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Regulations PDF Print E-mail

Changes to the National Regulations from 1 June 2014

Effective from 1 June 2014, the Education and Care Services National Amendment Regulations 2014 introduce a number of changes to the existing regulations. The main amendments include:

  • Streamlining the supervisor certificate application process.
  • Extending the timeframe for a person who is actively working towards an early childhood teaching qualification to be counted towards early childhood teacher requirements.
  • A more practical approach to submission of Quality Improvement Plans for approved providers with a new service.

This information sheet outlines what the changes mean for services in NSW. You can read more on the ACECQA website here >.

A significant change for NSW is brought about by the change to Regulation 272 (Amendment 38). This replaces clauses 131-134 (was 131-135). This means NSW providers are now covered by clause 135 “Early childhood teacher illness or absence” whereas previously they were not. This  clause allows a service to replace an early childhood teacher who is ill or on leave with an approved diploma qualified or primary teacher qualified person for up to 12 weeks. However, the approved provider still must ensure that staff needed to meet educator to child ratios continue to meet the qualifications requirements under clause 126, in particular that 50% of these educators have at least an approved diploma or above (or be working towards). This means that a primary trained teacher will not meet this requirement unless they also have or are working towards their diploma. This information has been confirmed by DEC.

Education and Care Services National Regulations

The Education and Care Services National Regulations were amended on 1 September 2013. You can download the latest version of the Regulations here, and find more information more about the amendments here.

The Ministerial Council for Education, Early Childhood Development and Youth Affairs approved the Education and Care Services National Regulations on 14 October 2011.

Please note : the Children's Service Regulation 2004 and the Children's Services Amended Regulation 2010 are NO LONGER CURRENT. The following information is provided for historical information only.

The full review of the Children’s Services Regulation discontinued
Due to the introduction of the National Quality Agenda and the Education and Care National Regulations, the NSW Government decided not to continue with the comprehensive review of the Children’s Services Regulation 2004. Instead, the Children's Services Regulation was extended until the end of 2011. The NSW Government proceeded with selected amendments to the existing Regulation, including the introduction of a 1:4 ratio for children under two years.

These amendements are detailed below.

Children's Services Amended Regulation 2010
The Children's Services Amended Regulation 2010 can be downloaded here. This document made some key amendments to the Children's Services Regulation 2004 and the Children and Young Persons (Care and Protection) Act 1988. These changes were effective from 1 January 2011 and include:

  • simplifying and streamlining the licensing model,
  • strengthening the Regulation to ensure the safety, welfare and wellbeing of children in children’s services
  • increasing operational flexibility in relation to the number of children in attendance at a services, and
  • increasing the ratio of staff to children under two years to 1:4 in centre based and mobile services.

The NSW Regulation was current until the end of 2011, with the National Quality Framework and Education and Care National Regulation applying from 1 January 2012.

Click here for a full copy of the Children's Services Regulation 2004.



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