Report a Concern to the Education and Care Regulatory Unit

Yes. Before you lodge a complaint with Education and Care Regulatory Unit (ECRU), you are encouraged to first attempt to resolve the matter directly with the service’s approved provider or a person in a management role at the service. For more information see the raising concerns with your education and care service fact sheet.

All services operating under the Education and Care Services National Law (WA) Act 2012 (National Law) or Education and Care Services National Regulations 2012 (National Regulations) must have policies and procedures for dealing with complaints. Services must display at their premises the name and telephone number of the person with whom you may raise your complaint.

You may contact ECRU directly with your complaint if:

• the matter is very serious or critical
• you have tried to resolve the matter with the service, but you consider it was not satisfactorily addressed
• you do not feel comfortable raising the matter directly with the service.

It is important to note that some matters are not within the scope of the National Law or National Regulations and are not investigated by ECRU. For example queries relating to fees .

ECRU may only investigate complaints that relate to the legal requirements of the Education and Care Services National Law (WA) Act 2012 (National Law) or Education and Care Services National Regulations 2012 (National Regulations). This includes complaints about educator qualifications, educator-to-child ratios, children’s supervision, and matters that impact on the health, safety and wellbeing of children at the service.

For other matters the following list of organisations may assist you with your complaint/concerns.

Fees - Contact your service’s approved provider if you have a complaint or concern about fees.

Child Care Subsidy (CCS) - Contact the Australian Government Department of Education for help with complaints about the CCS. 

Consumer rights - Contact Consumer Protection. You may wish to seek independent legal advice in relation to your complaint.

Enrolments, waiting lists and access to care - Contact the service’s approved provider if you have a complaint about enrolments, waiting lists or access to care.

The fees paid by families to the education and care service are a direct arrangement between you and your service. Queries, concerns or complaints regarding fees should be raised directly with the service.

Child Care subsidy (CCS) is not managed or regulated by ECRU. Contact the Australian Government Department of Education for help with complaints about the CCS.

Some complaints may require referral to an external agency such as WA Police, Child Protection or Working with Children Screening Unit. ECRU may need to give your name, personal information and complaint details to these agencies.

Should you wish to remain anonymous, you can discuss your privacy concerns with an authorised officer before making a complaint.  

Whilst ECRU will respect your wish to remain anonymous, your identity may become clear to the subject of the complaint. The safety of children is paramount, and our obligated action to protect children may impact our ability to protect your identity. 

ECRU will determine the most suitable action for your complaint and you may be contacted to obtain further information or evidence, if required. 

If the complaint is substantiated ECRU will take action, if necessary and appropriate, to ensure compliance with the National Law and National Regulations.

Where possible, ECRU will advise you of the investigation outcome. ECRU takes all complaints seriously and will continue to monitor and work with the service to ensure future compliance with the relevant legislation.

If you have a complaint about a creche service, you need to speak with the organisation running the creche.

Crèche services provide short term care for children while their parents participate in an activity, meeting or other event at the same location. Therefore, parents maintain responsibility for their children. Creche services are not approved education and care services and do not require a provider and service approval. ECRU does not regulate creche services.