Childcare Legislation

Childcare Legislation

National Regulations

The Education and Care Services National Regulations (National Regulations) support the National Law by providing detail on a range of operational requirements for an education and care service including:

  • the National Quality Standard (schedule 1)
  • application processes for provider and service approval
  • setting out the rating scale
  • the process for the rating and assessment of services against the National Quality Standard
  • minimum requirements relating to the operation of education and care services organised around each of the seven quality areas
  • staffing arrangements and qualifications
  • fees for a range of transactions.
  • jurisdiction-specifc provisions

National Law

The National Quality Framework (NQF) operates under an applied law system, comprising the Education and Care Services National Law and the Education and Care Services National Regulations.

The purpose of the applied law system is to set a national standard for children’s education and care across Australia. In effect it means the same law is applied in each state and territory, but with some varied provisions as applicable to the needs of each state or territory.

In this case Victoria passed the Education and Care Service National Law Act 2010 and other jurisdictions adopted that law through an Application Act or passed corresponding legislation.

View the legislation that applies in each state or territory, and if applicable, the corresponding Application Act below:

State or Territory Legislation Application Act

Victoria

Education and Care Services National Law Act 2010

Changes to the National Law were introduced 1 October 2017 in all states and territories, except Western Australia. 

More about the changes.  

New South Wales

Children (Education and Care Services National Law Application) Act 2010

Australian Capital Territory

Education and Care Services National Law (ACT) Act 2011

Northern Territory

Education and Care Services (National Uniform Legislation) ACT 2011

South Australia

Education and Early Childhood Services (Registration and Standards) Act 2011

Tasmania

Education and Care Services National Law (Application) Act 2011

Queensland

Education and Care Services National Law (Queensland) Act 2011

Western Australia

Education and Care Services National Law (WA) Act 2012 

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