Early childhood education and care services across Australia became formally subject to national disability standards on 1 August. The change extends protections that previously applied mainly to schools down into long day care, family day care and outside-school-hours care.
The change amends the Disability Standards for Education 2005 (the Standards), which set out the rights of students with disability to participate in education and the obligations of providers to support them.
The Department of Education says the amendment was made after families, carers and early childhood advocates argued the existing rules needed to be clearer.
What’s covered, and what isn’t new
From 1 August, the Standards apply to any early childhood education and care service that receives the Child Care Subsidy. They also apply to services legally required to deliver an education program under an approved learning framework, such as the Early Years Learning Framework or My Time, Our Place. That captures centre-based long day care, family day care, in-home care, and outside-school-hours and vacation care. Preschools and kindergartens were already covered.
The Australian Children’s Education and Care Quality Authority (ACECQA), which regulates the sector, has said the amendment clarifies obligations services already held under the Disability Discrimination Act (DDA) 1992. It does not introduce new legal requirements.
How compliance will be checked
Under the standards, services must help children with disability access and participate in education on the same basis as other children. They must also make reasonable adjustments and protect children from mistreatment. The Standards cover six areas:
- enrolment
- participation
- curriculum
- reasonable adjustments
- support services
- harassment
Industry compliance guidance published ahead of the commencement date indicates the change also has practical implications for how services are assessed. From 1 August, an authorised assessor will reportedly be able to cite the standards directly when assessing a service against the National Quality Standard. Previously, assessors could only rely on the broader discrimination law.
Services are being encouraged to review inclusion policies, enrolment documentation and reasonable adjustment records ahead of any assessment.
A years-long process
The push to bring early learning providers formally under the standards followed the 2020 review of the Disability Standards for Education. That review found that parents, carers and educators wanted clearer, nationally consistent guidance on inclusion.
A formal consultation paper on proposed amendments was released in January 2025, and public consultation ran through 2025. The federal department has since commissioned ACECQA to update its suite of disability discrimination resources ahead of the commencement date.