If you’re running a childcare business, it’s crucial to ensure you’ve met all the legal requirements. Our legal team specialises in assisting small businesses in this industry with their legal needs, including contracts, privacy compliance, and intellectual property protection. Contact us today to learn more!

To start a childcare business in Australia, you will need to prepare and register a variety of legal documents. Key requirements include:

  • Registering your business name with the Australian Securities and Investments Commission (ASIC).
  • Obtaining Workers' compensation insurance and business insurance (e.g. public liability, professional indemnity).
  • Securing Council approval (if operating from a commercial premise) and a lease agreement (if renting premises).
  • Having Health and safety policies and procedures in place.
  • Complying with privacy and data protection policies and procedures.
  • Registering with the Australian Children's Education & Care Quality Authority (ACECQA) and obtaining a service approval and accreditation.
  • Meeting the National Quality Framework (NQF) requirements for childcare services, including staff qualifications and ratios.

Starting a childcare business from home can be an attractive option for business owners as it removes the need to manage a Commercial Lease. However, you need to consider how you can meet your employer obligations remotely and whether your home is sufficiently safe as a workplace too.

For instance, you'd need to carefully consider Workplace Health and Safety regulations. Further, it's advised to get a lawyer to draft contracts in a way that limits your liability for anything that goes wrong on the premises.

Like any other business, a childcare business needs to be registered with the relevant bodies (e.g. if you're under a company structure, you need to register your business with ASIC and obtain an ACN).

In light of more industry-specific requirements, you'll need to obtain a Working With Children (WWC) Check as well as a National Police Check.

Our lawyers can help you with registration requirements, including business name registration and trade mark registration - get in touch with our team to learn more.

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