1Short title
This Law may be cited as the Education and Care Services National Law (WA).
This Law may be cited as the Education and Care Services National Law (WA).
This Law commences in a participating jurisdiction as provided under the Act of that jurisdiction that applies this Law as a law of that jurisdiction.
[Editorial
note: This Law commenced in WA on 1 May 2026 (see Education and Care Services National Law Application Act 2024 (WA) (see WA Act No. 2 of 2026 s. 2(1)(d)).]
The safety, rights and best interests of children is the paramount consideration in the operation of an education and care service and the delivery of education and care services to children (the paramount consideration).
The following persons must have regard to and apply the paramount consideration when making any decision or taking any action in relation to the operation of an education and care service or the delivery of education and care services to children—
an approved provider of an education and care service;
a person with management or control of an education and care service
a person in day-to-day charge of an education and care service;
a nominated supervisor of an education and care service;
a staff member of an education and care service;
a volunteer at an education and care service.
For the purposes of this section —
in the case of an approved provider that is a body corporate, the constitution or rules of the body corporate is taken to include a provision requiring the body corporate to have regard to and apply the paramount consideration; and
in the case of an approved provider that is an eligible association, the constitution or rules of the eligible association is taken to include a provision requiring the eligible association to have regard to and apply the paramount consideration; and
in the case of an approved provider that is a partnership, the partnership agreement is taken to include a provision requiring the partnership to have regard to and apply the paramount consideration.
Subsections (2)(a) and (b) and (3)(a) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of that Act.
Note
Section 5G of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.
[Section 2A inserted: No. 53 of 2025 (Vic) s. 61.]
The objective of this Law is to establish a national education and care services quality framework for the delivery of education and care services to children.
The objectives of the national education and care services quality framework are —
to ensure the safety, health and wellbeing of children attending education and care services;
to improve the educational and developmental outcomes for children attending education and care services;
to promote continuous improvement in the provision of quality education and care services;
to establish a system of national integration and shared responsibility between participating jurisdictions and the Commonwealth in the administration of the national education and care services quality framework;
to improve public knowledge, and access to information, about the quality of education and care services;
to reduce the regulatory and administrative burden for education and care services by enabling information to be shared between participating jurisdictions and the Commonwealth.
The guiding principles of the national education and care services quality framework are as follows —
the paramount consideration set out in section 2A(1);
that children are successful, competent and capable learners;
that the principles of equity, inclusion and diversity underlie this Law;
that Australia’s Aboriginal and Torres Strait Islander cultures are valued;
that the role of parents and families is respected and supported;
that best practice is expected in the provision of education and care services.
[Section 3 amended: No. 53 of 2025 (Vic) s. 62; modification: No. 2 of 2026 s. 34 deleted by No. 2 of 2026 s. 86.]
An entity that has functions under this Law is to exercise its functions having regard to the objectives and guiding principles of the national education and care services quality framework set out in section 3.
In this Law —
approval in principle means an approval in principle granted under section 110 for a proposed education and care service premises;
approval in principle criteria means, of the national regulations that regulate the education and care service premises, those which are prescribed to be the approval in principle criteria;
approval in principle holder means —
a person granted an approval in principle under section 110; or
if the approval in principle is transferred to another person under section 118 or 119, that person;
approved education and care service means an education and care service for which a service approval exists;
approved family day care service means an approved education and care service that is a family day care service;
approved family day care venue means a place (other than a residence) approved under section 50A or 54(8A) as a family day care venue for an approved family day care service;
approved learning framework means a learning framework approved by the Ministerial Council;
approved provider means a person who holds a provider approval;
associated children’s service means a children’s service that is operated or intended to be operated by an approved provider at the same place as an approved education and care service;
Australian Accounting Standards means the standards issued or pronounced by the Australian Accounting Standards Board;
authorised officer means a person authorised to be an authorised officer under Part 9;
Authority Fund means the Australian Children’s Education and Care Quality Authority Fund established under section 274;
Board means the Australian Children’s Education and Care Quality Authority Board established under this Law;
chief executive officer means the chief executive officer of the National Authority appointed under this Law;
children’s service means a service providing or intended to provide education and care on a regular basis to children under 13 years of age that is primarily regulated under a children’s services law of a participating jurisdiction and is not an education and care service;
children’s services law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a children’s services law for the purposes of this Law;
children’s services regulator, in relation to a participating jurisdiction, means a person declared by a law of that jurisdiction to be the children’s services regulator for the purposes of this Law;
Commonwealth Minister means the Minister of the Commonwealth who is responsible for policies and programs relating to education and care services;
community kindergarten means a kindergarten registered under the School Education Act 1999 Part 5;
compliance direction means a compliance direction under section 176;
compliance notice means a compliance notice under section 177;
disciplinary action means disciplinary action under Part 7 Division 3A;
educational program means an educational programme as defined in the School Education Act 1999 section 4;
education and care related work means work in or as part of an education and care service involving the provision of education and care;
education and care service means any service providing or intended to provide education and care on a regular basis to children under 13 years of age other than —
a school providing an educational program to school children in accordance with the School Education Act 1999; or
a community kindergarten providing an educational program to children in accordance with the School Education Act 1999; or
a personal arrangement; or
a service principally conducted to provide instruction in a particular activity; or
Example
Instruction in a particular activity could be instruction in sport, dance, music, culture or language or religious instruction.
a service providing education and care to patients in a hospital or patients of a medical or therapeutic care service; or
care provided under a child protection law of a participating jurisdiction; or
a prescribed class of disability service; or
a service of a prescribed class;
Example
Education and care services to which this Law applies include long day care services, family day care services and outside school hours services, unless expressly excluded.
education and care service premises means —
in relation to an education and care service other than a family day care service, each place at which an education and care service operates or is to operate; or
in relation to a family day care service —
an office of the family day care service; or
an approved family day care venue; or
each part of a residence used to provide education and care to children as part of a family day care service or used to provide access to the part of the residence used to provide that education and care;
education law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be an education law for the purposes of this Law;
educator means an individual who provides education and care for children as part of an education and care service;
eligible association means an association of a prescribed class;
excursion means an outing organised by an education and care service to and from a destination outside of the education and care service premises, but does not include an outing organised by an education and care service provided at a school if—
the children taking part in the excursion leave the education and care service premises in the company of an educator; and
the children do not leave the school;
executor, in relation to an approved provider, includes a person —
entitled to a grant of letters of administration in relation to the estate of the approved provider, including with the will annexed; or
granted letters of administration in relation to the estate of the approved provider, including with the will annexed; or
granted probate of the will of the approved provider; or
named as executor in a valid will of the approved provider;
family day care co-ordinator means a person employed or engaged by an approved provider of a family day care service to monitor and support the family day care educators who are part of the service;
family day care educator means an educator engaged by or registered with a family day care service to provide education and care for children in a residence or at an approved family day care venue;
family day care educator assistant means a person engaged by or registered with a family day care service to assist family day care educators;
family day care residence means a residence at which a family day care educator educates and cares for children as part of a family day care service;
family day care service means an education and care service that —
is delivered through the use of 2 or more educators to provide education and care to children; and
operates from 2 or more residences;
Note
A family day care service that is an approved family day care service may provide education and care to children from a family day care residence or an approved family day care venue.
family member, in relation to a child, means —
a parent, grandparent, brother, sister, uncle, aunt, or cousin of the child, whether of the whole blood or half-blood and whether that relationship arises by marriage (including a de facto relationship) or by adoption or otherwise; or
a relative of the child according to Aboriginal or Torres Strait Islander tradition; or
a person with whom the child resides in a family-like relationship; or
a person who is recognised in the child’s community as having a familial role in respect of the child;
former education and care services law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be a former education and care services law for the purposes of this Law;
former provider means a person who held a provider approval that is surrendered, suspended or cancelled under this Law;
grade 1, in relation to a school, means the first year of compulsory full-time schooling;
guardian, in relation to a child, means the legal guardian of the child;
infringements law, in relation to a participating jurisdiction, means a law declared by a law of that jurisdiction to be an infringements law for the purposes of this Law;
mandatory approval in principle jurisdiction means a Part 4 jurisdiction in which section 49A of this Law applies;
Note
See section 49A.
Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters under this Law;
National Authority means the Australian Children’s Education and Care Quality Authority established under this Law;
National Early Childhood Worker Register means the register established under section 269B;
national education and care services quality framework means —
this Law; and
the national regulations; and
the National Quality Standard; and
the prescribed rating system;
National Partnership Agreement means the National Partnership Agreement on the National Quality Agenda for Early Childhood and Care entered into by the States and Territories and the Commonwealth on 7 December 2009, as amended from time to time;
National Quality Framework means the national education and care services quality framework;
National Quality Standard means the National Quality Standard prescribed by the national regulations;
national regulations means the regulations made under this Law;
nominated supervisor, in relation to an education and care service, means an individual who —
is nominated by the approved provider of the service under Part 3 to be a nominated supervisor of that service; and
unless the individual is the approved provider, has provided written consent to that nomination;
Note
An individual may be both a nominated supervisor of a family day care service and a family day care co‑ordinator for that service if the individual meets the criteria for each role.
office, in relation to a family day care service, means —
the principal office of the service; or
the principal office of the approved provider of the service; or
any other business office of the approved provider of the service; or
any premises of the service from which the service’s family day care educators are co-ordinated;
parent, in relation to a child, means a person who at law has responsibility for —
the long‑term care, welfare and development of the child; or
the day‑to‑day care, welfare and development of the child;
For the purposes of this Law, each of the following persons is a person with management or control of an education and care service —
if the provider or intended provider of the service is a body corporate —
an officer (within the meaning of the Corporations Act 2001 of the Commonwealth) of the body corporate who has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service; and
any other person who —
is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or
has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;
if the provider or intended provider of the service is an eligible association —
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 education and care service; and
any other person who —
is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or
has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;
if the provider or intended provider of the service is a partnership —
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 education and care service; and
any other person who —
is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or
has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service;
in any other case, any person who —
is a member of the group of persons responsible for the executive decisions made in relation to the education and care service; or
has authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service.
In this Law, a related provider means a person who is—
a related provider within the meaning of section 4A(3) of the A New Tax System (Family Assistance) (Administration) Act 1999 of the Commonwealth; or
an approved provider who is determined to be related to another approved provider or an applicant for a provider approval under a related provider determination; or
a former provider who is determined to be related to an approved provider or an applicant for a provider approval under a related provider determination.
[Section 5B inserted: No. 53 of 2025 (Vic) s. 64.]
The Regulatory Authority may determine that—
one or more approved providers or former providers are related to an applicant for a provider approval; or
one or more approved providers or former providers are related to each other.
The Regulatory Authority must not make a related provider determination under this section unless it is satisfied that the prescribed circumstances apply.
A related provider determination must—
set out the reasons for the determination; and
be given in accordance with the national regulations to—
in the case of a determination under subsection (1)(a), the applicant for the provider approval and each approved provider or former provider who is determined to be related to the applicant; or
in the case of a determination under subsection (1)(b), each approved provider or former provider who is determined to be related to each other.
The Regulatory Authority may revoke a related provider determination if it is satisfied that the circumstances prescribed for the purposes of subsection (2) no longer apply.
[Section 5C inserted: No. 53 of 2025 (Vic) s. 64.]
In this Law, a systemic risk arises in relation to—
an applicant for a provider approval if the provider approval is granted and there is—
a risk to the safety, health or wellbeing of a child or children to be educated and cared for by an education and care service proposed to be operated by the applicant; or
a risk of the applicant contravening this Law or the national regulations; or
an approved provider if there is—
a risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the approved provider; or
a risk of the approved provider contravening this Law or the national regulations; or
a related provider of an applicant for a provider approval or a related provider of an approved provider if there is—
a risk to the safety, health or wellbeing of a child or children being educated and cared for by an education and care service operated by the related provider; or
a risk of the related provider contravening this Law or the national regulations.
In determining whether there is a systemic risk, the Regulatory Authority may have regard to the following—
the nature of the risk;
whether the risk is connected to, or is a result of, the governance, ownership or operation of an approved provider or one or more related providers of the approved provider;
whether the risk is shared between an approved provider and any related provider of the approved provider;
how the risk affects an approved provider and any related provider of the approved provider;
any other matter the Regulatory Authority considers relevant.
[Section 5D inserted: No. 53 of 2025 (Vic) s. 64.]
Schedule 1 applies in relation to this Law.
The National Partnership Agreement is declared to be a relevant document for the purposes of paragraph (h) of the definition of extrinsic material in clause 8(1) of Schedule 1.
It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of other participating jurisdictions, has the effect that an entity established by this Law is one single national entity, with functions conferred by this Law as so applied.
An entity established by this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.
An entity established by this Law may exercise its functions in relation to —
one participating jurisdiction; or
2 or more or all participating jurisdictions collectively.
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