ACECQA Compliance in Early Learning Recruitment: What Every Centre Director Needs to Know

In Australia’s early childhood education and care (ECEC) sector, recruitment is more than filling vacancies. It is about ensuring compliance, safeguarding children, and maintaining the integrity of service quality. At the centre of this is the Australian Children’s Education & Care Quality Authority (ACECQA), the national authority overseeing the implementation of the National Quality Framework (NQF).

For centre directors and operators, understanding how ACECQA compliance impacts recruitment is critical. From qualifications to working with children checks, the standards are not just best practice; they are non-negotiable legal requirements.

A 2023 ACECQA report found that only 37% of services assessed met or exceeded the standard in Quality Area 4: Staffing Arrangements, a reminder that compliance in recruitment continues to be a challenge for many services.

Why ACECQA Compliance Matters in Hiring

ACECQA’s role in ECEC recruitment is to ensure consistency and quality across all services in Australia. Under the NQF, approved providers and nominated supervisors are required to employ educators who meet specific qualification and experience standards.

Failing to comply with these regulations can result in:

• Service ratings being downgraded under the National Quality Standard (NQS)
• Regulatory action from state and territory authorities
• Reputational damage and loss of parent trust

Key ACECQA Requirements in Recruitment

Here are the main compliance areas recruiters and providers must consider when hiring ECEC staff:

Approved Qualifications

Educators must hold or be actively working towards ACECQA-approved qualifications. This applies to:

• Certificate III level educators
• Diploma-qualified educators
• Early Childhood Teachers (ECTs)

The qualification must be listed on ACECQA’s official qualifications checker. For international qualifications, ACECQA offers an assessment process to determine equivalency.

Recruiters must verify:

• The qualification level meets the regulatory requirement for the position
• It appears on ACECQA’s approved list
• The candidate is either qualified or actively working towards (with sufficient evidence)

Working With Children Checks (WWCC)

Every staff member engaged in child-related work must hold a current and valid Working With Children Check in the state or territory of employment. This is a mandatory requirement. A candidate with a WWCC from another state must apply for one in the service’s jurisdiction.

In multi-state recruitment, it is essential to have systems in place that track expiry dates, status updates, and automatic rechecks.

Ratio and Staffing Requirements

Recruitment must align with mandated educator-to-child ratios, which are set under the National Quality Framework and vary by children’s age group and service type. These ratios are crucial for compliance and apply at all times children are being educated and cared for, including during breaks and excursions.

Below is a breakdown of the minimum educator-to-child ratios currently recognised by ACECQA, along with state and territory variations:

Key compliance considerations:

• Ratios must be maintained at all times, not averaged across a shift.
• Educators must be qualified or actively working toward an ACECQA-approved qualification to be counted in ratio.
• Services must plan for break coverage, excursions, and staff illness, ensuring ratios are always upheld.

Hiring too few educators or including unqualified staff in the ratio can result in non-compliance during assessment and rating visits or unscheduled regulatory audits. It may also pose serious risks to child safety and negatively impact a service’s National Quality Standard (NQS) rating.

At McArthur, we work with clients across every state and territory and ensure our recruitment approach considers these jurisdiction-specific ratio rules, helping centres stay compliant while maintaining educational quality.

First Aid, CPR, Anaphylaxis and Asthma Management

To comply with Regulation 136 of the Education and Care Services National Regulations, services must ensure that at all times at least one staff member present holds current certifications in:

• HLTAID012 Provide First Aid in an Education and Care Setting
• CPR (updated annually)
• Asthma management
• Anaphylaxis management

These certifications must be issued by a registered training organisation and remain current. Employers should verify and retain documentation during recruitment and onboarding processes.

Fit and Proper Person Requirements: Ensuring Leadership Integrity

Under the Education and Care Services National Law, approved providers are legally required to ensure that all individuals in key leadership or supervisory roles, particularly nominated supervisors, persons in day-to-day charge, and certified supervisors, meet the criteria of being a fit and proper person. This obligation forms a critical part of the sector’s commitment to safeguarding children and maintaining public trust in early learning services.

A person is deemed fit and proper based on a combination of their criminal history, professional conduct, and character references. The following elements must be assessed and documented during the recruitment and onboarding process:

Mandatory Checks and Verifications:

• National Police Check (NPC): A current and satisfactory criminal history check is required. This includes disclosure of any offences that may pose a risk to the safety, welfare, or wellbeing of children.
• Working With Children Check (WWCC): This is a legal requirement across all states and territories for anyone working directly with children. The WWCC must be verified for jurisdictional validity and monitored for expiry or cancellation.
• Referee Reports and Character Assessments: At least two recent, professional references must be obtained that speak to the individual’s integrity, reliability, leadership capability, and suitability to work in a child-focused environment.
• Disqualification Checks: Individuals must not be prohibited or disqualified from working under the Education and Care Services National Law or Regulations, including any prior regulatory breaches or cancelled accreditations.
• Declarations of Suitability: Candidates must disclose any circumstances (such as past disciplinary action, bankruptcies, or adverse findings in civil proceedings) that may impact their fitness for the role. These declarations should be formally recorded and reviewed.

Best Practice for Employers:

Embedding a structured and documented background screening framework into your recruitment process is essential. This should include:

• A consistent checklist for all leadership roles
• Secure recordkeeping of compliance documentation
• Regular audits and re-verification procedures
• Clear procedures for withdrawing offers if red flags arise during screening

At McArthur, we apply a rigorous due diligence process for all leadership candidates in the early learning sector. Our compliance protocols are aligned with ACECQA guidelines and state regulatory authority expectations, giving you peace of mind that any supervisor we place meets the full definition of fit and proper.

How McArthur Ensures ACECQA-Aligned Recruitment

At McArthur, we specialise in ECEC recruitment that meets both regulatory requirements and the real-world needs of early learning services. Our recruitment consultants are industry insiders, many with direct experience in the education and care sector.

Here’s how we guarantee ACECQA compliance in every placement:

• Qualification verification against ACECQA’s approved lists
• Cross-checking WWCCs by jurisdiction with alerts for expiration
• Screening for first aid and emergency training currency
• Detailed reference checks and character assessments
• A strong understanding of ratio and roster planning, ensuring compliant staffing structures

Our team of early childhood recruitment consultants are not only experienced in hiring but deeply familiar with the regulatory expectations and challenges unique to the sector.

Navigating Compliance in a Tight Talent Market

With workforce shortages across the ECEC sector, particularly in regional areas, compliance can feel like a barrier to hiring. But cutting corners is a risk that providers simply cannot afford.

Instead, the solution lies in working with a specialist recruitment partner that understands the NQF, ACECQA standards, and how to build a pipeline of educators who are both capable and compliant.

Ready to Build a Compliant, High-Performing Educator Team?

If you are seeking confident, compliant, and experienced early childhood educators, McArthur can support your goals. Our recruitment process ensures every placement is fully aligned with ACECQA standards, giving you peace of mind and helping your service maintain high-quality outcomes.