In Focus

September 2026

Regulatory Spotlight

Launch of the Best Practice Guide for Early Childhood Education and Care Food Environment

Top 10 non-compliances  

Listed below are the top 10 non-compliances in relation to the Education and Care Services National Law (WA) and the Education and Care Services National Law Regulations (WA) for the period 1 July to 30 September 2026.

1. Regulation 97 Emergency and evacuation procedures.
2. Section 165 Offence to inadequately supervise children.
3. Regulation 103 Premises, furniture and equipment to be safe, clean and in good repair.
4. Section 172 Offence to fail to display prescribed information.
5. Section 167 Offence relating to protection of children from harm and hazards.
6. Section 169 Offence relating to staffing arrangements.
7. Regulation 170 Policies and procedures to be followed.
8. Section 174 Offence to fail to notify certain information to Regulatory Authority.
9. Regulation 87 Incident, injury, trauma and illness record.
10. Jointly: Section 175 Offence relating to requirement to keep enrolment and other documents, and Section 51 Conditions on service approval.

Commencement of the proposed Child Safety amendments in WA

It is anticipated that the commencement date for Child Safety legislative amendments in WA will soon be announced. To support providers and services to understand the anticipated changes, two webinars will be hosted by the Education and Care Legislation and Intergovernmental Relations (ECLIR) team in coming weeks. Details on how to register your attendance for one of these webinars will be circulated in a separate communication. To become better acquainted with the expected changes, please refer to the updated Guide to the NQF and Summary of Child Safety Review changes 2025–2026.

OSHC Service Approval Applications for 2027

Approved providers are reminded that due to the increased number of service approval applications received at this time of year, applications for new Outside of School Hours Care (OSHC) services intending to operate from Term One 2027 must be submitted by 30 October 2026. This deadline ensures adequate time for the required assessment and decision.

Applications received after this time cannot be guaranteed to be assessed within 90 calendar days. To facilitate a timely application process, approved providers are encouraged to ensure the following is included with service approval applications:

• A deed of licence or letter from a school principal detailing the spaces the service has the right to occupy, including the hours and days they are authorised to use them,
• Accurate, to-scale plans clearly identifying all spaces proposed to be included in the service approval. The names of spaces shown on the plans must match those identified in the right-to-occupy letter or deed of licence,
• An accurate site plan or school map identifying the location of all proposed spaces, including toilets.
• Written confirmation from a building practitioner confirming the amount of unencumbered indoor and outdoor play space available.

OSHC providers are encouraged to ensure they have access to school sites during the holiday period as ECRU are required to complete pre-approval visits as part of the service approval process. Additionally, providers must ensure they have adequate amounts of age-appropriate resources at the service for the number of the children specified in the application.

Inclusion Ready Toolkit now available

A new Inclusion Ready Toolkit has been developed to support approved providers, service leaders and educators to strengthen inclusive practice and uphold every child’s right to participate, belong and thrive in early childhood education and care services.

All children and their families have the right to feel welcome and to participate in an inclusive early childhood education and care service, regardless of their circumstances, strengths, gender, culture, capabilities, or diverse ways of doing and being.  

Developed by ACECQA on behalf of the Australian Government Department of Education, and informed by researchers and academics, the toolkit is designed to support reflection, professional learning and continuous improvement. The toolkit includes practical strategies and real-world scenarios that can be readily applied across daily routines, transitions, learning environments and educator-child interactions.

It includes:

• A practical guide to inclusive practice
• Self-assessment and reflective practice tools
• eLearning modules
• Professional development resources, including information and tip sheets

Facilitating Supervision and Child Safety through Building Design

such as maintaining clear sightlines, minimising blind spots and reducing isolated spaces. These nationally agreed approaches aim to create safer environments for children while supporting educators to supervise effectively.

Whether planning a new service, undertaking renovations or reviewing existing premises, approved providers are encouraged to use the guide to identify potential supervision risks and enhance children's safety and wellbeing through thoughtful environmental design.

Under Regulation 115 of the Education and Care Services National Regulations, service premises must be designed and maintained in a way that facilitates the effective supervision of children at all times, while respecting their rights and dignity.

ECRU will use this guide as a reference when assessing whether service environments support effective supervision. Where the design of indoor or outdoor spaces limits visibility or creates barriers to adequate supervision, conditions may be imposed on service approvals to address identified risks and strengthen supervision arrangements.

Protection of children through Sun Safe practices

As Summer approaches, the risk of burn injuries to children increases. Services should review their sun safety practices, including the design and management of outdoor environments, to minimise the risk of both sunburn and burns from hot surfaces and equipment.

Approved providers, service leaders and educators are encouraged to work collaboratively to reflect on current practices and consider the guidance and resources available through Cancer Council WA. These resources can support services to strengthen sun-safe practices and promote environments that protect children from the harmful effects of sun exposure and heat.

Some guidance from Cancer Council WA:

How early childhood services can play a role in reducing skin cancer risk

Spending time outdoors is an important part of every day in early years and out of school hours services. Whether outdoor learning activities, lunch breaks, or simply free play, children and staff can spend significant time outside throughout the year.

In Australia, the time we spend in our beautiful outdoor environments can mean exposure to some of the highest levels of ultraviolet (UV) radiation in the world. Research shows that UV exposure during childhood and adolescence can significantly increase the risk of developing skin cancer later in life. This makes early childhood and out of school hours care services a critical setting for promoting sun safe behaviours and helping protect young people from future harm.

Is your service prepared to manage UV exposure?

Services can help reduce UV-related health risks and align with Quality Area 2 by implementing a comprehensive approach to sun protection for both children and staff. Key measures include protective clothing, hats, sunscreen, shade, and, where appropriate, UV-protective sunglasses, whenever the UV Index is forecast to be 3 and above.

Some practical strategies include:

• Requiring that staff and children wear broad-brimmed, bucket, or legionnaire hats to help shield the face, ears, neck, and scalp from sun damage.
• Encouraging dress codes that provide greater skin coverage, such as collared shirts, elbow-length sleeves, longer shorts, skirts, and dresses.
• Prompting children and staff to apply SPF 50 or SPF 50+ broad-spectrum, water-resistant sunscreen before participating in outdoor activities and to reapply every 2 hours when outdoors for extended periods or more frequently if sweating or swimming.
• Factoring available shade into the planning of outdoor play time and events and encouraging its use.
• Providing children with education and learning opportunities that build awareness of UV safety and sun protection practices.

Additional resources to support your service

Cancer Council has a number of free tools available to help services make informed decisions about managing UV exposure for staff and children.

SunSmart Global UV App

UV radiation cannot be seen or felt, and harmful levels can occur even on cool or overcast days. The free SunSmart Global UV app provides live UV readings and daily sun protection recommendations specific to your location. This can assist staff in planning outdoor activities more safely.

SunSmart UV Widget

Services can also display current UV levels and recommended sun protection times directly on their website using the free SunSmart UV Widget, helping to keep families informed.

SunSmart Services Program

The SunSmart Services Program assists childcare and early learning services to develop and maintain UV protection policies and put them into action. Joining the SunSmart program demonstrates a commitment to securing the future health and well-being of children and staff. The program is open to childcare, family day care schemes, OSHC and early learning services.

To join the SunSmart Services Program visit: www.generationsunsmart.com.au/sunsmart-registration/services/

For more information or support with sun safety visit www.generationsunsmart.com.au or email sunsmart@cancerwa.asn.au

October - Halloween and Product Safety  

Keep Halloween fun and safe by staying scare aware.

Halloween is just around the corner, and education and care services around the state may be preparing for spooky fun, including costumes, decorations, themed activities and celebrations. When choosing Halloween products, it’s important to know which items can pose risks to young children. We have compiled a handy list to help you keep Halloween celebrations safe this October.

• Avoid products that contain button batteries. Many popular items including flashing wands, light-up rings, novelty jewellery and costume accessories may contain button batteries. Button batteries can cause serious, life-threatening injuries if swallowed or inserted into the nose or ear.
• Ensure Halloween products and costumes are age-appropriate. Sometimes they may have small detachable or easily removable parts which, when accessible to children, can be a choking risk. The ACCC has created a DIY safety tool which helps you identify toys and other objects that pose choking or ingestion hazards: choke-check.pdf (productsafety.gov.au).
• Take care when using face paint and Halloween cosmetics. Face paint, makeup and fake blood can add to the Halloween fun but may cause skin irritation or allergic reactions, particularly in young children. Before using cosmetic products, check that the ingredients are clearly listed on the packaging as this is a legal requirement. Reviewing the ingredients beforehand can help identify any known allergies.
• Be careful when shopping online, some countries may not have the strict rules that we have, meaning some products do not adhere to the Australian product safety standards.

Head over to the Consumer Protection website to familiarise yourself with how the Department of Local Government, Industry Regulation and Safety’s Consumer Protection Division can assist you or visit Product Safety Australia to view the latest updates.

We hope you have a safe and spooktacular Halloween.