‘the school’—insert—or servicePart 4Other amendments45Legislation amendedSchedule 1 amends the legislation it mentions.Schedule 1Other amendmentssection 45Child Safe Organisations Regulation 20251Schedule 1, section 3—insert—

(d)the Queensland College of Teachers established under the Education (Queensland College of Teachers) Act 2005, section 229.

2Schedule 2, section 3—insert—

(d)the Queensland College of Teachers established under the Education (Queensland College of Teachers) Act 2005, section 229.