{"id":"education-and-early-childhood-services-registration-and-standards-regulations-2025","name":"Education and Early Childhood Services (Registration and Standards) Regulations 2025","slug":"education-and-early-childhood-services-registration-and-standards-regulations-2025","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235397,"registerId":"sa-education-and-early-childhood-services-registration-and-standards-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Education and Early Childhood Services (Registration and Standards) Regulations 2025","content":"South Australia\nEducation and Early Childhood Services (Registration and Standards) Regulations 2025\nunder the Education and Early Childhood Services (Registration and Standards) Act 2011\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\nPart 2—Regulations relating to administration\n4\tPower of delegation—Minister\n5\tPrescribed childcare bodies\n6\tPrescribed designated entities\n7\tPrescribed offences\n8\tPrescribed peak bodies\n9\tPower of delegation—Board\n10\tAnnual report\nPart 3—Regulations relating to residual early childhood services\nDivision 1—Exemptions\n11\tExemptions\nDivision 2—General provisions\n12\tEarly childhood services\n13\tPrescribed documents\n14\tPrescribed class of persons etc taken to be approved providers\n15\tService approvals\nDivision 3—Regulations applying to residual early childhood services in place of national regulations\nSubdivision 1—Preliminary\n16\tInterpretation\n17\tCertain requirements under Education and Care Services National Law (South Australia) to be determined by Board\nSubdivision 2—Provider approvals\n18\tApplications for provider approvals etc\n19\tMaximum period of suspension of provider approval\nSubdivision 3—Service approvals\n20\tApplications for service approvals etc\n21\tAdditional grounds for refusal to grant service approval\n22\tCondition on service approval—insurance\n23\tCondition on service approval—entitlement to occupy premises\n24\tCondition on service approval—educator to child ratios\n25\tCondition on service approval—educator qualifications\n26\tCondition on service approval—in‑home care services and family day care services\n27\tPrescribed information—notifications\n28\tMaximum period of suspension of service approval\nSubdivision 4—Operational requirements\n29\tCertain parts of national regulations to apply to residual early childhood services\nDivision 4—Standards\n30\tStandards applying to residual early childhood services\nPart 4—Regulations relating to schools\n31\tEducation services—exclusions\n32\tFull fee paying overseas students—exclusions\n33\tRequirements for registration on schools register\n34\tPrescribed bodies\n35\tCertificates of registration\n36\tRequirements for endorsement of registration with approval to enrol full fee paying overseas students\n37\tRequirements for reviews of registration\n38\tRecords to be kept by registered schools\nPart 5—Miscellaneous\n39\tFees\nSchedule 1—Specified entities—early childhood services\nSchedule 2—Fees\nSchedule 3—Repeal of Education and Early Childhood Services (Registration and Standards) Regulations 2011\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Education and Early Childhood Services (Registration and Standards) Regulations 2025.\n2—Commencement\nThese regulations come into operation on 1 December 2025.\n3—Interpretation\n\t(1)\tIn these regulations—\nAct means the Education and Early Childhood Services (Registration and Standards) Act 2011;\nSchedule 1 early childhood service—see regulation 12(1).\n\t(2)\tIn these regulations, a reference to the granting of an approval or certificate includes a reference to an approval or certificate taken to be granted by the operation of the Act or the Education and Care Services National Law (South Australia).\nPart 2—Regulations relating to administration\n4—Power of delegation—Minister\nFor the purposes of section 20(1) of the Act, the functions and powers under the following provisions of the Act are prescribed:\n\t(a)\tsection 19;\n\t(b)\tsection 22;\n\t(c)\tsection 24;\n\t(d)\tsection 62.\n5—Prescribed childcare bodies\nFor the purposes of section 22(2)(e) of the Act, the following childcare bodies are prescribed:\n\t(a)\tAustralian Childcare Alliance South Australia Incorporated;\n\t(b)\tCommunity Children's Centres SA Incorporated;\n\t(c)\tFamily Day Care Educators Association of South Australia Incorporated;\n\t(d)\tOut of School Hours Care Association Incorporated.\n6—Prescribed designated entities\nFor the purposes of section 22(4)(b) of the Act, the following designated entities are prescribed:\n\t(a)\tAssociation of Independent Schools of South Australia;\n\t(b)\tAssociation of Principals of Catholic Secondary Schools;\n\t(c)\tAustralian Childcare Alliance South Australia Incorporated;\n\t(d)\tAustralian Children's Education and Care Quality Authority;\n\t(e)\tAustralian Community Children's Services (SA) Incorporated;\n\t(f)\tAustralian Education Union (SA Branch);\n\t(g)\tCatholic School Parents South Australia;\n\t(h)\tChild Development Council;\n\t(i)\tCommunity Children's Centres SA Incorporated;\n\t(j)\tEarly Childhood Australia South Australia Committee;\n\t(k)\tFamily Day Care Educators Association of South Australia Incorporated;\n\t(l)\tFlinders University;\n\t(m)\tIndependent Education Union (South Australia) Incorporated;\n\t(n)\tThe Isolated Children's Parents' Association of South Australia Incorporated;\n\t(o)\tthe Minister to whom the administration of the Carers Recognition Act 2005 is committed;\n\t(p)\tthe Minister to whom the administration of the Health Care Act 2008 is committed;\n\t(q)\tthe Minister to whom the administration of the South Australian Skills Act 2008 is committed;\n\t(r)\tMulticultural Education and Languages Committee;\n\t(s)\tOffice of the Guardian for Children and Young People;\n\t(t)\tOut of School Hours Care Association Incorporated;\n\t(u)\tPitjantjatjara Yankunytjatjara Education Committee;\n\t(v)\tPreschool Directors Association of South Australia Incorporated;\n\t(w)\tPublic Service Association of South Australia Incorporated;\n\t(x)\tSACE Board of South Australia;\n\t(y)\tSmall Schools Association of South Australia (SSASA) Incorporated;\n\t(z)\tSouth Australian Area Schools Leaders Association Incorporated;\n\t(za)\tSouth Australian Association of School Parent Communities Incorporated;\n\t(zb)\tSouth Australian Association of State School Organisations Incorporated;\n\t(zc)\tSouth Australian Catholic Primary Principals Association;\n\t(zd)\tSouth Australian Commission for Catholic Schools Incorporated;\n\t(ze)\tSouth Australian Employers' Chamber of Commerce and Industry Incorporated (South Australian Business Chamber);\n\t(zf)\tThe South Australian Primary Principals Association Incorporated;\n\t(zg)\tSouth Australian Secondary Principals Association Incorporated;\n\t(zh)\tSouth Australian Special Education Principals and Leaders Association;\n\t(zi)\tTeachers Registration Board of South Australia;\n\t(zj)\tUnited Workers Union (SA Branch);\n\t(zk)\tThe University of Adelaide;\n\t(zl)\tUniversity of South Australia.\n7—Prescribed offences\nFor the purposes of section 23(4)(d) of the Act, the following offences are prescribed:\n\t(a)\tan offence of a sexual nature committed against, or in relation to, a minor;\n\t(b)\tan offence of dishonesty under the Act.\n8—Prescribed peak bodies\nFor the purposes of section 29(2)(b) of the Act, the following peak bodies are prescribed:\n\t(a)\tAssociation of Independent Schools of South Australia;\n\t(b)\tSouth Australian Commission for Catholic Schools Incorporated.\n9—Power of delegation—Board\nFor the purposes of section 32(1) of the Act, the functions and powers under the following provisions of the Act are prescribed:\n\t(a)\tsection 29(1)(a), (b) and (d);\n\t(b)\tsection 30(2).\n10—Annual report\nFor the purposes of section 40(2)(a), the annual report of the Board must contain the following information:\n\t(a)\ta report on consultation undertaken for the purposes of the Act during the relevant year and an assessment of the extent to which this has assisted the Board in the performance of its functions;\n\t(b)\tany information required to be included in the annual report under the Education and Care Services National Law (South Australia);\n\t(c)\tany other information that the Minister may reasonably require to be included in the annual report.\nPart 3—Regulations relating to residual early childhood services\nDivision 1—Exemptions\n11—Exemptions\n\t(1)\tThe Board may, by notice in writing—\n\t(a)\texempt a person, or class of persons, subject to such conditions as the Board thinks fit and specifies in the notice, from specified provisions of the Education and Care Services National Law (South Australia) as they apply to, or in relation to, residual early childhood services; or\n\t(b)\tvary or revoke an exemption, or a condition of an exemption, under this regulation or impose a further condition.\n\t(2)\tA person who contravenes a condition of an exemption is guilty of an offence.\nMaximum penalty: $10 000.\nDivision 2—General provisions\n12—Early childhood services\n\t(1)\tFor the purposes of section 4(1)(e) of the Act, a service of a kind provided by an entity specified in Schedule 1 (a Schedule 1 early childhood service) is of a kind declared to be included in the ambit of the definition of early childhood services in section 4(1) of the Act.\n\t(2)\tFor the purposes of the definition of in‑home care services in section 4 of the Act, services (not being services that are an education and care service within the meaning of the Education and Care Services National Law (South Australia)) of the following kinds are in‑home care services:\n\t(a)\ta service comprising the provision of care to children in their own homes in the temporary absence of the children's parents or guardians;\n\t(b)\ta service comprising the introduction of parents or guardians of children to a person who will care for the children in their own homes in the temporary absence of the children's parents or guardians,\nother than a service comprising—\n\t(c)\ta personal arrangement (within the meaning of the Education and Care Services National Law (South Australia)); or\n\t(d)\ta person engaged by a parent or guardian of a child to babysit the child in the child's home; or\n\t(e)\ta babysitting, playgroup or child minding service that is organised informally by the parents of the children concerned; or\n\t(f)\tcare provided to a child by a person in accordance with a parenting order under the Family Law Act 1975 of the Commonwealth or the Family Court Act 1997 of Western Australia; or\n\t(g)\tcare provided to a child in accordance with a placement under section 77 or 84 of the Children and Young People (Safety) Act 2017.\n\t(3)\tFor the purposes of the definition of occasional care services in section 4 of the Act, a service (not being services that are an education and care service within the meaning of the Education and Care Services National Law (South Australia)) comprising the care for fee or reward in a place other than a child's home of 4 or more children of preschool age or younger is an occasional care service (however, such a service will be taken not to be an occasional care service if a parent or guardian of the children remains on site and is available to care for their child if required).\n\t(4)\tFor the purposes of the definition of rural and mobile care services in section 4 of the Act, services (not being a service that is an education and care service within the meaning of the Education and Care Services National Law (South Australia)) of the following kinds are rural and mobile care services:\n\t(a)\ta service comprising the care, in a community venue in a rural community, of not more than 7 children at a particular time, of whom—\n\t(i)\tnot more than 4 are children under school age; and\n\t(ii)\tnot more than 3 are school age children;\n\t(b)\ta service providing care to children of preschool age or under at multiple locations and that transports its equipment and materials to those locations.\n\t(5)\tIn this regulation—\nmetropolitan Adelaide means Metropolitan Adelaide as defined by General Registry Office Plan 639/93;\nrural community means a community located outside of metropolitan Adelaide.\n13—Prescribed documents\n\t(1)\tFor the purposes of Schedule 2 clause 3(1)(h) of the Act, the documents that an approved provider must keep are such documents as may be specified by the Board from time to time.\nNote—\nSchedule 2 clause 3(1)(h) of the Act modifies section 175(1) of the Education and Care Services National Law (South Australia) as it applies to residual early childhood services.\nRegulation 29(3) provides that the record keeping requirements under Chapter 4 of the national regulations, as it applies to residual early childhood services, do not apply to residual early childhood services.\n\t(2)\tAn approved provider must keep a record referred to in subregulation (1)—\n\t(a)\tfor a period of not less than 3 years (or such longer period as may be specified by the Board); and\n\t(b)\tin a place, and in a manner, that complies with any requirements determined by the Board for the purposes of this subregulation.\n14—Prescribed class of persons etc taken to be approved providers\nFor the purposes of Schedule 3 clause 29(g) of the Act, a person or body who, immediately before the commencement of this regulation, operated a Schedule 1 early childhood service is declared to be included in the ambit of clause 29.\n15—Service approvals\nFor the purposes of Schedule 3 clause 30(1)(e) of the Act, the following services are declared to be included in the ambit of clause 30:\n\t(a)\ta family day care service provided under the Children's Services Act 1985 immediately before the commencement of that clause (other than a family day care service that is an education and care service within the meaning of the Education and Care Services National Law (South Australia));\n\t(b)\ta Schedule 1 early childhood service.\nDivision 3—Regulations applying to residual early childhood services in place of national regulations\nSubdivision 1—Preliminary\n16—Interpretation\n\t(1)\tIn this Division, a term or phrase that is defined in the Education and Care Services National Law (South Australia) or the national regulations has the same meaning as in that Law or those regulations (as the case requires).\n\t(2)\tIn this Division, a reference to the Education and Care Services National Law (South Australia) will be taken to be a reference to that Law as it applies to residual early childhood services.\n17—Certain requirements under Education and Care Services National Law (South Australia) to be determined by Board\nIf the Education and Care Services National Law (South Australia) requires a matter to be prescribed by, or determined in accordance with, the national regulations, and the matter is not the subject of a regulation under this Division, then the Board may prescribe or determine the matter according to its discretion (including, to avoid doubt, by not requiring compliance with the provision).\nSubdivision 2—Provider approvals\n18—Applications for provider approvals etc\n\t(1)\tThe prescribed information in respect of an application under the Education and Care Services National Law (South Australia) for—\n\t(a)\ta provider approval; or\n\t(b)\tan amendment of a provider approval; or\n\t(c)\tvoluntary suspension of a provider approval; or\n\t(d)\ta provider approval made under section 39(5) of the Education and Care Services National Law (South Australia); or\n\t(e)\ta provider approval made under section 40 of the Education and Care Services National Law (South Australia),\nis such information as may be determined by the Board from time to time.\n\t(2)\tAn application must be accompanied by the appropriate fee as set out in Schedule 2.\n\t(3)\tIn determining the information required in relation to an application, the Board should have regard to the requirements (if any) for similar applications under the Education and Care Services National Law (South Australia) and the national regulations as applying to education and care services.\n19—Maximum period of suspension of provider approval\nThe prescribed maximum period of suspension of a provider approval under section 27(b)(i) or 33(1)(a)(ii) of the Education and Care Services National Law (South Australia) is 12 months.\nSubdivision 3—Service approvals\n20—Applications for service approvals etc\n\t(1)\tThe prescribed information in respect of an application under the Education and Care Services National Law (South Australia) for—\n\t(a)\ta service approval; or\n\t(b)\tan amendment of a service approval; or\n\t(c)\tvoluntary suspension of a service approval,\nis such information as may be determined by the Board from time to time.\n\t(2)\tAn application must be accompanied by the appropriate fee as set out in Schedule 2.\n\t(3)\tIn determining the information required in relation to an application, the Board should have regard to the requirements (if any) for similar applications under the Education and Care Services National Law (South Australia) and the national regulations as applying to education and care services.\n21—Additional grounds for refusal to grant service approval\nThe Board may refuse to grant a service approval on the following grounds:\n\t(a)\tthe Board is not satisfied that the applicant is capable of operating the proposed service in a way that meets the requirements of the Education and Care Services National Law (South Australia) or these regulations;\n\t(b)\tin the case of a centre‑based service—the Board is not satisfied that the applicant is entitled to occupy the premises proposed as the place at which the service will operate.\n22—Condition on service approval—insurance\nA service approval is granted subject to a condition that the approved provider must hold the following insurance in respect of the residual early childhood service:\n\t(a)\ta current policy of insurance providing adequate cover for the residual early childhood service against public liability with a minimum cover of $10 000 000;\n\t(b)\ta policy of insurance or an indemnity against public liability provided by the Government in respect of the residual early childhood service.\n23—Condition on service approval—entitlement to occupy premises\nA service approval for a centre‑based service is granted subject to the condition that the service continues to be entitled to occupy the premises at which the residual early childhood service operates.\n24—Condition on service approval—educator to child ratios\n\t(1)\tA service approval for a residual early childhood service is granted subject to the condition that the approved provider must comply with any requirements regarding the minimum number of educators required to educate and care for children at the residual early childhood service when children are being educated and cared for by the service as may be determined by the Board from time to time.\n\t(2)\tTo avoid doubt, and without limitation, a determination of the Board may differ according to a specified class of residual early childhood service and the ages of the children being educated and cared for by the service.\n25—Condition on service approval—educator qualifications\n\t(1)\tA service approval for a residual early childhood service is granted subject to the condition that the approved provider must ensure that each educator educating and caring for children at the residual early childhood service meets any qualification requirements for educators as may be determined by the Board from time to time.\n\t(2)\tTo avoid doubt, and without limitation, a determination of the Board may differ according to a specified class of residual early childhood service, the role of the educator and the ages of the children being educated and cared for by the educator.\n26—Condition on service approval—in‑home care services and family day care services\nA service approval for a residual early childhood service that is an in‑home care service or a family day care service is granted subject to a condition that the approved provider must comply with any standards or requirements determined by the Board from time to time in relation to the operation of such services.\n27—Prescribed information—notifications\n\t(1)\tThe prescribed information for notices under the following sections of the Education and Care Services National Law (South Australia) is such information as may be determined by the Board from time to time:\n\t(a)\tsection 56;\nNote—\nSection 56 relates to a change of nominated supervisor.\n\t(b)\tsection 59.\nNote—\nSection 59 relates to the transfer of a service approval for a centre‑based service.\n\t(2)\tIn determining the information required in relation to a notice, the Board should have regard to the requirements (if any) for similar notices under the Education and Care Services National Law (South Australia) and the national regulations as applying to education and care services.\n28—Maximum period of suspension of service approval\nThe prescribed maximum period of suspension of a service approval under sections 72(b)(i) and 79(1)(a)(ii) of the Education and Care Services National Law (South Australia) is 12 months.\nSubdivision 4—Operational requirements\n29—Certain parts of national regulations to apply to residual early childhood services\n\t(1)\tSubject to this regulation and to any modification of the national regulations made by or under the Act, Chapter 4 of the national regulations applies to residual early childhood services as if they were education and care services within the meaning of the Education and Care Services National Law (South Australia).\n\t(2)\tChapter 4 of the national regulations (as it applies pursuant to subregulation (1)) does not apply to, or in relation to, a residual early childhood service that is an in‑home care service or a family day care service.\nNote—\nRegulation 26 permits the Board to set operational requirements for in‑home care services or family day care services by way of conditions imposed on their service approval.\n\t(3)\tA provision of Chapter 4 of the national regulations that imposes a requirement in relation to the keeping or making of records does not apply to, or in relation to, a residual early childhood service.\nNote—\nRegulation 13 sets out what records must be made by approved providers and how they must be kept.\nOther provisions of Chapter 4 of the national regulations may not apply to, or in relation to, residual early childhood services. For example, regulations that are made for the purposes of provisions of the Education and Care Services National Law (South Australia) that do not apply to, or in relation to, residual early childhood services under the Act (see Schedule 2 of the Act).\nDivision 4—Standards\n30—Standards applying to residual early childhood services\n\t(1)\tFor the purposes of Schedule 2 clause 3(2) of the Act, the standards approved or adopted by the Board from time to time for the purposes of that subclause are prescribed.\n\t(2)\tTo avoid doubt, a particular standard may apply to all residual early childhood services or a specified class of residual early childhood services.\nPart 4—Regulations relating to schools\n31—Education services—exclusions\nFor the purposes of the definition of education services in section 3(1) of the Act, the following services are declared not to be included in the ambit of that definition:\n\t(a)\tlessons or coaching in, or providing for participation in, a linguistic, cultural, recreational, religious or sporting activity;\n\t(b)\tprivate tutoring.\n32—Full fee paying overseas students—exclusions\nFor the purposes of section 3(3) of the Act, the following students or classes of students are, in respect of the specified activities, declared not to be full fee paying overseas students:\n\t(a)\ta student or class of students referred to in section 3(3)(a) of the Act receiving lessons or coaching in, or providing for participation in, a linguistic, cultural, recreational, religious or sporting activity;\n\t(b)\ta student or class of students referred to in section 3(3)(a) of the Act receiving private tutoring;\n\t(c)\ta student or class of students taking part in a student exchange program organised by a registered school.\n33—Requirements for registration on schools register\n\t(1)\tFor the purposes of section 43(1)(c) of the Act, it is a requirement that the school must comply, or be able to comply, with the standards for registration and review of registration of schools in South Australia.\n\t(2)\tIn this regulation—\nstandards for registration and review of registration of schools in South Australia means the standards for registration and review of registration of schools in South Australia published by the Board after consultation with the members of the Board appointed under section 22(2)(b), (c) and (d) of the Act, as in force from time to time.\n34—Prescribed bodies\nFor the purposes of section 43(3) of the Act, the following bodies are prescribed:\n\t(a)\tAssociation of Independent Schools of South Australia;\n\t(b)\tAssociation of Principals of Catholic Secondary Schools;\n\t(c)\tAustralian Education Union (SA Branch);\n\t(d)\tCatholic School Parents South Australia;\n\t(e)\tIndependent Education Union (South Australia) Incorporated;\n\t(f)\tThe Isolated Children's Parents' Association of South Australia Incorporated;\n\t(g)\tMulticultural Education and Languages Committee;\n\t(h)\tPitjantjatjara Yankunytjatjara Education Committee;\n\t(i)\tSACE Board of South Australia;\n\t(j)\tSmall Schools Association of South Australia (SSASA) Incorporated;\n\t(k)\tSouth Australian Area Schools Leaders Association Incorporated;\n\t(l)\tSouth Australian Association of School Parent Communities Incorporated;\n\t(m)\tSouth Australian Association of State School Organisations Incorporated;\n\t(n)\tSouth Australian Catholic Primary Principals Association;\n\t(o)\tSouth Australian Commission for Catholic Schools Incorporated;\n\t(p)\tThe South Australian Primary Principals Association Incorporated;\n\t(q)\tSouth Australian Secondary Principals Association Incorporated;\n\t(r)\tSouth Australian Special Education Principals and Leaders Association;\n\t(s)\tTeachers Registration Board of South Australia;\n\t(t)\tUnited Workers Union (SA Branch).\n35—Certificates of registration\nFor the purposes of section 45 of the Act, a certificate of registration must be in a form approved by the Board.\n36—Requirements for endorsement of registration with approval to enrol full fee paying overseas students\nFor the purposes of section 49(1) of the Act, the following requirements must be satisfied:\n\t(a)\tif the endorsement relates to overseas students within the meaning of the Education Services for Overseas Students Act 2000 of the Commonwealth—the registered school—\n\t(i)\tmust comply, or be able to comply, with—\n\t(A)\tany standard or code of practice prepared or adopted for the purposes of this paragraph by the Board, as in force from time to time; or\n\t(B)\tif no such standard or code of practice has been prepared or adopted—the standards for registered providers contained in the National Code of Practice for Providers of Education and Training to Overseas Students under that Act, as in force from time to time; and\n\t(ii)\tmust be registered on the Commonwealth Register of Institutions and Courses for Overseas Students under that Act;\n\t(b)\tif the endorsement relates to students other than overseas students within the meaning of the Education Services for Overseas Students Act 2000 of the Commonwealth—the registered school must comply, or be able to comply, with any standard or code of practice prepared or adopted for the purposes of this paragraph by the Board, as in force from time to time;\n\t(c)\tin any case—the registered school must comply, or be able to comply, with any other requirement determined by the Board for the purposes of this paragraph.\n37—Requirements for reviews of registration\n\t(1)\tFor the purposes of section 54(1) of the Act, a review of the registration of a registered school must satisfy the following requirements:\n\t(a)\tthe review must be undertaken in accordance with the standards for registration and review of registration of schools in South Australia;\n\t(b)\ta review must be undertaken at least once in each 5 year period in accordance with the following provisions:\n\t(i)\tif the registered school was first registered after the commencement of this regulation, the first review must be undertaken not later than 5 years after the date of registration;\n\t(ii)\tif the registration of the registered school has not been reviewed in the 5 years immediately preceding the commencement of this regulation, the first review following the commencement of this regulation must be undertaken not later than 5 years after the date of registration;\n\t(iii)\tsubsequent reviews must be undertaken not later than 5 years after a preceding review (including a preceding review undertaken before the commencement of this regulation).\n\t(2)\tIn this regulation—\nstandards for registration and review of registration of schools in South Australia means the standards for registration and review of registration of schools in South Australia published by the Board after consultation with the members of the Board appointed under section 22(2)(b), (c) and (d) of the Act, as in force from time to time.\n38—Records to be kept by registered schools\n\t(1)\tFor the purposes of section 56(1)(b) of the Act, a registered school is required to keep such records as the Board may determine for the purposes of this subregulation.\n\t(2)\tA registered school must keep a record referred to in subregulation (1)—\n\t(a)\tfor a period of not less than 7 years (or such longer period as may be specified by the Board); and\n\t(b)\tin a place, and in a manner, that complies with the requirements (if any) determined by the Board for the purposes of this subregulation.\nPart 5—Miscellaneous\n39—Fees\n\t(1)\tThe fees for the purposes of the Act (including fees payable by, or in relation to, residual early childhood services for a matter under the Education and Care Services National Law (South Australia) as it applies to those services) are as set out in Schedule 2.\nNote—\nSchedule 2 clause 2(4) of the Act provides that the fees set under the Education and Care Services National Law (South Australia) do not apply to residual early childhood services.\n\t(2)\tThe Board may waive or remit the whole or any part of a fee payable under the Act.\nSchedule 1—Specified entities—early childhood services\n(regulation 12(1))\nNote—\nThe location of an entity specified in this Schedule is provided for convenience of reference only.\nKaurna Plains Childcare Centre (located at Kaurna Plains School, 83 Ridley Road, Elizabeth)\nKoonibba Child Care Centre (located at 1 Highfold Street, Koonibba)\nKura Yerlo Children's Centre (located at 178‑180 Tapleys Hill Road, Royal Park)\nMarree Aboriginal School Creche (located at First Street, Marree)\nMilang Old School House Community Centre (located at 24‑25 Daranda Terrace, Milang)\nMinya Bunhii Children's Centre (located at 1 Kelly Street, Ceduna)\nPort Lincoln Children's Centre Inc (located at 80 Saint Andrews Terrace, Port Lincoln)\nTjitji Tjapu Tjuta Childcare Centre (located at Lot 315 Robins Boulevard, Coober Pedy)\nWynbring Jida M.A.C.S Child Care Centre (located at 2‑4 Booth Street, Whyalla Stuart, Whyalla)\nSchedule 2—Fees\n\nItem\nFee\nItems related to residual early childhood services\n\nApplication fee for provider approval\n$200\nApplication fee for service approval\n$400\nFee for notice of transfer of a service approval (section 59 of Education and Care Services National Law (South Australia))\n$100\nApplication for exemption (section 17 of Act or regulation 11)\nno fee\nItems related to schools\n\nCopy of schools register (section 41(6) of Act)—\n\n\t(a)\tfor electronic copy of register\n$65\n\t(b)\tfor a hard copy of register\n$5 per page\nApplication for registration on schools register (section 43(4)(b) of Act)\n$300\nReinstatement fee (section 48(5)(b) of Act)\n$0\nApplication for endorsement of registration (section 49(2)(c) of Act)—\n\n\t(a)\tif the school is a primary school\nno fee\n\t(b)\tif the school is a secondary school with—\n\n\t(i)\tnot more than 10 students\n$500\n\t(ii)\tmore than 10 but not more than 20 students\n$1 000\n\t(iii)\tmore than 20 students\n$2 000\nCopy of register of prohibition orders (section 65(6) of Act)—\n\n\t(a)\tfor electronic copy of register\n$65\n\t(b)\tfor a hard copy of register\n$5 per page\nSchedule 3—Repeal of Education and Early Childhood Services (Registration and Standards) Regulations 2011\nThe Education and Early Childhood Services (Registration and Standards) Regulations 2011 are repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2025\n131\nGazette 27.11.2025 p4652 \n1.12.2025: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations re‑specify which services and students fall inside or outside the Act’s regulatory ambit by (a) declaring certain Schedule 1 entities to be early childhood services (reg 12(1) and Schedule 1), (b) excluding specified education activities and some students from the definition of education services and full fee paying overseas students (regs 31–32), and (c) repealing the 2011 Regulations (Schedule 3). These steps effectively alter the practical scope of regulatory coverage and delegate numerous scope‑defining choices to the Board (reg 17)."},"complexity_factors":["Wide Board discretion to prescribe or determine matters that national regulations would otherwise set, including the ability to ‘not require compliance’ (reg 17).","Delegation of multiple statutory functions to Minister and Board across the Act (reg 4; reg 9) increasing administrative routing and decision layers.","Multiple bespoke conditions attached to service approvals (insurance, occupancy, educator:child ratios, qualifications) that the Board may vary or specify by determination (regs 22–26).","Differential record‑keeping regimes and time periods: approved providers for residual early childhood services (3 years, reg 13) versus registered schools (7 years, reg 38), and carve‑outs from national record rules (reg 29(3)).","Exemption power with criminal sanction for breaching conditions (reg 11(1)–(2), maximum penalty $10,000) creating compliance and enforcement complexity.","Overlap and interaction with the Education and Care Services National Law (South Australia) and national regulations, including selective application of Chapter 4 and multiple modification points (regs 16, 29, 30).","Prescriptive lists of prescribed bodies and entities across administration and schools (regs 5, 6, 34) which may affect consultation and standard‑setting processes.","Tiered fees and exemptions across different application types and student classes (Schedule 2), requiring administrative fee handling and potential waivers (reg 39(2)).","Repeal of prior regulations (Schedule 3) combined with new definitions and schedule lists (Schedule 1) that reframe which services fall within regulation (reg 12; Schedule 1)."],"plain_english_summary":"These regulations, commencing 1 December 2025, set out how schools and certain ‘‘residual’’ early childhood services in South Australia are registered, approved and regulated. They prescribe who counts as covered providers and peak bodies, set application fees and record‑keeping periods, impose insurance and educator requirements, and give the Board and Minister powers to delegate or determine many operational details.\n\nThey affect approved providers, schools, educators and applicants by shifting compliance costs to providers (fees, minimum records, insurance) and concentrating decision‑making discretion with the Board and Minister (see regs 11, 13, 22, 29)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with the original scope of the 2011 Act. They maintain the established framework of regulating both school registration and early childhood services, with particular attention to 'residual' services falling outside national law coverage. The 2025 version updates fee structures, refines exemption powers, and clarifies record-keeping requirements without expanding into new substantive areas beyond the Act's original intent."},"complexity_factors":["Heavy cross-referencing to the Education and Care Services National Law (South Australia) and the parent Act 2011, requiring readers to consult multiple documents simultaneously","Nested conditional logic in service approval conditions (regulations 22-26) with multiple classes of services treated differently","Dual regulatory frameworks operating in parallel — national regulations apply to some services but not others, with this regulation filling gaps for 'residual' services","Multiple defined terms and concepts imported by reference from other legislation (e.g., 'education and care service', 'national regulations', 'personal arrangement')","Board discretion powers scattered throughout (at least 10 instances where the Board may 'determine' or 'specify' requirements rather than fixed rules)","Exceptions to exceptions structure — e.g., regulation 29 applies Chapter 4 of national regulations, then regulation 29(2) exempts in-home/family day care, then regulation 29(3) exempts record-keeping provisions","Schedule-based entity listing (Schedule 1) creating a two-tier system where listed entities get different treatment","Temporal transition provisions (regulation 14) dealing with pre-existing operators"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the detailed rules for how education and early childhood services operate in South Australia. They work under the main **Education and Early Childhood Services (Registration and Standards) Act 2011** to fill in the practical details that the Act doesn't cover.\n\n**Who it affects:**\n\n- **Early childhood services** — specifically \"residual\" services that aren't covered by national laws (like certain in-home care, occasional care, and rural/mobile services run by specific community organisations listed in Schedule 1)\n- **Schools** — both government and non-government schools seeking registration to operate in South Australia\n- **The Education Standards Board** — the body that oversees compliance and can grant approvals, exemptions, and set conditions\n- **Parents and children** — who benefit from safety standards, insurance requirements, and educator qualification rules\n\n**Key things it covers:**\n\n- **Approvals and registration**: Sets out how providers apply to run early childhood services or schools, what fees they pay (ranging from $0 to $2,000 depending on the service), and what conditions attach to approvals (like mandatory $10 million public liability insurance)\n- **Standards**: Requires services to meet safety and quality standards set by the Board, with specific rules for educator-to-child ratios and qualifications\n- **Record keeping**: Mandates that schools keep records for at least 7 years and early childhood providers for at least 3 years\n- **Exemptions**: Allows the Board to grant exemptions from rules in specific circumstances\n- **Overseas students**: Sets extra requirements for schools wanting to enrol international students\n\n**Why it matters:**\n\nThese regulations ensure that anyone providing education or childcare in South Australia meets minimum safety, quality, and accountability standards. They protect children by requiring proper insurance, qualified staff, and regular reviews, while giving the Board flexibility to adapt rules for different types of services (like small rural operations versus large urban centres)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed. No legislative text was available for review. The title suggests a registration and standards framework for education and early childhood services in South Australia, but whether the instrument's actual provisions align with or diverge from any original intent is impossible to determine from the content provided."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404/Page Not Found error","Analysis is based solely on the title of the instrument, not its actual provisions","Cannot assess operative clauses, definitions, schedules, or cross-references","Website infrastructure change (pre-24 March 2026 links now broken) is the root cause of unavailability"],"plain_english_summary":"These regulations would set the detailed rules for registering and regulating schools, childcare, kindergartens and other early‑childhood providers in South Australia, and establish the minimum safety and quality standards those services, operators and staff must meet. The source page is currently unavailable, so the full text couldn’t be reviewed for specifics."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/education-and-early-childhood-services-registration-and-standards-regulations-2025","history":"/api/acts/education-and-early-childhood-services-registration-and-standards-regulations-2025/history","analysis":"/api/acts/education-and-early-childhood-services-registration-and-standards-regulations-2025/analysis","conflicts":"/api/acts/education-and-early-childhood-services-registration-and-standards-regulations-2025/conflicts","importantCases":"/api/acts/education-and-early-childhood-services-registration-and-standards-regulations-2025/important-cases","documents":"/api/acts/education-and-early-childhood-services-registration-and-standards-regulations-2025/documents"}}