Family day care residents and visitors: regulations 163 to 166

Last reviewed: 9 November 2026. Checked against regulations 116, 163, 164, 165, 166 and 169 of the Education and Care Services National Regulations on 9 November 2026. General information, not legal advice.

Quick answer

In family day care, the approved provider must take reasonable steps to make sure that every adult living at an educator’s home, and every educator assistant, is a fit and proper person to be in the company of children (regulation 163). In NSW and Queensland that means checking their working with children check. Educators must tell the provider about any new adult moving in, or any change that may affect a resident’s suitability (r 164). While children are in care, every visitor must sign in and out (r 165), and no child may be left alone with a visitor (r 166). Each of these offences carries a penalty of up to $6,600.

The rules for people who live at, or visit, a family day care residence or venue: checks on adult residents, the educator’s duty to report, the visitor record and supervision of visitors.

Adult residents and educator assistants: regulation 163

Regulation 163 requires the approved provider to take reasonable steps to ensure two groups are fit and proper persons to be in the company of children: any person aged 18 or over who lives at a family day care residence, and any family day care educator assistant at a residence or approved venue. The maximum penalty is $6,600 for each. The provider must assess each person using the evidence the regulation sets for its state:

JurisdictionWhat the provider must consider
NSW, QueenslandThe person’s current working with children check or card (r 163(4A))
VictoriaA current working with children check or current teacher registration (r 163(4B))
TasmaniaCurrent registration to work with vulnerable people (r 163(4C))
ACT, SA, WA, NTOne of: a criminal history record check issued no more than 6 months earlier; a current working with children or vulnerable people check issued on the basis of a criminal history check; or current teacher registration (r 163(4))

For the regulation 163(4)(b) evidence, a resident who turns 18 and has applied for a working with children check or card is treated as holding it until the application is decided (r 163(5)). The state rules on who needs a check are in working with children check by state.

The educator’s duty to report: regulation 164

Under regulation 164, the provider must require each educator to tell it about, and the educator must report:

Such circumstances include a person being charged with or convicted of a sexual offence, a violent offence, or an offence involving drugs or a weapon. They also include a working with children or vulnerable people check being refused, suspended or revoked, and the person being prohibited from working with children (r 164(3)). The educator does not have to give the specific details of the circumstance, only that one exists (r 164(4)). The maximum penalty is $6,600 for the provider and for the educator.

Visitors: regulations 165 and 166

Regulation 166 applies to visitors. An adult resident who has been assessed under regulation 163 is not a visitor, but the educator still has to supervise every child adequately (National Law s 165). A resident is never a substitute educator.

The policies a family day care service needs

On top of the regulation 168 list, regulation 169 requires family day care policies and procedures on matters including:

The residence assessment is covered in family day care regulations. When a new adult moves in, it is good practice to add a step to the provider’s procedure: check the new resident and record the outcome before the next day of care.

Frequently asked questions

Do adults living in a family day care home need a working with children check?

In NSW and Queensland the approved provider must consider each adult resident's current working with children check or card (regulation 163(4A)). In other states the regulation sets equivalent evidence, such as a WWC check, a criminal history check or teacher registration.

Can a family day care educator have visitors while children are in care?

Yes, but each visitor must sign the visitor record with arrival and departure times (regulation 165) and a child must never be left alone with a visitor (regulation 166).

Does a family day care educator have to tell the provider when someone moves in?

Yes. Regulation 164 requires the educator to notify the provider of any new person aged 18 or over who lives or intends to live at the residence, and of any circumstance that may affect a resident's suitability.

What is the penalty for leaving a child alone with a visitor in family day care?

Up to $6,600 for the educator, and up to $6,600 for the approved provider if it did not take all reasonable steps to prevent it (regulation 166).

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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.