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News Policy

Upcoming changes to ECEC regulations

The Assistant Minister for Education Sussan Ley has issued a press release foreshadowing changes to the National Quality Framework regulatory system.

“The Coalition has a clear position supporting high-quality child care, but it needs to be delivered in a fairer way that doesn’t make it unaffordable and inaccessible for parents and providers,” Ms Ley said.

“The child care industry has said loud and clear that Labor’s increased red tape and regulations are some of the main reasons forcing them to raise fees and we’re listening.

“These changes will be a significant first step in improving the implementation of the National Quality Framework.

There is so much that is alarming in this short press release, it’s hard to know where to begin.

As I have said again and again, the issue of “red tape” is only an issue for people who don’t take their jobs seriously.

 “Currently all operators have to undergo assessment in seven ‘quality areas’ that require compliance with 18 ‘standards’ and 58 ‘elements’ just to receive a quality rating—it’s a bureaucratic nightmare,” Ms Ley said.

 

Assistant Minister Ley talks about the 58 elements that services have to be assessed against as a “bureaucratic nightmare”. This is absolute nonsense, and needs to be called out as such. The examples of the United States and Ireland demonstrate that a system without oversight directly harms children.

“But if it wasn’t complex enough, none of these regulations are individually weighted to represent their importance, meaning one minor issue could deliver a poor rating across the board.”

I agree that there is a discussion that needs to be had about the assessment and rating process. For many centres it is inequitable. But the standards themselves are great – in fact, the bar should be raised higher in many of them.

No specific changes are mentioned in the press release, but merely promises to “streamline” processes.

It is intimated in the release that there could be changes to qualification requirements and ratios.

Advocates for quality education and care should be concerned. Watch this space.

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Blog Policy

Terms of reference should be sounding alarm bells

On Sunday November 17, the Federal Government formally launched and announced the terms of reference for the Productivity Commission’s  “Inquiry into Child Care and Early Childhood Learning”.

Throughout the Labor Government’s six-year term in office, the Coalition opposition regularly attacked their changes to the early childhood education and care (childcare) sector

Labor convinced all states and territories to sign up, through COAG, to the National Quality Framework (NQF) for early childhood education and care (ECEC). This was a significant achievement, and was an attempt to unify disparate and complicated state-based regulation and oversight.

The principle objectives of the NQF were a concern for the heavyweight players in the ECEC sector, the for-profit private operators. Lower staff-to-child ratios and higher qualification requirements for early childhood educators would directly eat in to their potential profits.

The Coalition gladly took up the banner for the private operators, running ridiculous lines on “the burden of red tape” and “the dead hand of Government regulation”.

For those who take early childhood education seriously, and not as an excuse to make a quick buck, the NQF has drastically streamlined and reduced regulation and paperwork.

This is clearly evident to those of us who managed services in the wildly divergent and complicated system of the National Childcare Accreditation Council, pre-2012.

As promised in the lead up to the 2013 Election, the newly elected Coalition Government will be tasking the Productivity Commission to look into the state of ECEC in Australia. It will report back in October 2014.

Despite assurances from the Government that they support the objectives of the NQF in regards to children’s learning, the Government’s stated intentions in the terms of reference should be ringing major alarm bells for families, educators and early childhood education advocates.

The terms of reference and scope of the inquiry clearly demonstrate that the Government is only viewing the ECEC sector through the very narrow and damaging prism of workforce participation and economic imperatives.

They state it clearly themselves: “We want to ensure that Australia has a system that provides a safe, nurturing environment for children, but which also meets the working needs of families.”

The current Government longs for the days when “daycare” was provided by “nice old ladies” for the love of it.

With the greatest of respect to nice old ladies, those days are over.

Early childhood education and care is about more than a “safe, nurturing environment”. It is a place where children can learn and play socially and safely, developing the skills that will set them up for success in future learning.

Where early childhood education and early learning are mentioned at all in the Government’s announcement, it is far down the list on priorities.

To take a brief look at the section ‘the current and future need for childcare’, “hours parents work” ranks No. 1 on the list.

The “needs of vulnerable or at-risk children”? No. 11.

Could there be a clearer indication of this Government’s priorities?

The Government has also tasked the Productivity Commission to only offer recommendations “within current funding parameters”, effectively ruling out any increase in funding to the sector.

With a sector beset by wages and conditions that should be a national scandal, working with children at the most important stage of their development, this is unacceptable.

The Government’s repeated mantra on “red tape” is also a huge concern. Clear regulation and oversight is essential to the safety and wellbeing of children.

You need only look at systems in the United States and Ireland to see where a desire to not have “unnecessary bureaucracy” has directly endangered the safety, or even the lives, of children.

The inquiry will also be examining the ability of the ECEC sector to meet the “needs of today’s families and today’s economy”.

I am always interested in how it is the community who has to be more “flexible” to business interests.

I’m not sure where the Government’s entreaties to the business community to be more “flexible” to the needs of families are.

Yes, the growing amount of shift and casual work is undoubtedly causing issues for some families (although, as is always the case with this argument, no-one actually has any data to prove it).

But why do we automatically leap to the assumption that the community systems around that issue must change and adapt? Why is there not a national discussion on the business community’s role in supporting families?

The Government’s determination to work within the current market-based system is disappointing, but unsurprising. This was a key “win” for the Howard Government, turning over the education and wellbeing of Australia’s children to profiteering private operators.

The deference to market-based solutions to community and social issues is so stupid as to be hardly worth rebutting.

All that needs to be said is that if the market was capable of providing this “service” to the community in an adequate and cost-effective way, why on earth are there two generous and expensive subsidies available to families (the Child Care Benefit and the Child Care Rebate)?

The inquiry does have the potential to identify systemic issues with the sector, which advocates have been identifying for decades.

Any reasonable examination of the current structure of ECEC can only discover that it is fundamentally flawed. This could be extremely positive for the sector, as the Government can hardly ignore the report it asked for.

The Coalition (and even the Labor Government, who lacked the imagination to fundamentally shake-up the system) have always viewed turning the sector over to the private providers as positive.

It is entirely likely that the Productivity Commission will actually report that it was a huge error that has fundamentally disadvantaged children, families and the community for years.

There will already be a million eyes rolling as they read this, but the fundamental question needs to be asked. Do we want to live in an economy? Or do we want to live in a society?

So ECEC can increase workforce participation. Great. To what end?

This may come as a shock, but I don’t carry out my work as a teacher with children to incrementally increase Australia’s GDP output.

I can think of a number of reasons why ECEC is vital to our community: setting children up to succeed in school and life; lifting children and families out of generational vulnerability; closing the gap between Indigenous and non-Indigenous people.

Preparing children to be good little contributors to the economy is not high up on my list.

Sunday’s announcement needs to be a clarion call to arms for early childhood education advocates. The lines have been drawn.

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News Policy

Terms of reference out for Productivity Commission inquiry

The Federal Government today formally announced the “terms of reference” and scope for next year’s Productivity Commission into “Child Care and Early Childhood Learning”.

The Government is delivering on its priority commitment to task the Productivity Commission with an inquiry into how the child care system can be made more flexible, affordable and accessible.

The Inquiry will identify how the current system can be improved to make it more responsive to the needs of parents.

We want to ensure that Australia has a system that provides a safe, nurturing environment for children, but which also meets the working needs of families.

Our child care system should be responsive to the needs of today’s families and today’s economy, not the five-day 9am-5pm working week of last century.

I’ll have a longer article up on this later this week, but this should be sounding alarm bells for all advocates for early childhood education.

The announcement makes clear that workforce participation and economic imperatives are the focus for this Government.

The sector will need to be putting up some strategic and sustained advocacy in the face of this.

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Blog

What is Labor’s legacy on ECEC?

New governments mean new ministers. For the ECEC sector, that’s Sussan Ley. She was previously Shadow Minister for Childcare and Early Learning, and is now the Assistant Minister for Education, with responsibility for childcare and early learning.

During the campaign, the Coalition released their childcare and early learning policy on the Thursday night before polling day. For this they were rightly criticised.

The policy itself includes a proposal to review and potentially pause some of the foundational requirements of Labor’s National Quality Framework reforms.

This has divided the sector. Some fear that quality standards will stall and potentially be turned back, while others support the review due to immense difficulties meeting Labor’s new requirements.

The review will be particularly welcomed by the for-profit operators in the sector, who extensively lobbied the Coalition in opposition to scale back the reforms.

It is therefore interesting to note that one of Ley’s first acts in her new role was to attend Child Care Queensland and Australian Childcare Alliance’s annual conference — two organisations that represent a significant part of the private sector.

The Coalition have also hinted that the two-year commitment to increase early childhood educator’s wages under Labor’s Early Years Quality Fund may not be honoured.

No more detail about the Government’s plans for the sector is forthcoming, so it seems worthwhile at this time to focus on the last six years and reflect on what Labor’s legacy on early education and care will be.

The statistics alone are significant — over a million children are now in some form of formal childcare. This can be attributed in large part to the increase of the Child Care Rebate from 30 per cent to 50 per cent of out-of-pocket expenses, sparking a huge increase in enrolments.

Their signature legacy in this area will of course be the National Quality Framework (NQF). Agreed by COAG and introduced at the beginning of 2012, the NQF was a significant undertaking – bringing together diverse, uneven and outdated regulatory standards across the states and territories and unifying them under a single framework.

For the first time in Australia, there is now a single standard that every Long Day Care, School Age Care, Family Day Care and Preschool service have to meet — and be regularly assessed to ensure they are meeting it.

That it took this long for a minimum standard to be set for the wellbeing and safety of children in formal childcare was a national disgrace.

A last-minute measure to address the appallingly low wages for early childhood educators, the Early Years Quality Fund, proved to be divisive and inequitable, actually contributing to issues within the sector rather than solving them.

The Labor government did however commit to supporting a wage equity case at Fair Work Australia within two years, with a focus on gender being the primary cause of the low wages (similar to the Social and Community Services Award case).

Labor should be commended for convincing the Coalition State Governments to sign on to at COAG, but the implementation of the reforms have been patchy.

The structural issues facing the sector were, and are, huge. The only thing larger was the capacity of governments, Labor and Liberal, to cheerfully ignore them.

The collapse of ABC Learning in 2008 should have been the catalyst for the newly-installed Rudd government to address the inherent contradictions in having early learning and care for children farmed out to private operators, and then spending billions of dollars to families to subsidise families using those private businesses.

This recipe has created low wages and a lack of professional recognition for the educators who actually do the work, and has allowed the private for-profit sector to set the agenda on early learning.

Over 70 per cent of the sector is now privately operated, putting profits ahead of the benefit of children.

For-profit advocacy groups, such as the Australian Childcare Alliance, have successfully pushed the case with the then-Opposition Coalition Government that the sector is “drowning in red tape”, a blatant lie.

Instead of having the vision to tackle the for-profit operators, the Labor Government essentially continued on with business as usual, continuing to spend billions on rebates instead of investing directly into the sector.

Had it done so, the NQF could have been rolled out and implemented smoothly, protecting the scheme from being dismantled, the likely result under the Coalition.

The childcare sector as a whole was never going to be ready to implement even the beginning of the qualification requirements by 2014. As has been recently reported, organisations are having to seek qualified teachers overseas due to a systemic shortage of locals.

The NQF should have been accompanied with significant funding and support to the sector, and a long-term campaign to gain public support for the benefits of early childhood education.

The conversation should have been shifted from just workplace productivity or economic imperatives, but for the capacity for accessibly, high quality early learning to tackle disadvantage and inequity and invest in Australia’s future.

Labor has gifted the Coalition a major goal on childcare. Their failure to invest the necessary funding and support into the sector has allowed the Coalition to persuasively argue that the reforms are a burden, and are actually making things worse.

The NQF should have been the turning point the sector so badly needs. It should have fundamentally and permanently altered the national perspective on early childhood education in Australia.

But, as with so much of Labor’s time in government, this strong vision was hampered by an inability to actually implement the reforms on the ground.

Instead, it seems likely that for-profit advocacy and a new government happy to buy the line that the NQF is unnecessary bureaucracy will see the prospects for young children severely diminished.

Labor’s mismanagement of the NQF implementation may hamper our fight for recognition and structural reform for years. What a legacy.

This article was originally published on the New Matilda website on 26 September 2013.

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News

Early childhood out of the Ministry

Tony Abbott has announced the make-up of the Ministry in his new Government, and Early Childhood hasn’t made the cut.

Sussan Ley, the previous Shadow Minister for Childcare and Early Learning, is now the Assistant Minister for Education.

The Labor Government appointed the first ever Cabinet Ministers for Early Childhood in 2010.

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News

Wage rises for educators now in doubt

The AFR is reporting that the incoming Abbott Government will be “redistributing” funds from the Early Years Quality Fund and a similar wage-increase fund in the aged care sector.

The Coalition may reallocate the childcare fund, which was set up to distribute any taxpayer-subsidised pay rises for childcare workers.

It is unclear whether any childcare workers had received the wage top-up already because the Labor government was late to release the eligibility rules for the two-year wages subsidy, which was due to end in 2015.

The Coalition’s childcare policy states it would honour any contracts already made and the remaining funds would be kept in the government’s childcare budget.

It is entirely unclear what this will actually mean. No money has started rolling out to services, although some contracts have been signed.

Some services had received “conditional approval”, and the incoming Government has not made clear whether they will be honoured.

UPDATE: Early Childhood Australia have released a statement calling on the incoming Government to honour the funding commitments in the EYQF. The statement is worth reading in full, and highlights the inequities and divisions inherent in the Fund.

In order to be eligible for the fund, organisations were required to have an Enterprise Agreement (EA) in place with their employees. The creation of ‘haves’ and ‘have-nots’ did not sit well with a sector that takes its ethics and commitment to social equity very seriously.  There was considerable dissension and concern in the early childhood sector, as demonstrated by the submissions to the Senate Inquiry Submissions on the Legislation.

 

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Blog

What does the Coalition’s ECEC policy mean for the sector?

On the second-to-last day of the 2013 Election campaign, the Coalition announced their early childhood education and care policy: The Coalition’s Policy for Better Child Care and Early Learning.

Rather surprisingly, given Sussan Ley’s statements in The Australian, the Coalition will seek to pause many of the most important reforms of the National Quality Framework for Early Childhood Education and Care.

With regards to staffing ratios:

The Coalition will work with State and Territory governments to review the implementation
of staff to child ratios to assess whether their implementation can be slowed to give the
sector enough time to absorb the changes and ensure continuity of service.

The Coalition are also targeting the new qualification requirements:

Given the concerns of the child care sector, the Coalition supports a review of child care
qualifications. We will seek the cooperation of the States and Territories to pause the
requirement that all staff should be qualified until the Australian Children’s Education
Quality and Care Authority has undertaken a full review of early childhood qualifications.
Given the shortage of ECTs, the Coalition believes that it makes sense to put on hold the
requirement for centres with more than 25 children to employ an ECT. We will delay this
requirement until a full review has been undertaken, and in the meantime look at possible
ways to encourage more people, particularly in rural and regional areas where shortages
are most noticeable, to study early childhood teaching.

The reforms to educator-to-child ratios and qualification requirements are rightly held up as key improvements to the sector. Research and practical experience from around the world has shown that these are crucial to quality outcomes for children.

It is important to remember that as the NQF is a product of the Council of Australian Governments (COAG), any changes to the Framework will require the support of the States and Territories (which is acknowledged in the policy document).

I will be honest – I am conflicted about this policy announcement. Anyone expecting instant disapproval and blind support for the Labor Government’s implementation of the NQF reforms had probably better stop reading now.

I am completely supportive of the reforms – I have argued publicly that they do not actually go far enough.

I also completely dismiss the talk of “administrative” problems and the burden of red tape that the Coalition speak of – strict, clear and enforceable regulations are absolutely essential to ensure children’s health and safety. To put it bluntly, any ECEC organisation that cannot handle the “regulatory burden” shouldn’t be in business.

But…

I am forced to conclude that as things currently stand, the Coalition is not wrong to suggest that aspects of the NQF are put on hold.

This is not to say that Tony Abbott’s approach to ECEC is correct. The Coalition have no plan to address the structural issues they have identified, and will palm everything off to a Productivity Commission enquiry.

But this was inevitable, and it is entirely the fault of the Labor Government – specifically Ministers Kate Ellis and Peter Garrett.

As I have written before, the ECEC sector as a whole was never going to be ready to implement even the beginning of the qualification requirements by 2014.

The Government has entirely failed to ensure that the NQF would be embedded and immune from this inevitable announcement by the Coalition.

The NQF should have been accompanied with significant funding and support to the sector, and a long-term campaign to gain public support for the benefits of early childhood education.

Instead, we got a “Early Childhood Workforce Strategy” – an insulting 22-page pamphlet (I refuse to call it a document) that would have been laughed out of any sector or industry that the Government actually took seriously.

Families received the odd brochure or postcard, buried under an avalanche of Government advertising detailing how much money they were spending on rebates.

A bizarre and divisive fund for professional wages was delivered at the last-minute, which has only served to deepen the divisions and frustrations of the sector.

The Government’s implementation approach to the NQF seemed to be tossing it to the sector, and then wandering off with a quick “let us know how you get on”. Even with two years to meet the initial qualification requirements in 2014, huge swathes of the sector were never going to get there.

The best analogy I can think of is like asking a straight-jacketed person to do the Dance of the Sugar Plum Fairy – it was never going to go well.

Structural and foundational work needed to be done before these reforms could really flourish – the low wages and professional standing of the educators in the sector; the incompatibility of ECEC with for-profit providers; lack of targeted funding to support children and families with vulnerabilities, and the educators who work with them – just to name a few.

The straight-jacket holding the sector wasn’t removed – the Government didn’t even seem to notice that there were issues.

From that point of view, it is simple to argue that the reforms should be put on hold.

The Government has gifted the Coalition a major goal on ECEC. Their failure to invest the necessary funding and support into the sector has allowed the Coalition to persuasively argue that the reforms are not really that great and are actually making things worse.

As an advocate for the human right of each child in Australia to a quality education, and the potential power of our sector to raise children out of inequality and vulnerability, I am furious with the Government.

The National Quality Framework should have been the turning point the sector so badly needs. Many people reading this will cast me as now advocating against the reforms – to be clear, this is completely not the case.

Do I want to see the reforms to be slowed, or wound back? Absolutely not.

But there is little point in pushing ahead with the 2014 requirements that are simply impossible for the sector to meet. What is the point in having the requirements if half the sector is on waivers?

The mismanagement of the NQF implementation may hamper our fight for recognition and structural reform for years. What a legacy.

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Blog

2014 qualification requirements cannot be met without support

Over a million children are now in some kind of formal education and care, such as long day care, family day care or school-age care. But many of the organisations that provide these programs have a history of uneven and in some cases non-existent quality control. This was the case until the introduction of the Federal Government’s National Quality Framework (NQF) in January 2012.

The NQF aimed to unify disparate state and territory regulation and law. It also introduced a new framework for supporting children’s learning and wellbeing (the Early Years Learning Framework), increasing educator-to-child ratios and set up a new agency to assess and rate children’s education and care services.

Another key change (due to be phased in from the beginning of 2014) is the requirement for every educator to have a minimum qualification of a Certificate III in Children’s Services. In most cases, 50 per cent of all educators will be required to have at least a Diploma of Children’s Services.

All long day care centres will also be required to employ at least one university-qualified early childhood teacher. Larger centres will need more.

The evidence is clear that improving the qualification levels of early childhood educators significantly improves educational outcomes for children. It can also improve children’s likely performance in primary and secondary school.

I strongly support the requirement that anyone working towards the education of young children has a qualification. This represents a key shift in our professional work, and there is is no reasonable argument against it.

We wouldn’t trust anybody without a qualification to repair our drains, but up until now it has been appropriate for unqualified people to educate our youngest children.

Those who do argue against these requirements are either concerned about their profit margins (such as the Australian Childcare Alliance), or believe that childcare is essentially babysitting and can be handled by anyone with a police check and a caring nature.

But the Government has been slow to realise that matching philosophy with practice is going to be challenging.

The education and care sector has struggled for decades to attract qualified educators, particularly at the diploma level. High expectations and workloads, shift-style employment and laughable wages have not exactly had people stampeding to their local TAFE.

To put it into perspective, the wage rise from a Certificate III to a Diploma is in most cases only around $2 an hour. A diploma-trained educator is expected to manage a room, including other staff members; plan for the individual learning of every child attending in that room; be responsible for opening and closing the centre at some times; and dozens of other key responsibilities — two years of study for $2 extra an hour.

The situation with early childhood teachers is even more dire. A teacher who chooses to work in the Long Day Care sector is literally choosing to forgo around $20,000 in salary compared to their counterparts in the preschool system. They also have less time for documentation and planning, far less annual leave and will also most likely have extra responsibilities around mentoring their colleagues.

As with many other aspects of the NQF, The federal government seems determined to wilfully ignore the practical implementation issues.

Put simply there is no chance at all that the early childhood education sector will be able to meet the NQF qualification requirements by January 2014.

Unfortunately, the Government’s Early Childhood Workforce Strategy fails to provide any meaningful support for these requirements beyond limited funding for qualification scholarships and vague statements about supporting the professionalism of the sector.

Without immediate intervention in areas such as wages, professionalism and career pathways it is clear that these qualification requirements will be completely unreachable. Even that level of intervention right now would not be able to fix this issue by next year.

This will be unlikely to come from a Coalition government intent on either rolling back or halting the NQS reforms.

The Labor Government has made some small steps towards supporting educators, but as I have written before this has raised its own issues of equity. The only long-term solution to attracting, retaining and supporting early childhood educators and teachers — and through them, children — is to fundamentally change how we fund and value their work. This will require a national conversation around early education that would rival the Gonski debate, it needs to happen soon.

Ireland, which utilises a similar mix of private and not-for-profit operators, is currently reeling from media reports of serious misconduct in their education and care sector. Many have made the link between these incidents and an underpaid and undervalued workforce.

Without a fundamental review of how we support our early education sector, it is inevitable that similar issues will emerge here in Australia.

My only hope is that this is the start of the national discussion about the need for highly qualified teachers and educators to work with our youngest children, and the benefits to society as a whole that will flow from that work.

This article was originally published on the New Matilda website.

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Blog

Where does Rudd’s return leave ECEC?

So, where does the rise of Rudd 2.0 leave early childhood education and care in Australia? As with most policy areas right now, we can only speculate (a very popular pastime right now).

The only certainty is that Peter Garrett has resigned his position as Minister for ECEC. Kate Ellis has not made any announcements, but has regularly voiced her clear support for Julia Gillard in the past. Unless she has changed her position to support for Kevin Rudd, it seems reasonable to assume that she may also choose to stand down in the near future.

Ellis and Garret have been the principal drivers of the National Quality Agenda within the Government, and their loss could signal that the NQA will be a low-priority during the period until the next election. The Department, DEEWR, will likely be sidelining any new work on it as well, awaiting the outcome of the election.

Rudd has voiced his general support for early learning before, particularly in the lead-up to the 2007 election where he shared his vision of “super-schools”, which incorporated early learning and K-12 in an integrated model.

This model was never really pursued, as economics and asylum seekers dominated the political agenda. It is completely unclear where Rudd would take ECEC if he is re-elected.

The most recent policy news for ECEC is the passing of the Early Years Quality Fund into law. This does not 100% guarantee that this will now be in place, but it does make it far more difficult to be halted.

This will be an interesting one – Rudd is no friend of the union movement, and may choose to back down in the face of a concerted push from the private operators to drop it.

Due to the fundamental inequity of the EYQF, as I have written before, this would be no terrible thing – but Rudd would need to swiftly announce a plan to replace it and address the wage inequity for educators.

Hopefully the commitment to a wage equity case at Fair Work Australia will remain – this seems very likely, as it is a relatively small commitment of many with almost no real detractors. It also allows Rudd to “kick the can down the road” for another couple of years.

The fundamental uncertainty is going to be around the continuation of the NQF reforms. The qualification requirements for 2014 are going to be a huge struggle for the sector, and it is entirely possible that the new-look Government may choose to put them on hold. Rudd will be looking to win over “working families”, and a commitment to push pack potential qualification-driven fee increases could be popular.

This will be a tricky one for the sector to manage. I am whole-heartedly committed to having people with the highest qualifications, but implementing them without structural reform to enable centres to actually recruit them seems ridiculous.

It may be better in the long run to push out the requirements – as long as a long-term plan to fundamentally reform the ECEC sector is also announced.

In the end, it seems likely that we won’t know what road ECEC will be taking until after the election, and potentially either a Coalition Government or a Rudd-led Labor one is installed. It is clear that Tony Abbott’s government would, if not completely roll back the reforms, freeze them as they are.

Labor will be stuck between the positives of the NQF reforms, and how generally unpopular they are with their link to fee increases. It is entirely possible they will adopt the same strategy.

UPDATED: Kate Ellis has confirmed that she will be remaining as a Government Minister until the election.