Since 1 August 2026 the Disability Standards for Education 2005 apply to early childhood education and care services that are approved to administer the Child Care Subsidy or must deliver a program based on an approved learning framework, including centre-based day care, family day care, in home care and OSHC with vacation care. Children with disability have the right to access and participate on the same basis as other children, to reasonable adjustments, and to be protected from mistreatment. Services must consult families about adjustments and meet standards for enrolment, participation, the program, support services, and harassment and victimisation. The Standards clarify duties that already existed under the Disability Discrimination Act 1992.
Who the Standards now cover, what each part requires of a childcare service, examples of discrimination regulators have flagged, and how to update enrolment and inclusion practice.
The Standards apply to “educational early childhood service providers” (sections 1.5(2) and 2.1A): services approved to administer CCS or legally required to deliver an education program based on an approved learning framework. That includes centre-based care, family day care, in home care and outside school hours care, including vacation care (Department of Education).
| Part | What it means for a service |
|---|---|
| Part 3: Reasonable adjustments | Make reasonable adjustments so a child can access and participate on the same basis; consult the child and family (section 3.5); decide on and provide adjustments within a reasonable time (sections 3.6, 3.7) |
| Part 4: Enrolment | A child with disability can seek and be offered enrolment on the same basis as other children, with reasonable adjustments |
| Part 5: Participation | Access to programs, routines, excursions and activities on the same basis |
| Part 6: Curriculum | The educational program is designed and delivered so the child can participate, with adjusted experiences where needed |
| Part 7: Support services | Access to support services, and facilitating specialised support where needed |
| Part 8: Harassment and victimisation | Policies and strategies to prevent harassment and victimisation of children with disability |
Source: Disability Standards for Education 2005 (compilation, 1 August 2026). The Disability Discrimination Act’s exceptions, including unjustifiable hardship, still apply, but must be assessed case by case.
Source: VECRA.
Yes, since 1 August 2026, to services approved to administer the Child Care Subsidy or legally required to deliver a program based on an approved learning framework, including centre-based care, family day care, in home care and OSHC.
Refusing enrolment because of a child's disability is direct discrimination. Services must consider reasonable adjustments, consult the family, and offer enrolment on the same basis as other children; the Disability Discrimination Act's limited exceptions, such as unjustifiable hardship, are assessed case by case.
VECRA gives a blanket toilet-training requirement for enrolment as an example of indirect discrimination, because it can disadvantage children with disability or developmental delay.
A measure or action that helps a child with disability access and participate on the same basis as other children, decided after consulting the child and family and balancing the child's interests with those of others.
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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