From 1 September 2025
From 1 September 2025, a number of amendments to Western Australia’s Education and Care Services National Regulations 2012 will commence operation. These updates applies to regulations 82, 168, 176, 239A and 242 and Schedule 1 - National Quality Standard (NQS) of the Education and Care Services National Regulations 2012 (WA) (the WA National Regulations).
Following the amendments to the National Regulations made on 16 June 2025, corresponding amendments have been made to the WA National Regulations to implement minor changes arising from the Review of Child Safety Arrangements under the National Quality Framework (NQF).
These changes were published on the WA Legislation Website on 20 August 2025 and will commence operation as follows:
- On 1 September 2025:
- Regulation 82 will require services to be vape-free;
- Regulation 168 will require policies and procedures for digital technology and online environments; and
- Regulation 176 will reduce notification times frames for physical or sexual abuse incidents or allegations from 7 days to 24 hours.
- On 1 January 2026:
- the National Quality Standard in Schedule 1 of the WA National Regulations will include the ‘child safe’ principle in Element 2.2.3 and Quality Area 7.
As the WA National Regulations 239A and 242 are due to expire on 31 December 2025, these two regulations have been further extended until 31 December 2026 to align with the National Regulations.
Regulation 239A provides for early childhood teachers (ECTs) in remote and very remote centre-based services and regulation 242 provides for persons taken to be ECTs.
The extension is related to work being undertaken under Shaping Our Future: National Workforce Strategy 2022-2031 - Focus area 5, Action FA 5-1: Review NQF Staffing and Qualification Regulations.
For questions on the regulations and the Bill please contact the Education and Care Legislation and Intergovernmental Relations (ECLIR) at email eclir@communities.wa.gov.au
From 1 December 2023
From 1 December 2023, a number of amendments to Western Australia’s Education and Care Services National Regulations 2012 will commence operation. These relate to changes aligning with changes made nationally under the 2019 NQF Review that commenced on 1 October.
The WA amendments were published as the Education and Care Services National Amendment Regulations (No. 4) 2023 and provide for:
- 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 regulation amendments that commenced on and before 1 December will be consolidated into the Education and Care Services National Regulations 2012 for ease of reference.
From 1 July 2023
From 1 July 2023, a number of amendments to Western Australia’s Education and Care Services National Regulations 2012 commenced operation. These related to:
- changes aligning with changes made nationally under the 2019 NQF Review and also commencing on 1 July 2023
- changes to the WA-specific requirements for qualified educators in WA Outside School Hours Care services (children over preschool age).
The WA amendments aligning with the 2019 NQF Review national changes were published as the Education and Care Services National Amendment Regulations (No. 3) 2023 and provide for:
- changes to fees
- introduction of pro-rata coordinator to educator ratios in Family Day Care (0.2 coordinator: 1-5 educators, after the first full-time coordinator)
- replacement of educators, early childhood teachers and suitably qualified persons for reasons of illness, leave, practicum placement or resignation
- extending regulations 239A, 240 and 242 to 31 December 2024 (these include support for regional and remote services).
The amendments relating to WA Outside School Hours Care services were published as the Education and Care Services National Amendment Regulations (No. 2) 2023 and provide for:
- the introduction of a level of ‘working towards qualification’ for some qualified educators
- a distinction between the qualification requirements for the ‘first’ qualified educator and the ‘other’ qualified educators.
More information on the amendments relating to WA Outside School Hours Care services can be found in the FAQs for OSHC qualified educators.
The regulation amendments that commenced on and before 1 July have all been consolidated into the Education and Care Services National Regulations 2012 for ease of reference.
From 1 March 2023
From 1 March 2023, centre-based childcare services are required to ensure children who are regularly transported are better accounted for, as part of amendments to the Western Australia’s Education and Care Services National Regulations.
The new requirements aim to reduce the risk of children being accidentally left inside vehicles and apply to all centre-based services that offer or arrange regular transportation of children.
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