A waiver lets a service operate without meeting a specified regulation for a time. There are two kinds: a temporary waiver of up to 12 months (section 94, regulation 44) and a service waiver with no set expiry for an ongoing problem (section 87, regulation 41). Only listed regulations can be waived: mainly premises (fencing, indoor and outdoor space, ventilation and light) and staffing (ratios r 123, qualifications r 126, early childhood teachers r 130 to 134, and, for temporary waivers only, first aid r 136). Apply through the NQA ITS with reasons, evidence of attempts to comply and child safety measures. The regulator has 60 days to decide a complete application, and the new service approval showing the waiver must be displayed.
The two types, which regulations can be waived, what an application must contain, how regulators decide, and the effect on ratings.
| Temporary waiver | Service waiver | |
|---|---|---|
| Use it for | A short-term problem the service is working to fix, such as unable to recruit a qualified educator or teacher | An ongoing inability to comply, such as a building that cannot meet a premises rule |
| Length | Up to 12 months; an extension can be applied for | No set expiry; can be revoked |
| Law and regulation | Section 94, regulation 44, regulation 45 | Section 87, regulation 41, regulation 42 |
Since 27 February 2026, providers cannot apply for an ongoing service waiver of regulation 115 (premises designed to facilitate supervision); see the 2026 reforms. Since 1 October 2023, waivers cannot be sought from elements of the National Quality Standard.
Lodge it in the NQA ITS and pay the prescribed fee; see the NQA ITS guide. Incomplete applications are returned, which delays the decision.
According to ACECQA’s guidance, the regulator must be satisfied that genuine steps have been, or are being, taken to comply; that children’s safety, health and wellbeing are not compromised; and, for a temporary waiver, that there is a plan to comply by expiry. It has up to 60 days to decide a complete application. A waiver can be revoked by the regulator at any time, and the provider can ask for it to be revoked; for a service waiver, revocation takes effect 14 days after notice unless another period is agreed (regulation 43).
A waiver of a specified regulation for up to 12 months, under section 94 of the National Law and regulation 44, used while the service works to comply, for example while recruiting an early childhood teacher.
A temporary waiver lasts up to 12 months for a short-term problem. A service waiver has no set expiry and is for an ongoing inability to comply, usually with a premises requirement.
Yes. Regulation 123 is listed in both regulation 41 (service waivers) and regulation 44 (temporary waivers) for centre-based services, but the regulator must be satisfied children's safety is not compromised and genuine steps are being taken to comply.
Only by a temporary waiver: regulation 136 is listed in regulation 44 but not in regulation 41.
The regulatory authority has up to 60 days to assess a complete application. Incomplete applications are returned.
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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