Publishing this information is part of the department’s commitment to keeping families, the community and the ECEC sector informed about the compliance actions it takes in relation to serious offences.

In addition to requirements for a service to maintain a record of compliance, the department may publish information about certain serious enforcement actions taken by the NSW Early Childhood Regulatory Authority under the National Law and the Education and Care Services Act 2013 (ECS Act).

Not every enforcement or compliance action taken against a service is published. Families wishing to see a comprehensive record of a service’s compliance should request to see the record of service’s compliance history, which is required to be kept under regulation 167 of the National Regulations.

Enforcement action information is only published after all review periods are complete.

What is an approved provider?

An approved provider of an ECEC service is the person or organisation approved to operate the service. The approved provider is ultimately responsible for ensuring that the service complies with legal requirements. A nominated supervisor within an individual service and family day care educators also have obligations under the law.

Risk-based approach

The department uses a risk-based approach to regulation including conducting monitoring activities as part of that approach. If the department detects a breach of the legislation, it will formally notify the approved provider and will take any necessary and appropriate action to ensure the issues are rectified.

Visit the regulatory framework page for information on the laws that apply to your service.

Enforcement actions taken

The table below shows the number of enforcement actions issued by the Regulatory Authority for the current calendar year (2024) only.

Families access to compliance records

Subject to the review rights outlined below, all education and care services approved under the National Law and the ECS Act are required to keep a record of their compliance.

This record must contain details of any:

• compliance direction or compliance notice issued to the approved provider of the service
• suspension of service approval (other than by voluntary application)
• amendment to service approval made by the department.

Families can ask to view a service’s compliance record at any time. The record must be made available to any person upon request.

For services approved under the National Law, this record must be kept:

• at the premises of the education and care service (other than a family day care)
• in an office for the family day care service.

Services do not have to keep a record of the above actions if an internal or external right of review is available and:

• the period for seeking a review has not yet expired; or
• an application for review has been made but not yet determined; or
• the outcome of a review did not confirm the decision to take compliance action.

Resources available for support

The department works closely with approved providers and services to ensure they are aware of their legislative requirements to deliver safe, high quality and well-regulated ECEC services for children.

Resources are available for services, providers and educators on the Early Childhood Education and Care Resource Library, Filter by topic, quality area, and resource type.

For additional support, visit the Australian Children’s Education and Care Quality Authority (ACECQA) website.

More information

If you are unable to find the information you need, please contact our Information and Engagement (I&E) team on 1800 619 113 or by emailing ececd@det.nsw.edu.au.