Scope of the Independent Review of NSW Regulatory Authority

ACA NSW members will recall that on 25 February 2025, in light of 5 consecutive years of unbelievable breaches, extremely low enforcement actions and more, the NSW Deputy Premier & Minister for Education and Early Learning (the Hon Prue Car MP) announced an independent review of the NSW Department of Education's work in early childhood education and care as the NSW Regulatory Authority.

NOTE: This independent review is separate to the NSW Parliamentary Inquiry into NSW's early childhood education and care that was announced on 20 March 2025.

The independent review's scope was released on 21 March 2025 as follows:

The NSW Government is seeking an independent review to assure itself and the wider community that the work of the ECEC RA in NSW:

• demonstrates regulatory efficacy under the NQF
• is in line with and responsive to the NSW Government’s expectations, and
• is resourced, structured and operating adequately to meet the objectives of the NQF.

Specific matters to be addressed in the independent review include examination of:

• the trends and reasons behind them in relation to the level of compliance activity and actions in NSW
• the level of information made available to the public about the compliance performance of early childhood education and care services in NSW, and
• comparative analysis of these matters across Australian jurisdictions, including any other matters concerning regulatory efficacy.

The independent review should also consider more broadly and make recommendations for improvement in line with findings, both in relation to:

• whether the ECEC RA in NSW is doing an effective job given the national framework in which it must operate, and
• to what extent the national framework is in alignment with the NSW Government’s expectations.

This independent review will be led by former NSW Deputy Ombudsman, Mr Chris Wheeler.

By 31 May 2025, Mr Wheeler's report will be submitted to the NSW Government for their consideration, with the view that it be published by 30 June 2025.

If granted an opportunity to contribute effectively, ACA NSW looks forward to engaging with Mr Wheeler as well as the NSW Government. ACA NSW continues to advocate such that early childhood educators', teachers' and services' vocational faith are fully restored, and the benefits of early childhood education and care for all children and families are unquestioningly witnessed.

In anticipation, ACA NSW members can contribute by providing input and feedback via the form below.

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

PUBLISHED: 22 MARCH 2025