Compliance and enforcement data
This page provides the latest quarterly data on compliance and enforcement actions from the NSW Early Learning Commission (Commission), the independent regulator for early childhood education and care (ECEC) in NSW.
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 Commission 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 ECEC services across NSW. When non-compliance occurs, the Commission 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 Early Learning Commission in Quarter 4 (April to June) of the 2025–26 financial year (FY). Figures for earlier quarters are provided for comparison.
| Compliance action type | This quarter (Q4, 2025–26 FY) | Previous quarter (Q3, 2025–26 FY) | Same quarter last FY (Q4, 2024–25 FY) | % change on same quarter last year |
|---|---|---|---|---|
| Approval cancelled | 174 | 131 | 20 | 770 |
| Compliance direction issued | 91 | 90 | 89 | 2 |
| Compliance notice issued | 207 | 201 | 189 | 10 |
| Condition imposed | 5 | 2 | 2 | 150 |
| Direction to suspend FDC educator issued | 0 | 1 | 0 | NaN |
| Direction to suspend nominated supervisor | 0 | 0 | 0 | NaN |
| Direction to suspend staff or volunteer (not FDC educator) | 24 | 21 | 0 | NaN |
| Emergency action notice issued | 26 | 79 | 39 | -33 |
| Enforceable undertaking issued | 18 | 12 | 5 | 260 |
| Inappropriate person excluded | 7 | 13 | 10 | -30 |
| Infringement notice issued | 19 | 11 | 3 | 533 |
| Notice of suspension issued | 0 | 3 | 2 | -100 |
| Prohibition notice issued | 35 | 24 | 23 | 52 |
| Prosecution initiated | 0 | 2 | 5 | -100 |
| Show cause | 270 | 179 | 34 | 694 |
*NaN indicates that a percentage change cannot be calculated, generally because the previous value was zero.
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 Q4 2025–26 FY. The top 5 breaches in earlier quarters are listed for comparison.
Top 5 breaches this quarter (Q4 2025–26 FY)
| National Law (NSW) breach | Number of breaches |
|---|---|
| Section 167 Offence relating to protection of children from harm and hazards | 534 |
| Section 172 Offence to fail to display prescribed information | 351 |
| Section 165 Offence to inadequately supervise children | 279 |
| Section 31 Grounds for cancellation of provider approval | 200 |
| Section 261A Power of Regulatory Authority to give directions | 167 |
Top 5 breaches previous quarter (Q3, 2025–26 FY)
| National Law (NSW) breach | Number of breaches |
|---|---|
| Section 167 Offence relating to protection of children from harm and hazards | 607 |
| Section 172 Offence to fail to display prescribed information | 306 |
| Section 165 Offence to inadequately supervise children | 245 |
| Section 223B NSW Minister may give direction | 219 |
| Section 31 Grounds for cancellation of provider approval | 192 |
Top 5 breaches same quarter last year (Q4, 2024–25 FY)
| National Law (NSW) breach | Number of breaches |
|---|---|
| Section 167 Offence relating to protection of children from harm and hazards | 550 |
| Section 165 Offence to inadequately supervise children | 351 |
| Section 166 Offence to use inappropriate discipline | 119 |
| Section 174 Offence to fail to notify certain information to Regulatory Authority | 114 |
| Section 162A Child protection training | 64 |
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 (NSW) in Q4, 2025–26 FY. The top 5 breaches in earlier quarters are listed for comparison.
Top 5 breaches this quarter (Q4, 2025–26 FY)
| National Regulations (NSW) breach | Number of breaches |
|---|---|
| Regulation 97 Emergency and evacuation procedures | 568 |
| Regulation 168 Education and care service must have policies and procedures | 387 |
| Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair | 380 |
| Regulation 151 Record of educators working directly with children | 307 |
| Regulation 84C Risk assessment for purposes of sleep and rest policies and procedures | 257 |
Top 5 breaches previous quarter (Q3, 2025–26 FY)
| National Regulations (NSW) breach | Number of breaches |
|---|---|
| Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair | 461 |
| Regulation 97 Emergency and evacuation procedures | 438 |
| Regulation 168 Education and care service must have policies and procedures | 215 |
| Regulation 84C Risk assessment for purposes of sleep and rest policies and procedures | 208 |
| Regulation 77 Health, hygiene and safe food practices | 134 |
Top 5 breaches same quarter last year (Q4, 2024–25 FY)
| National Regulations (NSW) breach | Number of breaches |
|---|---|
| Regulation 97 Emergency and evacuation procedures | 499 |
| 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 | 300 |
| Regulation 168 Education and care service must have policies and procedures | 203 |
| Regulation 77 Health, hygiene and safe food practices | 133 |
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 (NSW) in Q4 2025–26 FY by National Quality Framework service type.
Long day care
| National Law and Regulations (NSW) breach | Number of breaches |
|---|---|
| Regulation 97 Emergency and evacuation procedures | 336 |
| Section 167 Offence relating to protection of children from harm and hazards | 323 |
| Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair | 304 |
| Regulation 168 Education and care service must have policies and procedures | 218 |
| Section 165 Offence to inadequately supervise children | 199 |
Outside school hours care
| National Law and Regulations (NSW) breach | Number of breaches |
|---|---|
| Regulation 97 Emergency and evacuation procedures | 143 |
| Section 172 Offence to fail to display prescribed information | 120 |
| Section 167 Offence relating to protection of children from harm and hazards | 119 |
| Regulation 168 Education and care service must have policies and procedures | 109 |
| Regulation 151 Record of educators working directly with children | 98 |
Preschool
| National Law and Regulations (NSW) breach | Number of breaches |
|---|---|
| Regulation 97 Emergency and evacuation procedures | 45 |
| Regulation 168 Education and care service must have policies and procedures | 43 |
| Section 167 Offence relating to protection of children from harm and hazards | 32 |
| Section 172 Offence to fail to display prescribed information | 25 |
| Regulation 84C Risk assessment for purposes of sleep and rest policies and procedures | 22 |
Family day care
| National Law and Regulations (NSW) breach | Number of breaches |
|---|---|
| Regulation 185 Law and regulations to be available | 63 |
| Section 167 Offence relating to protection of children from harm and hazards | 59 |
| Regulation 84C Risk assessment for purposes of sleep and rest policies and procedures | 52 |
| Regulation 97 Emergency and evacuation procedures | 43 |
| Regulation 173A Prescribed information to be displayed—family day care service | 42 |
*In instances where provisions in the top 5 have an equal number of breaches in the reporting period, the Commission will select the National Law section or National Regulation that typically presents the greatest risk to children when breached.