The review has been commissioned to consider the NSW ECEC Regulatory Authority’s activities in accordance with the National Law and Regulations and the National Quality Framework.

The purpose of the review is to ensure the NSW ECEC Regulatory Authority is positioned to achieve its core purpose – to regulate, monitor and support more than 6,000 ECEC services across NSW to drive quality outcomes for children and communities, and ensure all children get the best start in life.

Review

Former Deputy NSW Ombudsman Chris Wheeler is conducting the review.

ECEC Regulation in NSW Independent Review

Terms of reference

1. Context

In accordance with the Education and Care Services National Law and National Regulations, the National Quality FrameworkExternal link (NQF) is a risk-informed model of regulation that seeks to improve the educational and developmental outcomes for children attending education and care services.

The NQF provides a national approach to regulation, assessment and quality improvement and is supported by appropriate and proportionate compliance responses whenever risks to the safety, health and wellbeing of children are identified or reported.

The NSW Department of Education, through its Early Childhood Education and Care Regulatory Authority (ECEC RA), administers and enforces the NQF in NSW. The ECEC RA regulates more than 6,000 services that educate and care for approximately half a million children in NSW. These services care for children from birth to school age. Service types include long day care, outside school hours care (OSHC), family day care, preschool, mobile and occasional care services.

The NSW Government has issued the ECEC RA a Statement of Expectations.

The Statement of Expectations was created to build confidence and trust in the regulation of early childhood education and care services by establishing clear expectations for regulation and continuous improvement of the ECEC RA. The Statement of Expectations outlines the ECEC RA’s agreed deliverables, which support the delivery of safe, high-quality early childhood education and care in NSW.

2. Scope of the Review

The NSW Government is seeking an independent review to assure itself and the wider community that the work of the ECEC RA in NSW:

• demonstrates regulatory efficacy under the NQF
• is in line with and responsive to the NSW Government’s expectations, and
• is resourced, structured and operating adequately to meet the objectives of the NQF.

Specific matters to be addressed in the independent review include examination of:

• the trends and reasons behind them in relation to the level of compliance activity and actions in NSW
• the level of information made available to the public about the compliance performance of early childhood education and care services in NSW, and
• comparative analysis of these matters across Australian jurisdictions, including any other matters concerning regulatory efficacy.

The independent review should also consider more broadly and make recommendations for improvement in line with findings, both in relation to:

• whether the ECEC RA in NSW is doing an effective job given the national framework in which it must operate, and
• to what extent the national framework is in alignment with the NSW Government’s expectations.

The independent review will be supported, where appropriate and as determined by the independent reviewer, through external engagement with key stakeholders.

3. Deliverables and Timelines

The independent reviewer will be appointed in March 2025. An independent review report will be submitted to the NSW Government for its consideration by 31 May 2025 with a view to the independent review report being published by 30 June 2025.

Other contacts

If you have a complaint or would like to make a disclosure about a matter at your early childhood centre you can contact the Regulatory Authority's specialist team to make a report on 1800 619 113 (toll free) or ececd@det.nsw.edu.au. Complainants may remain anonymous if they wish.