Perfect for understanding the Disability Discrimination Act 1992 and what they actually mean for Early Childhood Education and Care services
By BEST Childcare Consulting
The amendment to the Disability Standards for Education 2005 commenced on 1 August 2026. This amendment clarifies early childhood education and care services’ existing obligations under the Disability Discrimination Act 1992.
From 1 August 2026, the Disability Standards for Education 2005 (DSE) officially apply to most Early Childhood Education and Care (ECEC) services across Australia.
Since the announcement, many educators and approved providers have understandably asked if this means childcare has new inclusion laws. The answer is no.
The most important message to understand is that the expectation to provide inclusive education has existed for many years. Early childhood services have long been required to provide children with equitable access to education and care under the Disability Discrimination Act 1992 (Cth) (DDA), alongside the National Quality Framework (NQF), the National Quality Standard (NQS), and the Early Years Learning Framework (EYLF) v2.0.
What changed on 1 August 2026 is not the expectation of inclusion—it is the introduction of greater clarity about how education and care services should meet these existing legal obligations.
What Actually Changed?
Prior to 1 August 2026, early childhood services were already prohibited from discriminating against children because of disability under the Disability Discrimination Act 1992.
However, there was often uncertainty about how the Disability Standards for Education 2005 applied within the early childhood sector.
The amendments now make it clear that the Disability Standards apply directly to most education and care services.
As ACECQA explains, these amendments:
“…clarify early childhood education and care services’ existing obligations under the Disability Discrimination Act 1992.”
This is an important distinction.
The amendments do not introduce entirely new legal responsibilities. Instead, they provide a clearer framework explaining what lawful, inclusive practice should look like in everyday early childhood education.
Haven’t We Always Been Inclusive?
Absolutely. Quality early childhood education has always been founded on the principle that every child belongs, participates and learns.
Long before these amendments, educators were already expected to:
- welcome every child
- value diversity
- support equitable participation
- adapt learning environments
- work collaboratively with families
- respect each child’s individual strengths and needs.
These principles are embedded throughout:
- Disability Discrimination Act 1992
- National Quality Framework
- National Quality Standard
- EYLF v2.0
- Inclusion Support Program
- United Nations Convention on the Rights of Persons with Disabilities
- United Nations Convention on the Rights of the Child.
For many services, the Disability Standards simply recognise practices they already undertake every day.
So What Are the Disability Standards for Education?
The Disability Standards explain how education providers can meet their obligations under the Disability Discrimination Act.
Rather than simply stating that discrimination is unlawful, the Standards provide practical guidance across several key areas.
These include:
- enrolment
- participation
- curriculum access
- support services
- reasonable adjustments
- protection from harassment and victimisation.
For early childhood educators, the message is straightforward:
Children with disability should be able to access, participate and learn on the same basis as every other child, with reasonable adjustments made where required.
Understanding Reasonable Adjustments
One of the most significant concepts within the Disability Standards is the requirement to consider reasonable adjustments.
A reasonable adjustment is a modification that enables a child with disability to participate in the educational program while balancing the needs of the child, the service and other children. Every adjustment is individual. Examples in early childhood settings may include:
- visual schedules
- alternative communication methods
- sensory supports
- quieter learning spaces
- modified group experiences
- adaptive equipment
- flexible transition arrangements
- additional planning with families and specialists.
Importantly, adjustments should be developed in consultation with families, not assumed by educators.
What Does This Mean for Educators?
For most educators, very little changes in daily practice.
Instead, the focus becomes ensuring that inclusive decisions are:
- made collaboratively
- based on the individual child
- documented appropriately
- reviewed regularly.
Educators should continue asking:
- What barriers might this child experience?
- How can we remove those barriers?
- What adjustments are reasonable?
- Have we discussed this with the family?
- Are our strategies working?
This reflects the reflective practice already expected under the EYLF and the National Quality Standard.
Does This Mean More Paperwork?
Not necessarily. Most quality services already maintain documentation such as:
- Individual Support Plans
- observations
- learning documentation
- family meeting records
- transition plans
- critical reflections
- inclusion strategies.
The key difference is ensuring documentation clearly demonstrates:
- consultation
- consideration of reasonable adjustments
- decision-making
- ongoing review.
In many cases, services already have this evidence—they simply need to ensure it is recorded clearly.
What Happens If Services Do Not Comply?
Unlike the National Quality Framework, the Disability Discrimination Act is not routinely monitored through compliance visits.
Instead, concerns are generally complaint-driven.
If a parent or guardian believes a child has experienced discrimination, they may lodge a complaint with the Australian Human Rights Commission (AHRC).
The Commission may:
- investigate the complaint
- facilitate conciliation
- assist parties to reach an agreement.
If unresolved, the matter may proceed to the Federal Court of Australia or the Federal Circuit and Family Court of Australia.
Separately, inclusive practice continues to influence Assessment and Rating outcomes under the National Quality Standard, particularly across Quality Areas 1, 5, 6 and 7.
What Should Services Do Now?
This is an excellent opportunity to review current practices.
Consider:
- reviewing enrolment policies
- updating inclusion procedures
- ensuring educators understand the Disability Standards
- documenting reasonable adjustments
- strengthening consultation with families
- reflecting on how every child accesses and participates in the program.
Many services will discover they are already meeting these expectations.
Connecting the Disability Standards to the National Quality Standard
The amendments strengthen practices already expected across every Quality Area.
Quality Area 1 – Educational Program and Practice
Children’s learning programs should be responsive, individualised and accessible through reasonable adjustments that enable meaningful participation.
Quality Area 2 – Children’s Health and Safety
Safe environments include emotional safety, accessibility and appropriate supports that enable every child to participate confidently.
Quality Area 3 – Physical Environment
Inclusive environments remove physical and sensory barriers while promoting access for all children.
Quality Area 4 – Staffing Arrangements
Educators require the knowledge, confidence and professional capability to implement inclusive practices consistently.
Quality Area 5 – Relationships with Children
Respectful, responsive relationships recognise every child’s strengths, abilities and rights.
Quality Area 6 – Collaborative Partnerships with Families and Communities
Families are valued partners in identifying children’s strengths, goals and reasonable adjustments.
Quality Area 7 – Governance and Leadership
Strong governance ensures policies, procedures and continuous improvement support equitable and inclusive education.
QIP write ups
Quality Area 1 – Educational Program and Practice
Embedded Practice
Educators consistently implemented individualised teaching strategies and documented reasonable adjustments to support every child’s participation.
Critical Reflection
The service reflected on how effectively educational experiences removed barriers to learning for children with disability.
Meaningful Engagement
Families and allied health professionals contributed to planning and reviewing children’s learning goals and adjustments.
Quality Area 2 – Children’s Health and Safety
Embedded Practice
Individual health, wellbeing and accessibility needs were incorporated into daily routines and risk management processes.
Critical Reflection
Educators reviewed how environmental and procedural changes promoted both safety and equitable participation.
Meaningful Engagement
Families collaborated with educators to ensure health, safety and participation needs were consistently met.
Quality Area 3 – Physical Environment
Embedded Practice
Learning environments were designed to maximise accessibility, independence and inclusion.
Critical Reflection
The service continually evaluated physical and sensory environments to remove barriers.
Meaningful Engagement
Families provided feedback that informed improvements to accessible learning environments.
Quality Area 4 – Staffing Arrangements
Embedded Practice
Educators participated in ongoing professional learning regarding inclusion and reasonable adjustments.
Critical Reflection
The service evaluated educator confidence and capability in implementing inclusive practices.
Meaningful Engagement
Professional networks and inclusion specialists supported continuous improvement.
Quality Area 5 – Relationships with Children
Embedded Practice
Educators fostered respectful relationships that recognised every child’s abilities and individuality.
Critical Reflection
The service reflected on whether interactions promoted belonging, agency and participation.
Meaningful Engagement
Families shared insights that strengthened responsive relationships.
Quality Area 6 – Collaborative Partnerships
Embedded Practice
Educators actively consulted families when identifying, implementing and reviewing reasonable adjustments.
Critical Reflection
The service evaluated the effectiveness of communication and collaborative decision-making.
Meaningful Engagement
Families were genuine partners in supporting children’s participation and learning.
Quality Area 7 – Governance and Leadership
Embedded Practice
Policies and procedures reflected current Disability Standards for Education requirements.
Critical Reflection
Leadership regularly reviewed inclusive practices against legislation and best practice guidance.
Meaningful Engagement
The service engaged with families, educators and inclusion agencies to strengthen continuous improvement.
Links and Resources
ACECQA – Disability Discrimination Act (DDA) Resources
A complete suite of resources for approved providers, nominated supervisors and educators, including information sheets, tip sheets, posters and team meeting packages.
Disability Discrimination Act (DDA) Resources – ACECQA
ACECQA – DDA Information Sheet
A practical overview explaining services’ obligations under the Disability Discrimination Act, including reasonable adjustments and supporting children’s participation.
DDA Information Sheet – ACECQA
ACECQA – DDA Infographic Posters
Download official infographic posters summarising Disability Discrimination Act obligations for Early Childhood Education and Care services.
DDA Infographic Posters – ACECQA
Australian Government – Disability Standards for Education 2005
The official Australian Government webpage explaining the Disability Standards for Education, including educator resources, family resources and guidance materials.
Disability Standards for Education 2005
Australian Government – Resources for Education Providers and Educators
Practical guidance explaining legal obligations, reasonable adjustments, consultation with families and preventing discrimination, harassment and victimisation.
Information Resources for Educators and Education Providers
Australian Government – Shareable Resources and Posters
Download free social media graphics, printable posters and parent resources explaining the Disability Standards for Education.
Shareable Disability Standards Resources
BEST Childcare Consulting
The Disability Standards for Education should not be viewed as introducing a new expectation of inclusion. Rather, they provide greater clarity about responsibilities that quality early childhood services have long embraced. For services already committed to equitable, child-centred practice, the amendments simply reinforce what great educators have always known—that every child deserves the opportunity to belong, participate and thrive.
As always, use these inspirations to lead your service throughout the whole year in your everyday practices to truly earn an Exceeding rating.
Contact us today.
