As childcare approved providers would be aware, a number of changes were made through the Education and Care Services National Amendment Regulations 2017 which came into effect on 1 October 2017.

It would appear that a change in the Guide to the National Quality Framework (October 2017) (see page 433) has been made in relation to educators’ breaks such that in New South Wales, childcare centres appear to no longer have the flexibility to allow educators to have short breaks without being backfilled.

This seems to be in contrast to the Guide to the National Law and National Regulations (February 2017) (see page 91) which applied the common-sense approach of regulatory authorities (ie NSW Department of Education) to allow each educator to take breaks totalling 30 minutes off the floor per day without being backfilled.

Interestingly, the previous intent for short breaks was protected by regulatory amendments for Queensland (up to 10 minutes) and Tasmania (up to 30 minutes). But the Australian Childcare Alliance (ACA) NSW is unable to find any equivalent amendment for New South Wales to preserve the ability for childcare centres to allow each educator to take short breaks without being backfilled as long as the children are adequately supervised, cared for and not in harm’s way.

ACA NSW is of course aware of the pre-existing regulation about educator:child ratios, that is Regulation 122 – Educators must be working directly with children to be included in ratios. But previously, it was read in the context of the Guide to the National Law and National Regulations (February 2017) which allowed short breaks totalling 30 minutes per educator.

As a result, ACA NSW’s concern is that this change in effect would now oblige all NSW-based childcare centres to increase their staff levels in order to ensure compliance of educator:child ratios. This in turn would cause an increase in operational costs and put upward pressure on childcare fees. The alternative of no changes to staffing levels would risk educators being most uncomfortable or worse as human beings.

Information and clarification from ACECQA and the NSW Department of Education on their policy position and regulatory amendment approach (if any) on this issue have been sought, as well as what advice either/both have to NSW-based childcare centres, particularly if either/both can offer any practical relief or clarification that can be relied upon legally, particularly during Assessment & Rating and spot checks.

ACA NSW members will be informed of any advice received from ACECQA and/or the NSW Department of Education.