Education and Care Services National Amendment Regulations 2020

Education Council has decided to introduce new requirements under the National Regulations for approved providers of education and care services that offer, or arrange, transportation of children. The new requirements will commence on 1 October 2020.

Children are sometimes transported, or travel on transport arranged, by children’s education and care services – for example, transport to and from the service and a child’s home or other location.

Transporting children may present additional risks, including during transition between a vehicle and a service premises or other location. To better manage these risks, all governments have decided to introduce new requirements to strengthen oversight arrangements when children are being transported under the care of an education and care service.

From 1 October 2020, approved providers of education and care services that offer, or arrange, transportation of children will be required to have in place transportation-specific policies and procedures. New requirements for transport-specific risk assessments and obtaining written authorisations will also apply. Minor corresponding changes relating to excursions that involve transporting children will also take effect.

The Education and Care Services National Amendment Regulations 2020 are now available on the NSW Government legislation website.

This ACECQA information sheet provides details of the changes. It includes links to relevant risk assessment templates that providers may wish to incorporate within their own risk material. Updates to the Guide to the NQF will be published in September ahead of the changes taking effect.

There have also been amendments made to staffing provisions in South Australia to support national consistency and provide greater flexibility for South Australian centre-based services to meet staffing requirements under the NQF. These changes introduce:

  • a minimum educator-to-child ratio requirement of 1:11 for children over 36 months of age up to and including preschool age in all South Australian centre-based services. 
  • a three month probationary period for new educators without an approved qualification to be counted as a certificate III qualified educator for the purposes of educator to child ratios in South Australian centre-based services that educate and care for children preschool age or under. 

Please note: There will be no change for South Australian government provided preschools. Providers across the sector can maintain existing requirements through service policy and operational decisions. 

These South Australian-specific provisions commence on 1 September 2020.