Childcare in New South Wales is regulated by the Education and Care Services National Law, applied in NSW by the Children (Education and Care Services) National Law Application Act 2010, and the National Regulations, with the NSW Department of Education as the regulatory authority. The NSW-specific variations are in Part 7.3 of the Regulations: a 1:10 ratio for children aged 36 months to under 6 years instead of the national 1:11 (regulation 271); a stricter early childhood teacher scale from 25 children, rising to four teachers at 80 or more (regulation 272); no swimming pools at preschool-age centres unless pre-1996 (regulation 274); and immunisation certificates in the enrolment record under the Public Health Act 2010 (regulation 162(h)). State law adds the Working With Children Check, the Child Safe Scheme and the reportable conduct scheme under the Children’s Guardian, and mandatory reporting under the Care and Protection Act 1998.
This page is a summary of what is different in NSW. The national rules are on the guides linked from each section; this page covers only the NSW variations in the Regulations and the NSW statutes that sit beside them.
Regulation 123(1)(c) sets the national ratio for children aged 36 months or more but less than preschool age at 1:11. Regulation 271 modifies it for NSW: 1 educator to 10 children aged 36 months or more but less than 6 years. The other national ratios apply unchanged: 1:4 for birth to 24 months and 1:5 for over 24 months to 36 months. The NSW ratio calculator applies regulation 271 automatically.
Regulation 272 applies in place of the national regulations 132 to 135 for a centre-based service educating and caring for 25 or more children preschool age or under:
| Children preschool age or under on the day | Early childhood teachers required (regulation 272) |
|---|---|
| 25 to 29 | One, in attendance for at least 6 hours on that day if the service operates 50 or more hours a week, or 60 per cent of operating hours that day if less (r 272(1A)) |
| 30 to 39 | One in attendance at all times (r 272(2)) |
| 40 to 59 | Two in attendance at all times (r 272(3)) |
| 60 to 79 | Three in attendance at all times (r 272(4)) |
| 80 or more | Four in attendance at all times (r 272(5)) |
Under 25 children the national regulation 130 access rule applies (20 per cent of operating time). During a teacher’s short-term illness, leave or after a resignation, a person with an approved diploma or a primary teaching qualification may be taken to be the teacher for a maximum of 60 days in any 12-month period, pro rata for part-time teachers, and the service must keep a record of each replacement with the teacher’s name, the replacement’s qualification, the dates and the reason (r 272(6) to (9)). Regulation 11 defines “in attendance”. The early childhood teacher guide compares the NSW scale to the national one.
| Area | NSW law | What it requires of a service |
|---|---|---|
| Working with children | Child Protection (Working with Children) Act 2012 | A Working With Children Check clearance for every worker and volunteer in child-related work, verified by the employer with the Office of the Children’s Guardian; the regulation 176B and 176C 24-hour change notifications apply. |
| Child safe standards | Children’s Guardian Act 2019 (Child Safe Scheme) | Implementation of the ten Child Safe Standards, with the Children’s Guardian able to require action; the service’s regulation 168(2)(h) child safe environment policy is where compliance is shown. |
| Reportable conduct | Children’s Guardian Act 2019, Part 4 | The head of the entity notifies the Children’s Guardian of a reportable allegation against an employee or volunteer within 7 business days and reports the outcome of the investigation. |
| Mandatory reporting | Children and Young Persons (Care and Protection) Act 1998, section 27 | Persons who deliver children’s services must report to the Child Protection Helpline a child at risk of significant harm; the Mandatory Reporter Guide assists the threshold decision. |
| Immunisation | Public Health Act 2010, section 87 | No enrolment without an immunisation history statement showing the child is up to date, on a catch-up schedule or medically exempt; certificates kept in the enrolment record. |
| Food | Food Act 2003 and the Food Standards Code | Notification to the local council as a food business and a food safety supervisor where food is prepared; services for vulnerable persons are subject to Standard 3.3.1. |
| Planning and building | Environmental Planning and Assessment Act 1979, the Child Care Planning Guideline and the National Construction Code | Development consent, the Guideline’s design requirements, and Class 9b building compliance, assessed by the council and certifier rather than the regulatory authority. |
| Pools | Swimming Pools Act 1992 | Fencing and registration of any pool at a family day care residence; regulation 274 prohibits pools at preschool-age centres. |
The regulatory authority publishes its compliance and enforcement actions and its assessment and rating schedule policies on the Department of Education website, and the national registers under section 270 show every NSW service’s approval, conditions and rating. The Regulations text is the Queensland reprint, which is the cooperative scheme text applied in NSW; Part 7.3 is the NSW chapter.
One educator to 10 children aged 36 months or more but less than 6 years, under regulation 271, which modifies the national 1:11 in regulation 123(1)(c). Birth to 24 months is 1:4 and over 24 to 36 months is 1:5, as nationally.
Under regulation 272: one for 25 to 29 children preschool age or under (6 hours a day or 60 per cent of operating hours), one at all times for 30 to 39, two for 40 to 59, three for 60 to 79, and four for 80 or more. Under 25 children the national regulation 130 access requirement applies. A diploma holder or primary teacher may cover absences for up to 60 days in 12 months.
The NSW Department of Education is the regulatory authority under the National Law. It approves providers and services, assesses and rates them against the National Quality Standard, receives notifications and takes enforcement action. ACECQA is the national authority. Services outside the National Quality Framework are regulated under the Children (Education and Care Services) Supplementary Provisions Act 2011.
Not a centre-based service for children preschool age or under, unless the pool existed before 6 November 1996 (regulation 274). School-based services may keep a pool that existed, with the service operating, before 1 July 2008.
Yes. Section 87 of the Public Health Act 2010 (NSW) prohibits enrolment unless the child is fully vaccinated for age, on a recognised catch-up schedule or has a medical exemption, and regulation 162(h) requires the certificates to be kept in the enrolment record. Conscientious objection is not a ground.
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.
14-day free trial, no card →This page is a research summary, not legal or compliance advice. Element and regulation wording is reproduced from the current reprint of the National Regulations; confirm the position with your regulatory authority before relying on it for a compliance decision.