September 1st regulatory changes

There are important regulatory changes coming to the education and care sector designed to help protect children from harm. These reforms signal a stronger commitment by governments and regulators to prioritise children’s safety, both in the physical environment and in how services respond to incidents.

While the new requirements set clearer expectations for providers, they should also prompt discussion and reflection:

• How can services make sure these changes are embedded in everyday practice?
• What more is needed to create a culture where children’s safety is always the first priority? 

Overview of the regulatory changes coming into effect 1 September 

Three key changes will apply: 

1. Services must have a policy and procedures around digital technologies and online environments, including the use of CCTV 

2. The timeframe to notify the regulatory authority of any incidents or allegations of physical or sexual abuse of a child while at an education and care reduces from 7 days to 24 hours 

3. Services will need to be free of vaping substances and devices. 

From 1 January 2026, the National Quality Standard will also be updated to strengthen wording around children’s safety and its direct link to quality. Read more here 

(Source: ACECQA – NQF Child Safety Changes Information Sheet, July 2025)

How the changes will help keep children safe

Policies and procedures for safe use of digital technology 

The requirement for services to have policies and procedures on digital technologies is the most significant reform. Changes to regulation 168 mean providers will need to make sure services have a policy and procedures for the safe use of digital technologies and online environments at the service.  

Services must outline their approach to: 

• the taking, use, storage and destruction of images and videos of children 

• obtaining authorisation from parents to take, use and store images and videos of children 

• the use of any optical surveillance device (e.g. CCTV) 

• the use of any digital device issued by the service 

• the use of digital devices by children.  

(Source: ACECQA – NQF Child Safety Changes Information Sheet, July 2025)

Notification period reduced to 24 hours 

The shortened notification period will enable regulators to respond more quickly, reducing the risk of further harm or interference with potential evidence. 

The limitation with this requirement is similar to that of policies and procedures - if the regulatory authority is not notified of an incident, the cause and the impact of the harm is not addressed. 

This may occur if service leadership or educators prioritise protecting service or personal reputation above child safety and decide against notification.  

The NSW Parliamentary Inquiry into ECEC has shown how this can happen.  

In one case, an educator fell while carrying a child, landing on them and breaking the child’s leg in two places. The incident went unreported, and the child was not taken to hospital until a week later. 

(Source: Public hearing – Early childhood education and care sector in New South Wales, 14 August 2025, YouTube, 11:25 minutes.) 

Vaping 

Like smoking, vaping poses serious health risks, particularly for children. The prohibition of vaping in services is a necessary and overdue measure. 

Why clear policies and procedures matter

Policies and procedures create clarity for educators, leadership, and families. They provide clear expectations and can also be grounds for disciplinary action when breached. 

However, their effectiveness depends on implementation.  

Risks arise if: 

• staff are unaware of policies due to high turnover, poor induction, or heavy reliance on agency staff 

• leadership doesn't follow its own policies or is unaware of legal obligations 

• reputation management is prioritised over children’s safety 

• insufficient staffing or poor workplace culture leads to complacency, discourages reporting, or normalises ignoring red flags. 

Ensuring child safety  

Compliance sets the minimum bar. Too often, we have seen that meeting the minimum standard does not prevent serious harm. 

As CELA has argued in its submission to the NSW Parliamentary Inquiry, children’s safety must be understood as a shared responsibility between educators, providers, regulators, governments, and the wider community. 

We called for an early childhood education and care system that is: 

• well-funded, nationally coordinated, and centred on children’s needs and safety 

• led by services with strong governance and pedagogical leadership that prioritise quality over profit 

• supported by a stable, well-qualified workforce with access to paid professional development 

• underpinned by a robust National Quality System with effective compliance. 

ECEC services must go beyond compliance to embed a child safe culture. This means: 

• rigorous recruitment and comprehensive induction 

• integrating Child Safe Standards into everyday practice 

• diligent supervision and annual practice reviews 

• quality training and professional development. 

Only then can we move from compliance to genuine protection. 

Read our submission for the Inquiry Into Early Childhood Education And Care Sector In New South Wales

Resources and references 

ACECQA – NQF Child Safety Changes Information Sheet, July 2025 
Australian Government Department of Education – Strengthening early childhood education and care regulation legislation introduced, 14 August 2025 
Victorian Government – Early Childhood Workforce Register, 14 August 2025 
NSW Parliamentary Inquiry – Public hearing: Early childhood education and care sector in New South Wales (YouTube recording), 14 August 2025 
ABC News – Childcare working with children check: Rowland says reform must start again, 18 August 2025 
The Australian – Inquiry bombshell: parents blamed after daycare worker breaks child’s leg, 14 August 2025