What it does
The Education and Care Services National Law Act 2010 (Vic) is the Victorian vehicle that applies the Education and Care Services National Law (the "National Law") as a law of Victoria (Act s.4). The National Law itself is set out in the Schedule. Its core purpose is to establish a single, integrated national system for the regulation of "education and care services" – broadly, any service providing education or care to children under 13 on a regular basis, excluding schools, personal arrangements, or prescribed exemptions (National Law s.5(1) definition of "education and care service").
The National Law operates through a two-tier approval system. First, a person must obtain a provider approval (National Law Part 2, ss.10–42). The applicant must be a "fit and proper person" (s.12), assessed against matters including compliance history, criminal record, financial capacity, and (post-2025 amendments) systemic risks arising from related providers (ss.5B–5D, 13(2A)). Once approved, the provider may apply for a service approval for each specific service (National Law Part 3, ss.43–104). Service approvals are premises-specific (except family day care) and subject to conditions, including the paramount consideration of children's safety, rights, and best interests (s.2A, inserted 2025).
Quality is assured through the National Quality Framework (NQF), comprising the National Law, national regulations, the National Quality Standard (NQS), and the rating system (National Law s.5(1)). Approved services are assessed and rated against seven quality areas (educational program, children's health and safety, physical environment, staffing, relationships, collaborative partnerships, and leadership) (Part 5, ss.133–160). Ratings range from "Significant Improvement Required" to "Excellent" (s.134); the highest rating is awarded by the National Authority (ss.152–159). Ratings must be displayed (s.172) and are published (s.160, s.270).