Advertising in ECEC: Reminder on inducements and misleading claims

Approved providers, service operators and marketing teams are being reminded of their obligations under the Education and Care Services National Law when advertising or promoting early childhood education and care (ECEC) services.

While these requirements have been in place for several years, the Department of Education has reissued guidance to support compliance and reduce the risk of unlawful advertising, particularly in a competitive enrolment environment.

Under Section 159 of the National Law, it is an offence to:

• Publish or cause to be published an advertisement that is false or misleading, or
• Create an unjustified expectation about the benefits of a service.

Examples include:

• Claims that overstate the educational outcomes of a program
• Guarantees of future school entry or employment
• Comparisons that imply superiority over other services without evidence

Breaches may result in regulatory action, including warnings, compliance directions or financial penalties.

The National Law also prohibits the use of financial or non-financial inducements to encourage enrolment. This includes, but is not limited to:

• Gift cards, toys or tech giveaways
• Fee discounts offered only as ‘signing bonuses’
• Rewards for referring other families

These practices may be viewed as undue influence on family decision-making and are inconsistent with the sector’s commitment to transparency and child-centred practice.

ECEC providers and marketing teams can still promote factual and verifiable aspects of their service, such as:

• National Quality Standard rating
• Curriculum frameworks and program focus
• Staff qualifications and experience
• Facilities and operating hours
• Fees and inclusions, where drawn from an approved fee schedule

Discounted fees may be advertised if they are clearly documented, offered equitably and consistent with the service’s fee policy.

Approved providers and those involved in marketing are encouraged to:

• Audit current advertising and promotional content, including websites and enrolment materials
• Ensure any promotional offers align with the National Law and are not coercive or misleading
• Train marketing, admin and centre staff to recognise and avoid prohibited inducements
• Seek legal or compliance advice before launching campaigns, especially in high-competition markets

The full guidance is available at the Department of Education’s Advertising in early childhood education and care page.