Compliance focus – effective service notifications
Practical tips for ECEC approved providers when making a notification to the NSW Early Learning Commission, as the independent regulator for ECEC in NSW.
20 May 2024
The content of this article was updated on 19 December 2025.
As an approved provider, you are responsible for informing the NSW Early Learning Commission of certain types of incidents, complaints and operational changes that occur at your service.
The (National Law) and (National Regulations) outline notifications and reporting requirements for approved providers and, where applicable, other ECEC staff. Approved providers must also consider other reporting required under other legislation.
What is a notification?
A notification is the information you provide to the NSW Early Learning Commission to understand, assess and respond to reportable incidents, complaints or changes to an ECEC service.
Notifications should be thorough and concise. An effective notification clearly outlines the purpose and reason for the notification, and the key details of the incident, change or complaint.
Notifications provide critical data, information and insights about the sector. The NSW Early Learning Commission draws on this information to identify trends, assess and respond to risks, and make informed decisions relating to the safety and quality of ECEC services. At a service level, the NSW Early Learning Commission uses this information to maintain a comprehensive view of a service's operations and compliance with National Law and Regulations.
Types of notifications
A serious incident is defined in . Examples include but are not limited to:
- the death 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 is missing, locked in or taken from the premises unlawfully.
Serious incidents require immediate attention and must be reported as soon as practicable, but within 24 hours of the incident or within 24 hours of becoming aware of the incident.
Includes any circumstance that poses a risk to the health, safety or wellbeing of children (for example, an infectious disease outbreak) and/or any incident or allegation of physical or sexual abuse of a child while in the care of the service.
Any incident that is not a serious incident must be reported within 7 days.
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. Approved providers must submit this notification via email to information@earlylearningcommission.nsw.gov.au within 24 hours of becoming aware of the event.
A negative notice, in relation to an educator or staff member of an ECEC service, 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.
Approved providers must submit this notification via email to information@earlylearningcommission.nsw.gov.au within 24 hours of becoming aware of the event.
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.
Any complaint alleging a serious incident has occurred or is occurring, or that the National Law has been breached must be reported within 24 hours.
Includes but is not limited to changes in location or to the hours and days of operation, or proposed alterations to the service premise.
Notifications must typically be reported within 7 to 14 days, depending on the nature of the change.
Includes but is not limited to changes related to an approved provider's fitness and propriety, persons with management or control, or nominated supervisors.
Notifications timeframes typically range from 7 to 14 days, depending on the nature of the change.
More information about your legal obligations is available on ACECQA's webpage.
Notifications and children’s safety
Every person working in ECEC has a legal obligation to act in the best interests of children. Children’s safety, welfare and wellbeing must be paramount in every action and decision, and embedded across all aspects of service operations and culture.
Recent amendments to the National Law (NSW) strengthen these obligations and include expanded requirements for approved providers on what they must include in their child safe environment policies and procedures.
As part of expanded requirements under regulation 168(2)(h), services must ensure their policies and procedures clearly outline staff reporting obligations and processes, including who they must report child safety incidents and concerns to within their service. These documents must align with and include the NSW Early Learning Commission’s reporting guide. All staff must be familiar with and able to easily access the reporting guide.
Effective notifications are a key part of meeting these obligations. Providing clear and comprehensive information when submitting your notification streamlines the notification and reporting process for both services and the NSW Early Learning Commission.
Why effective notifications are important
Effective notifications:
protect children from harm and abuse – thorough and accurate notifications ensure that potential risks or incidents of harm and abuse are promptly identified and addressed, enabling timely intervention to safeguard children
reduce administrative burden – when all necessary details are provided upfront, there is less need for back-and-forth communication, reducing the administrative load on the service and the NSW Early Learning Commission
improve efficiency – the NSW Early Learning Commission can process clear, detailed notifications in a more effective and timely manner, which also helps streamline decision-making processes
support decision-making – quality notifications inform the NSW Early Learning Commission about emerging issues and trends across the sector. This helps the NSW Early Learning Commission identify where additional educational supports, targeted guidance or sector-wide initiatives may be needed, and ensures regulatory actions are timely, appropriate and proportionate.
Tips for making an effective notification
Be thorough yet concise. Provide all necessary details about the incident, complaint or change: the who, what, where, when, why and how. Use simple, straightforward language and short sentences to convey this information. Your notification should provide sufficient information for the NSW Early Learning Commission to assess the situation without requesting further details, unless required.
Include relevant and required information and documents only. Notifications should focus solely on the reported incident, complaint or change. Only include additional or unrelated information or documents if requested explicitly by the NSW Early Learning Commission. For example, service policies or copies of an incident or illness report do not substitute a detailed account of the incident or change.
Submit within the appropriate timeframe. Services must be aware of and adhere to submission timeframes set out in the National Law and Regulations, which differ depending on the notification type. These timeframes are in place to ensure the NSW Early Learning Commission can promptly assess and respond to reported incidents or notifications and, ultimately, support the health, safety, and wellbeing of children attending ECEC services.
Resources
NSW Department of ÌÇÐÄvlog¹ÙÍø
- Feedback and complaints poster (PDF 5.59 MB)
- Supporting families following a serious incident flyer (PDF 86.4 KB)
ACECQA
- NSW Early Learning Commission
News
-
Strengthening relationships for children’s safety and wellbeing
-
Latest early learning data highlights impact of child-safety reforms in NSW
-
Batemans Bay early learning service reopens its doors after quality and compliance uplift
-
National early learning child safety reforms now in force  
-
Compliance focus – devices capable of taking, storing and transmitting images and videos in ECEC