The State of Play in Early Childhood Policy: A Note from Australia

Submission to the Education and Workforce Committee

The Education and Training (ECE Reform) Amendment Bill
Submitted by: Office of Early Childhood Education (OECE)
Date: 29 August 2025 

CONTENTS:
– Introduction
– Summary of Key Concerns
– Our Position and Recommendations
– Errors and the Bill’s Shortcomings
– Closing Statement

INTRODUCTION

The Education and Training (Early Childhood Education Reform) Amendment Bill is promoted as a solution to improve the effectiveness of the early childhood education (ECE) regulatory system. 

During the Bill’s first reading, Hon David Seymour shared the frustrations of ECE service operators he had spoken with—concerns that prompted the Ministry for Regulation review of the ECE regulatory system. He cited issues such as conflicting rules, a dictatorial approach, minor regulations enforced under threat of closure, and inconsistent enforcement.

The Bill is positioned as a long-overdue fix for these concerns, though it remains unclear whether the scale or severity of these issues truly warrants a full legislative overhaul. 

However, the proposed reforms risk triggering serious unintended consequences—what’s known as the cobra effect, where attempts to solve a problem end up making it worse.

SUMMARY OF KEY CONCERNS

1. Sector Impact

The Bill is designed to reduce regulatory burdens for service providers—particularly those who struggle to understand existing requirements or view current regulations and penalties for non-compliance as unfair to themselves and their business operations.

However, these reforms could backfire on the very providers the Bill aims to support.

Looser regulation is likely to attract new entrants driven by commercial interests, potentially forcing high-quality providers to close due to unfair competition.