Overview
The Education and Care Services National Law (Western Australia) Act 2012 (the Act) provides a consistent national framework for the regulation of early childhood education and care services in Western Australia. It operates alongside the nationally consistent Education and Care Services National Regulations and aims to ensure that children receive safe, highquality education and care.
Key objectives of the Act include:
- Protecting the health, safety and wellbeing of children.
- Promoting continuous improvement in service delivery.
- Providing clear responsibilities for service providers, educators, and governing bodies.
- Facilitating cooperation between state and national regulators.
Key Provisions
1. Definitions and Scope
The Act defines an education and care service as any service that provides education, care or both for children from birth to 13 years of age. It covers longday care, family day care, preschool/kindergarten, outside school hours care, and occasional care.
2. Service Approval and Registration
All services must be approved by the WA Department of Communities and must hold a current registration. New services must submit an application that demonstrates compliance with the Act, the National Regulations, and the relevant standards.
3. The National Quality Standard (NQS)
Each service is assessed against the NQS, which comprises seven quality areas:
- Educational program and practice
- Childrens health and safety
- Physical environment
- Staffing arrangements
- Relationships with children
- Collaborative partnerships with families and communities
- Governance and leadership
4. Governance and Leadership
Services must have a governing body (or equivalent) that ensures strategic direction, financial sustainability and compliance with the law. The governing body is responsible for appointing a responsible person (RP) who oversees daytoday operations.
5. Child Safe Practices
All staff must complete a childsafe check, a working with children check, and ongoing mandatory training on child protection, emergency procedures, and health & safety.
Regulatory Bodies
The primary regulator for Western Australia is the Department of Communities Early Childhood Education and Care (ECEC). Its duties include:
- Processing approvals and registrations.
- Conducting audits and compliance visits.
- Monitoring incidents and responding to complaints.
- Providing guidance and professional development.
At a national level, the Australian Childrens Education & Care Quality Authority (ACECQA) supports the implementation of the Act and the NQS, produces guidance material, and compiles national data.
Compliance & Reporting
Incident Reporting
Serious incidentsincluding injuries, illness, or allegations of abusemust be reported to the Department within 24 hours using the Incident Management System (IMS). A detailed followup report is required within 48 hours.
Annual Reviews
Each service must complete an annual selfassessment against the NQS and submit a compliance statement to the regulator. The statement confirms that the service meets all mandatory legislative requirements.
Continuous Improvement Plans
Based on the outcomes of NQS assessments, services develop a Continuous Improvement Plan (CIP) that outlines actions, timelines, and responsibilities for raising quality.
Penalties for NonCompliance
The Act provides a range of enforcement options, from informal warnings to formal sanctions:
- Improvement notices require specific actions within a set timeframe.
- Prohibition notices prevent a service from operating until noncompliance is rectified.
- Fines up to $120,000 for individuals and $600,000 for corporations for serious breaches.
- Cancellation of registration in extreme cases where the safety of children is compromised.
Enforcement decisions are recorded on the public register, providing transparency for families.
