Strategic Plan 2025–2027

This Strategic Plan outlines the purpose, the guiding principles and the priorities of the Education and Care Services Ombudsman (Ombudsman), the National Education and Care Services Freedom of Information Commissioner (FOI Commissioner) and the National Education and Care Services Privacy Commissioner (Privacy Commissioner) for the period from 14 February 2025 to 31 December 2027.

The Plan serves as a guide to what the public and our stakeholders can expect from us as we perform our role of overseeing aspects of the operations of the agencies responsible for administering the National Quality Framework for Early Childhood Education and Care (NQF). It sets out how we will perform our roles, measure our performance and engage with our stakeholders as well as how we will monitor the impact of, and seek to contribute to, reforms in relation to FOI, privacy and the early childhood education and care sector.

Who we are and what we do

The Ombudsman, the FOI Commissioner and the Privacy Commissioner (collectively the ECS Commissioners) are independent, statutory officers appointed by the Education Ministers’ Meeting under national applied laws – the Education and Care Services National Law (National Law) and the Education and Care Services National Regulations (National Regulations).

The ECS Commissioners form part of the national uniform regulatory and quality assurance system for early childhood education and care services that applies across Australia. The National Law established the Australian Children’s Education and Care Quality Authority (ACECQA) and early childhood education and care Regulatory Authorities in the 8 Australian states and territories (collectively the NQF agencies).

  • ACECQA works with all governments and the education and care sector to provide guidance, resources and services to improve outcomes for children under the NQF.
  • State and territory Regulatory Authorities are responsible for granting education and care service and provider approvals, carrying out the quality assessment and rating of services, and ensuring services meet the requirements of the National Law and National Regulations.

The National Law requires the NQF agencies to apply the Commonwealth Freedom of Information Act 1982 (FOI Act) and the Commonwealth Privacy Act 1988 (Privacy Act) and applies the Commonwealth Ombudsman Act 1976(Ombudsman Act) in relation to ACECQA. The ECS Commissioners provide independent and impartial oversight of the NQF agencies in relation to how they apply the FOI and privacy laws and how ACECQA carries out its functions. We have the same functions and powers as the Australian Information Commissioner and the Commonwealth Ombudsman.

  • The Ombudsman can investigate administrative actions that have been taken, or not taken, by ACECQA (including its contractors) in relation to its duties, functions or powers.
  • The FOI Commissioner conducts reviews of FOI decisions made by the NQF agencies and can investigate whether an agency has complied with their responsibilities under the FOI Act.
  • The Privacy Commissioner can investigate whether an NQF agency has interfered with an individual’s privacy by breaching the Australian Privacy Principles or in relation to a notifiable data breach.

The ECS Commissioners can commence an investigation after receiving a complaint or on our own motion.

The ECS Commissioners each operate independently for the purposes of the National Law. Since 2024, one person has been appointed as both the Ombudsman and Privacy Commissioner and one person as the FOI Commissioner.

Purpose

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 NQF agencies to support their decision-making and practices.

Guiding Principles

Fairness and Impartiality

We deal with complaints and reviews without bias and give everyone a reasonable chance to have their say. We are independent and impartial. We take actions and make decisions based on our independent assessment of the facts, the law and the public interest. We do not act as an advocate for any party.

Integrity and Respect

We are open, honest and transparent in our actions and decisions. We maintain high professional standards when delivering our services and we treat all people with dignity and respect.

Accessibility and Responsiveness

We adapt our approaches to meet people’s individual needs. Our services are free, and we strive to ensure everyone can access and use our information and services, including by making our written material easy to understand and using simple processes that are easy to navigate. We acknowledge applications, complaints and enquiries in a timely manner and finalise complaints and reviews as promptly as the complexity of the matter and fairness to the parties allows. If we are unable to assist, we explain why and try to suggest alternative actions.

Proportionality and Value-adding

We employ processes that are appropriate for the effective and efficient resolution of a complaint or review and ensure complainants and review applicants are given realistic expectations about what can be achieved. We aim to work constructively with the parties and resolve issues by agreement where possible. We aim to bring about improvements in the practices of the NQF agencies where possible, including by sharing what we learn through handling complaints and reviews and by sharing useful resources.

Priorities

The ECS Commissioner roles are undertaken on a part-time basis. Within this context, the key priority for our office is to deal with complaints, reviews and enquiries received from members of the public. Other priorities to be pursued during the period of this Plan are:

  • strengthening relationships with the NQF agencies and other sector stakeholders to support the effectiveness of our oversight role
  • maintaining the currency and quality of the information we make available to the public and our stakeholders about our role and how we operate
  • developing, enhancing and sharing resources to support the NQF agencies in meeting their responsibilities under the FOI Act and Privacy Act.

Objectives

1. Provide independent, fair and timely complaint-handling and review services

Strategies

Implement effective investigation and review processes that are fair and as efficient and informal as a proper consideration of the issues permits.

Tailor complaint-handling processes to each complaint and seek to resolve them using flexible approaches.

Engage with NQF agencies to support their understanding of their role and responsibilities in investigations and reviews.

Engage with complainants and review applicants to ensure the accessibility of processes.

Key performance indicators

Acknowledge 100% of complaints and review applications within 5 working days.

Finalise 50% of FOI reviews within 6 months and 100% within 12 months of receipt.

Finalise 50% of complaints within 6 months and 100% within 12 months of receipt.

2. Support individuals and organisations to understand and pursue their right to complain or seek review in relation to matters under the NQF

Strategies

Support NQF agencies to provide clear information to people about their right to complain about agency actions and seek review of agency decisions.

Maintain current, relevant and easy to understand information and resources on our website about our roles and how we operate and simple ways for people to make complaints or review applications.

Refer people to complain or apply to an NQF agency in the first instance when appropriate or to another body where a complaint or application is not within the jurisdiction of the ECS Commissioners.

Key performance indicators

Review standard complaint and review rights wording once every 12 months to circulate to the NQF agencies.

Complete a review of the content of the office website once every 12 months.

Respond to 100% of complaints and applications not within the ECS Commissioners’ jurisdiction within 10 working days.

3. Support NQF agencies to meet their responsibilities under the legislation

Strategies

Provide advice and information to NQF agencies seeking guidance in carrying out their responsibilities.

Identify and share with the NQF agencies relevant information and resources from the Office of the Australian Information Commissioner, the Office of the Commonwealth Ombudsman and other bodies.

Develop and maintain bespoke guidance material and resources for NQF agencies relating to their obligations under FOI and privacy legislation.

Work with the NQF agencies to improve practices in light of any issues identified through investigations and reviews or any compliance assessments undertaken by the ECS Commissioners.

Key performance indicators

Respond to 100% of requests from NQF agencies for guidance within 5 working days.

Provide NQF agencies with updates on developments and new resources at least twice every 12 months.

NQF agencies indicate satisfaction with the assistance provided by the office in response to a request for feedback.

4. Contribute to relevant legislative and policy development

Strategies

Engage with the NQF agencies and other stakeholders to understand the environment in which the NQF agencies operate and keep abreast of trends in the early childhood education and care sector.

Monitor developments relating to the NQF as well as FOI and privacy legislation and policy, consider the implications for the ECS Commissioners and NQF agencies and draw these to the attention of stakeholders.

Respond to requests for feedback in relation to issues arising in the sector and contribute views reflecting knowledge gained in our roles.

Key performance indicators

Hold a formal consultation meeting with the NQF agencies at least once every 12 months.

Number of other stakeholder engagement activities undertaken.

Respond to 100% of requests for feedback in relation to legislative and policy proposals within the requested timeframe.

Stakeholder engagement

The ECS Commissioners seek to establish and maintain positive relationships with key stakeholders in relation to our roles. These include the members of the NQF Regulatory Practice Committee (comprising representatives of the NQF agencies and the Australian Government Department of Education) as well as the Early Childhood Policy Group and other key education and care sector stakeholders. Engagement with stakeholders enhances our understanding of the sector, including the operational environment and needs of the agencies that we regulate. It helps to promote cooperation in carrying out our roles and facilitates work at a systemic level to support better practice in information access and privacy.

We also seek to establish and maintain effective relationships with other similar bodies, particularly the Office of the Australian Information Commissioner and the Office of the Commonwealth Ombudsman which perform and exercise the same functions and powers as the ECS Commissioners with respect to Australian Government agencies. Engagement enhances mutual understanding of our roles, offers opportunities for information sharing and collaboration, and promotes consistency of practice and application of the legislation.

Accountability

The ECS Commissioners are formally accountable to the Education Ministers Meeting. Information about our activities and performance is made publicly available each year in our annual report, including:

  • how we performed against our key performance indicators, and
  • any modifications we made in applying the FOI Act, Ombudsman Act or Privacy Act which were necessary for the effective administration of these Acts for the purposes of the National Quality Framework.

The report is available on our website and tabled in each of the Commonwealth, State and Territory Parliaments.

The FOI Commissioner is required to make public FOI review decisions and the Privacy Commissioner is required to keep a register of any determinations and make it publicly available. These are published on the office website.

The office also has a Service Charter which sets out the standards of service that people can expect when dealing with the ECS Commissioners and what people can do if they are unhappy with our service or our decisions. It can be found on our website at necsopic.edu.au/about.

Review of Strategic Plan

We will monitor progress against the Strategic Plan and update the Plan if necessary during the period of the Plan to reflect any significant changes in relation to our role or the environment.

This version 14 February 2025