Education and Care Services National Law Application Act 2026
Education and Care Services National Law Application (Local Regulations) Regulations 2026
Education and Care Services National Law Application Act 2026
Education and Care Services National Law Application (Local Regulations) Regulations 2026
Western Australia
Education and Care Services National Law Application (Local Regulations) Regulations 2026
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
Part 2 — National Regulations modified
3.National Regulations modified2
4.Regulation 3 modified2
5.Regulation 4 modified2
6.Regulation 5 modified4
7.Regulation 24 modified5
8.Regulation 25 modified5
9.Regulation 25A deleted5
10.Regulation 31 modified5
11.Regulations 32B to 32E inserted6
32B.Conditions on service approval—restrictions on engaging or registering educators operating at residence or venue with swimming pool or outdoor spa6
32C.Condition on service approval—register of residences and venues with swimming pool, outdoor spa or hazardous water feature7
32D.Condition on service approval—safety devices for swimming pools and outdoor spas8
32E.Condition on service approval—water hazard safety inspections9
12.Regulation 38 modified10
13.Regulation 62 modified10
14.Regulation 63 modified11
15.Guide to Chapter 4 modified12
16.Regulation 75 modified12
17.Regulation 80 modified12
18.Regulation 84B modified12
19.Regulation 86 modified13
20.Regulation 92 modified13
21.Regulation 94 modified13
22.Regulation 98 modified13
23.Regulation 111 modified14
24.Regulations 116A to 116C deleted14
25.Regulations 116D to 116F inserted15
116D.Water hazard inspection reports conducted at family day care residence or approved family day care venue15
116E.Offences relating to water hazard safety inspection reports—approved provider17
116F.Offences relating to water hazard safety inspection reports—family day care educator18
26.Regulation 117 modified19
27.Regulation 123 modified19
28.Regulation 124 modified21
29.Regulation 160 modified22
30.Regulation 177 modified22
31.Regulation 185 modified22
32.Regulation 190 modified22
33.Regulation 192 modified23
34.Regulation 201 modified23
35.Regulation 209 modified23
36.Regulation 223 modified23
37.Regulation 227 modified24
38.Chapter 6 Part 6.3 Division 2 heading modified25
39.Regulation 236B modified25
40.Regulation 239A modified26
41.Regulation 241 modified26
42.Regulation 242 modified26
43.Regulation 254 deleted27
44.Regulation 256 modified27
45.Regulation 257 modified27
46.Regulation 369 modified28
47.Regulation 370 modified28
48.Schedule 2 heading and reference replaced29
Schedule 2 — Prescribed fees for period beginning on 17 June 2023 and ending on 30 June 2023
49.Schedule 3 of National Regulations modified30
Part 3 — Infringement Notices
50.Term used: Regulatory Authority31
51.Regulations for the purposes of Education and Care Services National Law (WA)31
Part 4 — Amendments to these regulations
52.Regulations amended32
53.Regulation 27 amended32
54.Regulation 30 deleted32
55.Regulation 32 deleted32
Schedule 1 — Forms
Education and Care Services National Law Application Act 2026
Education and Care Services National Law Application (Local Regulations) Regulations 2026
Made by the deputy of the Governor in Executive Council.
These regulations come into operation as follows —
(a)Parts 1, 2 and 3 and Schedule 1 — on 1 May 2026;
(b)Part 4 (other than regulations 53 to 55) — on the earlier of the following —
(i)1 July 2027;
(ii)the day on which regulation 55 comes into operation under paragraph (d);
(c)regulation 53 and 54 — 1 July 2027;
(d)the rest of the regulations — if the Education and Care Services National Further Amendment Regulations 2025 have effect for the purposes of Part 2 of the Act under section 13(2) of the Act — on the day on which regulation 62 of those regulations comes into operation under section 14 of the Act.
Part 2 — National Regulations modified
3.National Regulations modified
This Part modifies the National Regulations.
Note for this regulation:
See paragraph (b) of the definition of Education and Care Services National Law Regulations in section 11(1) of the Act.
In regulation 3 delete “1 January 2012.” and insert:
1 May 2026.
Note:
The note at the end of regulation 3 is to read:
The Education and Care Services National Regulations 2012 of Western Australia were repealed on 1 May 2026.
(1)In regulation 4(1) delete the definitions of:
child over preschool age
scheme commencement day
(2)In regulation 4(1) insert in alphabetical order:
authorised emergency contact, in relation to a child, means a person named in the child’s enrolment record as a person who is to be notified of an emergency involving the child if any parent of the child cannot be immediately contacted;
child over preschool age means a child who —
(a)is enrolled or registered at a school; and
(b)attends, or in the current calendar year will attend, school in grade 1 or a higher grade;
hazardous water feature, at a family day care residence or approved family day care venue, means a permanent body of water, the primary purpose for which is not swimming or bathing, that is —
(a)situated outdoors; and
(b)more than 30 cm deep; and
(c)accessible to children being educated and cared for at the residence or venue;
preschool program means an early childhood educational program delivered by a qualified early childhood teacher to children in the year that is before grade 1 of school;
safety device, for a swimming pool or outdoor spa at a family day care residence or approved family day care venue, means a device designed to —
(a)warn an educator at the residence or venue that a child being educated and cared for at the residence or venue has entered the swimming pool or outdoor spa, or the area surrounding the swimming pool or outdoor spa; or
(b)cover the swimming pool or outdoor spa in such a way that the device —
(i)cannot be easily lifted or removed by a child being educated and cared for at the residence or venue; and
(ii)would prevent such a child from entering the swimming pool or outdoor spa;
scheme commencement day means —
(a)for all participating jurisdictions other than Western Australia — 1 January 2012; and
(b)for Western Australia — 1 August 2012;
water hazard safety inspection has the meaning given in regulation 32E(1)(a);
water hazard safety inspection report has the meaning given in regulation 32E(1)(b);
(3)In regulation 4(1) in the definition of approved education and care qualification delete “qualification, in regulations 126A, 135 and 324,” and insert:
qualification
(4)In regulation 4(1A) delete the example and insert:
Example for this subregulation:
There are 33 children aged 36 months or over (not including children over preschool age) at a centre‑based service. Regulation 123(1)(c) requires 1 educator for each 10 children. In this case 4 educators would be required.
In regulation 5(2)(b) before “a service providing” insert:
in all participating jurisdictions other than Western Australia —
Note:
The note at the end of regulation 5(2)(b) is to be deleted.
In regulation 24 delete “Subject to regulation 25A, an” and insert:
An
(1)In regulation 25(1) delete “Subject to subregulation (2) and regulation 25A, in” and insert:
In
(2)Delete regulation 25(2).
Delete regulation 25A.
In regulation 31(c) delete “parents” and insert:
family members
11.Regulations 32B to 32E inserted
After regulation 32A insert:
32B.Conditions on service approval—restrictions on engaging or registering educators operating at residence or venue with swimming pool or outdoor spa
(1)A service approval for a family day care service is granted subject to the condition that the approved provider of the service must ensure that there is no swimming pool or outdoor spa at a family day care residence or approved family day care venue of the service unless —
(a)the swimming pool or outdoor spa existed at the residence or venue before 1 September 2022 (whether or not the residence or venue was a residence or venue of the service at that time); and
(b)each educator who provides education and care to children at the residence or venue was engaged by or registered with the service —
(i)before 1 September 2022; or
(ii)on or after 1 September 2022 with the approval of the Regulatory Authority under subregulation (3).
(2)A service approval for a family day care service is granted subject to the condition that the approved provider of the service must not, without the approval of the Regulatory Authority under subregulation (3), engage or register a family day care educator to provide education and care to children at a family day care residence or approved family day care venue with a swimming pool or outdoor spa.
(3)The Regulatory Authority may give written approval for the approved provider of a family day care service to engage or register a family day care educator to provide education and care to children at a family day care residence or approved family day care venue with a swimming pool or outdoor spa if —
(a)the swimming pool or outdoor spa existed at the residence or venue before 1 September 2022; and
(b)the educator was, before 1 September 2022, engaged by or registered with another family day care service to provide education and care to children at the residence or venue; and
(c)the Regulatory Authority considers exceptional circumstances exist justifying the approval.
Note for this regulation:
See section 51(5) of the Law.
32C.Condition on service approval—register of residences and venues with swimming pool, outdoor spa or hazardous water feature
(1)A service approval for a family day care service is granted subject to the condition that the approved provider of the service must —
(a)keep a register that includes the information set out in subregulation (2) in respect of each family day care residence or approved family day care venue of the service with a swimming pool, outdoor spa or hazardous water feature; and
(b)make the register available for inspection by the Regulatory Authority on request.
(2)For the purposes of subregulation (1), the register must include the following information —
(a)the name of each educator who provides education and care to children at the residence or venue;
(b)the address of the residence or venue;
(c)each swimming pool, outdoor spa and hazardous water feature that is at the residence or venue;
(d)each safety device for a swimming pool or outdoor spa that is at the residence or venue;
(e)the date on which a water hazard safety inspection of the residence or venue was last conducted.
Note for this regulation:
See section 51(5) of the Law.
32D.Condition on service approval—safety devices for swimming pools and outdoor spas
A service approval for a family day care service is granted subject to the condition that the approved provider of the service must ensure that there is, at each family day care residence or approved family day care venue of the service with a swimming pool or outdoor spa, at least 1 safety device for the swimming pool or outdoor spa.
Note for this regulation:
See section 51(5) of the Law.
32E.Condition on service approval—water hazard safety inspections
(1)A service approval for a family day care service is granted subject to the condition that the approved provider of the service must ensure that —
(a)at the times set out in subregulation (2), an inspection (a water hazard safety inspection) of each family day care residence or approved family day care venue of the service with a swimming pool, outdoor spa or hazardous water feature is conducted in accordance with this regulation to determine whether the residence or venue is a safe operating environment; and
(b)a written report (a water hazard safety inspection report) of each water hazard safety inspection is prepared and given to the approved provider in accordance with this regulation.
(2)The times for conducting a water hazard safety inspection of a family day care residence or approved family day care venue are —
(a)for the 1st inspection — within 30 days after the day on which it becomes a residence or venue of the service; and
(b)after that, at monthly intervals.
(3)A water hazard safety inspection of a family day care residence or approved family day care venue cannot be conducted by —
(a)an educator who provides education and care to children at the residence or venue; or
(b)a person who resides at the residence or venue.
(4)A water hazard safety inspection of a family day care residence or approved family day care venue may be conducted by a person who is —
(a)physically present at the residence or venue; or
(b)subject to subregulation (5), using technology that enables the person to inspect the residence or venue without being physically present (a virtual inspection).
(5)A water hazard safety inspection of a family day care residence or approved family day care venue cannot, without the written approval of the Regulatory Authority, be a virtual inspection if —
(a)the previous 2 inspections of the residence or venue were virtual inspections; or
(b)6 previous virtual inspections of the residence or venue have been conducted in the current calendar year.
Notes for this regulation:
1.See section 51(5) of the Law.
2.For water hazard safety inspection reporting requirements and offences relating to water hazard safety inspection reports see regulations 116D to 116F.
In regulation 38 delete “must” and insert:
may
(1)In regulation 62(2) delete “that is 2 years”.
(2)After regulation 62(3) insert:
(4)An education and care service in Western Australia is entitled to be given an Exceeding National Quality Standard for the education program and practice quality area if —
(a)the service has a documented arrangement for a kindergarten programme to be provided by a school for children who are educated and cared for by the service; and
(b)if the arrangement is generally available to children educated and cared for by the service, the service informs the parents of the arrangement.
(5)In subregulation (4) each of the following terms has the meaning given in regulation 368 —
kindergarten programme
provided by a school
school
(1)In regulation 63(1)(a)(iii)(B) delete “1 January 2012,” and insert:
the scheme commencement day,
(2)In regulation 63(2)(d) delete “that is 2 years”.
Note:
The note at the end of regulation 63(1)(a)(iii)(B) is to be deleted.
15.Guide to Chapter 4 modified
In the Guide to Chapter 4 after the item for Part 4.2 Division 6 insert:
Division 6A sets out requirements relating to the safe arrival of children who travel between an education and care service and any other education or early childhood service.
Division 7 sets out requirements relating to the transportation of children other than as part of an excursion.
In regulation 75(a) delete “parents” and insert:
family members
In regulation 80(1)(a), (2)(a) and (3)(a) delete “parents” and insert:
family members
In regulation 84B(m) delete “parent.” and insert:
parent or family member.
In regulation 86 after “service” (2nd occurrence) insert:
or, if a parent cannot be immediately contacted, an authorised emergency contact for the child
In regulation 92(3)(c) delete “administered;” and insert:
administered and the medical condition the medication is being used to treat;
In regulation 94(2)(a) delete “child;” and insert:
child or, if a parent of the child cannot be immediately contacted, an authorised emergency contact for the child;
(1)In regulation 98:
(a)delete “The” and insert:
(1)The
(b)delete “parents” and insert:
parents, family members, other adults who may need to be in contact about a child
(2)At the end of regulation 98 insert:
(2)The approved provider of a family day care service must ensure that, when children are being educated and cared for at a family day care residence or approved family day care venue as part of the service —
(a)educators at the residence or venue have ready access to at least 2 operating telephones or other similar means of communication to enable immediate communication to and from parents, family members, other adults who may need to be in contact about a child and emergency services; and
(b)at least 1 of the telephones or other similar means of communication referred to in paragraph (a) is kept in a fixed location at the residence or venue.
Penalty: $3300.
In regulation 111(b) delete “parents” and insert:
family members
24.Regulations 116A to 116C deleted
Delete regulations 116A to 116C.
25.Regulations 116D to 116F inserted
Before regulation 117 insert:
116D.Water hazard inspection reports conducted at family day care residence or approved family day care venue
(1)The person who conducts a water hazard safety inspection of a family day care residence or approved family day care venue of a family day care service must —
(a)when conducting the inspection, complete a water hazard safety inspection checklist in a form approved by the Regulatory Authority; and
(b)prepare a water hazard safety inspection report in accordance with subregulation (2) and give it to the approved provider of the service —
(i)if a safety issue relating to a swimming pool, outdoor spa or hazardous water feature is identified in the course of the inspection — within 24 hours of completing the inspection; or
(ii)in any other case — within 7 days of completing the inspection.
(2)A water hazard safety inspection report must —
(a)be in a form approved by the Regulatory Authority; and
(b)include the information set out in subregulation (3); and
(c)include the water hazard safety inspection checklist completed by the person who conducted the inspection.
(3)For the purposes of subregulation (2)(b), the information is as follows —
(a)the address of the residence or venue;
(b)the date and time of the inspection;
(c)the full name of the person who conducted the inspection and the person’s signature;
(d)whether the inspection was a virtual inspection;
(e)the type and condition of each safety device for a swimming pool or outdoor spa that is at the residence or venue;
(f)whether any safety issue relating to a swimming pool, outdoor spa or hazardous water feature was identified and, if so —
(i)a description of the safety issue; and
(ii)whether the safety issue was rectified during the inspection; and
(iii)if the safety issue has not been rectified, the action that the person who conducted the inspection considers should be taken to rectify it and mitigate risks associated with it before it is rectified; and
(iv)if relevant, an estimate of the time that is needed to complete the action referred to in subparagraph (iii);
(g)any other information required by the form approved under subregulation (2)(a).
Note for this regulation:
A water hazard safety inspection is a condition of a service approval for a family day care service: see regulation 32E.
116E.Offences relating to water hazard safety inspection reports—approved provider
(1)The approved provider of a family day care service must, as soon as practicable after being given a water hazard safety inspection report in relation to a family day care residence or approved family day care venue of the service, give a copy of it to each educator who provides education and care to children at the residence or venue.
Penalty: $6600.
(2)The approved provider of a family day care service must, within 24 hours of being given a water hazard safety inspection report that identifies a safety issue in relation to a swimming pool, outdoor spa or hazardous water feature at a family day care residence or approved family day care venue of the service, give written notice of the safety issue to the Regulatory Authority.
Penalty: $6600.
(3)If an unrectified safety issue relating to a swimming pool, outdoor spa or hazardous water feature is identified in a water hazard safety inspection report relating to a family day care residence or approved family day care venue of a family day care service, the approved provider of the service must, as soon as practicable after the safety issue is rectified, record on the report the date on which it was rectified.
Penalty: $6600.
(4)The approved provider of a family day care service must ensure that each water hazard safety inspection report in relation to a family day care residence or approved family day care venue of the service is kept at the principal office of the service until the end of 3 years after the day on which it was completed.
Penalty: $6600.
(5)The approved provider of a family day care service must ensure that each water hazard safety inspection report kept under subregulation (4) is made available on request to the Regulatory Authority.
Penalty: $6600.
(6)The approved provider of a family day care service must ensure that each water hazard safety inspection report kept under subregulation (4) in relation to a family day care residence or approved family day care venue is made available on request to a parent of a child who is educated and cared for at the residence or venue as part of the service.
Penalty: $6600.
116F.Offences relating to water hazard safety inspection reports—family day care educator
(1)A family day care educator who is given a water hazard safety inspection report in relation to the family day care residence or approved family day care venue at which the educator educates and cares for children must ensure that the report is kept at the residence or venue until the end of 3 years after the day on which it was completed.
Penalty: $6600.
(2)A family day care educator must ensure that a water hazard safety inspection report kept under subregulation (1) is made available on request to the Regulatory Authority.
Penalty: $6600.
(3)A family day care educator must ensure that a water hazard safety inspection report kept under subregulation (1) is made available on request to a parent of a child who is educated and cared for at the residence or venue.
Penalty: $6600.
Delete regulation 117(1)(b) and insert:
(b)is either —
(i)1 metre or less above floor level; or
(ii)if the residence or family day care venue was approved before 1 December 2014 — 75 cm or less above floor level.
Note:
The note at the end of regulation 117(1) is to be deleted.
(1)At the beginning of regulation 123 insert:
(1A)In this regulation —
emergency, in relation to a child, means a serious and unexpected short‑term care emergency that requires the child to be provided with immediate education and care.
(2)Delete regulation 123(1)(c) and (d) and insert:
(c)for children aged 36 months of age or over (not including children over preschool age) — 1 educator to 10 children;
(d)for children over preschool age — the ratio set out in the Table to regulation 369.
(3)After regulation 123(1) insert:
(2A)Despite regulation 122, if an educator at a centre‑based service is not working directly with children, that educator is counted as an educator at the service for the purposes of this regulation if —
(a)the educator is present on the premises of the service; and
(b)the educator is available immediately to provide education and care to the children at the service if required; and
(c)the period of time during which the educator is not working with children is not more than 30 minutes in a day.
(4)After regulation 123(6) insert:
(7)Despite subregulations (1) and (2), for the purposes of determining the minimum number of educators required under this regulation, a child of a certain age is to be treated as up to 6 months older or 6 months younger than the child’s actual age if —
(a)the approved provider or, if the approved provider is not an individual, the nominated supervisor, of the service —
(i)is satisfied on reasonable grounds that it is developmentally appropriate for the child to be so treated; and
(ii)makes and keeps a record of that decision;
and
(b)a parent of the child has agreed with that decision and has signed the record of the decision to indicate that agreement.
Note:
The note at the end of regulation 123(6) is to be deleted.
(1)In regulation 124(2)(a) delete “preschool age or under; and” and insert:
children who are 4 years of age or under on 30 June of the current calendar year; and
(2)In regulation 124(5) delete “preschool age or under,” and insert:
4 years of age or under on 30 June of the current calendar year,
In regulation 160(3)(g) delete “parents;” and insert:
parents or any other family members;
After regulation 177(1)(d) insert:
(da)a record of a decision about a child, that affects educator to child ratios at a centre‑based service, made under regulation 123(7);
Note:
The note at the end of regulation 177(1) is to be altered by deleting the passage that begins with “The Education” and ends with “Australia.”.
In regulation 185 delete “parents” and insert:
family members
After regulation 190(h) insert:
(ha)regulation 102E(2) and (3) (requirements in relation to children embarking a means of transport);
(hb)regulation 102F(2) and (3) (requirements in relation to children disembarking a means of transport);
In regulation 192(a) delete “approved”.
In regulation 201(e) delete “Administrative Appeals Tribunal” and insert:
Administrative Review Tribunal
In regulation 209(e):
(a)in subparagraph (i) delete “Administrative Appeals Tribunal” and insert:
Administrative Review Tribunal
(b)in subparagraph (ii) delete “Administrative Appeals Tribunal Act 1975” and insert:
Administrative Review Tribunal Act 2024 (Cth)
In regulation 223(g):
(a)in subparagraph (i) delete “Administrative Appeals Tribunal” and insert:
Administrative Review Tribunal
(b)in subparagraph (ii) delete “Administrative Appeals Tribunal Act 1975” and insert:
Administrative Review Tribunal Act 2024 (Cth)
(1)In regulation 227(1) delete “(2).” and insert:
(2) and any matter prescribed in subregulation (2A).
(2)After regulation 227(2) insert:
(2A)For the purposes of section 270(5)(b) of the Law, the following matters are prescribed —
(a)proceedings commenced by an allegation made under section 188AB of the Law that grounds for disciplinary action exist;
(b)any order made in such proceedings.
(3)In regulation 227(3) after “information” insert:
in relation to an enforcement action
(4)After regulation 227(3) insert:
(3A)The following information in relation to a matter prescribed in subregulation (2A) may be published —
(a)the nature of the allegation made under section 188AB of the Law that grounds for disciplinary action exist;
(b)the provision of the Law that there has been a failure, or alleged failure, to comply with, and the circumstances of that failure, or alleged failure;
(c)any relevant dates regarding the proceedings or any order made;
(d)information about the content of any order made, and the reasons given for the making of the order.
38.Chapter 6 Part 6.3 Division 2 heading modified
In the heading to Chapter 6 Part 6.3 Division 2 delete “17 April 2023” and insert:
17 June 2023
In regulation 236B(1), (2) and (3) delete “17 April 2023” and insert:
17 June 2023
Note: The heading to amended regulation 236B is to read:
Prescribed fees and other fees between 17 June 2023 and 30 June 2023
(1)Delete regulation 239A(1) and insert:
(1)This regulation applies until 31 December 2026 to a centre‑based service that is located in a remote area or a very remote area.
(2)In regulation 239A(2) delete “or 272(1A)”.
(1)At the beginning of regulation 241 insert:
(1A)In this regulation —
interstate preschool program means a preschool program as defined in the Education and Care Services National Law section 5(1), set out in the Schedule to the Education and Care Services National Law Act 2010 (Vic) section 5(1).
(2)In regulation 241(1)(e) and (f) delete “a preschool” and insert:
an interstate preschool
(1)Delete regulation 242(1) and insert:
(1)This regulation applies until 31 December 2026.
(2)Delete regulation 242(3) and insert:
(3)In this regulation —
relevant regulation means regulation 130, 131, 132, 133, 134 or 379.
Delete regulation 254.
Delete regulation 256(3) and insert:
(3)In this regulation —
prescribed regulation means regulation 239, 248, 250, 251 or 383.
Delete regulation 257(5) and insert:
(5)In this regulation —
prescribed regulation means regulation 239, 248, 250, 251 or 383.
Delete regulation 369(1) and insert:
(1)This regulation sets out, for children over preschool age, educator to child ratios for the purposes of regulation 123(1)(d).
Delete regulation 370(3) and insert:
(3)At least 1 of the qualified educators at the service must be a first qualified educator.
(4)In this regulation —
advanced course means a course for a qualification on the qualifications list if, in respect of the qualification, the list specifies that an individual will be recognised as a first qualified educator if the individual —
(a)has completed at least 50% of the qualification; and
(b)is continuing study towards completion of the qualification;
first qualified educator means —
(a)an educator who holds a qualification on the qualifications list that the list specifies is for the position of first qualified educator; or
(b)an educator who —
(i)is enrolled in an advanced course; and
(ii)has completed at least 50% of the course; and
(iii)is meeting the requirements for maintaining enrolment in the course; and
(iv)is making satisfactory progress towards completing the course;
qualifications list means the list of approved qualifications for working with children over preschool age for Western Australia published under regulation 137(2)(c);
qualified educator means —
(a)an educator who holds a qualification on the qualifications list that the list specifies is for the position of qualified educator; or
(b)an educator who is actively working towards a diploma, certificate III or certificate IV qualification on the qualifications list; or
(c)an educator who is a first qualified educator.
48.Schedule 2 heading and reference replaced
Delete the heading to Schedule 2 and the reference after it and insert:
Schedule 2 — Prescribed fees for period beginning on 17 June 2023 and ending on 30 June 2023
[r. 236B]
49.Schedule 3 of National Regulations modified
In Schedule 3 of the National Regulations:
(a)in the item for regulation 82(1) delete “Tobacco, drug and alcohol‑free environment” and insert:
Environment to be free from tobacco, vaping devices, vaping substances, drugs and alcohol
(b)delete the item for regulation 84;
(c)delete “Regulation 98” and insert:
Regulation 98(1), (2)
(d)delete the items for regulations 116A(1) and 116C.
Notes:
1.The note at the end of regulation 99 is to be deleted.
2.The note at the end of regulation 141(2)(b) is to be deleted.
3.The note at the end of regulation 368 is to be deleted.
4.Note 2 at the end of regulation 383 is to be deleted.
50.Term used: Regulatory Authority
In this Part —
Regulatory Authority has the meaning given in the Education and Care Services National Law (WA) section 5(1).
51.Regulations for the purposes of Education and Care Services National Law (WA)
For the purposes of the Education and Care Services National Law (WA) —
(a)an authorised officer or other person authorised by the Regulatory Authority referred to in section 291(1) of the Law are authorised officers for the purposes of the Criminal Procedure Act 2004 Part 2 in relation to infringement notices issued under that Part for an offence referred to in section 291(1) of the Law; and
(b)the Regulatory Authority may, in writing, appoint persons or classes of persons to be approved officers for the purposes of the Criminal Procedure Act 2004 Part 2; and
(c)if a person who is an authorised officer under paragraph (a) is not issued with an identity card under section 196(1) of the Law, the Regulatory Authority must issue to the person a certificate, badge or identity card identifying the person as a person authorised to issue infringement notices; and
(d)a person who is an authorised officer under paragraph (a) may show that they are an authorised officer by producing the certificate, badge or identity card issued to them under section 196(1) of the Law or paragraph (c); and
(e)the forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms.
Part 4 — Amendments to these regulations
This Part amends these regulations.
Delete regulation 27(3) and (4) and insert:
(3)After regulation 123(6) insert:
(7)A record of a decision about a child made under former subregulation (7) must be kept for a period of 3 years after the day on which the record was made.
(8)In subregulation (7) —
former subregulation (7) means subregulation (7) as in force before 1 July 2027.
Delete regulation 30.
Delete regulation 32.
[r. 51(e)]
Form 1 — Infringement notice relating to offence under Education and Care Services National Law (WA)
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INFRINGEMENT NOTICE |
Infringement |
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Alleged offender |
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Details of alleged offence |
Date or period |
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Place |
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Written law contravened |
Sectionof the Education and Care Services National Law (WA) or Regulationof the Education and Care Services National Law Regulations (WA)] |
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Details of offence |
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Date |
Date of notice |
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Issuing officer |
Name |
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Office |
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Signature |
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Modified penalty |
$_____________ |
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Penalty |
Individual |
$_____ |
You do not have to pay this amount. This is the maximum fine that can be imposed if you are prosecuted in a court and convicted of this offence. |
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Body corporate |
$_____ |
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TAKE NOTICE |
It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty to the Approved Officer* within 28 days after the date of this notice. If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold. If you need more time to pay the modified penalty, you should contact the Approved Officer* at the address below. Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. If you want this matter to be dealt with by prosecution in court, sign and date here:
__________________________________ / /20 and send this notice to the Approved Officer* at the address below within 28 days after the date of this notice. If you consider that you have good reason to have this notice withdrawn, you can write to the Approved Officer* at the address below requesting that this notice be withdrawn and setting out the reasons why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice. |
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How to pay |
By post |
Tick the relevant box below and post this notice to: Approved Officer — Education and Care Services National Law (WA) Department for Communities [Address] |
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oI want to pay the modified penalty by cheque or money order. A cheque or money order (payable to Approved Officer — Education and Care Services National Law (WA)) for the modified penalty is enclosed. oI want to pay the modified penalty by credit card. Please debit my credit card account. |
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Card type _____________________________ Cardholder name _______________________ Card number [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] Expiry date of card _____/_____ Amount $__________ Signature ____________________ Complete all details |
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*The following are approved officers for the purposes of receiving payment of modified penalties:
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Method of service |
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Date of service |
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Form 2 — Withdrawal of infringement notice relating to offence under Education and Care Services National Law (WA)
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WITHDRAWAL OF INFRINGEMENT NOTICE |
Withdrawal no. |
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Alleged offender |
Name |
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Address |
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Details of infringement notice |
Infringement notice no. |
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Date of issue |
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Details of alleged offence |
Date or period |
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Place |
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Written law contravened |
Sectionof the Education and Care Services National Law (WA) or Regulationof the Education and Care Services National Law Regulations (WA) |
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Details of offence |
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Approved Officer withdrawing notice |
Name |
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Office |
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Signature |
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Date |
Date of withdrawal |
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Withdrawal of infringement notice [*Delete whichever is not applicable] |
The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund. Your refund is enclosed. or If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to: Approved Officer — Education and Care Services National Law (WA) [Address] |
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Your signature |
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Date |
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A. O’SULLIVAN, Clerk of the Executive Council
© State of Western Australia 2026. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2026. By Authority: ANDREW JONES, Government Printer