# data[].attributes.headline
Child Care Centre Building Code, Regulations & Requirements 

# data[].attributes.subject
Child Care Centre Building Code, Regulations & Requirements 

# data[].attributes.attachment_link.readable_text
Whether your child care centre is a new build or an old favourite, it needs to have structural integrity, and there's a whole raft of building standards and physical environment requirements that ensure your tyke will be safe on-site and given a solid foundation for learning and play.

All building work in Australia is covered by a Building Code, and approved child care centres are regulated by the National Quality Framework (NQF), which means they must comply with the National Law and Regulations, and are assessed and rated against the National Quality Standard, which includes a Quality Area focused on physical environment.

Your service is obliged to provide safe, suitable and supportive premises, so let's look at the nuts and bolts of things.

Do child care centres have to be built lawfully?

Yes! Child care centres need to get service approval from their regulatory authority before they can operate, and as part of the application process, centre-based services must provide copies of:

Building plans for their proposed premises

The planning permit for their proposed premises (if relevant)

Proof that their premises comply with the relevant building requirements under law (e.g. a certificate of final inspection or building certificate).

Whether a centre is built from scratch or repaired, its work still has to comply with the building standards for early childhood services, and this is where the Building Code of Australia comes in.

What is the Building Code of Australia?

The Building Code of Australia sets out minimum requirements that all commercial and residential building work must comply with to ensure safety, health, amenity, accessibility and sustainability.

For early childhood centres, there are specific building standards relating to:

Egress (aka escape routes)

Fall prevention barriers

Area per person (in m2)

Window safety and sill height

Natural light

Fencing and barriers

Kitchen and laundry facilities

Toilet and washbasin numbers

Although the Code applies nationally, each state and territory has its own variations, additions and deletions. When it comes to child care, Tasmania has a specific section covering early childhood centres and school-aged care facilities, and there are Victoria-specific rules around things like facilities and floor space.

You can read the Code to drill down further, and if you're wondering what the National Construction Code is, then it's the Building Code of Australia and Plumbing Code of Australia combined.

A certifier or builder will assess building work against the Code before issuing the certificate a service needs for its approval application.

What regulatory requirements are there?

Child care is a serious responsibility, and services have to comply with numerous legislative requirements before they'll be approved by their regulatory authority - with outdoor and indoor spaces, buildings, fittings and fixtures all playing a part.

Regulations 103 to 115 set out the physical environment requirements for centre-based services, covering:

Premises, furniture, equipment and materials

Fencing of outdoor spaces

Laundry/toilet and hygiene facilities

Free space inside and outside the service

Ventilation and natural light

Administrative space

Nappy change facilities

Natural environment and shade in the outdoor space

Design of the premises to facilitate supervision of children at all times

The Building Code of Australia is subject to each state or territory's legislation, so it can be overridden by the Regulations, and the regulatory authority can impose extra measures or conditions on a centre when giving it approval. For example, the centre might have to install more toilets than the Building Code requires to ensure 'busters' have safe and easy access to them.

What does the National Quality Standard say about physical environment?

A service's National Quality Standard rating tells you how well they rate in seven quality areas, and Quality Area 3 is all about physical environment.

As a benchmark, services should provide a safe and suitable physical environment that's appropriately designed, fit for purpose, and well-kept. It should also be inclusive, have resources to support play-based learning, and be environmentally responsible.

The National Quality Standard is part of the Regulations, and all of the above standards and requirements mean that child care centres need to be solidly constructed and thoughtfully designed to provide care that's approved, well-rated, and beneficial for kids.

What Building Code changes are proposed for early education?

The Building Code of Australia gets updated as needed and there are moves afoot to change some provisions for early childhood centres in high-rise buildings.

The changes relate to fire safety, escape routes and the classification of child care centres that are in mixed-used buildings, spread over one level, or haven't got direct access to a road or open space. This document provides a good wrap-up on page 17.

Environment and ethos matters when you're looking for child care, and Toddle can help you find the right centre for your child.

To give them a great foundation for life, start your child care search here.

# data[].attributes.attachment_link.title
Child Care Centre Building Code, Regulations & Requirements - Toddle

# data[].attributes.attachment_link.description
Find and compare child care centres. Enquire today!

# data[].attributes.headline
ACECQA Quality and Safety Training Package for CCCFR 

# data[].attributes.subject
ACECQA Quality and Safety Training Package for CCCFR 

# data[].attributes.attachment_link.readable_text
What is a person with management or control?

PMCs take part in the decision-making or management of the provider. They:

are a member of the group that makes executive or legal decisions on behalf of the provider

have authority, responsibility, or significant influence over planning, directing or controlling the provider

are in charge of the day-to-day operations of the provider

are in charge of the day-to-day operations of a service.

The provider is the legal entity.

Who is a person with management or control?

Broadly, PMCs can be:

executive officers

board members

company office holders

partners in a partnership

members of the body corporate

partners or members of the organisation's governing body

service directors

service managers

authorised supervisors

people from external management agencies

people in management positions

Anyone listed as a 'responsible person' on behalf of a registered charity.

Any person who performs these roles for a provider is automatically considered a PMC. You cannot choose to omit someone as a PMC if they perform these roles.

They can be different for each organisation type. Check this table for PMCs in different organisation types.

What is a person responsible for the day-to-day operation of a service?

Providers must also identify persons responsible for the day-to-day operation of a service. We call these people 'persons responsible at the service'. They are nominated by a PMC.

Who is a person responsible for the day-to-day operation of a service?

They work in the service, taking part in the decision-making and daily operations at the service. They are commonly managers, directors or coordinators.

Broadly, persons responsible at the service can be:

service directors

service managers

coordinators.

Persons responsible at the service can be from external management agencies.

A person responsible at the service has similar obligations to a PMC, but at the service level. Check this table for the range of obligations and tasks a person responsible at the service must complete.

What are their obligations?

All approved providers must have their PMCs identified in the Child Care Subsidy System (CCSS).

Each PMC must:

have an individual PRODA account

be linked to the provider in CCSS

keep their information up to date and correct in CCSS

notify the department when they join or leave an approved provider or service

be considered fit and proper by us

have all necessary background checks

provide evidence of background checks to the department when asked.

Additionally, PMCs have a range of obligations and tasks they must perform. Check this table for the range of obligations and tasks a PMC must complete.

Why are these obligations necessary?

Approved providers receive significant amounts of public money in the form of CCS payments.

We have a responsibility to ensure early childhood education and care is delivered correctly, by responsible and law-abiding people.

Also, if PMC information is not correct in the CCSS:

we cannot contact you

we cannot communicate essential information to you

families may not get their CCS payments

we may take regulatory action, including issuing an infringement.

If you no longer have any current PMCs listed for your provider, you must email CCSassessments@education.gov.au. The process to correct this is not immediate. You will need to provide information and evidence. We expect providers to keep PMC details up to date at all times.

Can the role of PMC be delegated?

Yes. However, if a person fills a role identified in this table, they are a PMC regardless.

Some providers have formal delegations. They establish these through:

governance rules

constitutions, or

acts of parliament.

Example: A regional manager for a large provider. While the directors of the company are taken to be PMCs, the regional manager is also a PMC. This is because they make executive decisions of behalf of the provider.

Example: A general manager in charge of the community services branch of a local council. This person is a PMC because they make decisions about the child care service without approval from a higher authority. Some of the general manager's responsibilities - like decisions about major spending - are delegated to subordinate officers. These officers are also considered PMCs.

What is a service contact?

Some PMCs choose to nominate a service contact. The service contact is authorised to communicate with us on administrative matters, like:

Service contacts:

may only communicate with us on matters relating to the service for which they are the contact

must be registered in PRODA so that they can be linked to their service in the CCSS.

It's not mandatory to have a service contact.

# data[].attributes.attachment_link.description
Early childhood education and care providers have specific legal obligations. These obligations are imposed upon certain people. We call these people 'persons with management or control of the provider'. They are also called 'persons with management or control' or simply 'PMC'.

# data[].attributes.attachment_link.readable_text
What you need to know to open an education and care service in Australia.

I want to learn about:

Prior to applying to become an approved Provider it is recommended you complete the National Law & Child Care Subsidy Approval Course. This course provides important information about becoming an approved Provider and your responsibilities under the National Law and Family Assistance Law. These five eLearning modules unpack how to submit your application, your responsibilities as an approved Provider and an overview of the approvals process.

For new approved provider applicants, you will need to complete 4 out of 5 modules in the National Law & Child Care Subsidy Approval Course on the ACECQA LMS to receive a completion certificate. This certificate can be submitted with your application as additional evidence. If you would like to preview the course before registering in the LMS, you can access the modules from the links below.

Applying to become an Approved Provider and opening (or adding) a service

Provider and Service approval from your state or territory government (National Law).

This approval deems you suitable to ensure the health, safety and wellbeing of children. To be approved, you need to demonstrate your understanding of your obligations under the Education and Care Services National Law and Regulations.

Understanding how the following rules apply in your state or territory is also important to planning a new business:

local government planning controls

working with children or vulnerable person checks and child protection laws

health department rules

food safety requirements.

Provider and Service approval from the Australian Government (Family Assistance Law).

This approval deems you suitable to administer Child Care Subsidy under the Family Assistance Law. If you are applying for the Child Care Subsidy approval, you will also need to demonstrate your understanding of your obligations under the Family Assistance Law. Most children education and care providers must be approved under the National Law to be eligible to administer the Child Care Subsidy. Click here for more information www.education.gov.au/early-childhood

For information and resources on business planning and the steps for setting up a new business, visit  www.business.gov.au.

The National Quality Framework

The National Quality Framework is a national system which aims to raise quality and drive continuous improvement and consistency in children's education and care services through:

National Law approval

Your state or territory regulatory authority will assess your application for National Law approval.

You will need to apply for:

Provider approval - to become an approved provider. Provider approval is recognised nationally and allows you to apply for service approval/s.

Service approval - to operate an education and care service. Service approvals relate to the individual site/premises and the type of care provided. Click here to read more about types of care education and care service types

Click here to find the contact details for your state or territory regulatory authority. Contact your regulatory authority | ACECQA

Child Care Subsidy (CCS) approval

The Australian Government will assess your application to administer Child Care Subsidy payments. This is known as Child Care Subsidy approval under the Family Assistance Law.

The Family Assistance Law sets out the rules you must follow if your service is approved to administer the Child Care Subsidy. These obligations are outlined in the Child Care Provider Handbook.

Visit the Early Childhood - Department of Education, Australian Government to find out more about the Child Care Subsidy and the Family Assistance Law.

The application process

National Law and Child Care Subsidy approval applications are submitted through the National Quality Agenda IT System (NQA IT System). You can apply for National Law and the Child Care Subsidy at the same time following the steps below.

1. Register with PRODA

PRODA (Provider Digital Access) is an online identity verification system that strengthens the security of personal information for new Persons with Management or Control (PMC).

Create a PRODA (Provider Digital Access) account and obtain an individual Registration Authority (RA) number. The RA number is unique to your PRODA account.

New Persons with Management or Control (PMC) will need to create a PRODA account and obtain a RA number if they are applying for a National Law provider approval application, as well as applications to administer the Child Care Subsidy under the Family Assistance Law.

When completing your application in the NQA ITS you will be asked to verify your identity by entering your RA number in the PRODA ID field.

Prospective providers seeking approval to administer the Child Care Subsidy (under the Family Assistance Law) will also need to register their organisation in PRODA and add the NQA ITS and the Child Care Subsidy System as service providers before starting an application.

Instructions are available to help you create a PRODA account to:

Please refer to the Frequently asked questions | ACECQA for more information about creating a PRODA account, RA numbers and the benefits of using PRODA to verify your identity.

2. Identifying Persons with Management or Control (PMC)

From July 2023, the National Law definition of a PMC will be similar to the definition used by the Australian Government for a PMC of a provider entity for administering the Child Care Subsidy under the Family Assistance Law.

In some cases, a provider's PMC will be the same individuals for the National Law and for Child Care Subsidy purposes. However, in some circumstances, a person may be a PMC in relation to the Child Care Subsidy, but not a PMC under the National Law.

A PMC has legal responsibilities under the National Law and Regulations, and the Family Assistance Law for Child Care Subsidy purposes.

For more information read the following information sheets

A new Declaration of fitness and propriety form (PA02), is available for National Law and/or Family Assistance Law to administer the Child Care Subsidy and/or the Additional Child Care Subsidy applications.

3. Submit your application in the NQA IT System

Provider and Service applications for National Law and Family Assistance Law to administer the Child Care Subsidy are submitted through the NQA IT System.

By accessing this link https://public.nqaits.acecqa.gov.au/Pages/Landing.aspx you can login to the NQA IT System or register for an account.

If you experience technical issues email [email protected] .

If you'd like to find out more about the application process or about the progress of an application already submitted contact your regulatory authority.

Next steps

Knowledge assessment and/or interview

Before making a determination on your application you may be asked to complete an online multiple-choice knowledge assessment and/or interview determining your understanding of the requirements under the National Law and Family Assistance Law.

The 75-minute National Law assessment consists of 46 multiple choice questions.

The 110-minute Family Assistance Law assessment consists of 25 multiple choice questions.

To prepare for a knowledge assessment, you can complete the National Law & Child Care Subsidy Approval Course designed to help you understand your responsibilities as an approved provider.

You will need to complete 80% of the course to download a completion certificate. This certificate can be submitted with your application as additional evidence. If you would like to preview the course before registering in the LMS, you can access the modules from the links below.

National Law application assessment timeframes

The regulatory authority must:

make a decision within 60 calendar days of receiving a complete provider approval application, and 90 calendar days for a service approval application

give the applicant written notice of its decision and the supporting reasons, within seven (7) calendar days of making the decision.

Child Care Subsidy application assessment timeframes

Approval for the Child Care Subsidy can only be determined after an approval under the National Law and after the Australian Government has assessed your application.

An estimated assessment timeframe cannot be given, however ensuring all mandatory information documentation is submitted with your application will assist in this process.

Watch this 2-minute video for information about the National Law and Family Assistance Law (to administer the Child Care Subsidy) application process.

Who to contact

# data[].attributes.attachment_link.description
This section contains information on the initial action steps for those considering opening their own childcare service.

# data[].attributes.attachment_link.readable_text
Family Assistance Law

The Family Assistance Law also provides for the approval of child care providers to administer child care fee assistance on behalf of families.

The following legislation and legislative instruments make up the legislation relating to child care from 2 July 2018.

Primary Legislation

Associated Legislation

Legislative Instruments

Previous Child Care System (Until 1 July 2018)

On 2 July 2018, the Child Care Benefit and Child Care Rebate ceased and were replaced by Child Care Subsidy.

You are still required to meet the requirements of Family Assistance Law and its associated legislation if you are claiming for care provided before 2 July 2018.

The following Legislation and Legislative Instruments make up the requirements for the Child Care Benefit and Child Care Rebate.
Primary Legislation Associated Legislation
Legislative Instruments
Child Care Benefit Family Assistance GST-free Supply Determination

# data[].attributes.attachment_link.description
The Family Assistance Law is the basis for Commonwealth child care fee assistance, which includes the Child Care Subsidy (CCS) and Additional Child Care Subsidy (ACCS).

# data[].attributes.headline
Australian Child Care Providers and Services 

# data[].attributes.subject
Australian Child Care Providers and Services 

# data[].attributes.attachment_link.title
Australian Child Care Providers and Services | Facebook

# data[].attributes.attachment_link.description
Run by the Australian Government Department of Education, this group is a place for early childhood education and care providers and services to get general information about the department’s early…

# data[].attributes.attachment_link.title
Log in | ACECQA Professional Development Portal

# data[].attributes.attachment_link.description
Printable version of the Child Care Provider Handbook.

# data[].attributes.attachment_link.readable_text
The aim of Quality Area 4 under the National Quality Standard is to ensure the provision of qualified and experienced educators, coordinators and nominated supervisors who are able to develop warm, respectful relationships with children, create safe and predictable environments and encourage children's active engagement in the learning program.

# data[].attributes.attachment_link.description
Qualified and experienced educators, who develop warm, respectful relationships with children, create predictable environments and encourage children's active engagement in the learning program.