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Compliance with the law and regulations

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Approved providers, services and nominated supervisors are responsible to understand their obligations and operate according to the National Law. 

Waivers

If a service is unable to meet the requirements of the law or regulations, they may be able to apply for a waiver. This includes meeting staff to child ratios and staff qualifications requirements. 

View the waivers fact sheet or learn about the evidence required for waiver applications. 

A fee may apply to a waiver application.

Staffing ratios

The National Law sets out the minimum number of educators who need to be working with children of certain ages in certain settings. It also sets out what qualifications these educators must have. Ratio and qualification requirements are seen as critical in ensuring the best outcomes for children.

For information about ratios, see the ACECQA website.

For more information about specific requirements for South Australian services, see:

  • General educator ratios and qualifications fact sheet
  • Preschool ratios fact sheet
  • OSHC ratios fact sheet

Notifications by providers and services

Providers and services are required to notify the Education Standards Board about certain incidents and changes in circumstances. 

The types of circumstances that requires notification and legislative timeframes are set out on the website of the national regulatory authority, ACECQA.

Most applications can be submitted online via ACECQA’s website.

Learn more about when to report a serious incident and what to include in a serious incident notification.

Monitoring visits and investigations

We use a risk-based approach to encourage compliance and detect non-compliance.

We prioritise responding to and investigating complaints and incidents that fall within the regulatory priority areas, while continuing to respond to individual instances of non-compliance or emerging trends.

View the Monitoring and compliance visits fact sheet

Breaches of the law and regulations

Register of compliance action

The Education Standards Board publishes compliance and enforcement information.

Current compliance action

Historical compliance action

Main navigation

  • For families and educators
    • Complaint about an early childhood service
  • Compliance and enforcement
    • Early childhood services compliance and enforcement policy
    • Current compliance action
  • For residual services
  • For approved providers and services
    • Regulatory priorities and targets
      • Early childhood services regulatory and quality assurance framework
    • Assessment and rating
    • Compliance with the law and regulations

Learn more:

  • National Law
  • National Regulations
  • NQAITS

Contact us

Education Standards Board
GPO Box 1811
Adelaide SA 5001
Australia

Contact us
Phone
​1800 882 413
Email
educationstandardsboard@sa.gov.au
Opening hours
9 am to 5 pm
Monday to Friday

We acknowledge Aboriginal and Torres Strait Islander Australians as the First Nations people and custodians of the land on which we live, work, learn and play. We also recognise their contribution to the education and care of children. We respect Elders past, present, future and emerging.

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