Education and Care Services National Regulations (NSW)

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Chapter 1PreliminaryGuide to Chapter 1.

This Chapter sets out the title to these Regulations, the provisions of the Education and Care Services National Law that authorise these Regulations and the commencement date for these Regulations.

This Chapter also sets out the definitions of key terms used in these Regulations.

1Title

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

2Authorising provisions

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

3Commencement

These Regulations commence on 1 January 2012.

Note.

The commencement dates for the Education and Care Services National Regulations 2012 of Western Australia were—

  • (a)

    regulations 1 and 3, 25 July 2012;

  • (b)

    the rest of the regulations, 1 August 2012.

Reg 3: Am 2013 (417), reg 5.

4Definitions(1)

In these Regulations—

ABN has the same meaning as in section 41 of the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;

actively working towards a qualification—see regulation 10;

approved certificate III level education and care qualification means—

  • (a)

    a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved certificate III level education and care qualifications published under regulation 137; or

  • (b)

    a qualification included in the list of approved diploma level education and care qualifications or approved early childhood teaching qualifications published under regulation 137;

approved diploma level education and care qualification means—

  • (a)

    a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved diploma level education and care qualifications published under regulation 137; or

  • (b)

    a qualification included in the list of approved early childhood teaching qualifications published under regulation 137;

approved early childhood teaching qualification means a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved early childhood teaching qualifications published under regulation 137;

approved education and care qualification, in regulations 126A, 135 and 324, means—

  • (a)

    an approved certificate III level education and care qualification; or

  • (b)

    an approved diploma level education and care qualification; or

  • (c)

    an approved early childhood teaching qualification;

approved number of places, in relation to a centre-based service, means the maximum number of children who can be educated and cared for by the service at any one time, stated on the service approval under section 52(g) of the Law;

bankruptcy declaration means a declaration made by an individual about any proceeding in bankruptcy brought against the individual including—

  • (a)

    whether any actions have been taken against the individual under Part IV of the Bankruptcy Act 1966 of the Commonwealth; and

  • (b)

    whether the individual has made any debt agreement under Part IX of the Bankruptcy Act 1966 of the Commonwealth; and

  • (c)

    whether the individual has made any personal insolvency agreement under Part X of the Bankruptcy Act 1966 of the Commonwealth;

building law means a law generally regulating building construction and demolition;

building permit means a permit or consent to carry out building work issued under a building law or planning and development law of a participating jurisdiction;

building practitioner means—

  • (a)

    a person who is registered as a building surveyor, building inspector or draftsperson under a law of a participating jurisdiction; or

  • (b)

    a person who is registered as an architect under a law of a participating jurisdiction; or

  • (c)

    a person who is licensed as a surveyor under a law of a participating jurisdiction; or

  • (d)

    a person who is licensed or registered as a building certifier under a law of a participating jurisdiction; or

  • (e)

    a person who is accredited under a law of a participating jurisdiction to design buildings that will be used to provide education and care services;

centre-based service means an education and care service other than a family day care service;

certificate of final inspection means a certificate issued on completion of building work by a building practitioner under a building law or planning and development law of a participating jurisdiction;

child over preschool age means a child who—

  • (a)

    is enrolled or registered at a school; and

  • (b)

    attends, or in the current calendar year will attend, school in the year before grade 1 or in grade 1 or a higher grade;

child preschool age or under means a child under the age of 7 years who is not a child over preschool age;

criminal history record check means a full disclosure Australia-wide criminal history record check, issued by a police force or other authority of a State or Territory or the Commonwealth;

criminal history statement means a statement made by an individual that—

  • (a)

    states whether the individual has been convicted in Australia of any offences relevant to a person seeking to work with children; and

  • (b)

    includes details of those convictions;

diagnosed as at risk of anaphylaxis, in relation to a child, means a child who has been diagnosed by a registered medical practitioner as at risk of anaphylaxis;

disciplinary proceedings statement means a statement made by an individual that states—

  • (a)

    whether the individual is or has been subject to a formal disciplinary proceeding or action under an education law of a participating jurisdiction (other than a proceeding or action that was unsuccessful or was withdrawn); and

  • (b)

    the outcome of the proceeding or action (if known);

early childhood teacher means a person with an approved early childhood teaching qualification;

educational program means a program referred to in section 168 of the Law;

emergency, in relation to an education and care service, means an incident, situation or event where there is an imminent or severe risk to the health, safety or wellbeing of a person at the education and care service;

Examples.

Flood.

Fire.

A situation that requires the education and care service premises to be locked down.

excursion means an outing organised by an education and care service or family day care educator, but does not include an outing organised by an education and care service provided on a school site if—

  • (a)

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

  • (b)

    the child or children do not leave the school site;

family assistance law has the same meaning as it has in the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth;

family day care educator assistant means a person engaged by or registered with a family day care service to assist family day care educators;

financial declaration means a declaration made by a person who is not an individual indicating whether the person is or has been declared insolvent or is or has been placed under external administration;

in attendance, at a centre-based service, in relation to an early childhood teacher or a suitably qualified person—see regulation 11;

infectious disease, in relation to a participating jurisdiction, means an infectious disease that is designated under a law of that jurisdiction or by a health authority (however described) as a disease that would require a person with the disease to be excluded from an education and care service;

medication means medicine within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth;

multi-storey building means a building with more than 2 storeys;

occupancy permit means a certificate or permit issued under a building law or planning and development law of a participating jurisdiction that permits a building to be occupied;

optical surveillance device has the same meaning as in section 6(1) of the Surveillance Devices Act 2004 of the Commonwealth;

overseas criminal history statement means a statement made by an individual that—

  • (a)

    states whether the individual has been convicted outside Australia of any offences relevant to a person seeking to work with children; and

  • (b)

    includes details of those convictions;

planning and development law means a law generally regulating the planning of the use and development of land;

planning permit means a permit, approval or consent in respect of the use or development of any land granted under a building law or a planning and development law of a participating jurisdiction;

previous service statement means a statement made by an individual that states—

  • (a)

    whether or not the individual has held any role with an education and care service or a children’s service in the previous 3 years; and

  • (b)

    includes the following details for each role—

    • (i)

      the name of the service; and

    • (ii)

      the State or Territory in which the service was located; and

    • (iii)

      the nature of the role;

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

regular outing, in relation to an education and care service, means a walk, drive or trip to and from a destination—

  • (a)

    that the service visits regularly as part of its educational program; and

  • (b)

    where the circumstances relevant to the risk assessment are substantially the same on each outing;

regular transportation, in relation to an education and care service, means the transportation by the service or arranged by the service (other than as part of an excursion) of a child being educated and cared for by the service, where the circumstances relevant to a risk assessment are substantially the same for each occasion on which the child is transported;

renovate, in relation to premises, means—

  • (a)

    construction, demolition, removal or relocation of a building or other fixed structure (or part of a building or other fixed structure); or

  • (b)

    carrying out structural alterations on a building or other fixed structure;

responsible person, in relation to an education and care service, means a person referred to in section 162(1)(a) to (c) of the Law;

scheme commencement day means 1 January 2012;

Note.

The scheme commencement day for Western Australia was 1 August 2012—see the definition of scheme commencement day in regulation 4 of the Education and Care Services National Regulations 2012 of Western Australia.

serious incident—see regulation 12;

soil assessment means an analysis of soil conducted by an environmental consultant, environmental consulting firm, or environmental auditor for the purposes of determining—

  • (a)

    the nature, extent and levels of contamination; and

  • (b)

    the actual or potential risk to human health resulting from that contamination;

storey, of a building, includes the following—

  • (a)

    the ground level;

  • (b)

    a level of a split level;

suitably qualified person means a person who has—

  • (a)

    a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved qualifications for suitably qualified persons published under regulation 137; or

  • (b)

    a qualification approved by the National Authority as a higher qualification for suitably qualified persons and included in the list of approved qualifications for suitably qualified persons published under regulation 137;

the Law means the Education and Care Services National Law;

vaping device has the same meaning as in section 41P of the Therapeutic Goods Act 1989 of the Commonwealth;

vaping substance has the same meaning as in section 41P of the Therapeutic Goods Act 1989 of the Commonwealth;

working directly with children—see regulation 13;

working with children check number has the same meaning as it has in the Child Protection (Working with Children) Act 2012 of New South Wales;

working with vulnerable people check means a check of a person under a working with vulnerable people law of a participating jurisdiction;

working with vulnerable people registration means a registration issued to a person under the Registration to Work With Vulnerable People Act 2013 of Tasmania allowing the person to be engaged in childcare services.

(1A)

A requirement under these Regulations applying in relation to a stated number of children applies each time there is the stated number of children or a part of the stated number.

Example.

There are 30 children aged 36 months or over (not including children over preschool age) at a centre-based service. Regulation 123(1)(c) requires 1 educator for each 11 children. In this case 3 educators would be required.

(2)

Unless the context otherwise requires, a reference in these Regulations to a Part by a number is a reference to the Part, designated by that number, of these Regulations.

(3)

Guides to Chapters do not form part of these Regulations.

Reg 4: Am 2013 (417), reg 6 (1)–(4); 2014 (260), reg 5 (a) (b); 2017 (543), reg 5; 2018 (246), reg 4; 2019 (631), reg 5; 2020 (486), reg 5(a) (b); 2023 (165), reg 5; 2023 (399), reg 5; 2024 (143), reg 5; 2025 (273), reg 5.

5Services that are not education and care services(1)

For the purposes of paragraph (g) of the definition of education and care service in section 5(1) of the Law, the following classes of disability service are excluded from the definition of education and care service—

  • (a)

    a service that is a designated service within the meaning of the Disability Services Act 1993 of New South Wales;

  • (b)

    services that are disability services under the Disability Services Act 2006 of Queensland;

  • (c)

    a disability service provided by a disability service provider within the meaning of the Disability Act 2006 of Victoria;

  • (d)

    a service providing education and care to a child with a disability that is funded by a grant of financial assistance approved under the Disability Services Act 1993 of Western Australia;

  • (e)

    an early childhood intervention service provided for the principal purpose of providing intervention or support for children with a disability, additional needs or developmental delay.

(2)

For the purposes of paragraph (h) of the definition of education and care service in section 5(1) of the Law, the following classes of service are excluded from the definition of education and care service—

  • (a)

    a service providing education and care to children in premises where the majority of the children usually reside and the educator does not reside;

  • (b)

    a service providing education and care to children in the service provider’s residence other than as part of a service that is delivered through the use of 2 or more educators to provide education and care to children in residences;

    Note.

    Paragraph (b) does not apply in Western Australia—see regulation 5(2)(b) of the Education and Care Services National Regulations 2012 of Western Australia.

  • (c)

    a service providing education and care to children primarily on an ad hoc or casual basis where—

    • (i)

      the service does not usually offer full-time or all day education and care to children on an ongoing basis; and

    • (ii)

      most of the children provided with education and care are preschool age or under;

    Note.

    This form of care is commonly referred to as occasional care.

  • (d)

    a service provided by a hotel or resort to provide education and care to children who are temporary guests of the hotel or resort;

    Example.

    A ski resort that offers child-minding services for children staying at the resort.

  • (e)

    a service providing education and care to a child on an ad hoc basis at premises where the parent of, or other person responsible for, the child is—

    • (i)

      a guest, visitor or patron; and

    • (ii)

      readily available at all times that the child is being educated and cared for;

    Examples.

    A service that provides education and care to a child at a conference attended by the parent.

    A service that provides education and care to a child at a sports and leisure centre or shopping centre where the parent is a patron.

  • (f)

    a service that provides education and care to children where the education and care is primarily provided or shared by parents or family members of the children and a parent or family member is readily available for the period that the child is educated and cared for and retains responsibility for the child;

  • (g)

    a secondary school or college providing education and care to the children of students attending the school or college where a parent of each child retains responsibility for the child while the child is being educated and cared for;

  • (h)

    a service providing education and care primarily to children preschool age or under that transports its equipment and materials or staff to one or more locations on each occasion that the service is provided;

    Note.

    This form of care is commonly called a mobile service.

  • (i)

    a service that provides education and care during school holidays for a total of not more than 28 days in a calendar year;

  • (j)

    a short term program provided by and at a school to children who will attend the school in the following year, for the purpose of orienting children to the school;

  • (k)

    a service providing education and care if, on 30 June 2018—

    • (i)

      the service provider was, in respect of the service, in receipt of funding under the Budget Based Funded program administered by the Department of Education and Training of the Commonwealth; and

    • (ii)

      the service was not approved for the purposes of the family assistance law;

  • (ka)

    a service providing education and care if, on 30 June 2018—

    • (i)

      the service provider was, in respect of the service, in receipt of funding under the Indigenous Advancement Strategy administered by the Department of Prime Minister and Cabinet of the Commonwealth; and

    • (ii)

      the service was not approved for the purposes of the family assistance law; and

    • (iii)

      the service was not regulated under the National Quality Framework;

  • (l)

    a licensed playschool under the Children and Young People Act 2008 of the Australian Capital Territory;

  • (m)

    a stand alone service under a children’s services law of Queensland;

  • (n)

    a service funded by the Queensland Government to provide limited hours care;

  • (o)

    a South Australian Government operated Playcentre;

  • (p)

    a service licensed as a Centre Based Care Class 4 or Centre Based Care Class 5 service under the Child Care Act 2001 of Tasmania;

  • (q)

    an approved children’s service under the Children’s Services Act 1996 of Victoria that, immediately before 17 May 2020, was a licensed limited hours Type 2 service under that Act;

  • (r)

    a service funded by the government department principally administering the Children and Community Services Act 2004 of Western Australia for the purposes of preventive, support and recreation services for at risk children.

Reg 5: Am 2013 (417), reg 7; 2017 (543), reg 6; 2018 (246), reg 5; 2020 (486), reg 6.

6Eligible association

For the purposes of the definition of eligible association in section 5(1) of the Law, a parents and citizens association formed under Chapter 7 of the Education (General Provisions) Act 2006 of Queensland is a prescribed association.

7Prescribed rating system

For the purposes of paragraph (d) of the definition of national education and care services quality framework in section 5(1) of the Law, the prescribed rating system is set out in Parts 3.2 to 3.5.

8National Quality Standard

For the purposes of the definition of National Quality Standard in section 5(1) of the Law, the prescribed National Quality Standard is set out in Schedule 1.

9Prescribed entities

For the purposes of paragraph (e) of the definition of person in section 5(1) of the Law, the following are prescribed entities—

  • (a)

    the Catholic Education Commission of Western Australia;

  • (b)

    a body politic.

Reg 9: Subst 2013 (417), reg 8.

9AApproval in principle criteria

For the purposes of the definition of approval in principle criteria in section 5(1) of the Law, the following regulations are prescribed—

  • (a)

    regulation 109(b);

  • (b)

    regulation 110(a) and (b);

  • (c)

    regulation 112(4);

  • (d)

    regulation 115.

Reg 9A: Ins 2024 (143), reg 6.

10Meaning of actively working towards a qualification

For the purposes of these Regulations, an educator is actively working towards a qualification if the educator—

  • (a)

    is enrolled in the course for the qualification; and

  • (b)

    provides the approved provider with documentary evidence from the provider of the course that—

    • (i)

      the educator has commenced the course; and

    • (ii)

      the educator is making satisfactory progress towards completion of the course; and

    • (iii)

      the educator is meeting the requirements for maintaining the enrolment; and

    • (iv)

      in the case of an approved diploma level education and care qualification, the educator—

      • (A)

        holds an approved certificate III level education and care qualification; or

      • (B)

        has completed the units of study in an approved certificate III level education and care qualification determined by the National Authority; or

      • (C)

        has completed the percentage of total units of study required for completion of an approved early childhood teaching qualification determined by the National Authority.

Reg 10: Am 2014 (260), reg 6 (a) (b); 2019 (631), reg 6.

11Meaning of in attendance at a centre-based service

For the purposes of these Regulations, an early childhood teacher or a suitably qualified person is in attendance at a centre-based service if the early childhood teacher or the suitably qualified person—

  • (a)

    is physically present at the service; and

  • (b)

    carries out education and care activities at the service including one or more of the following—

    • (i)

      working directly with children;

    • (ii)

      planning programs;

    • (iii)

      mentoring, coaching or supporting educators;

    • (iv)

      facilitating education and care research;

    • (v)

      performing the role of educational leader of the service referred to in regulation 118.

Reg 11: Am 2019 (631), reg 7.

12Meaning of serious incident

For the purposes of the definition of serious incident in section 5(1) of the Law, each of the following is prescribed as a serious incident—

  • (a)

    the death of a child—

    • (i)

      while that child is being educated and cared for by an education and care service; or

    • (ii)

      following an incident occurring while that child was being educated and cared for by an education and care service;

  • (b)

    any incident involving serious injury or trauma to a child occurring while that child is being educated and cared for by an education and care service—

    • (i)

      which a reasonable person would consider required urgent medical attention from a registered medical practitioner; or

    • (ii)

      for which the child attended, or ought reasonably to have attended, a hospital;

      Example.

      A broken limb.

  • (c)

    any incident involving serious illness of a child occurring while that child is being educated and cared for by an education and care service for which the child attended, or ought reasonably to have attended, a hospital;

    Example.

    Severe asthma attack, seizure or anaphylaxis reaction.

  • (d)

    any emergency for which emergency services attended;

  • (e)

    any circumstance where a child being educated and cared for by an education and care service—

    • (i)

      appears to be missing or cannot be accounted for; or

    • (ii)

      appears to have been taken or removed from the education and care service premises in a manner that contravenes these Regulations; or

    • (iii)

      is mistakenly locked in or locked out of the education and care service premises or any part of the premises.

Reg 12: Am 2013 (417), reg 9 (1) (2); 2014 (260), reg 7. Subst 2017 (543), reg 7.

13Meaning of working directly with children

For the purposes of these Regulations a person is working directly with children at a given time if at that time the person—

  • (a)

    is physically present with the children; and

  • (b)

    is directly engaged in providing education and care to the children.

Chapter 2Approvals and certificatesGuide to Chapter 2.

This Chapter sets out requirements for obtaining provider approvals and service approvals.

Part 2.1 deals with the process of obtaining provider approvals and includes the information required for applications.

Part 2.2 contains matters relating to service approvals.

  • Division 1 deals with applications for service approvals, conditions on service approvals and annual fees for service approvals.

  • Division 2 deals with amendment of service approvals and notices of change to nominated supervisors.

  • Division 3 deals with the transfer of service approvals from one approved provider to another.

  • Division 4 deals with the suspension of service approvals.

  • Division 5 deals with the process for obtaining a service waiver.

  • Division 6 deals with the process for obtaining a temporary waiver.

Part 2.1Provider approvals14Application for provider approval by individual

An application for a provider approval made by an individual under section 10 of the Law must include the following information—

  • (a)

    the applicant’s full name, and any former or other name the applicant may be known by;

  • (b)

    the applicant’s residential address and contact details;

  • (c)

    the applicant’s date and place of birth;

  • (d)

    proof of the applicant’s identity;

  • (e)

    a previous service statement made by the applicant;

  • (f)

    except in the case of an application to the New South Wales Regulatory Authority or the Queensland Regulatory Authority, if the participating jurisdiction has a working with children law—

    • (i)

      if held by the applicant, a copy of the applicant’s current working with children card or working with children check; or

    • (ii)

      if the applicant is a teacher registered under an education law of that jurisdiction, proof of the current registration under that law;

    • (iii)

      (Repealed)

  • (fa)

    in the case of an application to the New South Wales Regulatory Authority, the applicant’s working with children check number or a copy of the applicant’s current working with children card or working with children check;

  • (fb)

    in the case of an application to the Queensland Regulatory Authority, a copy of the applicant’s current working with children card or working with children check;

  • (fc)

    in the case of an application to the Tasmanian Regulatory Authority, a copy of the applicant’s working with vulnerable people registration;

  • (g)

    except in the case of an application to the Queensland Regulatory Authority—

    • (i)

      a copy of the applicant’s current working with vulnerable people check; or

    • (ii)

      a criminal history record check in respect of the applicant issued not more than 6 months before the date of the application;

  • (h)

    if a criminal history record check has been provided under paragraph (g)(ii), a criminal history statement made by the applicant in relation to the period after the date on which the criminal history record check was issued to the date of the application;

  • (i)

    if the applicant lived and worked outside Australia at any time within the previous 3 years, an overseas criminal history statement made by the applicant;

  • (j)

    a disciplinary proceedings statement made by the applicant;

  • (k)

    a bankruptcy declaration made by the applicant.

Note.

If there is more than one applicant, the prescribed information must be provided in respect of each applicant—see section 10(3) of the Law.

Reg 14: Am 2013 (417), reg 10 (1); 2014 (260), reg 8; 2017 (543), reg 8.

15Application for provider approval by person other than an individual

An application for a provider approval made by a person other than an individual under section 10 of the Law must include the following information—

  • (a)

    the applicant’s name and any trading or other name used by the applicant;

  • (b)

    the applicant’s street address and postal address or, if there is more than one address, the street address and postal address of the applicant’s principal office;

  • (c)

    the name and contact details of the contact person for the purposes of the application;

  • (d)

    documentary evidence of the legal status of the applicant and its constitution;

    Example.

    The partnership agreement for a partnership.

  • (e)

    a financial declaration regarding the applicant;

  • (f)

    for each individual who will be a person with management or control of an education and care service to be operated by the applicant, the information set out in regulation 14.

Note.

If there is more than one applicant, the prescribed information must be provided in respect of each applicant—see section 10(3) of the Law.

16Matters relating to criminal history

The matters relating to the criminal history of a person that the Regulatory Authority must have regard to under section 13(1)(c)(i) of the Law are—

  • (a)

    if the participating jurisdiction has a working with children law, whether the person—

    • (i)

      holds a current working with children card or working with children check issued under that law; or

    • (ii)

      is a registered teacher under an education law of that jurisdiction; and

  • (b)

    except in the case of an application made to the Queensland Regulatory Authority, any matters included in a criminal history record check.

17Application for amendment of provider approval

An application under section 22 of the Law for an amendment of a provider approval must include the following information—

  • (a)

    the full name of the approved provider;

  • (b)

    the provider approval number;

  • (c)

    the name and contact details of the contact person for the purposes of the application;

  • (d)

    the details of the amendment applied for;

  • (e)

    sufficient information or documentation to support the application for amendment.

18Maximum period of suspension of provider approval

The prescribed maximum period of suspension of a provider approval under section 27(a) or 33(1)(a)(ii) of the Law is 12 months.

19Application for voluntary suspension of provider approval

An application under section 37 of the Law for the suspension of a provider approval must include the following information—

  • (a)

    the full name of the approved provider;

  • (b)

    the provider approval number;

  • (c)

    the name and contact details of the contact person for the purposes of the application;

  • (d)

    the reasons for the suspension;

  • (e)

    the date on which the suspension is proposed to take effect and the duration of the suspension;

  • (f)

    what is intended to happen to each education and care service operated by the approved provider during the proposed suspension;

  • (g)

    a statement indicating that the approved provider has notified the parents of children enrolled at the education and care services operated by the approved provider in accordance with section 37(3) of the Law.

20Application by individual executor for provider approval

An application for a provider approval made under section 39(5) of the Law by an executor who is an individual must include the following information—

  • (a)

    the applicant’s full name, and any former or other name the applicant may be known by;

  • (b)

    the applicant’s residential address and contact details;

  • (c)

    the applicant’s date and place of birth;

  • (d)

    in relation to the current approved provider—

    • (i)

      the approved provider’s full name;

    • (ii)

      the provider approval number;

    • (iii)

      the date of the approved provider’s death;

    • (iv)

      a copy of the death certificate or other evidence of the death of the approved provider;

  • (e)

    the proposed duration of the provider approval;

    Note.

    This period cannot exceed 6 months.

  • (f)

    proof of the applicant’s identity;

  • (g)

    except in the case of an application to the New South Wales Regulatory Authority or the Queensland Regulatory Authority, if the participating jurisdiction has a working with children law—

    • (i)

      if held by the applicant, a copy of the applicant’s current working with children card or working with children check; or

    • (ii)

      if the applicant is a teacher registered under an education law of that jurisdiction, proof of the current registration under that law;

    • (iii)

      (Repealed)

  • (ga)

    in the case of an application to the New South Wales Regulatory Authority, the applicant’s working with children check number or a copy of the applicant’s current working with children card or working with children check;

  • (gb)

    in the case of an application to the Queensland Regulatory Authority, a copy of the applicant’s current working with children card or working with children check;

  • (gc)

    in the case of an application to the Tasmanian Regulatory Authority, a copy of the applicant’s working with vulnerable people registration;

  • (h)

    except in the case of an application made to the Queensland Regulatory Authority—

    • (i)

      a copy of the applicant’s current working with vulnerable people check; or

    • (ii)

      a criminal history record check issued not more than 6 months before the date of the application;

  • (i)

    if a criminal history record check has been provided under paragraph (h)(ii), a criminal history statement made by the applicant in relation to the period after the date on which the criminal history record check was issued to the date of the application;

  • (j)

    if the applicant lived and worked outside Australia at any time within the previous 3 years, an overseas criminal history statement made by the applicant;

  • (k)

    a disciplinary proceedings statement made by the applicant;

  • (l)

    a bankruptcy declaration made by the applicant.

Reg 20: Am 2013 (417), reg 10 (2); 2014 (260), reg 9; 2017 (543), reg 9.

21Application by executor other than an individual for provider approval

An application for a provider approval made under section 39(5) of the Law by an executor other than an individual must include the following information—

  • (a)

    the applicant’s name and any trading or other name used by the applicant;

  • (b)

    the applicant’s street address and postal address or, if there is more than one address, the street address and postal address of the applicant’s principal office;

  • (c)

    the name and contact details of the contact person for the purposes of the application;

  • (d)

    in relation to the current approved provider—

    • (i)

      the approved provider’s full name;

    • (ii)

      the provider approval number;

    • (iii)

      the date of the approved provider’s death;

    • (iv)

      a copy of the death certificate or other evidence of the death of the approved provider;

  • (e)

    the proposed duration of the provider approval;

    Note.

    This period cannot exceed 6 months.

  • (f)

    documentary evidence of the legal status of the applicant and its constitution;

    Example.

    The partnership agreement for a partnership.

  • (g)

    a financial declaration regarding the applicant;

  • (h)

    for each individual who will be a person with management or control of an education and care service to be operated by the applicant, the information set out in regulation 20.

22Application by individual for provider approval on incapacity of approved provider

An application for a provider approval made under section 40 of the Law by the legal personal representative or guardian of an approved provider must include the following information if the applicant is an individual—

  • (a)

    the applicant’s full name, and any former or other name the applicant may be known by;

  • (b)

    the applicant’s residential address and contact details;

  • (c)

    the applicant’s date and place of birth;

  • (d)

    the current approved provider’s full name and provider approval number;

  • (e)

    the proposed duration of the provider approval;

    Note.

    This period cannot exceed 6 months.

  • (f)

    proof of the applicant’s identity;

  • (g)

    except in the case of an application to the New South Wales Regulatory Authority or the Queensland Regulatory Authority, if the participating jurisdiction has a working with children law—

    • (i)

      if held by the applicant, a copy of the applicant’s current working with children card or working with children check; or

    • (ii)

      if the applicant is a teacher registered under an education law of that jurisdiction, proof of the current registration under that law;

    • (iii)

      (Repealed)

  • (ga)

    in the case of an application to the New South Wales Regulatory Authority, the applicant’s working with children check number or a copy of the applicant’s current working with children card or working with children check;

  • (gb)

    in the case of an application to the Queensland Regulatory Authority, a copy of the applicant’s current working with children card or working with children check;

  • (gc)

    in the case of an application to the Tasmanian Regulatory Authority, a copy of the applicant’s working with vulnerable people registration;

  • (h)

    except in the case of an application made to the Queensland Regulatory Authority—

    • (i)

      a copy of the applicant’s current working with vulnerable people check; or

    • (ii)

      a criminal history record check issued not more than 6 months before the date of the application;

  • (i)

    if a criminal history record check has been provided under paragraph (h)(ii), a criminal history statement made by the applicant in relation to the period after the date on which the criminal history record check was issued until the application is made;

  • (j)

    if the applicant lived and worked outside Australia at any time within the previous 3 years, an overseas criminal history statement made by the applicant;

  • (k)

    a disciplinary proceedings statement made by the applicant;

  • (l)

    a bankruptcy declaration made by the applicant.

Reg 22: Am 2013 (417), reg 10 (3); 2014 (260), reg 10; 2017 (543), reg 10.

23Application by person other than an individual for provider approval on incapacity of approved provider

An application for a provider approval made under section 40 of the Law by the legal personal representative or guardian of an approved provider must include the following information if the applicant is a person other than an individual—

  • (a)

    the applicant’s name and any trading or other name used by the applicant;

  • (b)

    the applicant’s street address and postal address or, if there is more than one address, the street address and postal address of the applicant’s principal office;

  • (c)

    the name and contact details of the contact person for the purposes of the application;

  • (d)

    the current approved provider’s full name and provider approval number;

  • (e)

    the proposed duration of the provider approval;

    Note.

    This period cannot exceed 6 months.

  • (f)

    documentary evidence of the legal status of the applicant and its constitution;

    Example.

    The partnership agreement for a partnership.

  • (g)

    a financial declaration regarding the applicant;

  • (h)

    for each individual who will be a person with management or control of an education and care service to be operated by the applicant, the information set out in regulation 22.

Part 2.2Service approvalsDivision 1Applications for service approvals24Application for service approval—centre-based service

Subject to regulation 25A, an application under section 43 of the Law for a service approval for a centre-based service must include the following information—

  • (a)

    the applicant’s full name and—

    • (i)

      provider approval number; or

    • (ii)

      if the applicant has applied for a provider approval but the application has not been decided, the applicant’s contact details;

  • (b)

    the name of the proposed education and care service;

  • (c)

    the proposed date on which the education and care service will commence operation;

  • (d)

    if known, the contact details, including an after-hours telephone number, for the proposed education and care service;

  • (e)

    the proposed ages of children to be educated and cared for by the education and care service;

  • (f)

    the proposed maximum number of children to be educated and cared for by the education and care service;

  • (g)

    the proposed hours and days of operation of the education and care service;

  • (h)

    a description of the nature of the education and care service;

  • (ha)

    a description of any proposed regular transportation of children by or arranged by the education and care service;

  • (i)

    the details of any associated children’s service for which approval is sought;

  • (j)

    a statement that the applicant has prepared the policies and procedures referred to in regulation 168;

  • (k)

    the full name and contact details, including the after-hours telephone number, of each nominated supervisor.

    Note.

    The application must include a nominated supervisor’s written consent to the nomination unless the nominated supervisor is the approved provider—see section 44(1)(da) of the Law.

Reg 24: Am 2017 (543), reg 11; 2023 (2), reg 5.

25Additional information about proposed education and care service premises(1)

Subject to subregulation (2) and regulation 25A, in addition to the information referred to in regulation 24, an application for a service approval for a centre-based service must include the following information about the proposed education and care service premises—

  • (a)

    the location and street address of the proposed education and care service premises;

  • (b)

    plans prepared by a building practitioner of the proposed education and care service premises showing the following—

    • (i)

      the location of all buildings, structures, outdoor play areas and shaded areas;

    • (ii)

      the location of all entries and exits;

    • (iii)

      the location of all fences and gates, specifying the type of fence or gate used or to be used;

    • (iv)

      the location of toilet and washing facilities, nappy changing areas and any food preparation areas;

    • (v)

      the boundaries of the premises;

    • (vi)

      the landscape of, or landscaping plans for, outdoor spaces that will be used by the education and care service, specifying the natural environments that are or will be provided;

    • (vii)

      a floor plan indicating unencumbered indoor and outdoor spaces suitable for children;

    • (viii)

      the location of any associated children’s service;

    • (ix)

      calculations, carried out by a building practitioner, of the areas referred to in regulations 107 and 108 relating to unencumbered indoor and outdoor space;

    • (x)

      the elevation plans of the premises;

  • (ba)

    if the proposed education and care service premises will be located within a multistorey building shared with other occupants—

    • (i)

      the total number of storeys in the building; and

    • (ii)

      the storey or storeys on which the premises will be located; and

    • (iii)

      if the premises will be located on more than one storey, the ages of the children who will attend on each storey;

  • (c)

    if a swimming pool or other water hazard is situated on the proposed education and care service premises, a copy of the service’s proposed water safety policy;

    Note.

    Restrictions on swimming pools apply in New South Wales and Tasmania.

  • (d)

    one of the following—

    • (i)

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

    • (ii)

      if a soil assessment for the site of the proposed education and care service premises has previously been undertaken, a statement to that effect, specifying when the soil assessment was undertaken;

    • (iii)

      a statement made by the applicant that states that, to the best of the applicant’s knowledge the site history does not indicate that the site is likely to be contaminated in a way that poses an unacceptable risk to the health of children;

  • (e)

    a copy of the planning permit for the proposed education and care service premises if a planning permit is required under the planning and development law of the participating jurisdiction;

  • (f)

    a statement that the applicant has the right to occupy and use the premises and any document evidencing this;

    Example.

    A lease of the premises.

  • (g)

    unless the education and care service premises is a government or registered school, either—

    • (i)

      a copy of any occupancy permit, certificate of final inspection, building certificate, certificate of classification or building surveyor’s statement issued or given in respect of the final construction and fit out of the education and care service premises; or

    • (ii)

      a statement made by a building practitioner that states that the education and care service premises complies with building requirements under a building law or planning and development law of the participating jurisdiction;

  • (h)

    if the proposed premises has an approval in principle—

    • (i)

      the approval in principle number (if any); and

    • (ii)

      a statement made by the applicant that, to the best of the applicant’s knowledge, the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or specified in, the approval in principle.

(2)

If the approved provider is seeking to locate the education and care service on a school site, the Regulatory Authority may determine that the requirements of subregulation (1)(b), (d), (e) or (g) do not apply to the application for the service approval.

Reg 25: Am 2013 (417), reg 11 (1) (2); 2017 (543), reg 12; 2023 (399), reg 6; 2024 (143), reg 7.

25AApplication for service approval for a centre-based service—relocation of existing centre-based service(1)

This regulation applies if—

  • (a)

    an application for a service approval relates to a centre-based service that is an approved education and care service; and

  • (b)

    the purpose of the application is to change the location of that service.

Note.

A service approval cannot be amended to change the location of a centre-based service—see section 54(8) of the Law.

(2)

If the centre-based service is to be relocated for less than 12 months, the Regulatory Authority may determine that the requirements of regulation 25(1)(b) or (g) do not apply to the application for the service approval.

(3)

If the centre-based service is to be relocated due to exceptional circumstances (whether for more or less than 12 months), the Regulatory Authority may determine that any of the following information is not required to be provided in the application for the service approval—

  • (a)

    the information set out in regulation 24(g);

  • (b)

    the contact details of the nominated supervisor set out in regulation 24(k);

  • (c)

    any of the information set out in regulation 25(1)(b), (ba), (c), (d), (e), (f) or (g).

(4)

If the Regulatory Authority makes a determination under subregulation (3), the approved provider must provide the relevant information to the Regulatory Authority as soon as possible.

(5)

A failure by the approved provider to provide the relevant information to the Regulatory Authority under subregulation (4) does not prevent the Regulatory Authority granting the service approval.

Note.

The Education and Care Services National Regulations 2012 of Western Australia do not include regulation 25A.

Reg 25A: Ins 2017 (543), reg 13. Am 2023 (399), reg 7.

26Application for service approval—family day care service(1)

An application under section 43 of the Law for a service approval for a family day care service must include the following information—

  • (a)

    the applicant’s full name and—

    • (i)

      provider approval number; or

    • (ii)

      if the applicant has applied for a provider approval but the application has not been decided, the applicant’s contact details;

  • (b)

    the name of the proposed family day care service;

  • (c)

    the proposed date on which the family day care service will commence operation;

  • (d)

    if known, the contact details, including after-hours telephone number, for the proposed principal office of the service;

  • (e)

    the proposed hours and days of operation of the family day care service including whether the service proposes to engage or register family day care educators who will provide overnight or weekend care;

  • (f)

    the proposed location and street address of the principal office of the family day care service;

  • (fa)

    a statement that the applicant has the right to occupy and use the proposed premises as a principal office and any document evidencing this;

    Example.

    A lease of the premises.

  • (g)

    the proposed number of family day care educators expected to be engaged by or registered with the proposed family day care service within 6 months of commencement of the service;

  • (ga)

    a statement that each family day care residence that will be part of the family day care service and each place other than a residence where education and care is to be provided to children as part of the family day care service will be located in this jurisdiction;

  • (h)

    the proposed local government areas in which the family day care educators expected to be engaged by or registered with the proposed family day care service will provide education and care;

  • (i)

    the proposed number of family day care coordinators expected to be engaged by the proposed family day care service within 6 months of commencement of the service;

  • (j)

    a statement that the applicant has prepared the policies and procedures referred to in regulation 168;

  • (k)

    a copy of the proposed policies and procedures referred to in regulation 169;

  • (l)

    if the family day care service will permit a family day care residence or venue with a swimming pool or something that may constitute a water hazard, a copy of the service’s proposed water safety policy;

    Note.

    Swimming pools are prohibited in Tasmania for all education and care services.

  • (m)

    the full name and contact details, including the after-hours telephone number, of each nominated supervisor;

    Note.

    The application must include a nominated supervisor’s written consent to the nomination unless the nominated supervisor is the approved provider—see section 44(1)(da) of the Law.

  • (n)

    if the application includes a request for approval of a place as a family day care venue for the service—

    • (i)

      the location and street address of the family day care venue; and

    • (ia)

      if the proposed family day care venue will be located within a multi-storey building shared with other occupants, the information specified in subregulation (3); and

    • (ii)

      a statement that the applicant has the right to occupy and use the place as a family day care venue and any document evidencing this; and

      Example.

      A lease of the premises.

    • (iii)

      an assessment (including any risk assessment) of the place conducted by the approved provider to ensure that the health, safety and wellbeing of children being educated and cared for by the service are protected.

(2)

An assessment referred to in subregulation (1)(n)(iii) must consider the matters set out in regulation 116(2).

(3)

For the purposes of subregulation (1)(n)(ia), the application must include the following information—

  • (a)

    the total number of storeys in the building;

  • (b)

    the storey or storeys on which the venue will be located;

  • (c)

    if the venue will be located on more than one storey, the ages of the children who will attend on each storey.

Reg 26: Am 2017 (543), reg 14; 2023 (399), reg 8.

27Additional matters to have regard to in determining application for service approval

In determining an application for a service approval under section 43 of the Law, the Regulatory Authority must have regard to the following matters—

  • (a)

    any suspension of the applicant’s provider approval;

  • (b)

    any conditions of the applicant’s provider approval;

  • (c)

    in the case of a proposed family day care venue or centre-based service to be located within a multi-storey building shared with other occupants, for each storey on which the venue or service is proposed to be located, whether there is direct egress to an assembly area to allow the safe evacuation of all children attending the venue or service, including non-ambulatory children.

Note.

See section 47(1)(g) of the Law.

Reg 27: Am 2023 (399), reg 9.

28Additional grounds for refusal to grant service approval

The Regulatory Authority may refuse to grant a service approval on the following grounds—

  • (a)

    the Regulatory Authority is not satisfied that the applicant is capable of operating the proposed service in a way that meets the requirements of the Law or these Regulations or the National Quality Standard;

    Examples.

    The Regulatory Authority is not satisfied that the applicant is capable of maintaining premises or equipment or providing staff as required under the Law, whether because of financial or management capacity or another reason.

    The Regulatory Authority is not satisfied that the applicant is capable of assessing family day care venues or residences or monitoring family day care educators as required under the Law, whether because of financial or management capacity or another reason.

  • (b)

    in the case of a centre-based service, the Regulatory Authority is not satisfied that the applicant is entitled to occupy the education and care service premises.

Note.

See section 49(2) of the Law.

29Condition on service approval—insurance

A service approval is granted subject to a condition that the approved provider must hold the following insurance in respect of the education and care service—

  • (a)

    a current policy of insurance providing adequate cover for the education and care service against public liability with a minimum cover of $10 000 000; or

  • (b)

    a policy of insurance or an indemnity against public liability provided by the Government of a State or Territory in respect of the education and care service.

Notes.

See section 51(4) of the Law.

See regulation 180 for the requirement to keep evidence of prescribed insurance.

30Condition on service approval—family day care educator insurance

A service approval for a family day care service is granted subject to the condition that the approved provider of the service must ensure that each family day care educator engaged by or registered with the service holds insurance against public liability with a minimum cover of $10 000 000.

Notes.

See section 51(5) of the Law.

See regulation 180 for the requirement to keep evidence of prescribed insurance.

31Condition on service approval—quality improvement plan

A service approval is granted subject to the condition that the approved provider of the education and care service must ensure that the current quality improvement plan for the service—

  • (a)

    is kept at the education and care service premises or, in the case of a family day care service, the principal office of the family day care service; and

  • (b)

    is made available for inspection by the Regulatory Authority or an authorised officer; and

  • (c)

    is made available on request to parents of a child who is enrolled at the service or who are seeking to enrol a child at the service.

Notes.

See section 51(5) of the Law.

See regulations 55 and 56, which set out requirements for quality improvement plans.

32Condition on service approval—entitlement to occupy premises

A service approval for a centre-based service is granted subject to the condition that the service continues to be entitled to occupy the education and care service premises.

Note.

See section 51(5) of the Law.

32ACondition on service approval—maximum number of family day care educators

A service approval for a family day care service is granted subject to the condition that the approved provider of the service must ensure that the number of family day care educators providing education and care as part of the service does not exceed the maximum number of family day care educators determined by the Regulatory Authority in the service approval.

Note.

See section 51(5) of the Law.

Reg 32A: Ins 2017 (543), reg 15.

33Annual fees

The approved provider of an education and care service must pay the relevant prescribed annual fee for the service approval on or before 1 July in each year.

Note

Divisions 2 and 3 of Part 6.3 provide for the calculation of prescribed annual fees.

Reg 33: Am 2013 (417), reg 12; 2014 (260), reg 11. Subst 2023 (165), reg 31.

Division 2Amendment of service approval and notice of change to nominated supervisor34Prescribed information for application to amend service approval(1)

An application under section 54 of the Law for an amendment of a service approval must include the following information—

  • (a)

    the name of the education and care service;

  • (b)

    the service approval number;

  • (c)

    the name and contact details of the contact person for the purposes of the application;

  • (d)

    the details of the amendment applied for;

  • (e)

    sufficient information or documentation to support the application for amendment;

  • (f)

    if the application includes a request for approval of a place as a family day care venue for the service—

    • (i)

      the location and street address of the family day care venue; and

    • (ia)

      whether the family day care venue is proposed to be located within a multi-storey building shared with other occupants and, if so, the additional information specified in subregulation (1A); and

    • (ii)

      a statement that the applicant has the right to occupy and use the place as a family day care venue and any document evidencing this; and

      Example.

      A lease of the premises.

    • (iii)

      an assessment (including any risk assessment) of the place conducted by the approved provider to ensure that the health, safety and wellbeing of children being educated and cared for by the service are protected.

(1A)

For the purposes of subregulation (1)(f)(ia), the additional information to be included in an application is—

  • (a)

    the total number of storeys in the multistorey building; and

  • (b)

    the storey or storeys on which the venue is proposed to be located; and

  • (c)

    if the venue is proposed to be located on more than one storey, the ages of the children who will attend on each storey.

(2)

An assessment referred to in subregulation (1)(f)(iii) must consider the matters set out in regulation 116(2).

Reg 34: Am 2017 (543), reg 16; 2023 (399), reg 10.

35Notice of addition of new nominated supervisor

A notice under section 56 of the Law to add a new nominated supervisor of an education and care service must include the following information—

  • (a)

    the name of the education and care service;

  • (b)

    the service approval number;

  • (c)

    the name and contact details of the contact person for the purposes of the application;

  • (d)

    the full name and contact details of the new nominated supervisor;

  • (e), (f)

    (Repealed)

  • (g)

    the date on which the new nominated supervisor commences or commenced work as a nominated supervisor.

Note.

A notice must include a nominated supervisor’s written consent to the nomination unless the nominated supervisor is the approved provider—see section 56(2)(a) of the Law.

Reg 35: Am 2017 (543), reg 17.

Division 3Transfer of service approval36Notice of transfer of service approval—centre-based service

A notice under section 59 of the Law of a transfer of a service approval for a centre-based service must include the following information—

  • (a)

    the name of the education and care service;

  • (b)

    the service approval number;

  • (c)

    the transferring approved provider’s—

    • (i)

      name and contact details; and

    • (ii)

      provider approval number;

  • (d)

    the receiving approved provider’s—

    • (i)

      name and contact details; and

    • (ii)

      provider approval number;

  • (e)

    the date on which the transfer is intended to take effect;

  • (f)

    the details of any proposed changes in relation to the information required to be provided under regulations 24 and 25.

37Notice of transfer of service approval—family day care service

A notice under section 59 of the Law of a transfer of a service approval for a family day care service must include the following information—

  • (a)

    the name of the family day care service;

  • (b)

    the service approval number;

  • (c)

    the transferring approved provider’s—

    • (i)

      name and contact details; and

    • (ii)

      provider approval number;

  • (d)

    the receiving approved provider’s—

    • (i)

      name and contact details; and

    • (ii)

      provider approval number;

  • (e)

    the date on which the transfer is intended to take effect;

  • (f)

    the details of any proposed changes to the information required to be provided under regulation 26.

38Notification of decision to intervene in transfer of service approval

A notification under section 62(2) of the Law of the decision to intervene in the transfer of a service approval must include the following information—

  • (a)

    the name of the education and care service;

  • (b)

    the service approval number;

  • (c)

    the name of the transferring approved provider;

  • (d)

    the name of the receiving approved provider;

  • (e)

    the matters about which the Regulatory Authority is concerned.

Division 4Suspension of service approval39Maximum period of suspension of service approval

The prescribed maximum period of suspension of a service approval under sections 72(b)(i) and 79(1)(a)(ii) of the Law is 12 months.

Reg 39: Am 2019 (631), reg 8.

40Application for voluntary suspension of service approval

An application under section 85 of the Law for the suspension of a service approval must include the following information—

  • (a)

    the name of the education and care service;

  • (b)

    the service approval number;

  • (c)

    the name and contact details of the contact person for the purposes of the application;

  • (d)

    the reasons for the suspension;

  • (e)

    the date on which the suspension is proposed to take effect and the duration of the suspension;

  • (f)

    a statement indicating that the approved provider has notified the parents of children enrolled at the education and care service and any associated children’s service in accordance with section 85(4) of the Law.

Division 5Service waiver41Service waiver—prescribed regulations

The regulations prescribed for the purposes of section 87(1) of the Law are—

  • (a)

    regulations 104, 107, 108 and 110; and

  • (b)

    in the case of a centre-based service, any provision in Division 2 of Part 4.3 and regulations 120, 123, 126 and 130 to 134; and

  • (c)

    in the case of a family day care service, regulations 72A, 117, 124, 127 and 128; and

  • (d)

    any provision in Chapter 7 that applies in place of a provision referred to in paragraphs (a) to (c).

Reg 41: Am 2017 (543), reg 18. Subst 2023 (399), reg 11.

42Prescribed information—application for service waiver

An application under section 87 of the Law for a service waiver must include the following information—

  • (a)

    the name of the education and care service;

  • (b)

    the service approval number;

  • (c)

    the name and contact details of the contact person for the purposes of the application;

  • (d)

    a statement that specifies—

    • (i)

      the regulations in relation to which a service waiver is sought; and

    • (ii)

      the way in which the education and care service does not or will not comply with the specified regulations;

  • (e)

    if the education and care service is unable to comply with the specified regulations—

    • (i)

      the reasons that the education and care service is unable to comply; and

    • (ii)

      details and evidence of any attempts made to comply with the specified regulations;

  • (f)

    in any other case, the reasons that the education and care service seeks the service waiver;

  • (g)

    the measures being taken or to be taken to protect the wellbeing of children being educated and cared for by the service while the service waiver is in force.

Note.

See section 88 of the Law.

Reg 42: Am 2023 (399), reg 12.

43Prescribed period—revocation of service waiver(1)

For the purposes of section 92(3) of the Law, the prescribed period in relation to a revocation of a service waiver under section 92(1) of the Law is—

  • (a)

    14 days after the Regulatory Authority notifies the approved provider of the decision to revoke; or

  • (b)

    if another period is determined by the Regulatory Authority with the agreement of the approved provider, that other period.

(2)

For the purposes of section 92(3) of the Law, the prescribed period in relation to a revocation of a service waiver under section 92(2) of the Law, is—

  • (a)

    14 days after the Regulatory Authority notifies the approved provider of the approval of the application; or

  • (b)

    if another period is determined by the Regulatory Authority with the agreement of the approved provider, that other period.

Reg 43: Am 2017 (543), reg 19.

Division 6Temporary waiver44Temporary waiver—prescribed regulations

The regulations prescribed for the purposes of section 94(1) of the Law are—

  • (a)

    regulations 104, 107, 108 and 110; and

  • (b)

    in the case of a centre-based service, any provision in Division 2 of Part 4.3 and regulations 120, 123, 126, 130 to 134 and 136; and

  • (c)

    in the case of a family day care service, regulations 72A, 117, 124, 127, 128 and 136; and

  • (d)

    any provision in Chapter 7 that applies in place of a provision referred to in paragraphs (a) to (c).

Reg 44: Am 2017 (543), reg 20. Subst 2023 (399), reg 13.

45Application for temporary waiver

An application under section 94 of the Law for a temporary waiver must include the following information—

  • (a)

    the name of the education and care service;

  • (b)

    the service approval number;

  • (c)

    the name and contact details of the contact person for the purposes of the application;

  • (d)

    a statement that specifies—

    • (i)

      the regulations in relation to which a temporary waiver is sought; and

    • (ii)

      the way in which the education and care service does not or will not comply with the specified regulations;

  • (e)

    the reasons that the education and care service is unable to comply with the specified regulations;

  • (f)

    details and evidence of any attempts made to comply with the specified regulations;

  • (g)

    the period for which a temporary waiver is sought and the reasons for seeking that period;

    Note.

    This period cannot exceed 12 months.

  • (h)

    details of steps that are being or will be taken in order to comply with the specified regulations;

  • (i)

    the measures being taken or to be taken to protect the wellbeing of children being educated and cared for by the education and care service while the temporary waiver is in force.

Note.

See section 95 of the Law.

Reg 45: Am 2023 (399), reg 14.

Part 2.3Premises approvals in principle

pt 2.3: Rep 2017 (543), reg 21. Ins 2024 (143), reg 8.

pt 2.3, div 1: Rep 2017 (543), reg 21.

46Application for approval in principle of proposed premises

An application under section 106 of the Law for the approval in principle of proposed education and care service premises must include the following information—

  • (a)

    if the applicant is an individual—

    • (i)

      the applicant’s full name; and

    • (ii)

      any former or other name the applicant may be known by; and

    • (iii)

      proof of the applicant’s identity;

  • (b)

    if the applicant is a person other than an individual—

    • (i)

      the applicant’s name; and

    • (ii)

      any trading or other name used by the applicant; and

    • (iii)

      documentary evidence of the legal status of the applicant and its constitution;

      Example

      The partnership agreement for a partnership.

  • (c)

    the applicant’s ABN (if any);

  • (d)

    the applicant’s provider approval number (if any);

  • (e)

    if the applicant does not have a provider approval number, whether the applicant has applied for a provider approval but the application has not been decided;

    Note

    A provider approval is not required for an application for an approval in principle.

  • (f)

    the applicant’s street address and postal address or, if there is more than one address, the street address and postal address of the applicant’s principal office;

  • (g)

    the name and contact details of the contact person for the purposes of the application;

  • (h)

    the location and street address of the proposed education and care service premises;

  • (i)

    a description of the land on which the proposed education and care service premises will be located;

    Example

    Lot and plan numbers on the certificate of title.

  • (j)

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

  • (k)

    plans prepared by a building practitioner showing—

    • (i)

      all possible evacuation routes from each storey of the proposed education and care service premises; and

    • (ii)

      the assembly area proposed to be used in an emergency evacuation of the proposed education and care service premises;

  • (l)

    a description of—

    • (i)

      any other occupants or proposed occupants of the building in which the premises are proposed to be located; and

    • (ii)

      the types of any enterprises operating from properties within 50 metres of the proposed education and care service premises;

      Example

      A supermarket.

  • (m)

    a plan showing the direct sunlight to be received by the proposed education and care service premises between 9:00 am and 3:00 pm on the winter solstice and the summer solstice.

Reg 46: Am 2013 (417), reg 13 (1) (2); 2014 (260), reg 12. Rep 2017 (543), reg 21. Ins 2024 (143), reg 8.

47Application for amendment of approval in principle

An application under section 115 of the Law for an amendment of an approval in principle must include the following information—

  • (a)

    the approval in principle number (if any);

  • (b)

    the name of the approval in principle holder;

  • (c)

    the name and contact details of the contact person for the purposes of the application;

  • (d)

    the location and street address of the proposed education and care service premises;

  • (e)

    a description of the land on which the proposed education and care service premises will be located;

    Example

    Lot and plan numbers on the certificate of title.

  • (f)

    the details of the amendment applied for;

  • (g)

    any plans prepared by a building practitioner that are relevant to the amendment applied for.

Reg 47: Rep 2017 (543), reg 21. Ins 2024 (143), reg 8.

48Notice of transfer of approval in principle

A notice under section 118 of the Law of a transfer of an approval in principle must include the following information—

  • (a)

    the approval in principle number (if any);

  • (b)

    the name of the transferring approval in principle holder;

  • (c)

    the name and contact details of the contact person for the transferring approval in principle holder for the purposes of the transfer;

  • (d)

    the location and street address of the proposed education and care service premises;

  • (e)

    a description of the land on which the proposed education and care service premises will be located;

    Example

    Lot and plan numbers on the certificate of title.

  • (f)

    if the receiving approval in principle holder is an individual—

    • (i)

      the individual’s full name; and

    • (ii)

      any former or other name the individual may be known by; and

    • (iii)

      proof of the individual’s identity;

  • (g)

    if the receiving approval in principle holder is a person other than an individual—

    • (i)

      the person’s name; and

    • (ii)

      any trading or other name used by the person; and

    • (iii)

      documentary evidence of the legal status of the person and its constitution;

      Example

      The partnership agreement for a partnership.

  • (h)

    the receiving approval in principle holder’s ABN (if any);

  • (i)

    the receiving approval in principle holder’s address and postal address or, if there is more than one address, the street address and postal address of the receiving approval in principle holder’s principal office;

  • (j)

    the name and contact details of the contact person for the receiving approval in principle holder for the purposes of the transfer.

Reg 48: Rep 2017 (543), reg 21. Ins 2024 (143), reg 8.

49Application to extend approval in principle

An application under section 124 of the Law to extend an approval in principle must include the following information—

  • (a)

    the approval in principle number (if any);

  • (b)

    the name of the approval in principle holder;

  • (c)

    the name and contact details of the contact person for the purposes of the application;

  • (d)

    the location and street address of the proposed education and care service premises;

  • (e)

    a description of the land on which the proposed education and care service premises will be located;

    Example

    Lot and plan numbers on the certificate of title.

  • (f)

    the estimated date of completion of the construction, alteration or repair of the proposed education and care service premises;

  • (g)

    details of any proposed application for a service approval in respect of the proposed education and care service premises, including—

    • (i)

      the name of the approved provider (if any); and

    • (ii)

      the provider approval number (if any); and

    • (iii)

      the estimated date by which the application for a service approval will be made.

Reg 49: Rep 2017 (543), reg 21. Ins 2024 (143), reg 8.

50Application to reinstate approval in principle

An application under section 125 of the Law to reinstate an approval in principle must include the following information—

  • (a)

    the approval in principle number (if any);

  • (b)

    the name of the approval in principle holder at the time of the expiry of the approval in principle;

  • (c)

    the name and contact details of the contact person for the purposes of the application;

  • (d)

    the location and street address of the proposed education and care service premises;

  • (e)

    a description of the land on which the proposed education and care service premises will be located;

    Example

    Lot and plan numbers on the certificate of title.

  • (f)

    the estimated date of completion of the construction, alteration or repair of the proposed education and care service premises;

  • (g)

    details of any proposed application for a service approval in respect of the proposed education and care service premises, including—

    • (i)

      the name of the approved provider (if any); and

    • (ii)

      the provider approval number (if any); and

    • (iii)

      the estimated date by which the application for a service approval will be made.

Reg 50: Am 2014 (260), reg 13. Rep 2017 (543), reg 21. Ins 2024 (143), reg 8.

pt 2.3, divs 2–4 (regs 51–54): Rep 2017 (543), reg 21.

51–54

(Repealed)

pt 2.3, divs 2–4 (regs 51–54): Rep 2017 (543), reg 21.

Chapter 3Assessments and ratingsGuide to Chapter 3.

This Chapter outlines the assessment and ratings process for an education and care service and applies to all education and care services.

Part 3.1 sets out the requirements for preparation and review of quality improvement plans.

Part 3.2 sets out the different rating levels that may be given to an education and care service and the method used to determine a rating.

Part 3.3 deals with assessments.

  • Division 1 sets out the process for making assessments of approved education and care services and determining ratings, including the matters that the Regulatory Authority must consider.

  • Division 2 sets out the process for applying for reassessment of an education and care service.

Part 3.4 deals with reviews of ratings.

  • Division 1 sets out the process for applying for a review of a rating of an education and care service by the Regulatory Authority.

  • Division 2 sets out the process for applying for a further review of a rating of an education and care service by a rating review panel.

Part 3.5 sets out the process by which the approved provider of an education and care service, if eligible, may apply for the highest rating.

Part 3.6 sets out offences relating to falsely representing ratings.

Part 3.1Quality improvement plans55Quality improvement plans(1)

The approved provider of an education and care service must ensure that, within 3 months of the grant of the service approval, a quality improvement plan is prepared for the service that—

  • (a)

    includes an assessment by the provider of the quality of the practices of the service against the National Quality Standard and these Regulations; and

  • (b)

    identifies any areas that the provider considers may require improvement; and

  • (c)

    contains a statement of the philosophy of the service.

(2)

The approved provider must submit the quality improvement plan to the Regulatory Authority on request.

Note.

A compliance direction may be issued for failure to comply with subregulation (1).

Reg 55: Am 2014 (260), reg 14 (1) (2).

56Review and revision of quality improvement plans(1)

The approved provider of an education and care service must review and revise the quality improvement plan for the service having regard to the National Quality Standard—

  • (a)

    at least annually; and

  • (b)

    at any time when directed by the Regulatory Authority.

(2)

The approved provider must submit the current quality improvement plan to the Regulatory Authority on request.

Note.

See regulation 31 for the conditions on the service approval requiring the current quality improvement plan to be kept available.

Part 3.2Prescribed rating levels57Rating levels

For the purposes of section 134(1) of the Law, the prescribed rating levels are—

  • (a)

    Significant Improvement Required;

  • (b)

    Working Towards National Quality Standard;

  • (c)

    Meeting National Quality Standard;

  • (d)

    Exceeding National Quality Standard (the second highest rating level);

    Note.

    The second highest rating level is referred to in section 152(5) of the Law.

  • (e)

    Excellent rating (the highest rating level).

    Note.

    The criteria for an excellent rating are determined by the National Authority. See section 153 of the Law.

58Prescribed provisional rating

For the purposes of section 133(2) of the Law, the prescribed provisional rating is Provisional—Not Yet Assessed under the National Quality Framework.

59Significant Improvement Required(1)

A Significant Improvement Required rating may be given for a quality area stated in the National Quality Standard if the education and care service does not meet that quality area or a relevant regulation for that quality area in a way that the Regulatory Authority is satisfied constitutes a significant risk to the safety, health or wellbeing of any child or children being educated and cared for by the service.

(2)

If an education and care service has a Significant Improvement Required rating for any quality area stated in the National Quality Standard, the overall rating of the service is to be Significant Improvement Required.

Reg 59: Am 2017 (735), reg 5.

60Working Towards National Quality Standard(1)

A Working Towards National Quality Standard rating may be given for a quality area stated in the National Quality Standard if the education and care service does not meet a standard in that quality area or a relevant regulation for that quality area but is not rated as Significant Improvement Required.

(2)

If an education and care service has a Working Towards National Quality Standard rating for any quality area stated in the National Quality Standard but does not have a Significant Improvement Required rating for any quality area, the overall rating of the service is to be Working Towards National Quality Standard.

61Meeting National Quality Standard(1)

A Meeting National Quality Standard rating may be given for a quality area stated in the National Quality Standard if the education and care service meets the standards and relevant regulations for that quality area.

(2)

If an education and care service has a rating for each quality area stated in the National Quality Standard that is Meeting National Quality Standard or Exceeding National Quality Standard but does not satisfy the requirements of regulation 62 for an overall Exceeding National Quality Standard rating, the overall rating of the service is to be Meeting National Quality Standard.

62Exceeding National Quality Standard(1)

Subject to subregulation (2), an Exceeding National Quality Standard rating may be given for a quality area stated in the National Quality Standard if the education and care service exceeds the standards for that quality area and complies with the relevant regulations for that quality area.

(2)

An Exceeding National Quality Standard rating may only be given for the educational program and practice quality area of the National Quality Standard for an education and care service that educates and cares for children who are in the year that is 2 years before grade 1 of school if the service either—

  • (a)

    provides a preschool program; or

  • (b)

    has a documented arrangement with an approved provider of another education and care service to provide a preschool program and informs parents of this arrangement.

(3)

The overall rating of an education and care service is to be Exceeding National Quality Standard if—

  • (a)

    the education and care service has an Exceeding National Quality Standard rating for all quality areas stated in the National Quality Standard; or

  • (b)

    the education and care service has—

    • (i)

      an Exceeding National Quality Standard rating for 4 or more quality areas stated in the National Quality Standard at least 2 of which are among the following quality areas—

      • (A)

        educational program and practice;

      • (B)

        relationships with children;

      • (C)

        collaborative partnerships with families and communities;

      • (D)

        leadership and service management; and

    • (ii)

      a Meeting National Quality Standard rating for each other quality area stated in the National Quality Standard.

Part 3.3AssessmentDivision 1Assessment63Assessing approved education and care services(1)

Subject to subregulation (3), for the purposes of assessing an approved education and care service under section 133(1) of the Law, the Regulatory Authority—

  • (a)

    must consider—

    • (i)

      the current quality improvement plan for the service; and

    • (ii)

      any rating assessment history of the service, including any records of previous rating assessments made under the Law; and

    • (iii)

      the service’s history of compliance—

      • (A)

        with the Law as it applies in any participating jurisdiction in which the service operates; and

      • (B)

        in the period of 3 years preceding 1 January 2012, with a former education and care services law of a participating jurisdiction in which the service operates or has operated; and

        Note.

        The date specified in sub-subparagraph (B) does not apply in Western Australia. The applicable date in Western Australia is 1 August 2012—see regulation 63(1)(a)(iii)(B) of the Education and Care Services National Regulations 2012 of Western Australia.

      • (C)

        with an education law of a participating jurisdiction in which the service operates or has operated; and

      • (D)

        with a children’s services law of a participating jurisdiction in which the service operates or has operated; and

  • (b)

    must arrange for a site visit by an authorised officer—

    • (i)

      in the case of a centre-based service, of the education and care service premises; and

    • (ii)

      in the case of a family day care service, of one or more approved family day care venues or family day care residences.

(2)

In addition to subregulation (1), the Regulatory Authority may consider the following—

  • (a)

    any relevant information disclosed to the Regulatory Authority by—

    • (i)

      a government department, public authority or local authority under section 271 of the Law; or

    • (ii)

      the Regulatory Authority of another participating jurisdiction under section 271 of the Law as applying in that jurisdiction or a person acting for that Authority; or

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.

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.

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.

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.

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.

Schedule 2Prescribed fees for 17 April 2023—30 June 2023

Regulation 236B

Table 1—Prescribed fees for provider approvals, service approvals, assessments and ratings

Col. 1

Col. 2

Col. 3

Col. 4

Item

Section of the Law

Description

Fee

1

Section 11(d)

Application for a provider approval

$241

2

Section 22(2)(c)

Application to amend a provider approval

Nil

3

Section 37(2)(c)

Application to voluntarily suspend a provider approval

Nil

4

Section 39(6)(c)

Application to approve an executor as approved provider

Nil

5

Section 40(3)(c)

Application to approve legal personal representative or guardian as approved provider

Nil

6

Section 44(1)(e)

Application for service approval—centre- based service

Small service $482

Medium service $725

Large service $967

Extra-large service $967

7

Section 44(1)(e)

Application for service approval—family day care service

$725

8

Section 53

Annual fee—centre- based service

Small service $218

Medium service $329

Large service $438

Extra-large service $438

9

Section 53

Annual fee—family day care service

Small service $218

Medium service $329

Large service $438

Extra-large service $438

10

Section 54(2)(c)

Application to amend service approval

Nil

11

Section 59(2)(c)

Notification of intended transfer of service approval

$116

12

Section 85(2)(c)

Application to voluntarily suspend service approval

Nil

13

Section 88(c)

Application for service waiver

$116

14

Section 95(c)

Application for temporary waiver

$116

15

Section 98(4)

Application to extend temporary waiver

$116

16

Section 139(2)(c)

Application for reassessment and re-rating

Small service $482

Medium service $725

Large service $967

Extra-large service $967

17

Section 141(4)(d)

Request for review by Regulatory Authority

Nil

18

Section 145(2)(c)

Application for further review by Ratings Review Panel

Small service $482

Medium service $725

Large service $967

Extra-large service $967

19

Section 152(3)(c)

Application for highest rating

Nil

20

Section 159(3)(c)

Re-application for highest rating

Nil

Table 2—Other prescribed fees

Col. 1

Col. 2

Col. 3

Col. 4

Item

Section of the Law

Description

Fee

1

Section 266(4)

Copy of or extract from register of approved providers

$5 per page or $75 for an electronic copy

2

Section 267(4)

Copy of or extract from register of approved education and care services

$5 per page or $75 for an electronic copy

sch 2: Subst 2017 (543), reg 133. Am 2017 (735), reg 18. Subst 2023 (165), reg 35.

Schedule 3Compliance directions—prescribed provisions

Regulation 188

Regulation

Description

Regulation 55(1)

Quality improvement plans

Regulation 72(1), (2)

Offences in relation to giving false or misleading statements about ratings

Regulation 74(1)

Documenting of child assessments or evaluations for delivery of educational program

Regulation 75

Information about educational program to be kept available

Regulation 76

Information about educational program to be given to parents

Regulation 77(1)

Health, hygiene and safe food practices

Regulation 78(1)

Food and beverages

Regulation 79(1)

Service providing food and beverages

Regulation 80(1)

Weekly menu

Regulation 82(1)

Tobacco, drug and alcohol-free environment

Regulation 83(1)

Nominated supervisors, staff members and volunteers not to be affected by alcohol or drugs

Regulation 84

Awareness of child protection law

Regulation 84(1)

Awareness of child protection law

Regulation 84A(1)

Reasonable steps to ensure that the needs for sleep and rest of children are met

Regulation 84C(1)

Risk assessment for the purposes of preparing sleep and rest policies and procedures

Regulation 84D(1)

Prohibition of bassinets

Regulation 89(1)

First aid kits

Regulation 91

Medical conditions policy to be provided to parents

Regulation 97(2), (2A), (3), (4)

Emergency and evacuation procedures

Regulation 98

Telephone or other communication equipment

Regulation 102AAC(1)

Risk assessment for the purposes of preparing safe arrival of children policies and procedures

Regulation 102B(1)

Transport risk assessment must be conducted before service transports child

Regulation 103(1)

Premises, furniture and equipment to be safe, clean and in good repair

Regulation 104(1)

Fencing

Regulation 105

Furniture, materials and equipment

Regulation 106(1), (2)

Laundry and hygiene facilities

Regulation 107(2)

Space requirements—indoor

Regulation 108(2)

Space requirements—outdoor

Regulation 110

Ventilation and natural light

Regulation 111

Administrative space

Regulation 112(3)

Nappy change facilities

Regulation 113

Outdoor space—natural environment

Regulation 114

Outdoor space—shade

Regulation 115

Premises designed to facilitate supervision

Regulation 116(1)

Assessments of family day care residences and approved family day care venues

Regulation 116A(1)

Inspection of swimming pools, water features and other potential water hazards at family day care residences and approved family day care venues

Regulation 116C

Compliance with fencing requirements for swimming pools at family day care residences and approved family day care venues

Regulation 117(1)

Glass

Regulation 118

Educational leader

Regulation 119

Family day care educator and educator assistant to be at least 18 years old

Regulation 120

Educators who are under 18 to be supervised

Regulation 136(1)

First aid qualifications

Regulation 156(1)

Relationships in groups

Regulation 157(1)

Access for parents

Regulation 163(1), (2)

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

Regulation 164

Requirement for notice of new persons at residence

Regulation 168(1)

Education and care service must have policies and procedures

Regulation 169(1)

Additional policies and procedures—family day care service

Regulation 170(1), (2)

Policies and procedures to be followed

Regulation 171(1), (2)

Policies and procedures to be kept available

Regulation 172(1)(b)

Notification of change to policies or procedures affecting ability of family to utilise service

Regulation 177(2), (3)

Prescribed enrolment and other documents to be kept by approved provider

Regulation 183

Storage of records and other documents

Regulation 185

Law and regulations to be available

sch 3: Am 2023 (165), reg 30; 2023 (399), reg 86; 2023 (448), Sch 1[3].

Historical notesTable of amending instruments

Education and Care Services National Regulations (2011-653). LW 13.12.2011. Date of commencement, 1.1.2012, reg 3. These Regulations have been amended as follows—

2013

(417)

Education and Care Services National Amendment Regulations 2013. LW 5.8.2013.

Date of commencement, 1.9.2013, reg 3.

2014

(260)

Education and Care Services National Amendment Regulations 2014. LW 16.5.2014.

Date of commencement, 1.6.2014, reg 3.

2015

(804)

Education and Care Services National Amendment Regulations 2015. LW 18.12.2015.

Date of commencement of reg 4, 1.3.2016, reg 3 (2); date of commencement of reg 5, on publication on LW, reg 3 (1).

2016

(810)

Education and Care Services National Amendment Regulations 2016. LW 23.12.2016.

Date of commencement, 23.12.2016, reg 3.

2017

(543)

Education and Care Services National Amendment Regulations 2017. LW 22.9.2017.

Date of commencement, 1.10.2017, reg 3.

(735)

Education and Care Services National Further Amendment Regulations 2017. LW 22.12.2017.

Date of commencement of regs 5, 6 and 16–18, 1.2.2018, reg 3 (2); date of commencement of regs 7–15, 31.12.2017, reg 3 (1).

2018

(246)

Education and Care Services National Amendment Regulations 2018. LW 8.6.2018.

Date of commencement, 1.7.2018, reg 3.

2019

(631)

Education and Care Services National Amendment Regulations 2019. LW 16.12.2019.

Date of commencement, except reg 17(3)–(5), 31.12.2019, reg 3(1); date of commencement of reg 17(3)–(5), 1.7.2020, reg 3(2).

2020

(486)

Education and Care Services National Amendment Regulations 2020. LW 17.8.2020.

Date of commencement, except regs 5, 7–10 and 12, 1.9.2020, reg 3(1); date of commencement of regs 5, 7–10 and 12, 1.10.2020, reg 3(2).

2021

(380)

Education and Care Services National Amendment Regulations 2021. LW 16.7.2021.

Date of commencement, except regs 5–9, 11–14 and 16–21, 30.7.2021, reg 3(1); date of commencement of regs 5–9, 1.10.2021, reg 3(2); date of commencement of regs 11–14 and 16–21, 30.12.2021, reg 3(3).

2023

(2)

Education and Care Services National Amendment Regulations 2022. LW 13.1.2023.

Date of commencement, 1.3.2023, reg 3.

(165)

Education and Care Services National Amendment Regulations 2023. LW 14.4.2023.

Date of commencement of Part 2, 1.7.2023, reg 3(2); date of commencement of Part 3, 17.4.2023, reg 3(1).

(399)

Education and Care Services National Further Amendment Regulations 2023. LW 21.7.2023.

Date of commencement, 1.10.2023, reg 3.

(448)

Education and Care Services National Amendment (Bassinets) Regulations 2023. LW 18.8.2023.

Date of commencement, 1.10.2023, reg 2.

2024

(143)

Education and Care Services National Amendment Regulations 2024. LW 10.5.2024.

Date of commencement, on publication on LW, reg 2.

(144)

Education and Care Services National Further Amendment Regulations 2024. LW 10.5.2024.

Date of commencement, on publication on LW, reg 2.

(658)

Education and Care Services National Amendment (Transitional Provisions) Regulations 2024. LW 13.12.2024.

Date of commencement of Sch 1[1] [4] and [5], on publication on LW, reg 2(b); date of commencement of Sch 1[2] and [3], 1.1.2025, reg 2(a).

2025

(273)

Education and Care Services National Amendment Regulations 2025. LW 16.6.2025.

Date of commencement of Part 2, 1.9.2025, reg 3(1).

Table of amendments

Reg 3

Am 2013 (417), reg 5.

Reg 4

Am 2013 (417), reg 6 (1)–(4); 2014 (260), reg 5 (a) (b); 2017 (543), reg 5; 2018 (246), reg 4; 2019 (631), reg 5; 2020 (486), reg 5(a) (b); 2023 (165), reg 5; 2023 (399), reg 5; 2024 (143), reg 5; 2025 (273), reg 5.

Reg 5

Am 2013 (417), reg 7; 2017 (543), reg 6; 2018 (246), reg 5; 2020 (486), reg 6.

Reg 9

Subst 2013 (417), reg 8.

Reg 9A

Ins 2024 (143), reg 6.

Reg 10

Am 2014 (260), reg 6 (a) (b); 2019 (631), reg 6.

Reg 11

Am 2019 (631), reg 7.

Reg 12

Am 2013 (417), reg 9 (1) (2); 2014 (260), reg 7. Subst 2017 (543), reg 7.

Reg 14

Am 2013 (417), reg 10 (1); 2014 (260), reg 8; 2017 (543), reg 8.

Reg 20

Am 2013 (417), reg 10 (2); 2014 (260), reg 9; 2017 (543), reg 9.

Reg 22

Am 2013 (417), reg 10 (3); 2014 (260), reg 10; 2017 (543), reg 10.

Reg 24

Am 2017 (543), reg 11; 2023 (2), reg 5.

Reg 25

Am 2013 (417), reg 11 (1) (2); 2017 (543), reg 12; 2023 (399), reg 6; 2024 (143), reg 7.

Reg 25A

Ins 2017 (543), reg 13. Am 2023 (399), reg 7.

Reg 26

Am 2017 (543), reg 14; 2023 (399), reg 8.

Reg 27

Am 2023 (399), reg 9.

Reg 32A

Ins 2017 (543), reg 15.

Reg 33

Am 2013 (417), reg 12; 2014 (260), reg 11. Subst 2023 (165), reg 31.

Reg 34

Am 2017 (543), reg 16; 2023 (399), reg 10.

Reg 35

Am 2017 (543), reg 17.

Reg 39

Am 2019 (631), reg 8.

Reg 41

Am 2017 (543), reg 18. Subst 2023 (399), reg 11.

Reg 42

Am 2023 (399), reg 12.

Reg 43

Am 2017 (543), reg 19.

Reg 44

Am 2017 (543), reg 20. Subst 2023 (399), reg 13.

Reg 45

Am 2023 (399), reg 14.

Part 2.3

Rep 2017 (543), reg 21. Ins 2024 (143), reg 8.

Part 2.3, Div 1

Rep 2017 (543), reg 21.

Reg 46

Am 2013 (417), reg 13 (1) (2); 2014 (260), reg 12. Rep 2017 (543), reg 21. Ins 2024 (143), reg 8.

Reg 47

Rep 2017 (543), reg 21. Ins 2024 (143), reg 8.

Reg 48

Rep 2017 (543), reg 21. Ins 2024 (143), reg 8.

Reg 49

Rep 2017 (543), reg 21. Ins 2024 (143), reg 8.

Reg 50

Am 2014 (260), reg 13. Rep 2017 (543), reg 21. Ins 2024 (143), reg 8.

Part 2.3, Divs 2–4 (regs 51–54)

Rep 2017 (543), reg 21.

Reg 55

Am 2014 (260), reg 14 (1) (2).

Reg 59

Am 2017 (735), reg 5.

Reg 63

Am 2013 (417), reg 14.

Reg 70A

Ins 2017 (735), reg 6.

Reg 72

Am 2023 (399), reg 15.

Chapter 4, Guide

Subst 2017 (543), reg 21. Am 2023 (399), reg 16.

Part 4.1AA

Ins 2017 (543), reg 22.

Reg 72A

Ins 2017 (543), reg 22. Am 2023 (399), reg 17.

Reg 77

Am 2017 (543), reg 23; 2023 (399), reg 18.

Reg 78

Am 2017 (543), reg 24; 2023 (399), reg 19.

Reg 79

Am 2017 (543), reg 25; 2023 (399), reg 20.

Reg 80

Am 2017 (543), reg 26; 2023 (399), reg 21.

Reg 81

Am 2017 (543), reg 27. Rep 2023 (399), reg 22.

Reg 82

Am 2023 (399), reg 23; 2025 (273), reg 6.

Reg 83

Am 2017 (543), reg 28; 2023 (399), reg 24.

Reg 84

Am 2017 (543), reg 29; 2023 (399), reg 25.

Part 4.2, Div 1A

Ins 2023 (399), reg 26.

Reg 84A

Ins 2023 (399), reg 26.

Reg 84B

Ins 2023 (399), reg 26.

Reg 84C

Ins 2023 (399), reg 26.

Reg 84D

Ins 2023 (448), Sch 1[1].

Reg 86

Am 2023 (399), reg 27.

Reg 88

Am 2023 (399), reg 28.

Reg 89

Am 2023 (399), reg 29.

Reg 90

Am 2017 (543), reg 30.

Reg 93

Am 2017 (543), reg 31; 2023 (399), reg 30.

Reg 94

Am 2017 (543), reg 32.

Reg 97

Am 2013 (417), reg 15; 2023 (399), reg 31.

Reg 98

Am 2017 (543), reg 33; 2023 (399), reg 32.

Reg 99

Am 2013 (417), reg 16; 2017 (543), reg 34; 2021 (380), reg 5; 2023 (399), reg 33.

Reg 100

Am 2017 (543), reg 35; 2020 (486), reg 7; 2023 (399), reg 34.

Reg 101

Am 2020 (486), reg 8.

Reg 102

Am 2017 (543), reg 36; 2020 (486), reg 9(a) (b); 2021 (380), reg 6; 2023 (399), reg 35.

Part 4.2, Div 6A

Ins 2023 (399), reg 36.

Reg 102AA

Ins 2023 (399), reg 36.

Reg 102AAB

Ins 2023 (399), reg 36.

Reg 102AAC

Ins 2023 (399), reg 36.

Part 4.2, Div 7

Ins 2020 (486), reg 10.

Reg 102A

Ins 2020 (486), reg 10.

Reg 102B

Ins 2020 (486), reg 10. Am 2023 (399), reg 37.

Reg 102C

Ins 2020 (486), reg 10.

Reg 102D

Ins 2020 (486), reg 10. Am 2021 (380), reg 7; 2023 (399), reg 38.

Reg 102E

Ins 2023 (2), reg 6. Am 2023 (399), reg 39.

Reg 102F

Ins 2023 (2), reg 6. Am 2023 (399), reg 40.

Reg 103

Am 2023 (399), reg 41.

Reg 104

Am 2014 (260), reg 15; 2023 (399), reg 42.

Reg 107

Am 2013 (417), reg 17 (1); 2023 (399), reg 43.

Reg 108

Am 2013 (417), reg 17 (2); 2023 (399), reg 44; 2024 (143), reg 15.

Reg 110

Am 2023 (399), reg 45.

Reg 112

Am 2023 (399), reg 46.

Reg 114

Am 2023 (399), reg 47.

Reg 116

Am 2017 (543), reg 37; 2023 (399), reg 48.

Reg 116A

Ins 2023 (399), reg 49.

Reg 116B

Ins 2023 (399), reg 49.

Reg 116C

Ins 2023 (399), reg 49.

Reg 117

Am 2014 (260), reg 16; 2023 (399), reg 50.

Part 4.3A (regs 117A–117C)

Ins 2017 (543), reg 38.

Reg 119

Am 2023 (399), reg 51.

Reg 120

Am 2023 (399), reg 52.

Part 4.4, Div 3, heading

Am 2017 (543), reg 39.

Reg 122

Am 2019 (631), reg 9.

Reg 123

Am 2013 (417), reg 18; 2014 (260), reg 17; 2017 (543), reg 40; 2019 (631), reg 10.

Reg 123A

Ins 2017 (543), reg 41. Subst 2023 (165), reg 6.

Reg 125

Am 2017 (543), reg 42.

Reg 126

Am 2014 (260), reg 18 (1) (2); 2019 (631), reg 11; 2020 (486), reg 11; 2023 (165), reg 7.

Reg 126A

Ins 2023 (165), reg 8.

Reg 127

Am 2023 (165), reg 9.

Reg 128

Am 2023 (165), reg 10.

Reg 129

Am 2013 (417), reg 19 (1).

Reg 131

Am 2013 (417), reg 19 (2).

Reg 133

Am 2019 (631), reg 12.

Reg 134

Am 2019 (631), reg 13.

Reg 135

Am 2017 (543), reg 43. Subst 2019 (631), reg 14. Am 2023 (165), reg 11.

Reg 136

Am 2014 (260), reg 19; 2017 (543), reg 44; 2023 (399), reg 53.

Reg 137

Am 2014 (260), reg 20.

Reg 138

Am 2023 (165), reg 32.

Reg 139

Am 2013 (417), reg 20 (1); 2023 (165), reg 33.

Reg 140

Am 2013 (417), reg 20 (2).

Reg 141

Am 2013 (417), reg 20 (3)–(5); 2014 (260), reg 21.

Reg 143

Am 2013 (417), reg 20 (6).

Part 4.4, Div 7A

Ins 2017 (543), reg 45.

Reg 143A

Ins 2017 (543), reg 45. Am 2023 (399), reg 54.

Reg 143B

Ins 2017 (543), reg 45. Am 2023 (399), reg 55.

Reg 144

Subst 2017 (543), reg 46. Am 2023 (399), reg 56.

Reg 146

Am 2013 (417), reg 21 (1); 2014 (260), reg 22; 2017 (543), reg 47; 2018 (246), reg 6.

Reg 147

Am 2013 (417), reg 21 (2); 2014 (260), reg 23; 2017 (543), reg 48; 2018 (246), reg 7.

Reg 149

Am 2023 (399), reg 57.

Reg 152

Am 2019 (631), reg 15.

Reg 152A

Ins 2023 (165), reg 12.

Reg 152B

Ins 2023 (165), reg 12.

Part 4.4, Div 10, heading

Am 2017 (543), reg 49.

Reg 153

Am 2017 (543), reg 50; 2017 (735), reg 7 (1)–(4); 2023 (399), reg 58.

Reg 154

Am 2017 (543), reg 51; 2017 (735), reg 8.

Reg 157

Am 2014 (260), reg 24; 2017 (543), reg 52; 2023 (399), reg 59.

Part 4.7, heading

Subst 2018 (246), reg 8.

Reg 158

Am 2017 (543), reg 53.

Reg 160

Am 2021 (380), reg 8.

Reg 161

Am 2017 (543), reg 54; 2021 (380), reg 9(1) (2).

Reg 162

Am 2014 (260), reg 25 (a) (b); 2015 (804), reg 4 (1) (2); 2017 (543), reg 55.

Reg 163

Am 2013 (417), reg 21 (3) (4); 2014 (260), reg 26; 2017 (543), reg 56; 2017 (735), reg 9; 2023 (399), reg 60.

Reg 164

Am 2017 (543), reg 57; 2023 (399), reg 61.

Reg 166

Am 2023 (399), reg 62.

Reg 168

Am 2017 (543), reg 58; 2020 (486), reg 12; 2023 (399), reg 63; 2025 (273), reg 7.

Reg 169

Am 2017 (735), reg 10; 2023 (399), reg 64.

Reg 170

Am 2017 (543), reg 59; 2023 (399), reg 65.

Reg 171

Am 2017 (543), reg 60; 2023 (399), reg 66.

Reg 173

Am 2017 (543), reg 61; 2021 (380), reg 10; 2023 (399), reg 67. Am 2024 (143), reg 9.

Reg 173A

Ins 2023 (399), reg 68. Am 2024 (143), reg 10.

Reg 174

Am 2017 (543), reg 62.

Reg 174A

Ins 2017 (543), reg 63.

Reg 175

Am 2013 (417), reg 22 (1); 2017 (543), reg 64; 2023 (2), reg 7; 2023 (399), reg 69.

Reg 176

Am 2013 (417), reg 22 (2); 2025 (273), reg 8.

Reg 176A

Ins 2017 (543), reg 65. Subst 2023 (399), reg 70.

Reg 177

Am 2014 (260), reg 27; 2017 (543), reg 66; 2023 (2), reg 8; 2023 (399), reg 71.

Reg 178

Am 2023 (399), reg 72.

Reg 181

Am 2023 (399), reg 73.

Reg 182

Am 2017 (543), reg 67; 2023 (399), reg 74.

Reg 183

Am 2017 (543), reg 68.

Reg 185

Am 2017 (543), reg 69.

Reg 186

Am 2017 (543), reg 70.

Reg 187

Am 2023 (399), reg 75.

Reg 190

Am 2023 (448), Sch 1[2].

Reg 191

Am 2023 (399), reg 76.

Reg 205

Am 2023 (399), reg 77.

Reg 208

Am 2013 (417), reg 23; 2017 (543), reg 71.

Reg 209

Am 2023 (399), reg 78.

Reg 216

Am 2017 (543), reg 72.

Reg 219

Am 2017 (543), reg 73.

Reg 227

Am 2017 (543), reg 74.

Reg 231

Am 2014 (260), reg 28. Rep 2017 (543), reg 75.

Part 6.3

Subst 2023 (165), reg 34.

Part 6.3, Div 1

Ins 2023 (165), reg 34.

Reg 232

Subst 2023 (165), reg 34.

Reg 233

Subst 2023 (165), reg 34.

Reg 234

Subst 2023 (165), reg 34.

Reg 235

Am 2019 (631), reg 16. Subst 2023 (165), reg 34.

Reg 236

Subst 2023 (165), reg 34.

Reg 236A

Ins 2023 (165), reg 34.

Part 6.3, Div 2

Ins 2023 (165), reg 34.

Reg 236B

Ins 2023 (165), reg 34.

Part 6.3, Div 3

Ins 2023 (165), reg 34.

Reg 236C

Ins 2023 (165), reg 34.

Reg 236D

Ins 2023 (165), reg 34. Am 2024 (143), reg 11.

Reg 236E

Ins 2023 (165), reg 34.

Reg 236F

Ins 2023 (165), reg 34.

Reg 236G

Ins 2023 (165), reg 34.

Reg 236H

Ins 2023 (165), reg 34.

Reg 236I

Ins 2023 (165), reg 34.

Reg 236J

Ins 2023 (165), reg 34.

Reg 236JA

Ins 2024 (143), reg 12.

Reg 236JB

Ins 2024 (143), reg 12.

Reg 236JC

Ins 2024 (143), reg 12.

Reg 236JD

Ins 2024 (143), reg 12.

Reg 236K

Ins 2023 (165), reg 34.

Reg 236L

Ins 2023 (165), reg 34. Am 2024 (143), reg 13.

Reg 236M

Ins 2023 (165), reg 34.

Reg 236N

Ins 2023 (165), reg 34. Am 2024 (143), reg 14.

Reg 236O

Ins 2023 (165), reg 34. Am 2023 (399), reg 79.

Reg 236P

Ins 2023 (165), reg 34.

Chapter 7, Guide

Subst 2017 (543), reg 131.

Part 7.1, Div 1

Rep 2017 (543), reg 76.

Reg 238

Am 2013 (417), reg 24. Rep 2017 (543), reg 76.

Part 7.1, Div 1A

Ins 2014 (260), reg 29. Rep 2017 (543), reg 76.

Reg 238A

Ins 2014 (260), reg 29. Am 2016 (810), reg 4. Rep 2017 (543), reg 76.

Reg 239A

Ins 2014 (260), reg 30. Am 2017 (735), reg 11; 2019 (631), reg 17; 2021 (380), reg 11; 2023 (165), reg 13; 2024 (658), Sch 1[1] [2].

Reg 240

Am 2014 (260), reg 31; 2017 (735), reg 12; 2018 (246), reg 9; 2019 (631), reg 18; 2021 (380), reg 12; 2023 (165), reg 14. Rep 2024 (658), Sch 1[3].

Reg 241

Am 2013 (417), reg 25; 2014 (260), reg 32.

Reg 242

Am 2013 (417), reg 26; 2014 (260), reg 33; 2017 (735), reg 13; 2019 (631), reg 19; 2021 (380), reg 13; 2023 (165), reg 15; 2024 (658), Sch 1[4].

Reg 243

Am 2014 (260), reg 34.

Reg 243A

Ins 2013 (417), reg 27.

Reg 244

Am 2014 (260), reg 35.

Reg 245

Am 2013 (417), reg 28. Rep 2017 (543), reg 77.

Reg 246

Am 2013 (417), reg 29. Rep 2017 (543), reg 77.

Reg 247

Am 2013 (417), reg 30. Rep 2017 (543), reg 77.

Reg 249

Am 2017 (543), reg 78.

Reg 254

Am 2017 (543), reg 79; 2023 (165), reg 16.

Reg 256

Am 2014 (260), reg 36; 2023 (399), reg 80.

Reg 257

Am 2023 (399), reg 81.

Part 7.2, Div 1A

Ins 2024 (143), reg 16.

Reg 259A

Ins 2024 (143), reg 16.

Reg 260

Subst 2017 (543), reg 80.

Reg 263

Rep 2017 (543), reg 81.

Reg 264

Subst 2014 (260), reg 37. Am 2015 (804), reg 5; 2017 (735), reg 14; 2019 (631), reg 20; 2021 (380), reg 14; 2023 (165), reg 17; 2024 (658), Sch 1[5].

Reg 265

Subst 2014 (260), reg 37. Am 2019 (631), reg 21.

Reg 266

Rep 2017 (543), reg 82.

Reg 267

Am 2017 (543), reg 83.

Part 7.2, Div 3, Subdiv 2 (regs 268, 269)

Rep 2017 (543), reg 84.

Part 7.2, Div 3, Subdiv 3 (reg 269A)

Ins 2013 (417), reg 31. Rep 2017 (543), reg 84.

Reg 272

Am 2014 (260), reg 38; 2019 (631), reg 22; 2023 (165), reg 18.

Reg 273

Rep 2017 (543), reg 86.

Reg 274

Am 2023 (399), reg 82.

Reg 274A

Ins 2017 (543), reg 85.

Regs 275–277, 279

Rep 2017 (543), reg 86.

Part 7.3, Div 4, Subdiv 2 (regs 280, 281)

Rep 2017 (543), reg 87.

Part 7.3, Div 5 (regs 282–284)

Rep 2017 (543), reg 88.

Reg 287

Am 2017 (543), reg 89.

Part 7.4, Div 2, heading

Subst 2017 (543), reg 90.

Reg 289

Rep 2017 (543), reg 91.

Reg 289A

Ins 2017 (543), reg 92.

Regs 291–293

Rep 2017 (543), reg 93.

Reg 294

Am 2017 (543), reg 94.

Part 7.4, Div 3, Subdiv 2 (regs 295, 296)

Rep 2017 (543), reg 95.

Part 7.5, Div 2, heading

Subst 2017 (543), reg 96.

Reg 298

Rep 2017 (543), reg 97.

Reg 298A

Ins 2017 (543), reg 98.

Reg 299

Am 2013 (417), reg 32; 2019 (631), reg 23.

Part 7.5, Div 2A

Ins 2017 (543), reg 99.

Part 7.5, Div 2A, Subdivs 1, 2 (regs 299A–299E)

Ins 2017 (543), reg 99.

Part 7.5, Div 2A, Subdiv 3

Ins 2017 (543), reg 99.

Reg 299F

Ins 2017 (543), reg 99. Am 2019 (631), reg 24.

Reg 299G

Ins 2017 (543), reg 99. Am 2019 (631), reg 25.

Reg 299H

Ins 2017 (543), reg 99. Am 2019 (631), reg 26.

Reg 299I

Ins 2017 (543), reg 99. Am 2019 (631), reg 27.

Reg 300

Am 2017 (735), reg 15.

Reg 301

Am 2013 (417), reg 33 (1). Rep 2019 (631), reg 28.

Regs 302, 303

Rep 2017 (543), reg 100.

Reg 304

Am 2017 (543), reg 101.

Part 7.5, Div 3, Subdiv 2

Rep 2017 (543), reg 102.

Reg 305

Am 2013 (417), reg 34. Rep 2017 (543), reg 102.

Regs 306, 307

Rep 2017 (543), reg 102.

Part 7.5, Div 4

Rep 2017 (543), reg 103.

Part 7.5, Div 4, Subdiv 1 (reg 308)

Rep 2017 (543), reg 103.

Part 7.5, Div 4, Subdiv 2

Rep 2017 (543), reg 103.

Reg 309

Rep 2017 (543), reg 103.

Reg 310

Am 2013 (417), reg 33 (2). Rep 2017 (543), reg 103.

Regs 311, 312

Rep 2017 (543), reg 103.

Part 7.5, Div 4, Subdiv 3

Rep 2017 (543), reg 103.

Reg 313

Rep 2014 (260), reg 39. Rep 2017 (543), reg 103.

Reg 314

Am 2014 (260), reg 40. Rep 2017 (543), reg 103.

Reg 315

Am 2014 (260), reg 41. Rep 2017 (543), reg 103.

Reg 316

Am 2014 (260), reg 42. Rep 2017 (543), reg 103.

Reg 317

Am 2014 (260), reg 43. Rep 2017 (543), reg 103.

Part 7.6, Div 2, heading

Subst 2017 (543), reg 104.

Reg 320

Rep 2017 (543), reg 105.

Reg 321

Subst 2024 (144), reg 5.

Regs 322, 323

Rep 2020 (486), reg 13.

Reg 324

Am 2013 (417), reg 35; 2017 (543), reg 106; 2019 (631), reg 29; 2023 (165), reg 19.

Reg 325

Rep 2023 (165), reg 20.

Part 7.6, Div 3A (reg 325A)

Ins 2014 (260), reg 44.

Part 7.6, Div 3B

Ins 2023 (165), reg 21.

Reg 325B

Ins 2023 (165), reg 21.

Regs 326–331

Rep 2017 (543), reg 107.

Reg 332

Am 2013 (417), reg 36 (1) (2); 2017 (543), reg 108.

Reg 333

Am 2017 (543), reg 109.

Reg 333A

Ins 2021 (380), reg 15. Rep 2023 (165), reg 22.

Reg 336

Rep 2017 (543), reg 110.

Reg 337

Am 2013 (417), reg 37; 2017 (543), reg 111.

Reg 338

Am 2017 (543), reg 112.

Reg 339

Am 2017 (543), reg 113.

Reg 341

Rep 2017 (543), reg 114.

Reg 342A

Ins 2017 (543), reg 115.

Reg 344

Am 2014 (260), reg 45 (1) (2); 2017 (543), reg 116; 2023 (399), reg 83.

Part 7.7, Div 3A

Ins 2023 (165), reg 23.

Reg 345A

Ins 2023 (165), reg 23.

Reg 346

Am 2013 (417), reg 38 (1)–(3). Rep 2019 (631), reg 30.

Regs 347, 348

Rep 2017 (543), reg 117.

Reg 349

Am 2017 (543), reg 118.

Part 7.7, Div 4, Subdiv 2

Rep 2017 (543), reg 119.

Reg 350

Am 2013 (417), reg 39 (1). Rep 2017 (543), reg 119.

Regs 351, 352

Rep 2017 (543), reg 119.

Reg 353

Rep 2023 (399), reg 84.

Reg 355

Rep 2017 (543), reg 120.

Reg 358

Am 2017 (543), reg 121; 2019 (631), reg 31.

Reg 359

Am 2017 (543), reg 122.

Part 7.8, Div 3A

Ins 2023 (165), reg 24.

Reg 359A

Ins 2023 (165), reg 24.

Regs 360–362

Rep 2017 (543), reg 123.

Reg 363

Am 2017 (543), reg 124.

Reg 365

Rep 2017 (543), reg 123.

Reg 368

Am 2013 (417), reg 40; 2014 (260), reg 46 (a) (b); 2017 (543), reg 125.

Reg 369

Am 2017 (543), reg 126.

Reg 371

Rep 2017 (543), reg 127.

Reg 373

Am 2019 (631), reg 32.

Part 7.9, Div 3A

Ins 2023 (165), reg 25.

Reg 373A

Ins 2023 (165), reg 25.

Reg 374

Am 2013 (417), reg 41. Rep 2017 (543), reg 128.

Regs 375–378

Rep 2017 (543), reg 128.

Reg 379

Am 2017 (543), reg 129.

Regs 380–382

Rep 2017 (543), reg 130.

Reg 383

Am 2017 (543), reg 131.

Part 7.10

Ins 2017 (543), reg 132.

Part 7.10, Div 1

Ins 2017 (543), reg 132.

Reg 384

Ins 2017 (543), reg 132. Rep 2019 (631), reg 33.

Part 7.10, Div 2

Ins 2017 (543), reg 132.

Reg 385

Ins 2017 (543), reg 132. Rep 2023 (165), reg 26.

Reg 386

Ins 2017 (543), reg 132. Am 2021 (380), reg 16. Rep 2023 (165), reg 26.

Part 7.10, Div 3

Ins 2017 (543), reg 132.

Reg 387

Ins 2017 (543), reg 132.

Reg 388

Ins 2017 (543), reg 132.

Part 7.10, Div 4

Ins 2017 (543), reg 132.

Reg 389

Ins 2017 (543), reg 132. Rep 2023 (165), reg 27.

Reg 390

Ins 2017 (543), reg 132. Rep 2023 (165), reg 27.

Part 7.10, Div 5

Ins 2017 (543), reg 132.

Reg 391

Ins 2017 (543), reg 132. Rep 2023 (165), reg 27.

Reg 392

Ins 2017 (543), reg 132. Am 2021 (380), reg 17. Rep 2023 (165), reg 27.

Part 7.10, Div 6

Ins 2017 (543), reg 132.

Reg 393

Ins 2017 (543), reg 132. Rep 2023 (165), reg 27.

Reg 394

Ins 2017 (543), reg 132. Am 2021 (380), reg 18. Rep 2023 (165), reg 27.

Part 7.11 (regs 395–403)

Ins 2017 (735), reg 16.

Part 7.12

Ins 2019 (631), reg 34.

Part 7.12, Div 1

Ins 2019 (631), reg 34.

Reg 404

Ins 2019 (631), reg 34. Rep 2023 (165), reg 28.

Reg 405

Ins 2019 (631), reg 34. Am 2021 (380), reg 19. Rep 2023 (165), reg 28.

Part 7.12, Div 2

Ins 2019 (631), reg 34.

Reg 406

Ins 2019 (631), reg 34. Rep 2023 (165), reg 28.

Reg 407

Ins 2019 (631), reg 34. Rep 2023 (165), reg 28.

Part 7.12, Div 3

Ins 2019 (631), reg 34.

Reg 408

Ins 2019 (631), reg 34. Rep 2023 (165), reg 28.

Reg 409

Ins 2019 (631), reg 34. Am 2021 (380), reg 20. Rep 2023 (165), reg 28.

Part 7.12, Div 4

Ins 2019 (631), reg 34.

Reg 410

Ins 2019 (631), reg 34. Rep 2023 (165), reg 28.

Reg 411

Ins 2019 (631), reg 34. Am 2021 (380), reg 21. Rep 2023 (165), reg 28.

Part 7.13, Divs 1, 2 (regs 412–414

Ins 2021 (380), reg 22.

Part 7.14

Ins 2023 (165), reg 29.

Part 7.14, Div 1

Ins 2023 (165), reg 29.

Reg 415

Ins 2023 (165), reg 29.

Part 7.15

Ins 2023 (399), reg 85.

Reg 416

Ins 2023 (399), reg 85.

Sch 1

Subst 2017 (735), reg 17.

Sch 2

Subst 2017 (543), reg 133. Am 2017 (735), reg 18. Subst 2023 (165), reg 35.

Sch 3

Am 2023 (165), reg 30; 2023 (399), reg 86; 2023 (448), Sch 1[3].

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