ECE Regulation Amendments from 1 Jan 2025
We can all expect a lot of these in the coming months and year(s); additions, removals, or amendments to ECE regulations.
From talking to our customers we know that keeping up with changes to legislation can be time consuming and feel like chasing a moving target, with little-to-no context of changes given, and definitely no " and after" to the documentation.
We thought this before and after summary would help you; let us know if it’s something that would be of regular benefit!
Disclaimer: This blog post is for informational purposes only and is not legal advice. The changes to legislation summarized here are based on what we believe to be accurate, but there may be errors or omissions. For complete and official details, please refer to the linked legislation and amendments. Always consult a legal professional for advice specific to your situation.
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Additional requirements for licensed home-based education and care service
Regulation 28e has changed for home-based education and care services.
| Before | After |
|---|---|
Where (28e) previously said (e) for each of the service provider's licences, maintain a list of educators engaged by the service provider and evidence of each educator's home-based service qualification(s). | It now says: (e) for each of the service provider's licences, maintain a list of educators engaged by the service provider, and evidence of each educator's— (i) home-based service qualification(s); and (ii) enrolment in a course or courses offering a home-based service qualification. |
The amendment can be found here: Regulation 28 amended
Then, Schedule 1A (Qualification requirements: home-based education and care services) is also amended and it appears the above is clarified -
Starting on 1 January 2025 educators who are already working at a licensed home-based education and care service must either (a) hold a home-based service qualification; or (b) by 1 July 2025, enrol in a course offering a home-based service qualification and complete the qualification in the timeline they specify.
Any educator who joins a licenced home-based education and care service must meet the same criteria, though the 1 July 2025 deadline is replaced by "within 6 months of joining the licenced home-based education and care service."
| Before | After |
|---|---|
Where Schedule 1A previously said From 1 January 2025 - Eighty percent of educators must hold home-based service qualification From 1 January 2025 - Within 6 months of joining a licensed home-based education and care service, educators without a home-based service qualification must be enrolled in a course offering a home-based service qualification and they must complete the qualification— (a) within 4 years of enrolment, if the qualification is an early childhood teaching qualification at level 7 or above on the Qualifications Framework; or (b) within 2 years of enrolment, for any other qualification | It now says: Starting on 1 January 2025 - Educators who are already working at a licensed home-based education and care service must— (a) hold a home-based service qualification; or (b) by 1 July 2025, enrol in a course offering a home-based service qualification and complete the qualification — (i) within 4 years of enrolment, if the qualification is an early childhood teaching qualification at level 7 or above on the Qualifications Framework; or (ii) within 2 years of enrolment, for any other qualification |
These changes to Schedule 1A have superceded the previous requirement for 80% of home-based educators to hold home-based service qualifications by 1 Jan 2025.
The specific amendment (including timeframes to become qualified) can be found here: Schedule 1A amended
Regulation 44(3A) about calculating percentage-based requirements for home-based education has been revoked
The detailed process for assessing percentages on a month-by-month basis in home-based care have been removed, such as "in any given month, educators can only count towards the required percentage if they provide a home-based education and care services on at least 4 days in that month."
| Before | After |
|---|---|
Where (3A) previously said For the purposes of applying the percentage-based requirements in Schedule 1A,— (a) for every licensed home-based education and care service, percentages are assessed on a month-by-month basis (starting on the first day of each month and ending on the last day of each month): (b) in any given month, educators can only count towards the required percentage if they provide a home-based education and care service on at least 4 days in that month: (c) in any given month, educators can only count towards 1 licence of a service provider that they work for in that month: (d) for the purpose of calculating percentages to determine compliance with regulation 11(1)(a), paragraph (b) does not apply: (e) if the application of this schedule results in a number of educators who must hold a home-based service qualification that is not a whole number, the number of educators required is determined as follows: (i) any number of educators that includes a fraction of 0.5 or more must be rounded up to the nearest whole number; and (ii) any number of educators that includes a fraction of less than 0.5 must be rounded down to the nearest whole number. | It has been: (Revoked) |
All other regulations relating to Qualificiations, ratios, and service-size standard: general, remain unchanged.
The amendment can be found here: Regulation 44(3A) revoked
Month-based time limitation on "persons responsible" for a home-based centre has been altered.
A person responsible for a licensed home-based education and care service must not act as a person responsible for more than 1 licensed early childhood service at the same time.
The stipulation "for more than 2 licensed early childhood services in any month" has been removed from Regulation 62(2).
| Before | After |
|---|---|
Where (62)(2) previously said A person responsible for a licensed home-based education and care service must not act as a person responsible— (a) for more than 1 licensed early childhood service at the same time: (b) for more than 2 licensed early childhood services in any month. | It now says: A person responsible for a licensed home-based education and care service must not act as a person responsible for more than 1 licensed early childhood service at the same time. |
The amendment can be found here: Regulation 62 amended
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