The Department of Education has recently announced updates to the Disability Standards for Education 2005 (the Standards), which now include early childhood education and care (ECEC) service providers.
The Department's announcement can be found here.
Summary of changes
From 1 August 2026, the Disability Standards for Education 2005 formally apply to early childhood education and care (ECEC) services that:
- are approved under the Child Care Subsidy Scheme (as defined in section 194G of the A New Tax System (Family Assistance) (Administration) Act 1999);
- are service providers under the National Quality Framework (regulated under the Education and Care Services National Law Act 2010); or
- are service providers approved under a State or Territory law.
These changes are affected through inserted definitions of approved provider, educational early childhood service, educational early childhood service provider under sections 1.4 and 2.1A of the Standards. Practically, these new provisions operate to include most centre based care, family daycare, in-home care and outside school hours care services, including vacation care. In addition, the Standards continue to cover preschools and kindergartens.
The expanded Standards clarify existing obligations under section 24 of the Disability Discrimination Act 1992 and confirm that children with disability have the right to access, enrol in, and participate in ECEC services on the same basis as all other children.
Crucially, requirements set out in Parts 4 to 8 of the Standards regarding:
- Enrolment;
- Participation;
- Curriculum development, accreditation and delivery;
- Support services; and
- Eliminating harassment and victimisation
now apply to ECEC service providers as if they were education providers who are educational institutions.
Additionally, section 1.5 makes clear that the Standards apply to:
- ECEC services as if they were courses or programs offered by education providers, and regardless of the mode used to deliver said services; and
- persons who provide a service of developing or accrediting curricula, learning frameworks or training courses to, or for use by, an ECEC service provider
A copy of the updated Standards can be found here.
New resources
Updated resources provided by the Department of Education can be found here:
Additionally, the Australia Children's Education and Care Quality Authority (ACECQA) has developed new guidance material and resources for ECEC services providers, including:
More resources can be accessed from the Department of Education website and ACECQA Resources page.
Please do not hesitate to contact us if you would like to discuss any of the changes, and how they might impact your services in more detail.
