ABC: Documents reveal childcare providers' lack of understanding about NSW laws to keep kids safe

Thousands of documents released by the NSW government reveal knowledge concerns and failed tests for childcare providers. Greens MP Abigail Boyd says the regulatory approval for operators is "very lax" in the state.

Lax regulations allow "anybody" to run childcare centres, a NSW MP says, as a trove of documents reveal childcare providers' ignorance of the laws designed to keep children safe.

One childcare provider failed the "knowledge test" on childcare law three times before being granted approval to operate a childcare centre in Sydney.

Another whose centre was under review and subsequently shut down told a compliance officer she had sat the test, but said "[I] really have no idea what's in it".

The information came from thousands of documents released by the NSW education department on the regulation of child care, in response to an order from NSW upper house MP Abigail Boyd.

Detailed in the cache of documents on the regulator's actions were shocking incidents of alleged child neglect, brutal discipline and safety breaches.

The documents revealed providers' lack of knowledge about laws that are designed to protect the children in their charge.

Childcare providers failing law tests

Child care in Australia is regulated by national laws and regulations legislated by the Commonwealth government in a National Quality Framework.

The National Quality Standard (NQS) sets a benchmark for early childhood education with seven quality areas to ensure child care is safe, healthy and effective.

It's the NSW education department's job to assess, monitor and supervise the approved providers and services in NSW.

People who want to manage a childcare centre need only to be judged "fit and proper" and sit an online "knowledge assessment" to make sure they understand their responsibilities under the law.

'Just letting anybody in'

Ms Boyd said the evidence has revealed that the regulatory approval of operators was "very lax".

"They're just letting anybody in and then allowing them to jump through the hoops with quite ridiculous excuses," she said.

A 2021 coroner's report into the death of seven-month-old Jack Loh in a family daycare centre recommended the NSW government take steps to amend the law on provider approvals.

The coroner recommended that a childcare provider have an approved early childhood qualification, at least three years experience in the sector and undergo a risk-based knowledge assessment.

Jack died when sleeping in a bassinet that was too small for him in a family daycare centre in Sydney.

The coroner's recommendations were based on the lack of experience and knowledge of Jack's childcare provider.

The NSW government accepted the assessment recommendation, but rejected the other two on the grounds they weren't feasible because there was a shortage of childcare educators.

However, Ms Boyd said the coroner's recommendations should be accepted in full because children were at risk.

"What we know from the educators we're speaking to is that if you have a strong sector that has a strong regulator, that has integrity, that has accountability, you will get more people coming in and rejoining the sector," she said.

Source: Catherine Hanrahan, ABC News, "Documents reveal childcare providers' lack of understanding about NSW laws to keep kids safe", published 15 April 2025, https://www.abc.net.au/news/2025-04-15/nsw-goverment-childcare-regulation-laws-safety-documents/105159732

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ABC: Documents reveal childcare providers' lack of understanding about NSW laws to keep kids safe

Childcare providers failing law tests

'Just letting anybody in'

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