Compliance focus: Notifications to the NSW Early Learning Commission
When, how and what to provide when making a notification about an incident, complaint or changes that occur at your service.
18 May 2023
The content of this article was updated on 19 December 2025 and prior to this on 29 July 2024.
As approved providers, you are required to notify the regulatory authority of any incidents, risks, complaints or operational changes at your service. This is an important step in supporting the health, safety and wellbeing of all children attending early childhood education and care (ECEC) services.
Notifications must be made to the NSW Early Learning Commission, which is the independent regulator for ECEC in NSW.
Guidance on when to lodge a notification
ACECQA has developed an interactive notifications  to help approved providers and their staff identify whether a notification must be made to the regulatory authority.
The tool provides guidance and information about all notifications that must be made under the National Law and National Regulations. It also includes explanations of key terms, such as ‘missing from the service’ and ‘complaint’, and examples of scenarios that must be notified.
The National Decision Tree does not include information or guidance about NSW-specific notification requirements. Scroll to Notification types at a glance for more information about obligations for ECEC approved providers and services in NSW.
If you need to lodge a notification, the National Decision Tree will outline how long you have to notify and the next step to take. Users will be directed to lodge the relevant online form via the  (NQAITS).
Remember to fill in all relevant form fields and include any required and relevant documentation so the regulatory authority can assess whether it must take any action.  
If you’re still unsure whether you need to submit a notification to the NSW Early Learning Commission after using the tool or require support, you can contact the Information and Enquiries team on 1800 619 113 or at information@earlylearningcommission.nsw.gov.au.
Notification types at a glance
The and set out notification and reporting requirements for approved providers and, where applicable, other ECEC staff.
You must notify the NSW Early Learning Commission within 24 hours of becoming aware of a serious incident.
In an ECEC context, serious incidents () include but are not limited to:
- the death, serious illness or serious injury of a child
- any incident or allegation where the approved provider reasonably believes that physical or sexual abuse of a child has occurred or is occurring while the child is being educated and cared for by the service
- a sexual offence or sexual misconduct by someone working in the service, including volunteers or students
- any emergency attended by emergency services
- incidents where a child appears to be missing, cannot be accounted for or has been taken from the premises unlawfully
- when a child is mistakenly locked in or out of the service premises.
Incidents or allegations of physical or sexual abuse of a child (regulation 175(2)(d) and 175(2)(e))
Approved providers must notify the NSW Early Learning Commission if they reasonably believe, or an allegation is made, that a child has been or is being physically or sexually abused while being educated and cared for by the service.
All serious incidents must be reported to the NSW Early Learning Commission within 24 hours of the incident or becoming aware of the incident.
The approved provider must also notify the child’s family of the allegation and keep evidence that families have been informed.
Additional reporting obligations may apply to approved providers and their staff under other legislation, such as the Children and Young Persons (Care and Protection) Act 1998.
This may include if you reasonably believe or become aware of any allegation of physical or sexual abuse to a child that has occurred or is occurring while the child is not being educated or cared for by the service.
Visit the following webpages for further guidance:
´¡°ä·¡°ä²Ï´¡â€™s .
Department of Community and Justice’s and the .
You must notify the NSW Early Learning Commission of any sexual offence or sexual misconduct (within the meaning of the ) committed by a staff member, volunteer or student at your service.
The notification must be made within 24 hours of the incident or becoming aware of the incident. The approved provider must also notify the child’s family of the allegation and keep evidence that families have been informed.
Under of the National Law (NSW), approved providers must notify the NSW Early Learning Commission within 24 hours of becoming aware that an educator or other staff member at their service has received a negative notice. The notification must be submitted via email to information@earlylearningcommission.nsw.gov.au.
In NSW, a negative notice means any of the following:
a) becoming a disqualified person under the
b) notice that the person is subject to an interim bar under the Child Protection (Working with Children) Act 2012
c) notice of a refusal of an application for a working with children check clearance under the Child Protection (Working with Children) Act 2012
d) notice of a cancellation of a working with children check clearance under the Child Protection (Working with Children) Act 2012
e) a mutual recognition negative notice within the meaning of the Child Protection (Working with Children) Act 2012, section 25A
Educators and staff employed or engaged at a service must notify their approved provider if they receive a negative notice. This notice must be provided in writing within 72 hours of the event occurring or within 24 hours of becoming aware of the change.
Under of the National Law (NSW), approved providers must notify the NSW Early Learning Commission within 24 hours of becoming aware of changes relating to an educator’s accreditation or teacher’s registration.
The notification must be submitted via email to information@earlylearningcommission.nsw.gov.au.
Educators and staff employed or engaged at a service are required to notify their approved provider of any changes to their accreditation or registration in writing (). Notice must be provided in writing within 72 hours of the event occurring or 24 hours of becoming aware of the change.
You are required to notify the NSW Regulatory Authority within 7 days of becoming aware of a circumstance arising at the service that poses a risk to the health, safety or wellbeing of a child. For example, this may include an infectious disease outbreak or changes within the service environment that could pose a risk to children, such as damage caused by natural disasters, like flooding.
When determining whether a circumstance or incident needs to be notified to the regulatory authority, consider whether there was/is a risk to a child or children were directly impacted by the circumstance/incident. Focusing on what impact the incident or risk has/had on the child, will help you determine whether it needs to be notified.
You must notify the NSW Regulatory Authority within 24 hours of any complaint alleging that a serious incident has occurred or  alleging that the National Law has been contravened.
Certain changes to an ECEC service or an approved provider must be notified to the NSW Regulatory Authority. This may include but is not limited to the following changes.
Service information
Changes in location
Changes to the hours and/or days of operation
Adding or removing a nominated supervisor or changing their details
If centre-based services begin or cease providing or arranging for the transportation of children
Approved provider
A change in name or contact details of an approved provider
Any change relevant to an approved provider’s fitness and propriety
The appointment or removal of a person with management or control of a service
Notifications timeframes typically range from 7 to 14 days, depending on the nature of the change. Visit ´¡°ä·¡°ä²Ï´¡â€™s page for further guidance and information on specific types of notification and the relevant legislation.
Visit ´¡°ä·¡°ä²Ï´¡â€™s page for further guidance and information on specific types of notification and the relevant legislation.
Where to lodge a notification
Long day care, family day care, preschool and outside school hours care services can use to submit a notification to the NSW Early Learning Commission. Select are available to download on the ACECQA website.
Multifunctional Aboriginal Children’s Services (MACS), mobile and occasional care services should use the notification forms available on our website.
What to include in your incident/risk or complaint notification
To ensure all the relevant and required information is included in your notification, use the following questions to guide you.
What happened? Explain the details of the incident, risk or complaint including any injuries sustained.
Who was involved? Include child, staff or complainant details.
Where did it occur on the service premises? Provide details as to the exact location of the incident or risk.
When did the incident occur? Provide details such as what time of day or during what routine/activity it occurred. Include number of children and staff in the direct area of the incident.
°Â³ó²â did it happen? (e.g. was a procedure not followed correctly? Was there a supervision issue?).
How have you addressed the issue, risk or complaint to minimise the risk of it happening again?
Additional tips
Ensure your service details are up to date in the  to support timely and effective communication with the NSW Early Learning Commission about incidents or complaints.
Complete all sections and convey the required information using simple, straightforward language. Be thorough yet concise.
If the NSW Early Learning Commission asks you to submit additional information or documents, you can open the original notification and add this information. You do not need to start a new notification.
Further guidance
- Use ´¡°ä·¡°ä²Ï´¡â€™s to determine whether you must submit a notification to the regulatory authority and when you must submit it by.
- Remember, information and guidance on NSW-specific notification requirements is not available via ´¡°ä·¡°ä²Ï´¡â€™s . If you have any questions about your obligations as an approved provider or service in NSW, you can contact the Information and Enquiries team on 1800 619 113 or at information@earlylearningcommission.nsw.gov.au.
- Read our article Compliance focus – effective service notifications.
- NSW Early Learning Commission
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