Educators Guide To Chapter 4 Operational Requirements Of The Education and Care Services National Regulations and Law

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

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

About The National Law

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

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

Guide To Understanding Education and Care Services National Regulations

The National Regulations are split into 7 Chapters. Each chapter has a Part and a Division. Here is where you can find all the operational requirements and penalties if specific requirements are not followed. 

• Chapter 1 - Preliminary - This Chapter sets out the title to these Regulations, the provisions of the Education and Care Services National Law that authorise these Regulations and the commencement date for these Regulations.
• Chapter 2 - Approvals and Certificates - This Chapter sets out requirements for obtaining provider approvals and service approvals. 
• Chapter 3 - Assessments and Ratings - This Chapter outlines the assessment and ratings process for an education and care service and applies to all education and care services.
• Chapter 4 - Operational Requirements - This Chapter contains requirements for operating an education and care service. This Chapter is relevant for all services and is aligned with the National Quality Standard.
• Chapter 5 - Review, Enforcement and Compliance - This Chapter contains provisions relating to review, enforcement and compliance.
• Chapter 6 - Administrators - This Chapter contains provisions relating to administrative matters and applies about all education and care services.
• Chapter 7 - Jurisdiction-specific and Transitional and Saving Provisions - This Chapter contains transitional and saving provisions. 

Guide To Chapter 4 Operational Requirements

This Chapter is important for all Educators to familiarise themselves with. It contains the Regulations and Laws for the educational program, children's health and safety including sleep and rest times, policies, the physical environment, staffing requirements, relationships with families and children and management and leadership. 

Here are the National Regulations from Chapter 4: 

Part 4.1 Educational Program and Practice

Sets out requirements for an educational program and practice for a service. The regulations in this Part are relevant to quality area 1 of the National Standard.

Regulation 73 Educational program

• This Part applies in relation to the program (the educational program) that is required to be delivered under section 168 of the Law to a child being educated and cared for by an education and care service.
• An educational program is to contribute to the EYLF/MTOP Learning Outcomes for each child.

As per 168 National Law       

• The approved provider of an education and care service must ensure that a program is delivered to all children being educated and cared for by the service that— (a) is based on an approved learning framework; and (b) is delivered in a manner that accords with the approved learning framework; and is delivered in a manner that accords with the approved learning framework; and (c) is based on the developmental needs, interests and experiences of each child; and (d) is designed to take into account the individual differences of each child.

Penalty: $4500, in the case of an individual.  $22 900, in any other case.                                                                                                            

74 Documenting of child assessments or evaluations for delivery of educational program

• The approved provider of the education and care service must ensure that the following are documented for each child: child’s developmental needs, interests, experiences and participation in the educational program, assessments of the child’s progress against the outcomes of the educational program; for a child over preschool age, evaluations of the child’s wellbeing, development and learning

A compliance direction may be issued for failure to comply.

75 Information about educational programs to be kept available    

• The approved provider of an education and care service must ensure that information about the contents and operation of the educational program for the service is displayed at the education and care service premises at a place accessible to parents of children being educated and cared for by the service.

A compliance direction may be issued for failure to comply.

76 Information about educational program to be given to parents

• The approved provider of an education and care service must ensure that a parent of a child being educated and cared for by the service is provided with the following information on request: information about the content and operation of the educational program so far as it relates to that child, information about the child’s participation in the program, information about the child’s participation in the program, copy of the documents kept under regulation 74 in respect of the child.

A compliance direction may be issued for failure to comply.

Part 4.2 Children’s Health and Safety  

sets out requirements for services relating to children’s health and safety. The regulations in this Part are relevant to quality area 2 of the National Standard.

Division 1 - sets out requirements to be put in place for the health, safety and wellbeing of children.

77 Health, hygiene and safe food practices

• The approved provider of an education and care service must ensure that nominated supervisors and staff members of, and volunteers at, the service implement: adequate health and hygiene practices; safe practices for handling, preparing and storing food.

As per the National Regulation, the penalty for failure to comply is: $2,200                                                                                                    

78 Food and beverages              

• The approved provider of an education and care service must ensure that children being educated and cared for by the service have access to safe drinking water at all times and are offered food and beverages appropriate to the needs of each child on a regular basis throughout the day.

As per the National Regulation, the penalty for failure to comply is: $2,200

79 Service providing food and beverages         

• The approved provider of an education and care service that provides food or a beverage to children being educated and cared for by the service must ensure that the food or beverage provided is nutritious and adequate in quantity, the food or beverage provided is chosen having regard to the dietary requirements of individual children taking into account, each child’s growth and development needs; and any specific cultural, religious or health requirements.

As per the National Regulation, the penalty for failure to comply is: $2,200

80 Weekly menu

• The approved provider of an education and care service that provides food and beverages (other than water) to children being educated and cared for by the service must ensure that a weekly menu is displayed at a place at the education and care service premises accessible to parents of children being educated and cared for by the service accurately and describes the food and beverages to be provided by the service each day.

As per the National Regulation, the penalty for failure to comply is: $1,100

82 Tobacco, drug and alcohol-free environment                     

• The approved provider of an education and care service must ensure that children being educated and cared for by the service are provided with an environment that is free from the use of tobacco, illicit drugs and alcohol.

As per the National Regulation, the penalty for failure to comply is: $2,200

83 Staff members and family day care educators not to be affected by alcohol or drugs

• The approved provider of an education and care service must ensure that a nominated supervisor or a staff member of, or volunteer at, the service is not affected by alcohol or drugs (including prescription medication) so as to impair the person’s capacity to supervise or provide education and care to children being educated and cared for by the service.

As per the National Regulation, the penalty for failure to comply is: $2,200

84 Awareness of child protection law      

• The approved provider of an education and care service must ensure that a person specified in sub regulation (2) who works with children is advised of the existence and application of the current child protection law; and (b) any obligations that the person may have under that law.

As per the National Regulation, the penalty for failure to comply is: $1,100

Division 1A - Sets out requirements relating to the sleep and rest of children

84A Sleep and rest

• The approved provider of an education and care service must take reasonable steps to ensure that the needs for sleep and rest of children being educated and cared for by the service are met, having regard to the ages, developmental stages and individual needs of the children.

As per the National Regulation, the penalty for failure to comply is: $1,100

84B Sleep and rest policies and procedures

• The sleep and rest policies and procedures required under regulation 168(2)(a)(v) must address— (a) how children will be protected from any risks identified in a risk assessment conducted under regulation 84C; and how the sleep and rest needs of children being educated and cared for by the service are met, including how the ages, developmental stages and the sleep and rest needs of individual children are considered; and supervision and monitoring during sleep and rest periods, including— (i) the method and frequency of checking the safety, health and wellbeing of children during sleep and rest periods; and (ii) the documentation of sleep and rest periods;

84C Risk assessment for purposes of sleep and rest policies and procedures                                                                                    

• The approved provider of an education and care service must ensure that a sleep and rest risk assessment is conducted in accordance with this regulation— (a) at least once every 12 months; and (b) as soon as practicable after becoming aware of any circumstance that may affect the safety, health or wellbeing of children during sleep and rest.

As per the National Regulation, the penalty for failure to comply is: $2,200

84D Prohibition of bassinets

• The approved provider of an education and care service must ensure that a bassinet is not on the education and care service premises at any time during which children are being educated and cared for by the service.

Division 2 - sets out the requirements for policies and procedures relating to incidents, injuries, trauma and illness

85 Incident, injury, trauma and illness policies and procedures

• The incident, injury, trauma and illness policies and procedures of an education and care service required under regulation 168 must include procedures to be followed by nominated supervisors and staff members of, and volunteers at, the service in the event that a child— (a) is injured; or (b) becomes ill; or (c) suffers a trauma.

86 Notification to parents of incident, injury, trauma and illness   

• The approved provider of an education and care service must ensure that a parent of a child being educated and cared for by the service is notified as soon as practicable, but not later than 24 hours after the occurrence, if the child is involved in any incident, injury, trauma or illness while the child is being educated and cared for by the education and care service.

As per the National Regulation, the penalty for failure to comply is: $2,200

87 Incident, injury, trauma and illness record              

• The approved provider of an education and care service must ensure that an incident, injury, trauma and illness record is kept in accordance with this regulation.
• details of any illness which becomes apparent while the child is being educated and cared for by the education and care service or the family day care educator
• details of the action taken by the education and care service or family day care educator in relation to any incident, injury, trauma or illness which a child has suffered while being educated and cared for by the education and care service or family day care educator.
• The information referred to in sub regulation (3) must be included in the incident, injury, trauma and illness record as soon as practicable, but not later than 24 hours after the incident, injury or trauma, or the onset of the illness.

88 Infectious diseases           

• If there is an occurrence of an infectious disease at an education and care service, the approved provider of the service must ensure that reasonable steps are taken to prevent the spread of the infectious disease at the service.
• The approved provider of the service must ensure that a parent or an authorised emergency contact of each child being educated and cared for by the service is notified of the occurrence as soon as practicable.

As per the National Regulation, the penalty for failure to comply is: $2,200

89 First aid kits

• The approved provider of an education and care service must ensure that first aid kits are kept in accordance with this sub regulation, wherever the service is providing education and care to children.
• An appropriate number of first aid kits must be kept having regard to the number of children being educated and cared for by the service, the first aid kits must be suitably equipped; the first aid kits must be easily recognisable and readily accessible to adults, having regard to the design of the education and care service premises.

As per the National Regulation, the penalty for failure to comply is: $2,200

Division 3 - sets out requirements for a medical conditions policy and medication procedures.

90 Medical conditions policy

• The medical conditions policy of the education and care service must set out practices in relation to the following— (a) the management of medical conditions, including asthma, diabetes or a diagnosis that a child is at risk of anaphylaxis.
• requiring the medical management plan to be followed in the event of an incident relating to the child’s specific health care need, allergy or relevant medical condition
• requiring the medical management plan to be followed in the event of an incident relating to the child’s specific health care need, allergy or relevant medical condition;
• The medical conditions policy of the education and care service must set out practices in relation to self-administration of medication by children over preschool age if the service permits that self-administration.

91 Medical conditions policy to be provided to parents

• The approved provider of an education and care service must ensure that a copy of the medical conditions policy document is provided to the parent of a child enrolled at an education and care service if the provider is aware that the child has a specific health care need, allergy or other relevant medical condition.

A compliance direction may be issued for failure to comply.

Division 4 - sets out matters relating to the administration of medication.

92 Medication record

• The approved provider of an education and care service must ensure that a medication record is kept that includes the details set out in regulation (3) for each child to whom medication is or is to be administered by the service.

93 Administration of medication

• The approved provider of an education and care service must ensure that medication is not administered to a child being educated and cared for by the service unless— (a) that administration is authorised; and (b) the medication is administered in accordance with regulation 95 or 96.

As per the National Regulation, the penalty for failure to comply is: $2,200

94 Exception to authorisation requirement—anaphylaxis or asthma emergency

• Despite regulation 93, medication may be administered to a child without an authorisation in case of an anaphylaxis or asthma emergency

95 Procedure for the administration of medication

• Subject to regulation 96, if medication is administered to a child being educated and cared for by an education and care service— (a) the medication must be administered if the medication has been prescribed by a registered medical practitioner, from its original container, bearing the original label with the name of the child to whom the medication is to be administered, and before the expiry or use by date; or (ii) from its original container, bearing the original label and instructions and before the expiry or use by date; and (b) the medication must be administered in accordance with any instructions.

96 Self-administration of medication

• The approved provider of an education and care service may permit a child over preschool age to self-administer medication if— (a) an authorisation for the child to self-administer medication is recorded in the medication record for the child under regulation 92; and (b) the medical conditions policy of the service includes practices for self-administration of medication.

Division 5 - sets out matters relating to emergencies and communication.

 97 Emergency and evacuation procedures

• The emergency and evacuation procedures required under regulation 168 must set out— (a) instructions for what must be done in the event of an emergency; and (b) an emergency and evacuation floor plan.
• For the purposes of preparing the emergency and evacuation procedures, the approved provider of an education and care service must ensure that a risk assessment is conducted to identify potential emergencies that are relevant to the service.
• The approved provider of a centre-based service must review the risk assessment conducted under subregulation (2)— (a) at least once every 12 months; and (b) as soon as practicable after becoming aware of any circumstance that may affect the safe evacuation of children from the service.
• In the case of a centre-based service, the emergency and evacuation procedures are rehearsed every 3 months by the staff members, volunteers and children present at the service on the day of the rehearsal and the responsible person in relation to the service who is present at the time of the rehearsal.

As per the National Regulation, the penalty for failure to comply is: $2,200

98 Telephone or other communication equipment      

• The approved provider of an education and care service must ensure that, when educating or caring for children as part of the service, nominated supervisors and staff members of the service have ready access to an operating telephone or other similar means of communication to enable immediate communication to and from parents and Education and Care Services National Regulations (2011 SI 653) [NSW] Current version for 1 October 2023 to date (accessed 13 January 2024 at 18:52) Page 88 of 263 emergency services.

A compliance direction may be issued for failure to comply.

Division 6 - sets out matters relating to emergencies and communication.

99 Children leaving the education and care service premises

• The approved provider of an education and care service must ensure that a child who is being educated and cared for by the education and care service does not leave the education and care service premises except in accordance with sub regulation (4).

As per the National Regulation, the penalty for failure to comply is: $2,200

100 Risk assessment must be conducted before an excursion       

• The approved provider of an education and care service must ensure a risk assessment is carried out in accordance with regulation 101 before an authorization referred to in regulation 102(4) is sought for an excursion.

As per the National Regulation, the penalty for failure to comply is: $2,200

101 Conduct of risk assessment for an excursion

• A risk assessment for an excursion must— (a) identify and assess risks that the excursion may pose to the safety, health or wellbeing of any child being taken on the excursion; (b) specify how the identified risks will be managed and minimized.

102 Authorization for excursions                 

• The approved provider of an education and care service must ensure that a child being educated and cared for by the service is not taken outside the education and care service premises on an excursion unless written authorization has been provided under sub regulation (4).

As per the National Regulation, the penalty for failure to comply is: $1,100

Division 6A — safe arrival of children.

102AAB Safe arrival of children policies and procedures

• The safe arrival of children policies and procedures required under regulation 168( b) must set out the procedures to be followed by an education and care service to ensure the safe arrival of children who travel between an education and care service and any other education or early childhood service.

102AAC Risk assessment for the purposes of safe arrival of children policies and procedures

• For the purposes of preparing the safe arrival of children policies and procedures under regulation 102AAB (1), the approved provider of an education and care service must ensure that a risk assessment is conducted in accordance with this regulation.

As per the National Regulation, the penalty for failure to comply is: $2,200

Division 7 Transportation of children other than as part of an excursion

102B Transport risk assessment must be conducted before service transports child

• The approved provider of an education and care service must ensure a risk assessment is carried out in accordance with regulation 102C before an authorization referred to in regulation 102D(4) is sought to transport a child. Penalty: $2200

As per the National Regulation, the penalty for failure to comply is: $2,200

102C Conduct of risk assessment for transporting of children by the education and care service

• A risk assessment for the transportation of a child by or arranged by the education and care service must— (a) identify and assess risks that transporting the child may pose to the safety, health or wellbeing of the child; and (b) specify how the identified risks will be managed and minimised

102D Authorization for service to transport children

• The approved provider of an education and care service must ensure that a child being educated and cared for by the service is not transported by the service or on transportation arranged by the service unless written authorisation has been given under subregulation (4).

As per the National Regulation, the penalty for failure to comply is: $1,100

102E Children embarking a means of transport—centre-based service

• This regulation applies in relation to the regular transportation of children by or arranged by a centre-based service. (2) The approved provider of the service must ensure the requirements under subregulation (4) are complied with in relation to children embarking a means of transport at the education and care service premises.

As per the National Regulation, the penalty for failure to comply is: $2,200

102F Children disembarking a means of transport—centre-based service

• This regulation applies in relation to the regular transportation of children by or arranged by a centre-based service. The approved provider of the service must ensure the requirements under subregulation (4) are complied with in relation to children disembarking a means of transport at the education and care service premises.

As per the National Regulation, the penalty for failure to comply is: $2,200                                                                                                    

Part 4.3 Physical Environment

Sets out the physical environment requirements for services. These requirements may differ depending on whether the service is a centre-based service or a family day care service. The regulations in this Part are relevant to quality area 3 of the National Standard.

Division 1 - sets out the requirements for premises for both centre-based services and family day care services.

103 Premises, furniture and equipment to be safe, clean and in good repair                                       

• The approved provider of an education and care service must ensure that the education and care service premises and all equipment and furniture used in providing.

A compliance direction may be issued for failure to comply.

104 Fencing

• The approved provider of an education and care service must ensure that any outdoor space used by children at the education and care service premises is enclosed by a fence or barrier that is of a height and design that children preschool age or under cannot go through, over or under it.

As per the National Regulation, the penalty for failure to comply is: $2,200                                                                                                    

105 Furniture, materials and equipment       

• The approved provider of an education and care service must ensure that each child being educated and cared for by the education and care service has access to sufficient furniture, materials and developmentally appropriate equipment suitable for the education and care of that child.

A compliance direction may be issued for failure to comply.

106 Laundry and hygiene facilities

The approved provider of an education and care service must ensure that the service has— (a) laundry facilities or access to laundry facilities; or (b) other arrangements for dealing with soiled clothing, nappies and linen, including hygienic facilities for storage prior to their disposal or laundering.

A compliance direction may be issued for failure to comply.

107 Space requirements—indoor space             

• This regulation does not apply in respect of a family day care residence. (2) The approved provider of an education and care service must ensure that, for each child being educated and cared for by the service, the education and care service premises has at least 3.25 square metres of unencumbered indoor space.

As per the National Regulation, the penalty for failure to comply is: $2,200                                                                                                    

108 Space requirements—outdoor space

• This regulation does not apply in respect of a family day care residence. (2) The approved provider of an education and care service must ensure that, for each child being educated and cared for by the service, the education and care service premises has at least 7 square metres of unencumbered outdoor space.

As per the National Regulation, the penalty for failure to comply is: $2,200

109 Toilet and hygiene facilities

• The approved provider of an education and care service must ensure that— (a) adequate, developmentally and age-appropriate toilet, washing and drying facilities are provided for use by children being educated and cared for by the service; and (b) the location and design of the toilet, washing and drying facilities enable safe use and convenient access by the children.

110 Ventilation and natural light

• The approved provider of an education and care service must ensure that the indoor spaces used by children at the education and care service premises— (a) are well ventilated; and (b) have adequate natural light; and (c) are maintained at a temperature that ensures the safety and wellbeing of children.

As per the National Regulation, the penalty for failure to comply is: $2,200

Division 2- sets out the additional requirements for centre-based services. 

111 Administrative space

• The approved provider of a centre-based service must ensure that an adequate area or areas are available at the education and care service premises for the purposes of— (a) conducting the administrative functions of the service; and (b) consulting with parents of children; and (c) conducting private conversations.

A compliance direction may be issued for failure to comply.

112 Nappy change facilities

• This regulation applies if a centre-based service educates and cares for children who wear nappies. (2) The approved provider of the service must ensure that adequate and appropriate hygienic facilities are provided for nappy changing.

As per the National Regulation, the penalty for failure to comply is: $2,200

113 Outdoor space—natural environment

• The approved provider of a centre-based service must ensure that the outdoor spaces provided at the education and care service premises allow children to explore and experience the natural environment.

A compliance direction may be issued for failure to comply.

114 Outdoor space—shade

• The approved provider of a centre-based service must ensure that outdoor spaces provided at the education and care service premises include adequate shaded areas to protect children from overexposure to ultraviolet radiation from the sun.

As per the National Regulation, the penalty for failure to comply is: $1,100

115 Premises designed to facilitate supervision

• The approved provider of a centre-based service must ensure that the education and care service premises (including toilets and nappy change facilities) are designed and maintained in a way that facilitates supervision of children at all times that they are being educated and cared for by the service, having regard to the need to maintain the rights and dignity of the children.

A compliance direction may be issued for failure to comply.

Part 4.3A Minimum requirements for persons in day-to-day charge and nominated supervisors

sets out the minimum requirements for persons in day-to-day charge and nominated supervisor.

117A Placing a person in day-to-day charge

• For the purposes of the definition of a person in day-to-day charge in section 5(1) of the Law, a person is in day-to-day charge of an education and care service if— (a) the person is placed in day-to-day charge by the approved provider or a nominated supervisor of the education and care service; and (b) the person consents to the placement in writing

117B Minimum requirements for a person in day-to-day charge

• An approved provider or a nominated supervisor of an education and care service must not place a person in day-to-day charge unless— (a) the person has attained the age of 18 years; and has taken reasonable steps to ensure that the person has adequate knowledge and understanding of the provision of education and care to children and an ability to effectively supervise and manage an education and care service.

117C Minimum requirements for a nominated supervisor

• For the purposes of section 161A of the Law, the prescribed minimum requirements for nomination of a person as a nominated supervisor of an education and care service are that the person must have the ability to effectively supervise and manage an education and care service.

Part 4.4 Staffing Arrangements 

Sets out staffing requirements for education and care services, including minimum numbers of educators, qualification requirements, requirements for early childhood teachers and family day care educator assistants and staff and educator records and registers. The regulations in this Part are relevant to quality area 4 of the National Standard

Division 1 Educational leader

 118 Educational leader

• The approved provider of an education and care service must designate, in writing, a suitably qualified and experienced educator, co-ordinator or other individual as an educational leader at the service to lead the development and implementation of educational programs in the service.

A compliance direction may be issued for failure to comply.

120 Educators who are under 18 to be supervised

• The approved provider of a centre-based service must ensure that any educator at the service who is under 18 years of age— (a) does not work alone at the service; and (b) is adequately supervised at all times by an educator who has attained the age of 18 years.

As per the National Regulation, the penalty for failure to comply is: $1,100                                           

Division 3 Minimum number of educators and family day care coordinators required

Application of Division 3

122 Educators must be working directly with children to be included in ratios

• An educator cannot be included in calculating the educator-to-child ratio of a centre-based service unless the educator is working directly with children at the service.
• In this regulation, a reference to an educator includes an early childhood teacher or a suitably qualified person who is counted as an educator under regulation 123.

123 Educator-to-child ratios—centre-based services

• The minimum number of educators required to educate and care for children at a centre-based service is to be calculated following the following ratios— (a) for children from birth to 24 months of age—1 educator to 4 children; (b) for children over 24 months and less than 36 months of age—1 educator to 5 children; (c) for children aged 36 months of age or over (not including children over preschool age)—1 educator to 11 children; (d) for children over preschool age, 1 educator to 15 children.

As per 169 National Law

• (1) An approved provider of an education and care service must ensure that, whenever children are being educated and cared for by the service, the relevant number of educators educating and caring for the children is no less than the number prescribed for this purpose.

Penalty: $11 400, in the case of an individual. $57 400, in any other case                                                                                                      

Division 4 Educational qualifications for educators.

125 Application of Division 4

• This Division prescribes the educational qualifications required for— (a) educators educating and caring for children at education and care services for section 169(2) and (4) of the Law;

126 Centre-based services—general educator qualifications       

• The qualification requirements for educators at a centre-based service educating and caring for children preschool age or under are as follows— (a) at least 50 per cent of the educators who are required to meet the relevant educator to child ratios for the service must hold, or be actively working towards, at least an approved diploma level education and care qualification; and (b) all other educators who are required to meet the relevant educator to child ratios for the service must hold, or be actively working towards, at least an approved certificate III level education and care qualification.

As per 169 of the National Law    

• An approved provider of an education and care service must ensure that each educator educating and caring for children for the service meets the qualification requirements relevant to the educator's role as prescribed by the national regulations.

Penalty: $11 400, in the case of an individual. $57 400, in any other case.

126A Illness or absence of a qualified educator who is required to meet the relevant educator to child ratio

• This regulation applies if an educator referred to in regulation 126(1)(a) or (b) is absent from a centre-based service in any of the following circumstances— (a) short-term illness; (b) the educator’s resignation; (c) a practicum placement required to be undertaken by the educator for an approved education and care qualification;
• During the educator’s absence, for the purposes of regulation 126(1)(a) or (b), a person who holds a qualification in primary teaching may be taken to hold an approved diploma level education and care qualification or an approved certificate III level education and care qualification (as the case requires)

Division 5 Requirements for educators who are early childhood teachers.

129 Application of Division 5

• This Division prescribes requirements for access to or attendance of educators who are early childhood teachers at a centre-based service for the purposes of section 169 of the Law
• This Division does not apply to a centre-based service if the main purpose of that service is to provide education and care to children over preschool age.
• In this Division a reference to a number of children being educated or cared for by a centre-based service does not include a child being educated or cared for in an emergency in the circumstances set out in regulation 123(5).

130 Requirement for early childhood teacher—centre-based services—fewer than 25 approved places

• If the approved number of places for children preschool age or under at a Centre based service is fewer than 25, the service must have access to an early childhood teacher working with the service for at least 20 per cent of the time that the service provides education and care.

131 Requirement for early childhood teacher—centre-based services—25 or more approved places but fewer than 25 children

• This regulation applies if the approved number of places for children preschool age or Education and Care Services National Regulations (2011 SI 653) [NSW] Current version for 1 October 2023 to date (accessed 13 January 2024 at 18:52) Page 117 of 263 under at a centre-based service is 25 or more but the service is educating or caring for fewer than 25 children.
• The service must comply with regulation 130 during any period that it educates and cares for fewer than 25 children.

132 Requirement for early childhood teacher—centre-based services—25 to 59 children           

• If a centre-based service provides education and care to 25 or more but less than 60 children preschool age or under on a given day, an early childhood teacher must be in attendance at the service— (a) for at least 6 hours on that day, if the service operates for 50 or more hours a week; or (b) for 60 per cent of the operating hours of the service on that day, if the service operates for less than 50 hours a week

133 Requirement for early childhood teacher—centre-based services—60 to 80 children

• If a centre-based service provides education and care to 60 or more but not more than 80 children preschool age or under on a given day— (a) an early childhood teacher must be in attendance at the service— (i) for at least 6 hours on that day, if the service operates for 50 or more hours a week; or (ii) for 60 per cent of the operating hours of the service on that day, if the service operates for less than 50 hours a week;

134 Requirement for early childhood teacher—centre-based services—more than 80 children

• If a centre-based service provides education and care to more than 80 children preschool age or under on a given day— (a) an early childhood teacher must be in attendance at the service— (i) for at least 6 hours on that day, if the service operates for 50 or more hours a week; or (ii) for 60 per cent of the operating hours of the service on that day, if the service operates for less than 50 hours a week;

135 Illness or absence of early childhood teacher or suitably qualified person                              

• If an early childhood teacher who is required under regulation 132(1), 133(1)(a) or 134(1)(a) to be in attendance at a centre-based service is absent from the centrebased service because of a circumstance specified in subregulation (6), the following persons may be taken to be an early childhood teacher during that absence— (a) in any case— (i) a person who holds an approved diploma level education and care qualification; or (ii) a person who holds a qualification in primary teaching; and (b) in the case of an early childhood teacher who is required to be in attendance under regulation 133(1)(a) or 134(1)(a), a suitably qualified person.

Division 6 First aid qualifications

136 First aid qualifications

• The approved provider of a centre-based service must ensure that each of the following persons are in attendance at any place where children are being educated and cared for by the service, and immediately available in an emergency, at all times that children are being educated and cared for by the service
• at least one staff member or one nominated supervisor of the service who holds a current approved first aid qualification;
• at least one staff member or one nominated supervisor of the service who has undertaken current approved anaphylaxis management training;
• at least one staff member or one nominated supervisor of the service who has undertaken current approved emergency asthma management training

As per the National Regulation, the penalty for failure to comply is: $2,200                                           

Division 7 Approval and determination of qualifications

137 Approval of qualifications                       

• The National Authority must publish on its website lists of qualifications it has approved for the purposes of the Law.

138 Application for qualification to be assessed for inclusion on the list of approved qualifications

• A person may apply to the National Authority to assess a qualification to approve that qualification under the Law.

139 Application for determination of equivalent qualification

• An application for a determination of an equivalent qualification under section 169(7) of the Law must— (a) include the information set out in regulations 140, 141(1), 142 and 143; and (b) be accompanied by the relevant fee calculated in accordance with Part 6.3.

Division 9 Staff and educator records—centre-based services

 145 Staff record

• The approved provider of a centre-based service must ensure that a staff record is kept for that service in accordance with this Division.

146 Nominated supervisor

• The staff record must include the following information in relation to each nominated supervisor

147 Staff members

• The staff record must include the following information in relation to staff members— (a) the full name, address and date of birth of the staff member; (b) evidence— (i) of any relevant qualifications held by the staff member; or (ii) if applicable, that the staff member is actively working towards that qualification as provided under regulation 10;

148 Educational leader

• The staff record must include the name of the person designated as the educational leader in accordance with regulation 118

149 Volunteers and students

• The staff record must include the following information in relation to each student or volunteer who participates in the centre-based service

150 Responsible person

• The staff record must include the name of the responsible person at the centre-based service for each time that children are being educated and cared for by the service.

151 Record of educators working directly with children

• The approved provider of a centre-based service must keep a record of educators working directly with children that includes the following information— (a) the name of each educator who works directly with children being educated and cared for by the service; (b) the hours that each educator works directly with children being educated and cared for by the service.

152 Record of access to early childhood teacher

• The approved provider of a centre-based service that provides education and care to fewer than 25 children preschool age or under must ensure that a record is kept of the following— (a) the period that an early childhood teacher is working with the service in accordance with regulation 130 or 131(2); and (b) the periods that the early childhood teacher is working directly with children and is not working directly with children

152A Record of replacement of educator

• The approved provider of a centre-based service must keep a record of an educator who is replaced in accordance with regulation 126A that includes the following information— (a) the full name of the educator; (b) the qualification that the educator who is replaced holds, or is actively working towards, for the purposes of regulation 126.

152B Record of replacement of early childhood teacher or suitably qualified person

• The approved provider of a centre-based service must keep a record of an early childhood teacher or a suitably qualified person who is replaced in accordance with regulation

As per 175 National Law

• An approved provider of an education and care service must keep the prescribed documents available for inspection by an authorized officer in accordance with this section.
• Documents referred to in subsection (1)— (a) must, to the extent practicable, be kept at the education and care service premises if they relate to— (i) the operation of the service; or (ii) any staff member employed or engaged by the service; or (iii) any child cared for, or educated at, those premises— in the previous 12 months; and (b) in any other case, must be kept at a place, and in a manner, that they are readily accessible by an authorized officer.

Penalty: $4500, in the case of an individual. $22 900, in any other case.

Part 4.5 Relationships with Children 

Sets out provisions relating to relationships between children and educators. The regulations in this Part are relevant to quality area 5 of the National Standard.

155 Interactions with children

• An approved provider must take reasonable steps to ensure that the education and care service provides education and care to children in a way that— (a) encourages the children to express themselves and their opinions; and (b) allows the children to undertake experiences that develop self-reliance and selfesteem; and (c) maintains at all times the dignity and rights of each child; and (d) gives each child positive guidance and encouragement toward acceptable behaviour; has regard to the family and cultural values, age, and physical and intellectual development and abilities of each child being educated and cared for by the service.

A compliance direction may be issued for failure to comply.

156 Relationships in groups

• The approved provider of an education and care service must take reasonable steps to ensure that the service provides children being educated and cared for by the service with opportunities to interact and develop respectful and positive relationships with each other and with staff members of, and volunteers at, the service.
• For the purposes of sub-regulation (1), the approved provider must have regard to the size and the composition of the groups in which children are being educated and cared for by the service.

A compliance direction may be issued for failure to comply.

Part 4.6 Collaborative Partnerships With Families And Communities

157 Access for parent

• The approved provider of an education and care service must ensure that a parent of a child being educated and cared for by the service may enter the education and care service premises at any time that the child is being educated and cared for by the service.

As per the National Regulation, the penalty for failure to comply is: $1,100                                           

Chapter 4 Operational Requirements is a crucial part of the Education and Services National Regulations, as it sets out the necessary standards for the operation and management of education and care services. By addressing staffing and qualifications, health and safety, physical environment, and educational program requirements, this chapter ensures that all children are provided with a safe, healthy, and enriching environment that promotes their learning and development. It is the responsibility of all education and care providers and Educators to comply with these regulations to ensure the best possible outcomes for the children in their care.

Please note: This is a simplified version of the Regulations to make it easier for Educators to follow and to understand. 

For detailed information and to read more: Education and Care Services National Regulations and the National Law