New Legislation Enhancing Early Childhood Education Regulation for Child Safety and Clarity

Associate Education Minister David Seymour has introduced new legislation to set out the purpose of regulating early childhood education (ECE) and put the Education Review Office (ERO) in charge, instead of the Ministry of Education.

The Bill will increase clarity and certainty. It will ensure the sector and parents know their rights when being regulated, and that the regulator knows its purpose when making regulations, Mr Seymour says.

The new law’s first priority is child safety. It will also ensure that regulators should only put costs on parents if they’re necessary to achieve the goal. Critically, the purpose of regulating will be set out in law, as recommended by the Ministry for Regulation’s ECE Sector Review.

Too many ECE providers are bogged down by confusing, overlapping rules and having to deal with too many government agencies. We’re changing that, so providers can spend less time on paperwork and more time looking after children.

The Ministry for Regulation went straight to the source and asked the sector what’s increasing costs and limiting competition. These changes are based on feedback from providers around the country who say they’ve been frustrated by unclear rules, conflicting advice from different agencies, and unnecessary red tape.

Some centres told us they were being told one thing by one agency, and the opposite by another. That kind of confusion costs time and money and drives up costs for parents.

The Early Childhood Education Reform Bill will overhaul the current rules and regulations by: Making regulations clearer and more consistent, so providers know exactly what’s expected of them.

Creating a Director of Regulation to make sure the rules are applied fairly and consistently across the country.

The Government will also shift licensing and certification and enforcement responsibilities from the Ministry of Education to the Education Review Office (ERO). From next year ECE providers will only have to deal with one regulator. The Ministry and ERO are working together to ensure a smooth transfer.

The Director will be responsible for licensing, monitoring, and enforcing compliance in ECE, including investigating and prosecuting where necessary. They will handle complaints and incidents, while also providing support, information, and guidance to service providers, parents, and caregivers to help raise awareness of what quality early childhood education looks like.

The bill also establishes the following principles, which the Director must have regard to when carrying out their role: the health, safety, and well-being of children receiving early childhood education is paramount: the learning and development of those children is essential and supports their readiness to transition to school: the role of parents and caregivers in the early childhood education of their children is recognised and supported: principles of good regulatory practice, including decision-making that— is risk-based, proportionate, fair, and transparent; and avoids imposing unnecessary costs on parents, caregivers, and service providers.

These reforms will make it easier to open and run high-quality centres, which means more choice and better access for parents. This is part of the Government’s wider commitment to smarter, more effective regulation that encourages growth, says Mr Seymour.