Buying a childcare centre: compliance due diligence

Last reviewed: 11 November 2026. Built from our guides on transferring a service approval (National Law sections 58 to 68), checking a rating and compliance history (regulations 167 and 173) and the record-keeping regulations cited below, each checked against the source on the dates shown on those pages. General information, not legal, financial or due diligence advice for a particular purchase: have your lawyer and accountant run the sale.

Quick answer

When you buy a childcare centre you buy its compliance position. Before you sign, check four things. The approvals: the service approval transfers only with the regulator’s consent, on joint notice at least 60 days ahead (National Law s 59 and 60), and you must already hold provider approval; Child Care Subsidy approval does not transfer. The record: the rating and when it was given, conditions and waivers, published enforcement action, and the service’s own compliance record under regulation 167. The paperwork: QIP, policies, staff, enrolment and incident records. The people: whether the roster, qualifications and early childhood teacher coverage work without the seller. This checklist covers what to ask for and where to look.

A compliance due diligence checklist for buyers of an Australian childcare centre: approvals, ratings and enforcement history, the records to inspect, and staffing.

1. Approvals and the transfer

CheckWhyRule
You (or your entity) hold provider approval, or have appliedOnly an approved provider can receive a service approval. Each person with management or control must be fit and proper.National Law s 58; see provider approval
Timetable allows joint notice 60 days before the transfer dateThe regulator can intervene over the buyer’s capability or compliance history; a transfer without consent is voids 59 to s 67
Both parties will confirm the transfer within 2 days after it takes effectA penalty applies for failing to notifys 68
Your own Child Care Subsidy provider and service approvalCCS approval belongs to the provider and does not transfer. The seller must notify the Department of Education at least 42 days before it stops operatingChild Care Provider Handbook
Conditions on the service approval, and any waiversConditions bind you after the transfer; a temporary waiver may be about to expirer 173; see waivers

The full process is in transferring a service approval.

2. Rating and compliance history

Where to look is set out in how to check a rating and compliance history.

3. Records to inspect

RecordWhat to look forRule
Quality Improvement PlanCurrent, reviewed in the last 12 months, self-assessment against the NQS and the Regulations, philosophyr 55, r 56
Policies and proceduresA complete regulation 168 set, current, reviewed, and matching practicer 168 to r 172
Staff recordsQualifications, working with children checks, first aid, the educational leader and responsible person recordsr 145 to r 152
Incident, injury, trauma and illness recordsComplete entries within 24 hours, and a pattern you can live withr 87
Enrolment recordsAuthorisations and health information complete for every childr 160 to r 162
Emergency rehearsalsEvery 3 months, documentedr 97

Use the free checklists to test samples: incident records, enrolment records, emergency and evacuation and the policy review tracker.

4. Staffing that survives the sale

After settlement

Plan your first 90 days as the new approved provider: review the policies, update the QIP, set the compliance calendar, and check every expiry date. The first 90 days guide sets out a sequence.

Frequently asked questions

Does the service approval transfer when a childcare centre is sold?

It can, but only to another approved provider and with the regulatory authority's consent. Both providers must jointly notify the regulator at least 60 days before the transfer date (National Law s 58 to 60). Child Care Subsidy approval does not transfer.

How do I check a childcare centre's compliance history before buying?

Check the rating and assessment date on ACECQA's national registers, enforcement action on StartingBlocks.gov.au and the state regulator's register, and the Child Care Subsidy enforcement register. Ask the seller for the compliance record kept under regulation 167 and to disclose any open matters.

What records should a buyer inspect?

The QIP, the regulation 168 policies, staff records, incident records, enrolment records and emergency rehearsal records, plus the current roster against ratio and qualification rules.

Ask the question in your own words

WIDEN Law answers National Quality Framework questions with inline citations to the National Law, the Regulations and the NQS, so you can check the source provision yourself.

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This page is a research summary, not legal or compliance advice. It is written in our own words from the sources linked on the page; confirm the position with your regulatory authority before relying on it for a compliance decision.