Education and Care Services National Regulations (NSW) (NSW)
The Education and Care Services National Regulations is applied (with modifications) as a law of NSW by the NSW Children (Education and Care Services) NSW Regulation 2025. This version is the regulations as they apply in NSW.
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.
These Regulations may be cited as the Education and Care Services National Regulations (NSW).
These Regulations are made under sections 301 and 324 of the Education and Care Services National Law.
These Regulations commence on 1 January 2012.
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.
In these Regulations—
(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;
(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;
(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;
(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;
(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;
(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;
(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;
(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);
Flood.
Fire.
A situation that requires the education and care service premises to be locked down.
(a) an outing organised by an education and care service provided on a school site if—
(i) the child or children leave the education and care service premises in the company of an educator; and
(ii) the child or children do not leave the school site;
(b) the mere provision of the same education and care services at different education and care service premises;
(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;
(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;
(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;
(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;
The scheme commencement day for Western Australia was 1 August 2012—see the definition of
(a) the nature, extent and levels of contamination; and
(b) the actual or potential risk to human health resulting from that contamination;
(a) the ground level;
(b) a level of a split level;
(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;
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.
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.
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.
Guides to Chapters do not form part of these Regulations.
For the purposes of paragraph (g) of the definition of
(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.
For the purposes of paragraph (h) of the definition of
(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.
For the purposes of the definition of
For the purposes of paragraph (d) of the definition of
For the purposes of the definition of
For the purposes of paragraph (e) of the definition of
(a) the Catholic Education Commission of Western Australia;
(b) a body politic.
For the purposes of the definition of
(a) regulation 109(b);
(b) regulation 110(a) and (b);
(c) regulation 112(4);
(d) regulation 115.
For the purposes of these Regulations, an educator is
(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.
For the purposes of these Regulations, an early childhood teacher or a suitably qualified person is
(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.
For the purposes of the definition of
(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; or
(iv) appears to have been involved in a sexual offence or sexual misconduct, within the meaning of the Children’s Guardian Act 2019, Part 4.
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.
This Chapter sets out requirements for obtaining provider approvals and 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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) a soil assessment for the site of the proposed education and care service premises;
(da) any soil assessments for the site of the proposed education and care service premises that have previously been undertaken;
(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, 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.
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.
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.
A service approval cannot be amended to change the location of a centre-based service—see section 54(8) of the Law.
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.
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).
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.
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.
The Education and Care Services National Regulations 2012 of Western Australia do not include regulation 25A.
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.
An assessment referred to in subregulation (1)(n)(iii) must consider the matters set out in regulation 116(2).
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.
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.
See section 47(1)(g) of the Law.
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.
See section 49(2) of the Law.
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.
See section 51(4) of the Law.
See regulation 180 for the requirement to keep evidence of prescribed 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.
See section 51(5) of the Law.
See regulation 180 for the requirement to keep evidence of prescribed insurance.
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.
See section 51(5) of the Law.
See regulations 55 and 56, which set out requirements for quality improvement plans.
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.
See section 51(5) of the Law.
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.
See section 51(5) of the Law.
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.
Divisions 2 and 3 of Part 6.3 provide for the calculation of prescribed annual fees.
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.
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.
An assessment referred to in subregulation (1)(f)(iii) must consider the matters set out in regulation 116(2).
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.
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.
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.
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.
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.
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.
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.
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, other than regulation 115, 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).
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.
See section 88 of the Law.
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.
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.
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).
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.
See section 95 of the Law.
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.
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.
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.
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.
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.
(Repealed)
This Chapter outlines the assessment and ratings process for an education and care service and applies to all education and care services.
• 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.
• 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.
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.
The approved provider must submit the quality improvement plan to the Regulatory Authority on request.
A compliance direction may be issued for failure to comply with subregulation (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.
The approved provider must submit the current quality improvement plan to the Regulatory Authority on request.
See regulation 31 for the conditions on the service approval requiring the current quality improvement plan to be kept available.
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.
For the purposes of section 133(2) of the Law, the prescribed provisional rating is Provisional—Not Yet Assessed under the National Quality Framework.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
(iii) the relevant Commonwealth Department or a person acting for the relevant Commonwealth Department;
(b) any information available to the Regulatory Authority about any steps taken by the approved education and care service to rectify any matters identified during the rating assessment;
(c) information relating to any other quality assurance or registration process under an education law applicable to the approved education and care service;
(d) in the case of an education and care service that provides education and care to children in the year that is 2 years before grade 1 of school, whether the service facilitates access to a preschool program as set out in regulation 62(2).
This regulation does not apply to a reassessment of an education and care service or an aspect or element of an education and care service under section 138 or 139 of the Law.
See Division 2 of this Part.
In determining a rating level under section 135 of the Law, the matters the Regulatory Authority may have regard to include the following—
(a) any matters that may be considered under regulation 63; and
(b) in the case of a reassessment and re-rating on application under section 139 of the Law, any information included in that application.
On being granted a service approval, an education and care service is rated as Provisional—Not Yet Assessed under the National Quality Framework.
See section 133(2) of the Law.
An application under section 139 of the Law for a reassessment and re-rating of an approved 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 nature of the reassessment sought, including whether—
(i) the application is for reassessment of the service; or
(ii) the application is for reassessment of one or more aspects or elements of the service;
(e) if the application is for reassessment of an aspect or element of the service, the particular aspects or elements and quality areas in the National Quality Standard for which reassessment is sought;
The approved provider of a family day care service must read and consider, or ensure that a nominated supervisor or the person in day-to-day charge of the service has read and considered, a person’s criminal history record check before engaging or registering the person as a family day care educator.
This regulation applies in place of regulation 74(1)(b).
The approved provider of the education and care service must ensure that, for the purposes of the educational program for a child over preschool age, evidence about the development of the program is documented.
(Repealed)
This regulation applies to a centre-based service that provides education and care to 60 or more children.
(Repealed)
The requirements in regulations 133(1)(b) and 134(1)(b) do not apply to the service before 1 January 2020.
Regulation 126(1)(b) does not apply in relation to an educator in a centre-based service who—
(a) had been employed—
(i) full-time and continuously as a staff member at a licensed children’s service or outside school hours care service for a period of at least 5 years immediately preceding 25 May 2009; or
(ii) at least part-time and continuously as a staff member at a licensed children’s service or outside school hours care service for a period of at least 10 years immediately preceding 25 May 2009; and
(b) before the scheme commencement day completed a professional development course approved by the Secretary under the Children’s Services Regulations 2009 of Victoria.
(Repealed)
Regulation 127 does not apply in relation to a family day care educator who—
(a) had been employed—
(i) full-time and continuously as a family day carer as part of a family day care service for a period of at least 5 years immediately preceding 25 May 2009; or
(ii) at least part-time and continuously as a family day carer as part of a family day care service for a period of at least 10 years immediately preceding 25 May 2009; and
(b) before the scheme commencement day, had completed a professional development course approved by the Secretary under the Children’s Services Regulations 2009 of Victoria.
This Part applies to Western Australia.
In this Part—
The Education and Care Services National Regulations 2012 of Western Australia include the following regulation 368A—
For Western Australia, an education and care service is entitled to be given an Exceeding National Quality Standard for the educational program and practice quality area if—
(a) the service has a documented arrangement for a kindergarten programme to be provided by a school for children who are educated and cared for by the service; and
(b) if the arrangement is generally available to children educated and cared for by the service, the service informs parents of the arrangement.
This regulation is in addition to regulation 62(2).”.
This regulation applies in place of regulation 123(1)(d).
The educator to child ratios for children over preschool age are set out in column 3 of the following Table.
Age group | Number of children | Number of educators | Number of qualified educators |
Over preschool age (no preschool child attending session) | 1–10 children | 1 | 1 |
11–26 children | 2 | 1 | |
27–39 children | 3 | 1 | |
40–52 children | 4 | 2 | |
53–65 children | 5 | 2 | |
66–78 children | 6 | 2 | |
79–91 children | 7 | 3 | |
92–104 children | 8 | 3 | |
105–117 children | 9 | 3 | |
118–130 children | 10 | 4 | |
131–143 children | 11 | 4 | |
Over preschool age (at least one preschool child attending session) | 1–10 children | 1 | 1 |
11–20 children | 2 | 1 | |
21–30 children | 3 | 1 | |
31–40 children | 4 | 2 | |
41–50 children | 5 | 2 | |
51–60 children | 6 | 2 | |
61–70 children | 7 | 3 | |
71–80 children | 8 | 3 | |
81–90 children | 9 | 3 | |
91–100 children | 10 | 4 | |
101–110 children | 11 | 4 |
This regulation sets out the qualification requirement for educators at a centre-based service educating and caring for children over pre-school age for the purposes of regulation 126(2).
The number of educators at the service who are required to be qualified educators is the relevant number set out in column 4 of the Table to regulation 369 in relation to the service.
In subregulation (2)—
(Repealed)
This regulation applies in place of regulation 123(1)(c) on and after 1 January 2016 to a pre-kindergarten programme or kindergarten programme provided by a school.
The educator to child ratio is 1 educator to 10 children.
Despite subregulation (2), the educator to child ratio may be increased to 1 educator to 11 children—
(a) in exceptional circumstances; or
(b) for a period not exceeding one year.
This regulation applies in place of regulations 130 to 134 in relation to a pre-kindergarten programme or kindergarten programme provided by a school.
One early childhood teacher is required for every 30 children being educated and cared for by the programme.
Despite subregulation (2), the requirement for an early childhood teacher may be 1 early childhood teacher to a maximum of 33 children—
(a) in exceptional circumstances; or
(b) for a period not exceeding one year.
An early childhood teacher, or a suitably qualified person if regulation 133 or 134 would otherwise apply, must be in attendance at all times that children are being educated and cared for by the programme.
This regulation applies in place of regulation 74(1)(b).
The approved provider of the education and care service must ensure that, for the purposes of the educational program for a child over preschool age, evidence about the development of the program is documented.
(Repealed)
(Repealed)
Regulations 133(1)(b) and 134(1)(b) do not apply to a centre-based service until 1 January 2020.
This regulation does not apply to a pre-kindergarten programme or kindergarten programme provided by a school.
(Repealed)
Subject to subregulation (4), this regulation applies to a declared approved service or a declared out of scope service that is a pre-kindergarten programme or kindergarten programme that was operating immediately before the scheme commencement day.
Regulations 107, 108 and 115 do not apply to the service.
For the purpose of a rating assessment under Part 5 of the Law, the service is taken to comply with regulations 107, 108 and 115.
This regulation ceases to apply if—
(a) the service approval is transferred to an approved provider that is not a school; or
(b) the service ceases to be provided by a school on a school site.
See also Division 7 of Part 7.1.
The Education and Care Services National Regulations 2012 of Western Australia include the following regulations 384 and 385—
If, immediately before the scheme commencement day, a declared approved provider has not paid a monetary order made under, or in relation to proceedings commenced under an allegation made in respect of that person under, section 29 of the Child Care Services Act 2007 of Western Australia then, on and after the scheme commencement day, the order is taken to be a monetary order referred to in sections 25(1)(g)(i) and 70(1)(i) of the Law as applying in Western Australia.
In subregulation (1)—
The Regulatory Authority may commence or continue proceedings under section 29 of the Child Care Services Act 2007 of Western Australia in relation to a person who held a licence under that Act in relation to a service that is taken to be an education and care service.”.
(Repealed)
(Repealed)
This Division applies to New South Wales.
Regulation 123(1)(d) applies on and after 1 October 2018.
(Repealed)
(Repealed)
(Repealed)
In this Part—
For the purposes of this Part, an assessment or a reassessment and re-rating is finalised when the National Authority publishes the rating level for the service under section 160 of the Law.
A quality improvement plan that, immediately before the commencement day, was a current quality improvement plan for an approved education and care service continues, on and after the commencement day, to be a current quality improvement plan for the service for the purposes of these Regulations until the earlier of the following—
(a) the approved provider for the service next reviews and revises the plan under regulation 56(1)(a);
(b) the approved provider for the service reviews and revises the plan at the direction of the Regulatory Authority under regulation 56(1)(b).
If, immediately before the commencement day, the Regulatory Authority had commenced but not finalised an assessment of an education and care service under section 133(1) of the Law, the Regulatory Authority must, on and after the commencement day, continue to conduct the assessment against the National Quality Standard as in force immediately before the commencement day.
This regulation applies to an approved education and care service if, immediately before the commencement day—
(a) the Regulatory Authority had commenced but not finalised a reassessment and re-rating of the education and care service or a reassessment and re-rating of an aspect or element of the education and care service under section 138 of the Law; or
(b) the Regulatory Authority had decided to commence but had not commenced a reassessment and re-rating of the education and care service or a reassessment and re-rating of an aspect or element of the education and care service on an application under section 139 of the Law.
Any reassessment and re-rating of the service must, on and after the commencement day, be conducted against the National Quality Standard as in force immediately before the commencement day.
This regulation applies to an approved education and care service that has not been assessed and rated, or reassessed and re-rated, against the National Quality Standard as in force on and after the commencement day.
Any reassessment and re-rating of an aspect or element of the education and care service conducted by the Regulatory Authority under section 138 of the Law or on an application under section 139 of the Law on or after the commencement day but before the relevant day must be conducted against the National Quality Standard as in force immediately before the commencement day, whether the reassessment was commenced or the application made before, on or after the commencement day.
In this regulation,
(a) in relation to an approved education and care service that was assessed and rated before the commencement day, the day that is 6 months after the commencement day; or
(b) in relation to an approved education and care service that was assessed and rated after the commencement day, the day that is 6 months after the day on which the rating for the service is published under section 160 of the Law.
This regulation applies to an approved education and care service if—
(a) before the commencement day, the Regulatory Authority had commenced—
(i) an assessment of the service under section 133(1) of the Law; or
(ii) a reassessment and re-rating of the service under section 138 or on an application under section 139 of the Law; and
(b) the assessment or reassessment and re rating was suspended under section 137(1) of the Law, whether that suspension occurred before, on or after the commencement day; and
(c) the suspension is lifted on or after the commencement day.
The Regulatory Authority must, on and after the commencement day, assess or reassess the approved education and care service against the National Quality Standard as in force on and after the commencement day.
This regulation applies to an approved education and care service if—
(a) the Regulatory Authority had commenced conducting a reassessment and re-rating of an aspect or element of the service before the commencement day; and
(b) the reassessment and re-rating was suspended under section 137(1) of the Law, whether that suspension occurred before, on or after the commencement day; and
(c) the suspension is lifted on or after the commencement day.
The Regulatory Authority must, on and after the commencement day, continue to conduct a reassessment against the National Quality Standard as in force immediately before the commencement day.
If, immediately before the commencement day, an approved education and care service held a prescribed provisional rating level, the service continues, on and after the commencement day, to hold that rating level for the purposes of the Law unless or until the service is assessed under section 133(1) of the Law and rated under section 135 of the Law.
If, immediately before the commencement day, an approved education and care service held a prescribed rating level, the service continues, on and after the commencement day, to hold that rating level for the purposes of the Law unless or until the service—
(a) is assessed under section 133(1) of the Law and rated under section 135 of the Law; or
(b) is reassessed and re-rated under section 138 of the Law or on an application under section 139 of the Law; or
(c) is awarded the highest rating level under section 155 of the Law.
(Repealed)
(Repealed)
(Repealed)
(Repealed)
The amendment made to regulation 173 by the Education and Care Services National Amendment Regulations 2021 only applies to an approved provider if the provider is issued a certificate referred to in regulation 173(3) on or after 30 July 2021.
This Division applies to the Northern Territory.
The amendments made to regulations 99(4), 102(4), 102D(4), 160(3)(b) and 161 by the Education and Care Services National Amendment Regulations 2021 do not apply until 31 December 2021.
Regulation 127, as amended by the Education and Care Services National Amendment Regulations 2023, does not apply until 1 July 2024 in respect of a family day care educator who, immediately before 1 July 2023, was actively working towards at least an approved certificate III level education and care qualification.
This regulation does not apply in South Australia.
Regulation 136(4A), as inserted by the Education and Care Services National Further Amendment Regulations 2023, does not apply until 1 April 2024.
The National Quality Standard is used to assess education and care services to determine rating levels under Part 5 of the Law.
The Regulatory Authority may suspend a service approval if an education and care service has operated at a rating level as not meeting the National Quality Standard and there has been no improvement in that rating level and a service waiver or temporary waiver does not apply to the service in relation to the non-compliance—see section 70(d) of the Law.
To determine whether and at what rating level an education and care service meets the National Quality Standard and the requirements of these regulations, Part 5 of the Law provides that the Regulatory Authority that granted the service approval for the service may assess the service in accordance with these Regulations.
The educational program and practice is stimulating, engaging and enhances children’s learning and development. In services for children over preschool age the program nurtures the development of life skills and complements children’s experiences, opportunities and relationships at school, at home and in the community.
The educational program enhances each child’s learning and development.
Curriculum decision-making contributes to each child’s learning and development outcomes in relation to that child’s identity, connection with community, wellbeing, confidence as learners and effectiveness as communicators.
Each child’s current knowledge, strengths, ideas, culture, abilities and interests are the foundation of the program.
All aspects of the program, including routines, are organised in ways that maximise opportunities for each child’s learning.
Educators facilitate and extend each child’s learning and development.
Educators are deliberate, purposeful, and thoughtful in their decisions and actions.
Educators respond to children’s ideas and play and extend children’s learning through open-ended questions, interactions and feedback.
Each child’s agency is promoted, enabling them to make choices and decisions and influence events and their world.
Educators and co-ordinators take a planned and reflective approach to implementing the program for each child.
Each child’s learning and development is assessed or evaluated as part of an ongoing cycle of observation, analysing, learning, documentation, planning, implementation and reflection.
Critical reflection on children’s learning and development, both as individuals and in groups, drives program planning and implementation.
Families are informed about the program and their child’s progress.
Every child’s health and wellbeing is safeguarded and promoted.
Each child’s health and physical activity is supported and promoted.
Each child’s wellbeing and comfort is provided for, including appropriate opportunities to meet each child’s need for sleep, rest and relaxation.
Effective illness and injury management and hygiene practices are promoted and implemented.
Healthy eating and physical activity are promoted and appropriate for each child.
Each child is protected.
At all times, reasonable precautions and adequate supervision ensure children are protected from harm and hazard.
Plans to effectively manage incidents and emergencies are developed in consultation with relevant authorities, practised and implemented.
Management, educators and staff are aware of their roles and responsibilities to identify and respond to every child at risk of abuse or neglect.
The physical environment is safe, suitable and provides a rich and diverse range of experiences which promote children’s learning and development.
The design and location of the premises is appropriate for the operation of a service.
Outdoor and indoor spaces, buildings, fixtures and fittings are suitable for their purpose, including supporting the access of every child.
Premises, furniture and equipment are safe, clean and well maintained.
The service environment is inclusive, promotes competence and supports exploration and play-based learning.
Outdoor and indoor spaces are organised and adapted to support every child’s participation and to engage every child in quality experiences in both built and natural environments.
Resources, materials and equipment allow for multiple uses, are sufficient in number, and enable every child to engage in play-based learning.
The service cares for the environment and supports children to become environmentally responsible.
Staffing arrangements create a safe and predictable environment for children and support warm, respectful relationships. Qualified and experienced educators and co-ordinators encourage children’s active engagement in the learning program. Positive relationships among educators, co-ordinators and staff members contribute to an environment where children feel emotionally safe, secure and happy.
Staffing arrangements enhance children’s learning and development.
The organisation of educators across the service supports children’s learning and development.
Every effort is made for children to experience continuity of educators at the service.
Management, educators and staff are collaborative, respectful and ethical.
Management, educators and staff work with mutual respect and collaboratively, and challenge and learn from each other, recognising each other’s strengths and skills.
Professional standards guide practice, interactions and relationships.
Relationships that are responsive, respectful and promote children’s sense of security and belonging free them to explore the environment and engage in learning.
Respectful and equitable relationships are maintained with each child.
Responsive and meaningful interactions build trusting relationships which engage and support each child to feel secure, confident and included.
The dignity and rights of every child are maintained.
Each child is supported to build and maintain sensitive and responsive relationships.
Children are supported to collaborate, learn from and help each other.
Each child is supported to regulate their own behaviour, respond appropriately to the behaviour of others and communicate effectively to resolve conflicts.
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.
Respectful relationships with families are developed and maintained and families are supported in their parenting role.
Families are supported from enrolment to be involved in the service and contribute to service decisions.
The expertise, culture, values and beliefs of families are respected and families share in decision-making about their child’s learning and wellbeing.
Current information is available to families about the service and relevant community services and resources to support parenting and family wellbeing.
Collaborative partnerships enhance children’s inclusion, learning and wellbeing.
Continuity of learning and transitions for each child are supported by sharing information and clarifying responsibilities.
Effective partnerships support children’s access, inclusion and participation in the program.
The service builds relationships and engages with its community.
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.
Governance supports the operation of a quality service.
A statement of philosophy guides all aspects of the service’s operations.
Systems are in place to manage risk and enable the effective management and operation of a quality service.
Roles and responsibilities are clearly defined and understood, and support effective decision-making and operation of the service.
Effective leadership builds and promotes a positive organisational culture and professional learning community.
There is an effective self-assessment and quality improvement process in place.
The educational leader is supported and leads the development and implementation of the educational program and assessment and planning cycle.
Educators’, co-ordinators’ and staff members’ performance is regularly evaluated and individual plans are in place to support learning and development.
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 |
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 |
Education and Care Services National Regulations (NSW) (2025-601a) (applied and modified as a law of New South Wales by the Children (Education and Care Services) NSW Regulation 2025 (601)). Date of commencement, 28.10.2025, sec 2 of Children (Education and Care Services) NSW Regulation 2025 (601).
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