Expanded Penalties Explained

Ever since Operation Tenterfield was revealed in August 2023, all regulatory authorities had to respond to child safety failures despite the National Quality Framework operating since January 2012.

And let us not forget:

• the confirmation from the NSW Productivity Commissioner that NSW has higher requirements above the National Quality Standards; and

• NSW has had the highest levels of breaches/non-compliances yet still has over 92% of NSW-based services Meeting the National Quality Standards or higher.  

Nevertheless, the NSW Government sought to expand the existing penalties by 300% while also introducing new ones. Of note, the following are specifically for educators/ECTs in NSW:

• the National Law's Section 174AA - Educators and other staff members of education and care service to notify certain information (Penalty: $13,500); and

• the National Law's Section 178(6) - A relevant person must not contravene a direction (Penalty: $20,400).  

The new NSW Early Learning Commission (NELC) will no doubt be overtly demonstrating its regulatory powers, as shown in the first shutdown of a NSW early childhood education and care service. 

For any further information/clarification/assistance, members can contact the ACA NSW team via 1300 556 330 or nsw@childcarealliance.org.au.

PUBLISHED: 9 FEBRUARY 2026