The cost of non-compliance for childcare providers

Last reviewed: 11 November 2026. Penalty figures checked against the Education and Care Services National Law, Victorian authorised version 027 (in force, legislation.vic.gov.au) on 11 November 2026. Background in our guides on approved provider obligations, compliance notices and enforcement, out-of-ratio penalties and Child Care Subsidy sanctions. Figures are the maximums in the National Law; actual outcomes depend on the facts. General information, not legal or financial advice.

Quick answer

For an approved provider, non-compliance costs money in five ways. Penalties: the most serious National Law offences carry maximums of $34,200 for an individual and $172,200 for a company, and ignoring a compliance notice carries up to $103,200 for a company. Funding: since 3 August 2025 the Department of Education can impose conditions on, suspend or cancel Child Care Subsidy approval on safety and quality grounds. Reputation: enforcement action from the past 2 years appears on StartingBlocks.gov.au, where families compare services. Operations: conditions, staff suspension directions, and suspension or cancellation of the service approval. Time: responding to notices, show cause processes and reassessment. This page sets the figures side by side.

What a compliance failure can cost a childcare provider: National Law penalties, enforcement notices, Child Care Subsidy sanctions, published enforcement and the rating, set against what prevention costs.

1. Penalties under the National Law

OffenceSectionIndividualCompany or other
Children not adequately superviseds 165$34,200$172,200
Not protecting children from harm and hazardss 167$34,200$172,200
Out of ratio or educators not qualified for the roles 169$34,200$172,200
No nominated supervisors 161$17,100$86,100
No responsible person present (centre-based)s 162$17,100$86,100
Program not based on an approved learning frameworks 168$13,500$68,700

These are maximum penalties a court can impose; many offences also bind the nominated supervisor, and some can be dealt with by infringement notice. The full table is in approved provider obligations.

2. Notices and directions

ToolSectionIf not complied with (individual / other)
Compliance direction (breach of a prescribed regulation, at least 14 days to comply)s 176$6,600 / $34,200
Compliance notice (breach of any provision, at least 14 days)s 177$20,400 / $103,200
Emergency action notice (immediate risk, at most 14 days)s 179$20,400 / $103,200
Suspension or supervision direction for a staff member or nominated supervisors 178A to 178C$20,400 / $103,200
Training direction for a nominated supervisor, staff member or volunteers 178D, 178E$20,400 (individual)
Engaging a person under a prohibition notice, knowing or when you ought to knows 188$68,700 / $344,700

The regulator can also suspend or cancel the service approval (ss 70 to 79). See compliance notices and enforcement.

3. Child Care Subsidy

Since 3 August 2025, the Department of Education can impose conditions on, suspend or cancel a provider’s Child Care Subsidy approval, or refuse a new service, where quality and safety considerations are not met. Those considerations include NQS ratings and improvement, serious incidents, complaints and breaches of safety laws. For most services, losing CCS approval is a larger cost than any fine. See Child Care Subsidy sanctions.

4. What families can see

See how families check a rating and compliance history.

5. What prevention costs

Most of the breaches behind these figures are routine: ratio gaps at the edges of the day, out-of-date policies, late notifications, missing records. See common compliance breaches. Catching them costs time and a system:

No tool removes the risk: compliance depends on practice in the rooms, and the regulatory authority decides it.

Frequently asked questions

What is the maximum fine for a childcare centre in Australia?

Under the National Law, the highest maximum penalties for an approved provider are $34,200 for an individual and $172,200 for a company, for offences such as inadequate supervision (s 165) and failing to protect children from harm (s 167). Engaging a person under a prohibition notice carries up to $344,700 for a provider that is not an individual.

Can a childcare centre lose Child Care Subsidy for non-compliance?

Yes. Since 3 August 2025 the Department of Education can impose conditions on, suspend or cancel CCS approval where quality and safety considerations, including NQS ratings, serious incidents and breaches of safety laws, are not met.

Is enforcement action against a childcare service published?

Yes. StartingBlocks.gov.au shows enforcement action from the past 2 years, and state regulators publish registers of enforcement actions.

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.