Division Div 7 - Education and Care Services National Law Application (Local Regulations) Regulations 2026 - sets out requirements relating to the transportation of children other than as part of an excursion. | Zoe
Education and Care Services National Law Application (Local Regulations) Regulations 2026
Div 7sets out requirements relating to the transportation of children other than as part of an excursion.
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Division 7 sets out requirements relating to the transportation of children other than as part of an excursion.
16.Regulation 75 modified
In regulation 75(a) delete “parents” and insert:
17.Regulation 80 modified
In regulation 80(1)(a), (2)(a) and (3)(a) delete “parents” and insert:
18.Regulation 84B modified
In regulation 84B(m) delete “parent.” and insert:
parent or family member.
19.Regulation 86 modified
In regulation 86 after “service” (2nd occurrence) insert:
or, if a parent cannot be immediately contacted, an authorised emergency contact for the child
20.Regulation 92 modified
In regulation 92(3)(c) delete “administered;” and insert:
administered and the medical condition the medication is being used to treat;
21.Regulation 94 modified
In regulation 94(2)(a) delete “child;” and insert:
child or, if a parent of the child cannot be immediately contacted, an authorised emergency contact for the child;
22.Regulation 98 modified
(1)In regulation 98:
(a)delete “The” and insert:
(1)The
(b)delete “parents” and insert:
parents, family members, other adults who may need to be in contact about a child
(2)At the end of regulation 98 insert:
(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 —
(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
(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.
Penalty: $3300.
23.Regulation 111 modified
In regulation 111(b) delete “parents” and insert:
24.Regulations 116A to 116C deleted
Delete regulations 116A to 116C.
25.Regulations 116D to 116F inserted
Before regulation 117 insert:
116D.Water hazard inspection reports conducted at family day care residence or approved family day care venue
(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 —
(a)when conducting the inspection, complete a water hazard safety inspection checklist in a form approved by the Regulatory Authority; and
(b)prepare a water hazard safety inspection report in accordance with subregulation (2) and give it to the approved provider of the service —
(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
(ii)in any other case — within 7 days of completing the inspection.
(2)A water hazard safety inspection report must —
(a)be in a form approved by the Regulatory Authority; and
(b)include the information set out in subregulation (3); and
(c)include the water hazard safety inspection checklist completed by the person who conducted the inspection.
(3)For the purposes of subregulation (2)(b), the information is as follows —
(a)the address of the residence or venue;
(b)the date and time of the inspection;
(c)the full name of the person who conducted the inspection and the person’s signature;
(d)whether the inspection was a virtual inspection;
(e)the type and condition of each safety device for a swimming pool or outdoor spa that is at the residence or venue;
(f)whether any safety issue relating to a swimming pool, outdoor spa or hazardous water feature was identified and, if so —
(i)a description of the safety issue; and
(ii)whether the safety issue was rectified during the inspection; and
(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
(iv)if relevant, an estimate of the time that is needed to complete the action referred to in subparagraph (iii);
(g)any other information required by the form approved under subregulation (2)(a).
A water hazard safety inspection is a condition of a service approval for a family day care service: see regulation 32E.
116E.Offences relating to water hazard safety inspection reports—approved provider
(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.
(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.
(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.
(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.
(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.
(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.
116F.Offences relating to water hazard safety inspection reports—family day care educator
(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.
(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.
(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.
26.Regulation 117 modified
Delete regulation 117(1)(b) and insert:
(b)is either —
(i)1 metre or less above floor level; or
(ii)if the residence or family day care venue was approved before 1 December 2014 — 75 cm or less above floor level.
The note at the end of regulation 117(1) is to be deleted.
27.Regulation 123 modified
(1)At the beginning of regulation 123 insert:
(1A)In this regulation —
emergency, 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.
(2)Delete regulation 123(1)(c) and (d) and insert:
(c)for children aged 36 months of age or over (not including children over preschool age) — 1 educator to 10 children;
(d)for children over preschool age — the ratio set out in the Table to regulation 369.
(3)After regulation 123(1) insert:
(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 —
(a)the educator is present on the premises of the service; and
(b)the educator is available immediately to provide education and care to the children at the service if required; and
(c)the period of time during which the educator is not working with children is not more than 30 minutes in a day.
(4)After regulation 123(6) insert:
(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 —
(a)the approved provider or, if the approved provider is not an individual, the nominated supervisor, of the service —
(i)is satisfied on reasonable grounds that it is developmentally appropriate for the child to be so treated; and
(ii)makes and keeps a record of that decision;
and
(b)a parent of the child has agreed with that decision and has signed the record of the decision to indicate that agreement.
The note at the end of regulation 123(6) is to be deleted.
28.Regulation 124 modified
(1)In regulation 124(2)(a) delete “preschool age or under; and” and insert:
children who are 4 years of age or under on 30 June of the current calendar year; and
(2)In regulation 124(5) delete “preschool age or under,” and insert:
4 years of age or under on 30 June of the current calendar year,
29.Regulation 160 modified
In regulation 160(3)(g) delete “parents;” and insert:
parents or any other family members;
30.Regulation 177 modified
After regulation 177(1)(d) insert:
(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);
The 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.”.
31.Regulation 185 modified
In regulation 185 delete “parents” and insert:
32.Regulation 190 modified
After regulation 190(h) insert:
(ha)regulation 102E(2) and (3) (requirements in relation to children embarking a means of transport);
(hb)regulation 102F(2) and (3) (requirements in relation to children disembarking a means of transport);
33.Regulation 192 modified
In regulation 192(a) delete “approved”.
34.Regulation 201 modified
In regulation 201(e) delete “Administrative Appeals Tribunal” and insert:
35.Regulation 209 modified
In regulation 209(e):
(a)in subparagraph (i) delete “Administrative Appeals Tribunal” and insert:
(b)in subparagraph (ii) delete “Administrative Appeals Tribunal Act 1975” and insert:
Administrative Review Tribunal Act 2024 (Cth)
36.Regulation 223 modified
In regulation 223(g):
(a)in subparagraph (i) delete “Administrative Appeals Tribunal” and insert:
(b)in subparagraph (ii) delete “Administrative Appeals Tribunal Act 1975” and insert:
Administrative Review Tribunal Act 2024 (Cth)
37.Regulation 227 modified
(1)In regulation 227(1) delete “(2).” and insert:
(2) and any matter prescribed in subregulation (2A).
(2)After regulation 227(2) insert:
(2A)For the purposes of section 270(5)(b) of the Law, the following matters are prescribed —
(a)proceedings commenced by an allegation made under section 188AB of the Law that grounds for disciplinary action exist;
(b)any order made in such proceedings.
(3)In regulation 227(3) after “information” insert:
in relation to an enforcement action
(4)After regulation 227(3) insert:
(3A)The following information in relation to a matter prescribed in subregulation (2A) may be published —
(a)the nature of the allegation made under section 188AB of the Law that grounds for disciplinary action exist;
(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;
(c)any relevant dates regarding the proceedings or any order made;
(d)information about the content of any order made, and the reasons given for the making of the order.
38.Chapter 6 Part 6.3 Division 2 heading modified
In the heading to Chapter 6 Part 6.3 Division 2 delete “17 April 2023” and insert:
39.Regulation 236B modified
In regulation 236B(1), (2) and (3) delete “17 April 2023” and insert:
Note: The heading to amended regulation 236B is to read:
Prescribed fees and other fees between 17 June 2023 and 30 June 2023
40.Regulation 239A modified
(1)Delete regulation 239A(1) and insert:
(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.
(2)In regulation 239A(2) delete “or 272(1A)”.
41.Regulation 241 modified
(1)At the beginning of regulation 241 insert:
(1A)In this regulation —
interstate 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).
(2)In regulation 241(1)(e) and (f) delete “a preschool” and insert:
an interstate preschool
42.Regulation 242 modified
(1)Delete regulation 242(1) and insert:
(1)This regulation applies until 31 December 2026.
(2)Delete regulation 242(3) and insert:
(3)In this regulation —
relevant regulation means regulation 130, 131, 132, 133, 134 or 379.
43.Regulation 254 deleted
Delete regulation 254.
44.Regulation 256 modified
Delete regulation 256(3) and insert:
(3)In this regulation —
prescribed regulation means regulation 239, 248, 250, 251 or 383.
45.Regulation 257 modified
Delete regulation 257(5) and insert:
(5)In this regulation —
prescribed regulation means regulation 239, 248, 250, 251 or 383.
46.Regulation 369 modified
Delete regulation 369(1) and insert:
(1)This regulation sets out, for children over preschool age, educator to child ratios for the purposes of regulation 123(1)(d).
47.Regulation 370 modified
Delete regulation 370(3) and insert:
(3)At least 1 of the qualified educators at the service must be a first qualified educator.
(4)In this regulation —
advanced 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 —
(a)has completed at least 50% of the qualification; and
(b)is continuing study towards completion of the qualification;
first qualified educator means —
(a)an educator who holds a qualification on the qualifications list that the list specifies is for the position of first qualified educator; or
(b)an educator who —
(i)is enrolled in an advanced course; and
(ii)has completed at least 50% of the course; and
(iii)is meeting the requirements for maintaining enrolment in the course; and
(iv)is making satisfactory progress towards completing the course;
qualifications list means the list of approved qualifications for working with children over preschool age for Western Australia published under regulation 137(2)(c);
qualified educator means —
(a)an educator who holds a qualification on the qualifications list that the list specifies is for the position of qualified educator; or
(b)an educator who is actively working towards a diploma, certificate III or certificate IV qualification on the qualifications list; or
(c)an educator who is a first qualified educator.
48.Schedule 2 heading and reference replaced
Delete the heading to Schedule 2 and the reference after it and insert:
Schedule 2 — Prescribed fees for period beginning on 17 June 2023 and ending on 30 June 2023
[r. 236B]
49.Schedule 3 of National Regulations modified
In Schedule 3 of the National Regulations:
(a)in the item for regulation 82(1) delete “Tobacco, drug and alcohol‑free environment” and insert:
Environment to be free from tobacco, vaping devices, vaping substances, drugs and alcohol
(b)delete the item for regulation 84;
(c)delete “Regulation 98” and insert:
Regulation 98(1), (2)
(d)delete the items for regulations 116A(1) and 116C.
Notes:
1.The note at the end of regulation 99 is to be deleted.
2.The note at the end of regulation 141(2)(b) is to be deleted.
3.The note at the end of regulation 368 is to be deleted.
4.Note 2 at the end of regulation 383 is to be deleted.
Part 3 — Infringement Notices
50.Term used: Regulatory Authority
In this Part —
Regulatory Authority has the meaning given in the Education and Care Services National Law (WA) section 5(1).
51.Regulations for the purposes of Education and Care Services National Law (WA)
For the purposes of the Education and Care Services National Law (WA) —
(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
(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
(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
(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
(e)the forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms.
[Part 4 has not come into operation.]
Schedule 1 — Forms
[r. 51(e)]
Form 1 — Infringement notice relating to offence under Education and Care Services National Law (WA)
Education and Care Services National Law (WA)INFRINGEMENT NOTICE Infringement
notice no.
Alleged offender Name
Address
Details of alleged offence Date or period
Place
Written law contravened Sectionof the Education and Care Services National Law (WA)orRegulationof the Education and Care Services National Law Regulations (WA)]
Details of offence
Date Date of notice
Issuing officer Name
Office
Signature
Modified penalty $_____________
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.
Body corporate $_____
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.
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]
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.
Card type _____________________________Cardholder name _______________________Card number[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]Expiry date of card _____/_____Amount $__________Signature ____________________Complete all details
*The following are approved officers for the purposes of receiving payment of modified penalties:
Method of service Date of service
Form 2 — Withdrawal of infringement notice relating to offence under Education and Care Services National Law (WA)
Education and Care Services National Law (WA)WITHDRAWAL OF INFRINGEMENT NOTICE Withdrawal no.
Alleged offender Name
Address
Details of infringement notice Infringement notice no.
Date of issue
Details of alleged offence Date or period
Place
Written law contravened Sectionof the Education and Care Services National Law (WA)orRegulationof the Education and Care Services National Law Regulations (WA)
Details of offence
Approved Officer withdrawing notice Name
Office
Signature
Date Date of withdrawal
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)
Department for Communities[Address]
Your signature Date
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Notes
This 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.
Compilation table
Citation
Published
Commencement
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))
Uncommenced provisions table
To view the text of the uncommenced provisions see Subsidiary legislation as made on the WA legislation website.
Citation
Published
Commencement
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))
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
Regulatory Authority50
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