Since 1 August, Every Childcare Service Has a Written Duty to Children With Disability. Most Have Not Read It.
On 1 August 2026, the Disability Standards for Education 2005 were extended to almost every early childhood service in Australia: long day care, family day care, in-home care, outside school hours and vacation care. The obligations under the Disability Discrimination Act were always there. What has changed is that they are now spelled out, auditable, and enforceable in a form that families and regulators can point to. Here is what the Standards require, what a reasonable adjustment actually is, and what to put in place now.
On 1 August 2026, the Disability Standards for Education 2005 stopped being something early childhood services argued about by analogy and became something they are bound by in terms.
The amendment, made after public consultation in 2025, extends the Disability Standards for Education to any service that receives the Child Care Subsidy or is approved under the National Quality Framework. It also covers any service required by state or territory law to deliver a program based on an approved learning framework. In practice, that is most long-day care, family day care, in-home care, outside-school-hours care, and vacation care services. Preschools and kindergartens were always covered.
The Department of Education is careful with its language. The change introduces no new legal obligation. The duty not to discriminate against a person on the ground of disability has been set out in section 24 of the Disability Discrimination Act since 1992. It covers refusing a service and the way a service is provided. What the Disability Standards for Education do is spell out how that duty applies, obligation by obligation. They put it in a form a family, an advocate or a regulator can hold up and ask a service to answer.
Parts 4 to 8 of the Standards now apply to early childhood services as if they were educational institutions. They set five substantive obligations:
- Enrolment. A child with a disability must be able to seek and gain enrolment on the same basis as a child without a disability, with reasonable adjustments to the process.
- Participation. The child must be able to participate in the program and use the facilities and services on the same basis as other children.
- The educational program. The program must be developed, delivered and, where relevant, assessed so the child can participate. Curriculum developers are covered too.
- Support services. The child must be able to access the specialist support services needed to participate in the program.
- Harassment and victimisation. The service must have strategies to prevent harassment and victimisation of a child because of disability, and act when it occurs.
Running through every one of them is the reasonable adjustment process in Part 3 of the Disability Standards for Education. Consult the child’s family. Consider the child’s needs and the effect of the adjustment on the child, other children, and the service. Weigh the cost and the benefit. Decide. Provide the adjustment within a reasonable time. Record what was done. A service that cannot show that process happened cannot show it met the Standards, however inclusive its practice feels on the floor.
For a privately owned long day care centre, this is a policy, a process and a records question as much as a matter of values. The rest of this article works through each obligation, what a reasonable adjustment is and is not, and the unjustifiable hardship defence. It covers what a family or regulator can now ask to see, and what the Disability Standards for Education mean for community kindergartens, visiting therapists and advisers. It ends with a free process kit.
The point in one minute
- From 1 August 2026, the Disability Standards for Education apply to most early childhood services, not just preschools and kindergartens.
- No new duty, but the existing one is now written out: enrolment, participation, program, support services, and harassment, each on the same basis as other children.
- The reasonable adjustment process is the core: consult, consider, decide, provide in time, record. The record is what a complaint or audit will ask for.
Unjustifiable hardship is a defence, not an exemption, and it has to be shown with evidence, after adjustments have been considered.
Free Resource: The Reasonable Adjustments Process Kit for Early Childhood Services
A consultation and decision record, an adjustment register, an unjustifiable hardship analysis sheet and a five-obligation self-check, built to the Standards and ACECQA’s guidance.
Digging Deeper
Why the Standards were extended
The Australian Government reviewed the Disability Standards for Education after families, carers and early childhood advocates said the rules needed to be clearer. Preschools and kindergartens were covered because they are educational institutions. Long day care and outside-school-hours care deliver an approved learning framework to the same children, but sit outside the definition. They had to argue that the Disability Standards for Education applied by analogy. Families of children with disability reported being turned away, offered reduced hours, or asked to leave once a child’s needs became apparent. There was no clear framework to point to.
The 2025 amendment inserts definitions of an educational early childhood service and an educational early childhood service provider. It applies the Disability Standards for Education to those services as if they were courses or programs offered by an education provider, regardless of the mode of delivery. It commenced on 1 August 2026. ACECQA was commissioned to update its Disability Discrimination Act resources. It published information sheets for National Quality Framework services and for out-of-scope services on 30 July, with a tip sheet on reasonable adjustments in centre-based services the same day. The Department updated its fact sheet, explanatory guide, and toolkit for families advocating for their child in the same week.
The five obligations in practice
Obligation | What it requires | What a service must be able to show |
Enrolment (Part 4) | Reasonable adjustments to the enrolment process; the same information, timeframes and options as other families | An enrolment process that asks about needs without screening children out; records of adjustments offered |
Participation (Part 5) | Reasonable adjustments so the child can take part in the program, routines, excursions and events; consultation with the family | Individual planning documents; consultation notes; evidence adjustments were made in reasonable time |
Educational program (Part 6) | Program developed and delivered so the child can participate; curriculum developers also bound. | Program plans showing how the learning framework is adapted for the child |
Support services (Part 7) | Access to specialist support (therapy, equipment, additional educators) needed to participate; facilitation of external supports. | Inclusion Support Program applications; records of therapist access and coordination |
Harassment and victimisation (Part 8) | Strategies to prevent harassment based on disability, for the child and their associates; action when it occurs | A policy, staff training records, complaints and incident records showing response |
Every obligation in the Disability Standards for Education is expressed on the same basis. The Standards define that phrase. The child has opportunities and choices comparable to those of children without disability, and adjustments are made where needed to achieve that. It is a comparative test, applied to each child.
What a reasonable adjustment is, and is not.
An adjustment is a measure or action taken to help a child with disability participate on the same basis. It is reasonable if it balances the interests of everyone affected: the child, the service, staff and other children. The Disability Standards for Education list what a service must consider in deciding whether an adjustment is reasonable. The child’s disability. The views of the child and the family. The effect of the adjustment on the child, including on their independence and participation. The effect on anyone else, including staff and other children. The costs and benefits of making it.
Consultation is not optional. A service must consult the family and, where appropriate, the child before deciding on an adjustment. It must provide the adjustment within a reasonable time. Adjustments in early childhood are often modest. A visual schedule, a quieter transition, a modified sleep routine, a change to the layout of a room. An additional educator funded through the Inclusion Support Program, or time for a visiting therapist. What is not an adjustment is a reduced offer, such as fewer days, shorter sessions or a trial period, imposed because of disability rather than agreed as the child’s best arrangement. Under the Disability Standards for Education, that is the discrimination the instrument was written to prevent.
Unjustifiable hardship
A service is not required to make an adjustment that would impose unjustifiable hardship. The defence exists, and small services will sometimes need it. It is narrower than most operators assume. It applies only after the service has considered whether an adjustment can be made, and it must be established on evidence. The benefit to the child and others. The detriment to anyone. The effect of the disability. The cost, the service’s financial circumstances, and any funding available. A service that declines an adjustment must be able to show it did that analysis. A service that declines enrolment because a child seems like a lot of work has not done so.
What a family or regulator can now ask to see
Because the Disability Standards for Education are an instrument under the Disability Discrimination Act, a complaint goes to the Australian Human Rights Commission, and if unresolved, to court. Because the same conduct falls under the National Quality Framework, the state regulator can also act. Both will ask for the same things. The enrolment policy and its handling of disability. The record of consultation with the family. The adjustments considered, decided and provided, with dates. Any unjustifiable hardship analysis. The program plan showing how the child participates. The harassment policy, staff training and any complaint or incident records. The earlier article in this series on childcare spot checks noted that Commonwealth officers refer quality and safety concerns to the state regulator. Inclusion concerns observed during a visit will be addressed the same way.
What this looks like in your sector
Privately owned long day care. The commercial reality is that an inclusive service is a full service. Families talk, and a service known for turning children away loses enrolments it never sees. The practical work is four documents. An enrolment process that asks about a child’s needs to plan for them, not to screen. An individual planning template for recording consultations and adjustments. A policy on harassment and victimisation that names disability and covers families and associates. And a short procedure for deciding, providing and recording adjustments, including when to apply for Inclusion Support Program funding. Those documents are what the Disability Standards for Education now expect a service to produce.
Community kindergartens and not-for-profit services. Kindergartens have been covered by the Disability Standards for Education since 2005. For them, the change is less about new obligations and more about consistency across the sector and the new resources. Committees should check that the service’s policies reference the Standards and that the inclusion policy was written from practice rather than a template. Volunteers, who are now being added to the National Early Childhood Worker Register, should be covered by the harassment and victimisation strategies.
Allied health. Occupational therapists, speech pathologists and psychologists who work with children in services are the support services Part 7 of the Disability Standards for Education refers to. A service must facilitate access to them. For practitioners, that means clear arrangements with services on visiting times, working-with-children checks and information sharing with consent. It also means providing the documentation the service needs to show the adjustment was provided. Thriving Kids begins on 1 October 2026 for children under 9 with developmental delay or lower autism support needs, and will route more of this work through early childhood settings.
Professional services. HR and workplace advisers to services should treat the harassment and victimisation obligation as a policy, training and complaints question. It sits naturally beside the positive duty under the Sex Discrimination Act that services already carry. Accountants and advisers can help with the unjustifiable hardship analysis under the Disability Standards for Education, which turns on cost, benefit, and available funding, and requires numbers a service can defend.
This month
- Read the ACECQA information sheet for your service type. Published 30 July 2026. Twenty minutes. Then read the enrolment policy against it.
- Rewrite the enrolment process. Ask about needs to plan for them. Remove anything that offers less because of disability.
- Adopt the adjustment process. Consult, consider, decide, provide in time, record. The kit below is the template.
- Check the harassment policy and train the team. Disability must be named, families and associates covered, and staff able to explain what they would do.
- Review every current child with disability. Is there a consultation record, an individual plan and evidence of adjustments provided? If not, start one now.
Frequently Asked Questions
Did anything actually change on 1 August 2026?
The legal duty did not. The Disability Discrimination Act has prohibited discrimination in the provision of services since 1992. What has changed is that the Disability Standards for Education now apply to most early childhood services. The obligations regarding enrolment, participation, program, support services, and harassment are set out and can be tested against your records. The argument that the Standards did not apply to long day care is gone.
Can we say we are full, or that we cannot meet a child’s needs?
You can be full if you are full for every child. You cannot decline or reduce an enrolment because of disability without first considering adjustments and consulting the family. If you rely on unjustifiable hardship, you must be able to show the analysis. A service that would have enrolled the same child without the disability has its answer.
Who pays for adjustments?
Most adjustments in early childhood cost little. Where additional educators or specialist equipment are needed, the Inclusion Support Program provides funding to eligible services, and the NDIS or Thriving Kids may fund therapy. Cost is one factor in whether an adjustment is reasonable under the Disability Standards for Education. It is weighed against benefit and available funding, and the analysis must be documented.
Does this apply to family day care and vacation care?
Yes. The amendment covers services approved for the Child Care Subsidy, services under the National Quality Framework and services approved under state or territory law. That includes family day care, in-home care, after-school care, and vacation care. ACECQA has published a separate information sheet for services outside the National Quality Framework.
Where would a complaint go?
A complaint under the Disability Standards for Education goes to the Australian Human Rights Commission for conciliation, and can proceed to court if unresolved. The same facts can also be raised with the state regulator under the National Quality Framework. Complaints made to the service itself should be handled in accordance with the complaints policy and recorded. The record is the first thing either body will request.
Inclusion You Can Show
Most early childhood services want to include every child. The Disability Standards for Education ask them to show it, in a process a family can rely on and a record a regulator can read. SBAAS works alongside privately owned and community-managed early learning services, allied health practices and the advisers who support them across Queensland. We write enrolment, inclusion, and harassment policies based on real-world practice and build the adjustment process that supports them. If you would like an honest read on where your service stands, we are ready when you are.
Find out more about SBAAS and book a conversation.
General information for Australian early childhood services as at 7 September 2026, not legal advice. The Disability Standards for Education 2005 as amended commenced for early childhood services on 1 August 2026 and operate alongside the Disability Discrimination Act 1992 and the Education and Care Services National Law and Regulations. Seek advice tailored to your service, particularly before relying on unjustifiable hardship.
Sources
Australian Children’s Education and Care Quality Authority. (2026, June 25). Upcoming changes to the Disability Standards for Education. https://www.acecqa.gov.au/latest-news/upcoming-changes-disability-standards-education
Australian Children’s Education and Care Quality Authority. (2026, July 30). Disability rights and obligations information sheet: NQF services. https://www.acecqa.gov.au/sites/default/files/2023-12/IS1DDA_InfoSheet_ProvidersStaff.pdf
Australian Children’s Education and Care Quality Authority. (2026, July 30). Tip sheet: Creating inclusive environments, six tips for making reasonable adjustments in early years centre-based services. https://www.acecqa.gov.au/sites/default/files/2022-09/DDA_Tipsheet_2%20-%20Creating%20inclusive%20environments%20in%20centre-based%20services.pdf
Department of Education. (2026, August 3). Disability Standards for Education now include early childhood education and care services. https://www.education.gov.au/disability-standards-education-2005/announcements/disability-standards-education-include-ece-and-care-services
Department of Education. (2026). Explaining the Disability Standards for Education. https://www.education.gov.au/disability-standards-education-2005/resources/explaining-disability-standards-education
Department of Education. (2026). Fact sheet 2: Disability Standards for Education 2005. https://www.education.gov.au/swd/resources/fact-sheet-2-disability-standards-education-2005
Federal Register of Legislation. (2026). Disability Standards for Education 2005 (compilation as at 1 August 2026). https://www.legislation.gov.au/F2005L00767/latest/text
MinterEllison. (2026, August 13). Disability standards now cover early childhood education: What providers need to know from August 2026. https://www.minterellison.com/articles/disability-standards-now-cover-early-childhood-education
NovoCove. (2026, June 27). Disability Standards for Education 2026 ECEC guide. https://novocove.com/blog/disability-standards-education-2026-amendment-ecec
The Sector. (2026, July 1). Disability Standards for Education changes: What ECEC providers need to know before 1 August. https://thesector.com.au/article/disability-standards-for-education-changes-ecec-providers-2026
The Sector. (2026, August 3). Disability Standards for Education expanded to include most ECEC services. https://thesector.com.au/article/disability-standards-for-education-expanded-to-include-most-ecec-services
Eric Allgood is the Managing Director of SBAAS and brings over two decades of experience in corporate guidance, with a focus on governance and risk, crisis management, industrial relations, and sustainability.
He founded SBAAS in 2019 to extend his corporate strategies to small businesses, quickly becoming a vital support. His background in IR, governance and risk management, combined with his crisis management skills, has enabled businesses to navigate challenges effectively.
Eric’s commitment to sustainability shapes his approach to fostering inclusive and ethical practices within organisations. His strategic acumen and dedication to sustainable growth have positioned SBAAS as a leader in supporting small businesses through integrity and resilience.
Qualifications:
- Master of Business Law
- MBA (USA)
- Graduate Certificate of Business Administration
- Graduate Certificate of Training and Development
- Diploma of Psychology (University of Warwickshire)
- Bachelor of Applied Management
Memberships:
- Small Business Association of Australia –
International Think Tank Member and Sponsor - Australian Institute of Company Directors – MAICD
- Institute of Community Directors Australia – ICDA
- Australian Human Resource Institute – CAHRI
Our Consulting Services
Management Consulting
Compliance & Risk
Professional Writing Services
Consistency in Communication
Small Business Consulting
Sustainable Businesses
Start-ups
Set-up for Success
Further Reading
Since 1 August, Every Childcare Service Has a Written Duty to Children With Disability. Most Have Not Read It.
On 1 August 2026, the Disability Standards for Education 2005 were extended to almost every early childhood service in Australia: long day care, family day care, in-home care, outside school hours and vacation care. The obligations under the Disability Discrimination Act were always there. What has changed is that they are now spelled out, auditable, and enforceable in a form that families and regulators can point to. Here is what the Standards require, what a reasonable adjustment actually is, and what to put in place now.
Your Next Patient May Never See a List. An AI Will Choose for Them.
More and more buying decisions are being made by AI, not people. For allied health practices, that shift may soon influence how patients discover, compare and book healthcare services. As AI agents become the gatekeepers of search and selection, practices with accurate, consistent and easily accessible information will be the ones most likely to be recommended. The good news? The same factual, transparent approach that AI rewards is also aligned with AHPRA’s advertising requirements.
Most Small Businesses Now Own AI. Almost None Use It Well. Here Is How to Be the Exception.
Most small businesses now use some form of AI. Very few get real value from it. Agentic AI changes that by moving beyond simple prompts and handling multi-step tasks, but the advantage does not come from owning more tools. It comes from choosing one useful workflow, keeping a person accountable, measuring the result, and building from what works.
The Price of Getting It Wrong Just Doubled
In March 2026, the maximum penalties under the Australian Consumer Law doubled overnight. You will probably never face the top fine. So why should a small business owner care? Because the change quietly raised the stakes on the everyday decisions you already make, from the quote you send tomorrow to the refund you handle next week.
Seven in Ten Change Efforts Fail. The Problem Is Rarely the Plan.
Most change efforts fail, and almost never because of the plan. They fail on people. Leading change well means giving people a compelling why, modelling the change yourself, bringing your team and clients with you, and following through long after launch. Get that right, and change becomes the thing that pulls your business ahead, not the thing that breaks it.
Hidden Fees Just Became a Very Bad Idea
You advertise a price. The customer reaches the end, and the total has grown: a booking fee here, a card surcharge there. It feels harmless. It is not. Hiding compulsory fees until checkout is against the law; regulators are fining businesses for it, and a change set to land in October 2026 is about to make surprise fees riskier than ever.