ECRU Update

Amendments to the WA Regulations will commence on 1 December 2023 to reflect changes previously made to the National Regulations

This ECRU Update is in respect of changes to the National Quality Framework (NQF).

As noted on the ACECQA website, in 2022 Education Ministers agreed to outcomes from the 2019 NQF Review, including various amendments to the NQF legislation.

Following the amendments to the National Regulations made on 1 July and 1 October 2023 nationally, corresponding amendments to the WA Regulations will take effect from 1 December 2023 to include requirements relating to:

• services operating in multi-storey buildings
• policies, procedures and risk assessments for sleep and rest and for the safe arrival of children as a result of transportation
• family day care educators holding, not actively working towards, a relevant qualification, with a 12 month grace period until 30 November 2024 for educators who are completing their study
• documentation of educational programs in outside school hours care services at the program, instead of the child, level
• the currency of first aid, anaphylaxis management and emergency asthma management training, to have effect from 1 June 2024
• knowledge and qualification of volunteers and students under child protection laws
• various notification, record-keeping and information confidentiality obligations
• the phasing in of the new approved learning frameworks
• prohibiting the use of bassinets
• penalties for offences to be increased from $1000 to $1100.

The amendments are set out in the Education and Care Services National Amendment Regulations (No. 4) 2023 published on 29 November 2023 and may be accessed on the WA legislation website SL 2023/186 at:

https://www.legislation.wa.gov.au/legislation/statutes.nsf/asmade_2023.html

General guidance regarding all of the 2019 NQF changes that are commencing nationally and in WA, including a range of Information Sheets, can be accessed on the ACECQA website at:

https://www.acecqa.gov.au/latest-news/changes-nqf-starting-1-october-2023

A small number of 2019 NQF Review corresponding changes to WA legislation are still to be implemented and these mostly depend upon corresponding changes being made to the WA Law to enable corresponding WA Regulations amendments to be made. A further update will be provided when these changes are closer to being made. These remaining changes include:

• additional requirements relating to the display of information at family day care residences and venues
• the ‘person with management or control’ requirements
• increasing the $2000 penalty amounts in the WA Regulations to $2200
• increasing fees under the WA Regulations for the 2024-25 and 2025-26 financial years.