Every approved education and care service must have at least one nominated supervisor (section 161 of the National Law; penalty $17,100 for an individual, $86,100 otherwise). The person must meet the minimum requirements in regulation 117C: be at least 18, have adequate knowledge and understanding of the provision of education and care to children, and have the ability to effectively supervise and manage a service, with the approved provider having regard to their compliance history (section 161A). The nominee gives written consent, which goes to the regulatory authority with the section 56 notice (regulation 35) unless the nominee is the approved provider. The name is displayed at the service (regulation 173) and the person’s details, qualifications, training and working with children check sit in the staff record (regulation 146). No course or certificate is prescribed; since 2026 the child protection and child safety training in regulations 128B to 128E is.
The nominated supervisor is the person the Law holds responsible, alongside the approved provider, for the day-to-day operation of the service: supervision, discipline, protection from harm, the program, staffing, and following the service’s policies. This page sets out who can be nominated, how the nomination is made and notified, what the role is legally responsible for, how it differs from the responsible person and the educational leader, and the records and notifications that go with it.
117C Minimum requirements for a nominated supervisor
(1) For the purposes of section 161A of the Law, the prescribed minimum requirements for nomination of a person as a nominated supervisor of an education and care service are that the person must (a) have attained the age of 18 years; and (b) have adequate knowledge and understanding of the provision of education and care to children; and (c) have the ability to effectively supervise and manage an education and care service.
(2) In determining whether to nominate a person as a nominated supervisor, an approved provider of an education and care service must have regard to the following matters: (a) the history of the person’s compliance with the Law as applying in any participating jurisdiction, a former education and care services law, a children’s services law and an education law of a participating jurisdiction; (b) any decision under the Law to refuse, refuse to renew, suspend, or cancel a licence, approval, registration, certification or other authorisation granted to the person under those laws.
Source: Education and Care Services National Regulations, reprint current as at 12 August 2026. There is no prescribed qualification, no supervisor certificate (those were abolished in 2017) and no minimum years of experience. The approved provider decides whether the person has the knowledge and ability, and must be able to show how it decided. Regulators expect a diploma or teaching qualification and management experience in practice, and a nominee with a poor compliance history is the matter most often questioned.
Section 162A of the Law and regulation 128B require the nominated supervisor, the person in day-to-day charge and other specified persons to complete the jurisdiction’s child protection training (published on the ACECQA website) before the earlier of 14 days after starting or first working directly with children. Section 162B and regulations 128D and 128E add foundation child safety training (same timetable, refreshed every 2 years) and, for the person with management or control, each nominated supervisor, each person in day-to-day charge and staff who work directly with children, advanced child safety training within 3 months of starting and every 2 years. People already in the role when the amendments commenced had until 27 August 2026 for the child protection and foundation training (regulations 417 and 418; Queensland, the ACT and Victoria have modified rules). Completion dates and expiry go in the staff record under regulations 146 and 147.
The Law places many duties on the nominated supervisor directly, in parallel with the approved provider, so a breach can be prosecuted against either or both. The main ones:
| Provision | Duty |
|---|---|
| s 165 | Ensure all children are adequately supervised at all times they are in the service’s care (penalty $34,200). |
| s 166 | Ensure no child is subjected to corporal punishment or unreasonable discipline (penalty $34,200). See regulation 155. |
| s 167 | Ensure every reasonable precaution is taken to protect children from harm and from any hazard likely to cause injury (penalty $34,200). |
| s 168 | Ensure an educational program based on an approved learning framework is delivered to each child. See EYLF outcomes. |
| s 169 | Ensure the staffing requirements are met: ratios, qualifications, early childhood teacher. See regulation 123. |
| s 170 | Ensure no unauthorised person is on the premises other than under the supervision of an educator or staff member. |
| s 172, r 173 | Display the prescribed information, including their own name. |
| r 157 | Allow parents to enter the premises at any time their child is in care, subject to the safety and court-order exceptions. |
| r 170 | Take reasonable steps to ensure the service’s regulation 168 policies and procedures are followed. |
| r 117B, s 162 | May place a person in day-to-day charge and must ensure a responsible person is present at all times. |
| r 176, s 174 | Notify serious incidents within 24 hours (the approved provider’s duty, in practice carried out by the nominated supervisor). |
Penalties quoted are the National Law figures as adopted from 1 January 2026, in the case of an individual; body corporate penalties are higher. Several of these provisions are infringement-notice offences under section 291, so the regulatory authority can fine without prosecuting.
| Role | Source | What it is |
|---|---|---|
| Nominated supervisor | s 161, r 117C | The person nominated by the approved provider, with consent, who carries the operational duties above. At least one per service; a service can have more than one, and a person can be nominated supervisor of more than one service if they can discharge the duties for each. |
| Responsible person | s 162 | Whoever is physically present and in charge at a given time: the approved provider or a person with management or control, a nominated supervisor, or a person placed in day-to-day charge under regulation 117A. Recorded for every period children are in care (regulation 150). |
| Educational leader | r 118 | The suitably qualified and experienced person designated in writing to lead the educational program. A pedagogical role, not a legal-responsibility role; can be the nominated supervisor. |
| Person with management or control | s 5 | For a corporate approved provider, the people who manage the service, for example directors or an operations manager. Subject to fit and proper person assessment and to the 2026 advanced child safety training. |
None are prescribed. Regulation 117C requires the person to be at least 18, to have adequate knowledge and understanding of the provision of education and care to children, and to have the ability to effectively supervise and manage a service, and the approved provider must consider the person’s compliance history under the education and care laws. Since 2026 the child protection and child safety training in regulations 128B to 128E are mandatory for the role.
Yes. Section 56(2)(a) of the National Law requires the nominated supervisor’s written consent to the nomination to be included with the notice to the regulatory authority, unless the nominated supervisor is the approved provider. Regulators publish consent forms; the staff record should hold a copy.
By a notice under section 56 of the Law containing the information in regulation 35: the service name and approval number, a contact person, the nominee’s full name and contact details and their start date, with the written consent attached. Lodged through the NQA IT System.
Section 173 of the Law requires the approved provider to notify the regulatory authority if a nominated supervisor ceases to be employed or engaged, is removed from the role or withdraws consent, within 7 days under regulation 176. The service must still have at least one nominated supervisor (section 161) and a responsible person present at all times (section 162).
Yes, where the approved provider is an individual. No written consent is required in that case (section 56(2)(a)). A corporate approved provider nominates an individual, who must consent.
No. Section 162 requires a responsible person to be present at all times children are in care, and that can be the approved provider or a person with management or control, a nominated supervisor, or a person placed in day-to-day charge under regulation 117A with written consent. The nominated supervisor’s legal duties continue whether or not they are on site.
For example: the nominated supervisor resigns on Friday, what must happen by when? WIDEN Law answers with sections 56, 161 to 162 and 173 and the regulations cited.
14-day free trial, no card →This page is a research summary, not legal or compliance advice. Element and regulation wording is reproduced from the current reprint of the National Regulations; confirm the position with your regulatory authority before relying on it for a compliance decision.