Christmas closures and notification requirements

The Education Standards Board (ESB) is aware that many education and care services close for a routine period over Christmas and New Year, or on scheduled pupil free days.

Approved providers are reminded that section 174(2)(c) of the National Law requires notification of prescribed matters, and regulation 175(2)(a) of the National Regulations prescribes any change to a service's hours and days of operation as a notifiable matter.

Where a service's Christmas closure period or pupil free days form part of its usual operating arrangements and those arrangements have previously been advised to the ESB, the closure will generally not be considered a change to the service's hours and days of operation. In these circumstances, a further notification is not required.

However, if a closure period differs from the service's usual operating arrangements, including where closure dates vary from year to year or otherwise result in a change to the hours or days previously advised to the ESB, the approved provider should submit a notification to the ESB.

In summary, services are not required to submit a notification each year for routine Christmas closures or scheduled pupil free days where these form part of the service's normal operating arrangements already known to the ESB. Notifications are required where a closure results in a change to the service's usual operating days or hours.