Childcare infectious disease rules in NSW

Who regulates childcare in NSW

The NSW Early Learning Commission is the independent regulator for early childhood education and care in NSW. It administers the National Quality Framework, and services notify it of incidents, complaints and allegations under the Education and Care Services National Regulations.

The legal duty to notify

Under section 88 of the NSW Public Health Act 2010, leaders or managers of early childhood services must notify their local public health unit as soon as practicable if they:

• become aware that an enrolled child has a vaccine-preventable disease, or
• reasonably suspect an enrolled child has been in contact with someone who has a vaccine-preventable disease, and the child has no evidence of immunisation or acquired immunity lodged with the service.

What NSW Health lists as reportable

NSW Health's list for schools and child care facilities is: diphtheria, gastro (2 or more cases), Hib, measles, meningococcal disease, mumps, pertussis (whooping cough), polio, rubella and tetanus.

How to notify

1. Complete NSW Health's vaccine-preventable disease notification form.
2. Phone the public health unit on 1300 066 055. The unit will tell you how to send the form.

A public health officer may then direct the service to act, for example by telling a parent their child can't attend while the outbreak lasts.

Gastro and other outbreaks

The Commission describes a gastro outbreak as two or more children or staff with sudden vomiting or diarrhoea within two days. Services are also encouraged to call the public health unit when they suspect any infectious disease outbreak, such as flu, COVID-19 or RSV. NSW Health publishes a Gastro Pack for childcare centres.

Don't forget the regulator

After a vaccine-preventable disease case or an outbreak, the service should also consider whether it needs to notify the Early Learning Commission under the National Regulations.

What educators do

Exclusion periods come from the NHMRC's Staying healthy and your service's policy. Record illness, tell your nominated supervisor about cases and clusters straight away, and follow your service's procedures — the director or manager usually makes the notification.