Education and Care Services National Amendment Regulations 2019

Overview

The Education and Care Services National Amendment Regulations 2019 (the 2019 Amendments) are a set of updates to the original Education and Care Services National Regulations that govern the provision of early childhood education and care (ECEC) in Australia.

These amendments were introduced to improve quality outcomes for children, strengthen the regulatory framework, and align national standards with contemporary best practice. The changes came into effect on 1 January 2020 and apply to all approved education and care services, including long day care, family day care, preschool/kindergarten, and outofschool hours care.

Key Changes Introduced

1. Ratio and Staffing Requirements

The 2019 Amendments clarify educatortochild ratios and introduce flexible staffing arrangements for mixedage groups. Highlights include:

• Infants (012 months): 1 educator for every 4 children.
• Toddlers (1335 months): 1 educator for every 5 children.
• Preschool age (35 years): 1 educator for every 10 children.
• Flexible ratios for mixedage rooms, allowing a single educator to cover children from two adjacent age bands where the total does not exceed the combined ratio.

2. Staffing Arrangements and Continuity

Services must now develop a written staffing arrangement that demonstrates:

• Qualified educators are present for the majority of the day.
• Continuity of care is maintained for children with special needs.
• Procedures for backup staff when educators are absent.

3. Minimum Age Requirements

The amendments raise the minimum age for enrolment in fullday care to 12 months, aligning with national recommendations to promote infant health and safety.

4. ChildtoTeacher Planning and Documentation

Services are required to maintain a written learning program that is:

• Developed in partnership with families.
• Based on observations of each childs interests, strengths and developmental needs.
• Rereviewed at least quarterly.

5. Health, Safety and Welfare

Updated standards for:

• Infection control mandatory handwashing schedules and hygiene training.
• Outdoor play minimum daily outdoor time of 30 minutes for children under five.
• Emergency preparedness expanded fire and natural disaster drills.

6. Governance and Quality Assurance

Services must adopt a governance framework that includes:

• A designated Quality Assurance Officer.
• Annual selfassessment against the National Quality Standard (NQS).
• Transparent reporting of incidents and continuous improvement plans.

7. Cultural Competence and Inclusion

The amendments emphasise respect for Aboriginal and Torres Strait Islander cultures and encourage services to embed cultural competence strategies, including:

• Incorporating Indigenous perspectives into the curriculum.
• Engaging families and community elders in program planning.

Implementation Timeline

While the regulations became law on 1 January 2020, the implementation schedule allowed services to transition over a phased period:

1. January March 2020: Review existing policies and begin staff training.
2. April June 2020: Update staffing arrangements and ratio calculations.
3. July September 2020: Finalise learning program documentation and submit the revised program to the regulator.
4. October 2020 onward: Ongoing compliance monitoring and annual quality ratings.

Services that missed the initial deadlines were required to submit evidence of compliance within 90 days of the regulators notice.

Practical Compliance Tips

• Conduct a Gap Analysis: Compare current policies with the amended regulations to identify shortfalls.
• Engage All Staff: Hold workshops to clarify new ratio requirements and documentation expectations.
• Use Technology: Adopt digital attendance and ratio calculators to reduce manual errors.
• Document Everything: Keep records of staff qualifications, training certificates, and child observations in an organised system.
• Involve Families: Invite parents to codesign learning programs and provide feedback on cultural inclusion.
• Schedule Regular Audits: Perform internal reviews quarterly to ensure ongoing compliance.
• Seek Professional Advice: When in doubt, consult a regulatorapproved consultant or your local regulatory authority.

Further Resources

For more detailed information, refer to the following official publications and tools:

• ACECQA National Regulations (including the 2019 amendments)
• National Quality Standard (NQS) guide
• Department of Education Early Childhood Resources
• Compliance tools and templates

Professional bodies such as Early Childhood Australia (ECA) also provide webinars and workshops focused on implementing the 2019 amendments.