In special circumstances including during, or because of, unexpected events, the regulatory authority (the department) may grant a waiver if an approved provider cannot meet all the requirements of the National Quality Framework (NQF).
Approved providers having difficulty meeting operational requirements, such as the following, may apply for a waiver as a last resort:
The elements and regulatory requirements, including relevant transitional provisions for which you can seek a waiver, are set out in the
Education and Care Services National Regulations (Regulations 41 and 44).
The department considers waivers on a case-by-case basis.
The department will consider whether the approved provider is operating in compliance with all other requirements of the NQF.
The approved provider must provide the details and evidence of any attempts to comply with the requirement, and how they will ensure children’s health, safety and wellbeing during the waiver period.
Evidence for Waiver Applications information sheet (PDF, 142KB) explains what documentation to submit with the application according to which type of waiver is sought.
The department may need to request further information or inspect the service’s premises as part of its assessment as to whether to grant or refuse the waiver.
Approved providers can submit service and waiver applications at the same time. However the department will only decide the waiver application once service approval is granted.
In some circumstances, changing the service approval application may enable the service to operate without needing a waiver. For example reducing the number of children attending the service if there is insufficient outdoor space.
Types of waivers
There are 2 types of waivers:
- service waivers which are ongoing and have no specific expiry date
- temporary waivers which may be granted for a period of no more than 12 months.
How does a waiver work?
A service with a waiver is either taken to comply (service waiver) or is not required to comply for up to 12 months (temporary waiver) with the specified regulatory provision for which the waiver applies.
How to apply for a waiver
applying for a waiver including application requirements on the Australian Children’s Education and Care Quality Authority (ACECQA) website.
Submit a waiver application via the
National Quality Agenda IT System (NQA IT System) along with the prescribed fee.
For help with this and other NQA ITS processes, read the
Getting Started Online guidance, or a more comprehensive user guide, on the ACECQA website.
How long does it take to process a waiver application?
Under the National Law, the department has up to 60 days to assess a waiver application.
Approved providers should submit their completed application including evidence at least 60 days before they require a decision.
The department can fast track the processing of an application where the matter is outside the approved provider's control or in extenuating circumstances (e.g. natural disasters).
Contact your regional office if you need your application fast-tracked or help to complete your waiver application.
Read more about waivers for services under the NQF on the:
Log on to the
ECEC Emergency Closure portal to notify the department and families of any service closures due to a natural disaster or other unexpected event.
Help and support
If you have questions about waivers, email