From 1 May 2026
On 1 May 2026, Western Australia transitioned its regulation of early childhood education and care services under the National Quality Framework from ‘corresponding’ legislation to ‘applied’ legislation.
This transition aligns Western Australia (WA) more closely with other Australian jurisdictions and enables future amendments to the National Law and National Regulations to be implemented in a more efficient way.
The transition means that:
- the National Law set out in the Victorian Education and Care Services National Law Act 2010, subject to some changes that preserve established WA-specific differences, has become the National Law in WA, and WA’s ‘corresponding’ Education and Care Services National Law Act 2012 is repealed.
- the National Regulations published on the NSW legislation website, subject to some changes that preserve established WA-specific differences, have become the National Regulations in WA, and WA’s ‘corresponding’ Education and Care Services National Regulations 2012 is repealed.
The ‘applied’ National Law and National Regulations in WA are now referred to as the:
- Education and Care Services National Law (WA)
- Education and Care Services National Law Regulations (WA).
The transition to ‘applied’ law resulted in some changes to section and regulation numbers and these are set out in a Table for ease of reference.
- Many of the regulation numbering changes relate to the WA-specific swimming pools regulations for Family Day Care services. Refer also to the FAQs on ‘Gradual phase-out of swimming pools and spas at family day care services (FAQ 2026-04)’.
2019 National Quality Framework (NQF) Review changes that came into effect in WA on 1 May 2026
Following the 2019 NQF Review, Education Ministers agreed in 2022 to implement a range of legislative changes. These changes were fully implemented in 2023 in all jurisdictions other than Western Australia by amendments to the National Law and the National Regulations.
The 2019 NQF Review changes were predominately to the National Regulations. WA implemented almost all of these changes in its ‘corresponding’ WA Regulations. However, the changes to the WA Law to ‘correspond’ to the National Law were not made by the Western Australian Parliament at this time.
By transitioning WA to ‘applied’ law under the Education and Care Services National Law Application Act 2026, the outstanding 2019 NQF Review changes to the National Law have now come into effect in WA.
Information on these changes was set out in the Education Care Regulation Unit’s (ECRU) ‘InFocus’ of March 2026 and details of relevant sections and regulations are set out in the Table of 2019 NQF Review provisions commencing in WA 1 May 2026.
Child safety amendments not yet commenced in Western Australia
The recent child safety amendments to the National Law and National Regulations made in December 2025 and February 2026 have commenced operation in all jurisdictions other than WA. They were tabled in WA Parliament for review on 5 May 2026 and are yet to commence operation in WA.
The WA Parliament’s review process is part of the ‘checks and balances’ legislative process for the national scheme.
More information will be provided after the parliamentary review process is concluded.
Sector participants are encouraged to comply with the amendments in advance of them coming into operation in WA to support and strengthen the child safety outcomes the amendments are intended to achieve.
The Australian Children’s Education and Care Quality Authority (ACECQA) website has a range of resources and information to support implementing the requirements.
Where to access the legislation
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 2026 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 commenced operation. The amendments relate 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 commenced operation as follows:
- On 1 September 2025:
- Regulation 82 requires services to be vape-free;
- Regulation 168 requires policies and procedures for digital technology and online environments; and
- Regulation 176 reduces notification time 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 included the ‘child safe’ principle in Element 2.2.3 and Quality Area 7.
National Regulations 239A and 242 apply until 31 December 2026.
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.
For questions on WA’s ‘applied’ legislation please contact the Education and Care Legislation and Intergovernmental Relations (ECLIR) via email eclir@communities.wa.gov.au
Key documents
Table of Legislation section and regulation numbering changes as at 1 May 2026
Table of 2019 NQF Review provisions commencing in WA 1 May 2026
FAQ 2026-02 - Applied Law FAQs - Working with Children Screening and Family Day Care
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