Every government preschool and children’s services centre must have a governing council which operates under a constitution that has been approved by the Minister for Education.

The Education and Children’s Services Act 2019 (Act) commenced on 1 July 2020, repealing and replacing the Children’s Services Act 1985 (CS Act), the legislation formerly applicable to preschools and children’s services centres operated by the Department.

Stand-alone preschools/children’s services centres in existence prior to 1 July 2020 generally were registered under the CS Act and in accordance with that registration were incorporated. Section 26 of the Act provides that subject to the Act these centres continue in existence as incorporated bodies, declared to be either a standalone preschool or a children’s services centre established under the Act (section 26 centres).

According to the Act, the term preschool refers to a place where preschool education is provided, while any centre that offers any services in addition to preschool education (for example a playgroup or occasional care) is a children’s services centre.

Preschool/children’s services centre constitutions are quite different to school constitutions. The preschool model constitution was based on meeting the legislative requirements of the now repealed Children’s Services Act 1985. The model constitution has now been updated to align with the provisions of the Act.

To enable future service expansion, a new model constitution has been developed for children’s services centres (section 26 centres) and all sites including those only delivering preschool education, will be issued with a children’s services centre constitution.

The model constitution has been approved by the Minister and cannot be changed without obtaining approval from the Minister or their delegate.

If you aren’t sure about which constitution your site needs, please contact us.

For school-based preschools – please refer to school constitutions.

Your approved constitution

What it looks like

An approved constitution has an ‘approved by’ signature on the front page. It should be signed and dated.

Where it’s kept

There must be a copy of the approved constitution kept at the preschool or children's services centre.

When to change it

You shouldn’t need to change your constitution often. The only times it needs to change are when the:

• preschool or children's services centre's legal name changes
• composition of the membership needs to change.

Steps to change an approved constitution

Check, decide, document

• Check minimum requirements for membership. A good size is between 5 and 12.
• Decide on the changes you need (legal name change, membership structure).
• Document any changes and decisions.

Forward proposed changes

For questions and to submit your proposed changes, contact Preschool Policy and Advice.

Approve

The new signed and dated constitution will be sent back to your site.

Confirm approval (ratify)

The governing council will confirm the approval of the constitution at either a special general meeting or an annual general meeting.

This final step is also known as ‘ratifying’ the approved constitution.