21 July 2021

Are you aware of the latest amendments to the Education and Care National Regulations?

On 7 July 2021 Education Ministers agreed to a number of amendments to the Education and Care National Regulations (National Regulations). The amendments pertain to:

1. Regulations about the display of quality ratings (effective 30 July 2021).

2. Transportation of children (effective 1 October 2021)

3. Workforce provisions relating to early childhood teachers (effective 30 December 2021) 

The Education and Care Services National Amendment Regulations 2021 are now available on the NSW Government legislation website and are summarised below.  Note that the most relevant amendments for the family day care sector are the first two relating to display of quality ratings and transportation of children.

Display of quality ratings

The Education and Care Services National Amendment Regulations 2021 are now available on the NSW Government legislation website.

Section 172(d) of the National Law already contains an offence where an approved provider of an education and care service fails to display the rating of the service. The rating must be clearly visible from the main entrance of the service premises.

The new amendment relates to Regulation 173 (prescribed information to be displayed) and includes a requirement that a service must display rating certificates issued by or on behalf of the Regulatory Authority, or ACECQA (if ACECQA has given the service the highest rating level) to the approved provider.

This amendment seeks to ameliorate any confusion on the part of a parent, the community or the broader sector by making a service’s quality rating more prominently visible. A new penalty of $2,000 applies if you do not comply with this amendment. Note that this amendment only applies to an approved provider, if the provider is issued a certificate referred in 173(3) on or after 30 July 2021.

Transportation of children

Children are sometimes transported, or travel on transport arranged, by children’s education and care services – for example, transport to and from the service / family day care residence and a child’s home or other location.

In 2020, the Education and Care National Amendment Regulations 2020 established new requirements for services to have in place policies and procedures for the safe transportation of children, including requirements for risk assessments and written authorisations.

In order to strengthen oversight arrangements when children are being transported under the care of an education and care service a number of additional amendments have been made to Regulations 99(4), 102(4), 102D(4), 160(3)(b) and 161.

The amendments all relate to transportation of children from education and care premises and the relevant authorisations required. Provision for transportation of children by the service is allowed, as long as it is duly authorized by the parent, or a person who has authority given by the parent, and provided that appropriate records are kept with the enrolment records. The amended regulations will come into effect on 1 October 2021.

Workforce transitional provisions

Ministers have agreed to extend and align the transitional provisions applying to early childhood teachers until the end of 2023, where jurisdictions have identified this need. In addition, for some provisions the aim is to develop an ongoing evidence-based regulatory approach, prior to their expiry. The amended regulations will come into effect on 30 December 2021.

Details of the extended provisions can be found here.

Home and Contents insurance for tenants that care

At FDCA, we understand that when starting up your business or moving to a new property, there are lots of things you need to consider.

That’s why FDCA's Home and Contents insurance is designed to cover your family day care business regardless of whether you're renting or own your property!

We’ve also developed a brochure that you can access here, to help you communicate to your landlord the unique benefits of having a family day care educator as a rental tenant.

These benefits include:

1. Long term tenants: Educators are invested in the property as both their home and their business - they are established community members.

2. Well maintained property: Educators keep the premises safe, clean and well-maintained, as required under the National Law.

3. Regular rent payments: Educators are running successful businesses. Their services are in demand, providing them with a regular income.

CLICK HERE if you would like to get a quote to cover your Home and Contents as a rental tenant, or give us a call on 1800 658 699 if your landlord would be interested in receiving more information.

Stay up to date with sector news, events and initiatives on the FDCA Facebook page

FDCA’s Facebook page houses everything from sector news and media updates, to important events info and the latest initiatives for our members.

Make sure to like and follow the page for your weekly dose of all things family day care.

This month we have our FDC Educator Hacks series, open for all educator members until this Friday 23 July 2021, along with heartwarming stories from the sector and fabulous content shared with us from you, our members.

Our Facebook page is also another way to connect with the team here at FDCA. Share your recent activities with us or send us a question, we’d love to hear from you!

Do you need a National Police Check for the new financial year?

Did you know that you're able to access an FDCA National Police Check at an exclusive, members-only price of $37.50?

This is the cheapest price on the market in Australia and it's only available to FDCA members!

Our National Police Checks are tailored for the family day care sector, which means you will save time and money.

FDCA's National Police Check can also be sent directly to an approved family day care service, meaning you and your service will get the original check results as soon as they become available.

To find out more information or to get your National Police Check for the new financial year, go to