As a leading provider of quality child protection training, we are committed to keeping you informed about the latest developments in safeguarding practices. This article was written by two of our child protection experts, Kerrie Maguire and Aline Majado.
The National Model Code addresses the use of service-issued electronic devices and personal electronic devices while providing children’s education and care, including taking images or videos of children.
Providers of centre-based ECEC under the National Quality Framework (NQF) are strongly encouraged to adopt the National Model Code as a further support to promote a child safe culture. The National Model Code is a voluntary, interim measure while future legislative reform is being considered by governments.
Approved providers and their services are encouraged to adopt the voluntary National Model Code.
The National Model Code targets centre-based services whose primary purpose is to educate and care for children 0-5 years old under the NQF (long day care and pre-school / kindergarten services). Providers of other types of children’s education and care services may wish to consider adopting similar practices within their own contexts.
Background
In May 2024, the Australian Children’s Education & Care Authority (ACECQA) released a discussion paper to obtain comments from interested individuals and organisations on the development of a national Model Code and Guidelines for taking images or videos of children while providing early childhood education and care, specifically in relation to the use of personal devices to capture these images.
The code was developed in response to a review of child safety arrangements under the National Quality Framework undertaken by ACECQA in 2023.
CELA gathered input from our members through a survey to aid in the development of the code. The survey results, supplemented by insights from our early education specialists, were then submitted for consideration.
Why there is a need to address the use of personal devices
Digital photos and videos are now the primary tools for documenting children's learning and engagement. Many education and care services share this documentation with families via social media apps, allowing them to see their child's participation through regular posts and updates.
The Review of Child Safety Arrangements under the National Quality Framework (ACECQA, 2023) points out that there is “a significant risk of unscrupulous individuals within a service using personal devices to take inappropriate images of children, potentially sharing them with unauthorised persons, including those outside the educational or parental context,” and that this risk is heightened in cases of physical or sexual abuse, where the provider cannot monitor or control the images being taken or shared.
(ACECQA, December 2023, P.32)
The Review highlighted the need to embed prevention and early intervention to ensure a child-safe environment. It recommended using only service-issued devices for recording images and prohibiting personal devices for taking images or being on staff. These strategies aim to minimise risks and enhance child safety across all staff roles and organisational levels.
It emphasised the need for providers to safeguard children's privacy and personal data to protect their rights, wellbeing, and autonomy in the digital environment and highlighted opportunities to improve educators' practices in obtaining informed consent from children for using their images.
What it means for your service and team members
Australia’s National Principles for Child Safe Organisations collectively illustrate that a child-safe organisation is one that creates a culture, adopts strategies, and takes action to promote child wellbeing and prevent harm to children and young people. It also provides an opportunity to reflect on the rights of children within the service, with a focus on the right to privacy ,” says CELA Early Education Specialist Kerrie Maguire.
Principle 8, which focuses on physical and online environments, promoting safety and wellbeing, and minimising the opportunity for children and young people to be harmed, is particularly relevant to taking images and videos of children.
While the model code is currently voluntary, it sets a strong foundation for best practices that all services can adopt to enhance the safety and wellbeing of children.
(Source: ACECQA)
“The National Principles provide a clear framework for services to assess their child-safe practices,” says CELA RTO Manager Aline Majado. “Considering how personal electronic devices are being used in your organisation is only one way to assess if your service's practices align with child-safe practices.
"Think about children's right to privacy and the digital footprint children now have without knowledge. Think about how vulnerable they may be by having their images and videos taken and shared without consent. And even when children consent to have their pictures taken, it's important to reflect on the level of maturity and the complexities that we now have to navigate in our digital world and if this is really informed consent. Above all, reflect on how limiting the use of personal devices in the classroom can prevent the misuse of children’s images and add another layer of protection to children in your care.”
Key steps your service can take
Policy updates: If you are in NSW and Victoria, include the National Model Code in your Child Safe Standards Self-Assessment, or improvement plan. If you are in other states and territories, this is a good opportunity for you to assess your service's child safe practices against the National Principles for child safe organisations and the National Model Code, ahead of new legislative requirements.
Staff training: Provide comprehensive training for educators and staff on the new guidelines, focusing on the appropriate use of service-issued devices and the prohibition of personal devices for capturing images or videos of children.
Here’s a video from ACECQA to start the conversation:
Parental communication: Inform families about the new policies and obtain their consent regarding the use of images and videos of their children. Ensure they understand the steps taken to protect their children's privacy and safety.
Monitoring and compliance: Regularly monitor the use of service-issued devices and enforce compliance with the new policies. Implement strict controls for the storage and retention of images and videos to safeguard children's personal data.
Risk assessment: Conduct thorough risk assessments to identify and mitigate potential risks associated with the use of electronic devices in your service.
Continuous improvement: Stay informed about potential legislative changes and be prepared to adapt your practices accordingly. Engage with stakeholders, including educators, families, and the wider community, to continually improve child safety measures.
By adopting the National Model Code, your service can take proactive steps to ensure a safer environment for children, fostering trust and confidence among families and staff and upholding the rights of every child at your service.
Access the National Model Code here: National Model Code Taking Images and Videos.pdf (acecqa.gov.au)
CELA professional development relating to this topic:
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