Compliance and enforcement data
This page provides the latest quarterly data on compliance and enforcement actions from the NSW Early Childhood Education and Care Regulatory Authority.
Slight variations in the figures published on this page each quarter may be experienced as data is captured at a specific point in time and may be updated retrospectively to reflect information related to the reporting period.
The NSW ECEC Regulatory Authority investigates and responds to non-compliance when it receives information (including through notifications, complaints or service visits) about possible breaches of the legislation.
Our first priority is the safety, health and wellbeing of children attending early childhood education and care (ECEC) services across NSW. When non-compliance occurs, the NSW ECEC Regulatory Authority takes prompt and proportionate action to ensure children’s health, safety and wellbeing is maintained.
Compliance actions taken
The table below shows the number of compliance actions issued by the NSW ECEC Regulatory Authority in Quarter 1 (July to September), 2025–26 financial year (FY). Figures for earlier quarters are provided for comparison.
| Compliance action type | This quarter (Q1, 2025–26 FY) | Previous quarter (Q4, 2024–25 FY) | Same quarter last FY (Q1, 2024–25 FY) | % change on same quarter last year |
|---|---|---|---|---|
| Approval cancelled | 22 | 20 | 12 | 83 |
| Compliance direction issued | 92 | 88 | 97 | -5 |
| Compliance notice issued | 222 | 187 | 159 | 40 |
| Condition imposed | 1 | 2 | 0 | - |
| Emergency action notice issued | 19 | 38 | 32 | -41 |
| Enforceable undertaking issued | 11 | 5 | 7 | 57 |
| Inappropriate person excluded | 9 | 10 | 1 | 800 |
| Notice of suspension issued | 0 | 2 | 1 | -100 |
| Prohibition notice issued | 36 | 23 | 8 | 350 |
| Prosecution initiated | 0 | 5 | 0 | - |
| Show cause | 112 | 34 | 43 | 160 |
Top 5 breaches of the National Law
The table below shows the top 5 most common breaches* of the Children (Education and Care Services) Law (NSW) (National Law) in NSW in Q1 2025–26 FY. The top 5 breaches in earlier quarters are listed for comparison.
Top 5 breaches this quarter (Q1 2025–26 FY)
| National Law breach | Number of breaches |
|---|---|
| Section 167 Offence relating to protection of children from harm and hazards | 558 |
| Section 165 Offence to inadequately supervise children | 278 |
| Section 174 Offence to fail to notify certain information to Regulatory Authority | 100 |
| Section 166 Offence to use inappropriate discipline | 86 |
| Section 172 Offence to fail to display prescribed information | 74 |
Top 5 breaches previous quarter (Q4, 2024–25 FY)
| National Law breach | Number of breaches |
|---|---|
| Section 167 Offence relating to protection of children from harm and hazards | 547 |
| Section 165 Offence to inadequately supervise children | 348 |
| Section 166 Offence to use inappropriate discipline | 114 |
| Section 174 Offence to fail to notify certain information to Regulatory Authority | 113 |
| Section 175 Offence relating to requirement to keep enrolment and other documents | 64 |
Top 5 breaches same quarter last year (Q1, 2024–25 FY)
| National Law breach | Number of breaches |
|---|---|
| Section 167 Offence relating to protection of children from harm and hazards | 476 |
| Section 165 Offence to inadequately supervise children | 266 |
| Section 174 Offence to fail to notify certain information to Regulatory Authority | 113 |
| Section 166 Offence to use inappropriate discipline | 94 |
| Section 162A Persons in day-to-day charge and nominated supervisors to have child protection training | 70 |
Top 5 breaches of the National Regulations
The table below shows the top 5 most common breaches* of the Education and Care Services National Regulations (National Regulations) in NSW in Q1, 2025–26 FY. The top 5 breaches in earlier quarters are listed for comparison.
Top 5 breaches this quarter (Q1 2025–26 FY)
| National Regulations breach | Number of breaches |
|---|---|
| Regulation 97 Emergency and evacuation procedures | 442 |
| Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair | 341 |
| Regulation 168 Education and care service must have policies and procedures | 231 |
| Regulation 84C Risk assessment for purposes of sleep and rest policies and procedures | 220 |
| Regulation 77 Health, hygiene and safe food practices | 129 |
Top 5 breaches previous quarter (Q4, 2024–25 FY)
| National Regulations breach | Number of breaches |
|---|---|
| Regulation 97 Emergency and evacuation procedures | 496 |
| Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair | 387 |
| Regulation 84C Risk assessment for purposes of sleep and rest policies and procedures | 297 |
| Regulation 168 Education and care service must have policies and procedures | 201 |
| Regulation 77 Health, hygiene and safe food practices | 133 |
Top 5 breaches same quarter last year (Q1, 2024–25 FY)
| National Regulations breach | Number of breaches |
|---|---|
| Regulation 97 Emergency and evacuation procedures | 469 |
| Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair | 342 |
| Regulation 84C Risk assessment for purposes of sleep and rest policies and procedures | 298 |
| Regulation 170 Policies and procedures to be followed | 146 |
| Regulation 145 Staff record | 120 |
Top 5 breaches of the National Law and National Regulations by service type
The table below shows the top 5 most common breaches* of the National Law and National Regulations in NSW in Q1 2025–26 FY by National Quality Framework service type.
Long day care
| National Law and Regulations breach | Number of breaches |
|---|---|
| Section 167 Offence relating to protection of children from harm and hazards | 425 |
| Regulation 97 Emergency and evacuation procedures | 304 |
| Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair | 298 |
| Section 165 Offence to inadequately supervise children | 217 |
| Regulation 168 Education and care service must have policies and procedures | 141 |
Outside school hours care
| National Law and Regulations breach | Number of breaches |
|---|---|
| Section 167 Offence relating to protection of children from harm and hazards | 84 |
| Regulation 97 Emergency and evacuation procedures | 84 |
| Regulation 168 Education and care service must have policies and procedures | 57 |
| Section 165 Offence to inadequately supervise children | 49 |
| Regulation 84C Risk assessment for purposes of sleep and rest policies and procedures | 34 |
Preschool
| National Law and Regulations breach | Number of breaches |
|---|---|
| Regulation 168 Education and care service must have policies and procedures | 29 |
| Regulation 97 Emergency and evacuation procedures | 24 |
| Regulation 84C Risk assessment for purposes of sleep and rest policies and procedures | 19 |
| Section 167 Offence relating to protection of children from harm and hazards | 18 |
| Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair | 12 |
Family day care
| National Law and Regulations breach | Number of breaches |
|---|---|
| Section 167 Offence relating to protection of children from harm and hazards | 31 |
| Regulation 97 Emergency and evacuation procedures | 30 |
| Regulation 84C Risk assessment for purposes of sleep and rest policies and procedures | 28 |
| Regulation 173A Prescribed information to be displayed—family day care service | 26 |
| Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair | 11 |
*In instances where provisions in the top 5 have an equal number of breaches in the reporting period, the NSW ECEC Regulatory Authority will select the National Law section or National Regulation that typically presents the greatest risk to children when breached.