Education and Care Regulatory Unit – latest updates and changes to legislation

Keep abreast of updates and changes to legislation and regulations.
Last updated:

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.