NSW turns up the heat on early learning services as compliance activity surges

New figures from the NSW Early Learning Commission reveal a significant increase in regulatory activity since the independent regulator commenced operations in December 2025, signalling a more interventionist approach to compliance and enforcement across the early childhood education and care sector.

The data, released by the NSW Government, provides the clearest indication yet of how the state's child safety and regulatory reforms are translating into practice.

The Early Learning Commission was established on 1 December 2025 following a suite of reforms introduced by the Minns Government in response to recommendations from an independent review of the sector.

The reforms included stronger enforcement powers, increased penalties, greater transparency for families and the introduction of a mobile phone ban in early learning services.

Six months on, the regulator's activity has increased across almost every key measure.

According to the latest figures:

• Commission officers conducted 4,837 visits to services, an increase of 10 per cent
• 69 per cent of visits were unannounced
• Emergency Action Notices increased by 233 per cent to 80
• Provider cancellations rose to 217
• Applications to transfer service approvals increased by 141 per cent, with 70 services seeking new operators

Taken together, the figures suggest a regulator increasingly focused on early intervention, compliance monitoring and the use of enforcement powers where concerns are identified.

The NSW Government has been clear that the reforms are intended to strengthen accountability and improve child safety outcomes.

Deputy Premier and Minister for Education and Early Learning Prue Car said the Government would continue to support high-quality providers while taking action against operators that fail to meet expected standards.

"We make no apologies for driving poor-quality operators out of the sector while supporting high-quality providers to expand," Ms Car said.

The Commission's activity reflects a broader shift away from a largely reactive compliance model towards one that emphasises prevention, monitoring and earlier intervention.

This approach aligns with recent developments across Australia, where regulators have increasingly focused on governance, provider capability and organisational culture as critical components of quality and child safety.

For approved providers, the latest figures reinforce the importance of strong governance systems and active oversight.

Regulators are increasingly looking beyond isolated incidents to assess whether providers have the systems, leadership and organisational capability required to identify and manage risks before they affect children.

Areas such as supervision, child safety, workforce management, record keeping and compliance monitoring are receiving heightened attention.

The increase in unannounced visits also serves as a reminder that regulatory compliance must be embedded in day-to-day operations rather than prepared for assessment events.

While the compliance data points to a tougher regulatory environment, the underlying objective remains child safety.

The reforms introduced over the past 12 months have focused heavily on strengthening safeguards, improving transparency and ensuring services are accountable for meeting their obligations under the National Quality Framework.

Importantly, the total number of services operating in NSW has remained relatively stable at around 6,200, suggesting that stronger enforcement activity is occurring alongside continued access to early learning services for families.

The Early Learning Commission's first six months provide a snapshot of a regulator willing to use its powers more actively than its predecessor.

For providers, the message is not simply about compliance. It is about demonstrating that governance arrangements, risk management systems and child safety practices are effective, embedded and capable of withstanding greater scrutiny.

As the Commission continues to expand its oversight activities, sector leaders are likely to face growing expectations to evidence not only compliance, but a culture of continuous improvement and accountability.

Read the NSW Government information here.