Regulatory framework

Find out how we administer the regulation of services in accordance with various acts, regulations and frameworks.

The regulations that govern early childhood education services in NSW depend on the service type. Most services are regulated under the National Quality Framework (NQF).

A range of regulations are in place governing early childhood education and care services. The applicable regulations are determined based on the type of service.

The NSW Department of Education administers the regulation of services in accordance with the:

National Quality Framework and National Quality Standards

Most education and care services for children around Australia are regulated under the National Quality Framework (NQF).

The National Quality Framework (NQF) is the result of an agreement between all Australian governments to work together to provide better educational and developmental outcomes for children.

The Framework includes the Education and Care Services National Law and Regulations under that Law. A National Quality Standard for services is an important part of the Regulations.

Service types regulated under the National Law

The National Law and Regulations regulate the following service types:

  • Long day care
  • Family day care
  • Preschools
  • Out-of-school hours care

Changes from 1 October 2017

Changes to the National Law and Regulations were introduced in all states and territories (except Western Australia which will implement these changes by 1 October 2018) to ensure the delivery of early childhood education and care services nationally continues to improve in the most efficient and effective way.

Changes to the National Quality Standard come into effect on 1 February 2018.

Supplementary Provisions Act

Some service types are regulated under the Children (Education and Care Services) Supplementary Provisions Act 2011 and the Children (Education and Care Services) Supplementary Provisions Regulation 2012.

These service types include:

  • home-based services
  • mobile services
  • occasional care services
  • Budget based funded (BBF) services
    • BBF services are specifically identified services that receive financial assistance under the Commonwealth's Budget Based Funding Program including services in predominantly regional, remote and Aboriginal and Torres Strait Islander Communities.

The Supplementary Provisions Act is being updated in 2018 to bring standards into line with those for services regulated under the National Law.

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