Early Childhood Education and Care (ECEC) Regulation and Compliance
The NSW Early Learning Commission commenced operations on 1 December 2025 as the new independent regulator for early childhood education and care (ECEC) in New South Wales. It is now responsible for regulating all ECEC services across the state, including long day care, preschools and before and after school care.
The NSW Early Learning Commission has been established following the independent review led by former NSW Deputy Ombudsman Chris Wheeler, which recommended creating a regulatory authority independent from the NSW Department of Education.
The Early Learning Commission now oversees the assessment of applications for provider and service approvals, evaluates and rates the quality of services against the National Quality Standard, and enforces compliance with the National Law and Regulations in NSW.
The Early Learning Commission will also continue to implement the NSW-specific and national reforms to strengthen child safety in ECEC.
For more information, visit About the Early Learning Commission.
Education Amendment Regulation (NSW) 2024
On 1 March 2024, the NSW Government published the Education Amendment (Non-Government Schools Assets and Income) Regulation 2024.
This regulation:
- amends the Education Regulation 2017 to clarify the circumstances when a non-government school providing certain education and care services does not operate for profit (as per section 83C of the NSW Education Act)
- explicitly recognises certain education and care programs:
- long daycare
- out of school hours care
- preschool programs
- affirms the existing section 83C requirements, including reasonable market value.
The Regulation is linked to revised Not-For-Profit Guidelines for Non-Government Schools.
It provides guidance on how non-government schools may wish to use school assets and/or private income to provide an education and care program where such programs are designed to invest in:
- the learners of the school, or
- ‘future learners’ who are ‘likely’ to attend the school.
More information can be found on the NSW Department of Education website.
Australian Children’s Education and Care Quality Authority (ACECQA)
The Australian Children’s Education and Care Quality Authority (ACECQA), through the National Quality Framework (NQF), quality assures early childhood education in prior-to-school services.
The National Quality Framework (NQF) provides a national approach to regulation, assessment, and quality improvement for early childhood education and care and outside school hours care services across Australia.
The NQF includes:
- National Law and National Regulations
- National Quality Standard
- assessment and quality rating process
- national learning frameworks.
The Early Years Learning Framework is a national curriculum framework that ensures quality and consistency in the delivery of early childhood education programs across all early childhood settings.
It covers birth to 5 years and supports the transition to formal schooling.
National Disability Insurance Scheme (NDIS) – The Early Childhood Approach
The NDIS is for families and carers.
- The early childhood approach is how NDIS supports children younger than 9 and their families.
- The approach helps children younger than 6 with developmental delay or children younger than 9 with disability and their families to access the right support when they need it.
- Children younger than 6 don’t need a diagnosis to get support through the early childhood approach where there are concerns about their development.
Find out more on the NDIS website.