Members of the Australian Childcare Alliance (ACA) NSW would be aware of its request to the NSW Minister for Education and Early Childhood Learning (the Hon Sarah Mitchell MLC) and her Department on 1 May 2020 seeking clarification about the NSW Government's power to impose their proposed new star rating from 1 July 2020 on all NSW-based services. Members would also know that 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.
The NSW Department of Education's response dated 25 May 2020 confirms that:
"the law does not prescribe the format in which ratings are displayed
nor does it restrict regulatory authorities
in how they choose to provide the certificate or rating for display".
The NSW Government's response is in line with the legal advice received by ACA NSW, thereby implying that NSW-based services do not have to accept the NSW Department of Education's proposed star format. In fact, in accordance with Regulation 172, services only need to display the following information so that it is clearly visible to anyone from the main entrance to the education and care service premises:
- the provider approval;
- the service approval;
- each nominated supervisor of the service;
- the rating of the service;
- any service waivers or temporary waivers held by the service;
- any other prescribed matters.
ACA NSW will be discussing with the NSW Department of Education on 28 May 2020 about anticipated instances beginning 1 July 2020 where NSW-based services refuse to display their proposed star rating format in preference of another that is legally compliant with the National Law and National Regulations. ACA NSW members will be kept informed of our discussions with the NSW Department of Education.
PUBLISHED: 26 MAY 2020