Raising the Bar: 29 services face NQS deadlines amid Department oversight delays

As reported by The Sector the Department of Education has launched its first round of compliance actions under new strengthened regulatory powers, targeting 29 early childhood education and care (ECEC) services.

 

The Department of Education has launched its first round of compliance actions under strengthened regulatory powers, targeting 29 early childhood education and care (ECEC) services that have persistently failed to meet national safety and quality benchmarks.

 

The names of the services have been published on the Enforcement Action Register, with conditions imposed.

 

Breakdown of Services

 

The 29 listed services include:

 

• 10 family day care services
• 10 centre-based services
• 9 outside school hours care (OSHC) services

 

A subset of seven services has been specifically noted as having changed ownership since their last assessment. In these cases, the current approved provider did not operate the service when the existing National Quality Standard (NQS) rating was issued. This suggests a transfer of approval, often due to a business transition or sector exit.

 

This provides the new approved providers with the opportunity to focus on identified Working Towards NQS standards and elements and move the service to a Meeting or Exceeding rating.

 

The services include:

 

• Edge Early Learning Port Pirie – SA (centre-based): Last rated in 2019 (six years ago). Rated Working Towards in Quality Areas 1, 2 and 5; Meeting in Areas 3, 4 and 7; Exceeding in Area 6.
• Discovery Kids St Lukes – WA (OSHC): Last rated in 2020 (five years ago). Working Towards in Areas 1, 2, 5, 6 and 7; Meeting in Areas 3 and 4.
• Kinderpark Early Learning Centre Dianella – WA (centre-based): Last rated in 2021 (four years ago). Working Towards in six of seven quality areas; Meeting in Area 6.
• Kinderpark Early Learning Centre Ellenbrook – WA (centre-based): Last rated in 2020 (five years ago). Working Towards in six areas; Meeting in Area 5.
• Super Stars Early Learning Centre & OSHC – WA (centre-based): Last rated in 2021 (four years ago). Working Towards in Areas 1, 2 and 7; Meeting in all others.
• Kids Active Hillside – WA (OSHC): Last rated in 2023 (two years ago). Working Towards in Areas 2, 3 and 7; Meeting in four other areas.
• Zig Zags OSHC Camboon – WA (OSHC): Last rated in 2020 (five years ago). Working Towards in Areas 1, 2, 5, 6 and 7; Meeting in Areas 3 and 4.

 

Enforcement Conditions

 

Providers of these services are subject to the following conditions:

 

• They must be reassessed as Meeting NQS within either six or nine months of the condition being imposed.
• If a new NQS rating is issued within twelve months, the provider must notify the Department within five business days.

 

The remaining 22 services must be reassessed as Meeting the National Quality Standard (NQS) within six months from August 2025 of the condition being imposed.

 

If a new rating is issued within twelve months, the provider must notify the Department within five business days. 

 

The provider must also inform families within two days of the imposed condition and, where applicable, provide updates regarding areas rated Working Towards NQS.

 

Analysis of the Starting Blocks website indicates that the last quality assessments for the 29 services were conducted between three and six years ago.

 

The Q2 2025 ACECQA NQF Snapshot confirms that 11 services nationally are currently rated ‘Significant Improvement Required’. Importantly, none of these services appear in the Department of Education’s first enforcement round of 29 centres.

 

Of these 11 services, nine are centre-based services and two are family day care services, all of which were assessed within the last 12 to 24 months.

The Snapshot also highlights encouraging workforce and quality trends:

 

• The proportion of services with a staffing waiver continues to decline from 10% in Q3 2023 to 9.2% in Q2 2024, and now 7.4% in Q2 2025.
• Staffing waivers are generally temporary and most often linked to challenges in meeting the requirement for an early childhood teacher (ECT) on staff.
• 91% of services are rated Meeting NQS or above, reflecting the sector’s strong commitment to quality.
• 69% of services initially rated Working Towards NQS improved their rating at reassessment, demonstrating the value of continuous improvement and the regulatory system’s focus on lifting quality.

 

NQF-regulated children’s education and care services include long day care, outside school hours care and family day care services, as well as most preschools and kindergartens.

 

The Snapshot provides an overview of sector quality, staffing and regulatory outcomes and is supported by interactive data tools and downloadable datasets.

 

The NQS Rating System

 

Under the National Law and Regulations the rating levels are:

 

• Excellent – awarded by ACECQA
• Exceeding NQS
• Meeting NQS
• Working Towards NQS
• Significant Improvement Required
• Provisional – Not Yet Assessed (for services awaiting assessment)

 

The NQS framework includes seven quality areas, made up of 15 standards and 40 elements. To achieve a rating of Meeting NQS, a service must meet all 40 elements. If even one element is not met within a standard, the service is automatically rated as Working Towards NQS.

 

All services are legally required to display their rating certificate.

 

Assessment, Reassessment and Voluntary Reassessment

 

• Initial assessment considers the service’s Quality Improvement Plan (QIP), rating history, and compliance record, alongside observation and evidence (Regulation 63).
• Reassessments may be full or partial. Partial reassessments may address specific risk areas, changes in operations, or trends, and can sometimes be completed by desktop review.

 

Where a service is only failing to meet a small number of elements, a provider may apply for a voluntary reassessment. Assessors will be seeking evidence of embedded practice and alignment with Meeting or Exceeding criteria.

 

Provider Review Options

 

First tier review (National Law, ss. 141–143, 190–191):

 

• Must be lodged within 14 calendar days via the NQA IT System.
• Must be completed within 30 days, extendable up to 60 days in special circumstances (e.g. natural disaster, illness).

 

Second tier review (National Law, ss. 144–151; Regulation 69):

• Must be lodged with ACECQA within 14 days of the first tier outcome.
• Conducted by an expert ratings review panel within 60 days.
• Decisions are binding, with no further appeal rights.

 

Pressure on Regulatory Resources

 

The combined effect of reassessments, voluntary reviews and enforcement action raises important questions about regulatory capacity. With both announced and unannounced visits already scheduled across the sector, regulatory authorities may face increasing pressure to meet statutory timeframes while maintaining consistent quality assurance.