In December 2009, all Australian Governments agreed to a new National Quality Framework (NQF) for Early Childhood Education and Care. As of 1 January 2012, the majority of early childhood education and care services in Queensland fall under the NQF.
The NQF includes a national legislative framework that consists of the Education and Care Services National Law Act 2010 
(the National Law) and the Education and Care Services National Regulations 2011 (National Regulations).
The legislation applies to long day care, family day care, outside school hours care, pre-Prep and kindergarten services, and replaces the Child Care Act 2002 (the Act) and the Child Care Regulation 2003 (the Regulations) for these services.
The National Law provides the broad architecture for the NQF, with the National Regulations providing detailed requirements for services.
The NQF was established under an applied law system. An applied law system is a way of establishing national laws. The host jurisdiction (in this case Victoria) passed the National Law and other jurisdictions followed, adopting the law and passing corresponding legislation.
Queensland education and care services must therefore refer to the following pieces of legislation:
for Queensland-specific contextual provisions (passed in Victoria) which applies to all states and territories equally.The National Law also establishes the Australian Children's Education and Care Quality Authority (ACECQA) , which is responsible for ensuring the NQF is implemented consistently across all states and territories.
The Ministerial Council for Education, Early Childhood Development and Youth Affairs oversees the NQF.
Underpinning the National Law , the National Regulations set new National Quality Standards for long day care, family day care, outside school hours care, pre-Prep and kindergarten services across Australia.
The National Regulations provide detail about application processes and approvals, minimum requirements relating to the operation of education and care services, the process for the assessment and rating of services and transitional arrangements to move existing services to the new system.
The National Regulations were developed via a collaborative process drawing on the experiences and knowledge of stakeholder representatives, all states and territories and the Australian Government to reflect both a continuing focus on outcomes for children and the need for reduced regulatory burden for services.
Further information about the National Regulations is provided at the below links:
Supervisor Certificates - process and forms
Updated information on transitional arrangements for existing licensees
Supervisor Certificates and Nominated Supervisors
15 months up to 36 months educator to child ratios
Educator-to-child ratios - Implications for Queensland
Building requirements
Working with children check
Key changes for outside school hours care
Key changes for long day care services
Key changes for family day care
Key changes for kindergarten services
The following handouts were used at the NQF information sessions to promote further thinking about key changes under the NQF:
Excursions - Family Day Care and Outside School Hours Care - Handouts
Ratios - Long Day Care and Kindergarten - Handouts
Learning frameworks - Family Day Care and Outside School Hours Care - Handouts
Physical environment - Long Day Care and Kindergarten - Handout
Educational leadership - Long Day Care and Kindergarten - Handout
Some services which were licensed under the Child Care Act 2002 are initially excluded from the NQF. These Queensland licensed services will continue to be regulated under the Child Care Act 2002 and the Child Care Regulations 2003.
Queensland services are not required to keep a hard copy of the National Law and National Regulations . Having ready access to them is sufficient. Services seeking to keep hard copies may print them by clicking on the links above.
However, official copies of the Education and Care Services National Law Act 2010 (Vic) can be purchased from Information Victoria by calling 1300 366 356 or Anstat Pty Ltd by calling (03) 9278 1133.
Printed copies of the National Regulations can be ordered from Salmat, who offer a 'Print on Demand' service for Acts and Regulations published on the NSW Legislation website.
Orders can be made over the phone by credit card by calling 1300 725 628. Quotes can be requested by sending an email to bookshop@salmat.com.au.
This information was prepared by the Office for Early Childhood Education and Care to assist users of the Education and Care Services National Law Act 2010 and the Education and Care Services National Regulation 2011 to understand the requirements of important provisions. If there are any inconsistencies between this information and the legislation, the legislation must be followed. You should refer to the legislation to properly understand its requirement.
For further information contact the Child Care Information Service to speak to an Early Childhood Officer at the nearest Department of Education and Training regional office 134k.
Telephone: 1800 637 711* (24 hours, 7 days)
Email: ECIS@deta.qld.gov.au
This page was last reviewed on 12 Mar 2012
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© The State of Queensland (Department of Education, Training and Employment) 2011.
