Compliance and enforcement actions
As the independent regulator for early childhood education and care (ECEC) in NSW, the NSW Early Learning Commission (Commission) publishes information about enforcement actions taken against early childhood providers and educators. This includes prosecutions, suspensions, cancellations, enforceable undertakings, compliance notices and emergency action notices.
Risk-based approach
The Commission uses a risk-based approach to regulation. Conducting monitoring activities is part of this approach. Enforcement action may be taken by the Commission when providers and services:
- do not comply with legislation and/or
- where there is deliberate or repeated non-compliance.
In taking the enforcement action, the Commission ensures all necessary and appropriate action to ensure the issues are rectified.
Visit Regulatory framework for information on the laws that apply to your service.
Conditions
The Commission may impose conditions on a provider approval or on a service approval if it determines that the provider or service needs to take action to address issues across all of its services or at any individual service.
Conditions are published on the ACECQA National registers and can be found by searching for the provider name or service name. Families can also find information about conditions placed on their child’s ECEC service by searching for the service on Starting Blocks.
Enhancing transparency through access to information
Publishing information on enforcement actions is part of the Commission’s commitment to keeping families, the community and the ECEC sector informed about the enforcement actions it takes in relation to serious offences.
Information published in the register of enforcement actions is available for 5 years.
Information that can be published
The Commission publishes information on enforcement action taken under the following legislation:
- Children (Education and Care Services) National Law (NSW) (National Law)
- Education and Care Services National Regulations (National Regulations)
The National Law and National Regulations allow the following enforcement actions to be published:
- compliance notices
- prosecutions
- enforceable undertakings
- suspension or cancellation of a provider approval or service approval
- amendment made to a service or provider approval
- emergency action notice.
The following information may be published about the enforcement action:
- the service name and address (if applicable)
- the approved provider name/number
- the nature of the enforcement action
- reason for taking enforcement action
- the date of the enforcement action
- details of enforcement action.
The Commission will publish all enforcements action types as permitted under the National Law, with the exception of conditions. Visit the ACECQA National registers for details of conditions against provider or service approval.
Information that cannot be published
The Commission cannot name individuals who are the subject of enforcement actions, except where the individual is an approved provider or nominated supervisor, or a person who is being prosecuted for an offence against the National Law. The Commission is also not permitted to publish information about penalty infringement notices or prohibitions.
Enforcement action information is only published after all review periods are complete. Matters that are undergoing an internal or external review will not appear on the register of published enforcement actions until that review is complete and the outcome is determined.
A person or an approved provider subject to the enforcement action may apply to the Commission to request the removal of information from the website.
Compliance records
Services are required to keep records of compliance history under regulation 167 of the National Regulations. With the exception of compliance records that are under internal or external right of review, all ECEC services approved under the National Law are required to keep a record of their compliance history that contains 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 Commission.
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 service)
- in an office for the Family Day Care service.
In addition to the above, as a matter of best practice and transparency, we strongly encourage approved providers to keep a record of all compliance actions taken against them.
Learn how to access your compliance history.
Families’ access to compliance records
Families wishing to see a comprehensive record of a service’s compliance should approach the service directly to request the service’s compliance history. The record must be made available to any person upon request under regulation 177(3)(b). If the service does not comply, families can contact the Commission at ececd@det.nsw.edu.au.
Resources
The Commission 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.
Visit Regulatory framework for information on the laws that apply to your service.
Contact us
If you are unable to find the information you need, please contact the Commission’s Information and Enquiries team on 1800 619 113 or by emailing ececd@det.nsw.edu.au.