{"id":"nsw:sl-2024-0339","name":"Children (Education and Care Services) Supplementary Provisions Regulation 2024","slug":"children-education-and-care-services-supplementary-provisions-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"339 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174178,"registerId":"nsw-sl-2024-0339-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Children (Education and Care Services) Supplementary Provisions Regulation 2024](/view/html/inforce/current/sl-2024-0339).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Children (Education and Care Services) Supplementary Provisions Regulation 2019](/view/html/repealed/current/sl-2019-0203), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > In this regulation—\n> > \n> > National Law Regulations means the national regulations made under the National Law, as in force from time to time.\n> > \n> > the Act means the [Children (Education and Care Services) Supplementary Provisions Act 2011](/view/html/inforce/current/act-2011-070).\n> > \n> > venue management plan has the same meaning as in section 15.\n> > \n> > Note—\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Alignment with National Law","content":"# Part 2 Alignment with National Law\n\nPart 2 Alignment with National Law","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Application of National Law Regulations—the Act, s 37(2)","content":"## Division 1 Application of National Law Regulations—the Act, s 37(2)\n\nDivision 1 Application of National Law Regulations—the Act, s 37(2)","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"National Law Regulations apply to State regulated education and care services","content":"#### 4 National Law Regulations apply to State regulated education and care services\n\n4 National Law Regulations apply to State regulated education and care services\n\n> > (1) The National Law Regulations apply, with the modifications specified in this part, to State regulated education and care services as if the services were education and care services within the meaning of the National Law.\n> \n> > (2) The Act, sections 22, 24 and 26 apply to the National Law Regulations in the same way they apply to the National Law.\n> > \n> > Note—\n> > \n> > The Act, section 22 provides that references in the National Law to education and care services are to be read as references to State regulated education and care services. The Act, section 24 provides that references in the National Law to the Regulatory Authority are to be read as references to the NSW Regulatory Authority, which is the Secretary of the Department of Education. The Act, section 26 provides that the following references in the National Law to national scheme matters are to be disregarded—\n> > \n> > > (a) National Authority,\n> > \n> > > (b) Ministerial Council, except in relation to the National Quality Standard,\n> > \n> > > (c) the highest rating level for an education and care service,\n> > \n> > > (d) associated children’s services,\n> > \n> > > (e) family day care services.\n> \n> > (3) To avoid doubt, a provision of the National Law Regulations made under a provision of the National Law that is disregarded for the National Law Alignment Provisions is to be disregarded for the purposes of this regulation.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Excluded provisions","content":"#### 5 Excluded provisions\n\n5 Excluded provisions\n\n> For the purposes of applying the National Law Regulations to State regulated education and care services, the following provisions of the National Law Regulations must be disregarded—\n> \n> > (a) regulations 69–71, which relate to certain assessment and rating functions of the Australian Children’s Education and Care Quality Authority,\n> \n> > (b) Part 4.4, Division 7, which relates to the approval and determination of qualifications by the National Authority,\n> \n> > (c) the following provisions of Chapter 6, which relate to administration—\n> > \n> > > (i) Part 6.1,\n> > \n> > > (ii) Part 6.2, except regulations 226–228 and 230,\n> > \n> > > (iii) regulation 236,\n> \n> > (d) Chapter 7, which relates to jurisdiction-specific and transitional matters, except regulations 271–274A, which are NSW-specific provisions relating to educator to child ratios, swimming pools and documentation.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Interpretation of references","content":"#### 6 Interpretation of references\n\n6 Interpretation of references\n\n> For the purposes of applying the National Law Regulations to State regulated education and care services—\n> \n> > (a) a reference in the National Law Regulations to a provision of the National Law must be read as a reference to the corresponding provision of the National Law Alignment Provisions, and\n> \n> > (b) a reference in the National Law Regulations to a provider approval or service approval must be read as a reference to a provider approval or service approval under the Act, instead of the National Law, and\n> \n> > (c) a reference in the National Law Regulations to an approved provider must be read as a reference to an approved provider under the Act, instead of the National Law, and\n> \n> > (d) a reference in the National Law Regulations to a centre-based service must be read as a reference to a State regulated education and care service.","sortOrder":8},{"sectionNumber":"Division 2","sectionType":"division","heading":"Modification of National Law Regulations—the Act, ss 36(2)(a) and 37(2)","content":"## Division 2 Modification of National Law Regulations—the Act, ss 36(2)(a) and 37(2)\n\nDivision 2 Modification of National Law Regulations—the Act, ss 36(2)(a) and 37(2)","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Copy of service approval to be provided to approved provider","content":"#### 7 Copy of service approval to be provided to approved provider\n\n7 Copy of service approval to be provided to approved provider\n\n> For the National Law Alignment Provisions, section 52(i), a copy of a service approval must also state the type of State regulated education and care service for which the service approval has been granted.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Identity cards for authorised officers","content":"#### 8 Identity cards for authorised officers\n\n8 Identity cards for authorised officers\n\n> For the National Law Alignment Provisions, section 196(1), an identity card issued to an authorised officer under the National Law is in the prescribed form if the identity card—\n> \n> > (a) complies with the National Law Regulations, regulation 187, and\n> \n> > (b) states that the officer is authorised to exercise functions as an authorised officer under the Act.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Documentation of educational programs for occasional education and care services","content":"#### 9 Documentation of educational programs for occasional education and care services\n\n9 Documentation of educational programs for occasional education and care services\n\n> > (1) The National Law Regulations, regulation 74 does not apply to the approved provider of an occasional education and care service.\n> \n> > (2) The approved provider of an occasional education and care service must ensure evidence is documented about the development of the educational program, as referred to in the National Law Alignment Provisions, section 168, for the children at the service.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Service waivers and temporary waivers for mobile education and care services","content":"#### 10 Service waivers and temporary waivers for mobile education and care services\n\n10 Service waivers and temporary waivers for mobile education and care services\n\n> The National Law Regulations, regulations 41 and 44 apply to a mobile education and care service with the following modifications—\n> \n> > (a) the National Law Regulations, regulations 104, 107, 108 and 110 are not prescribed elements,\n> \n> > (b) the National Law Regulations, Part 4.3, Division 2, other than regulation 111, are not prescribed elements.\n> \n> Note—\n> \n> See also this regulation, Part 4, which requires a mobile education and care service to submit a venue management plan to the Regulatory Authority in relation to non-compliance with the provisions to which this section refers.","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Provider approvals and service approvals","content":"# Part 3 Provider approvals and service approvals\n\nPart 3 Provider approvals and service approvals","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Conditions of provider approvals—the Act, s 36(2)(a)","content":"#### 11 Conditions of provider approvals—the Act, s 36(2)(a)\n\n11 Conditions of provider approvals—the Act, s 36(2)(a)\n\n> > (1) For the National Law Alignment Provisions, section 19(1), the conditions of a provider approval are the conditions prescribed in the National Law Regulations that are relevant to the type of State regulated education and care service provided by the approved provider.\n> \n> > (2) A provider approval for a mobile education and care service is also subject to the following conditions—\n> > \n> > > (a) the approved provider must keep a register with the following information—\n> > > \n> > > > (i) the address of each of the premises at which the service is provided,\n> > > \n> > > > (ii) the name of the proprietor of each of the premises,\n> > \n> > > (b) the approved provider must ensure that the premises of the service comply with the venue management plan for the premises.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Conditions of service approvals—the Act, s 36(2)(a)","content":"#### 12 Conditions of service approvals—the Act, s 36(2)(a)\n\n12 Conditions of service approvals—the Act, s 36(2)(a)\n\n> > (1) For the National Law Alignment Provisions, section 51(5), the conditions of a service approval are the conditions prescribed in the National Law Regulations that are relevant to the type of State regulated education and care service authorised by the approval.\n> \n> > (2) A service approval for a State regulated education and care service is also subject to the condition that the approved provider must develop, maintain and implement procedures to ensure the following persons comply with the conditions of the service approval that apply to them—\n> > \n> > > (a) the nominated supervisor,\n> > \n> > > (b) all other members of staff of the education and care service.\n> \n> > (3) In this section—\n> > \n> > staff, of an education and care service, means the persons employed for remuneration to provide the service.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Associated children’s services—the Act, s 29","content":"#### 13 Associated children’s services—the Act, s 29\n\n13 Associated children’s services—the Act, s 29\n\n> > (1) The Regulatory Authority may dispense with the requirement to obtain a service approval for an associated children’s service that is authorised by a service approval under the National Law.\n> \n> > (2) In this section—\n> > \n> > associated children’s service has the same meaning as in the National Law.","sortOrder":17},{"sectionNumber":"Part 4","sectionType":"part","heading":"Mobile education and care services—the Act, s 36(2)(a)","content":"# Part 4 Mobile education and care services—the Act, s 36(2)(a)\n\nPart 4 Mobile education and care services—the Act, s 36(2)(a)","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Application for service approval for mobile education and care service","content":"#### 14 Application for service approval for mobile education and care service\n\n14 Application for service approval for mobile education and care service\n\n> An application for a service approval for a mobile education and care service must include—\n> \n> > (a) the addresses of the premises at which the service will be provided, and\n> \n> > (b) if an occupation certificate is required under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) for the proposed use of the premises for a mobile education and care service—a copy of the certificate.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Venue management plans for mobile education and care services","content":"#### 15 Venue management plans for mobile education and care services\n\n15 Venue management plans for mobile education and care services\n\n> > (1) If a mobile education and care service is to be provided on premises that do not comply with the National Law Regulations, regulations 80, 104–110 or 112–115, a venue management plan must be submitted to and approved by the Regulatory Authority.\n> \n> > (2) The Regulatory Authority must not grant a service approval for a mobile education and care service for which a venue management plan is required unless the service has approved a venue management plan.\n> \n> > (3) While an approved venue management plan is in force in relation to a mobile education and care service and the mobile education and care service complies with the venue management plan—\n> > \n> > > (a) the service is taken to comply with the provisions of the National Law Regulations specified in the venue management plan, and\n> > \n> > > (b) the provisions of the National Law Regulations specified in the venue management plan are taken to not be prescribed for the National Law Alignment Provisions, section 176 in relation to the service.\n> \n> > (4) In this section—\n> > \n> > venue management plan means a plan describing how the safety and well-being of children being educated at particular premises at which a mobile education and care service is being provided will be ensured despite the premises not complying with specified provisions of the National Law Regulations.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Amendments to venue management plans for mobile education and care services","content":"#### 16 Amendments to venue management plans for mobile education and care services\n\n16 Amendments to venue management plans for mobile education and care services\n\n> > (1) An approved provider of a mobile education and care service who intends to change a venue management plan must apply to the Regulatory Authority for the following—\n> > \n> > > (a) approval of the revised venue management plan,\n> > \n> > > (b) an amendment to the service approval for the service to reflect the revised venue management plan.\n> \n> > (2) An application for an amendment to a service approval made under this section must include a copy of the revised venue management plan, in addition to the information required in relation to an amendment under the National Law Regulations, regulation 34.","sortOrder":21},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":22},{"sectionNumber":"16A","sectionType":"section","heading":"Modification of the Act, section 21","content":"#### 16A Modification of the Act, section 21\n\n16A Modification of the Act, section 21\n\n> The Act, section 21(1)(aa) is modified by inserting “and Division 4A” after “273”.\n> \n> **s 16A:** Ins 2026 (54), Sch 2.","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Transitional provision for existing teaching staff","content":"#### 17 Transitional provision for existing teaching staff\n\n17 Transitional provision for existing teaching staff\n\n> > (1) A person who was a teaching staff member of a State regulated education and care service immediately before 27 May 2019 is taken to be an early childhood teacher for the National Law Regulations until the person stops being employed at the service.\n> \n> > (2) In this section—\n> > \n> > teaching staff member has the same meaning as in the [Children (Education and Care Services) Supplementary Provisions Regulation 2012](/view/html/repealed/current/sl-2012-0392), clause 51 as in force immediately before 27 May 2019.","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Repeal and savings","content":"#### 18 Repeal and savings\n\n18 Repeal and savings\n\n> > (1) The [Children (Education and Care Services) Supplementary Provisions Regulation 2019](/view/html/repealed/current/sl-2019-0203) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Children (Education and Care Services) Supplementary Provisions Regulation 2019](/view/html/repealed/current/sl-2019-0203), had effect under that regulation continues to have effect under this regulation.","sortOrder":25}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This regulation replaces the 2019 supplementary regulation and redefines how the National Law Regulations apply to NSW State regulated services by adding explicit modifications and exclusions (sections 4–6 and 5). It introduces specific new mechanics for mobile education and care services — venue management plans, premises registers and application documentation (sections 11, 14–16) — and clarifies provider and service approval conditions (sections 11–12). These changes shift certain approval and assessment functions to the NSW Regulatory Authority (sections 13, 15), and thus alter the operational scope and administrative responsibilities of both providers and the State regulator compared with the prior instrument."},"complexity_factors":["Extensive cross-references to the National Law and National Law Regulations, requiring reading across multiple instruments (sections 4–6).","A mix of inclusion, modification and explicit exclusions of national provisions (section 5), which raises interpretive work for users and administrators.","New procedural requirements for mobile services (venue management plans, premises registers, occupation certificates) combined with amendment and approval pathways (sections 11, 14–16).","Delegation of assessment and approval discretion to the NSW Regulatory Authority for waivers and venue plans (sections 13, 15, 16), creating administrative variability.","Multiple small operational requirements across provider and service approvals (conditions, staff compliance procedures, documentation) that impose recurring compliance tasks (sections 11–12, 9).","Transitional and repeal/savings provisions that require legal continuity checks against the repealed 2019 regulation (section 18)."],"plain_english_summary":"This regulation applies the National Law Regulations to NSW‑regulated children’s education and care services with specified exclusions and amendments, repealing the 2019 supplementary instrument and preserving existing legal effects. It keeps decision‑making and approvals with the NSW Regulatory Authority and shifts administrative and compliance burdens onto approved providers—especially mobile and occasional‑care operators—requiring premises registers, venue management plans, program documentation and staff‑compliance procedures. The result: state control of approvals, new provider record‑keeping and plan costs, and an approval pathway for non‑standard premises."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation maintains its original purpose of bridging NSW state-regulated childcare services with the national quality framework. The 2024 version appears to be a standard re-enactment (replacing the 2019 version before automatic repeal) with minor technical updates. The inclusion of section 16A (modifying a section reference in the parent Act) and the retention of the 2019 transitional provision for teaching staff suggest continuity rather than expansion. The core scope—regulating mobile and occasional care services through alignment with national standards—remains unchanged."},"complexity_factors":["Heavy reliance on external legislation: The regulation constantly references the 'National Law', 'National Law Regulations', and 'National Law Alignment Provisions' without reproducing them, requiring readers to cross-reference multiple documents","Nested modification structure: Section 4 applies national regulations 'with modifications specified in this part', creating a two-layer system where readers must track what applies and what's excluded","Extensive cross-referencing: Sections 11-12 incorporate conditions from the National Law Regulations 'relevant to the type of State regulated education and care service', requiring knowledge of that external classification system","Multiple service types with different rules: Mobile services, occasional care services, and associated children's services each have distinct requirements scattered across Parts 3 and 4","Conditional compliance mechanism: Section 15 creates a complex 'venue management plan' system where non-compliance with specified regulations is permitted if the plan is approved and followed, creating an exception-within-exception structure","Interpretative redirections: Section 6 requires readers to mentally substitute references (e.g., reading 'centre-based service' as 'State regulated education and care service') throughout the applied National Law Regulations","Disregarded provisions list: Section 5 requires readers to mentally excise multiple chapters and regulations from the applied National Law Regulations"],"plain_english_summary":"This regulation sets the rules for childcare services in New South Wales that fall outside the national childcare system—mainly **mobile services** (like playgroups that move between locations) and **occasional care services** (like emergency or short-term care).\n\n**What it does:**\n- **Brings national standards to state-regulated services**: It applies most of the national childcare regulations to these NSW-specific services, but with modifications to fit their unique circumstances.\n- **Creates special rules for mobile services**: Because mobile services operate at different venues (like community halls or churches), they need a **venue management plan**—a document explaining how they'll keep children safe even if the building doesn't meet normal childcare building standards.\n- **Relaxes some requirements for occasional care**: Occasional care services don't need to document their educational programs in the same detailed way as regular childcare centres.\n- **Sets approval conditions**: Anyone approved to run these services must meet specific conditions, including keeping a register of premises (for mobile services) and ensuring staff follow the rules.\n\n**Who it affects:**\n- Providers of mobile childcare services (e.g., services that rotate between community venues)\n- Providers of occasional care services (short-term or emergency care)\n- The NSW Department of Education (the Regulatory Authority) which approves and monitors these services\n- Parents using these non-standard childcare arrangements\n\n**Why it matters:**\nWithout this regulation, these services would either face impossible building standards (impractical for temporary venues) or operate without proper oversight. The regulation strikes a balance—maintaining child safety through tailored plans rather than one-size-fits-all rules—while ensuring these alternative care options remain available to families."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this regulation has changed from its original intent. The February 2026 update suggests amendments were made, but without access to the substantive provisions or a comparison of versions, no scope drift can be confirmed. The regulation appears to remain focused on its original purpose of providing supplementary operational rules for children's education and care services in NSW."},"complexity_factors":["The document provided is metadata and navigation only — the actual substantive provisions of the regulation are not included, making full analysis impossible","Regulations of this type typically interact with a parent Act and the national Education and Care Services National Law, adding interpretive layers","The staged repeal mechanism under the Subordinate Legislation Act 1989 adds an administrative complexity dimension","Cross-jurisdictional context (national framework vs NSW supplementary provisions) may create complexity in application","Score is kept low due to absence of actual regulatory content in the provided text"],"plain_english_summary":"## Children (Education and Care Services) Supplementary Provisions Regulation 2024\n\n**What is this?**\nThis is a NSW government regulation (a type of law made under an existing Act, rather than passed directly by Parliament) that provides supplementary (additional or supporting) rules relating to education and care services for children in New South Wales — think childcare centres, preschools, and similar services.\n\n**Who does it affect?**\n- Operators and staff of children's education and care services in NSW (e.g. long day care, family day care, preschools, outside school hours care)\n- Parents and guardians who use these services\n- Regulatory bodies that oversee these services\n\n**Why does it matter?**\nIt fills in the detail that the parent Act (the Children (Education and Care Services) Supplementary Provisions Act) doesn't spell out — things like specific procedural requirements, operational standards, or administrative rules for how these services must run.\n\n**Important note:** This regulation has a built-in expiry date. It will be **automatically cancelled (repealed) on 1 September 2029** under NSW's sunset clause process (a system that forces outdated regulations to be reviewed or they simply expire). It was updated on **27 February 2026**, suggesting rules within it have been adjusted since it was originally made in August 2024.\n\n**The bottom line:** If you run, work at, or send your child to a regulated care or education service in NSW, this regulation may affect how that service must operate. It will be in force until at least September 2029."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/children-education-and-care-services-supplementary-provisions-regulation-2024","history":"/api/acts/children-education-and-care-services-supplementary-provisions-regulation-2024/history","analysis":"/api/acts/children-education-and-care-services-supplementary-provisions-regulation-2024/analysis","conflicts":"/api/acts/children-education-and-care-services-supplementary-provisions-regulation-2024/conflicts","importantCases":"/api/acts/children-education-and-care-services-supplementary-provisions-regulation-2024/important-cases","documents":"/api/acts/children-education-and-care-services-supplementary-provisions-regulation-2024/documents"}}