The NSW Independent Pricing and Regulatory Tribunal has recently released its final report on the affordability and accessibility of childcare in NSW. It made a number of recommendations, including Recommendation 39 (page 179):
We recommend the NSW Regulatory Authority (within the Department of Education) develop a clear waiver policy on regulatory space requirements for services located on school sites.
We heard that the current regulatory space requirements for early childhood services of 3.25 sqm indoor space and 7 sqm outdoor space could be reviewed for services on school sites as shared playgrounds, libraries and gardens could provide an efficient use of resources and an opportunity to enrich learning and build strong transition pathways for children.
Earlier in this chapter we explored the restrictions on expansion due to existing space and facility requirements that may act as a barrier to increasing supply. We also recommended that the Department of Education explore strategic partnerships in regional and remote areas with providers to co-locate early childhood services on school premises, where available. School sites often provide an ideal location for early childhood education and care services it provides the convenience of a one drop-off location for families if they also have other children also attending school.
While we do not suggest that the current indoor and outdoor space requirements for early childhood services need to be changed, we recognise that schools are purpose built facilities often with a generous amount of outdoor space and facilities which could be used by a service.
We recommend that the NSW Regulatory Authority develop a clear waiver policy on regulatory space requirements, both indoor and outdoor, for services located on school sites. The NSW Regulatory Authority already has a similar waiver policy on indoor space requirements for OHSC services. This policy states that: “The current indoor space requirements of 3.25 square metres per child] are a key barrier to expansion of these services in some schools. To address this issue, the Regulatory Authority will consider applications for waivers from mandated requirements.”
It should be noted that, despite the development of a policy, each waiver application would still be assessed on a case-by-case basis. In considering whether the grant of a service waiver is appropriate, the NSW Regulatory Authority may have regard to any matters disclosed in the application and any other matter. In considering whether to grant a temporary waiver, the NSW Regulatory Authority must have regard to whether it is reasonably justified based on the special circumstances disclosed in the application.