Tasmania’s regulator confirms family day care restrictions are policy choice, not law

Two services face closure as regulator enforces interpretation it admits is a reversal  of past practice, with no government support for affected families or educators.

Two Tasmanian family day care services are facing closure after the state’s early  childhood regulator confirmed that its ban on dual-educator operating models is a  policy decision to align with national consistency, not a requirement of the  legislation. 

Abracadabra Family Day Care in Spreyton and Addisons Family Day Care in Latrobe both operate models where two educators provide care from the same property in  physically separate environments. Between them, they provide education and care places for families in communities where no other options exist. 

The regulator, now known as ECRA (Early Childhood Regulatory Authority), has confirmed in correspondence with approved provider Thrive Group Tasmania that the restriction preventing two educators from operating at the same property (even  with complete physical separation and no shared facilities) is what it describes as a “policy decision to align with national consistency.” 

Critically, the regulator has also acknowledged that this represents a change from its own past practice. ECRA has conceded it is “reflecting on past practice in light of new information regarding the application of the legislation” and is now “moving to implement it as it has been written and intended.”

Thrive Group Tasmania CEO Ed Beswick said the regulator’s own admissions confirmed what independent legal advice had long concluded: that there is nothing in  the National Law or National Regulations that explicitly prohibits dual-educator models. 

“The regulator is not saying the law requires this - it’s saying it has made a policy  decision,” Mr Beswick said. “That’s an important distinction, because it means this is  a choice, and choices can be reconsidered when they are causing demonstrable  harm to families and communities.” 

“These educators didn’t set out to circumvent any rules. They entered into these  arrangements because they couldn’t afford to operate independently in the current housing market, and because their communities needed them. Now they’re being  told to “more towards compliance” which in practice means one of them needs to close, and the regulator has confirmed there is no government funding, no grants,  and no further support available to help them transition.”

No Government Support 

When asked whether any state or federal government initiatives exist to support affected educators, the regulator confirmed it was not aware of any, no funding to help educators find alternative premises, no grants, and no loan provisions. 

Mr Beswick said this left educators in an impossible position. 

“The regulator is retrospectively enforcing a policy interpretation that will have the impact of shutting down services and closing the door on future services being registered, and neither the state nor federal government has any mechanism to help the educators or the families who depend on them,” he said. 

“At Addisons in Latrobe, one educator is personally funding a property subdivision at significant cost, with no material change to the way care is actually delivered. At Abracadabra in Spreyton, the educator is losing her premises entirely due to  financial viability. These are real consequences for real people in communities that are already underserved.” 

National Reform Needed 

The Productivity Commission has recommended reform in this area, with Recommendation 5.3 of its recent inquiry supporting greater flexibility in family day care operating models. South Australia already permits dual-educator models and has done so without adverse outcomes. 

A coalition of stakeholders including the Tasmanian Family Day Care Advocacy Alliance, The Parenthood, 23 South Australian regional councils through the SA Regional Child Care and Development Partnership, and the Family Day Care  Association have called for Regulation 124 to be reformed at the national level.

Mr Beswick said the issue was now being pursued through the national Early Childhood Reform Working Group and the National Education Ministers Meeting. 

“This isn’t just a Tasmanian problem. Across rural and regional Australia, family day care is often the only viable model for delivering education and care. When regulators apply rigid interpretations that shut down services in communities where no alternatives exist, they are making a choice that harms children and families,” Mr  Beswick said. 

“The Tasmanian regulator has confirmed this restriction is policy, not law. The Minister has declined to exercise the exemption powers available under the legislation. And no one in government has offered a single dollar to help the families and educators caught in the middle. Something has to change.”

Background 

Thrive Group Tasmania is a not-for-profit organisation operating 26 early childhood education and care services across rural and remote Tasmania, including a family  day care network. Thrive operates in market-failure communities where commercial  providers are unable or unwilling to deliver services. 

Tasmania’s family day care sector has declined by approximately 30% since 2018, according to the regulator’s own figures. The enforcement of the dual-educator  restriction will result in the further loss of education and care places in communities  with no alternative providers. 

A parliamentary petition calling for reform has been tabled by Anita Dow MHA. The  matter has received bipartisan support from Tasmanian parliamentarians including  Senator Tammy Tyrrell, Miriam Beswick MHA, Janie Finlay MHA, and Josh Willie.