1
Title
1 Title
1 Title
These Regulations may be cited as the Education and Care Services National Regulations (NSW).
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
New South Wales regulation
What this instrument does (mechanically)
It is the New South Wales version of the Education and Care Services National Regulations. It sets out detailed, operational rules that implement the Education and Care Services National Law for approved early childhood education and care services (centre‑based services and family day care services).
It prescribes who must get approvals and how to apply (provider approvals, service approvals, approvals‑in‑principle), the information those applications must contain, the grounds and conditions for granting or refusing approvals, and the fees and late payment rules for approvals and annual fees (Parts 2, 6.3).
It sets standards and duties that approved providers, nominated supervisors, staff and family day care educators must meet about:
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Education and Care Services National Regulations (NSW).
1 Title
These Regulations may be cited as the Education and Care Services National Regulations (NSW).
2 Authorising provisions
These Regulations are made under sections 301 and 324 of the Education and Care Services National Law.
3 Commencement
These Regulations commence on 1 January 2012.
Note.
The commencement dates for the Education and Care Services National Regulations 2012 of Western Australia were—
(a) regulations 1 and 3, 25 July 2012;
(b) the rest of the regulations, 1 August 2012.
4 Definitions
(1) In these Regulations—
ABN has the same meaning as in section 41 of the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;
actively working towards a qualification—see regulation 10;
approved anaphylaxis management training has the meaning given by regulation 136(5);
approved certificate III level education and care qualification means—
(a) a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved certificate III level education and care qualifications published under regulation 137; or
(b) a qualification included in the list of approved diploma level education and care qualifications or approved early childhood teaching qualifications published under regulation 137;
approved diploma level education and care qualification means—
(a) a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved diploma level education and care qualifications published under regulation 137; or
(b) a qualification included in the list of approved early childhood teaching qualifications published under regulation 137;
approved early childhood teaching qualification means a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved early childhood teaching qualifications published under regulation 137;
approved education and care qualification, in regulations 126A, 135 and 324, means—
(a) an approved certificate III level education and care qualification; or
(b) an approved diploma level education and care qualification; or
(c) an approved early childhood teaching qualification;
approved emergency asthma management training has the meaning given by regulation 136(5);
approved first aid qualification has the meaning given by regulation 136(5);
approved number of places, in relation to a centre-based service, means the maximum number of children who can be educated and cared for by the service at any one time, stated on the service approval under section 52(g) of the Law;
bankruptcy declaration means a declaration made by an individual about any proceeding in bankruptcy brought against the individual including—
(a) whether any actions have been taken against the individual under Part IV of the Bankruptcy Act 1966 of the Commonwealth; and
(b) whether the individual has made any debt agreement under Part IX of the Bankruptcy Act 1966 of the Commonwealth; and
(c) whether the individual has made any personal insolvency agreement under Part X of the Bankruptcy Act 1966 of the Commonwealth;
building law means a law generally regulating building construction and demolition;
building permit means a permit or consent to carry out building work issued under a building law or planning and development law of a participating jurisdiction;
building practitioner means—
(a) a person who is registered as a building surveyor, building inspector or draftsperson under a law of a participating jurisdiction; or
(b) a person who is registered as an architect under a law of a participating jurisdiction; or
(c) a person who is licensed as a surveyor under a law of a participating jurisdiction; or
(d) a person who is licensed or registered as a building certifier under a law of a participating jurisdiction; or
(e) a person who is accredited under a law of a participating jurisdiction to design buildings that will be used to provide education and care services;
centre-based service means an education and care service other than a family day care service;
certificate of final inspection means a certificate issued on completion of building work by a building practitioner under a building law or planning and development law of a participating jurisdiction;
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 the year before grade 1 or in grade 1 or a higher grade;
child preschool age or under means a child under the age of 7 years who is not a child over preschool age;
criminal history record check means a full disclosure Australia-wide criminal history record check, issued by a police force or other authority of a State or Territory or the Commonwealth;
criminal history statement means a statement made by an individual that—
(a) states whether the individual has been convicted in Australia of any offences relevant to a person seeking to work with children; and
(b) includes details of those convictions;
diagnosed as at risk of anaphylaxis, in relation to a child, means a child who has been diagnosed by a registered medical practitioner as at risk of anaphylaxis;
disciplinary proceedings statement means a statement made by an individual that states—
(a) whether the individual is or has been subject to a formal disciplinary proceeding or action under an education law of a participating jurisdiction (other than a proceeding or action that was unsuccessful or was withdrawn); and
(b) the outcome of the proceeding or action (if known);
early childhood teacher means a person with an approved early childhood teaching qualification;
educational program means a program referred to in section 168 of the Law;
emergency, in relation to an education and care service, means an incident, situation or event where there is an imminent or severe risk to the health, safety or wellbeing of a person at the education and care service;
Examples.
excursion means an outing organised by an education and care service or family day care educator, but does not include the following—
(a) an outing organised by an education and care service provided on a school site if—
(i) the child or children leave the education and care service premises in the company of an educator; and
(ii) the child or children do not leave the school site;
(b) the mere provision of the same education and care services at different education and care service premises;
family assistance law has the same meaning as it has in the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth;
family day care educator assistant means a person engaged by or registered with a family day care service to assist family day care educators;
financial declaration means a declaration made by a person who is not an individual indicating whether the person is or has been declared insolvent or is or has been placed under external administration;
in attendance, at a centre-based service, in relation to an early childhood teacher or a suitably qualified person—see regulation 11;
infectious disease, in relation to a participating jurisdiction, means an infectious disease that is designated under a law of that jurisdiction or by a health authority (however described) as a disease that would require a person with the disease to be excluded from an education and care service;
medication means medicine within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth;
multi-storey building means a building with more than 2 storeys;
occupancy permit means a certificate or permit issued under a building law or planning and development law of a participating jurisdiction that permits a building to be occupied;
optical surveillance device has the same meaning as in section 6(1) of the Surveillance Devices Act 2004 of the Commonwealth;
overseas criminal history statement means a statement made by an individual that—
(a) states whether the individual has been convicted outside Australia of any offences relevant to a person seeking to work with children; and
(b) includes details of those convictions;
planning and development law means a law generally regulating the planning of the use and development of land;
planning permit means a permit, approval or consent in respect of the use or development of any land granted under a building law or a planning and development law of a participating jurisdiction;
previous service statement means a statement made by an individual that states—
(a) whether or not the individual has held any role with an education and care service or a children’s service in the previous 3 years; and
(b) includes the following details for each role—
(i) the name of the service; and
(ii) the State or Territory in which the service was located; and
(iii) the nature of the role;
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
regular outing, in relation to an education and care service, means a walk, drive or trip to and from a destination—
(a) that the service visits regularly as part of its educational program; and
(b) where the circumstances relevant to the risk assessment are substantially the same on each outing;
regular transportation, in relation to an education and care service, means the transportation by the service or arranged by the service (other than as part of an excursion) of a child being educated and cared for by the service, where the circumstances relevant to a risk assessment are substantially the same for each occasion on which the child is transported;
renovate, in relation to premises, means—
(a) construction, demolition, removal or relocation of a building or other fixed structure (or part of a building or other fixed structure); or
(b) carrying out structural alterations on a building or other fixed structure;
responsible person, in relation to an education and care service, means a person referred to in section 162(1)(a) to (c) of the Law;
scheme commencement day means 1 January 2012;
Note.
The scheme commencement day for Western Australia was 1 August 2012—see the definition of scheme commencement day in regulation 4 of the Education and Care Services National Regulations 2012 of Western Australia.
serious incident—see regulation 12;
soil assessment means an analysis of soil conducted by an environmental consultant, environmental consulting firm, or environmental auditor for the purposes of determining—
(a) the nature, extent and levels of contamination; and
(b) the actual or potential risk to human health resulting from that contamination;
storey, of a building, includes the following—
(a) the ground level;
(b) a level of a split level;
suitably qualified person means a person who has—
(a) a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved qualifications for suitably qualified persons published under regulation 137; or
(b) a qualification approved by the National Authority as a higher qualification for suitably qualified persons and included in the list of approved qualifications for suitably qualified persons published under regulation 137;
the Law means the Education and Care Services National Law;
vaping device has the same meaning as in section 41P of the Therapeutic Goods Act 1989 of the Commonwealth;
vaping substance has the same meaning as in section 41P of the Therapeutic Goods Act 1989 of the Commonwealth;
working directly with children—see regulation 13;
working with children check number has the same meaning as it has in the Child Protection (Working with Children) Act 2012 of New South Wales;
working with vulnerable people check means a check of a person under a working with vulnerable people law of a participating jurisdiction;
working with vulnerable people registration means—
(a) in relation to the Australian Capital Territory—a registration issued to a person under the Working with Vulnerable People (Background Checking) Act 2011 of the Australian Capital Territory allowing the person to be engaged in an education and care service; or
(b) in relation to Tasmania—a registration issued to a person under the Registration to Work With Vulnerable People Act 2013 of Tasmania allowing the person to be engaged in childcare services.
(1A) A requirement under these Regulations applying in relation to a stated number of children applies each time there is the stated number of children or a part of the stated number.
Example.
There are 30 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 11 children. In this case 3 educators would be required.
(2) Unless the context otherwise requires, a reference in these Regulations to a Part by a number is a reference to the Part, designated by that number, of these Regulations.
(3) Guides to Chapters do not form part of these Regulations.
Reg 4: Am 2025 (711), reg 65; 2026 (52), Sch 1[1].
5 Services that are not education and care services
(1) For the purposes of paragraph (g) of the definition of education and care service in section 5(1) of the Law, the following classes of disability service are excluded from the definition of education and care service—
(a) a service that is a designated service within the meaning of the Disability Services Act 1993 of New South Wales;
(b) services that are disability services under the Disability Services Act 2006 of Queensland;
(c) a disability service provided by a disability service provider within the meaning of the Disability Act 2006 of Victoria;
(d) a service providing education and care to a child with a disability that is funded by a grant of financial assistance approved under the Disability Services Act 1993 of Western Australia;
(e) an early childhood intervention service provided for the principal purpose of providing intervention or support for children with a disability, additional needs or developmental delay.
(2) For the purposes of paragraph (h) of the definition of education and care service in section 5(1) of the Law, the following classes of service are excluded from the definition of education and care service—
(a) a service providing education and care to children in premises where the majority of the children usually reside and the educator does not reside;
(b) a service providing education and care to children in the service provider’s residence other than as part of a service that is delivered through the use of 2 or more educators to provide education and care to children in residences;
Note.
Paragraph (b) does not apply in Western Australia—see regulation 5(2)(b) of the Education and Care Services National Regulations 2012 of Western Australia.
(c) a service providing education and care to children primarily on an ad hoc or casual basis where—
(i) the service does not usually offer full-time or all day education and care to children on an ongoing basis; and
(ii) most of the children provided with education and care are preschool age or under;
Note.
This form of care is commonly referred to as occasional care.
(d) a service provided by a hotel or resort to provide education and care to children who are temporary guests of the hotel or resort;
Example.
A ski resort that offers child-minding services for children staying at the resort.
(e) a service providing education and care to a child on an ad hoc basis at premises where the parent of, or other person responsible for, the child is—
(i) a guest, visitor or patron; and
(ii) readily available at all times that the child is being educated and cared for;
Examples.
(f) a service that provides education and care to children where the education and care is primarily provided or shared by parents or family members of the children and a parent or family member is readily available for the period that the child is educated and cared for and retains responsibility for the child;
(g) a secondary school or college providing education and care to the children of students attending the school or college where a parent of each child retains responsibility for the child while the child is being educated and cared for;
(h) a service providing education and care primarily to children preschool age or under that transports its equipment and materials or staff to one or more locations on each occasion that the service is provided;
Note.
This form of care is commonly called a mobile service.
(i) a service that provides education and care during school holidays for a total of not more than 28 days in a calendar year;
(j) a short term program provided by and at a school to children who will attend the school in the following year, for the purpose of orienting children to the school;
(k) a service providing education and care if, on 30 June 2018—
(i) the service provider was, in respect of the service, in receipt of funding under the Budget Based Funded program administered by the Department of Education and Training of the Commonwealth; and
(ii) the service was not approved for the purposes of the family assistance law;
(ka) a service providing education and care if, on 30 June 2018—
(i) the service provider was, in respect of the service, in receipt of funding under the Indigenous Advancement Strategy administered by the Department of Prime Minister and Cabinet of the Commonwealth; and
(ii) the service was not approved for the purposes of the family assistance law; and
(iii) the service was not regulated under the National Quality Framework;
(l) a licensed playschool under the Children and Young People Act 2008 of the Australian Capital Territory;
(m) a stand alone service under a children’s services law of Queensland;
(n) a service funded by the Queensland Government to provide limited hours care;
(o) a South Australian Government operated Playcentre;
(p) a service licensed as a Centre Based Care Class 4 or Centre Based Care Class 5 service under the Child Care Act 2001 of Tasmania;
(q) an approved children’s service under the Children’s Services Act 1996 of Victoria that, immediately before 17 May 2020, was a licensed limited hours Type 2 service under that Act;
(r) a service funded by the government department principally administering the Children and Community Services Act 2004 of Western Australia for the purposes of preventive, support and recreation services for at risk children.
6 Eligible association
For the purposes of the definition of eligible association in section 5(1) of the Law, a parents and citizens association formed under Chapter 7 of the Education (General Provisions) Act 2006 of Queensland is a prescribed association.
7 Prescribed rating system
For the purposes of paragraph (d) of the definition of national education and care services quality framework in section 5(1) of the Law, the prescribed rating system is set out in Parts 3.2 to 3.5.
8 National Quality Standard
For the purposes of the definition of National Quality Standard in section 5(1) of the Law, the prescribed National Quality Standard is set out in Schedule 1.
9 Prescribed entities
For the purposes of paragraph (e) of the definition of person in section 5(1) of the Law, the following are prescribed entities—
(a) the Catholic Education Commission of Western Australia;
(b) a body politic.
9A Approval in principle criteria
For the purposes of the definition of approval in principle criteria in section 5(1) of the Law, the following regulations are prescribed—
(a) regulation 109(b);
(b) regulation 110(a) and (b);
(c) regulation 112(4);
(d) regulation 115.
9B Related providers [NSW]
For the National Law (NSW), section 5B(d), the following characteristics are prescribed—
(a) the provider has, in a position of management, control or significant influence, a person who is a family member of a person with management or control of the approved provider;
(b) the provider has provided, or received from, the approved provider a loan, guarantee, indemnity, financial support, lease, property arrangement, contract for service or other financial arrangement;
(c) the provider and approved provider have common financial interests or dependencies;
(d) the provider was previously related to the approved provider and the Regulatory Authority reasonably believes the relationship remains substantively relevant to the operation or suitability of the provider or approved provider;
(e) the provider operates under the same, or a substantially similar, name, branding or marketing as the approved provider, including, for example, operating under a common website or social media presence;
(f) the provider’s name is included in the register of approved providers as a related provider of the approved provider.
Note—
This regulation is an additional NSW provision.
Reg 9B: Ins 2026 (54), Sch 1[3].
10 Meaning of actively working towards a qualification
For the purposes of these Regulations, an educator is actively working towards a qualification if the educator—
(a) is enrolled in the course for the qualification; and
(b) provides the approved provider with documentary evidence from the provider of the course that—
(i) the educator has commenced the course; and
(ii) the educator is making satisfactory progress towards completion of the course; and
(iii) the educator is meeting the requirements for maintaining the enrolment; and
(iv) in the case of an approved diploma level education and care qualification, the educator—
(A) holds an approved certificate III level education and care qualification; or
(B) has completed the units of study in an approved certificate III level education and care qualification determined by the National Authority; or
(C) has completed the percentage of total units of study required for completion of an approved early childhood teaching qualification determined by the National Authority.
11 Meaning of in attendance at a centre-based service
For the purposes of these Regulations, an early childhood teacher or a suitably qualified person is in attendance at a centre-based service if the early childhood teacher or the suitably qualified person—
(a) is physically present at the service; and
(b) carries out education and care activities at the service including one or more of the following—
(i) working directly with children;
(ii) planning programs;
(iii) mentoring, coaching or supporting educators;
(iv) facilitating education and care research;
(v) performing the role of educational leader of the service referred to in regulation 118.
12 Meaning of serious incident
For the purposes of the definition of serious incident in section 5(1) of the Law, each of the following is prescribed as a serious incident—
(a) the death of a child—
(i) while that child is being educated and cared for by an education and care service; or
(ii) following an incident occurring while that child was being educated and cared for by an education and care service;
(b) any incident involving serious injury or trauma to a child occurring while that child is being educated and cared for by an education and care service—
(i) which a reasonable person would consider required urgent medical attention from a registered medical practitioner; or
(ii) for which the child attended, or ought reasonably to have attended, a hospital;
Example.
A broken limb.
(c) any incident involving serious illness of a child occurring while that child is being educated and cared for by an education and care service for which the child attended, or ought reasonably to have attended, a hospital;
Example.
Severe asthma attack, seizure or anaphylaxis reaction.
(d) any emergency for which emergency services attended;
(e) any circumstance where a child being educated and cared for by an education and care service—
(i) appears to be missing or cannot be accounted for; or
(ii) appears to have been taken or removed from the education and care service premises in a manner that contravenes these Regulations; or
(iii) is mistakenly locked in or locked out of the education and care service premises or any part of the premises; or
(iv) appears to have been involved in a sexual offence or sexual misconduct, within the meaning of the Children’s Guardian Act 2019, Part 4.
13 Meaning of working directly with children
For the purposes of these Regulations a person is working directly with children at a given time if at that time the person—
(a) is physically present with the children; and
(b) is directly engaged in providing education and care to the children.
Part 2.1 Provider approvals
14 Application for provider approval by individual
An application for a provider approval made by an individual under section 10 of the Law must include the following information—
(a) the applicant’s full name, and any former or other name the applicant may be known by;
(b) the applicant’s residential address and contact details;
(c) the applicant’s date and place of birth;
(d) proof of the applicant’s identity;
(e) a previous service statement made by the applicant;
(f) except in the case of an application to the New South Wales Regulatory Authority or the Queensland Regulatory Authority, if the participating jurisdiction has a working with children law—
(i) if held by the applicant, a copy of the applicant’s current working with children card or working with children check; or
(ii) if the applicant is a teacher registered under an education law of that jurisdiction, proof of the current registration under that law;
(iii) (Repealed)
(fa) in the case of an application to the New South Wales Regulatory Authority, the applicant’s working with children check number or a copy of the applicant’s current working with children card or working with children check;
(fb) in the case of an application to the Queensland Regulatory Authority, a copy of the applicant’s current working with children card or working with children check;
(fc) in the case of an application to the Tasmanian Regulatory Authority, a copy of the applicant’s working with vulnerable people registration;
(g) except in the case of an application to the Queensland Regulatory Authority—
(i) a copy of the applicant’s current working with vulnerable people check; or
(ii) a criminal history record check in respect of the applicant issued not more than 6 months before the date of the application;
(h) if a criminal history record check has been provided under paragraph (g)(ii), a criminal history statement made by the applicant in relation to the period after the date on which the criminal history record check was issued to the date of the application;
(i) if the applicant lived and worked outside Australia at any time within the previous 3 years, an overseas criminal history statement made by the applicant;
(j) a disciplinary proceedings statement made by the applicant;
(k) a bankruptcy declaration made by the applicant.
Note.
If there is more than one applicant, the prescribed information must be provided in respect of each applicant—see section 10(3) of the Law.
15 Application for provider approval by person other than an individual
An application for a provider approval made by a person other than an individual under section 10 of the Law must include the following information—
(a) the applicant’s name and any trading or other name used by the applicant;
(b) the applicant’s street address and postal address or, if there is more than one address, the street address and postal address of the applicant’s principal office;
(c) the name and contact details of the contact person for the purposes of the application;
(d) documentary evidence of the legal status of the applicant and its constitution;
Example.
The partnership agreement for a partnership.
(e) a financial declaration regarding the applicant;
(f) for each individual who will be a person with management or control of an education and care service to be operated by the applicant, the information set out in regulation 14.
Note.
If there is more than one applicant, the prescribed information must be provided in respect of each applicant—see section 10(3) of the Law.
16 Matters relating to criminal history
The matters relating to the criminal history of a person that the Regulatory Authority must have regard to under section 13(1)(c)(i) of the Law are—
(a) if the participating jurisdiction has a working with children law, whether the person—
(i) holds a current working with children card or working with children check issued under that law; or
(ii) is a registered teacher under an education law of that jurisdiction; and
(b) except in the case of an application made to the Queensland Regulatory Authority, any matters included in a criminal history record check.
17 Application for amendment of provider approval
An application under section 22 of the Law for an amendment of a provider approval must include the following information—
(a) the full name of the approved provider;
(b) the provider approval number;
(c) the name and contact details of the contact person for the purposes of the application;
(d) the details of the amendment applied for;
(e) sufficient information or documentation to support the application for amendment.
18 Maximum period of suspension of provider approval
The prescribed maximum period of suspension of a provider approval under section 27(a) or 33(1)(a)(ii) of the Law is 12 months.
19 Application for voluntary suspension of provider approval
An application under section 37 of the Law for the suspension of a provider approval must include the following information—
(a) the full name of the approved provider;
(b) the provider approval number;
(c) the name and contact details of the contact person for the purposes of the application;
(d) the reasons for the suspension;
(e) the date on which the suspension is proposed to take effect and the duration of the suspension;
(f) what is intended to happen to each education and care service operated by the approved provider during the proposed suspension;
(g) a statement indicating that the approved provider has notified the parents of children enrolled at the education and care services operated by the approved provider in accordance with section 37(3) of the Law.
20 Application by individual executor for provider approval
An application for a provider approval made under section 39(5) of the Law by an executor who is an individual must include the following information—
(a) the applicant’s full name, and any former or other name the applicant may be known by;
(b) the applicant’s residential address and contact details;
(c) the applicant’s date and place of birth;
(d) in relation to the current approved provider—
(i) the approved provider’s full name;
(ii) the provider approval number;
(iii) the date of the approved provider’s death;
(iv) a copy of the death certificate or other evidence of the death of the approved provider;
(e) the proposed duration of the provider approval;
Note.
This period cannot exceed 6 months.
(f) proof of the applicant’s identity;
(g) except in the case of an application to the New South Wales Regulatory Authority or the Queensland Regulatory Authority, if the participating jurisdiction has a working with children law—
(i) if held by the applicant, a copy of the applicant’s current working with children card or working with children check; or
(ii) if the applicant is a teacher registered under an education law of that jurisdiction, proof of the current registration under that law;
(iii) (Repealed)
(ga) in the case of an application to the New South Wales Regulatory Authority, the applicant’s working with children check number or a copy of the applicant’s current working with children card or working with children check;
(gb) in the case of an application to the Queensland Regulatory Authority, a copy of the applicant’s current working with children card or working with children check;
(gc) in the case of an application to the Tasmanian Regulatory Authority, a copy of the applicant’s working with vulnerable people registration;
(h) except in the case of an application made to the Queensland Regulatory Authority—
(i) a copy of the applicant’s current working with vulnerable people check; or
(ii) a criminal history record check issued not more than 6 months before the date of the application;
(i) if a criminal history record check has been provided under paragraph (h)(ii), a criminal history statement made by the applicant in relation to the period after the date on which the criminal history record check was issued to the date of the application;
(j) if the applicant lived and worked outside Australia at any time within the previous 3 years, an overseas criminal history statement made by the applicant;
(k) a disciplinary proceedings statement made by the applicant;
(l) a bankruptcy declaration made by the applicant.
21 Application by executor other than an individual for provider approval
An application for a provider approval made under section 39(5) of the Law by an executor other than an individual must include the following information—
(a) the applicant’s name and any trading or other name used by the applicant;
(b) the applicant’s street address and postal address or, if there is more than one address, the street address and postal address of the applicant’s principal office;
(c) the name and contact details of the contact person for the purposes of the application;
(d) in relation to the current approved provider—
(i) the approved provider’s full name;
(ii) the provider approval number;
(iii) the date of the approved provider’s death;
(iv) a copy of the death certificate or other evidence of the death of the approved provider;
(e) the proposed duration of the provider approval;
Note.
This period cannot exceed 6 months.
(f) documentary evidence of the legal status of the applicant and its constitution;
Example.
The partnership agreement for a partnership.
(g) a financial declaration regarding the applicant;
(h) for each individual who will be a person with management or control of an education and care service to be operated by the applicant, the information set out in regulation 20.
22 Application by individual for provider approval on incapacity of approved provider
An application for a provider approval made under section 40 of the Law by the legal personal representative or guardian of an approved provider must include the following information if the applicant is an individual—
(a) the applicant’s full name, and any former or other name the applicant may be known by;
(b) the applicant’s residential address and contact details;
(c) the applicant’s date and place of birth;
(d) the current approved provider’s full name and provider approval number;
(e) the proposed duration of the provider approval;
Note.
This period cannot exceed 6 months.
(f) proof of the applicant’s identity;
(g) except in the case of an application to the New South Wales Regulatory Authority or the Queensland Regulatory Authority, if the participating jurisdiction has a working with children law—
(i) if held by the applicant, a copy of the applicant’s current working with children card or working with children check; or
(ii) if the applicant is a teacher registered under an education law of that jurisdiction, proof of the current registration under that law;
(iii) (Repealed)
(ga) in the case of an application to the New South Wales Regulatory Authority, the applicant’s working with children check number or a copy of the applicant’s current working with children card or working with children check;
(gb) in the case of an application to the Queensland Regulatory Authority, a copy of the applicant’s current working with children card or working with children check;
(gc) in the case of an application to the Tasmanian Regulatory Authority, a copy of the applicant’s working with vulnerable people registration;
(h) except in the case of an application made to the Queensland Regulatory Authority—
(i) a copy of the applicant’s current working with vulnerable people check; or
(ii) a criminal history record check issued not more than 6 months before the date of the application;
(i) if a criminal history record check has been provided under paragraph (h)(ii), a criminal history statement made by the applicant in relation to the period after the date on which the criminal history record check was issued until the application is made;
(j) if the applicant lived and worked outside Australia at any time within the previous 3 years, an overseas criminal history statement made by the applicant;
(k) a disciplinary proceedings statement made by the applicant;
(l) a bankruptcy declaration made by the applicant.
23 Application by person other than an individual for provider approval on incapacity of approved provider
An application for a provider approval made under section 40 of the Law by the legal personal representative or guardian of an approved provider must include the following information if the applicant is a person other than an individual—
(a) the applicant’s name and any trading or other name used by the applicant;
(b) the applicant’s street address and postal address or, if there is more than one address, the street address and postal address of the applicant’s principal office;
(c) the name and contact details of the contact person for the purposes of the application;
(d) the current approved provider’s full name and provider approval number;
(e) the proposed duration of the provider approval;
Note.
This period cannot exceed 6 months.
(f) documentary evidence of the legal status of the applicant and its constitution;
Example.
The partnership agreement for a partnership.
(g) a financial declaration regarding the applicant;
(h) for each individual who will be a person with management or control of an education and care service to be operated by the applicant, the information set out in regulation 22.
Division 1 Applications for service approvals
24 Application for service approval—centre-based service
Subject to regulation 25A, an application under section 43 of the Law for a service approval for a centre-based service must include the following information—
(a) the applicant’s full name and—
(i) provider approval number; or
(ii) if the applicant has applied for a provider approval but the application has not been decided, the applicant’s contact details;
(b) the name of the proposed education and care service;
(c) the proposed date on which the education and care service will commence operation;
(d) if known, the contact details, including an after-hours telephone number, for the proposed education and care service;
(e) the proposed ages of children to be educated and cared for by the education and care service;
(f) the proposed maximum number of children to be educated and cared for by the education and care service;
(g) the proposed hours and days of operation of the education and care service;
(h) a description of the nature of the education and care service;
(ha) a description of any proposed regular transportation of children by or arranged by the education and care service;
(i) the details of any associated children’s service for which approval is sought;
(j) a statement that the applicant has prepared the policies and procedures referred to in regulation 168;
(k) the full name and contact details, including the after-hours telephone number, of each nominated supervisor.
Note.
The application must include a nominated supervisor’s written consent to the nomination unless the nominated supervisor is the approved provider—see section 44(1)(da) of the Law.
25 Additional information about proposed education and care service premises
(1) Subject to subregulation (2) and regulation 25A, in addition to the information referred to in regulation 24, an application for a service approval for a centre-based service must include the following information about the proposed education and care service premises—
(a) the location and street address of the proposed education and care service premises;
(b) plans prepared by a building practitioner of the proposed education and care service premises showing the following—
(i) the location of all buildings, structures, outdoor play areas and shaded areas;
(ii) the location of all entries and exits;
(iii) the location of all fences and gates, specifying the type of fence or gate used or to be used;
(iv) the location of toilet and washing facilities, nappy changing areas and any food preparation areas;
(v) the boundaries of the premises;
(vi) the landscape of, or landscaping plans for, outdoor spaces that will be used by the education and care service, specifying the natural environments that are or will be provided;
(vii) a floor plan indicating unencumbered indoor and outdoor spaces suitable for children;
(viii) the location of any associated children’s service;
(ix) calculations, carried out by a building practitioner, of the areas referred to in regulations 107 and 108 relating to unencumbered indoor and outdoor space;
(x) the elevation plans of the premises;
(ba) if the proposed education and care service premises will be located within a multistorey building shared with other occupants—
(i) the total number of storeys in the building; and
(ii) the storey or storeys on which the premises will be located; and
(iii) if the premises will be located on more than one storey, the ages of the children who will attend on each storey;
(c) if a swimming pool or other water hazard is situated on the proposed education and care service premises, a copy of the service’s proposed water safety policy;
Note.
Restrictions on swimming pools apply in New South Wales and Tasmania.
(d) a soil assessment for the site of the proposed education and care service premises;
(da) any soil assessments for the site of the proposed education and care service premises that have previously been undertaken;
(e) a copy of the planning permit for the proposed education and care service premises if a planning permit is required under the planning and development law of the participating jurisdiction;
(f) a statement that the applicant has the right to occupy and use the premises and any document evidencing this;
Example.
A lease of the premises.
(g) unless the education and care service premises is a government or registered school, either—
(i) a copy of any occupancy permit, certificate of final inspection, certificate of classification or building surveyor’s statement issued or given in respect of the final construction and fit out of the education and care service premises; or
(ii) a statement made by a building practitioner that states that the education and care service premises complies with building requirements under a building law or planning and development law of the participating jurisdiction;
(h) if the proposed premises has an approval in principle—
(i) the approval in principle number (if any); and
(ii) a statement made by the applicant that, to the best of the applicant's knowledge, the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or specified in, the approval in principle.
(2) If the approved provider is seeking to locate the education and care service on a school site, the Regulatory Authority may determine that the requirements of subregulation (1)(b), (d), (e) or (g) do not apply to the application for the service approval.
25A Application for service approval for a centre-based service—relocation of existing centre-based service
(1) This regulation applies if—
(a) an application for a service approval relates to a centre-based service that is an approved education and care service; and
(b) the purpose of the application is to change the location of that service.
Note.
A service approval cannot be amended to change the location of a centre-based service—see section 54(8) of the Law.
(2) If the centre-based service is to be relocated for less than 12 months, the Regulatory Authority may determine that the requirements of regulation 25(1)(b) or (g) do not apply to the application for the service approval.
(3) If the centre-based service is to be relocated due to exceptional circumstances (whether for more or less than 12 months), the Regulatory Authority may determine that any of the following information is not required to be provided in the application for the service approval—
(a) the information set out in regulation 24(g);
(b) the contact details of the nominated supervisor set out in regulation 24(k);
(c) any of the information set out in regulation 25(1)(b), (ba), (c), (d), (e), (f) or (g).
(4) If the Regulatory Authority makes a determination under subregulation (3), the approved provider must provide the relevant information to the Regulatory Authority as soon as possible.
(5) A failure by the approved provider to provide the relevant information to the Regulatory Authority under subregulation (4) does not prevent the Regulatory Authority granting the service approval.
Note.
The Education and Care Services National Regulations 2012 of Western Australia do not include regulation 25A.
26 Application for service approval—family day care service
(1) An application under section 43 of the Law for a service approval for a family day care service must include the following information—
(a) the applicant’s full name and—
(i) provider approval number; or
(ii) if the applicant has applied for a provider approval but the application has not been decided, the applicant’s contact details;
(b) the name of the proposed family day care service;
(c) the proposed date on which the family day care service will commence operation;
(d) if known, the contact details, including after-hours telephone number, for the proposed principal office of the service;
(e) the proposed hours and days of operation of the family day care service including whether the service proposes to engage or register family day care educators who will provide overnight or weekend care;
(f) the proposed location and street address of the principal office of the family day care service;
(fa) a statement that the applicant has the right to occupy and use the proposed premises as a principal office and any document evidencing this;
Example.
A lease of the premises.
(g) the proposed number of family day care educators expected to be engaged by or registered with the proposed family day care service within 6 months of commencement of the service;
(ga) a statement that each family day care residence that will be part of the family day care service and each place other than a residence where education and care is to be provided to children as part of the family day care service will be located in this jurisdiction;
(h) the proposed local government areas in which the family day care educators expected to be engaged by or registered with the proposed family day care service will provide education and care;
(i) the proposed number of family day care coordinators expected to be engaged by the proposed family day care service within 6 months of commencement of the service;
(j) a statement that the applicant has prepared the policies and procedures referred to in regulation 168;
(k) a copy of the proposed policies and procedures referred to in regulation 169;
(l) if the family day care service will permit a family day care residence or venue with a swimming pool or something that may constitute a water hazard, a copy of the service’s proposed water safety policy;
Note.
Swimming pools are prohibited in Tasmania for all education and care services.
(m) the full name and contact details, including the after-hours telephone number, of each nominated supervisor;
Note.
The application must include a nominated supervisor’s written consent to the nomination unless the nominated supervisor is the approved provider—see section 44(1)(da) of the Law.
(n) if the application includes a request for approval of a place as a family day care venue for the service—
(i) the location and street address of the family day care venue; and
(ia) if the proposed family day care venue will be located within a multi-storey building shared with other occupants, the information specified in subregulation (3); and
(ii) a statement that the applicant has the right to occupy and use the place as a family day care venue and any document evidencing this; and
Example.
A lease of the premises.
(iii) an assessment (including any risk assessment) of the place conducted by the approved provider to ensure that the health, safety and wellbeing of children being educated and cared for by the service are protected.
(2) An assessment referred to in subregulation (1)(n)(iii) must consider the matters set out in regulation 116(2).
(3) For the purposes of subregulation (1)(n)(ia), the application must include the following information—
(a) the total number of storeys in the building;
(b) the storey or storeys on which the venue will be located;
(c) if the venue will be located on more than one storey, the ages of the children who will attend on each storey.
27 Additional matters to have regard to in determining application for service approval
In determining an application for a service approval under section 43 of the Law, the Regulatory Authority must have regard to the following matters—
(a) any suspension of the applicant’s provider approval;
(b) any conditions of the applicant’s provider approval;
(c) in the case of a proposed family day care venue or centre-based service to be located within a multi-storey building shared with other occupants, for each storey on which the venue or service is proposed to be located, whether there is direct egress to an assembly area to allow the safe evacuation of all children attending the venue or service, including non-ambulatory children.
Note.
See section 47(1)(g) of the Law.
28 Additional grounds for refusal to grant service approval
The Regulatory Authority may refuse to grant a service approval on the following grounds—
(a) the Regulatory Authority is not satisfied that the applicant is capable of operating the proposed service in a way that meets the requirements of the Law or these Regulations or the National Quality Standard;
Examples.
(b) in the case of a centre-based service, the Regulatory Authority is not satisfied that the applicant is entitled to occupy the education and care service premises.
Note.
See section 49(2) of the Law.
29 Condition on service approval—insurance
A service approval is granted subject to a condition that the approved provider must hold the following insurance in respect of the education and care service—
(a) a current policy of insurance providing adequate cover for the education and care service against public liability with a minimum cover of $10 000 000; or
(b) a policy of insurance or an indemnity against public liability provided by the Government of a State or Territory in respect of the education and care service.
Notes.
30 Condition on service approval—family day care educator insurance
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 each family day care educator engaged by or registered with the service holds insurance against public liability with a minimum cover of $10 000 000.
Notes.
31 Condition on service approval—quality improvement plan
A service approval is granted subject to the condition that the approved provider of the education and care service must ensure that the current quality improvement plan for the service—
(a) is kept at the education and care service premises or, in the case of a family day care service, the principal office of the family day care service; and
(b) is made available for inspection by the Regulatory Authority or an authorised officer; and
(c) is made available on request to parents of a child who is enrolled at the service or who are seeking to enrol a child at the service.
Notes.
32 Condition on service approval—entitlement to occupy premises
A service approval for a centre-based service is granted subject to the condition that the service continues to be entitled to occupy the education and care service premises.
Note.
See section 51(5) of the Law.
32A Condition on service approval—maximum number of family day care educators
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 the number of family day care educators providing education and care as part of the service does not exceed the maximum number of family day care educators determined by the Regulatory Authority in the service approval.
Note.
See section 51(5) of the Law.
33 Annual fees
The approved provider of an education and care service must pay the relevant prescribed annual fee for the service approval on or before 1 July in each year.
Note
Divisions 2 and 3 of Part 6.3 provide for the calculation of prescribed annual fees.
Division 2 Amendment of service approval and notice of change to nominated supervisor
34 Prescribed information for application to amend service approval
(1) An application under section 54 of the Law for an amendment of a service approval must include the following information—
(a) the name of the education and care service;
(b) the service approval number;
(c) the name and contact details of the contact person for the purposes of the application;
(d) the details of the amendment applied for;
(e) sufficient information or documentation to support the application for amendment;
(f) if the application includes a request for approval of a place as a family day care venue for the service—
(i) the location and street address of the family day care venue; and
(ia) whether the family day care venue is proposed to be located within a multi-storey building shared with other occupants and, if so, the additional information specified in subregulation (1A); and
(ii) a statement that the applicant has the right to occupy and use the place as a family day care venue and any document evidencing this; and
Example.
A lease of the premises.
(iii) an assessment (including any risk assessment) of the place conducted by the approved provider to ensure that the health, safety and wellbeing of children being educated and cared for by the service are protected.
(1A) For the purposes of subregulation (1)(f)(ia), the additional information to be included in an application is—
(a) the total number of storeys in the multistorey building; and
(b) the storey or storeys on which the venue is proposed to be located; and
(c) if the venue is proposed to be located on more than one storey, the ages of the children who will attend on each storey.
(2) An assessment referred to in subregulation (1)(f)(iii) must consider the matters set out in regulation 116(2).
35 Notice of addition of new nominated supervisor
A notice under section 56 of the Law to add a new nominated supervisor of an education and care service must include the following information—
(a) the name of the education and care service;
(b) the service approval number;
(c) the name and contact details of the contact person for the purposes of the application;
(d) the full name and contact details of the new nominated supervisor;
(e), (f) (Repealed)
(g) the date on which the new nominated supervisor commences or commenced work as a nominated supervisor.
Note.
A notice must include a nominated supervisor’s written consent to the nomination unless the nominated supervisor is the approved provider—see section 56(2)(a) of the Law.
Division 3 Transfer of service approval
36 Notice of transfer of service approval—centre-based service
A notice under section 59 of the Law of a transfer of a service approval for a centre-based service must include the following information—
(a) the name of the education and care service;
(b) the service approval number;
(c) the transferring approved provider’s—
(i) name and contact details; and
(ii) provider approval number;
(d) the receiving approved provider’s—
(i) name and contact details; and
(ii) provider approval number;
(e) the date on which the transfer is intended to take effect;
(f) the details of any proposed changes in relation to the information required to be provided under regulations 24 and 25.
37 Notice of transfer of service approval—family day care service
A notice under section 59 of the Law of a transfer of a service approval for a family day care service must include the following information—
(a) the name of the family day care service;
(b) the service approval number;
(c) the transferring approved provider’s—
(i) name and contact details; and
(ii) provider approval number;
(d) the receiving approved provider’s—
(i) name and contact details; and
(ii) provider approval number;
(e) the date on which the transfer is intended to take effect;
(f) the details of any proposed changes to the information required to be provided under regulation 26.
38 Notification of decision to intervene in transfer of service approval
A notification under section 62(2) of the Law of the decision to intervene in the transfer of a service approval must include the following information—
(a) the name of the education and care service;
(b) the service approval number;
(c) the name of the transferring approved provider;
(d) the name of the receiving approved provider;
(e) the matters about which the Regulatory Authority is concerned.
Division 4 Suspension of service approval
39 Maximum period of suspension of service approval
The prescribed maximum period of suspension of a service approval under sections 72(b)(i) and 79(1)(a)(ii) of the Law is 12 months.
40 Application for voluntary suspension of service approval
An application under section 85 of the Law for the suspension of a service approval must include the following information—
(a) the name of the education and care service;
(b) the service approval number;
(c) the name and contact details of the contact person for the purposes of the application;
(d) the reasons for the suspension;
(e) the date on which the suspension is proposed to take effect and the duration of the suspension;
(f) a statement indicating that the approved provider has notified the parents of children enrolled at the education and care service and any associated children’s service in accordance with section 85(4) of the Law.
Division 5 Service waiver
41 Service waiver—prescribed regulations
The regulations prescribed for the purposes of section 87(1) of the Law are—
(a) regulations 104, 107, 108 and 110; and
(b) in the case of a centre-based service, regulations 111 to 114, 120, 123, 126 and 130 to 134; and
(c) in the case of a family day care service, regulations 72A, 117, 124, 127 and 128; and
(d) any provision in Chapter 7 that applies in place of a provision referred to in paragraphs (a) to (c).
Reg 41: Am 2025 (711), reg 66; 2026 (54), Sch 1[4].
42 Prescribed information—application for service waiver
An application under section 87 of the Law for a service waiver must include the following information—
(a) the name of the education and care service;
(b) the service approval number;
(c) the name and contact details of the contact person for the purposes of the application;
(d) a statement that specifies—
(i) the regulations in relation to which a service waiver is sought; and
(ii) the way in which the education and care service does not or will not comply with the specified regulations;
(e) if the education and care service is unable to comply with the specified regulations—
(i) the reasons that the education and care service is unable to comply; and
(ii) details and evidence of any attempts made to comply with the specified regulations;
(f) in any other case, the reasons that the education and care service seeks the service waiver;
(g) the measures being taken or to be taken to protect the wellbeing of children being educated and cared for by the service while the service waiver is in force.
Note.
See section 88 of the Law.
43 Prescribed period—revocation of service waiver
(1) For the purposes of section 92(3) of the Law, the prescribed period in relation to a revocation of a service waiver under section 92(1) of the Law is—
(a) 14 days after the Regulatory Authority notifies the approved provider of the decision to revoke; or
(b) if another period is determined by the Regulatory Authority with the agreement of the approved provider, that other period.
(2) For the purposes of section 92(3) of the Law, the prescribed period in relation to a revocation of a service waiver under section 92(2) of the Law, is—
(a) 14 days after the Regulatory Authority notifies the approved provider of the approval of the application; or
(b) if another period is determined by the Regulatory Authority with the agreement of the approved provider, that other period.
Division 6 Temporary waiver
44 Temporary waiver—prescribed regulations
The regulations prescribed for the purposes of section 94(1) of the Law are—
(a) regulations 104, 107, 108 and 110; and
(b) in the case of a centre-based service, any provision in Division 2 of Part 4.3 and regulations 120, 123, 126, 130 to 134 and 136; and
(c) in the case of a family day care service, regulations 72A, 117, 124, 127, 128 and 136; and
(d) any provision in Chapter 7 that applies in place of a provision referred to in paragraphs (a) to (c).
45 Application for temporary waiver
An application under section 94 of the Law for a temporary waiver must include the following information—
(a) the name of the education and care service;
(b) the service approval number;
(c) the name and contact details of the contact person for the purposes of the application;
(d) a statement that specifies—
(i) the regulations in relation to which a temporary waiver is sought; and
(ii) the way in which the education and care service does not or will not comply with the specified regulations;
(e) the reasons that the education and care service is unable to comply with the specified regulations;
(f) details and evidence of any attempts made to comply with the specified regulations;
(g) the period for which a temporary waiver is sought and the reasons for seeking that period;
Note.
This period cannot exceed 12 months.
(h) details of steps that are being or will be taken in order to comply with the specified regulations;
(i) the measures being taken or to be taken to protect the wellbeing of children being educated and cared for by the education and care service while the temporary waiver is in force.
Note.
See section 95 of the Law.
46 Application for approval in principle of proposed premises
An application under section 106 of the Law for the approval in principle of proposed education and care service premises must include the following information—
(a) if the applicant is an individual—
(i) the applicant's full name; and
(ii) any former or other name the applicant may be known by; and
(iii) proof of the applicant's identity;
(b) if the applicant is a person other than an individual—
(i) the applicant's name; and
(ii) any trading or other name used by the applicant; and
(iii) documentary evidence of the legal status of the applicant and its constitution;
Example
The partnership agreement for a partnership.
(c) the applicant's ABN (if any);
(d) the applicant's provider approval number (if any);
(e) if the applicant does not have a provider approval number, whether the applicant has applied for a provider approval but the application has not been decided;
Note
A provider approval is not required for an application for an approval in principle.
(f) the applicant's street address and postal address or, if there is more than one address, the street address and postal address of the applicant's principal office;
(g) the name and contact details of the contact person for the purposes of the application;
(h) the location and street address of the proposed education and care service premises;
(i) a description of the land on which the proposed education and care service premises will be located;
Example
Lot and plan numbers on the certificate of title.
(j) a soil assessment for the site of the proposed education and care service premises;
(k) plans prepared by a building practitioner showing—
(i) all possible evacuation routes from each storey of the proposed education and care service premises; and
(ii) the assembly area proposed to be used in an emergency evacuation of the proposed education and care service premises;
(l) a description of—
(i) any other occupants or proposed occupants of the building in which the premises are proposed to be located; and
(ii) the types of any enterprises operating from properties within 50 metres of the proposed education and care service premises;
Example
A supermarket.
(m) a plan showing the direct sunlight to be received by the proposed education and care service premises between 9:00 am and 3:00 pm on the winter solstice and the summer solstice.
47 Application for amendment of approval in principle
An application under section 115 of the Law for an amendment of an approval in principle must include the following information—
(a) the approval in principle number (if any);
(b) the name of the approval in principle holder;
(c) the name and contact details of the contact person for the purposes of the application;
(d) the location and street address of the proposed education and care service premises;
(e) a description of the land on which the proposed education and care service premises will be located;
Example
Lot and plan numbers on the certificate of title.
(f) the details of the amendment applied for;
(g) any plans prepared by a building practitioner that are relevant to the amendment applied for.
48 Notice of transfer of approval in principle
A notice under section 118 of the Law of a transfer of an approval in principle must include the following information—
(a) the approval in principle number (if any);
(b) the name of the transferring approval in principle holder;
(c) the name and contact details of the contact person for the transferring approval in principle holder for the purposes of the transfer;
(d) the location and street address of the proposed education and care service premises;
(e) a description of the land on which the proposed education and care service premises will be located;
Example
Lot and plan numbers on the certificate of title.
(f) if the receiving approval in principle holder is an individual—
(i) the individual's full name; and
(ii) any former or other name the individual may be known by; and
(iii) proof of the individual's identity;
(g) if the receiving approval in principle holder is a person other than an individual—
(i) the person's name; and
(ii) any trading or other name used by the person; and
(iii) documentary evidence of the legal status of the person and its constitution;
Example
The partnership agreement for a partnership.
(h) the receiving approval in principle holder's ABN (if any);
(i) the receiving approval in principle holder's address and postal address or, if there is more than one address, the street address and postal address of the receiving approval in principle holder's principal office;
(j) the name and contact details of the contact person for the receiving approval in principle holder for the purposes of the transfer.
49 Application to extend approval in principle
An application under section 124 of the Law to extend an approval in principle must include the following information—
(a) the approval in principle number (if any);
(b) the name of the approval in principle holder;
(c) the name and contact details of the contact person for the purposes of the application;
(d) the location and street address of the proposed education and care service premises;
(e) a description of the land on which the proposed education and care service premises will be located;
Example
Lot and plan numbers on the certificate of title.
(f) the estimated date of completion of the construction, alteration or repair of the proposed education and care service premises;
(g) details of any proposed application for a service approval in respect of the proposed education and care service premises, including—
(i) the name of the approved provider (if any); and
(ii) the provider approval number (if any); and
(iii) the estimated date by which the application for a service approval will be made.
50 Application to reinstate approval in principle
An application under section 125 of the Law to reinstate an approval in principle must include the following information—
(a) the approval in principle number (if any);
(b) the name of the approval in principle holder at the time of the expiry of the approval in principle;
(c) the name and contact details of the contact person for the purposes of the application;
(d) the location and street address of the proposed education and care service premises;
(e) a description of the land on which the proposed education and care service premises will be located;
Example
Lot and plan numbers on the certificate of title.
(f) the estimated date of completion of the construction, alteration or repair of the proposed education and care service premises;
(g) details of any proposed application for a service approval in respect of the proposed education and care service premises, including—
(i) the name of the approved provider (if any); and
(ii) the provider approval number (if any); and
(iii) the estimated date by which the application for a service approval will be made.
51–54 (Repealed)
Part 3.1 Quality improvement plans
55 Quality improvement plans
(1) The approved provider of an education and care service must ensure that, within 3 months of the grant of the service approval, a quality improvement plan is prepared for the service that—
(a) includes an assessment by the provider of the quality of the practices of the service against the National Quality Standard and these Regulations; and
(b) identifies any areas that the provider considers may require improvement; and
(c) contains a statement of the philosophy of the service.
(2) The approved provider must submit the quality improvement plan to the Regulatory Authority on request.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
Note.
A compliance direction may be issued for failure to comply with subregulation (1).
Reg 55: Am 2025 (711), reg 5; 2026 (54), Sch 1[5] [7].
56 Review and revision of quality improvement plans
(1) The approved provider of an education and care service must review and revise the quality improvement plan for the service having regard to the National Quality Standard—
(a) at least annually; and
(b) at any time when directed by the Regulatory Authority.
(2) The approved provider must submit the current quality improvement plan to the Regulatory Authority on request.
Note.
See regulation 31 for the conditions on the service approval requiring the current quality improvement plan to be kept available.
57 Rating levels
For the purposes of section 134(1) of the Law, the prescribed rating levels are—
(a) Significant Improvement Required;
(b) Working Towards National Quality Standard;
(c) Meeting National Quality Standard;
(d) Exceeding National Quality Standard (the second highest rating level);
Note.
The second highest rating level is referred to in section 152(5) of the Law.
(e) Excellent rating (the highest rating level).
Note.
The criteria for an excellent rating are determined by the National Authority. See section 153 of the Law.
58 Prescribed provisional rating
For the purposes of section 133(2) of the Law, the prescribed provisional rating is Provisional—Not Yet Assessed under the National Quality Framework.
59 Significant Improvement Required
(1) A Significant Improvement Required rating may be given for a quality area stated in the National Quality Standard if the education and care service does not meet that quality area or a relevant regulation for that quality area in a way that the Regulatory Authority is satisfied constitutes a significant risk to the safety, health or wellbeing of any child or children being educated and cared for by the service.
(2) If an education and care service has a Significant Improvement Required rating for any quality area stated in the National Quality Standard, the overall rating of the service is to be Significant Improvement Required.
60 Working Towards National Quality Standard
(1) A Working Towards National Quality Standard rating may be given for a quality area stated in the National Quality Standard if the education and care service does not meet a standard in that quality area or a relevant regulation for that quality area but is not rated as Significant Improvement Required.
(2) If an education and care service has a Working Towards National Quality Standard rating for any quality area stated in the National Quality Standard but does not have a Significant Improvement Required rating for any quality area, the overall rating of the service is to be Working Towards National Quality Standard.
61 Meeting National Quality Standard
(1) A Meeting National Quality Standard rating may be given for a quality area stated in the National Quality Standard if the education and care service meets the standards and relevant regulations for that quality area.
(2) If an education and care service has a rating for each quality area stated in the National Quality Standard that is Meeting National Quality Standard or Exceeding National Quality Standard but does not satisfy the requirements of regulation 62 for an overall Exceeding National Quality Standard rating, the overall rating of the service is to be Meeting National Quality Standard.
62 Exceeding National Quality Standard
(1) Subject to subregulation (2), an Exceeding National Quality Standard rating may be given for a quality area stated in the National Quality Standard if the education and care service exceeds the standards for that quality area and complies with the relevant regulations for that quality area.
(2) An Exceeding National Quality Standard rating may only be given for the educational program and practice quality area of the National Quality Standard for an education and care service that educates and cares for children who are in the year that is 2 years before grade 1 of school if the service either—
(a) provides a preschool program; or
(b) has a documented arrangement with an approved provider of another education and care service to provide a preschool program and informs parents of this arrangement.
(3) The overall rating of an education and care service is to be Exceeding National Quality Standard if—
(a) the education and care service has an Exceeding National Quality Standard rating for all quality areas stated in the National Quality Standard; or
(b) the education and care service has—
(i) an Exceeding National Quality Standard rating for 4 or more quality areas stated in the National Quality Standard at least 2 of which are among the following quality areas—
(A) educational program and practice;
(B) relationships with children;
(C) collaborative partnerships with families and communities;
(D) leadership and service management; and
(ii) a Meeting National Quality Standard rating for each other quality area stated in the National Quality Standard.
63 Assessing approved education and care services
(1) Subject to subregulation (3), for the purposes of assessing an approved education and care service under section 133(1) of the Law, the Regulatory Authority—
(a) must consider—
(i) the current quality improvement plan for the service; and
(ii) any rating assessment history of the service, including any records of previous rating assessments made under the Law; and
(iii) the service’s history of compliance—
(A) with the Law as it applies in any participating jurisdiction in which the service operates; and
(B) in the period of 3 years preceding 1 January 2012, with a former education and care services law of a participating jurisdiction in which the service operates or has operated; and
Note.
The date specified in sub-subparagraph (B) does not apply in Western Australia. The applicable date in Western Australia is 1 August 2012—see regulation 63(1)(a)(iii)(B) of the Education and Care Services National Regulations 2012 of Western Australia.
(C) with an education law of a participating jurisdiction in which the service operates or has operated; and
(D) with a children’s services law of a participating jurisdiction in which the service operates or has operated; and
(b) must arrange for a site visit by an authorised officer—
(i) in the case of a centre-based service, of the education and care service premises; and
(ii) in the case of a family day care service, of one or more approved family day care venues or family day care residences.
(2) In addition to subregulation (1), the Regulatory Authority may consider the following—
(a) any relevant information disclosed to the Regulatory Authority by—
(i) a government department, public authority or local authority under section 271 of the Law; or
(ii) the Regulatory Authority of another participating jurisdiction under section 271 of the Law as applying in that jurisdiction or a person acting for that Authority; or
(iii) the relevant Commonwealth Department or a person acting for the relevant Commonwealth Department;
(b) any information available to the Regulatory Authority about any steps taken by the approved education and care service to rectify any matters identified during the rating assessment;
(c) information relating to any other quality assurance or registration process under an education law applicable to the approved education and care service;
(d) in the case of an education and care service that provides education and care to children in the year that is 2 years before grade 1 of school, whether the service facilitates access to a preschool program as set out in regulation 62(2).
(3) This regulation does not apply to a reassessment of an education and care service or an aspect or element of an education and care service under section 138 or 139 of the Law.
Note.
See Division 2 of this Part.
64 Matters for determination of rating
In determining a rating level under section 135 of the Law, the matters the Regulatory Authority may have regard to include the following—
(a) any matters that may be considered under regulation 63; and
(b) in the case of a reassessment and re-rating on application under section 139 of the Law, any information included in that application.
65 Assessment and rating of new education and care services
On being granted a service approval, an education and care service is rated as Provisional—Not Yet Assessed under the National Quality Framework.
Note.
See section 133(2) of the Law.
66 Application for reassessment
An application under section 139 of the Law for a reassessment and re-rating of an approved education and care service must include the following information—
(a) the name of the education and care service;
(b) the service approval number;
(c) the name and contact details of the contact person for the purposes of the application;
(d) the nature of the reassessment sought, including whether—
(i) the application is for reassessment of the service; or
(ii) the application is for reassessment of one or more aspects or elements of the service;
(e) if the application is for reassessment of an aspect or element of the service, the particular aspects or elements and quality areas in the National Quality Standard for which reassessment is sought;
(f) a statement setting out the reasons why reassessment is sought.
67 Reassessment by Regulatory Authority
For the purposes of the reassessment and re-rating of an approved education and care service or an aspect or element of an approved education and care service under section 138 or 139 of the Law, the Regulatory Authority—
(a) may consider any information referred to in regulation 63 in relation to the service, including the current quality improvement plan for the service; and
(b) may inspect the education and care service premises; and
(c) may consider any changes to the education and care service since the last assessment.
68 Prescribed information for request for review of rating
A request to the Regulatory Authority under section 141 of the Law for a review of rating levels must be accompanied by the following information—
(a) the name of the education and care service;
(b) the service approval number;
(c) the name and contact details of the contact person for the purposes of the request;
(d) the quality areas stated in the National Quality Standard to which the grounds for review relate.
Note.
Section 141(4)(b) of the Law requires that the request must set out the grounds on which a review is sought.
69 Application for further review by Ratings Review Panel
An application under section 144 of the Law for a further review by a Ratings Review Panel of rating levels must include the following information—
(a) the name of the education and care service;
(b) the service approval number;
(c) the name and contact details of the contact person for the purposes of the application;
(d) a statement setting out—
(i) the ground on which the provider seeks review of the decision of the Regulatory Authority; and
(ii) the quality areas stated in the National Quality Standard to which the ground for further review relates.
Note.
See section 145(2)(b) of the Law.
70 Prescribed areas of expertise or expert knowledge of Ratings Review Panel pool
For the purposes of section 147(3)(c) of the Law, the prescribed areas of expertise or expert knowledge are—
(a) the assessment of quality in education and care services or other relevant services; and
(b) best practice regulation.
Note.
These areas are in addition to the areas prescribed in section 147(3) of the Law.
70A Prescribed rating levels for application for highest rating
For the purposes of section 152(5) of the Law, an application for the highest rating level may only be made if the approved education and care service is rated at the second highest rating level in each quality area.
71 Application or re-application for the highest rating
An application under section 152 or a reapplication under section 159 of the Law for an approved education and care service to be assessed for the highest rating level must include the following information—
(a) the name of the education and care service;
(b) the service approval number;
(c) the name and contact details of the contact person for the purposes of the application;
(d) a statement and evidence demonstrating that the service meets the assessment criteria.
72 Offences in relation to giving false or misleading statements about ratings
(1) The approved provider of an education and care service must not falsely represent the overall rating or a rating in respect of a quality area stated in the National Quality Standard given to the service under the Law.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
(2) The approved provider must take reasonable steps to ensure that any person employed or engaged by the approved provider does not falsely represent the overall rating or a rating in respect of a quality area stated in the National Quality Standard given to the service under the Law.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
Note.
A compliance direction may be issued for failure to comply with subregulation (1) or (2).
Part 4.1AA Location of principal office
72A Location of principal office of family day care service
The principal office of an approved family day care service must be located within the jurisdiction in which the service approval for the service is granted.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
73 Educational program
(1) This Part applies in relation to the program (the educational program) that is required to be delivered under section 168 of the Law to a child being educated and cared for by an education and care service.
(2) An educational program is to contribute to the following outcomes for each child—
(a) the child will have a strong sense of identity;
(b) the child will be connected with and contribute to his or her world;
(c) the child will have a strong sense of wellbeing;
(d) the child will be a confident and involved learner;
(e) the child will be an effective communicator.
74 Documenting of child assessments or evaluations for delivery of educational program
(1) The approved provider of the education and care service must ensure that, for the purposes of the educational program, the following are documented—
(a) for a child preschool age or under—
(i) assessments of the child’s developmental needs, interests, experiences and participation in the educational program; and
(ii) assessments of the child’s progress against the outcomes of the educational program; and
(b) for a child over preschool age, evaluations of the child’s wellbeing, development and learning.
(2) In preparing the documentation, the approved provider must—
(a) consider—
(i) the period of time that the child is being educated and cared for by the service; and
(ii) how the documentation will be used by the educators at the service; and
(b) prepare the documentation in a way that is readily understandable by the educators at the service and the parents of the child.
Note.
A compliance direction may be issued for failure to comply with subregulation (1).
75 Information about educational program to be kept available
The approved provider of an education and care service must ensure that—
(a) information about the contents and operation of the educational program for the service is displayed at the education and care service premises at a place accessible to parents of children being educated and cared for by the service; and
(b) a copy of the educational program is available at the following places for inspection on request—
(i) in the case of a centre-based service, at the education and care service premises;
(ii) in the case of a family day care service, at each family day care residence or family day care venue.
Note.
A compliance direction may be issued for failure to comply with this regulation.
76 Information about educational program to be given to parents
The approved provider of an education and care service must ensure that a parent of a child being educated and cared for by the service is provided with the following information on request—
(a) information about the content and operation of the educational program so far as it relates to that child;
(b) information about the child’s participation in the program;
(c) a copy of the documents kept under regulation 74 in respect of the child.
Note.
A compliance direction may be issued for failure to comply with this regulation.
77 Health, hygiene and safe food practices
(1) The approved provider of an education and care service must ensure that nominated supervisors and staff members of, and volunteers at, the service implement—
(a) adequate health and hygiene practices; and
(b) safe practices for handling, preparing and storing food—
to minimise risks to children being educated and cared for by the service.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
(2) A nominated supervisor of an education and care service must implement, and ensure that all staff members of, and volunteers at, the service implement—
(a) adequate health and hygiene practices; and
(b) safe practices for handling, preparing and storing food—
to minimise risks to children being educated and cared for by the service.
Penalty—$6,600.
(3) A family day care educator must implement—
(a) adequate health and hygiene practices; and
(b) safe practices for handling, preparing and storing food—
to minimise risks to children being educated and cared for by the educator as part of a family day care service.
Penalty—$6,600.
Note.
A compliance direction may be issued for failure to comply with subregulation (1).
78 Food and beverages
(1) The approved provider of an education and care service must ensure that children being educated and cared for by the service—
(a) have access to safe drinking water at all times; and
(b) are offered food and beverages appropriate to the needs of each child on a regular basis throughout the day.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
(2) A nominated supervisor of an education and care service must ensure that children being educated and cared for by the service—
(a) have access to safe drinking water at all times; and
(b) are offered food and beverages on a regular basis throughout the day.
Penalty—$6,600.
(3) A family day care educator must ensure that children being educated and cared for by the educator as part of a family day care service—
(a) have access to safe drinking water at all times; and
(b) are offered food and beverages on a regular basis throughout the day.
Penalty—$6,600.
Note.
A compliance direction may be issued for failure to comply with subregulation (1).
79 Service providing food and beverages
(1) The approved provider of an education and care service that provides food or a beverage to children being educated and cared for by the service must ensure that—
(a) the food or beverage provided is nutritious and adequate in quantity; and
(b) the food or beverage provided is chosen having regard to the dietary requirements of individual children taking into account—
(i) each child’s growth and development needs; and
(ii) any specific cultural, religious or health requirements.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
(2) A nominated supervisor of an education and care service that provides food or a beverage to children being educated and cared for by the service must ensure that—
(a) the food or beverage provided is nutritious and adequate in quantity; and
(b) the food or beverage provided is chosen having regard to the dietary requirements of individual children taking into account—
(i) each child’s growth and development needs; and
(ii) any specific cultural, religious or health requirements.
Penalty—$6,600.
(3) A family day care educator who provides food or a beverage to children being educated and cared for by the educator as part of a family day care service must ensure that—
(a) the food or beverage provided is nutritious and adequate in quantity; and
(b) the food or beverage provided is chosen having regard to the dietary requirements of individual children taking into account—
(i) each child’s growth and development needs; and
(ii) any specific cultural, religious or health requirements.
Penalty—$6,600.
(4) To avoid doubt, this regulation does not apply to food or a beverage provided by a parent or family member for consumption by the child.
Note.
A compliance direction may be issued for failure to comply with subregulation (1).
80 Weekly menu
(1) The approved provider of an education and care service that provides food and beverages (other than water) to children being educated and cared for by the service must ensure that a weekly menu—
(a) is displayed at a place at the education and care service premises accessible to parents of children being educated and cared for by the service; and
(b) accurately describes the food and beverages to be provided by the service each day.
Penalty—
(a) for a large child care provider—$9,900; or
(b) otherwise—$3,300.
(2) A nominated supervisor of an education and care service that provides food and beverages (other than water) to children being educated and cared for by the service must ensure that a weekly menu—
(a) is displayed at a place at the education and care service premises accessible to parents of children being educated and cared for by the service; and
(b) accurately describes the food and beverages to be provided by the service each day.
Penalty—$3,300.
(3) A family day care educator who provides food and beverages (other than water) to children being educated and cared for by the educator as part of a family day care service must ensure that a weekly menu—
(a) is displayed at a place at the family day care residence or approved family day care venue accessible to parents of children being educated and cared for by the service; and
(b) accurately describes the food and beverages to be provided by the family day care educator each day.
Penalty—$3,300.
(4) To avoid doubt, this regulation does not apply to food and beverages provided by a parent or family member for consumption by the child.
Note.
A compliance direction may be issued for failure to comply with subregulation (1).
81 (Repealed)
82 Environment to be free from tobacco, vaping devices, vaping substances, drugs and alcohol
(1) The approved provider of an education and care service must ensure that children being educated and cared for by the service are provided with an environment that is free from the use of tobacco, vaping devices, vaping substances, illicit drugs and alcohol.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
(2) A family day care educator must ensure that children being educated and cared for by the educator as part of a family day care service are provided with an environment that is free from the use of tobacco, vaping devices, vaping substances, illicit drugs and alcohol.
Penalty—$6,600.
Note.
A compliance direction may be issued for failure to comply with subregulation (1).
83 Staff members and family day care educators not to be affected by alcohol or drugs
(1) The approved provider of an education and care service must ensure that a nominated supervisor or a staff member of, or volunteer at, the service is not affected by alcohol or drugs (including prescription medication) so as to impair the person’s capacity to supervise or provide education and care to children being educated and cared for by the service.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
(2) A nominated supervisor of an education and care service must not, while educating and caring for children for the service—
(a) consume alcohol; or
(b) be affected by alcohol or drugs (including prescription medication) so as to impair the supervisor’s capacity to supervise or provide education and care to the children.
Penalty—$6,600.
(3) A family day care educator must not, while providing education and care for children as part of a family day care service—
(a) consume alcohol; or
(b) be affected by alcohol or drugs (including prescription medication) so as to impair the educator’s capacity to provide education and care to the children.
Penalty—$6,600.
Note.
A compliance direction may be issued for failure to comply with subregulation (1).
84 Awareness of child protection law
(1) The approved provider of an education and care service must ensure that a person specified in subregulation (2), whether or not the person works with children, is advised of—
(a) the existence and application of the current child protection law; and
(b) any obligations that the person may have under that law.
Penalty—
(a) for a large child care provider—$9,900; or
(b) otherwise—$3,300.
(2) The following persons are specified—
(a) a nominated supervisor of the service;
(b) a staff member of the service;
(c) a volunteer at the service.
(d)
(3) A provider is taken to have met the provider’s obligation to ensure a specified person understands the matters set out in subregulation (1)(a) and (b) if the provider can ensure the specified person can explain the following—
(a) the obligations of the specified person as a mandatory reporter;
(b) the circumstances under which the specified person must make a report;
(c) how to submit a report.
Note.
A compliance direction may be issued for failure to comply with subregulation (1).
Reg 84: Am 2026 (52), Sch 1[3] [4].
Division 1A—Sleep and rest
84A Sleep and rest
(1) The approved provider of an education and care service must take reasonable steps to ensure that the needs for sleep and rest of children being educated and cared for by the service are met, having regard to the ages, developmental stages and individual needs of the children.
Penalty—
(a) for a large child care provider—$9,900; or
(b) otherwise—$3,300.
Note
A compliance direction may be issued for failure to comply with subregulation (1).
(2) A nominated supervisor of an education and care service must take reasonable steps to ensure that the needs for sleep and rest of children being educated and cared for by the service are met, having regard to the ages, developmental stages and individual needs of the children.
Penalty—$3,300.
(3) A family day care educator must take reasonable steps to ensure that the needs for sleep and rest of children being educated and cared for by the educator as part of a family day care service are met, having regard to the ages, developmental stages and individual needs of the children.
Penalty—$3,300
84B Sleep and rest policies and procedures
The sleep and rest policies and procedures required under regulation 168(2)(a)(v) must address—
(a) how children will be protected from any risks identified in a risk assessment conducted under regulation 84C; and
(b) how the sleep and rest needs of children being educated and cared for by the service are met, including how the ages, developmental stages and the sleep and rest needs of individual children are considered; and
(c) how the health care needs of individual children being educated and cared for by the service are met; and
(d) how requests from families about a child’s sleep and rest and cultural preferences are considered; and
(e) supervision and monitoring during sleep and rest periods, including—
(i) the method and frequency of checking the safety, health and wellbeing of children during sleep and rest periods; and
(ii) the documentation of sleep and rest periods; and
(f) how the sleep and rest practices at the service are consistent with any current health guidelines on the best practices to adopt to ensure the safety of children during sleep and rest; and
(g) the induction, training and knowledge of staff who educate and care for children at the service in relation to best practices for children’s sleep and rest; and
(h) the location and arrangement of sleep and rest areas at the service and how this meets the sleep and rest needs of children being educated and cared for by the service; and
(i) safety and suitability of cots, bedding and bedding equipment, having regard to the ages and developmental stages of children who will use the cots, bedding and bedding equipment; and
(j) management of potential hazards—
(i) in sleep and rest areas; and
(ii) on a child during sleep and rest periods; and
(k) management of physical safety and suitability of sleep and rest environments (including temperature, lighting and ventilation); and
(l) in the case of a family day care service that provides overnight care, management of risks relating to overnight care at each family day care residence or approved family day care venue of the service; and
(m) communication of the sleep and rest policies and procedures to a parent.
84C Risk assessment for purposes of sleep and rest policies and procedures
(1) The approved provider of an education and care service must ensure that a sleep and rest risk assessment is conducted in accordance with this regulation—
(a) at least once every 12 months; and
(b) as soon as practicable after becoming aware of any circumstance that may affect the safety, health or wellbeing of children during sleep and rest.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
Note
A compliance direction may be issued for failure to comply with subregulation (1).
(2) A risk assessment must consider the following—
(a) the number, ages and developmental stages of children being educated and cared for—
(i) by the education and care service; or
(ii) in the case of a family day care service, at each family day care residence or approved family day care venue of the service;
(b) the sleep and rest needs of children being educated and cared for (including health care needs, cultural preferences, sleep and rest needs of individual children and requests from families about a child’s sleep and rest)—
(i) by the education and care service; or
(ii) in the case of a family day care service, at each family day care residence or approved family day care venue of the service;
(c) the suitability of staffing arrangements to adequately supervise and monitor children during sleep and rest periods;
(d) the level of knowledge and training of staff supervising children during sleep and rest periods;
(e) the location of sleep and rest areas, including the arrangement of cots and beds within the sleep and rest areas—
(i) at the education and care service; or
(ii) in the case of a family day care service, at each family day care residence or approved family day care venue of the service;
(f) the safety and suitability of any cots, beds and bedding equipment, having regard to the ages and developmental stages of the children who will use the cots, bed and bedding equipment;
(g) any potential hazards—
(i) in sleep and rest areas; and
(ii) on a child during sleep and rest periods;
(h) the physical safety and suitability of sleep and rest environments (including temperature, lighting and ventilation)—
(i) at the education and care service; or
(ii) in the case of a family day care service, at each family day care residence or approved family day care venue of the service;
(i) in the case of a family day care service that provides overnight care to a child, any risks that the overnight care provided at the family day care residence or approved family day care venue of the service may pose to the safety, health or wellbeing of the child.
(3) As soon as practicable after conducting a risk assessment under this regulation, the approved provider of an education and care service must make any necessary updates to the sleep and rest policies and procedures.
(4) The approved provider must keep a record of each risk assessment conducted under this regulation.
84D Prohibition of bassinets
(1) The approved provider of an education and care service must ensure that a bassinet is not on the education and care service premises at any time during which children are being educated and cared for by the service.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
(2) A nominated supervisor of an education and care service must ensure that a bassinet is not on the education and care service premises at any time during which children are being educated and cared for by the service.
Penalty—$6,600.
(3) A family day care educator must ensure that, at any time during which the educator is educating and caring for children as part of a family day care service, a bassinet is not on the education and care service premises from which the educator is providing the education and care.
Penalty—$6,600.
Note—
A compliance direction may be issued for failure to comply with subregulation (1).
85 Incident, injury, trauma and illness policies and procedures
The incident, injury, trauma and illness policies and procedures of an education and care service required under regulation 168 must include procedures to be followed by nominated supervisors and staff members of, and volunteers at, the service in the event that a child—
(a) is injured; or
(b) becomes ill; or
(c) suffers a trauma.
86 Notification to parents of incident, injury, trauma and illness
The approved provider of an education and care service must ensure that a parent of a child being educated and cared for by the service is notified as soon as practicable, but not later than 24 hours after the occurrence, or alleged occurrence, if the child is involved in, or alleged to be involved in, any incident, injury, trauma or illness while the child is being educated and cared for by the education and care service.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
87 Incident, injury, trauma and illness record
(1) The approved provider of an education and care service must ensure that an incident, injury, trauma and illness record is kept in accordance with this regulation.
(2) A family day care educator must keep an incident, injury, trauma and illness record in accordance with this regulation.
(3) The incident, injury, trauma and illness record must include—
(a) details of any incident in relation to a child or injury received by a child or trauma to which a child has been subjected while being educated and cared for by the education and care service or the family day care educator, including—
(i) the name and age of the child; and
(ii) the circumstances leading to the incident, injury or trauma; and
(iii) the time and date the incident occurred, the injury was received or the child was subjected to the trauma;
(b) details of any illness which becomes apparent while the child is being educated and cared for by the education and care service or the family day care educator including—
(i) the name and age of the child; and
(ii) the relevant circumstances surrounding the child becoming ill and any apparent symptoms; and
(iii) the time and date of the apparent onset of the illness;
(c) details of the action taken by the education and care service or family day care educator in relation to any incident, injury, trauma or illness which a child has suffered while being educated and cared for by the education and care service or family day care educator, including—
(i) any medication administered or first aid provided; and
(ii) any medical personnel contacted;
(d) details of any person who witnessed the incident, injury or trauma;
(e) the name of any person—
(i) whom the education and care service notified or attempted to notify, of any incident, injury, trauma or illness which a child has suffered while being educated and cared for by the education and care service or family day care educator; and
(ii) the time and date of the notifications or attempted notifications;
(f) the name and signature of the person making an entry in the record, and the time and date that the entry was made.
(4) The information referred to in subregulation (3) must be included in the incident, injury, trauma and illness record as soon as practicable, but not later than 24 hours after the incident, injury or trauma, or the onset of the illness.
88 Infectious diseases
(1) If there is an occurrence of an infectious disease at an education and care service, the approved provider of the service must ensure that reasonable steps are taken to prevent the spread of the infectious disease at the service.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
(2) If there is an occurrence of an infectious disease at a centre-based service, the approved provider of the service must ensure that a parent or an authorised emergency contact of each child being educated and cared for by the service is notified of the occurrence as soon as practicable.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
(3) If there is an occurrence of an infectious disease at a family day care residence or approved family day care venue, the approved provider of the family day care service must ensure that a parent or an authorised emergency contact of each child being educated and cared for at the residence or venue as part of the service is notified of the occurrence as soon as practicable.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
89 First aid kits
(1) The approved provider of an education and care service must ensure that first aid kits are kept in accordance with this subregulation, wherever the service is providing education and care to children—
(a) an appropriate number of first aid kits must be kept having regard to the number of children being educated and cared for by the service; and
(b) the first aid kits must be suitably equipped; and
(c) the first aid kits must be easily recognisable and readily accessible to adults, having regard to the design of the education and care service premises.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
(2) A family day care educator must keep a first aid kit that is suitably equipped, easily recognisable and readily accessible to adults wherever the educator is educating and caring for children as part of a family day care service.
Penalty—$6,600.
Note.
A compliance direction may be issued for failure to comply with subregulation (1).
90 Medical conditions policy
(1) The medical conditions policy of the education and care service must set out practices in relation to the following—
(a) the management of medical conditions, including asthma, diabetes or a diagnosis that a child is at risk of anaphylaxis;
(b) informing nominated supervisors and staff members of, and volunteers at, the service of practices in relation to managing those medical conditions;
(c) the requirements arising if a child enrolled at the education and care service has a specific health care need, allergy or relevant medical condition, including—
(i) requiring a parent of the child to provide a medical management plan for the child; and
(ii) requiring the medical management plan to be followed in the event of an incident relating to the child’s specific health care need, allergy or relevant medical condition; and
(iii) requiring the development of a risk-minimisation plan in consultation with the parents of a child—
(A) to ensure that the risks relating to the child’s specific health care need, allergy or relevant medical condition are assessed and minimised; and
(B) if relevant, to ensure that practices and procedures in relation to the safe handling, preparation, consumption and service of food are developed and implemented; and
(C) if relevant, to ensure that practices and procedures to ensure that the parents are notified of any known allergens that pose a risk to a child and strategies for minimising the risk are developed and implemented; and
(D) to ensure that practices and procedures ensuring that all staff members and volunteers can identify the child, the child’s medical management plan and the location of the child’s medication are developed and implemented; and
(E) if relevant, to ensure that practices and procedures ensuring that the child does not attend the service without medication prescribed by the child’s medical practitioner in relation to the child’s specific health care need, allergy or relevant medical condition are developed and implemented; and
(iv) requiring the development of a communications plan to ensure that—
(A) relevant staff members and volunteers are informed about the medical conditions policy and the medical management plan and risk minimisation plan for the child; and
(B) a child’s parent can communicate any changes to the medical management plan and risk minimisation plan for the child, setting out how that communication can occur.
(2) The medical conditions policy of the education and care service must set out practices in relation to self-administration of medication by children over preschool age if the service permits that self-administration.
(3) In subregulation (2), the practices must include any practices relating to recording in the medication record for a child of notifications from the child that medication has been self-administered.
91 Medical conditions policy to be provided to parents
The approved provider of an education and care service must ensure that a copy of the medical conditions policy document is provided to the parent of a child enrolled at an education and care service if the provider is aware that the child has a specific health care need, allergy or other relevant medical condition.
Note.
A compliance direction may be issued for failure to comply with this regulation.
92 Medication record
(1) The approved provider of an education and care service must ensure that a medication record is kept that includes the details set out in subregulation (3) for each child to whom medication is or is to be administered by the service.
(2) A family day care educator must keep a medication record that includes the details set out in subregulation (3) for each child being educated and cared for by the educator as part of a family day care service to whom medication is or is to be administered.
(3) The details to be recorded are—
(a) the name of the child;
(b) the authorisation to administer medication (including, if applicable, self-administration), signed by a parent or a person named in the child’s enrolment record as authorised to consent to administration of medication;
(c) the name of the medication to be administered;
(d) the time and date the medication was last administered;
(e) the time and date, or the circumstances under which, the medication should be next administered;
(f) the dosage of the medication to be administered;
(g) the manner in which the medication is to be administered;
(h) if the medication is administered to the child—
(i) the dosage that was administered; and
(ii) the manner in which the medication was administered; and
(iii) the time and date the medication was administered; and
(iv) the name and signature of the person who administered the medication; and
(v) if another person is required under regulation 95 to check the dosage and administration, the name and signature of that person.
93 Administration of medication
(1) The approved provider of an education and care service must ensure that medication is not administered to a child being educated and cared for by the service unless—
(a) that administration is authorised; and
(b) the medication is administered in accordance with regulation 95 or 96.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
(2) The approved provider of an education and care service must ensure that written notice is given to a parent or other family member of a child as soon as practicable, if medication is administered to the child under an authorisation referred to in subregulation (5)(b).
Penalty—
(a) for a large child care provider—$9,900; or
(b) otherwise—$3,300.
(3) A nominated supervisor of an education and care service must ensure that medication is not administered to a child being educated and cared for by the service unless—
(a) that administration is authorised; and
(b) the medication is administered in accordance with regulation 95 or 96.
Penalty—$6,600.
(4) A family day care educator must ensure that medication is not administered to a child being educated and cared for by the educator as part of a family day care service unless—
(a) that administration is authorised; and
(b) the medication is administered in accordance with regulation 95 or 96.
Penalty—$6,600.
(5) In this regulation the administration of medication to a child is authorised if an authorisation to administer the medication—
(a) is recorded in the medication record for that child under regulation 92; or
(b) in the case of an emergency, is given verbally by—
(i) a parent or a person named in the child’s enrolment record as authorised to consent to administration of medication; or
(ii) if a parent or person named in the enrolment record cannot reasonably be contacted in the circumstances, a registered medical practitioner or an emergency service.
94 Exception to authorisation requirement—anaphylaxis or asthma emergency
(1) Despite regulation 93, medication may be administered to a child without an authorisation in case of an anaphylaxis or asthma emergency.
(2) If medication is administered under this regulation, the approved provider or a nominated supervisor of the education and care service or family day care educator must ensure that the following are notified as soon as practicable—
(a) a parent of the child;
(b) emergency services.
95 Procedure for administration of medication
Subject to regulation 96, if medication is administered to a child being educated and cared for by an education and care service—
(a) the medication must be administered—
(i) if the medication has been prescribed by a registered medical practitioner, from its original container, bearing the original label with the name of the child to whom the medication is to be administered, and before the expiry or use by date; or
(ii) from its original container, bearing the original label and instructions and before the expiry or use by date; and
(b) the medication must be administered in accordance with any instructions—
(i) attached to the medication; or
(ii) any written or verbal instructions provided by a registered medical practitioner; and
(c) except in the case of a family day care service or an education and care service that is permitted to have only 1 educator to educate and care for children, the following must be checked by a person other than the person administering the medication—
(i) the dosage of the medication to be administered;
(ii) the identity of the child to whom the medication is to be administered.
96 Self-administration of medication
The approved provider of an education and care service may permit a child over preschool age to self-administer medication if—
(a) an authorisation for the child to self-administer medication is recorded in the medication record for the child under regulation 92; and
(b) the medical conditions policy of the service includes practices for self-administration of medication.
97 Emergency and evacuation procedures
(1) The emergency and evacuation procedures required under regulation 168 must set out—
(a) instructions for what must be done in the event of an emergency; and
(b) an emergency and evacuation floor plan; and
(c) if the education and care service premises is located within a multi-storey building shared with other occupants and on a storey with no direct egress to an assembly area—
(i) all possible evacuation routes from each storey on which the premises is located; and
(ii) the evacuation routes that are proposed to be used in an evacuation; and
(iii) how all children will be safely evacuated from the premises, including non-ambulatory children; and
(iv) the stages in which an evacuation will be carried out; and
(v) the identity of the person in charge of an evacuation; and
(vi) the roles and responsibilities of staff members during an evacuation; and
(vii) the arrangements made with the other occupants of the multi-storey building in relation to the evacuation of the multi-storey building.
(2) For the purposes of preparing the emergency and evacuation procedures, the approved provider of an education and care service must ensure that a risk assessment is conducted to identify potential emergencies that are relevant to the service.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
(2A) The approved provider of a centre-based service must review the risk assessment conducted under subregulation (2)—
(a) at least once every 12 months; and
(b) as soon as practicable after becoming aware of any circumstance that may affect the safe evacuation of children from the service.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
(2B) As soon as practicable after reviewing the risk assessment under subregulation (2A), the approved provider of a centre-based service must make any necessary updates to the emergency and evacuation policies and procedures.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
(3) The approved provider of an education and care service must ensure that—
(a) in the case of a centre-based service, the emergency and evacuation procedures are rehearsed every 3 months by the staff members, volunteers and children present at the service on the day of the rehearsal and the responsible person in relation to the service who is present at the time of the rehearsal; and
(ab) in the case of a family day care service, the emergency and evacuation procedures are rehearsed every 3 months by each family day care educator and the children being educated and cared for by the family day care educator on that day; and
(b) the rehearsals of the emergency and evacuation procedures are documented.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
(4) The approved provider of an education and care service must ensure that a copy of the emergency and evacuation floor plan and instructions are displayed in a prominent position near each exit at the education and care service premises, including a family day care residence and approved family day care venue.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
Note.
A compliance direction may be issued for failure to comply with subregulation (2), (2A), (3) or (4).
98 Telephone or other communication equipment
The approved provider of an education and care service must ensure that, when educating or caring for children as part of the service, nominated supervisors and staff members of the service have ready access to an operating telephone or other similar means of communication to enable immediate communication to and from parents and emergency services.
Penalty—
(a) for a large child care provider—$9,900; or
(b) otherwise—$3,300.
Example.
Fixed-line telephone, mobile phone, satellite phone, 2-way radio, video conferencing equipment.
Note.
A compliance direction may be issued for failure to comply with this regulation.
99 Children leaving the education and care service premises
(1) The approved provider of an education and care service must ensure that a child who is being educated and cared for by the education and care service does not leave the education and care service premises except in accordance with subregulation (4).
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
(2) A nominated supervisor of an education and care service must ensure that a child who is being educated and cared for by the education and care service does not leave the education and care service premises except in accordance with subregulation (4).
Penalty—$6,600.
(3) A family day care educator must ensure that a child who is being educated and cared for by the educator as part of a family day care service does not leave the residence or approved family day care venue except in accordance with subregulation (4).
Penalty—$6,600.
(4) The child may only leave the relevant premises if the child—
(a) is given into the care of—
(i) a parent of the child; or
(ii) an authorised nominee named in the child’s enrolment record; or
(iii) a person authorised by a parent or authorised nominee named in the child’s enrolment record to collect the child from the premises; or
(b) leaves the premises in accordance with the written authorisation of the child’s parent or authorised nominee named in the child’s enrolment record; or
(c) is taken on an excursion in accordance with this Division; or
(ca) is transported by the service or on transportation arranged by the service in accordance with Division 7; or
(d) is given into the care of a person or taken outside the premises—
(i) because the child requires medical, hospital or ambulance care or treatment; or
(ii) because of another emergency.
(5) In this regulation parent does not include a parent who is prohibited by a court order from having contact with the child.
Note.
Regulation 99 does not apply in Western Australia. Western Australia has enacted an equivalent provision in section 165A of the Schedule to the Education and Care Services National Law (WA) Act 2012.
100 Risk assessment must be conducted before excursion
(1) The approved provider of an education and care service must ensure a risk assessment is carried out in accordance with regulation 101 before an authorisation referred to in regulation 102(4) is sought for an excursion.
Penalty—
(a) for a large child care provider—$19,800; or
(b) otherwise—$6,600.
(2) A nominated supervisor of an education and care service must ensure a risk assessment is carried out in accordance with regulation 101 before an authorisation referred to in regulation 102(4) is sought for an excursion.
Penalty—$6,600.
(3) A family day care educator must carry out a risk assessment in accordance with regulation 101 before an authorisation referred to in regulation 102(4) is sought for an excursion.
Penalty—$6,600.
(4) A risk assessment is not required under this regulation for an excursion if—
(a) the excursion is a regular outing; and
(b) a risk assessment has been conducted for the excursion; and
(c) that risk assessment has been conducted not more than 12 months before the excursion is to occur.
101 Conduct of risk assessment for excursion
(1) A risk assessment for an excursion must—
(a) identify and assess risks that the excursion may pose to the safety, health or wellbeing of any child being taken on the excursion; and
(b) specify how the identified risks will be managed and minimised.
(2) Without limiting subregulation (1), a risk assessment must consider—
(a) the proposed route and destination for the excursion; and
(b) any water hazards; and
(c) any risks associated with water-based activities; and
(d) if the excursion involves transporting children—
(i) the means of transport; and
(ii) any requirements for seatbelts or safety restraints under a law of each jurisdiction in which the children are being transported; and
(iii) the process for entering and exiting—
(A) the education and care service premises; and
(B) the pick-up location or destination (as required); and
(iv) procedures for embarking and disembarking the means of transport, including how each child is to be accounted for on embarking and disembarking; and
(e) the number of adults and children involved in the excursion; and
(f) given the risks posed by the excursion, the number of educators or other responsible adults that is appropriate to provide supervision and whether any adults with specialised skills are required; and
Example.
Specialised skills could include life-saving skills.
(g) the proposed activities; and
(h) the proposed duration of the excursion; and
(i) the items that should be taken on the excursion.
Example.
A mobile phone and a list of emergency contact numbers for children on the excursion.
102 Authorisation for excursions
(1) The approved provider of an education and care service must ensure that a child being educated and cared for by the service is not taken outside the education and care service premises on an excursion unless written authorisation has been provided under subregulation (4).
Penalty—
(a) for a large child care provider—$9,900; or
(b) otherwise—$3,300.
(2) A nominated supervisor of an education and care service must ensure that a child being educated and cared for by the service is not taken outside the education and care service premises on an excursion unless written authorisation has been provided under subregulation (4).
Penalty—$3,300.
(3) A family day care educator must ensure that a child who is being educated and cared for by the educator as part of a family day care service is not taken outside the residence or approved family day care venue on an excursion unless written authorisation has been provided under subregulation (4).
Penalty—$3,300.
(4) The authorisation must be given by a parent or other person named in the child’s enrolment record as having authority, given by a parent, to authorise the taking of the child outside the education and care sevice premises by an educator and must state—
(a) the child’s name; and
(b) the reason the child is to be taken outside the premises; and
(c) if the authorisation is for a regular outing, a description of when the child is to be taken on the regular outings; and
(ca) if the authorisation is for an excursion that is not a regular outing, the date the child is to be taken on the excursion; and
(d) a description of the proposed destination for the excursion; and
(e) if the excursion involves transporting children—
(i) the means of transport; and
(ii) any requirements for seatbelts or safety restraints under a law of each jurisdiction in which the children are being transported; and
(f) the proposed activities to be undertaken by the child during the excursion; and
(g) the period the child will be away from the premises; and
(h) the anticipated number of children likely to be attending the excursion; and
(i) the anticipated ratio of educators attending the excursion to the anticipated number of children attending the excursion; and
(j) the anticipated number of staff members and any other adults who will accompany and supervise the children on the excursion; and
(k) that a risk assessment has been prepared and is available at the service.
(5) If the excursion is a regular outing, the authorisation is only required to be obtained once in a 12 month period.
Division 6A—Safe arrival of children
102AA Definition
In this Division—
education or early childhood service means—
(a) a school; or
(b) an education and care service; or
(c) a children’s service; or
(d) any other service which provides education or care to children.
102AAB Safe arrival of children policies and procedures
(1) The safe arrival of children policies and procedures required under regulation 168(2)(gb) must set out the procedures to be followed by an education and care service to ensure the safe arrival of children who travel between an education and care service and any other education or early childhood service.
(2) In preparing the safe arrival of children policies and procedures, the approved provider of an education and care service must consult with—
(a) staff of the service; and
(b) parents of children being educated and cared for by the service; and
(c) children being educated and cared for by the service (if applicable).
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Title
These Regulations may be cited as the Education and Care Services National Regulations (NSW).
2 Authorising provisions
These Regulations are made under sections 301 and 324 of the Education and Care Services National Law.
3 Commencement
These Regulations commence on 1 January 2012.
Note.
The commencement dates for the Education and Care Services National Regulations 2012 of Western Australia were—
(a) regulations 1 and 3, 25 July 2012;
(b) the rest of the regulations, 1 August 2012.
4 Definitions
(1) In these Regulations—
ABN has the same meaning as in section 41 of the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;
actively working towards a qualification—see regulation 10;
approved anaphylaxis management training has the meaning given by regulation 136(5);
approved certificate III level education and care qualification means—
(a) a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved certificate III level education and care qualifications published under regulation 137; or
(b) a qualification included in the list of approved diploma level education and care qualifications or approved early childhood teaching qualifications published under regulation 137;
approved diploma level education and care qualification means—
(a) a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved diploma level education and care qualifications published under regulation 137; or
The Regulations include many jurisdiction‑specific and NSW additional provisions (for example, related providers in NSW—reg 9B; publication and digital publication of quality & compliance history—reg 173AA; NSW‑specific publication of regulatory action information—reg 226A), transitional and savings clauses and a number of amendments with staged compliance dates (parts of regs inserted or amended in 2025–2026).
Who is affected
Approved providers (organisations or individuals running services) — primary duty‑holders: they pay fees; must hold prescribed insurance; prepare and implement policies; ensure staff qualifications, checks and training; keep records; notify the Regulatory Authority of incidents and certain changes; and face administrative sanctions, fines or suspension for breaches.
Centre‑based services and family day care services — must meet premises, staffing, programming, ratio, safety and record requirements.
Educators, nominated supervisors, family day care educators, family day care coordinators — qualifications, age, training (child protection and child safety training introduced), working‑with‑children or working‑with‑vulnerable‑people checks, first‑aid and anaphylaxis/asthma training requirements, record keeping and possible public disclosure of enforcement outcomes.
Parents and children — parents gain rights to access information (attendance, program information, enrolment and health records) and to inspect service display information (ratings, approvals). Children are the substantive subject of the safety and quality duties.
Regulatory Authority and National Authority — decision‑makers with broad discretion to approve, refuse, suspend, publish, grant waivers and set fees; the National Authority also publishes approved qualifications lists and operates registers.
Why it matters (practical effects and mechanisms)
Safety and minimum quality are enforced by converting high‑level law into operational boxes to tick: fixed ratios, minimum qualifications, mandatory training, first aid/anaphylaxis/asthma rules, premises standards, hygiene and emergency procedures, incident reporting timelines and long record retention. Those specific rules change day‑to‑day processes at services (who is rostered, what documents are kept, what training is scheduled).
Costs and cashflow: providers (and indirectly parents) bear explicit financial costs (application and annual fees calculated by indexed formulas—Part 6.3), routine compliance costs (training, certifying qualifications, records systems, insurance minimums of $10m public liability or government indemnity—regs 29–30, 180), and potential penalties. There are also indirect costs of meeting premises and space requirements (plans, building practitioner statements, soil assessments, occupancy permits) for new or relocating services (regs 24–26, 25A, 46).
Entry and scaling effects: detailed premises and qualification requirements raise the fixed and variable costs of operation. Smaller operators and family day care providers face regulatory load (monthly pool inspections, venue approvals, additional recordkeeping, monthly inspections allowed remotely but constrained—regs 116, 116A–116B). Larger or corporate providers have scale to absorb administrative and capital costs, creating the potential for concentration effects where compliance favors professionally organised providers.
Administrative discretion and reputational risk: the Regulatory Authority has wide discretion (refuse, suspend, impose conditions, publish enforcement and compliance history — regs 27–28, 167, 173AA, 226A). NSW adds publication and digital disclosure of quality/compliance histories and specific regulatory actions (regs 173AA, 226A, 227–228), increasing reputational consequences for providers and influencing market behaviour (e.g., investment in compliance/procurement of legal advice).
Behavioural changes required: providers must adopt or revise policies and procedures, maintain detailed records, conduct regular risk assessments (excursions, transport, sleep/rest, safe arrival), run regular emergency rehearsals, ensure staff are trained and not impaired by drugs/alcohol, and prevent use of vaping, tobacco or alcohol on premises. Family day care arrangements face explicit approvals of residence areas and increased monitoring (regs 116, 116AA, 116A–116C).
Trade‑offs, incentives and risks
Trade‑offs: higher regulatory certainty for parents and clearer enforcement pathways versus higher compliance costs for providers (time and money). The instrument privileges procedural assurance (paper trails, qualifications, published ratings) which can substitute for market signals but increases regulatory complexity.
Incentives: providers are incentivised to: maintain documentation and publishable proof of compliance; invest in qualified staff and training; keep premises compliant to avoid penalties and public disclosures; and, where possible, seek waivers or temporary relief for costly requirements (regs 41–45).
Risks and implementation challenges: high administrative burden (multiple records, long retention periods up to 25 years for certain incident records—reg 183), complex cross‑jurisdictional rules (many state‑specific variations and transitional arrangements across Parts 7), staggered compliance dates for training and registers (2024–2026 amendments), and significant scope for bureaucratic discretion which may increase delays or inconsistent application between services or regions.
Concrete examples of impactful provisions
Staffing: educator:child ratios, and the requirement that 50% of educators for preschool‑age children hold (or be actively working towards) an approved diploma (reg 126); substitution rules allow temporary relief for short‑term illness but only within fixed day limits (regs 126A, 135).
Safety: mandatory first aid, anaphylaxis and asthma training in attendance whenever children are on premises (reg 136); sleep and rest policy + annual risk assessments (regs 84A–84C); prohibition on bassinets (reg 84D).
Premises: detailed plans and building practitioner involvement for service approvals, soil assessments and occupancy/permit evidence for centre premises (reg 25); family day care venues require annual assessments and monthly inspections of pools/water hazards in NSW amendments (regs 116, 116A–116C).
Information and exposure: mandatory display and publication of ratings and (in NSW) an approved provider’s quality & compliance history and details of regulatory actions (regs 173, 173AA, 173A, 226A, 227–228).
Net operational takeaway
Providers must run formal compliance programs (policies, training timetables, record systems), factor in administrative and capital costs when opening, relocating or altering services, and expect active supervision and public reporting by regulators. Parents gain clearer rights to information and notification, while regulators gain broad powers to monitor, sanction and publish enforcement outcomes.
(b) a qualification included in the list of approved early childhood teaching qualifications published under regulation 137;
approved early childhood teaching qualification means a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved early childhood teaching qualifications published under regulation 137;
approved education and care qualification, in regulations 126A, 135 and 324, means—
(a) an approved certificate III level education and care qualification; or
(b) an approved diploma level education and care qualification; or
(c) an approved early childhood teaching qualification;
approved emergency asthma management training has the meaning given by regulation 136(5);
approved first aid qualification has the meaning given by regulation 136(5);
approved number of places, in relation to a centre-based service, means the maximum number of children who can be educated and cared for by the service at any one time, stated on the service approval under section 52(g) of the Law;
bankruptcy declaration means a declaration made by an individual about any proceeding in bankruptcy brought against the individual including—
(a) whether any actions have been taken against the individual under Part IV of the Bankruptcy Act 1966 of the Commonwealth; and
(b) whether the individual has made any debt agreement under Part IX of the Bankruptcy Act 1966 of the Commonwealth; and
(c) whether the individual has made any personal insolvency agreement under Part X of the Bankruptcy Act 1966 of the Commonwealth;
building law means a law generally regulating building construction and demolition;
building permit means a permit or consent to carry out building work issued under a building law or planning and development law of a participating jurisdiction;
building practitioner means—
(a) a person who is registered as a building surveyor, building inspector or draftsperson under a law of a participating jurisdiction; or
(b) a person who is registered as an architect under a law of a participating jurisdiction; or
(c) a person who is licensed as a surveyor under a law of a participating jurisdiction; or
(d) a person who is licensed or registered as a building certifier under a law of a participating jurisdiction; or
(e) a person who is accredited under a law of a participating jurisdiction to design buildings that will be used to provide education and care services;
centre-based service means an education and care service other than a family day care service;
certificate of final inspection means a certificate issued on completion of building work by a building practitioner under a building law or planning and development law of a participating jurisdiction;
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 the year before grade 1 or in grade 1 or a higher grade;
child preschool age or under means a child under the age of 7 years who is not a child over preschool age;
criminal history record check means a full disclosure Australia-wide criminal history record check, issued by a police force or other authority of a State or Territory or the Commonwealth;
criminal history statement means a statement made by an individual that—
(a) states whether the individual has been convicted in Australia of any offences relevant to a person seeking to work with children; and
(b) includes details of those convictions;
diagnosed as at risk of anaphylaxis, in relation to a child, means a child who has been diagnosed by a registered medical practitioner as at risk of anaphylaxis;
disciplinary proceedings statement means a statement made by an individual that states—
(a) whether the individual is or has been subject to a formal disciplinary proceeding or action under an education law of a participating jurisdiction (other than a proceeding or action that was unsuccessful or was withdrawn); and
(b) the outcome of the proceeding or action (if known);
early childhood teacher means a person with an approved early childhood teaching qualification;
educational program means a program referred to in section 168 of the Law;
emergency, in relation to an education and care service, means an incident, situation or event where there is an imminent or severe risk to the health, safety or wellbeing of a person at the education and care service;
Examples.
excursion means an outing organised by an education and care service or family day care educator, but does not include the following—
(a) an outing organised by an education and care service provided on a school site if—
(i) the child or children leave the education and care service premises in the company of an educator; and
(ii) the child or children do not leave the school site;
(b) the mere provision of the same education and care services at different education and care service premises;
family assistance law has the same meaning as it has in the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth;
family day care educator assistant means a person engaged by or registered with a family day care service to assist family day care educators;
financial declaration means a declaration made by a person who is not an individual indicating whether the person is or has been declared insolvent or is or has been placed under external administration;
in attendance, at a centre-based service, in relation to an early childhood teacher or a suitably qualified person—see regulation 11;
infectious disease, in relation to a participating jurisdiction, means an infectious disease that is designated under a law of that jurisdiction or by a health authority (however described) as a disease that would require a person with the disease to be excluded from an education and care service;
medication means medicine within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth;
multi-storey building means a building with more than 2 storeys;
occupancy permit means a certificate or permit issued under a building law or planning and development law of a participating jurisdiction that permits a building to be occupied;
optical surveillance device has the same meaning as in section 6(1) of the Surveillance Devices Act 2004 of the Commonwealth;
overseas criminal history statement means a statement made by an individual that—
(a) states whether the individual has been convicted outside Australia of any offences relevant to a person seeking to work with children; and
(b) includes details of those convictions;
planning and development law means a law generally regulating the planning of the use and development of land;
planning permit means a permit, approval or consent in respect of the use or development of any land granted under a building law or a planning and development law of a participating jurisdiction;
previous service statement means a statement made by an individual that states—
(a) whether or not the individual has held any role with an education and care service or a children’s service in the previous 3 years; and
(b) includes the following details for each role—
(i) the name of the service; and
(ii) the State or Territory in which the service was located; and
(iii) the nature of the role;
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
regular outing, in relation to an education and care service, means a walk, drive or trip to and from a destination—
(a) that the service visits regularly as part of its educational program; and
(b) where the circumstances relevant to the risk assessment are substantially the same on each outing;
regular transportation, in relation to an education and care service, means the transportation by the service or arranged by the service (other than as part of an excursion) of a child being educated and cared for by the service, where the circumstances relevant to a risk assessment are substantially the same for each occasion on which the child is transported;
renovate, in relation to premises, means—
(a) construction, demolition, removal or relocation of a building or other fixed structure (or part of a building or other fixed structure); or
(b) carrying out structural alterations on a building or other fixed structure;
responsible person, in relation to an education and care service, means a person referred to in section 162(1)(a) to (c) of the Law;
scheme commencement day means 1 January 2012;
Note.
The scheme commencement day for Western Australia was 1 August 2012—see the definition of scheme commencement day in regulation 4 of the Education and Care Services National Regulations 2012 of Western Australia.
serious incident—see regulation 12;
soil assessment means an analysis of soil conducted by an environmental consultant, environmental consulting firm, or environmental auditor for the purposes of determining—
(a) the nature, extent and levels of contamination; and
(b) the actual or potential risk to human health resulting from that contamination;
storey, of a building, includes the following—
(a) the ground level;
(b) a level of a split level;
suitably qualified person means a person who has—
(a) a qualification for the education and care of children generally or children of a specified age that is approved by the National Authority and included in the list of approved qualifications for suitably qualified persons published under regulation 137; or
(b) a qualification approved by the National Authority as a higher qualification for suitably qualified persons and included in the list of approved qualifications for suitably qualified persons published under regulation 137;
the Law means the Education and Care Services National Law;
vaping device has the same meaning as in section 41P of the Therapeutic Goods Act 1989 of the Commonwealth;
vaping substance has the same meaning as in section 41P of the Therapeutic Goods Act 1989 of the Commonwealth;
working directly with children—see regulation 13;
working with children check number has the same meaning as it has in the Child Protection (Working with Children) Act 2012 of New South Wales;
working with vulnerable people check means a check of a person under a working with vulnerable people law of a participating jurisdiction;
working with vulnerable people registration means—
(a) in relation to the Australian Capital Territory—a registration issued to a person under the Working with Vulnerable People (Background Checking) Act 2011 of the Australian Capital Territory allowing the person to be engaged in an education and care service; or
(b) in relation to Tasmania—a registration issued to a person under the Registration to Work With Vulnerable People Act 2013 of Tasmania allowing the person to be engaged in childcare services.
(1A) A requirement under these Regulations applying in relation to a stated number of children applies each time there is the stated number of children or a part of the stated number.
Example.
There are 30 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 11 children. In this case 3 educators would be required.
(2) Unless the context otherwise requires, a reference in these Regulations to a Part by a number is a reference to the Part, designated by that number, of these Regulations.
(3) Guides to Chapters do not form part of these Regulations.
Reg 4: Am 2025 (711), reg 65; 2026 (52), Sch 1[1].
1
Flood.
2
Fire.
3
A situation that requires the education and care service premises to be locked down.
5 Services that are not education and care services
(1) For the purposes of paragraph (g) of the definition of education and care service in section 5(1) of the Law, the following classes of disability service are excluded from the definition of education and care service—
(a) a service that is a designated service within the meaning of the Disability Services Act 1993 of New South Wales;
(b) services that are disability services under the Disability Services Act 2006 of Queensland;
(c) a disability service provided by a disability service provider within the meaning of the Disability Act 2006 of Victoria;
(d) a service providing education and care to a child wit
This is an opening excerpt, not the complete document.