Administrative Law: Non-Compliance and Breach Notices in the Childcare Sector

Feb 14, 2024 | Publication

The NSW Department of Education is becoming increasingly vigorous in issuing breach notices, compliance directions, prohibition notices and suspension notices to NSW early childhood providers.

In the 2017 financial year there were only 3,797 breaches of theChildren (Education and Care Services) National Law however in the 2022 financial year there were 15,943 breaches – representing 57.87% of all breaches across Australia.

This suggests that NSW providers are accepting breaches without being aware of their rights and the consequences.

It also means that the Department is becoming highly resourced and experienced in dealing with non-compliance and alleged breaches.

It is time for service providers to know their rights and to defend themselves.

Internal reviews and external reviews are open to most non-compliance and breach decisions made by the Department of Education.

Applications can be made to the NSW Civil and Administrative Tribunal and to the Supreme Court of NSW.

A recent successful application made by a service provider to the Supreme Court of NSW is the case of Trustees of the Roman Catholic Church v NSW Department of Education [2023] NSWSC 800.

McAuley Lawyers provides legal advice and assistance to service providers when dealing with the Department.

For more information please contact us on (02) 9633 1826 or email

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

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