For residual services

Providing early childhood education and care under the State Act

Early childhood education and care services that do not fall under the Education and Care Services National Law (South Australia) Act 2010 (National Law SA) and the National Quality Framework are regulated under the Education and Early Childhood Services (Registration and Standards) Act 2011 (SA) (State Act). 

Provider and service approval must be in place before a person or legal entity begins to operate a residual service. 

Application: Provider approval for 'residual' services

Application: Service approval for 'residual' services

Our Compliance and enforcement policy outlines the Education Standards Board (Board) approach to regulating residual services. 

Residual services are regulated through a modified use of the National Law and through service-specific regulations and standards. The modifications and exclusions of the National Law relating to residual early childhood services are listed in Schedule 2 of the State Act.

Residual service types

The different types of residual services and their requirements are detailed below.

In-home care services

In-home care is a service where children are cared for in their own homes in the absence of their parents (e.g. a babysitting or nanny service). This also includes a service that introduces parents to a person who will care for the children in the parents’ home.

However, it does not include a website, or similar, allowing carers to advertise their services independently through social media. This is not what is meant by ‘providing care’. Nor is it ‘introducing’ parents to people who could care for their children.

For a legislative definition of in-home care services, see the Education and Early Childhood Services (Registration and Standards) Regulations 2011 (SA).

The Education Standards Board has developed the South Australian standards for in-home care services.

These standards were developed in consultation with in-home care providers. They form a set of operational requirements that an approved provider of an in-home care service must comply with as a condition of their service approval.

Occasional care services

Occasional care is a service that provides care for four or more children in a place other than a child’s home on an occasional basis (not all-day care) without their parent or guardian on site. These services are often attached to kindergartens. For a legislative definition, see the Education and Early Childhood Services (Registration and Standards) Regulations 2011 (SA).

Is it occasional care?

We’ve developed a decision-making flow chart to assist the early childhood services sector to define an occasional care service in South Australia. The flow chart will enable prospective providers to determine if the service they intend to provide is an occasional care service.

Occasional care service regulation flow chart

The flow chart has been developed as guidance only. Please seek further advice if necessary and/or refer to the legislation:

• Education and Early Childhood Services (Registration and Standards) Act 2011 (SA), incorporating the Education and Care Services National Law (South Australia)
• Education and Care Services National Regulations 2011

Rural and mobile care services

Rural care is a service caring for seven children or fewer in a rural community. Mobile care is a service providing care to children younger than school age at multiple locations, which transports its equipment and materials to those locations. For a legislative definition, see the Education and Early Childhood Services (Registration and Standards) Regulations 2011 (SA).

Record-keeping requirements for mobile care services

The Education Standards Board has developed a document that details the record-keeping requirements for occasional and mobile care services. It outlines key requirements relating to the:

• documents that must be kept
• the availability of documents
• accuracy of documents
• confidentiality of documents
• storage of documents.

These record-keeping requirements are mandatory, and a breach of the requirements is an offence under the National Law. The prescribed documents must be made available for inspection by one of our regulatory officers. 

Record-keeping requirements for occasional care and mobile care services

Schedule 1 early childhood services

As of 1 December 2025, nine Community Child Care Fund Restricted services in South Australia, previously outside of State regulation, have been included in the ambit of the definition of early childhood services in section 4(1) of the State Act. These services are referred to Schedule 1 early childhood services and are referenced in schedule 1 of the Education and Early Childhood Services (Registration and Standards) Regulations 2025. 

Conditions on service approval for residual services

The operational requirements in Chapter 4 of the National Regulations are modified for residual services. We are aware that some of these requirements are difficult for residual early childhood services to meet. 

Under the Education and Early Childhood Services (Registration and Standards Regulations) 2025, residual early childhood services must meet the qualification and educator to child ratios as may be determined by the board from time to time. These determinations may differ according to a specified class of residual early childhood services on a case-by-case basis.