Early Childhood Education Regulation Reform: Ero’s Proposed New Role Explained

A proposal to shift early childhood education regulation from the Ministry of Education to the Education Review Office (ERO) is now firmly on the table, opening up a debate that touches on trust, accountability and how regulation should work in practice for ECE providers.

The proposal though is not really brand new, the Government first signalled its intent back in July of 2025. But, it is only now through Parliament’s select committee process, the conversation has risen again and this time the sector has been formally invited to have its say.

For a sector already navigating reform fatigue, the question is not just what is changing, but why is it changing… now?

The Proposal

The highlight of the discussion is the possible transfer of early childhood education regulatory functions from the Ministry of Education to ERO. As of now, the regulatory responsibilities are set to start with a new Director of Regulation within the Ministry of Education, established under the Education and Training (Early Childhood Education Reform) Amendment Act 2025. This law was passed on 26 November 2025 and is supposed to come on 23 February 2026.

However, the Government now wants to revisit that particular structure. Instead of embedding ECE licensing, monitoring and compliance within the Ministry, the proposal would shift the Director of Regulation role and associated functions to ERO.

To do this, Parliament would need to amend the Education and Training (System Reform) Amendment Bill, which is currently before the Education and Workforce Select Committee.

Why this issue has suddenly come back into focus

On 15 December 2025, the Education and Workforce Select Committee expanded the scope of submissions on the System Reform Bill. This expansion explicitly allows submitters to comment on the proposed transfer of early childhood education regulatory functions.

That detail matters. The original bill did not include this proposal, largely because the ECE reforms sit under a different Act. The expanded scope now bridges that gap and gives the sector a narrow but critical window to respond.

Submissions close on 14 January 2026, leaving little time for providers, educators and advocacy groups to digest what is effectively a significant regulatory pivot.

Why early childhood education regulation is such a sensitive topic

Regulation in early childhood education is not just a technical exercise. It shapes how centres operate day to day, how compliance is enforced and how trust is built between regulators and providers. Supporters of the proposed transfer debate that ERO already has good expertise for evaluation, review and system-wide oversight. With that in mind, having just one independent body could improve consistency and reduce duplication consolidating regulatory functions A few others, however, talk about legitimate concerns. ERO has always focused on review and quality evaluation, not frontline licensing or enforcement. It is being questioned whether combining these roles could put a dent in blurring boundaries, increase pressure on providers or change the tone of regulatory engagement. The debate is not about whether regulation is needed. It is about who should hold that responsibility and how close that regulator should sit to the policy-making machinery of government.

What happens next?

The System Reform Bill’s first reading was passed in November 2025. The select committee stage is now the main opportunity for influence. If Parliament agrees to add the proposed amendment, the Director of Regulation role would move from the Ministry of Education to Education Review Office, reshaping the regulatory landscape just weeks after the original ECE reforms come into force.

For early childhood providers, this is more than a governance tweak. It affects who they answer to, how compliance conversations unfold and what regulatory culture will define the next phase of the sector.

Early childhood education regulation also sits at the intersection of child safety, educational quality and to maintain it all, the operational reality. The balance is a bit delicate and the changes deserve scrutiny.

Whether the proposal brings in strong oversights or just complications is being questioned. What is clear though is the decision that has been made will shape how regulation feels on the ground, not just how it sounds.