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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 introduced 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.

Most education and care services for children around Australia are regulated under the National Quality Framework (NQF). Service types covered by the NQF are regulated under the National Law and Regulations.  

Children (Educaiton and Care Service) Supplemntary Provisions Act and Reulations

Some service types are not covered by the NQF. These services are covered by their own Act and Regulation - the Children (Education and Care Services ) Supplementary Provisions Act  2011, and the Children (Education and Care Services) Supplementary Provisions Regulation 2012. Service types regulated under the Supplementary Act and Regulation include homebased, mobile and occasional care services. These services are collectively referred to as "state regulated education and care services" 

The Children (Education and Care Services) Supplementary Provisions Regulation 2012 commenced on 1 September 2012 and is a re-make of the former 2004 regulation of the same name. The 2012 Regulation introduces new requirements for anaphylaxis and emergency asthma management training.

Regulatory Authorities

Each state and territory has a regulatory authority that regulates and assesses children's educations and care services.

NSW - NSW Early Childhood Education and Care Directorate, Department of Education

ACT - Children's Education and Care Assurance, Education and Training Directorate

NT - Quality Education and Care NT, Department of Education

QLD - Early Childhood Education and Care, Department of Education and Training

SA - Education and Early Childhood Services Registration and Standards Board of NSW

TAS - Department of Education, Education and Care Unit

VIC - Department of Education and Training

WA - Department of Local Government and Communities, Education and Care Regulatory Unit




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