Education and Care Services National Law Education and Care Services National Further Amendment Regulations 2017 (NSW)

Education and Care Services National Further 
Amendment Regulations 2017 

under the 

Education and Care Services National Law 

The Education Council has made the following regulations under sections 301 and 324 of the Education and 
Care Services National Law as applied by the law of the  

States and Territories. 

RICK HARRISON 
Secretary 

Education Council 

15 December 2017  

Education and Care Services National Further

Amendment Regulations 2017

TABLE OF PROVISIONS

Regulation Page

1	Title	1
2	Authorising provisions	1
3	Commencement	1
4	National Regulations	1
5	Significant Improvement Required	1
6	New regulation 70A inserted	2
7	Register of family day care educators, co-ordinators and
assistants	2
8	Record of staff engaged or employed by family day care
service	5
9	Residents at family day care residence and family day care
educator assistants to be fit and proper persons	5
10	Additional policies and procedures—family day care service	5
11	Centre-based services in remote and very remote areas—
attendance of early childhood teachers	6
12	Qualifications for educators—centre-based service	6
13	Persons taken to be early childhood teachers	6
14	General qualifications for educators—centre-based services	7
15	Educator to child ratios—children aged 15 months to 24
months	7
16	New Part 7.11 inserted	7
17	Schedule 1 substituted	12
18	Schedule 2—Prescribed fees	22

Endnotes 24 

i
Education and Care Services National Further

Amendment Regulations 2017

1 Title

These Regulations may be cited as the Education and Care Services National Further Amendment Regulations 2017.

2 Authorising provisions

These Regulations are made under sections 301
and 324 of the Education and Care Services

National Law.

3 Commencement

(1) These Regulations (except regulations 5, 6, 16, 17 and 18) commence on 31 December 2017.

(2) Regulations 5, 6, 16, 17 and 18 commence on

1 February 2018.

4 National Regulations

In these Regulations, the Education and Care Services National Regulations are called the National Regulations.

5 Significant Improvement Required

In regulation 59(1) of the National Regulations, for "an unacceptable" substitute "a significant".

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Education and Care Services National Further Amendment Regulations 2017

6    New regulation 70A inserted

Before regulation 71 in Part 3.5 of the National

Regulations insert—

"70A	Prescribed rating levels for application for highest rating
For the purposes of section 152(5) of the Law, an application for the highest rating level may only be made if the approved
education and care service is rated at the second highest rating level in each quality area.".

7    Register of family day care educators, co-ordinators and assistants

(1) For regulation 153(1)(l) of the National

Regulations substitute—

"(l) a record of—

(i)  if the service is located in a jurisdiction with a working with children law or a working with vulnerable people law, the identifying number of the current check conducted under that law and the expiry date of that check, if applicable, unless subparagraph (ii) applies; or

(ii) in New South Wales, Queensland or
Tasmania, if the educator has provided
proof of the educator's current teacher
registration under an education law of a
participating jurisdiction, the

except in the case of a service located registration and the expiry date of that registration; or

(iii)  in the case of a service located in Tasmania, the identifying number of the educator's current working with

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Education and Care Services National Further Amendment Regulations 2017

vulnerable people registration and the
expiry date of that registration (if

applicable);

(la)	in relation to a check or registration referred to in paragraph (l), the date that the check or registration was sighted by the approved
provider or a nominated supervisor of the service;".

(2) In regulation 153(1)(o)(i) of the National

Regulations—

(a) for "working" (where three times occurring) substitute "current working";

(b) before "teacher registration" insert "current".

(3) For regulation 153(2)(i) of the National

Regulations substitute—

"(i) a record of—

(i)  if the service is located in a jurisdiction with a working with children law or a working with vulnerable people law, the identifying number of the current check conducted under that law and the expiry date of that check, if applicable, unless subparagraph (ii) applies; or

(ii) in New South Wales, Queensland or
Tasmania, if the co-ordinator has
provided proof of the co-ordinator's
current teacher registration under an
education law of a participating
jurisdiction, the identifying number of

except in the case of a service located date of that registration; or

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Education and Care Services National Further Amendment Regulations 2017

(iii) Tasmania, the identifying number of
the co-ordinator's current working with
vulnerable people registration and the

in the case of a service located in applicable);

(j)	in relation to a check or registration referred to in paragraph (i), the date that the check or registration was sighted by the approved
provider or a nominated supervisor of the service.".

(4) For regulation 153(3)(k) of the National

Regulations substitute—

"(k) a record of—

(i)  if the service is located in a jurisdiction with a working with children law or a working with vulnerable people law, the identifying number of the current check conducted under that law and the expiry date of that check, if applicable, unless subparagraph (ii) applies; or

(ii) in New South Wales, Queensland or
Tasmania, if the educator assistant has
provided proof of the educator
assistant's current teacher registration
under an education law of a
participating jurisdiction, the

except in the case of a service located registration and the expiry date of that registration; or

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Education and Care Services National Further Amendment Regulations 2017

(iii)  in the case of a service located in Tasmania, the identifying number of the educator assistant's current working with vulnerable people registration and the expiry date of that registration (if applicable);

(l)	in relation to a check or registration referred to in paragraph (k), the date that the check or registration was sighted by the approved
provider or a nominated supervisor of the service.".
Note

The heading to regulation 153 is to read:

Register of family day care educators, co- ordinators and educator assistants

8    Record of staff engaged or employed by family day care service

In regulation 154 of the National Regulations, after "record of staff" insert "(other than family day care educators, family day care co-ordinators or family day care educator assistants)".

9    Residents at family day care residence and family day care educator assistants to be fit and proper persons

In regulation 163(4C) of the National Regulations, after "the person's" insert "current".

10    Additional policies and procedures—family day care service

In regulation 169(2) of the National

Regulations—

(a) in paragraph (a), for "assessment and approval" substitute "assessment of proposed family day care venues and proposed family day care residences";

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Education and Care Services National Further Amendment Regulations 2017

(b) in paragraph (c), after "family day care educators" insert ", family day care co- ordinators and family day care educator assistants".

11    Centre-based services in remote and very remote areas—attendance of early childhood teachers

For regulation 239A(1) of the National

Regulations substitute—

"(1) This regulation applies until 1 January 2020 to a centre-based service located in a remote area or a very remote area of a participating jurisdiction other than the Australian Capital Territory or Victoria.".

12    Qualifications for educators—centre-based service

For regulation 240(1)(a) of the National

Regulations substitute—

"(a)	if the service is located in a remote area or a very remote area of Queensland, Tasmania, South Australia or Western Australia, until 1
January 2020; or".
Note

The heading to regulation 240 is to read:

Centre-based services in remote and very
remote areas—qualifications for
educators

13    Persons taken to be early childhood teachers

For regulation 242(1) of the National Regulations substitute—

"(1) This regulation applies on and after 1
January 2014 and before 1 January 2020 to a
participating jurisdiction other than
Victoria.".

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Education and Care Services National Further Amendment Regulations 2017

14 General qualifications for educators—centre-based
services

In regulation 264(1) of the National Regulations,
for "31 December 2017" substitute "31 December
2020".

15    Educator to child ratios—children aged 15 months to 24 months

In regulation 300(4) of the National Regulations,
for "31 December 2017" substitute "1 January
2020".

16    New Part 7.11 inserted

After Part 7.10 of the National Regulations insert—

"Part 7.11—Transitional and

savings provisions—Education and

Care Services National Further Amendment Regulations 2017

395 Definition

(1) In this Part—

commencement day means 1 February 2018.

(2)	For the purposes of this Part, an assessment or a reassessment and re-rating is finalised when the National Authority publishes the rating level for the service under section 160 of the Law.
396	Quality improvement plan held prior to commencement day
A quality improvement plan that, immediately before the commencement day, was a current quality improvement plan for an approved education and care service continues, on and after the commencement

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Education and Care Services National Further Amendment Regulations 2017

day, to be a current quality improvement following—

plan for the service for the purposes of these

(a)	the approved provider for the service next reviews and revises the plan under regulation 56(1)(a);
(b)	the approved provider for the service reviews and revises the plan at the direction of the Regulatory Authority under regulation 56(1)(b).

397	Assessments commenced prior to commencement day
If, immediately before the commencement day, the Regulatory Authority had commenced but not finalised an assessment of an education and care service under section 133(1) of the Law, the Regulatory Authority must, on and after the commencement day, continue to conduct the assessment against the National Quality Standard as in force immediately before the commencement day.
398	Reassessment or partial reassessment commenced prior to commencement day
(1)	This regulation applies to an approved education and care service if, immediately before the commencement day—

(a)

the Regulatory Authority had reassessment and re-rating of the education and care service or a reassessment and re-rating of an aspect or element of the education and care service under section 138 of the Law; or

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Education and Care Services National Further Amendment Regulations 2017

(b) to commence but had not commenced a
reassessment and re-rating of the
education and care service or a
reassessment and re-rating of an aspect

the Regulatory Authority had decided service on an application under section 139 of the Law.

(2)	Any reassessment and re-rating of the service must, on and after the commencement day, be conducted against the National Quality Standard as in force immediately before the commencement day.
399	Partial reassessment between the commencement day and the relevant day
(1)	This regulation applies to an approved education and care service that has not been assessed and rated, or reassessed and re- rated, against the National Quality Standard as in force on and after the commencement day.
(2)	Any reassessment and re-rating of an aspect or element of the education and care service conducted by the Regulatory Authority under
section 138 of the Law or on an application under section 139 of the Law on or after the commencement day but before the relevant day must be conducted against the National Quality Standard as in force immediately
before the commencement day, whether the reassessment was commenced or the application made before, on or after the commencement day.

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Education and Care Services National Further Amendment Regulations 2017

(3) In this regulation, relevant day means—

(a)	in relation to an approved education and care service that was assessed and rated before the commencement day, the day that is 6 months after the commencement day; or
(b)	in relation to an approved education and care service that was assessed and rated after the commencement day, the day that is 6 months after the day on which the rating for the service is published under section 160 of the Law.

400    Suspension of initial assessment or reassessment commenced prior to commencement day

(1) This regulation applies to an approved
education and care service if—

(a)

before the commencement day, the commenced—

(i)  an assessment of the service under section 133(1) of the Law; or

(ii)  a reassessment and re-rating of the service under section 138 or on an application under section 139 of

the Law; and

(b) re-rating was suspended under

the assessment or reassessment and suspension occurred before, on or after the commencement day; and

(c) the suspension is lifted on or after the commencement day.

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Education and Care Services National Further Amendment Regulations 2017

(2)	The Regulatory Authority must, on and after the commencement day, assess or reassess the approved education and care service against the National Quality Standard as in force on and after the commencement day.
401	Suspension of partial reassessment commenced prior to commencement day
(1)	This regulation applies to an approved education and care service if—

(a) commenced conducting a reassessment

the Regulatory Authority had the service before the commencement day; and

(b) suspended under section 137(1) of the
Law, whether that suspension occurred

the reassessment and re-rating was day; and

(c) the suspension is lifted on or after the commencement day.

(2)	The Regulatory Authority must, on and after the commencement day, continue to conduct a reassessment against the National Quality
Standard as in force immediately before the commencement day.
402	Prescribed provisional rating level held prior to commencement day
If, immediately before the commencement day, an approved education and care service held a prescribed provisional rating level, the service continues, on and after the commencement day, to hold that rating level for the purposes of the Law unless or until the service is assessed under section 133(1)

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Education and Care Services National Further Amendment Regulations 2017

of the Law and rated under section 135 of the
Law.

403    Prescribed rating level held prior to commencement day

If, immediately before the commencement day, an approved education and care service held a prescribed rating level, the service continues, on and after the commencement day, to hold that rating level for the purposes of the Law unless or until the service—

(a)	is assessed under section 133(1) of the Law and rated under section 135 of the Law; or
(b)	is reassessed and re-rated under section 138 of the Law or on an application under section 139 of the Law; or
(c)	is awarded the highest rating level under section 155 of the Law.".

17    Schedule 1 substituted

For Schedule 1 to the National Regulations substitute—

"SCHEDULE 1—NATIONAL QUALITY

STANDARD

Quality area 1—Educational program and

practice

The educational program and practice is
stimulating, engaging and enhances
children's learning and development. In
services for children over preschool age the
program nurtures the development of life
skills and complements children's
experiences, opportunities and relationships

at school, at home and in the community.

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Education and Care Services National Further Amendment Regulations 2017

Standard 1.1—Program

The educational program enhances each

child's learning and development.

Element 1.1.1—Approved learning

framework

Curriculum decision-making contributes to
each child's learning and development
outcomes in relation to that child's identity,
connection with community, wellbeing,
confidence as learners and effectiveness as

communicators.

Element 1.1.2—Child-centred

Each child's current knowledge, strengths, ideas, culture, abilities and interests are the foundation of the program.

Element 1.1.3—Program learning

opportunities

All aspects of the program, including
routines, are organised in ways that
maximise opportunities for each child's

learning.

Standard 1.2—Practice

Educators facilitate and extend each child's learning and development.

Element 1.2.1—Intentional teaching

Educators are deliberate, purposeful, and thoughtful in their decisions and actions.

Element 1.2.2—Responsive teaching and

scaffolding

Educators respond to children's ideas and
play and extend children's learning through
open-ended questions, interactions and

feedback.

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Education and Care Services National Further Amendment Regulations 2017

Element 1.2.3—Child-directed learning

Each child's agency is promoted, enabling them to make choices and decisions and influence events and their world.

Standard 1.3—Assessment and planning

Educators and co-ordinators take a planned and reflective approach to implementing the program for each child.

Element 1.3.1—Assessment and planning

cycle

Each child's learning and development is
assessed or evaluated as part of an ongoing
cycle of observation, analysing, learning,
documentation, planning, implementation

and reflection.

Element 1.3.2—Critical reflection

Critical reflection on children’s learning and
development, both as individuals and in
groups, drives program planning and

implementation.

Element 1.3.3—Information for families

Families are informed about the program and their child's progress.

Quality area 2—Children’s health and
safety

Every child's health and wellbeing is safeguarded and promoted.

Standard 2.1—Health

Each child's health and physical activity is supported and promoted.

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Education and Care Services National Further Amendment Regulations 2017

Element 2.1.1—Wellbeing and comfort

Each child's wellbeing and comfort is
provided for, including appropriate
opportunities to meet each child's need for

sleep, rest and relaxation.

Element 2.1.2—Health practices and

procedures

Effective illness and injury management and
hygiene practices are promoted and

implemented.

Element 2.1.3—Healthy lifestyle

Healthy eating and physical activity are promoted and appropriate for each child.

Standard 2.2—Safety

Each child is protected.

Element 2.2.1—Supervision

At all times, reasonable precautions and adequate supervision ensure children are protected from harm and hazard.

Element 2.2.2—Incident and emergency
management

Plans to effectively manage incidents and emergencies are developed in consultation with relevant authorities, practised and

implemented.

Element 2.2.3—Child protection

Management, educators and staff are aware of their roles and responsibilities to identify and respond to every child at risk of abuse or

neglect.

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Education and Care Services National Further Amendment Regulations 2017

Quality area 3—Physical environment

The physical environment is safe, suitable and provides a rich and diverse range of experiences which promote children's learning and development.

Standard 3.1—Design

The design and location of the premises is appropriate for the operation of a service.

Element 3.1.1—Fit for purpose

Outdoor and indoor spaces, buildings, fixtures and fittings are suitable for their purpose, including supporting the access of every child.

Element 3.1.2—Upkeep

Premises, furniture and equipment are safe, clean and well maintained.

Standard 3.2—Use

The service environment is inclusive,
promotes competence and supports

exploration and play-based learning.

Element 3.2.1—Inclusive environment

Outdoor and indoor spaces are organised and adapted to support every child's participation and to engage every child in quality

experiences in both built and natural

environments.

Element 3.2.2—Resources support play-
based learning

Resources, materials and equipment allow for multiple uses, are sufficient in number, and enable every child to engage in play-

based learning.

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Education and Care Services National Further Amendment Regulations 2017

Element 3.2.3—Environmentally
responsible

The service cares for the environment and supports children to become environmentally responsible.

Quality area 4—Staffing arrangements

Staffing arrangements create a safe and
predictable environment for children and
support warm, respectful relationships.
Qualified and experienced educators and co-
ordinators encourage children's active
engagement in the learning program.
Positive relationships among educators, co-
ordinators and staff members contribute to
an environment where children feel

emotionally safe, secure and happy.

Standard 4.1—Staffing arrangements

Staffing arrangements enhance children's

learning and development.

Element 4.1.1—Organisation of educators

The organisation of educators across the service supports children's learning and development.

Element 4.1.2—Continuity of staff

Every effort is made for children to experience continuity of educators at the service.

Standard 4.2—Professionalism

Management, educators and staff are collaborative, respectful and ethical.

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Education and Care Services National Further Amendment Regulations 2017

Element 4.2.1—Professional collaboration

Management, educators and staff work with
mutual respect and collaboratively, and
challenge and learn from each other,

recognising each other's strengths and skills.

Element 4.2.2—Professional standards

Professional standards guide practice,

interactions and relationships.

Quality area 5—Relationships with
children

Relationships that are responsive, respectful and promote children's sense of security and belonging free them to explore the

environment and engage in learning.

Standard 5.1—Relationships between

educators and children

Respectful and equitable relationships are

maintained with each child.

Element 5.1.1—Positive educator to child

interactions

Responsive and meaningful interactions
build trusting relationships which engage and
support each child to feel secure, confident
and included.

Element 5.1.2—Dignity and rights of the child

The dignity and rights of every child are maintained.

Standard 5.2—Relationships between
children

Each child is supported to build and maintain sensitive and responsive relationships.

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Education and Care Services National Further Amendment Regulations 2017

Element 5.2.1—Collaborative learning

Children are supported to collaborate, learn from and help each other.

Element 5.2.2—Self-regulation

Each child is supported to regulate their own behaviour, respond appropriately to the behaviour of others and communicate effectively to resolve conflicts.

Quality area 6—Collaborative partnerships with families and communities

Collaborative relationships with families are fundamental to achieve quality outcomes for children. Community partnerships that focus on active communication, consultation and

collaboration also contribute to children's

learning and wellbeing.

Standard 6.1—Supportive relationships

with families

Respectful relationships with families are
developed and maintained and families are

supported in their parenting role.

Element 6.1.1—Engagement with the
service

Families are supported from enrolment to be involved in the service and contribute to service decisions.

Element 6.1.2—Parent views are
respected

The expertise, culture, values and beliefs of families are respected and families share in decision-making about their child's learning and wellbeing.

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Education and Care Services National Further Amendment Regulations 2017

Element 6.1.3—Families are supported

Current information is available to families about the service and relevant community services and resources to support parenting and family wellbeing.

Standard 6.2—Collaborative partnerships

Collaborative partnerships enhance

children’s inclusion, learning and wellbeing.

Element 6.2.1—Transitions

Continuity of learning and transitions for each child are supported by sharing information and clarifying responsibilities.

Element 6.2.2—Access and participation

Effective partnerships support children's access, inclusion and participation in the program.

Element 6.2.3—Community engagement

The service builds relationships and engages with its community.

Quality area 7—Governance and

leadership

Effective leadership contributes to sustained
quality relationships and environments that
facilitate children's learning and
development. Well documented policies and
practices that are developed and regularly
evaluated in partnership with educators,
co-ordinators, staff members and families
contribute to the ethical management of the
service. There is a focus on continuous

improvement.

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Education and Care Services National Further Amendment Regulations 2017

Standard 7.1—Governance

Governance supports the operation of a quality service.

Element 7.1.1—Service philosophy and
purpose

A statement of philosophy guides all aspects of the service's operations.

Element 7.1.2—Management systems

Systems are in place to manage risk and enable the effective management and operation of a quality service.

Element 7.1.3—Roles and responsibilities

Roles and responsibilities are clearly defined
and understood, and support effective
decision-making and operation of the

service.

Standard 7.2—Leadership

Effective leadership builds and promotes a
positive organisational culture and

professional learning community.

Element 7.2.1—Continuous improvement

There is an effective self-assessment and quality improvement process in place.

Element 7.2.2—Educational leadership

The educational leader is supported and
leads the development and implementation
of the educational program and assessment

and planning cycle.

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Education and Care Services National Further Amendment Regulations 2017

Element 7.2.3—Development of

professionals

Educators', co-ordinators' and staff members'
performance is regularly evaluated and
individual plans are in place to support

learning and development.".

Note

The notes to Schedule 1 are to read:

1        The National Quality Standard is used to assess education and care services to determine rating levels under Part 5 of the Law.

2        The Regulatory Authority may suspend a service approval if an education and care service has operated at a rating level as not meeting the National Quality Standard and there has been no improvement in that rating level and a service waiver or temporary waiver does not apply to the service in relation to the non- compliance—see section 70(d) of the Law.

3        To determine whether and at what rating level an education and care service meets the National Quality Standard and the requirements of these regulations, Part 5 of the Law provides that the Regulatory

Authority that granted the service approval for the service may assess the service in accordance with these Regulations.

18    Schedule 2—Prescribed fees

After item 16 in Part 1 of Schedule 2 to the

National Regulations insert—

"

17	Section	Application	24 or fewer	5 or fewer
152(3)(c)	for highest	approved	family day
rating	places	care educators
Nil	Nil
25 to 80	6 to 20 family
approved	day care
places	educators
Nil	Nil
81 or more	21 or more
approved	family day
places	care educators
Nil	Nil

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Education and Care Services National Further Amendment Regulations 2017

18	Section	Re-	24 or fewer	5 or fewer
159(3)(c)	application	approved	family day
for highest	places	care educators
rating	Nil	Nil
25 to 80	6 to 20 family
approved	day care
places	educators
Nil	Nil
81 or more	21 or more
approved	family day
places	care educators
Nil	Nil

".

═════════════

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Education and Care Services National Further Amendment Regulations 2017

Endnotes

Endnotes

24