COURSE OVERVIEW:

Welcome to the Legislative & Regulatory Obligations in Early Childhood Education & Care course. This program has been developed to support early childhood educators, leaders, and approved providers in understanding and meeting their legal responsibilities under Australia’s national and state-based education and care frameworks. Grounded in both legal compliance and ethical reflection, the course aims to strengthen safe, inclusive, and high-quality early learning environments across long day care, family day care, preschool, and out-of-school hours care settings.

Compliance with legal and ethical obligations is foundational to promoting child safety, wellbeing, and developmental outcomes in early childhood education and care (ECEC). This course begins by introducing the purpose and scope of compliance in everyday practice, including how legislation, regulation, and professional ethics guide decision-making, safeguard children’s rights, and support professional accountability. It highlights the responsibilities of educators and providers in maintaining environments that meet not only legal benchmarks but also the moral expectations of families, communities, and the sector at large.

Australia’s early childhood sector operates under a nationally unified yet jurisdictionally implemented regulatory framework. This section explains the structure of the National Quality Framework (NQF), including the Education and Care Services National Law and the Education and Care Services National Regulations. It introduces the role of the Australian Children’s Education and Care Quality Authority (ACECQA) in maintaining national consistency, supporting workforce development, and overseeing quality standards. The section also outlines the role of state and territory regulatory authorities in licensing, monitoring, and enforcing compliance at the service level.

Ethical conduct is just as critical as legal compliance in early childhood settings. This section explores how the Early Childhood Australia (ECA) Code of Ethics provides a practical framework for navigating complex decisions involving children, families, and colleagues. It considers how ethics support the creation of trusting and equitable relationships, promote the dignity and rights of the child, and assist educators in making sound professional judgments that balance legal obligations with values such as respect, inclusion, and compassion.

The National Law and Regulations form the legal foundation for all approved education and care services in Australia. This section outlines the purpose and function of the Education and Care Services National Law Act 2010 and the Education and Care Services National Regulations 2011, with particular attention to educator qualifications, educator-to-child ratios, educational program requirements, and health and safety obligations. It also introduces the Family Assistance Law and associated legislation, such as A New Tax System (Family Assistance) Act 1999, which governs the Child Care Subsidy (CCS) system and administrative requirements for approved providers.

The National Quality Framework integrates legal, educational, and safety standards into a single framework. This section explores the seven Quality Areas of the National Quality Standard (NQS), which cover educational program and practice; children’s health and safety; physical environment; staffing arrangements; relationships with children; partnerships with families and communities; and governance and leadership. It outlines how services are assessed and rated against the NQS and how compliance with the framework is linked to continuous improvement.

Children’s rights are protected under a range of additional federal laws. This section introduces the Family Law Act 1975, which informs educator decisions regarding parenting orders and parental responsibility. It also covers the Privacy Act 1988, which governs the collection, storage, and disclosure of enrolment information and child records. The Australian Human Rights Commission Act 1986, Disability Discrimination Act 1992, and Racial Discrimination Act 1975 are examined in the context of equitable access to early childhood services, mandatory inclusion practices, and anti-discrimination protections.

Safe workplaces are essential for both educators and children. This section examines the application of the Work Health and Safety Act 2011, which is harmonised across most jurisdictions, and its requirements for managing risks associated with physical and psychological health. It also introduces the Fair Work Act 2009, covering minimum entitlements, award conditions, and fair treatment in the workplace. The section considers the wellbeing of educators not just as employees, but as professionals working in emotionally demanding and highly regulated environments.

The implementation of the National Law varies slightly between jurisdictions. This section outlines how each state and territory applies the national framework, including additional legislative instruments such as the Children (Education and Care Services) Supplementary Provisions Act 2011 in NSW and the Child Wellbeing and Safety Act 2005 in Victoria. These local instruments impose supplementary obligations, such as compliance with Victoria’s Child Safe Standards, that services must observe alongside the national framework.

Mandatory reporting laws are essential in safeguarding children’s welfare. This section outlines the legal obligations of early childhood educators and approved providers to report suspected abuse or neglect, with reference to each state and territory’s child protection legislation. These include the Children and Young Persons (Care and Protection) Act 1998 (NSW), Child Protection Act 1999 (QLD), and equivalent Acts in other jurisdictions. The section explains how to identify concerns, document disclosures, and engage appropriately with child protection authorities.

Public health laws also impose legal duties on ECEC services. This section examines state-specific immunisation requirements, such as "No Jab, No Play" laws, and how services must respond to communicable disease outbreaks in accordance with their public health responsibilities. It also introduces obligations under state-based Food Acts regarding food safety, food handling certification, and temperature control—particularly relevant in services providing meals or snacks.

Work health and safety obligations vary slightly across jurisdictions. This section explains how WHS legislation applies in practice to risk management during outdoor play, excursions, nappy changes, manual handling, and hygiene routines. It compares the national Work Health and Safety Act 2011 with Victoria’s distinct Occupational Health and Safety Act 2004, outlining how educators must manage their responsibilities depending on the location of their service.

By the end of this course, you will have a well-rounded understanding of the legal and regulatory environment that governs early childhood education and care in Australia. You will be prepared to uphold the highest standards of compliance, safety, and ethical conduct in your role—ensuring that all children, families, and educators are protected, respected, and supported in their journey through early learning.

Each section is complemented with examples to illustrate the concepts and techniques discussed.

LEARNING OUTCOMES:

By the end of this course, you will be able to understand the following topics:

1. Introduction to Legislative Obligations and Ethical Practice in Early Childhood Education and Care

The Purpose of Legal and Ethical Compliance in ECEC

• The role of compliance in promoting child safety, wellbeing, and educational outcomes.
• How national law, regulations, and ethical frameworks shape everyday practice.
• The responsibilities of early childhood professionals in creating legally compliant and ethically sound environments.

Overview of the National Regulatory Framework

• Relationship between the Education and Care Services National Law and National Regulations.
• Functions of the Australian Children’s Education and Care Quality Authority (ACECQA).
• State and territory authorities and their role in compliance and enforcement.

The Importance of Ethical Practice in Early Childhood Settings

• Ethics as a foundation for trust, respect, and equitable relationships.
• Navigating complex decisions using the Early Childhood Australia (ECA) Code of Ethics.
• Balancing legal obligations with the rights of children, families, and educators.

2. National (Commonwealth) Legislation in Early Childhood Education & Care

Core Legal Frameworks

• Education and Care Services National Law Act 2010: Establishes regulatory structure and quality assessment system.
• Education and Care Services National Regulations 2011: Specifies educator qualifications, ratios, health, safety, and educational program requirements.
• Family Assistance Law (including A New Tax System (Family Assistance) Act 1999): Governs Child Care Subsidy (CCS), enrolment records, and compliance with approved provider requirements.

Quality and Safety Regulations

• National Quality Framework (NQF): Integrates legal, educational, and safety standards across all service types.
• National Quality Standard (NQS): Seven Quality Areas covering education, safety, relationships, and governance.
• Australian Children’s Education and Care Quality Authority (ACECQA): Oversees national consistency, standards development, and educator qualification frameworks.

Child Protection & Rights Legislation

• Family Law Act 1975: Parental responsibility, court orders, and shared care considerations.
• Privacy Act 1988 (incl. Australian Privacy Principles): Regulates the collection and storage of enrolment and child records.
• Australian Human Rights Commission Act 1986: Promotes equitable access to services and addresses discrimination.
• Disability Discrimination Act 1992: Mandates inclusion and reasonable adjustments for children with disabilities.
• Racial Discrimination Act 1975: Prohibits race-based exclusion or unequal treatment.

Workplace & Safety Laws

• Work Health and Safety Act 2011 (harmonised in all jurisdictions except VIC): Requires risk management for physical and psychological safety.
• Fair Work Act 2009: Governs educator entitlements, rosters, award coverage, and workplace protections.

3. State/Territory Legislation and Implementation Requirements

Implementation of National Law by Jurisdiction

• NSW: Children (Education and Care Services) Supplementary Provisions Act 2011 for certain non-long day care services.
• VIC: Child Wellbeing and Safety Act 2005 imposes additional obligations on Victorian services (e.g., Child Safe Standards).
• QLD/WA/SA/TAS/ACT/NT: National Law adopted directly with minor jurisdictional variations.

Child Protection & Mandatory Reporting Laws

• State-specific mandatory reporting duties apply to educators and approved providers.

·       NSW: Children and Young Persons (Care and Protection) Act 1998

·       VIC: Children, Youth and Families Act 2005

·       QLD: Child Protection Act 1999

·       WA: Children and Community Services Act 2004

·       SA: Children and Young People (Safety) Act 2017

·       TAS: Children, Young Persons and Their Families Act 1997

·       ACT: Children and Young People Act 2008

·       NT: Care and Protection of Children Act 2007

Public Health Requirements

• Immunisation requirements governed by each state’s Public Health Act (e.g., "No Jab, No Play" laws).
• Food safety compliance under state Food Acts (e.g., appropriate food handling certification, temperature control).

Work Health and Safety Obligations by State

• Alignment with Work Health and Safety Act 2011 in all states/territories except VIC (Occupational Health and Safety Act 2004).
• Site-specific risk management for outdoor play, hygiene, excursions, and manual handling.

COURSE DURATION:

The typical duration of this course is approximately 2-3 hours to complete. Your enrolment is Valid for 12 Months. Start anytime and study at your own pace.

COURSE REQUIREMENTS:

You must have access to a computer or any mobile device with Adobe Acrobat Reader (free PDF Viewer) installed, to complete this course.

COURSE DELIVERY:

Purchase and download course content.

ASSESSMENT:

A simple 10-question true or false quiz with Unlimited Submission Attempts.

CERTIFICATION:

Upon course completion, you will receive a customised digital “Certificate of Completion”.