Legal advice confirms NSW Department of Education has no power to impose NSW star rating beginning 1 July 2020

Since November 2019, the Australian Childcare Alliance (ACA) NSW has publicly opposed the introduction of the then proposed star rating by the NSW Department of Education to highlight each and every service’s ratings. Legal advice now received by ACA NSW highlights how the NSW Department of Education does not have the authority to impose such a star rating format.

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ACA NSW had shared the legal advice in its entirety with the NSW Minister for Education and Early Childhood Learning (the Hon Sarah Mitchell MLC) and the NSW Department of Education and had also asked for the NSW Government’s evidence and/or legal advice that purportedly supported its proposal to introduce the star rating system. Unfortunately, by 15 May 2020, the NSW Government had not provided any. Nevertheless, ACA NSW will continue to seek the NSW Government’s evidence and/or legal advice.

Above all, ACA NSW has consistently expressed its commitment to help the NSW Department of Education to ensure that their assessment and rating process receives the highest confidence of all early childhood education and care services and reliable consistency with all other Australian jurisdictions.

PUBLISHED: 18 MAY 2020

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