{"id":"education-and-care-services-national-law-application-local-regulations-regulations-2026","name":"Education and Care Services National Law Application (Local Regulations) Regulations 2026","slug":"education-and-care-services-national-law-application-local-regulations-regulations-2026","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":445948,"registerId":"wa-education-and-care-services-national-law-application-local-regulations-regulations-2026-current","compilationNumber":null,"startDate":"2026-04-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1 — Preliminary\n\n1.Citation1\n\n2.Commencement1\n\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"National Regulations modified","content":"Part 2 — National Regulations modified\n\n3.National Regulations modified2\n\n4.Regulation 3 modified2\n\n5.Regulation 4 modified2\n\n6.Regulation 5 modified4\n\n7.Regulation 24 modified5\n\n8.Regulation 25 modified5\n\n9.Regulation 25A deleted5\n\n10.Regulation 31 modified5\n\n11.Regulations 32B to 32E inserted6\n\n32B.Conditions on service approval—restrictions on engaging or registering educators operating at residence or venue with swimming pool or outdoor spa6\n\n32C.Condition on service approval—register of residences and venues with swimming pool, outdoor spa or hazardous water feature7\n\n32D.Condition on service approval—safety devices for swimming pools and outdoor spas8\n\n32E.Condition on service approval—water hazard safety inspections9\n\n12.Regulation 38 modified10\n\n13.Regulation 62 modified10\n\n14.Regulation 63 modified11\n\n15.Guide to Chapter 4 modified12\n\n16.Regulation 75 modified12\n\n17.Regulation 80 modified12\n\n18.Regulation 84B modified12\n\n19.Regulation 86 modified13\n\n20.Regulation 92 modified13\n\n21.Regulation 94 modified13\n\n22.Regulation 98 modified13\n\n23.Regulation 111 modified14\n\n24.Regulations 116A to 116C deleted14\n\n25.Regulations 116D to 116F inserted15\n\n116D.Water hazard inspection reports conducted at family day care residence or approved family day care venue15\n\n116E.Offences relating to water hazard safety inspection reports—approved provider17\n\n116F.Offences relating to water hazard safety inspection reports—family day care educator18\n\n26.Regulation 117 modified19\n\n27.Regulation 123 modified19\n\n28.Regulation 124 modified21\n\n29.Regulation 160 modified22\n\n30.Regulation 177 modified22\n\n31.Regulation 185 modified22\n\n32.Regulation 190 modified22\n\n33.Regulation 192 modified23\n\n34.Regulation 201 modified23\n\n35.Regulation 209 modified23\n\n36.Regulation 223 modified23\n\n37.Regulation 227 modified24\n\n38.Chapter 6 Part 6.3 Division 2 heading modified25\n\n39.Regulation 236B modified25\n\n40.Regulation 239A modified26\n\n41.Regulation 241 modified26\n\n42.Regulation 242 modified26\n\n43.Regulation 254 deleted27\n\n44.Regulation 256 modified27\n\n45.Regulation 257 modified27\n\n46.Regulation 369 modified28\n\n47.Regulation 370 modified28\n\n48.Schedule 2 heading and reference replaced29\n\n","sortOrder":1},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Prescribed fees for period beginning on 17 June 2023 and ending on 30 June 2023","content":"Schedule 2 — Prescribed fees for period beginning on 17 June 2023 and ending on 30 June 2023\n\n49.Schedule 3 of National Regulations modified30\n\n","sortOrder":2},{"sectionNumber":"Part 3","sectionType":"part","heading":"Infringement Notices","content":"Part 3 — Infringement Notices\n\n50.Term used: Regulatory Authority31\n\n51.Regulations for the purposes of Education and Care Services National Law (WA)31\n\n","sortOrder":3},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Forms","content":"Schedule 1 — Forms\n\nNotes\n\nCompilation table38\n\nUncommenced provisions table38\n\nDefined terms\n\n  \n\n \n\nEducation and Care Services National Law Application Act 2026\n\nPart 1 — Preliminary\n\n1.Citation\n\nThese regulations are the Education and Care Services National Law Application (Local Regulations) Regulations 2026.\n\n2.Commencement\n\nThese regulations come into operation as follows —\n\n(a)Parts 1, 2 and 3 and Schedule 1 — on 1 May 2026;\n\n(b)Part 4 (other than regulations 53 to 55) — on the earlier of the following —\n\n(i)1 July 2027;\n\n(ii)the day on which regulation 55 comes into operation under paragraph (d);\n\n(c)regulation 53 and 54 — 1 July 2027;\n\n(d)the rest of the regulations — if the Education and Care Services National Further Amendment Regulations 2025 have effect for the purposes of Part 2 of the Act under section 13(2) of the Act — on the day on which regulation 62 of those regulations comes into operation under section 14 of the Act.\n\nPart 2 — National Regulations modified\n\n3.National Regulations modified\n\nThis Part modifies the National Regulations.\n\nSee paragraph (b) of the definition of Education and Care Services National Law Regulations in section 11(1) of the Act.\n\n4.Regulation 3 modified\n\nIn regulation 3 delete “1 January 2012.” and insert:\n\n \n\n \n\nThe note at the end of regulation 3 is to read:\n\nThe Education and Care Services National Regulations 2012 of Western Australia were repealed on 1 May 2026.\n\n5.Regulation 4 modified\n\n(1)In regulation 4(1) delete the definitions of:\n\nchild over preschool age\n\nscheme commencement day\n\n(2)In regulation 4(1) insert in alphabetical order:\n\n \n\nauthorised emergency contact, in relation to a child, means a person named in the child’s enrolment record as a person who is to be notified of an emergency involving the child if any parent of the child cannot be immediately contacted;\n\nchild over preschool age means a child who —\n\n(a)is enrolled or registered at a school; and\n\n(b)attends, or in the current calendar year will attend, school in grade 1 or a higher grade;\n\nhazardous water feature, at a family day care residence or approved family day care venue, means a permanent body of water, the primary purpose for which is not swimming or bathing, that is —\n\n(a)situated outdoors; and\n\n(b)more than 30 cm deep; and\n\n(c)accessible to children being educated and cared for at the residence or venue;\n\npreschool program means an early childhood educational program delivered by a qualified early childhood teacher to children in the year that is before grade 1 of school;\n\nsafety device, for a swimming pool or outdoor spa at a family day care residence or approved family day care venue, means a device designed to —\n\n(a)warn an educator at the residence or venue that a child being educated and cared for at the residence or venue has entered the swimming pool or outdoor spa, or the area surrounding the swimming pool or outdoor spa; or\n\n(b)cover the swimming pool or outdoor spa in such a way that the device —\n\n(i)cannot be easily lifted or removed by a child being educated and cared for at the residence or venue; and\n\n(ii)would prevent such a child from entering the swimming pool or outdoor spa;\n\nscheme commencement day means —\n\n(a)for all participating jurisdictions other than Western Australia — 1 January 2012; and\n\n(b)for Western Australia — 1 August 2012;\n\nwater hazard safety inspection has the meaning given in regulation 32E(1)(a);\n\nwater hazard safety inspection report has the meaning given in regulation 32E(1)(b);\n\n \n\n(3)In regulation 4(1) in the definition of approved education and care qualification delete “qualification, in regulations 126A, 135 and 324,” and insert:\n\n \n\nqualification\n\n \n\n(4)In regulation 4(1A) delete the example and insert:\n\n \n\nExample for this subregulation:\n\nThere are 33 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 10 children. In this case 4 educators would be required.\n\n \n\n6.Regulation 5 modified\n\nIn regulation 5(2)(b) before “a service providing” insert:\n\n \n\nin all participating jurisdictions other than Western Australia —\n\n \n\nThe note at the end of regulation 5(2)(b) is to be deleted.\n\n7.Regulation 24 modified\n\nIn regulation 24 delete “Subject to regulation 25A, an” and insert:\n\n \n\nAn\n\n \n\n8.Regulation 25 modified\n\n(1)In regulation 25(1) delete “Subject to subregulation (2) and regulation 25A, in” and insert:\n\n \n\nIn\n\n \n\n(2)Delete regulation 25(2).\n\n9.Regulation 25A deleted\n\nDelete regulation 25A.\n\n10.Regulation 31 modified\n\nIn regulation 31(c) delete “parents” and insert:\n\n \n\n \n\n11.Regulations 32B to 32E inserted\n\nAfter regulation 32A insert:\n\n \n\n32B.Conditions on service approval—restrictions on engaging or registering educators operating at residence or venue with swimming pool or outdoor spa\n\n(1)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 there is no swimming pool or outdoor spa at a family day care residence or approved family day care venue of the service unless —\n\n(a)the swimming pool or outdoor spa existed at the residence or venue before 1 September 2022 (whether or not the residence or venue was a residence or venue of the service at that time); and\n\n(b)each educator who provides education and care to children at the residence or venue was engaged by or registered with the service —\n\n(i)before 1 September 2022; or\n\n(ii)on or after 1 September 2022 with the approval of the Regulatory Authority under subregulation (3).\n\n(2)A service approval for a family day care service is granted subject to the condition that the approved provider of the service must not, without the approval of the Regulatory Authority under subregulation (3), engage or register a family day care educator to provide education and care to children at a family day care residence or approved family day care venue with a swimming pool or outdoor spa.\n\n(3)The Regulatory Authority may give written approval for the approved provider of a family day care service to engage or register a family day care educator to provide education and care to children at a family day care residence or approved family day care venue with a swimming pool or outdoor spa if —\n\n(a)the swimming pool or outdoor spa existed at the residence or venue before 1 September 2022; and\n\n(b)the educator was, before 1 September 2022, engaged by or registered with another family day care service to provide education and care to children at the residence or venue; and\n\n(c)the Regulatory Authority considers exceptional circumstances exist justifying the approval.\n\n32C.Condition on service approval—register of residences and venues with swimming pool, outdoor spa or hazardous water feature\n\n(1)A service approval for a family day care service is granted subject to the condition that the approved provider of the service must —\n\n(a)keep a register that includes the information set out in subregulation (2) in respect of each family day care residence or approved family day care venue of the service with a swimming pool, outdoor spa or hazardous water feature; and\n\n(b)make the register available for inspection by the Regulatory Authority on request.\n\n(2)For the purposes of subregulation (1), the register must include the following information —\n\n(a)the name of each educator who provides education and care to children at the residence or venue;\n\n(b)the address of the residence or venue;\n\n(c)each swimming pool, outdoor spa and hazardous water feature that is at the residence or venue;\n\n(d)each safety device for a swimming pool or outdoor spa that is at the residence or venue;\n\n(e)the date on which a water hazard safety inspection of the residence or venue was last conducted.\n\n32D.Condition on service approval—safety devices for swimming pools and outdoor spas\n\nA service approval for a family day care service is granted subject to the condition that the approved provider of the service must ensure that there is, at each family day care residence or approved family day care venue of the service with a swimming pool or outdoor spa, at least 1 safety device for the swimming pool or outdoor spa.\n\n32E.Condition on service approval—water hazard safety inspections\n\n(1)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 —\n\n(a)at the times set out in subregulation (2), an inspection (a water hazard safety inspection) of each family day care residence or approved family day care venue of the service with a swimming pool, outdoor spa or hazardous water feature is conducted in accordance with this regulation to determine whether the residence or venue is a safe operating environment; and\n\n(b)a written report (a water hazard safety inspection report) of each water hazard safety inspection is prepared and given to the approved provider in accordance with this regulation.\n\n(2)The times for conducting a water hazard safety inspection of a family day care residence or approved family day care venue are —\n\n(a)for the 1st inspection — within 30 days after the day on which it becomes a residence or venue of the service; and\n\n(b)after that, at monthly intervals.\n\n(3)A water hazard safety inspection of a family day care residence or approved family day care venue cannot be conducted by —\n\n(a)an educator who provides education and care to children at the residence or venue; or\n\n(b)a person who resides at the residence or venue.\n\n(4)A water hazard safety inspection of a family day care residence or approved family day care venue may be conducted by a person who is —\n\n(a)physically present at the residence or venue; or\n\n(b)subject to subregulation (5), using technology that enables the person to inspect the residence or venue without being physically present (a virtual inspection).\n\n(5)A water hazard safety inspection of a family day care residence or approved family day care venue cannot, without the written approval of the Regulatory Authority, be a virtual inspection if —\n\n(a)the previous 2 inspections of the residence or venue were virtual inspections; or\n\n(b)6 previous virtual inspections of the residence or venue have been conducted in the current calendar year.\n\nNotes for this regulation:\n\n1.See section 51(5) of the Law.\n\n2.For water hazard safety inspection reporting requirements and offences relating to water hazard safety inspection reports see regulations 116D to 116F.\n\n \n\n12.Regulation 38 modified\n\nIn regulation 38 delete “must” and insert:\n\n \n\nmay\n\n \n\n13.Regulation 62 modified\n\n(1)In regulation 62(2) delete “that is 2 years”.\n\n(2)After regulation 62(3) insert:\n\n \n\n(4)An education and care service in Western Australia is entitled to be given an Exceeding National Quality Standard for the education program and practice quality area if —\n\n(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\n\n(b)if the arrangement is generally available to children educated and cared for by the service, the service informs the parents of the arrangement.\n\n(5)In subregulation (4) each of the following terms has the meaning given in regulation 368 —\n\nkindergarten programme\n\nprovided by a school\n\nschool\n\n \n\n14.Regulation 63 modified\n\n(1)In regulation 63(1)(a)(iii)(B) delete “1 January 2012,” and insert:\n\n \n\nthe scheme commencement day,\n\n \n\n(2)In regulation 63(2)(d) delete “that is 2 years”.\n\nThe note at the end of regulation 63(1)(a)(iii)(B) is to be deleted.\n\n15.Guide to Chapter 4 modified\n\nIn the Guide to Chapter 4 after the item for Part 4.2 Division 6 insert:\n\n \n\n","sortOrder":4},{"sectionNumber":"Div 6A","sectionType":"division","heading":"sets out requirements relating to the safe arrival of children who travel between an education and care service and any other education or early childhood service.","content":"Division 6A sets out requirements relating to the safe arrival of children who travel between an education and care service and any other education or early childhood service.\n\n","sortOrder":5},{"sectionNumber":"Div 7","sectionType":"division","heading":"sets out requirements relating to the transportation of children other than as part of an excursion.","content":"Division 7 sets out requirements relating to the transportation of children other than as part of an excursion.\n\n \n\n16.Regulation 75 modified\n\nIn regulation 75(a) delete “parents” and insert:\n\n \n\n \n\n17.Regulation 80 modified\n\nIn regulation 80(1)(a), (2)(a) and (3)(a) delete “parents” and insert:\n\n \n\n \n\n18.Regulation 84B modified\n\nIn regulation 84B(m) delete “parent.” and insert:\n\n \n\nparent or family member.\n\n \n\n19.Regulation 86 modified\n\nIn regulation 86 after “service” (2nd occurrence) insert:\n\n \n\nor, if a parent cannot be immediately contacted, an authorised emergency contact for the child\n\n \n\n20.Regulation 92 modified\n\nIn regulation 92(3)(c) delete “administered;” and insert:\n\n \n\nadministered and the medical condition the medication is being used to treat;\n\n \n\n21.Regulation 94 modified\n\nIn regulation 94(2)(a) delete “child;” and insert:\n\n \n\nchild or, if a parent of the child cannot be immediately contacted, an authorised emergency contact for the child;\n\n \n\n22.Regulation 98 modified\n\n(1)In regulation 98:\n\n(a)delete “The” and insert:\n\n \n\n(1)The\n\n \n\n(b)delete “parents” and insert:\n\n \n\nparents, family members, other adults who may need to be in contact about a child\n\n \n\n(2)At the end of regulation 98 insert:\n\n \n\n(2)The approved provider of a family day care service must ensure that, when children are being educated and cared for at a family day care residence or approved family day care venue as part of the service —\n\n(a)educators at the residence or venue have ready access to at least 2 operating telephones or other similar means of communication to enable immediate communication to and from parents, family members, other adults who may need to be in contact about a child and emergency services; and\n\n(b)at least 1 of the telephones or other similar means of communication referred to in paragraph (a) is kept in a fixed location at the residence or venue.\n\nPenalty: $3300.\n\n \n\n23.Regulation 111 modified\n\nIn regulation 111(b) delete “parents” and insert:\n\n \n\n \n\n24.Regulations 116A to 116C deleted\n\nDelete regulations 116A to 116C.\n\n25.Regulations 116D to 116F inserted\n\nBefore regulation 117 insert:\n\n \n\n116D.Water hazard inspection reports conducted at family day care residence or approved family day care venue\n\n(1)The person who conducts a water hazard safety inspection of a family day care residence or approved family day care venue of a family day care service must —\n\n(a)when conducting the inspection, complete a water hazard safety inspection checklist in a form approved by the Regulatory Authority; and\n\n(b)prepare a water hazard safety inspection report in accordance with subregulation (2) and give it to the approved provider of the service —\n\n(i)if a safety issue relating to a swimming pool, outdoor spa or hazardous water feature is identified in the course of the inspection — within 24 hours of completing the inspection; or\n\n(ii)in any other case — within 7 days of completing the inspection.\n\n(2)A water hazard safety inspection report must —\n\n(a)be in a form approved by the Regulatory Authority; and\n\n(b)include the information set out in subregulation (3); and\n\n(c)include the water hazard safety inspection checklist completed by the person who conducted the inspection.\n\n(3)For the purposes of subregulation (2)(b), the information is as follows —\n\n(a)the address of the residence or venue;\n\n(b)the date and time of the inspection;\n\n(c)the full name of the person who conducted the inspection and the person’s signature;\n\n(d)whether the inspection was a virtual inspection;\n\n(e)the type and condition of each safety device for a swimming pool or outdoor spa that is at the residence or venue;\n\n(f)whether any safety issue relating to a swimming pool, outdoor spa or hazardous water feature was identified and, if so —\n\n(i)a description of the safety issue; and\n\n(ii)whether the safety issue was rectified during the inspection; and\n\n(iii)if the safety issue has not been rectified, the action that the person who conducted the inspection considers should be taken to rectify it and mitigate risks associated with it before it is rectified; and\n\n(iv)if relevant, an estimate of the time that is needed to complete the action referred to in subparagraph (iii);\n\n(g)any other information required by the form approved under subregulation (2)(a).\n\nA water hazard safety inspection is a condition of a service approval for a family day care service: see regulation 32E.\n\n116E.Offences relating to water hazard safety inspection reports—approved provider\n\n(1)The approved provider of a family day care service must, as soon as practicable after being given a water hazard safety inspection report in relation to a family day care residence or approved family day care venue of the service, give a copy of it to each educator who provides education and care to children at the residence or venue.\n\n(2)The approved provider of a family day care service must, within 24 hours of being given a water hazard safety inspection report that identifies a safety issue in relation to a swimming pool, outdoor spa or hazardous water feature at a family day care residence or approved family day care venue of the service, give written notice of the safety issue to the Regulatory Authority.\n\n(3)If an unrectified safety issue relating to a swimming pool, outdoor spa or hazardous water feature is identified in a water hazard safety inspection report relating to a family day care residence or approved family day care venue of a family day care service, the approved provider of the service must, as soon as practicable after the safety issue is rectified, record on the report the date on which it was rectified.\n\n(4)The approved provider of a family day care service must ensure that each water hazard safety inspection report in relation to a family day care residence or approved family day care venue of the service is kept at the principal office of the service until the end of 3 years after the day on which it was completed.\n\n(5)The approved provider of a family day care service must ensure that each water hazard safety inspection report kept under subregulation (4) is made available on request to the Regulatory Authority.\n\n(6)The approved provider of a family day care service must ensure that each water hazard safety inspection report kept under subregulation (4) in relation to a family day care residence or approved family day care venue is made available on request to a parent of a child who is educated and cared for at the residence or venue as part of the service.\n\n116F.Offences relating to water hazard safety inspection reports—family day care educator\n\n(1)A family day care educator who is given a water hazard safety inspection report in relation to the family day care residence or approved family day care venue at which the educator educates and cares for children must ensure that the report is kept at the residence or venue until the end of 3 years after the day on which it was completed.\n\n(2)A family day care educator must ensure that a water hazard safety inspection report kept under subregulation (1) is made available on request to the Regulatory Authority.\n\n(3)A family day care educator must ensure that a water hazard safety inspection report kept under subregulation (1) is made available on request to a parent of a child who is educated and cared for at the residence or venue.\n\n \n\n26.Regulation 117 modified\n\nDelete regulation 117(1)(b) and insert:\n\n \n\n(b)is either —\n\n(i)1 metre or less above floor level; or\n\n(ii)if the residence or family day care venue was approved before 1 December 2014 — 75 cm or less above floor level.\n\n \n\nThe note at the end of regulation 117(1) is to be deleted.\n\n27.Regulation 123 modified\n\n(1)At the beginning of regulation 123 insert:\n\n \n\n(1A)In this regulation —\n\nemergency, in relation to a child, means a serious and unexpected short‑term care emergency that requires the child to be provided with immediate education and care.\n\n \n\n(2)Delete regulation 123(1)(c) and (d) and insert:\n\n \n\n(c)for children aged 36 months of age or over (not including children over preschool age) — 1 educator to 10 children;\n\n(d)for children over preschool age — the ratio set out in the Table to regulation 369.\n\n \n\n(3)After regulation 123(1) insert:\n\n \n\n(2A)Despite regulation 122, if an educator at a centre‑based service is not working directly with children, that educator is counted as an educator at the service for the purposes of this regulation if —\n\n(a)the educator is present on the premises of the service; and\n\n(b)the educator is available immediately to provide education and care to the children at the service if required; and\n\n(c)the period of time during which the educator is not working with children is not more than 30 minutes in a day.\n\n \n\n(4)After regulation 123(6) insert:\n\n \n\n(7)Despite subregulations (1) and (2), for the purposes of determining the minimum number of educators required under this regulation, a child of a certain age is to be treated as up to 6 months older or 6 months younger than the child’s actual age if —\n\n(a)the approved provider or, if the approved provider is not an individual, the nominated supervisor, of the service —\n\n(i)is satisfied on reasonable grounds that it is developmentally appropriate for the child to be so treated; and\n\n(ii)makes and keeps a record of that decision;\n\nand\n\n(b)a parent of the child has agreed with that decision and has signed the record of the decision to indicate that agreement.\n\n \n\nThe note at the end of regulation 123(6) is to be deleted.\n\n28.Regulation 124 modified\n\n(1)In regulation 124(2)(a) delete “preschool age or under; and” and insert:\n\n \n\nchildren who are 4 years of age or under on 30 June of the current calendar year; and\n\n \n\n(2)In regulation 124(5) delete “preschool age or under,” and insert:\n\n \n\n4 years of age or under on 30 June of the current calendar year,\n\n \n\n29.Regulation 160 modified\n\nIn regulation 160(3)(g) delete “parents;” and insert:\n\n \n\nparents or any other family members;\n\n \n\n30.Regulation 177 modified\n\nAfter regulation 177(1)(d) insert:\n\n \n\n(da)a record of a decision about a child, that affects educator to child ratios at a centre‑based service, made under regulation 123(7);\n\n \n\nThe note at the end of regulation 177(1) is to be altered by deleting the passage that begins with “The Education” and ends with “Australia.”.\n\n31.Regulation 185 modified\n\nIn regulation 185 delete “parents” and insert:\n\n \n\n \n\n32.Regulation 190 modified\n\nAfter regulation 190(h) insert:\n\n \n\n(ha)regulation 102E(2) and (3) (requirements in relation to children embarking a means of transport);\n\n(hb)regulation 102F(2) and (3) (requirements in relation to children disembarking a means of transport);\n\n \n\n33.Regulation 192 modified\n\nIn regulation 192(a) delete “approved”.\n\n34.Regulation 201 modified\n\nIn regulation 201(e) delete “Administrative Appeals Tribunal” and insert:\n\n \n\n \n\n35.Regulation 209 modified\n\nIn regulation 209(e):\n\n(a)in subparagraph (i) delete “Administrative Appeals Tribunal” and insert:\n\n \n\n \n\n(b)in subparagraph (ii) delete “Administrative Appeals Tribunal Act 1975” and insert:\n\n \n\nAdministrative Review Tribunal Act 2024 (Cth)\n\n \n\n36.Regulation 223 modified\n\nIn regulation 223(g):\n\n(a)in subparagraph (i) delete “Administrative Appeals Tribunal” and insert:\n\n \n\n \n\n(b)in subparagraph (ii) delete “Administrative Appeals Tribunal Act 1975” and insert:\n\n \n\nAdministrative Review Tribunal Act 2024 (Cth)\n\n \n\n37.Regulation 227 modified\n\n(1)In regulation 227(1) delete “(2).” and insert:\n\n \n\n(2) and any matter prescribed in subregulation (2A).\n\n \n\n(2)After regulation 227(2) insert:\n\n \n\n(2A)For the purposes of section 270(5)(b) of the Law, the following matters are prescribed —\n\n(a)proceedings commenced by an allegation made under section 188AB of the Law that grounds for disciplinary action exist;\n\n(b)any order made in such proceedings.\n\n \n\n(3)In regulation 227(3) after “information” insert:\n\n \n\nin relation to an enforcement action\n\n \n\n(4)After regulation 227(3) insert:\n\n \n\n(3A)The following information in relation to a matter prescribed in subregulation (2A) may be published —\n\n(a)the nature of the allegation made under section 188AB of the Law that grounds for disciplinary action exist;\n\n(b)the provision of the Law that there has been a failure, or alleged failure, to comply with, and the circumstances of that failure, or alleged failure;\n\n(c)any relevant dates regarding the proceedings or any order made;\n\n(d)information about the content of any order made, and the reasons given for the making of the order.\n\n \n\n38.Chapter 6 Part 6.3 Division 2 heading modified\n\nIn the heading to Chapter 6 Part 6.3 Division 2 delete “17 April 2023” and insert:\n\n \n\n \n\n39.Regulation 236B modified\n\nIn regulation 236B(1), (2) and (3) delete “17 April 2023” and insert:\n\n \n\n \n\nNote: The heading to amended regulation 236B is to read:\n\nPrescribed fees and other fees between 17 June 2023 and 30 June 2023\n\n40.Regulation 239A modified\n\n(1)Delete regulation 239A(1) and insert:\n\n \n\n(1)This regulation applies until 31 December 2026 to a centre‑based service that is located in a remote area or a very remote area.\n\n \n\n(2)In regulation 239A(2) delete “or 272(1A)”.\n\n41.Regulation 241 modified\n\n(1)At the beginning of regulation 241 insert:\n\n \n\n(1A)In this regulation —\n\ninterstate preschool program means a preschool program as defined in the Education and Care Services National Law section 5(1), set out in the Schedule to the Education and Care Services National Law Act 2010 (Vic) section 5(1).\n\n \n\n(2)In regulation 241(1)(e) and (f) delete “a preschool” and insert:\n\n \n\nan interstate preschool\n\n \n\n42.Regulation 242 modified\n\n(1)Delete regulation 242(1) and insert:\n\n \n\n(1)This regulation applies until 31 December 2026.\n\n \n\n(2)Delete regulation 242(3) and insert:\n\n \n\n(3)In this regulation —\n\nrelevant regulation means regulation 130, 131, 132, 133, 134 or 379.\n\n \n\n43.Regulation 254 deleted\n\nDelete regulation 254.\n\n44.Regulation 256 modified\n\nDelete regulation 256(3) and insert:\n\n \n\n(3)In this regulation —\n\nprescribed regulation means regulation 239, 248, 250, 251 or 383.\n\n \n\n45.Regulation 257 modified\n\nDelete regulation 257(5) and insert:\n\n \n\n(5)In this regulation —\n\nprescribed regulation means regulation 239, 248, 250, 251 or 383.\n\n \n\n46.Regulation 369 modified\n\nDelete regulation 369(1) and insert:\n\n \n\n(1)This regulation sets out, for children over preschool age, educator to child ratios for the purposes of regulation 123(1)(d).\n\n \n\n47.Regulation 370 modified\n\nDelete regulation 370(3) and insert:\n\n \n\n(3)At least 1 of the qualified educators at the service must be a first qualified educator.\n\n(4)In this regulation —\n\nadvanced course means a course for a qualification on the qualifications list if, in respect of the qualification, the list specifies that an individual will be recognised as a first qualified educator if the individual —\n\n(a)has completed at least 50% of the qualification; and\n\n(b)is continuing study towards completion of the qualification;\n\nfirst qualified educator means —\n\n(a)an educator who holds a qualification on the qualifications list that the list specifies is for the position of first qualified educator; or\n\n(b)an educator who —\n\n(i)is enrolled in an advanced course; and\n\n(ii)has completed at least 50% of the course; and\n\n(iii)is meeting the requirements for maintaining enrolment in the course; and\n\n(iv)is making satisfactory progress towards completing the course;\n\nqualifications list means the list of approved qualifications for working with children over preschool age for Western Australia published under regulation 137(2)(c);\n\nqualified educator means —\n\n(a)an educator who holds a qualification on the qualifications list that the list specifies is for the position of qualified educator; or\n\n(b)an educator who is actively working towards a diploma, certificate III or certificate IV qualification on the qualifications list; or\n\n(c)an educator who is a first qualified educator.\n\n \n\n48.Schedule 2 heading and reference replaced\n\nDelete the heading to Schedule 2 and the reference after it and insert:\n\n \n\nSchedule 2 — Prescribed fees for period beginning on 17 June 2023 and ending on 30 June 2023\n\n[r. 236B]\n\n \n\n49.Schedule 3 of National Regulations modified\n\nIn Schedule 3 of the National Regulations:\n\n(a)in the item for regulation 82(1) delete “Tobacco, drug and alcohol‑free environment” and insert:\n\n \n\nEnvironment to be free from tobacco, vaping devices, vaping substances, drugs and alcohol\n\n \n\n(b)delete the item for regulation 84;\n\n(c)delete “Regulation 98” and insert:\n\n \n\nRegulation 98(1), (2)\n\n \n\n(d)delete the items for regulations 116A(1) and 116C.\n\nNotes:\n\n1.The note at the end of regulation 99 is to be deleted.\n\n2.The note at the end of regulation 141(2)(b) is to be deleted.\n\n3.The note at the end of regulation 368 is to be deleted.\n\n4.Note 2 at the end of regulation 383 is to be deleted.\n\nPart 3 — Infringement Notices\n\n50.Term used: Regulatory Authority\n\nIn this Part —\n\nRegulatory Authority has the meaning given in the Education and Care Services National Law (WA) section 5(1).\n\n51.Regulations for the purposes of Education and Care Services National Law (WA)\n\nFor the purposes of the Education and Care Services National Law (WA) —\n\n(a)an authorised officer or other person authorised by the Regulatory Authority referred to in section 291(1) of the Law are authorised officers for the purposes of the Criminal Procedure Act 2004 Part 2 in relation to infringement notices issued under that Part for an offence referred to in section 291(1) of the Law; and\n\n(b)the Regulatory Authority may, in writing, appoint persons or classes of persons to be approved officers for the purposes of the Criminal Procedure Act 2004 Part 2; and\n\n(c)if a person who is an authorised officer under paragraph (a) is not issued with an identity card under section 196(1) of the Law, the Regulatory Authority must issue to the person a certificate, badge or identity card identifying the person as a person authorised to issue infringement notices; and\n\n(d)a person who is an authorised officer under paragraph (a) may show that they are an authorised officer by producing the certificate, badge or identity card issued to them under section 196(1) of the Law or paragraph (c); and\n\n(e)the forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms.\n\n[Part 4 has not come into operation.]\n\n \n\n \n\nSchedule 1 — Forms\n\n[r. 51(e)]\n\nForm 1 — Infringement notice relating to offence under Education and Care Services National Law (WA)\n\n- Education and Care Services National Law (WA)INFRINGEMENT NOTICE Infringement\nnotice no.\n- Alleged offender Name\n- Address\n- Details of alleged offence Date or period\n- Place\n- Written law contravened Sectionof the Education and Care Services National Law (WA)orRegulationof the Education and Care Services National Law Regulations (WA)]\n- Details of offence\n- Date Date of notice\n- Issuing officer Name\n- Office\n- Signature\n- Modified penalty $_____________\n- Penalty Individual $_____ You do not have to pay this amount. This is the maximum fine that can be imposed if you are prosecuted in a court and convicted of this offence.\n- Body corporate $_____\n- TAKE NOTICE It is alleged that you have committed the above offence.If you do not want to be prosecuted in court for the offence, pay the modified penalty to the Approved Officer* within 28 days after the date of this notice.If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.If you need more time to pay the modified penalty, you should contact the Approved Officer* at the address below.Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case.If you want this matter to be dealt with by prosecution in court, sign and date here: __________________________________ / /20 and send this notice to the Approved Officer* at the address below within 28 days after the date of this notice.If you consider that you have good reason to have this notice withdrawn, you can write to the Approved Officer* at the address below requesting that this notice be withdrawn and setting out the reasons why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice.\n- How to pay By post Tick the relevant box below and post this notice to:Approved Officer — Education and Care Services National Law (WA)Department for Communities[Address]\n- oI want to pay the modified penalty by cheque or money order. A cheque or money order (payable to Approved Officer — Education and Care Services National Law (WA)) for the modified penalty is enclosed.oI want to pay the modified penalty by credit card. Please debit my credit card account.\n- Card type _____________________________Cardholder name _______________________Card number[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]Expiry date of card _____/_____Amount $__________Signature ____________________Complete all details\n- *The following are approved officers for the purposes of receiving payment of modified penalties:\n- Method of service Date of service\n\nForm 2 — Withdrawal of infringement notice relating to offence under Education and Care Services National Law (WA)\n\n- Education and Care Services National Law (WA)WITHDRAWAL OF INFRINGEMENT NOTICE Withdrawal no.\n- Alleged offender Name\n- Address\n- Details of infringement notice Infringement notice no.\n- Date of issue\n- Details of alleged offence Date or period\n- Place\n- Written law contravened Sectionof the Education and Care Services National Law (WA)orRegulationof the Education and Care Services National Law Regulations (WA)\n- Details of offence\n- Approved Officer withdrawing notice Name\n- Office\n- Signature\n- Date Date of withdrawal\n- Withdrawal of infringement notice[*Delete whichever is not applicable] The above infringement notice issued against you for the above alleged offence has been withdrawn.If you have already paid the modified penalty for the alleged offence, you are entitled to a refund.Your refund is enclosed.orIf you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to:Approved Officer — Education and Care Services National Law (WA)\nDepartment for Communities[Address]\n- Your signature Date\n\n![](02000002.jpg?OpenElement \"\")\n\n \n\nNotes\n\nThis is a compilation of the Education and Care Services National Law Application (Local Regulations) Regulations 2026. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.\n\nCompilation table\n\n| Citation | Published | Commencement |\n| --- | --- | --- |\n| Education and Care Services National Law Application (Local Regulations) Regulations 2026 (other than Pt. 4) | SL 2026/51 30 Apr 2026 | 1 May 2026 (see r. 2(a)) |\n|  |  |  |\n\nUncommenced provisions table\n\nTo view the text of the uncommenced provisions see Subsidiary legislation as made on the WA legislation website.\n\n| Citation | Published | Commencement |\n| --- | --- | --- |\n| Education and Care Services National Law Application (Local Regulations) Regulations 2026 Pt. 4 | SL 2026/51 30 Apr 2026 | Part 4 (other than r. 53-55): on the earlier of 1 Jul 2027 or the day on which r. 55 comes into operation (see r. 2(b) and (d));   r. 53 and 54: 1 Jul 2027 (see r. 2(c));   r. 55: if the Education and Care Services National Further Amendment Regulations 2025 have effect for the purposes of Pt. 2 of Act under s. 13(2) of the Act, on the day on which r. 62 of those regulations comes into operation under s. 14 of the Act (see r. 2(d)) |\n|  |  |  |\n\n \n\nDefined terms\n\n \n\n[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]\n\nDefined termProvision(s)\n\nRegulatory Authority50\n\n \n\n \n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2026.\n\nBy Authority: ANDREW JONES, Government Printer","sortOrder":6}],"analysis":{"flash_summary":{"_sourceCoverage":{"mode":"whole_source","sourceChars":40256,"sourceSha256":"dbfd4dd2951a236b19862d0c6c939fb702eacc20761479a41cf33be0fa661f09","suppliedChars":40256},"complexity_score":8,"scope_assessment":{"changed":false,"description":"The supplied text does not state an original purpose separately, so a definitive comparison is not possible. On its face, the instrument remains a set of Western Australian local modifications to the National Regulations. It adds substantial, detailed water-hazard requirements for family day care, alongside other local adjustments, but the text alone does not show that the instrument has grown significantly beyond its apparent function of adapting those regulations for Western Australia."},"complexity_factors":["The instrument makes changes across 51 numbered regulations and multiple schedules rather than setting out a single, self-contained scheme.","The water-hazard regime has several connected, conditional requirements: restrictions on engaging educators (regulation 32B), a register (32C), safety devices (32D), and inspections and reports (32E and 116D–116F).","Inspection timing and methods depend on conditions, including monthly intervals and limits on virtual inspections unless the Regulatory Authority approves them (regulation 32E).","Reporting duties have different deadlines depending on whether an inspection identifies a safety issue: 24 hours or 7 days (regulation 116D).","Commencement is divided across dates and conditional events, including provisions tied to the commencement of other regulations (regulation 2).","The instrument amends national provisions by inserting, deleting and replacing text, so its effect can depend on reading the modified National Regulations alongside these regulations.","Staffing and qualification rules include exceptions and defined terms, including the age-adjustment option in regulation 123(7) and the qualification categories in regulation 370."],"plain_english_summary":"These Western Australian regulations adapt the national education and care rules for local use. They add detailed swimming-pool and water-hazard controls for family day care, including monthly inspections, written reports and record-keeping. They also change requirements concerning emergency contacts, staffing ratios, qualifications and infringement notices. The changes affect service providers, educators, families and the Regulatory Authority. This is general legal information, not legal advice; Zoe can make mistakes. Have a qualified Australian lawyer check it before you act on or rely on it."}},"importantCases":[],"_links":{"self":"/api/acts/education-and-care-services-national-law-application-local-regulations-regulations-2026","history":"/api/acts/education-and-care-services-national-law-application-local-regulations-regulations-2026/history","analysis":"/api/acts/education-and-care-services-national-law-application-local-regulations-regulations-2026/analysis","conflicts":"/api/acts/education-and-care-services-national-law-application-local-regulations-regulations-2026/conflicts","importantCases":"/api/acts/education-and-care-services-national-law-application-local-regulations-regulations-2026/important-cases","documents":"/api/acts/education-and-care-services-national-law-application-local-regulations-regulations-2026/documents"}}