July 2026
Access to online version of the National Law and Regulations as they apply in WA
Following Western Australia’s transition to ‘applied’ legislation on 1 May 2026, the consolidated versions of the Education and Care Services National Law (WA) and the Education and Care Services National Law Regulations (WA) have now been published on the WA legislation website.
Information to assist the sector with the transition was published in the InFocus March 2026 edition and the 29 April Sector Update.
As previously advised, the Child Safety amendments to the National Law and National Regulations made in December 2025/early 2026 do not apply in WA as the WA Parliament’s review process is not yet completed.
More information will be provided once the timelines become clearer. Communities will convene a webinar on the Child Safety amendments closer to commencement date. In the meantime, all sector participants are encouraged to comply with the requirements in advance of them commencing to support child safety that the amendments are designed for.
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
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