In Focus

March 2026

Regulatory Spotlight

Update: Western Australia’s Move to the Applied National Law

The Education and Care Regulatory Unit (ECRU) is providing this update to inform the sector about Western Australia’s (WA) transition to the Applied National Law model and the implications for approved providers and services.

Background and Recap

Western Australia currently operates under the Education and Care Services National Law Act (WA), which mirrors the Education and Care Services National Law.

In 2023, a decision was made to move WA to the Applied National Law model. This approach will enable WA to align more effectively with other jurisdictions, particularly in relation to the commencement of National Law amendments.

The Education and Care Services National Law Application Bill was first introduced into the WA Parliament in 2024 but was not passed before Parliament ceased due to the 2025 State election.

Current Status

The Education and Care Services National Law Application Bill 2025 (the Bill) has passed both Houses of Parliament and the commencement date will be communicated to the sector once confirmed.

When the Application Bill commences the amendments arising from the 2019 Review of the National Quality Framework (NQF) will apply in WA and will commence on the same day as the Bill.

2019 NQF Amendments Applying on Commencement

The following 2019 NQF amendments will apply from commencement day.

General Amendments

Expansion of the meaning of a person with management or control of a service to allow streamlined joint approvals, enabling applicants to submit one application to receive approvals from multiple regulatory authorities.
Clarification that a Regulatory Authority may administer tests or questions to assess a person’s fitness and propriety.
Provision for the suspension or cancellation of provider approval in certain circumstances where approval has been cancelled or refused under the A New Tax System (Family Assistance) (Administration) Act 1999 (Cth).
Extension of the notification period for the transfer of a service approval from 42 days to 60 days.
Extension of the validity of the ‘Excellent’ rating from three years to five years.
Increases to maximum penalties for various offences, reflecting cumulative inflation since penalties were last set in 2012 (approximately 14.9%, rounded down to the nearest $100).

Family Day Care Amendments

Improved access for the Regulatory Authority to the family day care register by allowing the form of the register to be prescribed.
Clarification of requirements for the display of information in family day care services.
Amendments to the minimum number of family day care coordinators and the thresholds for when additional coordinators are required.
Extension of the requirement for child protection training to family day care coordinators where available in each jurisdiction.
This training is not yet available in WA and will be developed and mandated under other legislation.

Transition Periods for Ceasing WA‑Specific Regulations

The move to the Applied National Law will improve WA’s alignment with the National Law. A 12‑month transition period will apply before the following WA‑specific regulations cease:

Regulation 123(2A) will expire on 30 June 2027.
After this date, educators cannot be counted in ratio while on breaks of up to 30 minutes. Educators may only be counted in ratio when working directly with children.
Regulation 123(7) will expire on 30 June 2027.
After this date, children cannot be treated as up to six months older or younger than their actual age for ratio purposes. Children must be counted in ratios according to their actual age.

The cessation of these regulations will reduce child safety risks and align WA with practices used in the majority of Australian education and care services.

ECRU notes that educators remain entitled to breaks during the day in accordance with their employment conditions. These regulatory changes relate only to when educators may be counted in ratios.

Early Childhood Legislation Amendment (Child Safety) Act 2025 (Vic)

The Early Childhood Legislation Amendment (Child Safety) Act 2025 (Vic) commenced in all jurisdictions by 27 February 2026. This legislation has not yet commenced in WA.

Once ECRU is closer to applying this legislation, key dates and further information will be communicated to the sector.

Further Information

Services are encouraged to visit the Australian Children’s Education and Care Quality Authority (ACECQA) website at www.acecqa.gov.au for information and to access tools and resources developed to support implementation.

ECRU will continue to keep the WA sector informed about progress and timeframes for the application of the Child Safety Act and other relevant legislative changes.

Child Safety Training & The National Worker Register

The 27 February 2026 implementation date does not apply to Western Australia (WA) for either the National Worker Register or Child Safety Training requirements. Western Australia is currently progressing toward implementing Applied Law. Once this transition is complete, a WA‑specific commencement date will be set and communicated to the sector, along with supporting guidance materials.

In the interim, the Education and Care Regulatory Unit (ECRU) is encouraging WA ECEC services to begin engaging with the National Worker Register voluntarily as a proactive quality and safeguarding measure.

If you have questions about the register, please contact: WorkerRegister@acecqa.gov.au

WA services are also encouraged to commence child safety training early to support readiness for future implementation and to strengthen overall child safeguarding practice.

Mandatory child safety training will apply to:

persons with management or control
nominated supervisors
persons in day‑to‑day charge
educators and non‑educator staff
volunteers
students

Training is available through Geccko, the Australian Government’s online learning platform for the ECEC sector.

For further information please go to National child safety training - Department of Education, Australian Government

Notifying Changes to Service Premises

Under section 173(2)(c) of the Education and Care Services National Law (WA), approved providers must notify the Regulatory Authority of any proposed change to the premises of an approved service (excluding family day care residences).

What counts as the ‘premises’?

The premises include the building, grounds, and all fixed or semi‑fixed structures, both indoors and outdoors. This includes areas not used by children, such as kitchens, offices, and staff rooms.

When notification is required

Notification is required where a proposed change may affect:

the physical structure or layout of the premises
children’s safety, health or wellbeing
unencumbered indoor or outdoor space
access to approved areas or supervision arrangements

This applies to changes to the premises themselves, not simply changes in how spaces are used.

Fixtures vs movable items

Changes to fixtures (e.g. fixed shelving, sandpits, shade structures, permanent fencing) usually require notification.
Changes to movable items (e.g. furniture or loose equipment) generally do not, unless they impact space or supervision.

What does not require notification

Minor or cosmetic works—such as painting, replenishing sand, replacing materials like‑for‑like, or minor repairs that do not alter structure or layout—do not require notification.

Key questions to consider

Does the change alter the structure, layout or fixtures?
Does it affect space, supervision, or access to approved areas?

If yes, notification is likely required. If the change relates only to how a space is used, or is minor or cosmetic, notification is usually not required.

If unsure, contact the Education and Care Regulatory Unit on 6277 3889 or ecru@communities.wa.gov.au.

Notifications must be submitted through the public NQA ITS portal.

National review of ECEC qualifications underway

A national review of two key early childhood education and care qualifications is now underway, with HumanAbility leading updates to the Certificate III (CHC30125) and Diploma (CHC50125) in Early Childhood Education and Care. The review aims to ensure training remains aligned with contemporary practice, workforce needs and sector expectations, drawing on recent national workforce and child safety reviews. Educators, providers, employers and training organisations are encouraged to contribute feedback.

A major proposed change is the move from traditional Units of Competency to a new Application of Skills and Knowledge (ASK) model, designed to better reflect real-world practice and align with the National Quality Framework. Priority areas include play-based pedagogy, inclusion and disability support, child safety and wellbeing, and cultural responsiveness. Public consultation is open until 31 May 2026, with online surveys and workshops available nationwide.

Register to receive project updates here.

New and updated resources from ACECQA

ACECQA has completed major revisions across a wide range of resources in response to identified needs within the sector and to reflect the upcoming legislative changes. The following updated materials are now available on the ACECQA website: 

Risk Assessment and Management

New Medical Management Plan Information Sheet and Templates

National Allergy Council new resources Kitchen Guide for Cooks

The National Allergy Council (NAC) delivers nationally consistent, evidence‑based programs and resources to strengthen food allergen management capability across education, care, food service and regulatory environments.

NAC’s Allergy Aware initiative provides an accessible, centralised resource hub to support schools and children’s education and care (CEC) services in implementing effective allergy risk‑minimisation strategies and safe operational practices. Complementing this is the All About Allergens for Children’s Education and Care free online training program, which is widely used across the sector as foundational training for educators and food preparation staff.

A new resource, All About Allergens for CEC Kitchen Handbook has recently been released to further support safe food preparation practices within early childhood settings by providing practical, step‑by‑step operational guidance for cooks and kitchen staff. NAC also maintains an expanded suite of supporting tools and resources for CEC food service personnel to promote consistent implementation of allergen‑safe practices within service environments.

Play Active Survey

To help shape the topics and formats that will be most valuable for you, they’re inviting you to nominate areas of interest in children's health and energetic play around behaviour management, nature play, and ideas to engage children of all abilities in physical activity. You are most welcome to nominate other areas of interest in children's physical activity health, and development.

Please complete the survey here. The survey takes around 3–5 minutes and will help prioritise the topics and expertise required. For more information about the program, please visit https://playactive.org.au/

Forward to a Friend