First wave of compliance actions sees 30 ECEC services flagged under strengthened Commonwealth powers

The Department of Education has launched its first round of compliance actions under new regulatory powers, targeting 30 early childhood education and care (ECEC) services found to have persistently failed to meet national safety and quality standards.

In a significant move to uphold safety and quality in the ECEC sector, the Department of Education has exercised new powers introduced under legislation passed by the Albanese Government in July to sanction services that breach key standards of the National Quality Framework (NQF).

The compliance action, announced Friday 16 August, marks the first use of the enhanced enforcement powers and applies to services identified in collaboration with state and territory regulatory authorities. These services have failed to meet the National Quality Standard (NQS) in areas relating to child health and safety over a period of more than seven years.

While the breaches do not involve criminal allegations that remain the jurisdiction of state regulators and police, the non-compliance includes significant shortcomings in areas such as play area safety, hygiene, staff training and supervision.

Under the new provisions, the Federal Government can now impose funding conditions, including suspending or cancelling Child Care Subsidy (CCS) approvals, where ECEC services consistently fail to meet NQS requirements or breach the law in ways that put children’s safety at risk. The compliance actions were announced in an official media release from the Ministers for Education and Early Childhood Education, which confirmed this is the first phase in a broader series of regulatory measures.

Affected providers have been given 48 hours to notify families of the compliance action and up to six months to demonstrate improvement. The Department will publish further updates once families have been formally informed.

Minister for Education Jason Clare described the move as a decisive step toward restoring public confidence in early learning services:

“We have taken action swiftly under the new legislation to begin rebuilding confidence in a system that parents need to have confidence in,” Mr Clare said.

“This is not about closing centres down, it’s about lifting standards up… Over the next six months, these centres will need to lift their game or they will face further consequences including the cutting off of funding.”

Minister for Early Childhood Education Jess Walsh reinforced the Government’s stance on putting children’s wellbeing first:

“There is nothing more precious than our children and we make no apologies for putting their safety and wellbeing first and foremost.

“Today’s action should signal to all early childhood education and care providers that the National Quality Standards are not optional, and that all services must be up to scratch.”

The Department of Education has confirmed this is the first phase of a broader compliance initiative, with further enforcement activity expected in the coming months. Additional measures to strengthen child safety such as accelerating work on a national workforce register, exploring the role of CCTV, and mandatory child safety training are set to be discussed by Education Ministers at a national meeting on Friday.

More information will be published on the Department’s website as the compliance process continues.