Early Childhood Education and Care (Strengthening Regulation of Early Education) Act 2025 (31 of 2025)

Schedule 1   Amendments

Part 1   Provider quality and safety measures

Division 1   Amendments

A New Tax System (Family Assistance) (Administration) Act 1999

3   After section 194E

Insert:

194EA Quality and safety considerations

(1) For the purpose of paragraph 194C(ea) and subparagraph 194D(f)(va), the matters are the following:

(a) the provider's record of demonstrating commitment to, and achievement of, high quality education and care;

(b) any previous assessment of child care services of the provider (whether or not the provider currently operates, or proposes to operate, the service) done in accordance with the National Quality Standard (within the meaning of the Education and Care Services National Law), including any relevant rating level for the service;

(c) any notifications of the following by the provider in respect of child care services of the provider (whether or not the provider currently operates, or proposes to operate, the service):

(i) serious incidents that have occurred or are occurring;

(ii) occurrences of circumstances that could have resulted in the occurrence of a serious incident;

(d) any complaints of the following received by the provider, or that the Secretary is otherwise aware of, in respect of child care services of the provider (whether or not the provider currently operates, or proposes to operate, the service);

(i) serious incidents alleged to have occurred;

(ii) serious incidents alleged to be occurring;

(e) for notifications or complaints referred to in paragraphs (c) and (d) in relation to a serious incident that the Secretary reasonably believes has occurred, is occurring or is likely to occur - the nature of the serious incident;

(f) any previous or current conditions relating to quality or safety imposed on the provider's approval under section 195E or 195F;

(g) any previous or current conditions relating to quality or safety imposed on child care services of the provider (whether or not the provider currently operates, or proposes to operate, the service) under section 195E or 195F;

(h) the provider's record of non-compliance (if any) with the family assistance law;

(i) the provider's record of non-compliance (if any) with laws of the Commonwealth or a State or Territory relating to quality or safety;

(j) whether the quality and safety of child care services of the provider (whether or not the provider currently operates, or proposes to operate, the service) has improved over time and the extent of any improvement;

(k) any other matter prescribed by the Minister's rules;

(l) any other matter relating to quality or safety that the Secretary considers relevant.

(2) For the purposes of this section, serious incident has the meaning prescribed by the Minister's rules.