To open a childcare centre under the National Quality Framework you need two approvals from your state or territory regulatory authority: a provider approval (for the person or organisation, recognised nationally) and a service approval (for each site and type of care). The regulator must decide a complete provider application within 60 days and a service application within 90 days. Each person with management or control must be fit and proper. Applications go through the NQA ITS portal. Child Care Subsidy approval is a separate Commonwealth process that can only follow National Law approval.
The sequence, what each application must contain, the conditions that attach to a new service, and what you must have in place in the first months.
The regulator may ask applicants to complete an online knowledge assessment or an interview. ACECQA also offers a National Law and Child Care Subsidy approval course whose completion certificate can be submitted with an application. See ACECQA’s opening a new service page for the current process.
A provider approval lets a person or organisation apply for service approvals anywhere in Australia. An application by an organisation must include, among other things (regulation 15):
Each PMC must be a fit and proper person. In assessing criminal history the regulator must consider whether the person holds a current working with children check or card (or is a registered teacher) where the jurisdiction has a working with children law, and, except in Queensland, any matters in a criminal history record check (regulation 16). Each PMC completes ACECQA’s declaration of fitness and propriety. The regulator must decide within 60 calendar days of receiving a complete application. In NSW, the regulator’s guidance says a service approval must be applied for within 12 months of receiving provider approval.
A centre-based service application must include (regulation 24):
It must also include premises information (regulation 25), including the street address and plans prepared by a building practitioner showing buildings, play and shaded areas, entries and exits, fences and gates, toilets, nappy change and food preparation areas, landscaping and natural environments, and a building practitioner’s calculation of unencumbered indoor and outdoor space (3.25 m² and 7 m² per child). For premises in a multistorey building, the regulator also considers whether each storey has direct egress to an assembly area for safe evacuation of all children, including non-ambulatory children (regulation 27). See the premises requirements guide.
The regulator may refuse if it is not satisfied the applicant can operate the service in a way that meets the Law, the Regulations and the National Quality Standard, for example because of financial or management capacity (regulation 28). It must decide within 90 calendar days of a complete application. Family day care applications have their own requirements in regulation 26: see the family day care guide.
A new service is usually assessed and rated after it has been operating for a period. See NQS ratings explained and assessment and rating preparation.
The regulatory authority must decide a complete service approval application within 90 calendar days, and a complete provider approval application within 60 calendar days.
You need provider approval to operate, but under regulation 24 a service application can be lodged while the provider application is still being decided.
Every service approval is subject to a condition that the provider holds public liability insurance of at least $10 million, or a state or territory government policy or indemnity (regulation 29).
Plans prepared by a building practitioner showing buildings, play and shaded areas, entries and exits, fences and gates, toilets, nappy change and food areas, landscaping, unencumbered space calculations and elevations (regulation 25).
No. CCS approval is assessed separately by the Australian Government under Family Assistance Law, and can only be decided after National Law approval.
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.