Education and Care Services National Law Application (Local Regulations) Regulations 2026

A service approval for a family day care service is granted subject to the condition that the approved provider of the service must ensure that there is no swimming pool or outdoor spa at a family day care residence or approved family day care venue of the service unless —

the swimming pool or outdoor spa existed at the residence or venue before 1 September 2022 (whether or not the residence or venue was a residence or venue of the service at that time); and

each educator who provides education and care to children at the residence or venue was engaged by or registered with the service —

before 1 September 2022; or

on or after 1 September 2022 with the approval of the Regulatory Authority under subregulation (3).

A service approval for a family day care service is granted subject to the condition that the approved provider of the service must not, without the approval of the Regulatory Authority under subregulation (3), engage or register a family day care educator to provide education and care to children at a family day care residence or approved family day care venue with a swimming pool or outdoor spa.

The Regulatory Authority may give written approval for the approved provider of a family day care service to engage or register a family day care educator to provide education and care to children at a family day care residence or approved family day care venue with a swimming pool or outdoor spa if —

the swimming pool or outdoor spa existed at the residence or venue before 1 September 2022; and

the educator was, before 1 September 2022, engaged by or registered with another family day care service to provide education and care to children at the residence or venue; and

the Regulatory Authority considers exceptional circumstances exist justifying the approval.