Service Charter

This Service Charter sets out the standards of service you can expect when dealing with the Education and Care Services Ombudsman, the National Education and Care Services Freedom of Information Commissioner and the National Education and Care Services Privacy Commissioner (collectively the ECS Commissioners). It also sets out what you can do if you are unhappy with a decision we make or about our service.

Who we are and what we do

The ECS Commissioners form part of the national uniform regulatory and quality assurance system that applies to early childhood education and care services across Australia under the Education and Care Services National Law (National Law). This system is referred to as the National Quality Framework.

The National Law established the Australian Children’s Education and Care Quality Authority (ACECQA) and early childhood education and care services Regulatory Authorities in the 8 states and territories. The ECS Commissioners oversee how ACECQA and the Regulatory Authorities apply the Freedom of Information Act 1982 (Cth) and the Privacy Act 1988 (Cth) and how ACECQA carries out its functions.

Our purpose and guiding principles

We support public confidence in the integrity, fairness and transparency of the agencies responsible for the regulation and quality assurance of early childhood education and care services in Australia by:

  • providing independent, fair and accessible complaint-handling, review and advisory services, primarily in relation to the protection of privacy and information access rights, and
  • working collaboratively with the agencies to support their decision-making and practices.

We are committed to the following guiding principles:

  • Fairness and Impartiality
  • Integrity and Respect
  • Accessibility and Responsiveness
  • Proportionality and Value-adding

More information about these principles can be found in our Strategic Plan 2025–2027 on our website at necsopic.edu.au/about.

Making a complaint, enquiry or review application

You can use our online forms to:

  • make a complaint about ACECQA
  • make an FOI or privacy complaint about ACECQA or a Regulatory Authority, or
  • apply for review of an FOI decision made by ACECQA or a Regulatory Authority.

We prefer if you use our online forms to help ensure we have the information we need to assess your complaint or review application. Alternatively, you can download a form or write a letter and send it to us by email or post.

We accept enquiries by email, post and telephone.

  • Email address: enquiry@necsopic.edu.au
  • Postal address: NECSOPIC, PO Box 177, CARLTON SOUTH VIC 3053
  • Telephone: 03 9910 9868 (A voicemail service is available if we are unavailable to answer your call.)
  • Website: edu.au

Our service commitment

When you contact us, you can expect that we will:

  • be courteous, respectful and willing to listen
  • give careful attention to your concerns to ensure that we understand your complaint
  • help people who need assistance to formulate their complaints, questions and review applications
  • communicate in a clear way about what we can and cannot do, how we can assist you and what we require from you to proceed with a matter
  • refer you to the most appropriate alternative complaint-handling body if we are unable to assist you with your complaint or propose some other strategy
  • keep you informed about the progress of your complaint or review application
  • assess all of the information provided by you, the agency you complained about and any other relevant third parties in a fair and impartial way and provide reasons for our decisions, and
  • maintain confidentiality where appropriate and possible.

The ECS Commissioners work part time. Within this context we aim to:

  • acknowledge receipt of your complaint or review application within 5 working days
  • decide whether your complaint or review application is within our jurisdiction within 10 working days
  • return any telephone calls from you within 5 working days, and
  • respond to written communication from you in a timely manner: if the matter will take more time as it is complex, we will let you know
  • finalise your complaint or review within 6 months but it may take longer depending on the complexity of the complaint or review.

What we need from you

To help us provide you with the best service possible, we expect that you will:

  • raise your concerns directly with ACECQA or the relevant state or territory Regulatory Authority before lodging a complaint with us
  • tell us if you have special requirements, such as requiring assistance from an interpreter
  • be courteous, respectful and willing to listen
  • give us accurate information and respond to our requests for information in a timely manner
  • inform us as soon as possible if you need to update any information you have given us or you wish to withdraw your complaint or review application.

What we can do

If we investigate a complaint, there are a range of possible outcomes. We may:

  • give you (or recommend that the agency give you) a better explanation of the relevant decision or process
  • expedite delayed action
  • recommend that a decision be reconsidered, an apology be offered or that policies or processes be reviewed or changed
  • in complaints about an interference with privacy, make a declaration that the affected person is entitled to compensation for any loss or damage suffered
  • determine that the actions taken by the agency were reasonable in all of the circumstances and take no further action.

When the FOI Commissioner reviews an FOI decision, the decision can be confirmed or changed. The FOI Commissioner can vary a decision or set it aside and substitute a different decision.

What you can do if you are unhappy with our service or our decision

If you are unhappy with our service, or you feel you have not been treated in accordance with our Service Charter, as a first step you should raise your concerns directly with us by email or telephone.

If you are unhappy with a decision we make, you may be able to seek a review. We will advise of your review rights when we inform you of the outcome of our investigation or review. Where you have a right to appeal to a tribunal or a court, we will provide you with the relevant details. Further information can be found on our website at necsopic.edu.au/complaints/review-of-our-decisions.

Service Charter review

We regularly monitor our performance against this Service Charter to assess ways to make further improvements. The Service Charter is reviewed annually by 31 December.

This version 14 February 2025
Next scheduled review date December 2025