Announcement date
24 November 2025
Link to announcement
Senate disallowable instruments list – Parliament of Australia
Problem being addressed
The Disability Standards for Education 2005 (the Standards) clarify the obligations of education and training providers under the Disability Discrimination Act 1992. The Standards currently apply to most education sectors, including kindergartens and preschools, but do not explicitly extend to other types of early childhood education services.
In the 2020 Review of the Standards, parents, carers, early childhood education and care services and advocates told the Review the requirements under the Disability Discrimination Act 1992 for early childhood education services need to be clearer. The Review recommended including early childhood education services in the Standards.
Proposal
The Impact Analysis Equivalent considers three options to amend the Standards:
- Option 1: maintain the status quo
- Option 2: amend the Standards to include ECEC services that are legally required to deliver an education program based on an approved learning framework
- Option 3: amend the Standards to include all ECEC services.
Option 2 is the recommended approach. It is expected to provide the greatest clarity for early childhood education and care services regarding their obligations under the Disability Discrimination Act 1992, compared to both the status quo and Option 3.
Assessed Impact Analysis outcome
Compliant Impact Analysis Equivalent (IAE)
Assessment comments
The Office of Impact Analysis (OIA) does not assess the quality of reviews and documents used in lieu of an Impact Analyses (IA). IAEs are assessed by the OIA for relevance to the recommended options and for the coverage of the seven Impact Analysis questions.
The OIA assessed that the options and analysis contained in the Review and supplementary analysis prepared by the Department of Education (the Department) to be sufficiently relevant to the proposal.
Regulatory burden
The Department estimates the preferred option - Option 2 - will result in a regulatory cost of $32.45 million in the first year only. Key cost drivers include: time required for staff to understand the changes; updating policies and procedures; uplift in understanding the changes for parents and carers. After the first year, the practices and policies associated with implementing the changes will be business as usual, consistent with the implementation of current regulatory requirements under the Disability Discrimination Act 1992.