Approval in Principle

The AIP process

The AIP process applies to proposed premises in new or existing multi-storey buildings* and is optional in Victoria.

It is designed to provide confidence that if the proposed premises are built or renovated as agreed, they will meet certain requirements of the:

the Education and Care Services National Law (National Law)(opens in a new window) and the Education and Care Services National Regulations(opens in a new window) or
the Children’s Services Act 1996 (CS Act)(opens in a new window) and Children’s Services Regulations 2020 (CS Regulations)(opens in a new window).

AIP only relates to centre-based services, not family day care (FDC) services.

Multi-storey building means: buildings with three or more storeys. The ground floor is counted as a storey. Each level of a split-level, like a mezzanine, is also counted as a storey.

If granted AIP:

can be relied on when seeking service approval to show that certain requirements are already approved
is valid for 3 years
service approval will not be refused on the basis of any of the AIP criteria unless the premises have not been built in accordance with the AIP (explained further below).

Regardless of whether there is AIP or not, service approval is compulsory and must be granted for all education and care services.

A reminder that service premises must be complete and ready to operate before making a Service approval application. Read more about applying for service approval(opens in a new window).

Applying for AIP

Who can apply

Any person may apply for AIP - for example:

developers,
builders,
approved providers or any other person.

Note: ‘person’ means an individual, a body corporate, an eligible association, a partnership or a prescribed entity.

The application must relate to:

A centre-based education and care service (not family day care), and
A new or existing multi-storey building that is located in Victoria, and
A building or planning approval or permit is required for the building’s construction, alteration or repair. Please note that application for AIP must be made before a building permit has been issued under the Building Act 1993.

Applications for AIP must be made before a building permit is issued under the Building Act 1993 for the construction, alteration or repair of the premises.

How to apply

Applications must be in writing and include the required information and documents. Please contact the Regulatory Authority to request an application form.

The application requires the following information:

the plan, drawing or specification as to the construction, alteration or repair of the premises and building
a soil assessment
plans prepared by a building practitioner that show:
- all possible evacuation routes from each storey of the proposed service premises and
- the assembly area proposed to be used for evacuation
a description of:
- other building occupants or proposed occupants and
- the types of enterprises operating within 50 metres of the proposed premises
a plan showing direct sunlight to be received by the proposed premises between 9:00am and 3:00pm on the winter and summer solstice.

The applicant will also need to advise the Regulatory Authority:

which type of centre-based service will operate in the multi-storey building. For example, if it will be a kindergarten, LDC or outside school hours care that provides regular education and care under the National Law and National Regulations

whether the service will offer care on a non-regular or ad hoc basis such a children’s service that offers occasional or limited hours care(opens in a new window) under the CS Act and CS Regulations.

The Regulatory Authority may also request additional information if it is reasonably required to assess the application. This may include a site visit, additional documents/information or a meeting.

After an application is received, an invoice for the application fee will be issued. Applications are valid (complete) after all the required information is received and the fee has been paid. Fees are set out at Indexed fees(opens in a new window).

Deciding on the application

The Regulatory Authority must refuse an application for AIP unless it is satisfied that the proposed premises (once constructed, altered or repaired) and the site and location of those premises will:

be suitable for the operation of an education and care service,
meet the AIP criteria (set out below), and
have direct egress to an assembly area to allow the safe evacuation of all children.

The Regulatory Authority may also have regard to any other matter it considers relevant.

The Regulatory Authority will make a decision whether to grant or reject the application. A written decision and reasons will be provided to the applicant. If granted, a copy of the AIP will also be provided, and the applicant will then be known as the ‘AIP holder’. The AIP is granted for a period of 3 years.

The AIP criteria

The AIP criteria include the following items:

the location and design of toilet, washing and drying facilities enable safe use and convenient access by the children who would use the proposed service,
indoor spaces used by children are well ventilated, have adequate natural light and are maintained at a temperature that ensures the safety and wellbeing of children.
nappy change facilities are designed, located and maintained in a way that prevents unsupervised access by children (only required if children who wear nappies will attend the proposed service).
premises (including toilets and nappy change facilities) are designed and maintained in a way that facilitates supervision of children at all times, having regard to the need to maintain rights and dignity of the children.

Note: If AIP is not granted or sought, all of the AIP criteria will be considered during the service approval process (which must be sought when the service is ready to operate).

Timeline for decision

The Regulatory Authority will make a decision within 60 days of a valid (complete) application. This may be extended with agreement from the applicant.

Time taken by the applicant to provide any additional requested information is not included in the 60 days.

Application Fee

Fees are set out at Indexed fees(opens in a new window). Once an application form is received by the Regulatory Authority, an invoice for payment of the fee will be issued.

Applications are incomplete (not valid) until payment of the prescribed fee.

After AIP is granted

Notify of material change

The AIP holder must notify the Regulatory Authority of any material change to:

the plans, drawings or specifications attached to or described in the AIP; or
the environment surrounding the proposed premises if the change may affect the suitability of the premises. For example, if a tall building is constructed next door, that may impact on the levels of natural light in the indoor spaces.

Amendment of the AIP

The AIP holder may apply to amend an AIP. However, an amendment cannot change the location of the proposed premises. A new location requires an application for a new AIP.

The Regulatory Authority will decide on an application for amendment within 60 days. The 60 day period starts from the date of the completed application (including payment of the fee(opens in a new window)).

The Authority may also ask for further information. Time taken by the applicant to provide any additional requested information is not included in the 60 days.

The Regulatory Authority may also amend an AIP without application.

When the Regulatory Authority makes its decision regarding the amendment of an AIP, it will provide the AIP holder with a written decision and reasons.

Transfer of AIP

The AIP holder may transfer a current AIP to another person. A notice of transfer must be signed by both parties and provided to the Regulatory Authority.

It is important to note that whilst any person can apply and receive AIP, only an approved provider can apply for service approval.

Service approval is required before any service can operate, even if AIP has been granted. For an approved provider to rely on an AIP when seeking service approval, they must be the AIP holder of a current AIP.

The Regulatory Authority may also decide to transfer an AIP if the AIP holder has died or does not exist.

Extension of AIP

If required AIP holders can apply for an extension, however this must occur before their AIP expires. Extensions are for no more than three years and there is a fee(opens in a new window) to apply for an extension.

In determining an application to extend an AIP, the Regulatory Authority must consider whether the construction, alteration or repair of the proposed premises is likely to be completed, and a service approval is likely to be applied for before the proposed new expiry date.

The Regulatory Authority may also consider:

previous extensions or reinstatements of the AIP and
whether the proposed premises is being constructed, altered or repaired in accordance with the AIP.

Reinstatement of AIP

If an AIP has expired by no more than 6 months, the former AIP holder may apply for the AIP to be reinstated. There is a fee(opens in a new window) to apply for reinstatement of the AIP.

In determining the application, the Regulatory Authority will consider the same things as set out above for an extension of an AIP. A reinstated AIP expires after 12 months. Within this time, the AIP holder may apply for an extension of AIP.

Cancellation of AIP

The Regulatory Authority may cancel an AIP if it is satisfied that the proposed service premises, site, or location is no longer suitable for the operation of an education and care service.

The Regulatory Authority may also cancel an AIP if it is satisfied that the proposed premises will not be constructed, altered or repaired in accordance with the AIP.

AIP holders will have an opportunity to respond to the Regulatory Authority about a potential cancellation before a final decision is made.

Background

The approval in principle (AIP) process is a recommendation from the 2019 National Quality Framework Review. The AIP process was developed after public and targeted consultation. The AIP process commenced in Victoria on 1 October 2024.

The purposes of the AIP process are:

To improve the compliance of education and care service premises in multi-storey buildings including in regard to children’s safety during emergencies; and
To provide a level of assurance to applicants and providers that, at the time of applying for service approval, the proposed premises will meet specified requirements under the Education and Care Services National Law (the National Law) and the Education and Care Services Regulations (National Regulations).

Currently, only Victoria and the ACT have AIP processes. There are important differences between the two jurisdictions.

Legislation

In relation to most centre-based services (e.g. LDC, kindergartens and outside school hours care), the AIP process is established and governed by:

the Education and Care Services National Law(opens in a new window) (the National Law) - in particular refer to sections 47, 49 and 106-125, and
the Education and Care Services Regulations(opens in a new window) (National Regulations) - in particular refer to regulations 9A, 25(1)(h) and 46.
the Children’s Services Act 1996(opens in a new window) and
the Children’s Services Regulations 2020(opens in a new window).

Resources about multi-storey buildings

The following information sheets can be downloaded at ACECQA Information sheets(opens in a new window)

NQF design considerations for centre-based ECEC services in multi-storey buildings
Multi-storey buildings: Evacuations and approvals.

Contact us

If you have questions or would like further information, please contact the Regulatory Authority

licensed.childrens.services@education.vic.gov.au or call 1300 307 415 between 9.00am -5.00pm Monday to Friday.

Educators

Updated 18 November 2024