Closing or suspending a childcare service

Last reviewed: 9 November 2026. Checked against sections 70, 84, 85, 86, 173 and 174 of the Education and Care Services National Law and regulations 40, 175, 176, 183 and 184 of the National Regulations, on 9 November 2026. General information, not legal advice.

Quick answer

Closing a service temporarily for an incident, such as a flood or fire, must be notified to the regulator within 24 hours (regulation 175(2)(b), r 176). A planned break of up to 12 months is a voluntary suspension (National Law s 85): give parents at least 14 days’ notice before you apply, and the regulator decides within 30 days. Closing permanently means surrendering the service approval by written notice (s 86), with at least 14 days’ notice to parents before the surrender takes effect. A change to operating hours or days is notified within 7 days. Records must still be kept for the regulation 183 periods after the service closes.

The notices and timeframes when a childcare service closes for a day, pauses for months, or shuts for good, and what happens to the records.

Which process applies

SituationProcessNotice to parentsNotice to the regulator
An incident forces the service to close, or to take fewer children, for a period (flood, fire, loss of power or water)Notification under r 175(2)(b)Not set by this regulation; tell families straight awayWithin 24 hours (r 176(2)(b))
Permanent change to opening hours or daysNotification under r 175(2)(a)Fee or significant policy changes need 14 days (r 172)Within 7 days (r 176(2)(c))
Planned pause of up to 12 monthsVoluntary suspension, s 85At least 14 days before applyingWritten application with the regulation 40 details; decided within 30 days
Permanent closureSurrender of service approval, s 86At least 14 days before the surrender dateWritten notice naming the surrender date
Selling instead of closingTransfer of service approval, s 59See the transfer guideNotice of intended transfer

Unplanned closures

Regulation 175(2)(b) requires notice of any incident that makes the approved provider close the service, or reduce the number of children attending, for a period. The regulation gives a flood or fire that closes the premises, or part of them, during repairs as an example. It must be in writing within 24 hours of the incident, and is usually lodged through the NQA IT System. If the event is also a serious incident (for example, emergency services attended) it is notified as one; see serious incident notification. Separately, regulation 175(2)(c) requires notice of any circumstance at the service that poses a risk to children’s health, safety or wellbeing.

Have the emergency and evacuation procedures in place before it happens. They should say who decides to close, how parents are contacted, and how children are handed over safely.

Voluntary suspension (up to 12 months)

Separately, if a service approved more than 6 months ago has still not started operating (or has not started within a time agreed with the regulator), the provider must notify the regulator (s 173(1)(c)). Not starting within 6 months is also a ground for the regulator to suspend the approval (s 70(1)(h)).

Permanent closure: surrender

If the provider itself is in financial trouble, the appointment of receivers, liquidators or administrators, or anything else that affects the service’s financial viability and continued operation, must be notified within 7 days (r 175(1)(b), r 176(1)).

When the regulator suspends or cancels

If the regulator suspends or cancels an approval as a compliance action, it can require the provider to give parents written notice of the suspension or cancellation and its effect. Failing to do so carries a maximum penalty of $10,200 for an individual or $51,600 otherwise (s 84). See compliance notices and enforcement.

Records after closing

Closing the service does not end the duty to keep records for the periods in regulation 183:

If the service is transferred rather than closed, records for children currently enrolled pass to the new provider on the transfer date, but only with a parent’s consent (r 184). See record retention periods. The Child Care Subsidy has its own notice and record rules; see CCS provider obligations.

Frequently asked questions

How much notice must a childcare centre give before closing?

To close permanently, an approved provider surrenders the service approval and must notify parents at least 14 days before the surrender takes effect (National Law s 86(3)). For a voluntary suspension, parents must be told at least 14 days before the application is made (s 85(4)).

Does a childcare centre have to notify the regulator if it closes for a day?

If an incident requires the service to close or reduce the number of children for a period, yes: within 24 hours under regulations 175(2)(b) and 176(2)(b).

How long can a childcare service be suspended voluntarily?

Up to 12 months under section 85 of the National Law. The regulator must decide within 30 days of the application.

What happens to records when a childcare centre closes?

They must still be kept for the regulation 183 periods. Child incident records are kept until the child turns 25, and most other records for 3 years.

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.

14-day free trial, no card →

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.