Choosing childcare for your child is one of the biggest decisions you’ll make as a parent. It’s natural to want reassurance that the centre you choose operates safely, legally and with your child’s best interests at heart.
In New South Wales, a comprehensive regulatory framework governs every approved childcare service. This framework sets minimum standards for everything from educator qualifications to building safety, food handling to emergency procedures.
Understanding these regulations empowers you. You’ll know what questions to ask during centre tours, what documents should be displayed and what standards every service is required to meet. At Kiddie Garden in Parramatta, we view these requirements as the foundation upon which we build something better for your child and your family.
This guide breaks down NSW childcare regulations in plain language so you can make informed choices about your child’s care.
The Regulatory Framework: Who Oversees Childcare in NSW?
Childcare in NSW operates under a dual system that combines national and state requirements. Understanding who’s responsible for what helps you know where to go if you ever have questions or concerns.
National Quality Framework (NQF)
The NQF provides consistent standards across all of Australia through the Education and Care Services National Law and National Regulations. It covers long day care, family day care, preschools, kindergartens and outside school hours care services. The NQF was introduced in 2012 to raise the quality of education and care for all Australian children.
The Australian Children’s Education and Care Quality Authority (ACECQA) oversees the national implementation of the NQF. ACECQA publishes approved qualifications lists, maintains the national register of services and develops resources for both families and educators.
The NSW Early Learning Commission
From 1 December 2025, the NSW Early Learning Commission began operating as the independent regulator for early childhood education and care in New South Wales. The Commission is responsible for regulating over 6,000 early childhood education and care services across the state.
The Commission was established following an independent review led by former NSW Deputy Ombudsman Chris Wheeler. It reports directly to the NSW Minister for Education and Early Learning and operates separately from the NSW Department of Education.
The Early Learning Commission is responsible for assessing applications for provider and service approvals, evaluating and rating the quality of services against the National Quality Standard (NQS) and enforcing compliance with the National Law and Regulations in NSW. Its guiding principle is simple: children first, always.
If you want to check any childcare service’s quality rating or approval status, visit the Starting Blocks website at startingblocks.gov.au. This is the national register where all service ratings are published and updated. Kiddie Garden currently meets all standards, with our last regulatory visit in December 2025.
Licensing Requirements: What Makes a Centre Legal?
Before any childcare centre can operate in NSW, it must meet strict licensing criteria. This process exists to ensure that only suitable providers are approved to care for children.
Provider Approval
The individual or organisation running the centre must hold a provider approval. This involves background checks, assessment of fitness and propriety, and evidence of understanding the regulatory obligations involved in running an early childhood service. The Commission validates each application, which takes around 60 days to assess.
Service Approval
Each individual centre location must also hold a service approval. This involves assessment of the physical premises, staffing arrangements and proposed educational program. The assessment includes a pre-approval visit and takes around 90 days. The Commission considers the provider’s compliance history and quality ratings across all their existing services before granting approval.
What Should Be Displayed at the Centre
Every approved childcare centre in NSW must display certain information where families can see it, usually near the main entrance. When you visit a centre, look for the service’s current licence, the name of the nominated supervisor, their NQS quality rating and any waivers that may be in place.
If a centre can’t show you these documents, that’s a question worth asking about.
Educator to Child Ratios in NSW
One of the most important regulations for parents to understand is the educator to child ratio. These ratios determine how many qualified educators must be present for a given number of children and are designed to ensure every child receives appropriate attention and supervision.
In NSW, the minimum ratios for centre-based services are:
Birth to 24 months: 1 educator to 4 children
Over 24 months to under 36 months: 1 educator to 5 children
36 months and over (preschool age): 1 educator to 10 children
These ratios must be maintained at all times when the service is operating, across all locations where children are being cared for. This includes during outdoor play, mealtimes and transitions. Educators can only be counted in the ratio if they are working directly with children. Staff who are on breaks, doing administrative tasks or performing programming work behind the scenes cannot be included.
It’s worth noting that these are minimums. Quality centres often choose to operate with more educators than the regulations require, because lower ratios allow for more individual attention and stronger relationships between educators and children.
At Kiddie Garden, we believe these relationships are the heart of quality care. When educators know your child well and can respond to their individual cues and interests, better learning and development outcomes follow naturally. This is one of the strengths of our smaller, independent centre where staff turnover is lower and your child sees familiar faces every day.
Educator Qualifications: Who Can Work With Your Child?
Qualifications matter. The NQF sets out minimum qualification requirements for educators working in centre-based services with children of preschool age and under.
Minimum Qualification Levels
At least 50% of educators required to meet ratios must hold, or be actively working towards, an approved Diploma of Early Childhood Education and Care or a higher qualification. All remaining educators must hold, or be actively working towards, an approved Certificate III in Early Childhood Education and Care.
“Actively working towards” means the educator is enrolled in an ACECQA approved qualification, has started their studies and is making satisfactory progress. This provision recognises that gaining qualifications takes time while ensuring educators are on a pathway to full qualification.
Early Childhood Teachers
Services must also engage or have access to an early childhood teacher (ECT) based on the number of children attending. An ECT holds a university-level teaching qualification in early childhood education. For services with 25 or more children preschool age or under, at least one ECT must be in attendance. Larger services with 60 or more children require a second ECT or suitably qualified person.
In NSW, early childhood teachers also need to be accredited through the NSW Education Standards Authority (NESA). This adds another layer of professional accountability.
First Aid Requirements
Every centre must ensure that at least one educator with a current approved first aid qualification, a current approved anaphylaxis management qualification and a current approved emergency asthma management qualification is in attendance and available at all times children are being educated and cared for.
When you’re touring a centre, it’s perfectly reasonable to ask about the qualifications of the educators who will be caring for your child. A centre that’s proud of its team will be happy to share this information.
The National Quality Standard: What Does It Measure?
The National Quality Standard sets a national benchmark for early childhood services. Services are assessed and rated against seven quality areas, and the results are published on the Starting Blocks website so parents can compare services.
The seven quality areas are:
Quality Area 1 – Educational Program and Practice. How well does the service support your child’s learning through an engaging, evidence-based program?
Quality Area 2 – Children’s Health and Safety. Is your child protected from illness, injury and hazards? From January 2026, this area includes strengthened child safety obligations under new Element 2.2.3.
Quality Area 3 – Physical Environment. Are the indoor and outdoor spaces safe, well maintained and designed to support learning and play?
Quality Area 4 – Staffing Arrangements. Are there enough qualified educators? Are they supported with professional development?
Quality Area 5 – Relationships With Children. Do educators build warm, responsive relationships? Is each child’s dignity and rights respected?
Quality Area 6 – Collaborative Partnerships With Families and Communities. Does the service work with families as genuine partners in their child’s education?
Quality Area 7 – Governance and Leadership. Is the service well managed with effective leadership? From January 2026, Standard 7.1 now embeds child safety into governance requirements.
Services receive one of five possible overall ratings: Excellent (the highest, awarded by ACECQA), Exceeding National Quality Standard, Meeting National Quality Standard, Working Towards National Quality Standard, or Significant Improvement Required.
We encourage all parents to check a centre’s quality rating before enrolling. You can read our detailed guide to understanding the National Quality Standard for a deeper look at what each quality area means for your child’s daily experience.
Recent Child Safety Reforms: What’s Changed?
The regulatory landscape for childcare in NSW has undergone significant strengthening in recent years. Parents should be aware of these important changes.
NSW Changes in 2025
At least 50% of educators required to meet ratios must hold, or be actively working towards, an approved Diploma of Early Childhood Education and Care or a higher qualification. All remaining educators must hold, or be actively working towards, an approved Certificate III in Early Childhood Education and Care.
“Actively working towards” means the educator is enrolled in an ACECQA approved qualification, has started their studies and is making satisfactory progress. This provision recognises that gaining qualifications takes time while ensuring educators are on a pathway to full qualification.
National Reforms from September 2025
From 1 September 2025, all approved services across Australia must report any allegation, complaint or incident relating to physical or sexual abuse to the regulatory authority within 24 hours. This is a significant change from the previous timeframe of seven days. Services are also required to have policies and procedures about the safe use of digital technologies, including rules about CCTV, taking and storing images of children, and the use of digital devices within the service.
NQS Refinements from January 2026
From 1 January 2026, the NQS has been updated to embed child safety obligations more firmly into Quality Areas 2 and 7. New wording in Quality Area 2 (Element 2.2.3) ensures that management, educators and staff understand their roles and responsibilities regarding child safety. Quality Area 7 (Standard 7.1 and Element 7.1.2) now requires governance and leadership to prioritise child safety as a core responsibility.
These reforms mean that when a centre is assessed and rated, child safety practices are evaluated as a central component, not an afterthought. For parents, this provides additional assurance that the services caring for your children are held to the highest safety standards.
Health and Safety Requirements
NSW childcare regulations include detailed requirements around health and safety. These cover a wide range of areas that directly affect your child’s daily experience.
Immunisation: No Jab, No Play
In NSW, children must be up to date with their immunisations to enrol in childcare. Under the No Jab, No Play legislation, services must obtain evidence that a child is fully immunised for their age, on an approved catch-up schedule, or has a medical exemption recorded on the Australian Immunisation Register (AIR).
Immunisation requirements are also linked to your Child Care Subsidy eligibility under the federal No Jab, No Pay policy. If your child’s vaccinations fall behind, it may affect your ability to receive fee subsidies.
Services are required to keep immunisation records on file and obtain updated certificates as children reach milestone ages. A penalty of up to $5,500 applies if a service enrols a child without obtaining the required vaccination certificate.
At enrolment, you’ll need to provide an up-to-date Immunisation History Statement from the AIR. You can access this through your MyGov account or by contacting the AIR directly.
Illness and Exclusion Policies
All centres must follow NSW Health guidelines for managing infectious diseases. This includes exclusion periods for common childhood illnesses, which specify how long a child must stay away from the service after becoming unwell. Read our childcare sickness policy post for more information.
Services are required to notify families of any infectious diseases within the centre and must notify the regulatory authority of any serious incidents or outbreaks. They must also maintain hygiene practices that meet the National Health and Medical Research Council guidelines outlined in Staying Healthy: Preventing Infectious Diseases in Early Childhood Education and Care Services.
Sun Safety
Services must have policies and procedures for protecting children from sun exposure, including requirements around protective clothing, sunscreen application and providing shade. At Kiddie Garden, we adopt a “no hat, no play” policy aligned with Cancer Council guidelines.
Nutrition and Dietary Requirements
If your centre provides meals and snacks, they must meet the nutritional requirements set out in the Australian Dietary Guidelines. Services must also have procedures for managing children’s individual dietary needs, including allergies, cultural and religious dietary requirements, and medical conditions.
Sleep and Rest
Regulations require that all children have access to appropriate rest and sleep opportunities. For infants, services must follow safe sleeping practices aligned with Red Nose (formerly SIDS and Kids) guidelines. This includes placing babies on their backs to sleep and ensuring the sleeping environment is free from loose bedding and soft objects.
Physical Environment and Space Requirements
The regulations set minimum space requirements for childcare centres in NSW. Each child must have at least 3.25 square metres of unencumbered indoor play space and 7 square metres of unencumbered outdoor play space.
Beyond minimum space, centres must ensure their environment is safe, clean and well maintained. This includes regular safety checks of equipment, secure fencing, safe storage of hazardous materials and emergency evacuation procedures that are rehearsed at regular intervals.
The physical environment is assessed as Quality Area 3 under the NQS, and the best centres design their spaces to be inviting and stimulating, not just functional.
Educational Program Requirements: The EYLF
Every approved childcare service in NSW must deliver an educational program based on an approved learning framework. For children aged birth to five years, this is the Early Years Learning Framework (EYLF), known as Belonging, Being and Becoming.
The EYLF guides educators in planning learning experiences that support five key outcomes: children having a strong sense of identity, children being connected and contributing to their world, children having a strong sense of wellbeing, children being confident and involved learners, and children being effective communicators.
The educational program must be based on each child’s individual interests, abilities, strengths and developing needs. This means quality centres don’t take a one-size-fits-all approach. Instead, educators observe your child, document their learning and plan experiences that extend their development.
You can learn more about how this works in practice in our guide to how the EYLF shapes your child’s day.
How Independent Centres Differ From Large Chains
Every approved childcare service in NSW operates under the same regulatory framework. Whether it’s a large corporate chain or a small independent centre, the regulations apply equally.
However, how a service meets and exceeds those regulations can vary considerably. Independent centres often have greater flexibility in how they go above the minimum requirements. An independent operator can choose to employ additional staff beyond required ratios, invest in higher-quality resources, offer more generous space per child, or implement more family-friendly policies without needing corporate approval.
For families, this can mean more personalised communication, faster response to feedback, and stronger relationships between educators and children. When the owner or director is present in the centre each day (as ours is), decisions can be made quickly and in the best interests of the children in that community.
At Kiddie Garden, we view regulations as the starting point, not the finish line. We meet every requirement, maintain all necessary documentation and welcome regulatory visits as opportunities to demonstrate our commitment to your child’s care and education.
Your Role in Regulatory Compliance
Parents play an important part in childcare compliance, particularly around health and safety. Understanding your responsibilities helps create a smooth experience for everyone.
What You’re Responsible For
As a parent, you are required to provide current immunisation records at enrolment and whenever your child receives new vaccinations. You’ll need to notify the centre of any changes to your child’s medical conditions, allergies or emergency contacts. Following illness exclusion guidelines, which means keeping unwell children at home, helps protect all children and staff. You’ll also need to provide current medical management plans if your child has any diagnosed conditions, inform the centre of any court orders affecting your child’s care, and sign required consent forms for things like excursions, medication administration and photography.
What You’re Entitled To
You have the right to access the service’s policies and procedures at any time. You can ask about your child’s educators and their qualifications. You must be notified of any incidents, injuries or illnesses involving your child on the day they occur. You have access to your child’s developmental records and learning documentation, and the centre must be transparent about how your child’s personal information is stored and used.
This is a partnership. When families and services work together openly, compliance becomes seamless and children benefit from consistent, safe care.
Staying Informed: Regulations Evolve
Childcare regulations are not static. They evolve as new research emerges, community expectations shift and policy priorities change. The 2025 NSW amendments and the establishment of the Early Learning Commission are recent examples of this ongoing evolution.
Quality childcare services stay ahead of regulatory changes and adapt their practices proactively. At Kiddie Garden, we monitor updates from the NSW Early Learning Commission and ACECQA, attend professional development sessions and ensure our policies reflect the most current requirements.
As a parent, you can stay informed by checking your centre’s quality rating on Starting Blocks, reading the centre’s newsletters and communications, and asking questions whenever something changes.
Making an Informed Choice for Your Family
Understanding NSW childcare regulations gives you confidence when choosing a centre for your child. You know what’s legally required, what questions to ask and what standards every service must meet.
Every approved childcare service in NSW operates under the same regulatory framework, but not all services demonstrate the same commitment to excellence. Regulations set the floor, not the ceiling. The best centres use compliance as the foundation for something better, creating environments where children don’t just stay safe but thrive.
At Kiddie Garden, we’re proud to be an independently owned centre in North Parramatta where regulations are our starting point and your child’s wellbeing is our purpose. We’d love to show you what that looks like in practice.
Book an orientation to visit Kiddie Garden and see how we bring quality early childhood education to life for your family. Call us on 9890 8129 or complete our contact form to get started.