Children (Education and Care Services) NSW Regulation 2025 (NSW)

1Name of regulation

This regulation is the Children (Education and Care Services) NSW Regulation 2025.

2Commencement

This regulation commences on the day on which the Children (Education and Care Services National Law Application) Amendment Act 2025, Schedule 1[10] commences.

3Modification of national regulations—the Law, section 301(5)

The national regulations apply in New South Wales with the modifications set out in Schedule 1.

Schedule 1Modification of Education and Care Services National Regulations[1]Regulation 4 Definitions

Omit regulation 4(1), definition of excursion. Insert instead—

excursion means an outing organised by an education and care service or family day care educator, but does not include the following—

• (a)

  an outing organised by an education and care service provided on a school site if—

  • (i)

    the child or children leave the education and care service premises in the company of an educator; and

  • (ii)

    the child or children do not leave the school site;

• (b)

  the mere provision of the same education and care services at different education and care service premises;

[2]Regulation 12 Meaning of serious incident

Omit “premises.” from regulation 12(e)(iii). Insert instead—

•

premises; or

(iv)

appears to have been involved in a sexual offence or sexual misconduct, within the meaning of the Children’s Guardian Act 2019, Part 4.

[3]Regulation 25 Additional information about proposed education and care service premises

Omit regulation 25(1)(d). Insert instead—

(d)

a soil assessment for the site of the proposed education and care service premises;

(da)

any soil assessments for the site of the proposed education and care service premises that have previously been undertaken;

[4]Regulation 25(1)(g)(i)

Omit “building certificate,”.

[5]Regulation 41 Service waiver—prescribed regulations

Insert “, other than regulation 115,” after “Part 4.3” in regulation 41(b).

[6]Regulations 72(1) and (2), 72A, 77(1), 78(1), 79(1), 82(1), 83(1), 84C(1), 86, 88(1)–(3), 89(1), 93(1), 97(2)–(4), 99(1), 100(1), 102AAC(1), 102B(1), 102E(2), 102F(2), 103(1), 104(1), 107(2), 108(2), 110, 116(1) and (1B), 116A(1), 136(1) and (3), 143A(1), 143B, 163(1) and (2), 164(1), 166(1), 177(2) and (3), 181, 191(1) and 344(1)

Omit “Penalty: $2200.” wherever occurring. Insert instead—

Penalty—

• (a)

  for a large child care provider—$19,800; or

• (b)

  otherwise—$6,600.

[7]Regulations 77(2) and (3), 78(2) and (3), 79(2) and (3), 82(2), 83(2) and (3), 89(2), 93(3) and (4), 99(2) and (3), 100(2) and (3), 102B(2) and (3), 102E(3), 102F(3), 164(2), 166(2), 178(2) and (3) and 182

Omit “Penalty: $2200” wherever occurring.

Insert instead “Penalty—$6,600”.

[8]Regulations 80(1), 84(1), 84A(1), 93(2), 98, 102(1), 102D(1), 112(3), 114, 119, 120, 157(1) and 168–171

Omit “Penalty: $1100.” wherever occurring. Insert instead—

Penalty—

• (a)

  for a large child care provider—$9,900; or

• (b)

  otherwise—$3,300.

[9]Regulations 80(2) and (3), 84A(2) and (3), 102(2) and (3), 102D(2) and (3), 157(2) and (3) and 187(3)

Omit “Penalty: $1100” wherever occurring.

Insert instead “Penalty—$3,300”.

[11]Regulation 84(3)

Insert after regulation 84(2)—

(3)

A provider is taken to have met the provider’s obligation to ensure a specified person understands the matters set out in subregulation (1)(a) and (b) if the provider can ensure the specified person can explain the following—

• (a)

  the obligations of the specified person as a mandatory reporter;

• (b)

  the circumstances under which the specified person must make a report;

• (c)

  how to submit a report.

[12]Regulation 84C Risk assessment for purposes of sleep and rest policies and procedures

Omit “or” from regulation 84C(2)(g)(i). Insert instead “and”.

[13]Regulation 84D Prohibition of bassinets

Omit “Penalty: $2,200.” from regulation 84D(1). Insert instead—

Penalty—

• (a)

  for a large child care provider—$19,800; or

• (b)

  otherwise—$6,600.

[14]Regulation 84D(2) and (3)

Omit “Penalty: $2,200”. Insert instead “Penalty—$6,600”.

[15]Regulation 86 Notification to parents of incident, injury, trauma and illness

Omit “if the child is involved in”.

Insert instead “or alleged occurrence, if the child is involved in, or alleged to be involved in,”.

[24]Regulation 162 Health information to be kept in enrolment record

Omit regulation 162(d). Insert instead—

(d)

the following plans to be followed in relation to a specific healthcare need, medical condition or allergy referred to in paragraph (c)—

• (i)

  a medical management plan;

• (ii)

  an anaphylaxis medical management plan;

• (iii)

  a risk minimisation plan; and

[27]Regulations 173(1)(d)(ii) and 173A(1)(d)(ii)

Insert after “service;” wherever occurring—

•

and

(iii)

if a rating under subparagraph (i) or (ii) is suspended or revoked—the rating that is suspended or revoked;

[28]Regulation 175 Prescribed information to be notified to Regulatory Authority

Insert after regulation 175(2)(e)—

(ea)

a sexual offence or sexual misconduct, within the meaning of the Children’s Guardian Act 2019, Part 4, committed by any person who engages in work for the service, including the following—

• (i)

  a person employed by the service; or

• (ii)

  a person permitted to be a volunteer at the service; or

• (iii)

  a student who participates in the service;

[29]Regulation 227

Omit the regulation. Insert instead—

227Compliance and enforcement information

For the Law, section 270(6)(a)(iv), the information is the following—

• (a)

  the details of the person in relation to whom the enforcement action was taken, including the following—

  • (i)

    the name and provider approval number of the approved provider;

  • (ii)

    for a centre-based service—

    • (A)

      the address of the service; and

    • (B)

      the name by which the service is known;

  • (iii)

    for a family day care service—

    • (A)

      the address of the service, unless the address is also the home address of a family day care educator; and

    • (B)

      the service approval number; and

    • (C)

      the name by which the service is known;

  • (iv)

    for an individual—the name of the individual;

• (b)

  details of the enforcement action taken, including the following—

  • (i)

    for a prosecution leading to a conviction or finding of guilt or a plea of guilt—

    • (A)

      the provision of the Law or these Regulations that the person was convicted or found guilty of, or pleaded guilty to, breaching; and

    • (B)

      the date of the conviction, finding of guilt or the making of the plea of guilt for the offence; and

    • (C)

      any penalty imposed for the offence; and

    • (D)

      information about any steps taken to remedy the subject of the prosecution and the date the steps were taken;

  • (ii)

    for an enforceable undertaking—

    • (A)

      the terms of the enforceable undertaking; and

    • (B)

      the date of the enforceable undertaking; and

    • (C)

      information about any steps taken to remedy the subject of the enforceable undertaking and the date the steps were taken;

  • (iii)

    for a compliance notice—

    • (A)

      the steps specified in the compliance notice that the person must take to comply with the provision of the Law or these Regulations; and

    • (B)

      the date specified in the notice by which the steps must be taken; and

    • (C)

      information about any steps taken to remedy the subject of the compliance notice and the date the steps were taken;

  • (iv)

    for the amendment of a provider approval or service approval—

    • (A)

      the details of the amendment; and

    • (B)

      the date on which the amendment took effect;

  • (v)

    for a suspension of a provider approval or service approval—

    • (A)

      the date on which the suspension took effect; and

    • (B)

      the date on which the suspension ends;

  • (vi)

    for a cancellation of a provider approval or service approval, the date on which the cancellation took effect.

Note—

This section is a substituted NSW provision.

[30]Regulation 228 Timing of publication where internal or external review of enforcement action is available

Insert after regulation 228(5)—

(6)

The Regulatory Authority may publish information about an enforcement action for which an application for internal review or external review can be made under the Law, section 191 or 193 before the end of a period set out in subregulations (2)–(5) if the Regulatory Authority is satisfied that publishing the information is in the public interest.

Historical notesTable of amending instruments

Children (Education and Care Services) NSW Regulation 2025 (601). Enacted as Sch 1A to the Children (Education and Care Services National Law Application) Act 2010. Date of commencement, 28.10.2025, sec 2.