[  National Law, Sections 10, 11, 12 ] 

 WA  An individual, body corporate, eligible association, partnership or prescribed entity may apply to be an approved provider. See the Glossary for the meaning of these terms.

The application must include all information listed in the National Regulations and payment of the set fee. See Application checklists – Tables I, II and Fees.

Applications by individuals

The application must be sent to the regulatory authority in the state or territory where the applicant/s live.

Applications by non-individuals

When an applicant is not an individual, section 12(2)(b) of the National Law requires the applicant to satisfy the regulatory authority that the applicant is a fit and proper person to be involved in the provision of an education and care service.

When assessing the fitness and propriety of a non-individual applicant for provider approval, regulatory authorities may assess all members of the applicant entity for fitness and propriety, regardless of whether the person is determined by the approved provider to be a person with management or control.

Persons with management or control of an education and care service

When an applicant is not an individual, section 12(2)(a) of the National Law requires the applicant to satisfy the regulatory authority that each person who will be a person with management or control at the service is a fit and proper person.

A non-individual applicant for provider approval can include:

• a corporate body (this includes an incorporated association, statutory corporation, etc.)
• unincorporated associations (for example, a cooperative)
• partnerships, and
• government bodies. 

An application by a non-individual applicant must be sent to the regulatory authority in the state or territory where the applicant’s principal office is located (or where any of the applicants’ principal offices are located if there is more than one). 

[  National Law, Section 5A ]

Who is a person with management or control? 

The persons who meet the definition of person with management or control will differ, depending on the structure of the entity intending to become an approved provider.

If the intending provider is a body corporate – a person with management or control is each officer of the body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the service.

If the intending provider is an eligible association – a person with management or control is each member of the executive committee of the association who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the service.

If the intending provider is a partnership – a person with management or control is each partner who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the service. 

Incomplete applications

The timeframe for processing an application does not begin until an application is 'valid', meaning complete with all prescribed information.

If an application does not include all prescribed information the regulatory authority may treat the application as invalid and either request missing information be provided within a set timeframe, or close the invalid application.

The National Law does not specify how much time applicants have to provide this information once requested by a regulatory authority. Regulatory authorities will set timeframes taking into consideration:

• the amount and complexity of the information requested
• the applicant’s capacity to provide information in that timeframe
• whether a timeframe applies to when the applicant must submit the application.

Regulatory authorities must keep records of incomplete applications. The State Records Act 1998 (NSW) applies to all states and territories for the purposes of the National Law and Regulations except to the extent that the National Law applies to a regulatory authority and the records of a regulatory authority (section 265).

Timeframe for assessing an application

[  National Law, Sections 14, 15 ]

The regulatory authority must make a decision within 60 calendar days of receiving a complete application.

If more information is requested, the time taken to provide additional information is not included in the 60-day period. This includes if the regulatory authority requires the applicant to undergo an oral or written assessment. If this occurs, the time taken from the point of the invitation to undergo that assessment, through to the result of that assessment being made available to the regulatory authority, is not included in the 60 day period.

If the applicant agrees, the 60-day period (not including any time taken to provide additional information or to carry out a knowledge assessment) may be extended by up to 30 calendar days.

If a decision is not made within 60 calendar days, the application is taken to be refused.

The regulatory authority must give the applicant written notice of its decision and the supporting reasons, within seven (7) calendar days of making the decision.

Calculating time

[  National Law, Sections 15, 16 ]

The National Law sets out how timeframes are calculated at schedule 1, clause 31.

An application cannot begin to be processed unless the application is complete/valid and includes all the required information.

When calculating the timeframe, the day the application is received is excluded. If the timeframe is expressed in the legislation in terms of a number of days, the last day of that timeframe is also excluded. ‘Day’ means calendar day. For example, a regulatory authority must make a decision on a provider approval application within 60 days after the application is received (see section 15). If the regulatory authority receives the application on 1 March, the 60-day timeframe commences on 2 March and runs until the end of 1 May. 1 March is excluded from the calculation, and 30 April, the 60th day, is also excluded.

If the last day of the timeframe falls on a non-business day, the next business day will be the last day. Using the example above, if 1 May is a Saturday, Sunday or public holiday, the regulatory authority’s decision will be due the first working day after 1 May.

When reviewing an application for provider approval, the regulatory authority will consider:

• if the applicant is a fit and proper person to provide an education and care service
• the applicant’s history of compliance or criminal history
• whether the applicant is bankrupt or other financial or medical matters which may limit their capacity to meet their obligations under the National Law.

There may be other circumstances in which a person is considered not to be fit and proper.

Is the applicant a fit and proper person?

[  National Law, Section 12 ]

Provider approval will not be granted unless the regulatory authority is satisfied the applicant, and/or each person with management or control, is fit and proper to provide an education and care service.

The head of a government department administering an education law is taken to be a fit and proper person.

[  National Law, Sections 14–15 ]

The regulatory authority may ask the applicant for more information or make enquiries to assess whether they are fit and proper. This may be in relation to their history of compliance, criminal history or any other relevant matter. Regulatory authorities may require the applicant and/or persons with management or control to undergo an oral or written assessment of the person’s knowledge of the NQF. If more information is requested or the applicant is required to undertake an assessment, the time taken to fulfill the request or for the result of that assessment being made available to the regulatory authority is not included in the period for determining the application.

[  National Law, Section 25 ]

Refusal or cancellation of provider approval under the Commonwealth Family Assistance Law (FAL) is grounds for suspension or cancellation of a provider approval under the National Law where the FAL refusal or cancellation relates to fitness and propriety or a breach of the NQF. For example, if FAL approval has been cancelled because of non-compliance with a law of the Commonwealth, the regulatory authority may decide to cancel the provider's approval under the National Law. 

If the regulatory authority obtains information from a source other than from the applicant and is considering making a decision that will adversely affect the applicant, principles of natural justice must be taken into account. Decisions that adversely affect a person include refusing to grant provider approval or granting provider approval subject to conditions. For more information (see Good Regulatory Practice – Good decision-making).

History of compliance

[  National Law, Section 13 ]

When determining whether a person is fit and proper, the regulatory authority must consider:

• the person’s history of compliance with any current or former education and care services law, children’s services law or education law
• any decision made under a former education and care services law, a children’s services law or an education law of any state or territory to refuse, refuse to renew, suspend or cancel a provider approval, registration or certification issued to the person under that law.

If a person has been served with an infringement notice for an offence under the National Law and has paid the penalty, the offence cannot be taken into account when determining the person’s fitness and propriety (section 291).

The National Law does not specify a time period in relation to a person’s compliance history. When considering a person’s history of compliance the regulatory authority may consider:

• the severity of any issues and how recently they occurred
• the person’s willingness to comply, for example, whether escalation was required to resolve compliance issues. See also Good Regulatory Practice – Good decision-making.

Criminal history

[  National Law & Regulations, Section 13, Regulation 16 ]

Regulatory authorities must consider the person’s criminal history when determining whether they are fit and proper to be involved in providing an education and care service. Because working with children/vulnerable people legislation differs between states and territories, the National Law includes two options for considering a person’s criminal history, set out below.

In some instances, a check may show information about a person’s criminal history that is not relevant to whether they are fit and proper. Regulatory authorities must not take into account irrelevant information which may lead to an unlawful decision (see Good Regulatory Practice – Good decision-making).

Financial matters

[  National Law, Section 13 ]

Regulatory authorities must consider whether the applicant is bankrupt or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors. In the case of a body corporate, the regulatory authority must consider whether the applicant is insolvent under administration or an externally-administered body corporate.

Regulatory authorities may also consider whether the applicant’s financial circumstances may limit their capacity to meet their obligations under the National Law.

Applicant is bankrupt or insolvent

If the applicant is bankrupt or insolvent according to their declaration, the regulatory authority may consider:

• the period when bankruptcy is discharged
• past circumstances and changes of circumstances
• legal advice about whether the regulatory authority is bound by other law.

The National Personal Insolvency Index, maintained by the Australian Financial Security Authority (Australian Government), may have information about an applicant’s financial position and can be accessed at: www.afsa.gov.au.

Concerns about financial circumstances

Where there are concerns about an applicant’s financial circumstances, raised through the initial application, notification or other sources of information, the regulatory authority may ask an applicant to provide more information about their financial capacity, to determine the likelihood that they will be able to sustain ongoing operation of a service. For example, information about:

• liquidity
• cash flow
• asset sustainability
• capital structure and debt protection
• operating efficiency.

Regulatory authorities may make inquiries for more information to determine if a person is fit and proper. This includes seeking additional information from an external expert, for example about the financial viability of an applicant to help assess the applicant’s financial capacity.

Although there is a duty of confidentiality (section 273), a regulatory authority can disclose information when assessing a provider approval application.

Medical conditions

[  National Law, Section 13 ]

The regulatory authority may consider whether the person has a medical condition that may limit their capacity to meet their obligations under the National Law.

Applicants are not required to provide medical information in their initial application. However, the regulatory authority can ask for additional information, such as an assessment by a medical practitioner if concerned about the applicant’s capacity. The regulatory authority will detail why the assessment is needed and give a description of the role, to guide the person doing the assessment. The regulatory authority may require a written report.

Management capability

The regulatory authority may consider whether the person has the management capability to operate an education and care service in accordance with the National Law and National Regulations.

Evidence of management capability does not need to relate only to education and care services, or qualifications in education and care. Evidence of management capability may be related to any previous expertise, experience or qualification in a leadership, governance, administrative or management role in:

• a business, or
• a not-for-profit organisation, or
• a sporting or social club, or
• a community-based committee.

This may include experience gained as a volunteer.

Actions taken under Family Assistance Law

In assessing an applicant's fitness and propriety, the regulatory authority may also take into account certain actions taken under Commonwealth Family Assistance Law (FAL), including sanctions and suspensions.

[  National Law, Section 25 ]

Refusal or cancellation of provider approval under the FAL is grounds for suspension or cancellation of a provider approval under the National Law, where the FAL refusal or cancellation relates to fitness and propriety or a breach of the NQF. 

Conditions on provider approval

[  National Law, Section 19 ]

A condition is a requirement that the person holding the approval must comply with to avoid committing an offence under the National Law.

A provider approval is granted subject to the condition that the approved provider complies with the National Law. It may also be granted subject to other conditions imposed. For example, if there are concerns about an applicant’s management capacity, the regulatory authority may limit the number of services or size of services the applicant can operate.

A condition applies to the provider unless the condition expressly provides otherwise.

See Monitoring, Compliance and Enforcement – Conditions for more information about using conditions on a provider approval.

Determining an application

[  National Law, Section 16 ]

The regulatory authority must give the applicant written notice of its decision and the supporting reasons, within seven (7) calendar days of making the decision (see Timeframe for assessing an application).

Granting provider approval

[  National Law, Section 20, Schedule 1, Clause 31 ]

If granted, the regulatory authority must give the approved provider a copy of the provider approval, stating:

• the name of the approved provider
• if the approved provider is not an individual, the address of the principal office of the approved provider
• any conditions to which the approval is subject (see Conditions on provider approval)
• the date the provider approval was granted
• the provider approval number.

The National Law does not specify how much time the regulatory authority has to give the approved provider a copy of the provider approval but it must be done as soon as possible.

Refusing to grant provider approval

[  National Law, Section 15 ]

The regulatory authority may refuse to grant provider approval if it is not satisfied that the grounds for granting provider approval are met and the applicant is fit and proper (see Considering an application).

Appeals

[  National Law, Section 190 ]

A decision to refuse to grant a provider approval, or to grant provider approval subject to conditions, is a reviewable decision under the National Law (see Reviews).

After an application has been determined

Publication on the register of approved providers

[  National Law & Regulations, Sections 266, 270, Regulation 229 ]

ACECQA must keep and publish a register of approved providers which includes the information set out below.

The regulatory authority may publish the name of the approved provider.

Duration and effect of provider approval

[  National Law, Sections 17–18 ]    WA 

A provider approval authorises the holder to operate an approved education and care service and an associated children’s service. It is valid nationally and is ongoing unless cancelled or suspended by the regulatory authority, or surrendered by the approved provider.

In Western Australia, a provider approval granted to an individual is also ongoing until the individual dies.

Reassessing fitness and propriety

[  National Law, Sections 21, 25 ]

The regulatory authority may reassess the fitness and propriety of an approved provider or person with management or control at any time. The approved provider or person with management or control may be required to undergo an oral or written assessment of their knowledge of the NQF. If a person is no longer a fit and proper person, the provider approval may be suspended or cancelled (see Monitoring, Compliance and Enforcement).

[  National Law & Regulations, Section 22, Regulation 17 ]

An approved provider may apply to the regulatory authority for an amendment to their provider approval. The application must be in writing and include:

• the approved provider’s full name and provider approval number
• the name and contact details for the application
• details of the amendment applied for
• sufficient information or documentation to support the application for amendment.

The National Law and Regulations do not specify the type or level of information needed to support an application for an amendment, however information must be sufficient for the regulatory authority to make a decision.

Incomplete applications

If an application does not include all the required information, the regulatory authority may treat the application as invalid. The timeframe for processing an application does not begin until an application is complete and therefore valid.

Timeframe for assessing an application

A decision must be made within 30 calendar days of the regulatory authority receiving a complete application.

Calculating time

The National Law sets out how timeframes are calculated at schedule 1, clause 31. An application cannot begin to be processed unless the application is complete/valid and includes all the required information.

Considering an application

[  National Law, Section 42 ]

The regulatory authority may only amend a provider approval after consulting with the regulatory authority of each jurisdiction where the provider operates an education and care service. This includes the regulatory authority which granted the provider approval. Failure to consult other regulatory authorities does not affect the validity of the regulatory authority’s decision.

Determining an application

[  National Law, Section 22 ]

Once the regulatory authority has received a complete application, it must decide to:

• amend the provider approval in the way that was applied for; or
• amend the provider approval in another way, with the applicant’s written approval; or
• refuse the amendment of the provider approval.

An amendment may include a change to a condition of the provider approval or introduce a new condition.

Appeals

[  National Law, Section 190 ]

A decision to refuse to amend a provider approval is a reviewable decision under the National Law. Refer to Reviews.

After approval has been amended

[  National Law, Section 24 ]

If the regulatory authority amends the approval, it must give the approved provider a copy. The regulatory authority must also make any necessary amendments to any service approval held by the approved provider and give the approved provider a copy.

[  National Law, Sections 23, 42 ]

The regulatory authority may amend a provider approval at any time, without application from the approved provider.

Amendment may include varying a condition on the provider approval or imposing a new condition.

The regulatory authority may only amend a provider approval after consulting with the regulatory authority of each jurisdiction where the provider operates an education and care service. This includes the regulatory authority which granted the provider approval. Failure to consult other regulatory authorities does not affect the validity of the regulatory authority’s decision.

After approval has been amended

The regulatory authority must give the approved provider written notice of the amendment.

Amendment without application takes effect 14 calendar days after the regulatory authority notifies the approved provider of the amendment, or at the end of another period specified by the regulatory authority.

The regulatory authority must give the approved provider a copy of the amended provider approval. It must also make any necessary amendments to any service approval held by the approved provider and give the approved provider a copy.

Appeals

[  National Law, Section 190 ]

A decision to amend a provider approval is a reviewable decision under the National Law (see Reviews).

[  National Law, Sections 39–40 ]

If an approved provider can no longer fulfil their role due to death or incapacity, a nominated executor, legal personal representative or guardian can be appointed, subject to meeting the requirements, as the approved provider.

The regulatory authority may receive an application from the executor for a provider approval.

If an approved provider becomes incapacitated, their legal personal representative or guardian may apply to the regulatory authority for a provider approval.

A nominated supervisor or a person in day-to-day charge of an education and care service operated by the approved provider must notify the regulatory authority within seven (7) calendar days if the approved provider dies.

The executor of the approved provider’s estate may continue to operate any approved service for the relevant period, if at least one nominated supervisor continues to manage the day-to-day operation of the service. ‘Relevant period’ means 30 calendar days after the death of the approved provider or, if the executor applies for a provider approval, until the regulatory authority determines the application.

In Western Australia, an executor includes a person entitled to a grant of letters of administration to the intestate estate of an approved provider, in addition to a person who has been granted letters of administration or probate or has been named executor in the approved provider’s will.

How does an executor, legal representative or guardian apply?

[  National Law, Sections 39–40 ]

An application must be made in writing and include payment of the set fee.

An application from an executor must be made within 30 calendar days of the provider’s death. The National Regulations specify information that must be included in an application (see Application checklists – Tables III, IV, V, VI).

Because a provider approval granted to an executor, legal personal representative or guardian only relates to the service formerly operated by the deceased or incapacitated approved provider, the person cannot apply for any additional service approvals, or receive a service approval transferred from another approved provider.

Incomplete applications

If an application does not include all the required information, the regulatory authority may treat the application as invalid. The timeframe for processing an application does not begin until an application is complete and therefore valid.

For more information refer to Incomplete applications in Application for provider approval.

Considering an application

[  National Law, Section 41 ]

The regulatory authority must consider whether the applicant is a fit and proper person to be involved in the provision of an education and care service. See the requirements set out above at Considering an application for fitness and propriety. The provider approval will not be granted to an executor, personal legal representative or guardian; unless they are fit and proper.

Determining an application

[  National Law, Section 41 ]

The regulatory authority may grant the provider approval, grant the approval subject to conditions, or refuse to grant the provider approval. Approval may be granted for a period of not more than six months, and may be extended or further extended for periods of not more than six months at the regulatory authority's discretion.

If granted, it is only in relation to the services that were operated by the approved provider where the applicant is the executor, personal legal representative or guardian.

Appeals

[  National Law, Section 190 ]

A decision to refuse to grant a provider approval is a reviewable decision under the National Law (see Reviews).

After approval has been granted

[  National Law, Sections 20, 30 ]

The regulatory authority must give the approved provider a copy of the provider approval.

A service approval is not suspended during any period that a person is approved to manage or control the education and care service in the event that the approved provider dies or becomes incapacitated.

[  National Law & Regulations, Section 37, Regulation 19 ]    WA 

An approved provider can apply to the regulatory authority to voluntary suspend – put ‘on hold’ their provider approval – for up to 12 months.

During that time the person must not operate an education and care service.

The approved provider must apply for voluntary suspension in writing.

The National Regulations specify information that must be included in an application to suspend provider approval (see Application checklists – Table VII).

Incomplete applications

If an application does not include all the prescribed information, the regulatory authority may treat the application as invalid. The timeframe for processing an application does not begin until an application is complete and therefore valid.

Notification to parents

An approved provider must notify parents of children enrolled at their services of their intention to apply for voluntary suspension of a provider approval at least 14 calendar days before making the application.

Timeframes for assessing an application

A decision must be made within 30 calendar days of the regulatory authority receiving a complete application.

Calculating time

The National Law sets out how timeframes are calculated at schedule 1, clause 31.

An application cannot begin to be processed unless the application is complete/valid and includes all the required information.

Considering an application

[  National Law, Section 42 ]

The regulatory authority can only suspend a provider approval after consulting with the regulatory authority of each state or territory where the approved provider operates an education and care service. This includes the regulatory authority which granted the provider approval. Failure to consult other regulatory authorities does not affect the validity of the regulatory authority’s decision.

Determining an application

[  National Law, Section 37 ]

If the regulatory authority grants an application for voluntary suspension of a provider approval, it may agree on the date the suspension takes effect with the approved provider.

The regulatory authority must give written notice of its decision and, if granted, advise the period of suspension.

After approval has been suspended

[  National Law, Section 37 ]

The effect of suspension is that all service approvals held by the provider are suspended for the same period, unless the service approval is transferred, or a person is approved to manage or control an education and care service in the event the provider dies or becomes incapacitated.

The suspension remains in force for the period specified in the written notice of decision.

The approved provider may apply to have the suspension revoked before the end of the suspension period. If the regulatory authority grants the application to revoke the suspension, they may agree to a date for the suspension to cease with the approved provider.

[  National Law, Section 38 ]

An approved provider can surrender their provider approval by giving written notice to the regulatory authority. Once surrendered, the person is not taken to be an approved provider and must not operate a service.

Generally, if an approved provider changes its legal status, for example, where a sole trader becomes a body corporate, they will need to apply for a new provider approval.

The notice to the regulatory authority must specify the date the surrender is intended to take effect. This date must be after the notice is given to the regulatory authority and at least 14 calendar days after parents of children enrolled at any services are notified.

Notification to parents

An approved provider must notify parents of children enrolled at any of their services of their intention to surrender their provider approval. Parents must be notified at least 14 calendar days before the date of surrender is to take effect.

After surrender of provider approval

If a provider approval is surrendered, the provider approval and any service approval held by the provider are cancelled on the date specified in the notice.

[  National Law, Section 42 ]

The regulatory authority of another state or territory may exercise all its powers and functions in relation to a provider approval, if the approved provider operates an education and care service in its state or territory.

The regulatory authority may only amend, suspend or cancel a provider approval after consulting with the regulatory authority of each state or territory where the approved provider operates an education and care service. This includes the regulatory authority which granted the provider approval. Failure to consult other regulatory authorities does not affect the validity of the decision made.

Cancellation or suspension of a provider approval in one state or territory applies to all states and territories.

[  National Law, Section 103 ]

A person must not provide an education and care service unless the person is an approved provider of that service.

The following list outlines the organisations responsible for working with children/vulnerable people check screenings in each state and territory other than Tasmania and for working with vulnerable people registration in Tasmania.

[  National Law & Regulations, Section 5, Regulation 5 ]

An education and care service is any service providing or intended to provide education and care on a regular basis to children under 13 years of age.

Services that are excluded by the National Law and Regulations and are not in scope of the National Quality Framework are listed below.

Education and care services can include services that educate and care for children under 13 years of age and also provide services for children over 13 years of age.

A transport service

Children can be transported as part of participating in education and care.

Whether this transport is part of the education and care service will depend on the circumstances. For example, where children are transported on an excursion as part of the service, or between a service and a home, school or other site and that transport is provided or arranged by the service, the National Law and Regulations would apply. For further information on specific requirements relating to transportation, see Section 2.14 – Transportation.

Where children leave the premises under transport that is not part of the education and care service, the approved provider must ensure children leave the premises in accordance with regulation 99.

Approved providers should also consider other laws and rules that might apply to transport services in their state or territory, such as road safety, driver licensing or vehicle operator accreditation, safe operation of vehicles including the use of age-appropriate and standardised safety restraints and any Working with Children and Vulnerable People requirements.

[  National Law, Sections 43, 287 ]

An approved provider may apply to the regulatory authority for a service approval, provided they operate (or will operate) the service and are responsible for the management of staff members and the nominated supervisor for the service.

A person who has applied for a provider approval may also apply for a service approval. However, the service approval can only be granted if the provider approval is granted.

More than one entity may hold a provider or service approval. Each entity is jointly and severally responsible for complying with the National Law and Regulations. Regulatory authorities will assess the risk associated with joint applicants when determining applications for approvals.

How does an approved provider apply?

[  National Law & Regulations, Sections 44, 161, Regulations 24–26 ]   WA 

An application must be made in writing to the regulatory authority where the service is to be located and must include payment of the fee (see Fees).

The National Regulations specify information that must be included in an application for service approval (see Application checklists – Tables VIII, IX).

Consent to be a nominated supervisor

The approved provider must nominate one or more individuals to be nominated supervisors for the service.

The application for service approval must include written consent from each person nominated acknowledging that they consent to performing the role of nominated supervisor for the service. The only exception is if an approved provider is an individual and nominates themselves to be a nominated supervisor, in which case they do not need to provide written consent. Written consent is required in all other cases.

A service must have at least one nominated supervisor. There is no maximum number of nominated supervisors that may be appointed at one time for a service.

 WA  See Operational Requirements – Staffing Arrangements for more information on persons in day-to-day charge and nominated supervisors.

Applications for service approval including an associated children’s service

[  National Law, Sections 44, 102 ]

If an approved provider wants to operate a service covered by the National Law on the same premises as a service regulated under a different state or territory law (an associated children’s service), they can apply for service approval for both services under the National Law. For example, a provider may deliver a long day care service (approved education and care service) and an occasional care service (an associated children’s service) from the same premises.

Separate approvals are not needed but the associated children’s service must comply with the relevant state or territory children’s services law. See the Glossary for relevant state and territory children’s services laws.

Applications for service approval including request for approval of a family day care venue

[  National Law, Sections 50A, 103A ]

An approved provider may operate a family day care service at a venue only in exceptional circumstances and if approved by the regulatory authority.

An approved provider may apply to have a place approved as a family day care venue by the regulatory authority as part of an application for a new service approval. If the approved provider already holds a service approval, they may apply by seeking an amendment of the service approval (section 54(1A)).

Examples of exceptional circumstances that a regulatory authority may consider in approving a venue include:

• where the proposed venue is located in a rural or remote area, and the location or characteristics of residences are not suited to family day care
• other locations where potential residences may be unsuitable
• for a temporary period (generally up to 12 months), where a residence is unavailable due to essential major repairs or the effects of natural disaster
• where care is provided for a small group of vulnerable or disadvantaged children and a suitable residence is not available. What is considered vulnerable and disadvantaged would depend on the circumstances of each case.

In addition to considering whether exceptional circumstances exist, regulatory authorities must have regard to the suitability of a proposed venue when assessing a new service approval application, and may have regard to suitability when assessing an amendment of a service approval. Approved providers support this process by providing an assessment of the proposed venue in their application. See Assessments of family day care residences and venues.

It is an offence for an approved provider to provide education and care to children from a place that is not an approved family day care venue or residence. This offence attracts a penalty of $22,900 in the case of an individual, or $114,900 in any other case.

Incomplete applications

[  National Law, Section 265 ]

If an application does not include all the prescribed information, the regulatory authority may treat the application as invalid. The timeframe for processing an application does not begin until an application is complete and therefore valid.

Timeframe for assessing an application

[  National Law, Sections 45, 48 ]

A decision must be made within 90 calendar days of the regulatory authority receiving a complete application. This period may be extended with the applicant’s agreement. There is no limit on how long this may be if the applicant agrees.

If more information is requested, the time taken to provide it is not included in the 90 day period.

If a decision is not made within 90 calendar days (including any extension), it is taken to be refused.

[  National Law, Section 50 ]

The regulatory authority must give the applicant written notice of its decision, including the reasons, within seven (7) calendar days after it makes the decision.

Calculating time

Considering an application

Conducting enquiries and investigations

[  National Law, Sections 14, 46 ]

When considering an application for service approval, the regulatory authority may:

• ask the applicant to provide more information
• undertake inquiries and investigations, including in relation to the previous licensing, accreditation or registration of the service under a former education and care service, children’s services or education law
• inspect the policies and procedures for the service
• inspect the service premises and enter the service premises at any reasonable time
• administer questions to an applicant and/or persons with management or control by oral or written assessment of their knowledge of the NQF.

Regulatory authorities will generally inspect a proposed service premises as part of the decision-making process wherever possible for an application for a centre-based service approval, and the Principal Office as part of an application for family day care service approval.

Where an inspection is not possible, the regulatory authority can use other methods such as inspection of certified plans or topographical evidence, video or photographic evidence. The regulatory authority may also delegate a visit by a third party, as permitted under section 262 (see Monitoring, Compliance and Enforcement).

Matters the regulatory authority must consider

[  National Law & Regulations, Section 47, Regulation 27 ]

The regulatory authority must consider the below matters when determining an application for service approval.

When submitting an application for service approval for a centre-based service or family day care venue proposed to be located in a multi-storey building shared with other occupants, applicants should ensure the documentation supplied to the regulatory authority demonstrates there is direct egress to an assembly area.

The regulatory authority may also consider any other matters that are relevant to the application.

Other matters the regulatory authority may consider include:

• whether the applicant’s financial capacity, management ability or any other relevant matters affect their capacity to operate the service
• the applicant’s history of compliance with the National Law, including in relation to any other service they operate.

The regulatory authority may do the following:

• Check the status (that is, approved, suspended, refused or cancelled) of services in other states or territories associated with the approved provider, including the status of services in respect of the Commonwealth Family Assistance Law, for information that may be relevant to their ability to operate a service in accordance with the National Law
• Request proposed budgets for the service, including wages, resources, utility costs, insurances, maintenance of service and professional development. However, it is not the regulatory authority’s responsibility to provide advice to applicants about operational budgets for a service
• Request the approved provider to submit all their policies, or a sample for review. The required policies and procedures are set out in regulation 168. Additional policies and procedures required for family day care services are set out in regulation 169. If there are concerns about the adequacy of the policies, the regulatory authority may seek to review further policies and procedures for the service. Further guidance about preparing policies and procedures can be found on the ACECQA website at https://www.acecqa.gov.au/resources/preparing-nqf-policies-and-procedur…;

For applications that include an associated children’s service, the regulatory authority must consider the criteria for grant of a children’s service approval under the relevant children’s services law, not including the criteria for assessing the applicant’s fitness and propriety.

Requiring more information to make decision on application

[  National Law, Sections 15, 45 ]

The regulatory authority may ask the applicant for any information reasonably required to assess their application. This includes administering questions to an applicant, or a person with management or control by oral or written assessment to assess their knowledge of the NQF.

It can also ask for more information if it is not satisfied the proposed education and care service premises will be suitable because its design makes supervision difficult. In this case, the regulatory authority may ask how they intend to mitigate design issues and ensure adequate supervision at all times.

Conditions on service approval

[  National Law & Regulations, Section 51, Regulations 29–32A ]

 A condition is a requirement that the person holding the approval must comply with to avoid committing an offence under the National Law.

A service approval is granted subject to conditions that the approved provider must comply with, set out in the table below.

It may also be granted subject to other conditions imposed by the regulatory authority. For example, if there are concerns about the approved provider’s ability to provide an environment safe for infants at the service, such as in a multi-storey building, a condition may be imposed preventing the provider from providing education and care to children under 12 months of age.

A condition applies to the approved provider unless the condition expressly provides otherwise.

A condition of service approval does not apply to an associated children’s service, unless the regulatory authority specifies otherwise. The regulatory authority may apply a condition of service approval solely to an associated children’s service only if it has first consulted with the relevant children’s services regulator.

Conditions may be imposed at the time the service approval is granted, or at a later time (see Amendment of service approval). See Monitoring, Compliance and Enforcement – Conditions for more information about conditions on a service approval.

Mandatory maximum number of family day care educators

[  National Regulations, Regulations 32A, 384 ] 

A condition on each family day care service approval requires there to be a limit on the number of family day care educators that may be engaged by or registered with a family day care service. The regulatory authority must set the maximum number of educators who may be engaged or registered with that service.

The regulatory authority will consider each service on a case-by-case basis, taking into consideration:

• current educator numbers
• NQS rating
• provider compliance history
• length of time the provider and the service has been in operation
• support and supervision arrangements for educators.

The regulatory authority may consult with the provider when determining appropriate maximum educator numbers for the service.

Management companies

[  National Law, Sections 5A, 43 ]

Occasionally, an approved provider will engage a management company to help them operate their service. Management companies vary in the range of services they offer, from payroll, bookkeeping and short notice staffing solutions to a wide range of day to day management services.

The approved provider retains legal responsibility under the National Law for the service even if it engages a management company. Approved providers cannot delegate or outsource their statutory obligations, or liability, regardless of what contractual arrangement the approved provider has with the management company.

The approved provider may only apply for service approval if it (and not the management company) is or will be the operator of the service, and is, or will be, responsible for the management of the staff members and nominated supervisor.

Persons employed by a management company contracted by the approved provider may be considered a person with management or control of the service if they have authority or responsibility for, or significant influence over planning, directing or controlling the activities or the delivery of the service. This means they must be a fit and proper person.

Requiring more information to make decision on application

[  National Law, Sections 51, 55 ]

Regulatory authorities can seek more information from the approved provider to determine a service approval application (section 51). For example, the regulatory authority may request details of the management company’s name, structure and experience in operating approved education and care services.

Where a management company is or will be involved in running the service, the regulatory authority may make enquiries with the approved provider, by interview or otherwise, to ensure that the approved provider:

• will be responsible for management of staff members and the nominated supervisor
• is fully aware of their responsibilities under the National Law, and understands that they cannot ‘contract out’ those obligations
• has a contingency plan in place should the management company fail to meet expectations or the contract is terminated
• ensure that services provided by the management company which directly impact the day to day operating of the education and care service are provided in a way that is compliant with the National Law, and does not pose a risk to children or the ability of the provider to meet its obligations under the National Law.

The regulatory authority may impose a condition on a service approval (section 51(5)). For example, a condition to require the approved provider to notify the regulatory authority of a change in the management company, or a significant change in the scope of services supplied by the management company, or that the approved provider ensures that officers engaged through the management company are fit and proper persons.

Similarly, where the regulatory authority becomes aware of a management company after granting a service approval, the approval may be amended and a condition imposed where appropriate (section 55(2)).

Determining an application

[  National Law, Section 52 ]

If the regulatory authority grants a service approval, it must provide a copy to the approved provider including the information below.

The service approval must be displayed so that it is visible from the main entrance of the approved service.

The National Law does not specify how much time the regulatory authority has to give the approved provider a copy of the service approval. This means it must be done as soon as possible after deciding to grant the approval (Schedule 1, clause 31).

[  National Law, Section 48 ]

If an application for service approval includes an associated children’s service that does not meet state or territory-based licensing requirements for children’s services, the regulatory authority may grant a service approval only for the education and care service. The regulatory authority cannot grant a service approval that is only for an associated children’s service.

Refusing to grant service approval

[  National Law & Regulations, Section 49, Regulation 28 ]

 The regulatory authority cannot grant a service approval if the applicant does not have a provider approval, or if the regulatory authority is satisfied the operation of the service would constitute an unacceptable risk to the safety, health or wellbeing of children.

The regulatory authority may refuse to grant a service approval if it is:

• not satisfied that the grounds for granting approval are met
• not satisfied the applicant can operate the service in a way that meets the National Law and Regulations, including the National Quality Standard
• not satisfied the applicant is entitled to occupy the proposed service premises (for centre-based services)
• not satisfied the applicant is capable of assessing family day care venues or residences or monitoring family day care educators (for family day care)
• not satisfied the provider can maintain the premises or equipment or provide staff as required by the National Law. This may be due to the provider’s financial capacity, management ability or another reason.

Giving notice of the determination

A decision must be made within 90 calendar days. The regulatory authority must give the applicant written notice of its decision, and the supporting reasons, within seven (7) calendar days of making the decision (see Timeframe for assessing an application).

Appeals

[  National Law, Section 190 ]

A decision to refuse to grant a service approval, or to grant service approval subject to conditions, is a reviewable decision under the National Law (see Reviews).

After an application has been determined

Publication on the register of approved services

[  National Law & Regulations, Sections 267, 270, Regulation 230 ]

 Regulatory authorities must keep a register of approved education and care services operating in their jurisdiction including the information set out below.

The regulatory authority and ACECQA may publish the rating levels of the service, the name of the service, the address of the education and care service (except for family day care services) and, in the case of a family day care service, the address of the principal office.

This published information must not identify or lead to the identification of an individual, other than:

• an approved provider
• a person who is being prosecuted for an offence under the National Law.

The address of the principal office of a family day care service should not be published if it is at a private residence. In such cases, the register will not include an address for the service. ACECQA will publish the register of approved services, and regulatory authorities will meet their obligation to publish by linking to the ACECQA website at www.acecqa.gov.au.

Duration and effect of service approval

A service approval authorises the approved provider to operate the education and care service.

A service approval is ongoing unless cancelled or suspended by the regulatory authority, or surrendered or voluntarily suspended by the approved provider. A service approval can also be limited by a condition applied by the regulatory authority.

[  National Law & Regulations, Section 54, Regulation 34 ]   WA 

An approved provider may apply to the regulatory authority for an amendment of a service approval.

An application must be made in writing and include payment of the fee (see Fees). An application must include:

• the name of the service
• the service approval number
• the name and contact details for the contact person for the application
• the details of the amendment applied for, and sufficient information or documentation to support the application.

If the application includes a request for an approval of a family day care venue, the application must also include:

• the location and street address of the venue
• a statement that the applicant has the right to occupy and use the place as a venue and any document evidencing this (e.g. a lease of the premises)
• an assessment (including any risk assessment) of the place conducted by the approved provider to ensure that the health, safety and wellbeing of children is protected.

The regulatory authority may ask the approved provider for further information reasonably required to assess the application.

[  National  Regulations, Regulations 174–175 ]

Approved providers are not required to submit a service approval amendment to change the location of the family day care principal office. However, they are required to notify the regulatory authority at least 14 days before the change. Regulatory authorities should update the service approval when they receive a notification (see Operational Requirements – Governance and leadership and Applications and Approvals – Amendment of service approval without application).

The approved provider may seek to amend the service approval when requesting approval of a place as a family day care venue. The regulatory authority may approve the application if it considers there are exceptional circumstances and the approved provider has included an assessment of the proposed venue in the application. See Applications for service approval including request for approval of a family day care venue and Assessments of family day care residences and venues.

Incomplete applications

If an application does not include all the prescribed information, the regulatory authority may treat the application as invalid. The timeframe for processing an application does not begin until an application is complete and therefore valid.

Timeframe for assessing an application

A decision must be made within 60 calendar days of the regulatory authority receiving a complete application.

Calculating time

The National Law sets out how timeframes are calculated at schedule 1, clause 31.

An application cannot begin to be processed unless the application is complete/valid and includes all the required information.

Considering the application

The National Law and Regulations do not specify the type or level of information needed to assess an application for amendment of service approval, other than requiring an application to include ‘sufficient information’. ‘Sufficient information’ means enough information for the regulatory authority to make a decision on the application.

Determining the application

Once the regulatory authority has received a complete application, it must decide to:

• amend the provider approval in the way that was applied for; or
• amend the provider approval in another way, with the applicant’s written approval; or
• refuse the amendment of the provider approval.

An amendment may include a change to a condition of the provider approval or introduce a new condition.

Appeals

[  National Law, Section 190 ]

A decision to refuse to amend a service approval is a reviewable decision under the National Law (see Reviews).

After approval has been amended

[  National Law, Section 57 ]

If the regulatory authority amends the service approval, it must give a copy to the approved provider.

[  National Law, Section 55 ]

The regulatory authority may amend a service approval at any time without an application from the approved provider. Amendment of a service approval may include varying a condition or imposing a new condition on a service approval.

Regulatory authorities may amend a service approval to reflect a change to the location of the principal office of a family day care service. See Operational Requirements – Governance and leadership for information about providers’ obligations to notify the regulatory authority.

After approval has been amended

[  National Law, Section 57 ]

The regulatory authority must give the approved provider written notice of the amendment. Amendment takes effect 14 calendar days after the approved provider is notified, or at the end of another period specified by the regulatory authority.

At the request of a relevant children’s services regulator, the regulatory authority must amend a service approval that relates to an associated children’s service, provided the request accords with the relevant children’s services law.

If the regulatory authority amends the service approval, it must give a copy to the approved provider.

Appeals

[  National Law, Section 190 ]

A decision to amend a service approval is a reviewable decision under the National Law (see Reviews).

Application for amendment to a service approval for family day care service

 [ National Regulations, Regulation 34 ] 

An application for an amendment to a service approval for a family day care service that includes a request for approval of a place as a family day care venue must also include:

• whether the venue is proposed to be located within a multi-storey building shared with other occupants
• on which storey(s) the proposed venue is proposed to be located
• if the venue is proposed to be located on more than one storey, the ages of the children on each storey
• the total number of storeys in the multi-storey building. 

As part of the regulatory authority’s assessment of an application for an amendment to a family day care service approval, the regulatory authority must consider the assessment (including any risk assessment) of the venue conducted by the approved provider to ensure that the health, safety and wellbeing of children being educated and cared for by the service are protected under regulation 116. As part of this assessment (including any risk assessment) for a residence or venue located in a multi-storey building shared with other occupants, the approved provider must consider for each storey on which the residence or venue is located, whether there is direct egress to an assembly area that allows the safe evacuation of children, including any infants and non-ambulatory children.  

Operating a service without service approval

[  National Law, Section 103 ]

It is an offence under the National Law for a person to provide an education and care service without a service approval. A family day care educator providing education and care as part of an approved service is not committing an offence under this section.

Advertising a service without service approval

[  National Law, Section 104 ]

It is an offence for a person to publish (or cause to be published) an advertisement for an education and care service unless the service is approved or an application for service approval has been submitted to the regulatory authority but not yet decided.

A family day care educator can advertise if they make clear they are part of an approved service. Any advertisement should indicate which approved service they are promoting and include contact details for that service.

Activities that are part of a planning process, such as gauging interest in the feasibility of a service, do not constitute advertising a non-approved service.

[  National Law & Regulations, Sections 58–61, Regulations 36–37 ]

An approved provider (the transferring approved provider) may transfer a service approval to another approved provider (the receiving approved provider).

Notification of decision to transfer

The transferring and receiving approved providers must jointly notify the regulatory authority of the transfer at least 60 calendar days before it is intended to take effect and specify the intended transfer date.

The regulatory authority may agree to a shorter notification period if it considers there are exceptional circumstances (see below).

The notice must be in writing, include the required information and payment of the fee (see Application checklists – Table X and Fees).

Regulatory authority consent

A service approval can only be transferred with the regulatory authority’s consent. The regulatory authority is taken to have consented if it is notified of the transfer and, 28 calendar days before the transfer is to take effect, has not advised the approved providers that it intends to intervene.

The regulatory authority may reassess waivers when notified of the transfer of service approval.

Exceptional circumstances

Regulatory authorities may agree ‘exceptional circumstances’ exist to justify a shorter notification period of less than 60 calendar days. In determining if there are ‘exceptional circumstances’, regulatory authorities may:

• consider if the situation is unusual, not typical – that is, one that cannot ordinarily be planned for (for example, where a management committee must be dissolved suddenly, a transferring approved provider has gone into liquidation or receivership, the transferring approved provider wants to disband/dissolve the legal entity, or the approved provider is ill and no longer able to operate the service, and it is in the best interests of the children at the service to ensure continuity by transferring the service to a new approved provider)
• determine the safety, health and wellbeing of children at the service are at risk (for example, continuity of care becomes compromised). 

 SA    NSW    TAS    WA  Where a service in SA, NSW, Tas or WA is transferred under a transitional arrangement, the notification of transfer must include information regarding the requirements that will need to be met by the service.

Where a service is in NSW and has a waiver, the notification must include how the service will fulfil obligations of the waiver, i.e. whether they will be keeping on an early childhood teacher nominee for a staffing waiver.

Delay to transfer date

[  National Law, Section 59A ]

If, after notifying the regulatory authority of the intention to transfer, the transfer date is to be delayed, the transferring approved provider and receiving approved provider must jointly notify the regulatory authority of the new transfer date. This change will not affect consent to the transfer – either given or taken to have been given – by the regulatory authority before it received notice of the date change.  

Requesting an earlier transfer date after notification given

[  National Law, Section 59B ]

Once the regulatory authority has consented to the transfer, the transferring approved provider and the receiving approved provider may request the transfer take effect on an earlier date than specified in the notification. The regulatory authority may agree to the requested earlier date if satisfied there are exceptional circumstances (see above). 

Decision to intervene in transfer of service approval

[  National Law & Regulations, Section 62, Regulation 38 ]

The regulatory authority may intervene in a transfer if it is concerned about any matter it considers relevant including:

• the receiving approved provider’s capacity to operate the service, considering their financial capacity, fitness and propriety and management ability
• the receiving approved provider’s history of compliance with the National Law and Regulations, including in relation to any other education and care service they operate.

Regulatory authorities may require the receiving approved provider and/or persons with management or control to undergo an oral or written assessment of the person’s knowledge of the NQF. 

If the regulatory authority decides to intervene both the transferring and receiving approved provider must be notified in writing at least 28 calendar days before the transfer is intended to take effect. This does not apply in cases where a notification of service transfer is not lodged in accordance with section 59 of the Law. The notice must include the information set out below.

[  National Law, Sections 63–64 ]

If the regulatory authority intervenes, a transfer cannot proceed unless the regulatory authority gives written consent.

The regulatory authority may request more information from the transferring or receiving approved providers to inform its decision to consent or refuse to consent to the transfer. The regulatory authority may also make inquiries about the receiving approved provider.

Decision following intervention in transfer

[  National Law, Sections 65–66 ]

The regulatory authority may impose conditions on its consent to transfer, including specifying the date the transfer will take effect. The service approval must be transferred in accordance with any conditions imposed.

If the regulatory authority intervenes in a transfer of a service approval, it must notify the transferring and receiving approved providers of its decision at least 10 calendar days before the transfer is intended to take effect.

The notice must specify the regulatory authority’s decision according to the options set out below.

[  National Law, Section 67 ]

A transfer of service approval is void if it is made:

• without the regulatory authority’s consent
• in a way that does not satisfy conditions imposed on the regulatory authority’s consent
• to a person other than the receiving approved provider who notified the regulatory authority of the transfer.

A cancelled service approval cannot be transferred. A service approval that is going to be cancelled may be able to be transferred (see Monitoring, Compliance and Enforcement).

Notification to parents 

[  National Law, Section 69 ]

The receiving approved provider must notify parents of children enrolled at the service of the transfer at least seven (7) calendar days before the transfer takes effect.

Notification following transfer of service approval

[  National Law, Section 68 ]

The transferring and receiving approved providers must notify the regulatory authority in writing within two (2) calendar days after the transfer takes effect, specifying the date of the transfer. Transfer of a service approval includes transfer of any associated children's service included on the service approval.

On receiving notice that the service has been transferred, the regulatory authority must amend the service approval and give the receiving approved provider an updated copy. The amendment to the service approval is taken to have effect on the date of transfer.

Transfer of suspended service approval

[  National Law, Section 76 ]

The regulatory authority may consent to the transfer of a suspended service approval. In this case, the suspension ceases when the transfer takes effect, unless the regulatory authority has imposed a condition on the transfer stating otherwise.

Application to transfer service approval when provider approval is cancelled

[  National Law, Section 34 ]

An approved provider can apply to the regulatory authority for consent to transfer a service approval if their provider approval will be cancelled (see Monitoring, Compliance and Enforcement).

The application to transfer must be made within 14 calendar days after the date of the decision to cancel the provider approval. In this case, the service approval is suspended until the regulatory authority has determined the application for consent to transfer.

If the regulatory authority consents to the transfer, suspension of the service approval ceases on the date the transfer takes effect, unless conditions of transfer specify a later date.

If the regulatory authority decides not to consent to the transfer, the service approval is cancelled from the date of its decision.

Application to transfer cancelled service approval

[  National Law, Sections 81–82 ]

An approved provider can apply to the regulatory authority for consent to transfer a service approval that is to be cancelled, unless the cancellation relates only to an associated children’s service.

The application must be made within 14 calendar days after the regulatory authority decides to cancel the service approval.

If the approved provider applies for consent to transfer, the service approval is suspended, rather than cancelled, until the regulatory authority determines the application.

If the regulatory authority consents to the transfer, its decision to cancel the service approval is revoked. The suspension of the service approval ceases when the transfer takes effect, unless the regulatory authority imposes a condition on their consent to transfer, specifying a later date.

If the regulatory authority refuses to consent to the transfer, the service approval is cancelled, effective from the date of its decision.

The National Law does not specify how an approved provider must apply for consent to transfer service approval if their approval will be cancelled. To ensure it has all the necessary information to decide whether to consent to the transfer, the regulatory authority can request an application be made in the same form as an application to transfer service approval in ordinary circumstances (See Notification of decision to transfer).

[  National Law & Regulations, Sections 30, 70–75, 84–85, Regulations 39–40 ]

The regulatory authority may suspend the service approval for up to 12 months.

A regulatory authority may suspend a service approval on a number of grounds, such as:

• there is a reasonable belief that it would not be in the best interests of the children for the service to continue to operate
• the service has operated at a rating level not meeting the National Quality Standard and
  • a service waiver or temporary waiver does not apply to the service in respect of that non-compliance
  • there has been no improvement in the rating level
• the approved provider has not complied with a condition of the service approval or the National Law and Regulations
• the approved provider has not complied with a direction, compliance notice or emergency order under the National Law
• the approved provider has not paid the annual fee for the service approval.

Before a regulatory authority takes action to suspend a service approval, it must:

• notify the approved provider and provide reasons for the action (a ‘show cause notice’)
• allow the approved provider to respond in writing to the notification before making its final decision
• advise the approved provider in writing of the final decision.

The regulatory authority may require the approved provider to notify parents of enrolled children of the suspension in writing.

A regulatory authority may also suspend a service approval without prior notification if there is immediate risk to the safety, health or wellbeing of a child or children. If a regulatory authority suspends a service approval without notification, the suspension can be for no longer than six months.

An approved provider may also apply to voluntarily suspend a service approval for up to 12 months (see Transfer of service approval).

[  National Law, Section 85 ]

An approved provider may apply for voluntary suspension of a service approval and put the service approval ‘on hold’ for up to 12 months.

During that time, the person must not operate the service.

An approved provider may apply if, for example, they no longer wish to operate the service but have not negotiated transfer of the service to another approved provider, or if they need to temporarily relocate a service to different premises during refurbishment.

See Monitoring, Compliance and Enforcement for information on non-voluntary suspension of a service approval.

How does the approved provider apply?

[  National Law & Regulations, Section 85, Regulation 40 ]

An application for voluntary suspension must be in writing and include payment of the prescribed fee.

The National Regulations specify information that must be included in an application to suspend service approval (see Application checklists – Table XI).

Incomplete applications

If an application does not include all the prescribed information, the regulatory authority may treat the application as invalid. The timeframe for processing an application does not begin until an application is complete and therefore valid.

Notification to parents

An approved provider must notify parents of children enrolled at their services of their intention to apply for voluntary suspension of service approval at least 14 calendar days before making the application.

Timeframes for assessing an application

A decision must be made within 30 calendar days of the regulatory authority receiving a complete application.

Calculating time

The National Law sets out how timeframes are calculated at schedule 1, clause 31.

An application cannot begin to be processed unless the application is complete/valid and includes all the required information.

Considering the application

[  National Law, Sections 85, 101 ]

The regulatory authority should consider whether the suspension is reasonable in the circumstances.

The regulatory authority can only suspend a service approval of a family day care service after consulting with the regulatory authority of each jurisdiction where the approved provider operates an education and care service. This includes the regulatory authority which granted the service approval. Failure to consult other regulatory authorities does not affect the validity of the decision.

Determining an application

[  National Law, Section 85 ]

If the regulatory authority grants an application for voluntary suspension of service approval, it may agree to the date the suspension takes effect with the approved provider.

After approval has been suspended

The suspension of the service approval remains in force for the period specified in the written notice of decision. The regulatory authority can lift a period of voluntary suspension at the approved provider’s request.

The surrender of service approval means giving up service approval. Once surrendered, the person cannot operate the education and care service.

How does the approved provider surrender approval?

[  National Law, Section 86 ]

An approved provider can surrender their service approval by giving written notice to the regulatory authority.

The notice to the regulatory authority must specify a date on which the surrender is intended to take effect. The date of effect must be after the notice is given to the regulatory authority and at least 14 calendar days after parents of children enrolled at any services are notified.

Notification to parents

An approved provider must notify parents of children enrolled at the service of their intention to surrender the service’s approval. Parents must be notified at least 14 calendar days before the date of surrender is to take effect.

[  National Law, Sections 41, 87, 93 ]

A service waiver allows an approved education and care service to be taken to comply with requirement/s of the prescribed National Regulations.

Requirements that can be waived by the regulatory authority under the National Regulations, are set out in the table below.

How does an approved provider apply?

[  National Law, Section 88 ]

An application for a service waiver must be in writing and include payment of the prescribed fee (see Fees).

An approved provider may apply for a service waiver and a service approval at the same time.

An approved provider can only apply for a waiver of the regulations set out in the above table. The application may be refused and the application fee may be refunded if the application seeks to waive other regulations.

[  National Regulations, Regulation 42 ]

The National Regulations prescribe information that must be included in an application for a service waiver (see Application checklists – Table XIII).

The application must detail any attempts made to comply with the relevant regulation and include the measures being taken, or to be taken, to protect the wellbeing of children at the service.

The National Law allows an approved provider to apply for a service waiver from staffing requirements. However, if the issue may be resolved within 12 months, a temporary waiver may be more appropriate.

Incomplete applications

[  National Law, Section 265 ]

If an application does not include all the required information, the regulatory authority may treat the application as invalid. The timeframe for processing an application does not begin until an application is complete and therefore valid.

Timeframe for assessing an application

[  National Law, Section 91 ]

The regulatory authority must notify the applicant of its decision within 60 calendar days after the application is made. The timeframe for determining an application cannot be extended.

If the approved provider applied for a service waiver and a service approval simultaneously, the regulatory authority may notify the applicant of the outcome of both applications at the same time.

Calculating time

The National Law sets out how timeframes are calculated at schedule 1, clause 31.

An application cannot begin to be processed unless the application is complete/valid and includes all the required information.

Considering an application

[  National Law, Sections 89–90 ]

When considering an application for a service waiver, the regulatory authority may consider the measures being taken or to be taken to protect the wellbeing of children while the proposed waiver is in force, and any other information included in the application.

Assessment of waiver applications

All applications for service or temporary waivers are assessed on a case-by-case basis. A regulatory authority may request more information or may inspect the service premises or office to assist in deciding to grant or refuse a waiver. If more information is requested, the time taken to provide it is not included in the period for determining the application.

If the regulatory authority grants a waiver, it must issue or reissue the service approval specifying the regulation(s) to which the service waiver applies.

In assessing a waiver application a regulatory authority should consider the following non-exhaustive list:

General

• the measures being taken or to be taken to protect the wellbeing of children being educated and cared for by the service while the proposed waiver would be in place
• the benefits to families, children and communities in having the service operate
• the service’s Quality Improvement Plan
• the number and age range of children enrolled at the service
• attempts made by the approved provider to comply with the regulation(s)
• the cost of any adjustments needed for the service to comply with the regulations for which a waiver is being sought
• the compliance history of the approved provider and/or the service
• unusual or unforeseen circumstances, such as natural disasters
• whether the issue is ongoing (i.e. longer than 12 months) and requires a service waiver, rather than a temporary waiver, or circumstances have changed and a temporary waiver is required instead of a service waiver.

Staffing Waivers

• staff details, including rosters and qualifications
• evidence of recruitment e.g. advertising and the outcomes of a recruitment attempt
• evidence of progress towards relevant qualifications
• strategies in place to attract, upskill and retain staff
• what the service is doing to meet the immediate shortfall.

Physical Environment Waivers (including indoor and outdoor spaces)

• access to indoor and outdoor spaces, or facilities e.g. toilets
• building and floor plans by a certified building practitioner
• photos of relevant spaces, e.g. simulated outdoor space
• details of renovations
• impact on programming, educational outcomes and experience of children
• at the discretion of the regulatory authority, an authorised officer may visit the service premises to view the relevant spaces and gather additional information.

Waiver of requirement to have FDC principal office in the same jurisdiction as FDC service approval

[  National Regulations, Regulation 72A ]

• family day care services are in Local Government Areas in adjacent jurisdictions (e.g. Albury/Wodonga)
• strategies in place to ensure educators will be adequately supported and monitored.

Waiver Conditions

A waiver may be granted subject to conditions. For example, a condition on a waiver may limit it to applying for a specific period of time, i.e. one day a week.

A regulatory authority may grant a waiver subject to conditions for a variety of reasons, including where it considers that limiting the scope of the waiver is appropriate to protect the wellbeing of children educated and cared for by the service.

Conditions on a waiver may be removed, added to or varied at any time. For instance, if a provider fails to take measures to protect the wellbeing of children, as set out in the application, a condition may be imposed which would affect the validity of the waiver. The waiver only applies where steps are taken, in accordance with the application, to protect the wellbeing of children at the service.

If a waiver applies to multiple regulations, conditions may be imposed on some or all aspects of the waiver. Conditions on a waiver are recorded on the service approval certificate. These conditions are in addition to any conditions that apply to the service approval itself.

Determining an application

[  National Law, Section 91 ]

The regulatory authority may decide to grant or refuse an application for a service waiver.

If the regulatory authority receives an application for a service waiver which should have been an application for a temporary waiver, it can be processed as if it was an application for a temporary waiver. The approved provider is not required to resubmit an application (see Application for temporary waiver).

Applications to waive multiple regulations

At the discretion of the regulatory authority, an approved provider may include multiple regulations in a single waiver application. If the regulatory authority receives an application seeking to waive multiple regulations, it may decide to grant a waiver in relation to some regulations but refuse others.

If a waiver applies to multiple regulations, conditions may be imposed on some or all aspects of the waiver.

After a service waiver has been granted

[  National Law, Section 91 ]

The regulatory authority must give the approved provider a copy of their service approval that lists the regulation to which the waiver applies and any conditions placed on the waiver.

Revoking a service waiver

[  National Law & Regulations, Section 92, Regulation 43 ]

A service waiver is ongoing and remains in force until revoked. There is no maximum period for which a service waiver can apply.

While a service waiver is ongoing, it is not ‘permanent’, as the regulatory authority may revoke a service waiver at its discretion. If a service waiver is revoked, the waiver ceases to apply:

• 60 calendar days after the regulatory authority notifies the approved provider of their decision, or
• at the end of a period determined by the regulatory authority and agreed by the approved provider.

An approved provider may apply to the regulatory authority to have a service waiver revoked. In this case, the waiver ceases to apply:

• 14 calendar days after the regulatory authority notifies the approved provider that the application for revocation is approved, or
• at the end of a period determined by the regulatory authority and agreed by the approved provider.

If a service waiver is granted and the regulatory authority later becomes aware that the grounds on which it was granted no longer apply, or if a condition placed on the service approval has not been complied with, it may revoke the waiver. The regulatory authority may revoke a service waiver at its discretion including if, for example, the regulatory authority becomes aware of a relevant risk to the safety, health and wellbeing of children.

If the regulatory authority revokes a waiver and the approved provider fails to comply with a requirement of the National Law and Regulations, it may take compliance action.

[  National Law, Sections 94, 100 ]

An approved provider may apply to the regulatory authority for a temporary waiver. A temporary waiver means a service is not required to comply with a specified requirement or requirements of the National Regulations for a period of time. 

If the regulatory authority becomes aware of an approved education and care service not being able to meet staffing or physical environment requirements, despite attempts to comply, it may inform the approved provider that they may apply for a temporary waiver, if it is satisfied the approved provider has reasonable justification for not being able to comply.

What requirements can be the subject of an application for a temporary waiver?

[  National Regulations, Regulation 44 ]

Requirements that can be temporarily waived by the regulatory authority under the National Regulations are set out in the table below.

How does an approved provider apply?

[  National Law, Section 95 ]

An application for a temporary waiver must be in writing and include payment of the prescribed fee (see Fees).

An approved provider can only apply for a waiver of the prescribed regulations set out in the above table. If the regulatory authority receives an application for a waiver of a regulation that is not prescribed, the application may be refused and the application fee may be refunded.

[  National Law & Regulations, Section 95, Regulation 45 ]

The National Regulations prescribe information that must be included in an application for a temporary waiver (see Application checklists – Table XIII).

The National Regulations do not specify the type of evidence that must be included to support a waiver application. Therefore, the regulatory authority has discretion to accept a range of evidence.

Applications and notifications can be submitted to the regulatory authority online using the National Quality Agenda IT System on the ACECQA website at www.acecqa.gov.au.

Incomplete applications

If an application does not include all the prescribed information, the regulatory authority may treat the application as invalid. The timeframe for processing an application does not begin until an application is deemed complete and therefore valid.

Timeframe for assessing an application

[  National Law, Section 98 ]

The regulatory authority must notify the applicant of their decision within 60 calendar days of receiving a complete application. There is no provision to extend the timeframe for determining an application for a temporary waiver.

Calculating time

The National Law sets out how timeframes are calculated at schedule 1, clause 31.

An application cannot begin to be processed unless the application is complete/valid and includes all the required information.

When calculating the timeframe, the day the application is received is excluded. If the timeframe is expressed in the legislation in terms of a number of days, the last day of that timeframe is also excluded. ‘Day’ means calendar day. For example, a regulatory authority must make a decision on an application for a temporary waiver within 60 days after the application is received (see section 15). If the regulatory authority receives the application on 1 March, the 60-day timeframe commences on 2 March and runs until the end of 1 May. 1 March is excluded from the calculation, and 30 April, being the 60th day, is also excluded.

If the last day of the timeframe falls on a non-business day, the next business day will be the last day. Using the example above, if 1 May is a Saturday, Sunday or public holiday, the regulatory authority’s decision will be due the first working day after 1 May.

If more information is needed, the time period for responding to the regulatory authority request is excluded from the 60-day limit within which the regulatory authority must decide the application.

Considering an application

[  National Law, Sections 96–97 ]

The regulatory authority must consider whether any special circumstances disclosed in the application reasonably justify the grant of a temporary waiver. When considering an application for a temporary waiver, the regulatory authority may consider the measures being taken or to be taken to protect the wellbeing of children while the proposed waiver is in force, and any other information included in the application.

The regulatory authority may ask for more information or may inspect the service premises or office for the purpose of assessing the application. If more information is requested, the time taken to provide it is not included in the period for determining the application.

Assessment of waiver applications

All applications for service or temporary waivers are assessed on a case-by-case basis with reference to the requirements of the National Law and Regulations. If the regulatory authority grants a waiver, it must issue or reissue the service approval specifying the regulation to which the waiver applies.

In assessing a waiver application a regulatory authority should consider the following non-exhaustive list:

General

• the measures being taken or to be taken to protect the wellbeing of children being educated and cared for by the service while the proposed waiver would be in place
• the benefits to families, children and communities in having the service operate
• the service’s Quality Improvement Plan
• the number and age range of children enrolled at the service
• attempts made by the approved provider to comply with the regulation(s)
• the cost of any adjustments needed for the service to comply with the regulations for which a waiver is being sought
• the compliance history of the approved provider and/or the service
• unusual or unforeseen circumstances, such as natural disasters
• whether the issue is ongoing (i.e. longer than 12 months) and requires a service waiver, rather than a temporary waiver, or circumstances have changed and a temporary waiver is required instead of a service waiver.

Staffing Waivers

• staff details, including rosters and qualifications
• evidence of recruitment e.g. advertising and the outcomes of a recruitment attempt
• evidence of progress towards relevant qualifications
• strategies in place to attract, upskill and retain staff
• what the service is doing to meet the immediate shortfall.

Physical Environment Waivers (including indoor and outdoor spaces)

• access to indoor and outdoor space, or facilities e.g. toilets
• building and floor plans by a certified building practitioner
• photos of relevant spaces e.g. simulated outdoor space
• details of renovations
• impact on programming, educational outcomes and experience of children

At the discretion of the regulatory authority, an authorised officer may visit the service premises to view the relevant spaces and gather additional information.

Determining an application

Granting or refusing a temporary waiver

[  National Law, Section 98 ]

If granted, the regulatory authority must specify the period for which the temporary waiver will apply, which can be up to 12 months. The regulatory authority must issue or reissue the service approval, specifying the regulation to which the temporary waiver applies, the period of the waiver, and any conditions placed on the waiver.

Conditions on temporary waivers

If a temporary waiver is granted, the regulatory authority may place conditions on the waiver including limiting the use of the waiver. The regulatory authority may also remove, add to or vary any conditions placed on the temporary waiver at any time.

Applications to waive multiple regulations

At the discretion of the regulatory authority, an approved provider may include multiple regulations in a single waiver application. If the regulatory authority receives an application seeking to waive multiple regulations, it may decide to grant a waiver in relation to some regulations but refuse others.

If a waiver applies to multiple regulations, conditions may be imposed on some or all aspects of the waiver.

Revoking a temporary waiver

[  National Law, Section 99 ]

The regulatory authority may revoke a temporary waiver at its discretion.

An application for a temporary waiver must include details of any attempts made to comply with the regulation and the measures being taken, or to be taken, to protect the wellbeing of children being educated and cared for by the service. The regulatory authority may consider revoking a temporary waiver after it has been granted, if made aware that the grounds on which it was granted no longer apply or that the service approval has not been complied with.

There is no notice period for revoking a temporary waiver.

If the regulatory authority revokes a waiver and the approved provider fails to comply with a requirement of the National Law and Regulations, it may consider whether it is appropriate to take compliance action.

An approved provider may contact the regulatory authority seeking to have a temporary waiver revoked if it is no longer required. The National Law does not prescribe the process for revoking a temporary waiver at a provider’s request.

[  National Law, Section 51 ]

The regulatory authority can impose any conditions it considers appropriate on a service approval and on a waiver.

The regulatory authority may grant a temporary waiver and place conditions on the service approval at the same time.

Conditions may also be placed on the service approval at a later time.

This approach may be suitable where there:

• is a greater risk to children in granting the waiver, such as where the service would not be allowed to operate without meeting certain conditions or taking certain steps
• are concerns about whether the provider will maintain their efforts to meet the requirement and follow through on any agreed actions.

This approach may be preferred if it is important families using the service are aware of the grounds on which the waiver has been issued, as the details of any conditions on a service approval must be displayed at the entrance to the service premises.

After a temporary waiver has been granted

[  National Law, Section 98 ]

The regulatory authority must give the approved provider a copy of their service approval that lists the regulation to which the waiver applies, the period of the waiver and any conditions placed on the waiver.

Regulatory authorities should take a risk-based approach to monitoring compliance of services with a temporary waiver (see Monitoring, Compliance and Enforcement for more information about monitoring activities).

If a service is transferred to a new provider, any waivers that apply will remain in place. However, the regulatory authority might decide to monitor the service after it is transferred, to ensure the grounds on which the waiver was issued still exist.

The National Law does not explicitly give regulatory authorities the power to publish information about waivers. Regulatory authorities may, however, publish information about conditions on service approvals.

Expiry of a temporary waiver

[  National Law, Sections 98, 100 ]

Once the period for which a temporary waiver is granted has passed, the waiver no longer applies and the service must comply with the National Law and Regulations, unless an extension has been granted.

To help ensure families can access current information about the service, the regulatory authority should reissue the service approval once a temporary waiver expires.

Once a temporary waiver expires, the regulatory authority might decide to monitor the service to ensure the requirement is being met (see Monitoring, Compliance and Enforcement for more information).

Application to extend a temporary waiver

[  National Law, Section 98 ]

The approved provider may apply for an extension of a temporary waiver. The regulatory authority cannot extend a temporary waiver without an application from the approved provider. The application must be in writing and include payment of the prescribed fee (see Fees).

The regulatory authority may extend a temporary waiver for up to 12 months. Approved providers may apply for further extensions to a temporary waiver however this will be assessed on a case-by-case basis.

An application for an extension of a temporary waiver must relate to the same regulations and circumstances for which the initial waiver was granted. For instance, a provider might apply for an extension to a temporary waiver if building works take longer than expected, or if an educator needs some more time to complete their approved qualification. If the provider is seeking a waiver of different requirements, they must submit a new application.

When considering an application for extension of a temporary waiver, the regulatory authority will consider the same matters as for an initial application, paying particular attention to the attempts made and/or steps taken by the service to comply with the regulation(s). If the regulatory authority extends the service waiver the service approval will be amended.

* Regulatory authorities may waive this requirement if the approved provider is seeking: – to relocate the education and care service to alternative premises for not more than 12 months, or – to locate the education and care service on a school site.

[  National Regulations, Regulation 108 ]

The approved provider of a centre-based service or a family day care venue, which educates and cares for children over preschool age, may apply to the regulatory authority to include an area of unencumbered indoor space in calculating the outdoor space at the service.

Considering an application

When making a decision on an application, regulatory authorities will balance the objectives of the legislation to prioritise children’s safety, health and developmental outcomes, with the interests of providers to offer services, and for families to have access to those services.

When reviewing the application, the regulatory authority may consider the:

• number and ages of children and the time spent at the service
• physical elements of the space
• proportion of indoor space to be included in the outdoor space.

Number and ages of children and the time spent at the service

Regulatory authorities may consider the ages of the children at the service and what proportion of children are over preschool age. Indoor space can only be calculated as outdoor space when children over preschool age are being educated and cared for at the service.

The amount of time children spend at the service will also be considered.

Using indoor space in calculating outdoor space is more likely to be appropriate at an outside school hours care service where children are only at the service for a couple of hours each morning and/or afternoon, than at a vacation care service, where children attend from 8am to 5pm each day.

Physical elements of the space

Regulatory authorities may consider how the indoor space can be used. For example, can the indoor space be safely used for activities which would ordinarily be done outside, such as throwing a ball, skipping or running? Regulatory authorities may look at flooring, whether any glass areas are or can be protected, and whether the space is sufficiently lit and ventilated for physical activity.

Where the space is intended to be used for these types of activities, such as gymnasiums or halls, or where they can be safely used for these types of activities, they may be suitable to be included in calculating outdoor space.

Proportion of indoor space to be included in calculating outdoor space

The greater the proportion of indoor space that will be included in calculating outdoor space, the more important it will be for the regulatory authority to be satisfied that the space can be used for activities which would typically be undertaken outside.

If an application is refused

If an application is refused, the approved provider may apply for a service or temporary waiver (see Waivers for more information).

[  National Regulations, Regulation 107 ]

There must be at least 3.25 square metres of unencumbered indoor space for each child being educated and cared for at a centre-based or family day care venue. An approved provider can apply to the regulatory authority to use a verandah as indoor space.

The application may be made with the initial application for service approval, or at a later time.

Considering an application

The regulatory authority will determine applications on a case-by-case basis.

In some climates and in some buildings, verandah space may be a preferable space for children to carry out indoor play activities. Regulatory authorities will balance the health, safety and wellbeing of children with the intent of the legislation to allow suitable verandahs to be included in indoor space calculations.

Services in Queensland

 QLD  Approval in Queensland is subject to evidence from a building practitioner which demonstrates that the verandah meets the requirements under the relevant building code to be classed as indoor space. A building practitioner may impose requirements on a provider to enable such evidence to be provided (such as requiring the installation of waterproof blinds) and to ensure the space can be considered 'indoors'.

Services in Tasmania

  TAS  The Early Childhood Centre and School Age Care Facilities Code restricts the Tasmanian regulatory authority from approving verandahs as indoor space, due to the climate.

Services in all other states and territories

All other regulatory authorities may consider the following factors in approving a verandah as indoor space:

• the square metres of usable and unencumbered space
• taking into account the physical elements of the space, such as adequate flooring, roofing and the shape of the space, and whether there are significant periods of the year in which the space will be unsuitable
• taking into account year round weather conditions, community expectations of suitability and measures available to manage climate, such as air conditioning, heating and weatherproofing.

Regulatory authorities may refuse applications if children are at risk of overcrowding because the verandah is unsuitable for indoor play activities for a significant period of time.

Minimum space requirements

There are no minimum space requirements for verandahs to be approved as indoor space.

Building requirements

  QLD  All regulatory authorities (excluding Queensland) do not need to consider building approvals when assessing applications for verandahs to be included in indoor space calculations.

Light and ventilation

The requirements for natural light, ventilation and temperature that apply to indoor spaces do not apply to verandahs.

Supervision

Adequate supervision is a consideration for any part of the service premises where children are educated and cared for. Supervision does not generally form part of the considerations for assessing whether verandahs are counted towards indoor or outdoor space. Regulatory authorities may consider supervision in cases where the approved provider alters, or intends to alter, the service premises as part of making a verandah suitable as an indoor space (see Operational Requirements – Physical Environment).

How Standard 1.1 contributes to quality education and care

Quality educational programs use an approved learning framework to guide curriculum decision-making and facilitate a shared understanding of children’s learning, development and wellbeing. This enables everyone involved in the service to share their perspectives, understanding of, and support for quality education and care practices.

With support from the approved provider and nominated supervisor, the educational leader collaborates with educators in designing an educational program that enables educators to work with children and families to achieve optimal learning, developmental and wellbeing outcomes for children.

With guidance from the educational leader, educators:

• use an approved learning framework to underpin their everyday practice. The framework guides interactions with children and families and provides the basis for educators’ pedagogical decision-making, including the experiences that are planned for children and the teaching and learning that occurs
• develop the educational program based on their knowledge of each child so that the interactions, experiences, routines and events that each child engages in are relevant to them, respectful of their background and recognise and build on their current strengths, abilities and interests
• evaluate and critically reflect on the effectiveness of their planning and implementation of curriculum for children’s learning
• create culturally safe spaces and provide opportunities for Aboriginal and Torres Strait Islander children and young people to see themselves, their identities and cultures reflected in their environment
• embed Aboriginal and Torres Strait Islander perspectives in the philosophy of the setting, and their planning and implementation of curriculum (Early Years Learning Framework; Framework for School Age Care)
• ensure that the interactions, experiences, routines and events included in the educational program maximise opportunities for children’s learning
• create inclusive learning environments and make reasonable adjustments to optimise participation and engagement in learning for children
• recognise and respond to barriers that some children face, including attitudinal and practical barriers, to support all children’s inclusion (Early Years Learning Framework; Framework for School Age Care).

Questions to guide reflection on practice for Standard 1.1 (for all services)

Educational program

How Standard 1.2 contributes to quality education and care

In their pedagogical practice, educators have a professional responsibility to build and nurture relationships with children, young people and families, provide a play-based environment, and facilitate and extend children’s learning, development and wellbeing. Educators are deliberate, purposeful and thoughtful in their decisions and actions. They are intentional in the roles they take in children and young people’s play and leisure, and how they plan the environment and curriculum experiences (Early Years Learning Framework; Framework for School Age Care). They value and respond to children’s ideas and curiosities, and extend children’s learning through open-ended questions, meaningful interactions and encouraging feedback. They promote each child’s agency to help them make choices and decisions that influence their world (Early Years Learning Framework; Framework for School Age Care).

Educators’ professional judgments and curriculum decisions are central to their active role in facilitating children’s learning, development and wellbeing. In making professional judgments, educators intentionally utilise their:

• professional knowledge, skills and experience
• contextual knowledge of each child, their families and communities
• understanding that relationships with children and families are critical to creating safe and trusting spaces
• awareness of how their own beliefs and values impact on children’s wellbeing and learning
• awareness of their own biases and how these might impact on inclusive practice
• knowledge and understanding of Aboriginal and Torres Strait Islander perspectives
• knowledge and use of all components in the planning cycle (Early Years Learning Framework; Framework for School Age Care).

Educators also draw on their creativity, intuition and imagination, including engaging in critical reflection, to evaluate and adjust their practice to suit the learners, and the time, place and context of learning (Early Years Learning Framework; Framework for School Age Care).

Intentional and responsive educators actively engage in children’s learning as resourceful and respectful co-learners and collaborators and share decision-making with them. They use everyday interactions with children during play, routines, transitions and ongoing projects to stimulate children’s thinking and to enrich their learning.

Questions to guide reflection on practice for Standard 1.2 (for all services)

Educational practice

How Standard 1.3 contributes to quality education and care

Thoughtful and professional approaches to assessment and planning for each child and young person and the group of children have the potential to enhance their learning, development and wellbeing.

The approved learning framework and the service’s philosophy statement (see Element 7.1.1) guide educators in developing an educational program and practice that supports their beliefs and values about children’s learning.

Educators collect information on each child, analyse what that information tells them about how to support the child’s learning further, document, plan experiences to incorporate into the program, implement the program and then critically reflect on and evaluate what has been learned.

Planning ensures that the educational program and practice responds to children’s strengths, abilities and interests, and scaffolds and extends their learning. It ensures that educators’ practice is intentional and supports children to progress towards the learning outcomes.

Critical reflection encourages educators to engage in analytical and diagnostic thinking to honestly and critically reflect in detail on all aspects of the program, their professional practice, and children’s learning, development and wellbeing.

Educators work in partnership with families in collecting information and planning for each child’s learning and development and seek to keep families informed about the program and their child’s progress. Children’s views and opinions about program planning and evaluation also inform this process.

Questions to guide reflection on practice for Standard 1.3 (for all services)

A planned and reflective approach to program implementation

How Standard 2.1 contributes to quality education and care

Children’s health and physical wellbeing contributes to their ability to concentrate, cooperate and learn (Early Years Learning Framework; Framework for School Age Care). Being active, healthy, well rested and free of illness assists children to participate happily and successfully in the learning environment. It is also important that all children are supported to take increasing responsibility for their own health, hygiene and personal care, and become mindful of their own and others’ safety (Early Years Learning Framework; Framework for School Age Care).

Children’s health requirements can change over time as they grow and develop. Working in partnership with children and families, community members, teachers in schools, and where relevant, health care and other professionals, the service should have effective processes to support all aspects of children’s health. This can include:

• being aware of and meeting each child’s physical health, wellbeing and comfort requirements throughout the day
• encouraging physical activity
• supporting all children’s wellbeing by providing opportunities for children’s sleep, rest and relaxation and both passive and active leisure
• implementing effective hygiene practices to control the spread of infectious diseases
• managing injuries and illnesses
• meeting children’s nutritional needs
• teaching children that healthy lifestyles underpin everyday routines and experiences.

Questions to guide reflection on practice for Standard 2.1 (for all services)

Wellbeing and comfort

Health practices and procedures

Healthy lifestyle

How Standard 2.2 contributes to quality education and care

Children have a fundamental right to be protected and kept safe when they attend an education and care service. Unsafe settings and situations can negatively impact on children’s physical health and wellbeing, which in turn can negatively affect their experiences, learning and wellbeing in the present and throughout their lives.

Through a widening network of secure relationships, children develop confidence and feel respected and valued. A strong sense of wellbeing promotes children’s confidence and optimism, which maximises their learning and development (Early Years Learning Framework; Framework for School Age Care).

Questions to guide reflection on practice for Standard 2.2 (for all services)

Protecting each child

How Standard 3.1 contributes to quality education and care

The way in which the service environment is designed, equipped and arranged determines how children use space and resources. The environment also impacts on the behaviours and interactions of children and adults.

Indoor environments are characterised by open spaces that provide children with opportunities to be involved in self-chosen and negotiated experiences that can be quiet or active learning situations, solitary play experiences, or routines with small and large groups.

Quality indoor spaces:

• support the emerging interests of every child and enable them to demonstrate their innate creativity and curiosity
• reflect the cultures, interests, abilities and learning styles of every child
• recognise children as active learners and competent decision makers.

Outdoor environments are characterised by both active and quiet zones that comprise a balance of fixed and moveable equipment, open space to engage in physical activities, and spaces that promote investigation and respect for the natural environment.

Outdoor spaces that are dynamic and flexible:

• provide opportunities for unique play and learning
• complement and extend the indoor learning experiences
• offer children opportunities to be active, make mess and noise, and be wholly engaged in play.

To maximise children’s engagement in positive experiences and support the access of every child, services should consider:

• the location of the service and the Traditional Owners and custodians of the land on which the service is located
• the amount of space and how it is arranged and used for different groups and ages of children
• access between indoor and outdoor environments
• the availability of furniture, equipment and resources, and arrangement of rooms
• the availability of play spaces in natural environments that may include plants, trees, edible gardens, open spaces, sand, rocks, mud, water and other elements from nature (Early Years Learning Framework)
• how the placement of buildings, fixtures and fittings supports the access of all children and families
• internal and external noise levels
• visibility and design that supports effective supervision
• the air quality
• ventilation and access to natural light.

Well-designed facilities support children to access different areas, move between indoor and outdoor spaces, explore, experiment, create and express themselves, while allowing others in the space to do the same. When educators, with support from the educational leader, create physical and social learning environments that have a positive impact on children’s learning, they are able to spend valuable time interacting with children. This enriches the lives and identities of children and families.

Providers of centre-based services must notify the regulatory authority of any change in the ages of children being educated or cared for and/or the nature of education and care provided (regulations 175(2)(ab) and (ac)). Doing so allows regulatory authorities to better identify and prevent possible risks within services. When there is a change in the ages of children being educated or cared for and/or the nature of education and care provided, providers need to ensure that each service has the facilities, staffing qualifications and knowledge specific to the current age group of children attending. Failing to do so can place children in settings that are unsuitable for their needs and may pose a risk to their health, safety and wellbeing. For example, introducing a cohort of children aged birth to two requires a range of changes within the service, including nappy change facilities and age-appropriate programming. Similarly, including children over preschool age within a service requires changes to promote the health, safety and wellbeing of these children. 

A change to the ages of children being educated or cared for and/or the nature of education and care provided may require:

• a review of and change to resources, furniture and equipment to ensure safety, age-appropriateness and to provide sufficient challenge
• changes to programming/documentation. Different approved frameworks may apply
• a review of staffing because different numbers and qualification requirements may apply
• a change to the physical environment, for example:
  • fencing, if a service will begin providing care to children preschool aged or under, and;
  • food and bottle preparation areas
• updating policies and procedures, particularly in relation to emergencies and evacuation. 

It is important that physical spaces enable appropriate supervision of children in each age group. 

Questions to guide reflection on practice for Standard 3.1 (for all services)

Appropriate design and upkeep

How Standard 3.2 contributes to quality education and care

A service environment that is inclusive, promotes competence in children and supports exploration and play-based learning creates the context for children to learn and build relationships with others. Welcoming, safe, inclusive, vibrant and flexible environments support children’s exploration, creativity, learning and wellbeing, and are responsive to the individual requirements of each child. A quality physical environment caters for different learning capacities and learning styles, and encourages children and families to contribute ideas, interests and questions (Early Years Learning Framework; Framework for School Age Care). It also supports the holistic way that children learn.

Exploration of the natural environment helps to build children’s competence and play-based learning. It also encourages children to develop an appreciation of the natural world, an awareness of the impact of human activity on the environment, and ways in which they can contribute to a sustainable future.

Resources should reflect the breadth of age groups, interests, curiosities, capabilities and cultures of children that are sharing the environment. Resources need to be accessible to children so they can choose and be responsible for their actions (Framework for School Age Care).

Questions to guide reflection on practice for Standard 3.2 (for all services)

Inclusive environment

Promoting competence, supporting exploration and play-based learning