Legislation & Policy

LEGISLATION

The Education and Care Services National Law, as in force in participating States and Territories, establishes a uniform regulatory and quality assurance system for children’s education and care services across Australia through national applied laws legislation. The system is referred to as the National Quality Framework for Early Childhood Education and Care. The NQF applies to most long day care, family day care, outside school hours care and preschools/kindergartens in Australia. The applicable legislation in each State and Territory is:

ACT      Education & Care Services National Law (ACT) Act 2011

NSW    Children (Education and Care Services National Law Application) Act 2010

NT       Education and Care Services (National Uniform Legislation) Act 2011        

QLD     Education and Care Services National Law (Queensland) Act 2011

SA        Education and Early Childhood Services (Registration and Standards) Act 2011

TAS      Education and Care Services National Law (Application) Act 2011

VIC      Education and Care Services National Law Act 2010

WA      Education and Care Services National Law (WA) Act 2012      

The National Law confers specified jurisdiction on 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 that is derived from the following Commonwealth Acts as in force from time to time:

Ombudsman Act 1976

Freedom of Information Act 1982

Privacy Act 1988

These Commonwealth Acts are modified by the Education and Care Services National Regulations 2011 to apply in participating States and Territories and to the Australian Children’s Education and Care Quality Authority for the purposes of the National Quality Framework for Early Childhood Education and Care.

For further information about the National Quality Framework for Early Childhood Education and Care click here.

POLICY

The Ombudsman and Commissioners are committed to providing independent and accessible complaint handling and review services as one mechanism to ensure the national regulation and quality assurance system for early childhood education and care is accountable and responsive.

We follow a range of policies to ensure that we maintain high professional standards. Where appropriate we draw on policies and guidelines issued by the Australian Information Commissioner.

Our vision, values and services are detailed in our Service Charter.