National Quality Framework
Family day care
Fact sheet | October 2011
Last updated March 2015
This fact sheet outlines the requirements for an approved family day care service operating under the Education and
Care Services National Law Act 2010 (National Law) and the Education and Care Services National Regulations
2011 (National Regulations).
Educational program and practice
Education and care services must ensure that a program is delivered to all children being educated and cared for by
the service (section 168). The program must be:

based on an approved learning framework

delivered in a manner that accords with an approved learning framework

based on the developmental needs, interests and experiences of each child

designated to take into account the individual differences of each child.
An educational program should contribute to the following outcomes for each child (regulation 73(2)):

the child will have a strong sense of identity

the child will be connected with and contribute to their world

the child will have a strong sense of wellbeing

the child will be a confident and involved learner

the child will be an effective communicator.
Documentation
For a child preschool age or under assessments of each child’s developmental needs, interests, experiences and
participation in the educational program and their progress against the outcomes of the program must be
documented (regulation 74(1)(a)). For a child over preschool age, evaluations of the child's wellbeing, development
and learning must be documented (regulation 74(1)(b)). In preparing the documentation the approved provider must:

consider the period of time the child is being educated and care for by the service

consider how the documentation will be used at the service

ensure the documentation is readily understood by educators and parents (regulation 74(2)).
Information about the contents and operation of the educational program must be displayed at each family day care
residence or venue (regulation 75(a)) and a copy of the educational program must be available for inspection on
request (regulation 75(b)).
What are the approved learning frameworks in Victoria?
The approved learning frameworks in Victoria are:

Belonging, Being and Becoming: The Early Years Learning Framework for Australia

My Time Our Place: Framework for School Age Care in Australia

The Victorian Early Years Learning and Development Framework (regulation 254).
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Children’s health and safety
To ensure the health and safety of children:

every reasonable precaution must be taken to protect children from harm and from any hazard likely to cause
injury (section 167)

children must be adequately supervised (section 165)

children must not be subject to any form of corporal punishment or discipline that is unreasonable in the
circumstances (section 166)

children must be provided with an environment free from the use of tobacco, illicit drugs and alcohol
(regulation 82)

educators must not be affected by alcohol or drugs (including prescription medication) so as to impair their
capacity to supervise or provide education and care to children (regulation 83)

adequate health and hygiene practices must be implemented (regulation 77(a))

a risk assessment is carried out before an authorisation is sought for an excursion (regulations 100 to 10 2)

the service has an emergency and evacuation policy and procedure in place (regulations 168 and 97)

there must be ready access to an operating telephone or other similar means of communication for
immediate communication to and from parents and emergency services (regulation 98).
Child protection
The nominated supervisor, staff members and educators who work with children must be advised of the existence
and application of the current child protection law and any obligations they may have under that law (regulation 84).
In Victoria the protocol Protecting the safety and wellbeing of children and young people provides information about
these obligations. The protocol and an online training package are available at:
www.education.vic.gov.au/childhood/providers/regulation/Pages/protectionprotocol.aspx
Medical conditions policy
A medical conditions policy must be in place for each education and care se rvice that applies across the service at all
times that children are being educated and cared for (regulations 90 and 168(d)). A number of further requirements
must be met when a child who has a specific health care need, allergy or relevant medical condit ion is enrolled.
These include requirements for parents to provide a medical management plan for the child, and requirements for
services to collaborate with parents in the development of a risk minimisation plan and communications plan for each
child with a specific health care need, allergy or relevant medical condition (regulation 90(1)(c)).
A copy of the medical conditions policy must be provided to a child’s parent if the approved provider is aware that the
child has a specific health care need, allergy or other relevant medical condition (regulation 91). For further
information refer to the fact sheet Children with medical conditions attending education and care services available
at: www.education.vic.gov.au/childhood/providers/regulation/Pages/nqffactsheets.aspx.
Incidents, injuries and trauma and illness
Policies and procedures must be in place in relation to incident, injury, trauma and illness (regulation 168(2)(b)).
These policies and procedures must include procedures to be followed in the event that a child is injured, becomes ill
or suffers a trauma (regulation 85).
The parent of a child must to be notified as soon as practicable, but no later than 24 hours after the occurrence, if the
child is involved in any incident, trauma or illness while the child is being educated and cared for (regulation 86).
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Emergency and evacuation policy and procedures
Each service must have an emergency and evacuation policy and procedures (regulation 168(2)(e)) and ensure that they
are based on a risk assessment that is conducted to identify potential emergencies that are relevant to the service. Where
appropriate the policy and procedures to effectively manage bushfire emergencies should be developed in consultation with
relevant authorities. For further information refer to the fact sheet Managing bushfire risks in family day care available
at: www.education.vic.gov.au/childhood/providers/regulation/Pages/nqffactsheets.aspx.
The emergency and evacuation floor plan and instructions must be displayed in a prominent position near each exit of the
family day care residence and approved family day care venue. The emergency and evacuation procedures must be
documented and rehearsed at least every 3 months by each family day care educator and the children being educated and
cared for by the family day care educator on that day (regulation 97). The emergency and evacuation policy and procedures
should confirm how emergencies will be managed to reduce the associated risks and maintain children’s safety.
Copies of the current emergency and evacuation policy and procedures must be available for inspection at the
education and care service premise (includes at each family day care residence and venue) at all times that the
service is educating and caring for children (regulation 171(2)). Staff members of the service must have ready access
to an operating telephone or other similar means of communication (regulation 98).
Physical environment
In the part of a family day care residence where education and care is being provided the furniture and equipment
must be safe, clean and in good repair (regulation 103).
Each child being educated and cared for by the service must have access to sufficient furniture, materials and
developmentally appropriate equipment that is suitable for the education and care of that c hild (regulation 105).
Indoor requirements include:

An approved family day care venue must have at least 3.25 square metres of unencumbered indoor space
for each child1 (regulation 107) and provide ventilation and natural light. A temperature that ensure s the
safety and wellbeing of children must be maintained (regulation 110).

Adequate, developmentally and age appropriate toilet, washing and drying facilities, located and designed to
enable safe and convenient use by children (regulation 109).

Laundry facilities or access to laundry facilities or other arrangements for dealing with soiled clothing,
nappies and linen (regulation 106).

Any glazed area of a residence approved on or after 1 June 2014 that is accessible to children 0.5 metres or
less above floor level must be glazed with safety glass (if the Building Code of Australia requires this) or in
any other case is treated with a product that prevents glass from shattering if broken or guarded by barriers
that prevent a child from striking or falling against the glass (regulation 117). For family day care residences
approved before 1 June 2014, the above requirements apply where the glazed area is situated 0.75 metres
or less above floor level. Family day care venues may be subject to different requirements, depending on the
nature of the building.
Outdoor requirements include:

An approved family day care venue must have at least 7 square metres of unencumbered outdoor space for
each child being educated and cared for by a service (regulation 108).

The outdoor space at an approved family day care residence or venue must be enclosed by a fence or
barrier that is of a height and design that children preschool age or under cannot go through, over or under
(regulation 104).
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A verandah may be included in calculating indoor space only with written approval from the Regulatory Authority
and cannot then be counted in calculating the area of outdoor space (regulations 107 and 108).
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
An existing family day care residence or venue operating immediately before 1 January 2012 does not need
to meet the requirements for fencing until the venue or residence is renovated. For the purpose of a rating
assessment a family day care service is taken to comply with that regulation until 31 December 2015
(regulation 249).
Assessment of family day care residences and venues
The approved provider of a family day care service must conduct an assessment (including a risk assessment) of
each approved family day care residence and venue before education and care is provided to children at the
residence or venue and at least annually to ensure the health, safety and wellbeing of children (regulation 116).
Staffing arrangements
At all times that a family day care educator is educating and ca ring for a child, an approved provider, a person with
management or control of the service or a nominated supervisor must be available to provide support to the
educator. This includes being available to be contacted by telephone to provide advice and assi stance to the family
day care educator at all times the family day care educator is caring for a child as part of the service (section 164).
Number of children who can be educated and cared for
A family day care educator must not educate and care for more than 7 children at a family day care residence or
approved family day care venue at any one time (regulation 124). No more than 4 children can be preschool age or
under (including the educators own children, if they are under 13 years of age or there is no other adult present and
caring for these children). Children visiting a residence or venue are excluded from the maximum number of children.
In exceptional circumstances, a family day care service may approve in writing an educator to care for more than 7
children, or more than 4 children who are preschool age or under, at any one time (regulation 124 (6)).
Diploma level qualifications (for family day care co-ordinators)
One or more qualified persons must be employed or engaged as a family day care co-ordinator to assist with the
operation of the service and to support, monitor and train the family day care educators (section 163). A family day
care co-ordinator must have an approved diploma level education and care qualification (regulation 128).
Lists of current and former approved diploma level qualifications are published on the Australia Children’s Education
and Care Quality Authority (ACECQA) website available at:
www.acecqa.gov.au/educators-and-providers1/qualifications.
Certificate III level qualifications (for family day care educators)
All family day care educators must have, or be actively working towards at least an approved certificate III level
education and care qualification (regulation 127).
Transitional and savings provision – certificate III level qualification
A family day care educator that meets any of the following provisions is not required to hold, or be actively working
towards, a certificate III level qualification:
A person is taken to hold an approved certificate III level education and care qualification if, immediately before
1 January 2012, the person—

was recognised under the former education and care services law of any participating jurisdiction as a certificate III
level educator; or

held a qualification that is published under regulation 137(2)(a) in the list of former qualifications approved as
certificate III level education and care qualifications (regulation 244(a) and (b)).
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Educator not required to have a Certificate III level qualification
The requirement to have, or be actively working towards, a certificate III level qualification does not apply to family
day care educators who, by 31 December 2011, completed a professional development course approved by the
Secretary under the Children’s Services Regulations 2009; and


were employed full time and continuously as a family day carer as part of a family day care service for a period of at
least 5 years immediately preceding 25 May 2009; or
were employed at least part-time and continuously as a family day carer as part of a family day care service for a
period of at least 10 years immediately preceding 25 May 2009 (regulation 366).
Approved qualifications
A list of qualifications that have been approved for the purposes of the National Law is published on ACECQA
website. This list includes the qualifications that are approved for family day care co -ordinators, diploma level
educators and certificate level educators.
If the co-ordinator’s or educator’s qualification is not on the approved or former approved qualifications lists an
application can be made to ACECQA to determine whether a qualification (including a foreign qualification) is
equivalent to a qualification required by the National Law (section 169 (7)). An application for an assessment of
equivalence must include information prescribed in the National Regulations (regulation 139 and 140).
More information regarding applications for assessments of equivalence of qualifications or an application to have a
qualification approved under the National Law is available on the ACECQA website at:
www.acecqa.gov.au/educators-and-providers1/qualifications.
Working with children check
The approved provider must read or ensure the nominated supervisor or the certified supervisor in day to day charge
of the service has read a person’s working with children check before the person is engaged a s a family day care
educator (regulation 358).
This requirement does not apply for a family day care educator who has a Victorian Institute of Teaching (VIT)
registration that is checked by the approved provider, nominated supervisor or certified supervis or in day to day
charge of the service (regulation 358 (4)).
Criminal history check
The approved provider must read and consider, or ensure that the nominated supervisor or certified supervisor in day
to day charge of the service has read and considered each family day care educator’s criminal history record check
before they are engaged or registered as a family day care educator (regulation 359).
Staff records
The following persons must have a current working with children check or VIT registration and record the details in
their staff record (regulation 145 and 154):

nominated supervisor

family day care educator

family day care educator assistant

all other staff members at the family day care service
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Registers of family day care educators
A register of each family day care educator must be kept at the principal office of a family day care service (section
269). The register must include all the information prescribed in regulation 153 and be provided to the Department on
request (section 269(3)).
The register of family day care educators must include a record of the identifying number and expiry date of a current
working with children check for each family day care educator and the date that the working with children check was
sighted by the approved provider or nominated supervisor of the service.
If education and care is provided in a residence, the family day care register must include the full names, dates of
birth of all persons aged 18 years and over who normally reside at the family day care resid ence and a record of the
identifying number and expiry date of their working with children check (regulation 153).
Further information about criminal history requirements is available in the fact sheet Criminal history requirements:
family day care services available at:
www.education.vic.gov.au/childhood/providers/regulation/Pages/nqffactsheets.aspx.
Family day care educator assistant
A family day care educator assistant may be engaged by or registered with a family day care service to assist family
day care educators in providing education and care to children under the following circumstances:

in the absence of the family day care educator, transporting children between approved family day care
residence or venue and school or another education and care service or the child’s home

providing education and care to a child, in the absence of the family day care educator, in emergency
situations, including when the family day care educator requires urgent medical care or treatment

providing education and care to a child, in the absence of the family day care educator to attend an
appointment (other than a regular appointment) if the absence is for less than 4 hours, the family day care
service has approved the absence and notice of the absence has been given to parents

providing assistance to the educator while they are educating and caring for children as part of the family day
care service (regulation 144).
A family day care educator assistant must be approved by the approved provider. Written consent must be provided
by the parent of each child that may be educated and cared for by the family day care educator assistant (regulation
144(3)).
Reasonable steps must be taken to ensure that a family day care educator assistant is a fit and proper person to be
in the company of children. In assessing each person as fit and proper an approved provider must consider:

a current working with children check; or

a current teacher registration (regulation 163).
Relief family day care educators
An approved provider may engage or register another family day care educator to provide education and care to
children, during another educator’s annual leave or study leave, in the other educator’s residence, provided this
educator meets the definition of a family day care educator (not a family day care educator assistant).
Educational leader
A suitably qualified and experienced educator, co-ordinator or individual must be designated in writing as the
educational leader to lead the development and implementation of educational programs (regulation 118). The staff
record must include the name of the designated educational leader (regulation 148).
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Record of staff, family day care coordinators and family day care educator assistants
A record of staff must be maintained for family day care co-ordinators, family day care educators, family day care
educator assistants, the nominated supervisor, the educational leader, volunteers and students and must include the
names and hours educators are working directly with children (regulations 154).
Relationships with children
Reasonable steps must be taken to ensure children have opportunities to interact and develop respectful and positive
relationships with each other and with staff members of, and volunteers at, the service. This includes having regard
to the size and the composition of the groups in which children are being educated and cared for b y the service
(regulation 156).
Inappropriate behaviour
No child being educated and cared for by the service may be subjected to any form of corporal punishment or any
discipline that is unreasonable in the circumstances (section 166).
Interactions with children
Reasonable steps must be taken to ensure that the education and care service provides education and care to
children in a way that:

encourages the children to express themselves and their opinions

allows the children to undertake experiences that develop self-reliance and self-esteem

maintains at all times the dignity and rights of each child

gives each child positive guidance and encouragement toward acceptable behaviour

has regard to the family and cultural values, age, and physical and intellectual development and abilities of
each child being educated and cared for by the service (regulation 155).
Further information about behaviour guidance is available in the fact sheet Understanding children’s behaviour
available at: www.education.vic.gov.au/childhood/providers/regulation/Pages/nqffactsheets.aspx
Collaborative partnerships with families and communities
Parents must be permitted to enter the family day care residence and venue at any time their child is being educated
and cared for by the service, as long as there is no risk to the health and safety of children or staff at the service, no
conflict with the duty of the provider, supervisor or educator, and no court order prohibiting contact with the child
(regulation 157).
Other regulations also relate to collaboration with families including requirements to give information about
educational programs to parents, for parents to provide enrolment information, for information to be prov ided or
displayed to parents and for administration areas to have adequate space for consulting with parents.
Leadership and service management
Quality improvement plan
A quality improvement plan must be developed by each education and care service (regula tion 238) that: describes a
self-assessment of the quality of the practices of the service against the National Quality Standard and the
regulations that identifies areas for improvement, and contains a statement of the philosophy of the service
(regulation 55).
The quality improvement plan needs to be reviewed at least annually and when directed by the Department
(regulation 56). The quality improvement plan must be kept available at the principal office of a family day care
service and be available for inspection by the Department or prospective families of the service (regulation 31).
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Residents at family day care residence
The approved provider must ensure that people aged 18 years or over residing at a family day care residence and
the family day care educator assistants are fit and proper persons to be in the company of children. This includes
ensuring that they have at least one of the following:

a current working with children check

a current VIT registration (regulation 163).
The details of the working with children check or VIT registration (identifying number, expiry date and the date that
the check or registration was sighted by the approved provider) must be recorded in the family day care register
(regulation 153 (o)).
Requirements for notice of new persons at residence
Each family day care educator must notify the approved provider of any new person 18 years or over who resides or
intends to reside at the educator’s residence (regulations 164).
Record of visitors
A record of all visitors to a family day care residence or approved venue must be kept while children are being
educated and cared for by the educators at the residence or venue as part of family day care service. This record
must include the visitor’s signature, arrival and departure times (regulation 165). Children being educated and cared
for must not be left alone with a visitor to the residence or venue (regulation 166). It is also recommended that when
the approved provider, person with management or control or family day care coo rdinator visits a family day care
residence or venue that they record their visit.
Serious incidents and complaints
The approved provider must notify the Department within 24 hours of any serious incident or complaint alleging the
safety, health or wellbeing of a child or children was or is being compromised (while that child or children are being
care for by the service) (section 174(2) and regulation 176(2)).
Further information is available in the fact sheet Serious incidents and complaints available at:
www.education.vic.gov.au/childhood/providers/regulation/Pages/nqffactsheets.aspx.
Other notifications to the Department
The Department must be notified within the prescribed time of any changes in relation to the approved providers,
nominated supervisors, certified supervisors and premises (section 173).
Policies and procedures
The approved provider must ensure the service has in place policies and pr ocedures in relation to the following:

health and safety, including nutrition, food and beverages, dietary requirements, sun protection, water safety
and the administration of first aid

incident, injury, trauma and illness procedures

dealing with infectious diseases

dealing with medical conditions

emergency and evacuation

delivery of children to, and collection from, education and care service premises

providing a child safe environment

staffing, including a code of conduct for staff members, determining the responsible person at the service,
and the participation of volunteers and students on placement
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
interactions with children

enrolment and orientation

governance and management of the service including confidentiality of records

the acceptance and refusal of authorisations

payment of fees and provision of a statement of fees charged

dealing with complaints (regulation 168).
Family day care service must have additional prescribed policies and procedures including for:

the assessment and approval and reassessment of approved family day care residences and venues

engagement or registration of family day care educators

keeping a register of family day care educators

monitoring, support and supervision of family day care educators, including how the service will manage
educators at remote locations

assessment of family day care educators, family day care educator assistants and persons residing at the
family day care residence

visitors to family day care residences and approved family day care venues while education and care is being
provided to children as part of a family day care service

the provision of information, assistance and training to family day care educators

the engagement or registration of family day care educator assistants (regulation 169).
Reasonable steps must be taken to ensure that the nominated supervisor, staff members and family day care
educators follow the policies and procedures (regulation 170). Current copies or the policies and procedures must be
readily accessible to family day care educators engaged by or registered with the service (regulation 171).
The approved provider must notify the parents of the children enrolled at the service at least 14 days before any
changes in policies and procedures that may have a significant impac t on the service’s provision of education and
care of enrolled children or the family’s ability to utilise the service (regulation 172).
Public liability insurance
The approved provider must hold a current insurance policy providing adequate cover for the service against public
liability and ensure that each family day care educator engaged by or registered with the service holds insurance
against public liability (regulations 29 and 30). The approved provider must have and keep evidence of the current
public liability insurance at the principal office of the service and make this evidence available for inspection by the
Department (regulation 180(1)).
A family day care educator must have and keep evidence of the educator's current public liability insurance at the
family day care residence or venue and make this evidence available for inspection by the Department (regulation
180(2)).
Documents and storage of records
The regulations prescribe a number of requirements for documents and records to be kept for each family day care
service and the requirements for the storage of documents (regulations 177 and 183)
On ceasing to be engaged by or registered with the family day care service the educator must return all prescribed
enrolment and other documentation to the family day care service (regulations 178 and 179).
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Resources
Two guides have been developed to assist family day care educators in meeting the requirements of the National Quality
Framework. Guide for Family Day Care Educators has been developed to assist educators to understand their roles,
obligations and responsibilities under the National Law and National Regulations.
Delivering a Children’s Program in a Family Day Care Service aims to assists family day care educators plan and deliver an
educational program that helps children progress in their learning and development in the five learning outcomes.
These guides are available at: www.education.vic.gov.au/childhood/providers/regulation/Pages/nqffactsheets.aspx.
Victorian Early Years Learning and Development Framework is available at:
www.education.vic.gov.au/childhood/providers/edcare/pages/veyladf.aspx
The Early Years Learning Framework is available at: http://docs.education.gov.au/system/files/
doc/other/belonging_being_and_becoming_the_early_years_learning_framework_for_australia.pdf
The Framework for School Age Care is available at: http://files.acecqa.gov.au/files/National-Quality-FrameworkResources-Kit/my_time_our_place_framework_for_school_age_care_in_australia.pdf
Further information
The Australian Children’s Education and Care Quality Authority (ACECQA) is the national statutory authority
governing the National Quality Framework.
Phone: 1300 422 327
Email: enquiries@acecqa.gov.au
Web: www.acecqa.gov.au
The Department of Education and Training is the Regulatory Authority in Victoria.
Phone: 1300 307 415
Email: licensed.childrens.services@edumail.vic.gov.au
Web: www.education.vic.gov.au/childhood/providers/regulation/pages
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