Ministers clarify transitional workforce provisions ahead of end of year regulation expiry

Ministers clarify transitional workforce provisions ahead of end of year regulation expiry

by Freya Lucas

April 30, 2021

Education Ministers around Australia have, via ACECQA, provided certainty about the transitional workforce provisions in the Education and Care Services National Regulations which are due to expire in some jurisdictions at the end of this year. 


Ministers recognise that workforce challenges have been exacerbated by COVID-19, ACECQA shared, noting that Ministers have agreed to extend and align the transitional provisions until the end of 2023, where jurisdictions have identified this need, as outlined in the table below:





Please note:

None of these transitional provisions apply in Victoria.

*Regulation 242 does not apply in NSW for educators working in a centre-based service educating and caring for 30 or more children preschool age or under.

**South Australia will adopt both the substance and timing of the existing jurisdiction-specific regulations which apply regulation 135 as if the reasons for an ECT to be absent included resignation until the end of 2023.


In addition, for some provisions the aim is to develop an ongoing evidence-based regulatory approach, prior to their expiry. Ministers will amend the relevant National Regulations before the end of this year to give effect to these decisions, ACECQA said.


Ministers acknowledged the “immense efforts” of the early childhood education and care workforce across Australia in 2020, commending the resilience and dedication shown by educators and leaders during unprecedented and uncertain times, highlighting their essential role in ensuring children’s ongoing learning and development, workforce participation and in re-building the economy.


Queries about the table which are specific to a state or territory, should be directed to the relevant Regulatory Authority.