Will the next NSW Regulatory Authority be different and better?

While over 30 changes to the National Law have been passed by the NSW Parliament on 22 October 2025, the NSW early childhood education and care sector awaits the creation and establishment of the new and independent NSW Regulatory Authority.

This new Regulatory Authority was the result of the Independent Review of the existing NSW Regulatory Authority. And it is assumed that this new entity will inherit a $50+m annual operating budget and 500+ personnel from the NSW Department of Education.

But will it balance its unbelievable levels of breach/non-compliance notices with programs and resources that are directed towards effective prevention and produce effective outcomes for children? Will it be able to demonstrate the causal association of services' quality ratings with children's outcomes (eg the Australian Early Childhood Development Census results)?

The existing NSW Regulatory Authority should continue to be lauded for its Quality Support Program. However, trust and confidence are severely eroded when services are rated as Meeting, Exceeding, or Excellent yet are deemed as High Risk or Very High Risk.

Although ACA NSW has suggested a co-regulatory approach to the NSW Government, we will also continue to advocate for a children's outcomes-focused approach and a NSW Regulatory Authority that is also accountable and transparent.

For any further information/clarification, members can contact the ACA NSW team via 1300 556 330 or nsw@childcarealliance.org.au.

PUBLISHED: 24 OCTOBER 2025