Recent documents have revealed a concerning lack of understanding among childcare providers about the laws meant to keep children safe. The findings highlight that regulations in New South Wales (NSW) are too lax, allowing virtually anyone to run childcare centres, according to NSW Member of Parliament Abigail Boyd.
One childcare provider in Sydney failed a mandatory knowledge test on childcare law three times before being granted approval to operate. Another provider, whose centre was later shut down, admitted to a compliance officer that she had taken the test but had no real understanding of its content.
The documents were made public after a request from Abigail Boyd, a member of the NSW upper house, and reveal startling incidents of child neglect, harsh discipline, and safety breaches at some centres.
The documents show that many childcare providers are unaware of critical laws that aim to protect children under their care.
Regulations and Testing
Childcare in Australia is governed by national laws set out in the National Quality Framework, which includes the National Quality Standard (NQS). This framework ensures that childcare centres meet certain standards to provide safe, healthy, and effective care for children.
In NSW, it is the responsibility of the state’s education department to assess and monitor the childcare centres. People wishing to manage a childcare centre must prove they are “fit and proper” and pass an online knowledge assessment to demonstrate their understanding of their legal responsibilities.
One manager failed the assessment twice—scoring only 28% in 2021 and 54% in 2022. The assessment marked her as “high risk,” noting that she had no qualifications or relevant experience in early childhood care. However, she managed to pass the test in July 2023 with a score of 74%, and after a brief interview, was approved to run a childcare centre in Sydney. Despite her low assessment scores, her centre is now operating under a “provisional” rating since it has not yet been fully assessed.
Serious Safety Concerns
In another instance, a childcare centre was shut down in 2021 after an inspection revealed serious safety issues. The provider was found to be transporting children in a minibus without parental consent, leaving dangerous items like matches and a Stanley knife accessible to children, and lacking necessary medical and emergency contact details for the children.
A compliance officer noted that the provider showed little understanding of her responsibilities, which was considered a major risk to the children. The provider later admitted that she had taken the “person with management or control” test years earlier but did not recall the details of it.
The centre was eventually allowed to reopen after making improvements, and in 2022, it was rated as “meeting” the NQS in all seven domains.
These cases highlight serious concerns about the effectiveness of current regulations and the need for stronger enforcement to ensure that childcare providers are properly equipped to keep children safe.
