Education and Care Services National Law Application (Local Regulations) Regulations 2026
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Education and Care Services National Law Application Act 2026
Part 1 — Preliminary
1.Citation
These regulations are the Education and Care Services National Law Application (Local Regulations) Regulations 2026.
2.Commencement
These regulations come into operation as follows —
(a)Parts 1, 2 and 3 and Schedule 1 — on 1 May 2026;
(b)Part 4 (other than regulations 53 to 55) — on the earlier of the following —
(i)1 July 2027;
(ii)the day on which regulation 55 comes into operation under paragraph (d);
(c)regulation 53 and 54 — 1 July 2027;
(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.
Part 2 — National Regulations modified
3.National Regulations modified
This Part modifies the National Regulations.
See paragraph (b) of the definition of Education and Care Services National Law Regulations in section 11(1) of the Act.
4.Regulation 3 modified
In regulation 3 delete “1 January 2012.” and insert:
The note at the end of regulation 3 is to read:
The Education and Care Services National Regulations 2012 of Western Australia were repealed on 1 May 2026.
5.Regulation 4 modified
(1)In regulation 4(1) delete the definitions of:
child over preschool age
scheme commencement day
(2)In regulation 4(1) insert in alphabetical order:
authorised 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;
child over preschool age means a child who —
(a)is enrolled or registered at a school; and
(b)attends, or in the current calendar year will attend, school in grade 1 or a higher grade;
hazardous 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 —
Schedule Sch 1 - Education and Care Services National Law Application (Local Regulations) Regulations 2026 - Forms | Zoe
(a)situated outdoors; and
(b)more than 30 cm deep; and
(c)accessible to children being educated and cared for at the residence or venue;
preschool 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;
safety 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 —
(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
(b)cover the swimming pool or outdoor spa in such a way that the device —
(i)cannot be easily lifted or removed by a child being educated and cared for at the residence or venue; and
(ii)would prevent such a child from entering the swimming pool or outdoor spa;
scheme commencement day means —
(a)for all participating jurisdictions other than Western Australia — 1 January 2012; and
(b)for Western Australia — 1 August 2012;
water hazard safety inspection has the meaning given in regulation 32E(1)(a);
water hazard safety inspection report has the meaning given in regulation 32E(1)(b);
(3)In regulation 4(1) in the definition of approved education and care qualification delete “qualification, in regulations 126A, 135 and 324,” and insert:
qualification
(4)In regulation 4(1A) delete the example and insert:
Example for this subregulation:
There 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.
6.Regulation 5 modified
In regulation 5(2)(b) before “a service providing” insert:
in all participating jurisdictions other than Western Australia —
The note at the end of regulation 5(2)(b) is to be deleted.
7.Regulation 24 modified
In regulation 24 delete “Subject to regulation 25A, an” and insert:
An
8.Regulation 25 modified
(1)In regulation 25(1) delete “Subject to subregulation (2) and regulation 25A, in” and insert:
In
(2)Delete regulation 25(2).
9.Regulation 25A deleted
Delete regulation 25A.
10.Regulation 31 modified
In regulation 31(c) delete “parents” and insert:
11.Regulations 32B to 32E inserted
After regulation 32A insert:
32B.Conditions on service approval—restrictions on engaging or registering educators operating at residence or venue with swimming pool or outdoor spa
(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 —
(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
(b)each educator who provides education and care to children at the residence or venue was engaged by or registered with the service —
(i)before 1 September 2022; or
(ii)on or after 1 September 2022 with the approval of the Regulatory Authority under subregulation (3).
(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.
(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 —
(a)the swimming pool or outdoor spa existed at the residence or venue before 1 September 2022; and
(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
(c)the Regulatory Authority considers exceptional circumstances exist justifying the approval.
32C.Condition on service approval—register of residences and venues with swimming pool, outdoor spa or hazardous water feature
(1)A service approval for a family day care service is granted subject to the condition that the approved provider of the service must —
(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
(b)make the register available for inspection by the Regulatory Authority on request.
(2)For the purposes of subregulation (1), the register must include the following information —
(a)the name of each educator who provides education and care to children at the residence or venue;
(b)the address of the residence or venue;
(c)each swimming pool, outdoor spa and hazardous water feature that is at the residence or venue;
(d)each safety device for a swimming pool or outdoor spa that is at the residence or venue;
(e)the date on which a water hazard safety inspection of the residence or venue was last conducted.
32D.Condition on service approval—safety devices for swimming pools and outdoor spas
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, 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.
32E.Condition on service approval—water hazard safety inspections
(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 —
(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
(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.
(2)The times for conducting a water hazard safety inspection of a family day care residence or approved family day care venue are —
(a)for the 1st inspection — within 30 days after the day on which it becomes a residence or venue of the service; and
(b)after that, at monthly intervals.
(3)A water hazard safety inspection of a family day care residence or approved family day care venue cannot be conducted by —
(a)an educator who provides education and care to children at the residence or venue; or
(b)a person who resides at the residence or venue.
(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 —
(a)physically present at the residence or venue; or
(b)subject to subregulation (5), using technology that enables the person to inspect the residence or venue without being physically present (a virtual inspection).
(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 —
(a)the previous 2 inspections of the residence or venue were virtual inspections; or
(b)6 previous virtual inspections of the residence or venue have been conducted in the current calendar year.
Notes for this regulation:
1.See section 51(5) of the Law.
2.For water hazard safety inspection reporting requirements and offences relating to water hazard safety inspection reports see regulations 116D to 116F.
12.Regulation 38 modified
In regulation 38 delete “must” and insert:
may
13.Regulation 62 modified
(1)In regulation 62(2) delete “that is 2 years”.
(2)After regulation 62(3) insert:
(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 —
(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
(b)if the arrangement is generally available to children educated and cared for by the service, the service informs the parents of the arrangement.
(5)In subregulation (4) each of the following terms has the meaning given in regulation 368 —
kindergarten programme
provided by a school
school
14.Regulation 63 modified
(1)In regulation 63(1)(a)(iii)(B) delete “1 January 2012,” and insert:
the scheme commencement day,
(2)In regulation 63(2)(d) delete “that is 2 years”.
The note at the end of regulation 63(1)(a)(iii)(B) is to be deleted.
15.Guide to Chapter 4 modified
In the Guide to Chapter 4 after the item for Part 4.2 Division 6 insert: