Perfect for: WA Childcare Directors Preparing for ECRU Spot Checks, QA2 and 2027 Funding Changes
By BEST Childcare Consulting
ECRU has released its Top 10 non-compliances identified across WA education and care services from 1 July to 30 September 2026 — and there are some important messages for Approved Providers, Nominated Supervisors and Directors.
Our latest BEST article explains what each of the Top 10 means in practice, what ECRU may look at during a spot check, and what can happen when non-compliance is identified. We also explain WA’s move to the Applied National Law, how to know when the latest child-safety reforms actually commence in WA, and which of ECRU’s current Top 10 have links to Quality Area 2.
With QA2 becoming a condition of the Worker Retention Payment from 1 July 2027, and quality and safety also playing an increasing role in Commonwealth CCS oversight, understanding how these different systems fit together is becoming increasingly important.
Most importantly, an ECRU non-compliance does not automatically mean a Working Towards rating or loss of funding. This article separates the different processes and explains what they mean for WA services, so you can focus on the areas that are actually being identified and make informed decisions about your service’s compliance and quality improvement.
ECRU’s Top 10 Non-Compliances – July to September 2026
ECRU identified the following as the ten most common non-compliances during the quarter:
1. Regulation 97 – Emergency and evacuation procedures
Services must have compliant emergency and evacuation procedures, conduct required rehearsals and ensure emergency arrangements are appropriate for the service.
2. Section 165 – Offence to inadequately supervise children
Adequate supervision means considerably more than simply meeting educator-to-child ratios. Educators must know where children are, be able to respond immediately and actively monitor children’s activities and the environment.
3. Regulation 103 – Premises, furniture and equipment to be safe, clean and in good repair
The physical environment, furniture and equipment must be maintained so they do not present unacceptable risks to children.
4. Section 172 – Offence to fail to display prescribed information
Services must ensure the information required by the National Law and Regulations is displayed and remains current.
5. Section 167 – Offence relating to protection of children from harm and hazards
Every reasonable precaution must be taken to protect children from harm and from hazards likely to cause injury.
6. Section 169 – Offence relating to staffing arrangements
Approved providers and nominated supervisors must ensure staffing arrangements comply with the National Regulations. This includes requirements relating to educator-to-child ratios and qualifications.
7. Regulation 170 – Policies and procedures to be followed
Having the correct policy is not enough. Approved providers must take reasonable steps to ensure nominated supervisors, staff members and volunteers follow the service’s required policies and procedures. This is particularly important during a regulatory visit because ECRU may be looking not only at what your policy says, but also at what actually happens in practice.
8. Section 174 – Offence to fail to notify certain information to the Regulatory Authority
Approved providers have obligations to notify the Regulatory Authority of prescribed incidents and other matters within required timeframes.
9. Regulation 87 – Incident, injury, trauma and illness record
Required records must be completed and contain the prescribed information following an incident, injury, trauma or illness involving a child.
10. Section 175 and Section 51 – Records and conditions on service approval
Services must maintain required enrolment and other records and comply with the conditions applying to their service approval.
Taken together, this list tells services something important: ECRU’s current compliance concerns are not limited to paperwork.
They extend across emergency preparedness, supervision, physical environments, hazards, staffing, actual implementation of policies, notifications and record keeping.
What Does WA Being an “Applied Law” State Actually Mean?
On 1 May 2026, Western Australia changed from operating under “corresponding” National Law legislation to the Applied National Law model.
WA services are now regulated principally under the: Education and Care Services National Law (WA) and Education and Care Services National Law Regulations (WA).
The change aligns WA more closely with the other National Quality Framework jurisdictions and is intended to make future amendments to the National Law and Regulations easier to implement.
However, there is an important point for WA services: Applied Law does not mean every national legislative amendment automatically commences in WA as the same date as other jurisdictions.
The child-safety amendments made to the National Law and National Regulations in December 2025 and February 2026 have commenced in the other jurisdictions but have not yet commenced in Western Australia.
Those amendments were tabled in the WA Parliament for review on 5 May 2026. At the time of writing, ECRU advises that the parliamentary review process has not concluded, and a WA commencement date has not yet been announced. ECRU is nevertheless encouraging WA services to prepare for and comply with the new child-safety requirements ahead of formal commencement. For WA services, therefore, it is important to check ECRU and WA legislation, rather than assuming that a commencement date published nationally automatically applies in WA.
How Do WA Services Know When the New Changes Commence?
With different commencement dates across Australia, it can be difficult for WA services to know whether a nationally announced change actually applies here yet.
A simple way to remember where to look is:
ACECQA tells us WHAT is changing.
ACECQA provides national information about changes to the National Quality Framework and explains the new requirements.
🔗 ACECQA – Child Safety: What is Changing?
https://www.acecqa.gov.au/child-safety-what-changing
ECRU tells us WHEN it applies in WA.
ECRU’s legislation updates should be the first place WA Approved Providers and service leaders check for WA-specific commencement information and implementation guidance.
🔗 ECRU – Latest Updates and Changes to Legislation
https://www.wa.gov.au/organisation/department-of-communities/education-and-care-regulatory-unit-latest-updates-and-changes-legislation
ECRU also publishes sector updates containing information for WA education and care services.
🔗 ECRU – Sector Updates
https://www.wa.gov.au/organisation/department-of-communities/education-and-care-regulatory-unit-sector-updates
WA Legislation confirms WHAT IS ACTUALLY LAW in WA.
The WA Legislation website contains the official current legislation applying in Western Australia and should be used when confirmation of the legislation itself is required.
🔗 WA Legislation – Education and Care Services National Law (WA)
https://www.legislation.wa.gov.au/
BEST Tip: Do not assume that a national announcement or commencement date automatically applies in Western Australia. Until WA’s current child-safety amendments formally commence, continue to check ECRU for the WA commencement date and implementation guidance.
At the time of writing (October 2026), ECRU advises that the December 2025 and February 2026 child-safety amendments that have commenced in other jurisdictions have not yet commenced in Western Australia, and further information will be provided once the WA timeline becomes clearer.
Which of ECRU’s Top 10 Relate to Quality Area 2?
This is where ECRU’s latest compliance results become particularly important. Quality Area 2 – Children’s Health and Safety requires services to safeguard and promote children’s health and safety. Several of ECRU’s most common non-compliances have a direct relationship with QA2.
Regulation 97 – Emergency and evacuation procedures
This directly underpins Element 2.2.2 – Incident and emergency management. Services should be able to demonstrate that emergency plans are appropriate, procedures are understood, rehearsals occur and emergency arrangements work in practice.
Section 165 – Inadequate supervision
This directly underpins Element 2.2.1 – Supervision. This is especially significant because inadequate supervision is currently ECRU’s second most common non-compliance. Meeting ratios alone does not demonstrate adequate supervision. Educator positioning, children’s ages and abilities, activities, transitions, bathrooms, sleep and rest, indoor/outdoor environments, excursions, transportation and educators undertaking competing tasks can all affect whether supervision is adequate.
Section 167 – Protection from harm and hazards
This also directly underpins Element 2.2.1. Services need systems that identify hazards and take reasonable precautions before a child is harmed.
Regulation 87 – Incident, injury, trauma and illness records
Incident and illness management forms part of QA2, and Regulation 87 is specifically identified within ACECQA’s legislative guidance associated with Element 2.2.2.
This means that four of ECRU’s current Top 10 have a particularly clear connection with QA2:
#1 Emergency and evacuation procedures
#2 Inadequate supervision
#5 Protection from harm and hazards
#9 Incident, injury, trauma and illness records
Other Top 10 findings may also intersect with QA2 depending on the circumstances.
For example, a failure under Regulation 170 to follow a supervision, emergency, medical conditions, incident or child-safety policy may also reveal an underlying QA2 practice issue. Similarly, unsafe premises or equipment under Regulation 103 primarily relate to the physical environment, but the circumstances may also raise questions about how effectively children are being protected from harm and hazards. The important point is that a legislative non-compliance does not automatically mean that your service’s QA2 rating immediately becomes Working Towards. They are related, but they are not identical processes.
What Happens if ECRU Arrives for a Spot Check?
ECRU’s Compliance Enforcement Framework provides for routine monitoring of services, including annual visits and spot checks. ECRU can also conduct targeted announced or unannounced inspections of services considered higher risk.
A spot check should therefore not be approached as simply a paperwork inspection. ECRU may be looking at whether the service’s actual practice complies with the National Law and Regulations.
For example, an authorised officer may observe how educators supervise children, whether gates and environments are safe, whether staffing arrangements comply, whether emergency information is displayed, whether records are available and accurate, and whether staff practice matches the service’s policies and procedures. This is why a service can have an excellent policy and still be found non-compliant.
Regulation 170 is a particularly good example: the policy must not only exist — it must be followed.
What Happens if ECRU Finds a Non-Compliance?
A finding of non-compliance does not automatically mean a fine, prosecution, Working Towards rating or loss of funding. ECRU uses a risk-based approach to regulation and enforcement.
Where a service is found to be non-compliant, ECRU advises that a risk assessment is undertaken. This considers matters including whether the non-compliance exposed a child to a serious risk of harm and whether the continued operation of the service creates an unacceptable risk to children’s safety, health and wellbeing.
The regulatory response therefore depends on the nature, seriousness and circumstances of the breach. ECRU states that where breaches are detected, the approved provider will be formally notified and appropriate action will be taken to ensure the issue is rectified. Higher-risk non-compliance can result in more serious regulatory action. This distinction matters. A missing or incorrect document is not necessarily treated in the same way as an incident in which inadequate supervision exposes a child to serious harm.
However, repeated non-compliance, failure to rectify an issue, or evidence that systems are not being implemented effectively may significantly increase regulatory concern.
Could an ECRU Non-Compliance Affect Your NQS Rating?
Potentially — but not automatically. Compliance monitoring and Assessment and Rating are separate regulatory functions. An ECRU spot-check finding does not simply convert your existing NQS rating from Meeting to Working Towards. However, the National Law and Regulations underpin many elements of the National Quality Standard. If evidence demonstrates that practice does not meet an element of the NQS, that can be relevant when a service is assessed or reassessed. For example, Sections 165 and 167 underpin Element 2.2.1, while Regulation 97 underpins Element 2.2.2. So although: ECRU breach doesn’t automatic mean a Working Towards rating. If a serious or systemic compliance problem in one of these areas can also demonstrate that the corresponding QA2 element is not being met. That distinction becomes increasingly important because of the Commonwealth’s new funding arrangements.
Why QA2 Now Has a Direct Connection to the Worker Retention Payment
From 1 July 2027, services participating in the Worker Retention Payment (WRP) must meet the new QA2 safety condition. The Australian Government states that Centre Based Day Care, Outside School Hours Care and Family Day Care services that do not meet Quality Area 2 may have their WRP funding cut or suspended.
Services currently rated below Meeting for QA2 (working towards or significant improvement required) are being advised to address their findings and seek reassessment from their state or territory Regulatory Authority as soon as possible and no later than 31 March 2027.
Where a service has sought reassessment by that date and is still waiting for the reassessment to occur, WRP funding can continue while the service waits for the outcome. This makes ECRU’s latest Top 10 particularly relevant. The two most common areas of non-compliance identified by ECRU are Regulation 97 emergency and evacuation procedures and Section 165 inadequate supervision. Both have direct links to Standard 2.2 – Safety. This does not mean an ECRU finding automatically causes WRP funding to be suspended. But it does mean that services should take compliance findings in these areas particularly seriously because the underlying practices are also central to QA2.
There Is Also a Separate Commonwealth CCS Process
This should not be confused with the Worker Retention Payment. To operate within the CCS system, providers require Commonwealth approval to administer Child Care Subsidy in addition to their state or territory regulatory approval.
In 2025, the Australian Government strengthened Family Assistance Law so that quality and child safety are paramount considerations when assessing whether providers are suitable to gain and maintain CCS approval. When considering ongoing CCS approval, the Commonwealth can consider matters including: current and previous NQS ratings; serious incidents; conditions imposed in relation to quality and safety; non-compliance with Commonwealth, state or territory quality and safety laws; improvement in the provider’s quality and safety record over time; and the provider’s demonstrated commitment to high-quality and safe ECEC.
The Commonwealth also advises that providers and services rated Working Towards or below the NQS may receive notices setting out compliance action and options and timelines for achieving Meeting or above. Where there is an imminent risk to children’s health or safety, Commonwealth action can include refusing, suspending or cancelling CCS approval, or imposing conditions. Again, this does not mean Working Towards would be an automatic loss of CCS. The Commonwealth considers the provider’s broader quality and safety circumstances.
What Could Happen Following an ECRU Spot Check in WA?
It helps to think of this as four separate but potentially connected pathways. None of these steps should be described as an automatic progression from one to the next. But neither should they be viewed in isolation.
First — ECRU compliance. ECRU may identify a breach of the National Law or Regulations and require the provider to rectify it. The seriousness of the regulatory response depends on risk and the circumstances.
Second — Assessment and Rating. Where the same practice relates to an NQS element — particularly supervision, harm and hazards or emergency management — it may also become relevant to whether that element is considered Met during Assessment and Rating or reassessment.
Third — Worker Retention Payment. From July 2027, a service participating in WRP that does not meet QA2 may have WRP funding cut or suspended.
Fourth — Child Care Subsidy. Separately, the Commonwealth can consider a provider’s quality ratings, serious incidents and state regulatory compliance history when determining whether it remains suitable to administer CCS.
What Should WA Services Be Doing Now?
The most useful response to ECRU’s Top 10 is not simply to check whether ten documents exist. Services should be asking: Would what ECRU sees happening in our service today match what our policies say should be happening?
Pay particular attention to emergency and evacuation procedures, active supervision, environmental hazards, staffing arrangements, incident records, notifications, prescribed information and whether staff consistently follow service policies. For QA2 specifically, services should closely review supervision, protection from harm and hazards, incident management and emergency preparedness. If your service is currently rated below Meeting in QA2 and participates in the Worker Retention Payment, the 31 March 2027 reassessment deadline should already be part of your improvement planning.
A Particular Message for Western Australian Services
WA is currently in an unusual transition period. We are now operating under the Applied National Law, but the December 2025 and February 2026 national child-safety amendments have not yet commenced in Western Australia. ECRU has encouraged services to prepare for those requirements ahead of commencement. At the same time, Commonwealth WRP and CCS arrangements are separate from WA’s National Law commencement process. Services should therefore not assume that because a particular National Law amendment has not yet commenced in WA, Commonwealth funding and approval changes do not apply. They are different legal and regulatory mechanisms.
Further Information
ECRU – Latest updates and changes to legislation
https://www.wa.gov.au/organisation/department-of-communities/education-and-care-regulatory-unit-latest-updates-and-changes-legislation
ECRU – Legislation and compliance information
https://www.wa.gov.au/organisation/department-of-communities/education-and-care-regulatory-unit-legislation
ECRU – Compliance Enforcement Framework
https://www.wa.gov.au/government/publications/education-and-care-compliance-enforcement-framework
ACECQA – Quality Area 2: Children’s Health and Safety
https://www.acecqa.gov.au/quality-area-2-childrens-health-and-safety-1
ACECQA – Element 2.2.2: Incident and Emergency Management
https://www.acecqa.gov.au/national-quality-framework/guide-nqf/section-3-national-quality-standard-and-assessment-and-rating/quality-area-2-childrens-health-and-safety/standard-22-safety/element-222-incident-and-emergency-management
Australian Government – Worker Retention Payment: Eligibility and Conditions
https://www.education.gov.au/early-childhood/providers/workforce/worker-retention-payment/eligibility-and-conditions
Australian Government – Strengthening Safety through Child Care Subsidy
https://www.education.gov.au/early-childhood/providers/compliance-and-enforcement/strengthening-safety-through-child-care-subsidy
How BEST Can Help Your Service Prepare
BEST Mock ECRU Compliance Visits provide services with a practical review of how they may present if ECRU arrived for a regulatory visit or spot check. Rather than looking only at policies and paperwork, BEST reviews compliance in everyday practice — including supervision, staffing, emergency preparedness, the physical environment, records, risk and hazard management, and whether educators are actually following service policies and procedures. The aim is to identify potential compliance gaps before they become regulatory findings, giving management an opportunity to rectify concerns, strengthen practice and better prepare staff for an ECRU visit.
BEST Quality Area 2 Audits can also be undertaken separately for services wanting a more targeted review of Children’s Health and Safety. This is particularly important for services currently rated Working Towards QA2, preparing for reassessment, or wanting additional assurance ahead of the 1 July 2027 Worker Retention Payment QA2 requirement. BEST can review the service against the requirements of QA2, identify areas that may place a Meeting rating at risk, and provide practical recommendations to strengthen evidence, systems and everyday practice. A proactive QA2 audit can help services identify vulnerabilities early and safeguard both children’s health and safety and the service’s continued eligibility for WRP funding.
BEST Tailored Professional Development and Practice Mentoring can support services to take their policies out of the cupboard and onto the floor, where they need to be visible in everyday practice. Professional development can be tailored specifically to the needs and compliance gaps identified within your service, rather than providing generic training that may not address what is actually happening in your rooms. BEST can also provide specialised mentoring and coaching for educators, Room Leaders, Educational Leaders and management, working alongside teams to strengthen how policies are translated into practice. This can include practical coaching around supervision and educator positioning, transitions, head counts, higher-risk times of the day, emergency preparedness, hazard identification, staff deployment, documentation and educators managing competing responsibilities. The focus is on helping educators understand not only what the policy says, but what ECRU expects to see happening when they walk into a room — strengthening confident, consistent practice across the service every day.
Related BEST Articles
If you would like to explore some of these compliance areas in more detail, the following BEST articles provide further practical guidance for WA education and care services.
ECRU Childcare Compliance Spot Checks WA 2026: What Is ECRU Looking For?
What might ECRU actually look at when they arrive at your service? This article looks at practical areas including supervision, transitions, head counts, staffing, medication, records, physical environments and whether your everyday practice matches your policies and procedures.
WA Child Safety Reforms Explained: Childcare Compliance Updates July 2026
With some national child-safety reforms still awaiting commencement in Western Australia, it is important to understand what currently applies to WA services and what is still to come. This article explains the WA position and helps services navigate the changing child-safety requirements.
Adequate Supervision in Childcare: Active, Dynamic and Effective Practice
Inadequate supervision is currently one of ECRU’s most common areas of non-compliance and has a direct connection with Quality Area 2. This article explores what adequate supervision looks like in everyday practice, including active and dynamic supervision, educator positioning, changing risks and protecting children from harm and hazards.
Childcare Maintenance, Playground Design & Repairs in Perth WA: Creating Safe, Inspiring Early Learning Environments
Premises, furniture and equipment being safe, clean and in good repair is also among ECRU’s current Top 10 non-compliances. This article looks at maintaining childcare environments, identifying potential hazards and ensuring maintenance and repairs support children’s safety and effective supervision.
Working with Children Check Changes WA September 2026: Who Needs a WWC Check in Childcare and Who Is Exempt?
WA’s child-safety requirements continue to change. This article explains the recent WA Working with Children Check changes and provides practical guidance for services about staff, volunteers, contractors, grandparents and external program providers.
BEST Summary
ECRU’s latest Top 10 provides WA services with something extremely useful: real information about where services are currently being found non-compliant. Most importantly, the top two findings, emergency and evacuation procedures and inadequate supervision, are directly connected with Quality Area 2. This matters because QA2 is no longer relevant only to your Assessment and Rating outcome. From 1 July 2027, it also becomes a safety condition attached to the Worker Retention Payment for participating services.
Separately, the Commonwealth now considers NQS ratings, serious incidents and state regulatory compliance when assessing a provider’s ongoing suitability to administer CCS. An ECRU non-compliance does not automatically mean a service becomes Working Towards. A Working Towards rating does not automatically mean WRP or CCS is immediately removed.
But the systems are becoming increasingly connected through their common focus on children’s health, safety and quality of care. For WA Approved Providers and Nominated Supervisors, the practical question is therefore no longer simply: “Do we have the correct policy?” It is: “If ECRU walked through our door today, would our everyday practice demonstrate that we are actually following it?”
BEST Childcare Consulting can support services to review compliance in practice, identify gaps and prepare for regulatory visits through practical compliance reviews and mock ECRU spot checks.
Contact us TODAY.
