The following is an index and summary of ACA/ACA NSW's current advocacies to date:
The following are summaries and links to the current issues that affect NSW's early childhood education and care services.
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Worsening Labour Shortages (as of 27 August 2023)
- ACA NSW continues to advocate for reasonable flexibilities in regulatory compliance without sacrificing quality for children.
- NSW Department of Education's ARTD Consultants were developing options by June 2023. However, no update has been provided to date.
- New NSW Deputy Premier and Minister for Education & Early Childhood Learning (the Hon Prue Car MP) has received 13 "low hanging" proposals.
- ACA NSW has produced a pro-forma letter for members to use for their parents explaining why some services may reduce their number of places.
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NSW Department of Education invited proposals to streamline waiver applications.
- ACA NSW is working on a domestic and overseas recruitment platform.
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ACECQA's proposed changes to the notification period to 1-5 days for Assessments & Ratings (as of 27 August 2023)
- Senior representatives of the NSW Department of Education have attended in-person ACA NSW's Inner Circle and Hub Huddles to discuss and seek input.
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WA Regulatory Authority confirmed to ACA NSW that they were not be implementing the change to the notification period until 2024.
- NSW Department of Education agreed to develop a protocol for considering deferral of A&Rs due to key personnel not being available.
- ACA NSW continues to advocate for the NSW Department of Education to defer the change given the current challenges already facing the sector.
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Assessments & Ratings (as of 27 August 2023)
- ACA NSW showed the NSW Department of Education (and NSW Government) that NSW's Quality Ratings (ie Quality Area 1 and overall Quality Rating) are comparatively lower than other Australian jurisdictions despite NSW having higher staffing requirements.
- NSW's Self-Assessment Working Document portal is due potentially in August/September 2023.
- The NSW Department of Education's Data Sub-Group has provided an initial response to ACA NSW's concerns about NSW's Quality Ratings compared to other jurisdictions.
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NSW's higher regulatory requirements than all other Australian states
- NSW Productivity Commissioner & NSW Small Business Commissioners published 4 reports confirming NSW's higher regulatory requirements that cost $3,000/child/year more than other Australian jurisdictions.
- NSW Department of Education's ARTD Consultants report due by June 2023 on more reasonable regulations without sacrificing quality for children.
- New NSW Minister for Education & Early Childhood Learning had public discussion with ACA NSW on the problems with higher regulatory requirements without any superior benefits.
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NSW's Start Strong funding
- ACA NSW has advised the NSW Department of Education that using a week in February as the "representative week" is not reasonable to calculate Start Strong funding for the entire year.
- ACA NSW has written to the Federal Department of Education seeking data access for the NSW Department of Education to get appropriate enrolment and attendance data
- 75%/25% funding distribution for the Affordability component was achieved and implemented for 2023Q1.
- The core Start Strong component, Affordable Preschool component and 3-year-old trial funding component combined corrects the legacy that put NSW's preschool funding investment in long daycare services as lowest or second lowest in the nation since 2014.
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NSW Labor Government's 100 new preschools on school grounds (as of 27 August 2023)
- NSW Labor clarified its election policy that these 100+50 preschools will only be built where there is insufficient supply.
- New NSW Deputy Premier and Minister for Education & Early Childhood Learning reaffirmed the need for proper demand analysis before introducing these 100 new preschools.
- Via her first video broadcast, the new NSW Deputy Premier and Minister also provided reassurance by stating "... we do so in a way that doesn't take away from existing services where they are and already delivering. We want to be plugging gaps."
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Multi-Employer Bargaining (as of 27 August 2023)
- Commence on 6 June 2023 with the first hearing at the Fair Work Commission held on 17-18 August 2023.
- Unions are seeking wage increases of 25% (above Fair Work Commission's Awards' rates).
- ACA National have engaged with the Federal Government seeking solutions to pay for such increases to avoid fee increases.
- There are members-only webinar with ACA's industrial relations lawyers on timeline and future actions.
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NSW's Universal Preschool (formerly known as Universal Pre-Kindergarten) (as of 27 August 2023)
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Then NSW Coalition Government's plan to increase preschool children's enrolments and attendances by up to 5-days/week by 2030.
- Then NSW Coalition Government's intention was to also effectively fund gap fees in order to achieve higher enrolments/attendances.
- 72 services chosen as pilots underway since February 2023.
- The NSW Labor Government is yet to announce any changes other than its name (ie to Universal Preschool programme).
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NSW's Childcare and Economic Opportunity Fund (as of 27 August 2023)
- The NSW Childcare and Economic Opportunity Fund Act 2022 legislation was passed in October 2022.
- The Fund requires independent market monitoring reports to be produced at least every 2 years to identify demand and supply gaps across NSW.
- The new board has apparently met a few times thus far.
- However, the NSW Department of Education intends to address the building of new
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ACCC Pricing Inquiry & NSW IPART Review on Fee Affordability, Accessibility and Quality (as of 27 August 2023)
- ACA National has provided updates, advice and FAQs, including legal advice from Clayton Utz.
- ACA NSW made its submission to improve IPART's terms of reference.
- Regular updates have been and will continue to be provided via ACA NSW What's The Buzz Meetings.
- ACCC Interim Report was released on 5 July 2023 with many positive observations for existing services.
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Increases in Child Care Subsidies (as of 27 Agust 2023)
- Increases of up to 90% CCS and household income threshold commenced 1 July 2023.
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In February 2023, a proposed Universal 90% CCS (eg a flat 90% subsidy) was referred to the Productivity Commission for advice (including a review of all operational costs, including Inclusion Support).
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Review into Inclusion Support
- As part of the ACCC Pricing Inquiry, inclusion support is also being reviewed.
- ACA National had already contributed via the Senate's Select Committee on Work and Care (see March 2023 report).
- ACA NSW is likewise exploring alternatives to the existing Inclusion Support Program.
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NSW's Brighter Beginnings (as of 27 August 2023)
- A joint initiative between the NSW Department of Education and NSW Health.
- 12-month trial began from 1 July 2023.
- Broader offerings than StEPS for preschool children at all early childhood education and care services.
- The second 12-months beginning 1 July 2024 will see significant increases in Education and Health personnel to deliver more support.
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NSW's OSHC/BASC Reform Trials (as of 27 August 2023)
- Originally a 6-month trial across 9 schools (ie Terms 3-4 of 2022), the then NSW Coalition Government extended the trial to end 30 June 2023.
- NSW Department of Education still expected to release a report on the reform trials, especially how regulatory changes may occur.
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27 questions/concerns raised by ACA NSW to the NSW Department of Education have not yet been answered.
- ACA NSW has been consistent in asking the NSW Department of Education to publish children's outcomes.
- NSW Deputy Premier announced the cancellation of the flexible school hours trial on 14 August 2023. However, the NSW Labor Government remained unclear about learning from the OSHC/BASC Reform Trials that was conducted.
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Preschool Outcomes Measures
- The then Federal Coalition Government established an Expert Group in 2021 to publish a report on preschool outcomes measures by 2022.
- This report has not been published. Instead, the Federal Labor Government changed the Expert Group's terms of reference, making it an advisory body to the Federal Department of Education.
- ACA NSW met with the new Federal Minister for Early Childhood Education (the Hon Dr Anne Aly MP) and sought preschool outcomes and measures to be determined and published, especially their correlation with existing Quality Ratings.
- Preschool children's outcomes and how they are measured are also discussed significantly with the NSW Department of Education.
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English Proficiency
- ACA NSW shared the IELTS reports with the Federal Minister for Early Childhood Education and the then NSW Minister for Education, showing that only a minority (24.9%) of native English speakers globally were able to achieve the scores of 7s and 8s (as required by ACECQA and the NSW Education Standards Authority).
- ACA NSW has asked both tiers of government to lower the (unreasonable) English proficiency standard to scores of 6s which will then enable overseas educators and teachers to practice in Australia with functional English.
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NSW State Environmental Planning Policy (Transport & Infrastructure) (SEPP)
- New and combined SEPP was introduced in 2021 following its original introduction in 2017.
- The SEPP standardised regulatory powers, leaving NSW local councils to regulate on zoning and car parking grounds.
- The SEPP was a catalyst for oversupply during 2017-2019.
- ACA NSW continues to seek the re-introduction of proximity requirements, which was supported by PlanningNSW but not adopted by the then NSW Minister for Planning.
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EYLF & MTOP version 2.0
- ACA NSW had written to the then NSW Minister for Education seeking clarification about the projected improvements in terms of Quality Area 1 and overall Quality Areas, as well as the projected outcomes and benefits.
- ACA NSW has also sought clarification from the NSW Department of Education with respect to changes in Version 2.0 and how they will be considered during future Assessments & Ratings.
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OneMusic
- ACA National provided legal advice on OneMusic's licensing for use of music at ECEC services.
For any further information/clarification, please contact the ACA NSW team via 1300 556 330 or nsw@childcarealliance.org.au.
LAST UPDATED: 14 NOVEMBER 2023
PUBLISHED: 31 MARCH 2023