Ministerial Directions

Under Section 223B of the Children (Education and Care Services) National Law (NSW), the Minister for Education and Early Learning may direct approved providers, service leaders and staff to take specific actions to prioritise the safety, welfare or wellbeing of children in early childhood education and care (ECEC).

These Ministerial Directions may apply to the entire sector, a subset of people or to individual persons or entities in relation to a particular case.

A Ministerial Direction can only be made when the Minister has reasonable grounds to believe that the direction is necessary to prevent unacceptable risk to the safety, welfare or wellbeing of a child or children attending early childhood education and care services.

A Ministerial Direction is legally binding, and non-compliance is a serious offence.

The Minister will give notice of a Direction in the way they deem appropriate, which may or may not include a written notice to you directly. It is your responsibility to stay aware of active Directions.

A list of currently active Ministerial Directions can be found on this page.

Who Ministerial Directions apply to

All persons involved in the provision of an approved ECEC service must adhere to any direction made by the Minister. This includes:

• approved providers 

• nominated supervisors 

• educators 

• family day care educators 

• service employees 

• contractors 
  

• volunteers. 

Penalties for non-compliance

There are significant penalties for those found to be non-compliant with a direction issued by the Minister.

Under Section 223B(5), a relevant person who fails to meet a Ministerial order may be subject to substantial fines, with a maximum penalty of:

• $55,000 for individuals

• $903,150 for large providers

• $301,050 for other providers.

Current directions issued by the Minister for Education and Early Learning

Previous directions issued by the Minister for Education and Early Learning

Regulator Directions

Under Section 261A of the Children (Education and Care Services) National Law (NSW), the NSW Early Learning Commission – as the independent regulator for early childhood education and care (ECEC) in NSW – may direct approved providers, service leaders and staff to take specific actions to prioritise the safety, welfare or wellbeing of children in ECEC.

These Regulator Directions may apply to the entire sector, a subset of people or to individual persons or entities in relation to a particular case.

A Regulator Direction can only be made when the Regulator has reasonable grounds to believe that the direction is necessary to prevent unacceptable risk to the safety, welfare or wellbeing of a child or children attending early childhood education and care services.

A Regulator Direction is legally binding, and non-compliance is an offence.

The Commission will give notice of a Direction in the way they deem appropriate, which may or may not include a written notice to you directly. It is your responsibility to stay aware of active Directions.

A list of currently active Regulator Directions can be found on this page.

Who Regulator Directions apply to

All persons involved in the provision of an approved ECEC service must adhere to any direction made by the NSW Early Learning Commission. This includes:

• approved providers 

• nominated supervisors 

• educators 

• family day care educators 

• service employees 

• contractors 

• volunteers
  

• recruitment agencies or labour hire agencies, or employees of recruitment agencies or labour hire agencies, that supply educators to education and care services.  

Penalties for non-compliance

There are significant penalties for those found to be non-compliant with a direction issued by the Regulator.

Under Section 261A, a relevant person who fails to meet a Regulator order may be subject to substantial fines, with a maximum penalty of:

• $34,200 for individuals

• $516,000 for large providers

• $172,000 for other providers.

Current directions issued by the NSW Early Learning Commission

Ministerial Guidelines

Under Section 223A of the Children (Education and Care Services) National Law (NSW), the Minister for Education and Early Learning may issue guidelines about any matter relating to the delivery of education and care services to children in New South Wales.

This includes matters relating to:

• best practice for early childhood education
  

• guidance about standards for ensuring approved providers provide services that are fit for purpose

• disciplinary proceedings.

Ministerial Guidelines are different to Ministerial Directions in that guidelines are non-legally binding and clarify what is expected of those involved in the provision of ECEC services. They can also clarify what the Minister and Commission will consider to be compliance with specific provisions of legislation.

Current guidelines issued by the Minister for Education and Early Learning

Government protocols

Under Section 261(1) of the Children (Education and Care Services) National Law (NSW), the NSW Early Learning Commission, as the regulatory authority in NSW, has the power to do all things that are necessary or convenient to be done for, in connection with, or that are incidental to, the carrying out of its functions under the National Law.

This includes establishing government protocols to give effect to provisions contained in the National Law. A government protocol is an official document that explains what actions or requirements are necessary to meet legal obligations.

Penalties for non-compliance

There is no standalone penalty for non-compliance with a government protocol. However, non-compliance with the requirements of a government protocol may mean you are in breach of a provision in the legislation, and penalties may apply.

Current protocols issued by the NSW Early Learning Commission