Written by CELA RTO Manager Aline Majado with input from CELA Early Education Specialists Jannelle Gallagher and Kerrie Maguire
Most early childhood education and care professionals are well-equipped to guide children’s behaviour in a positive and constructive manner. This is a core aspect of our training and something we must demonstrate a deep understanding of to earn our early education credentials.
Understanding what constitutes 'inappropriate discipline' (as referenced in QA5 of the NQF), along with the legal obligations to report it, is also crucial for ensuring the delivery of high-quality early education and care, and for safeguarding the well-being of all children in ECEC spaces.
What is inappropriate discipline?
The word discipline comes from the Latin word disciplina, which means instruction or training. In its true sense, discipline is about guiding and teaching children how to understand boundaries, self-regulate, and learn the consequences of their actions in a constructive and supportive way. It focuses on helping children develop the skills they need to manage their behaviour and emotions, rather than punishing them for mistakes.
Inappropriate discipline contradicts the essence of what true discipline should be. Instead of guiding or teaching, inappropriate discipline imposes fear or negative consequences, which can have long-lasting effects on a child's emotional and social development.
Inappropriate discipline may involve physical punishment, humiliation, unreasonable restraint, or other harmful practices.
The Australian Children’s Education & Care Quality Authority (ACECQA) provides a fact sheet detailing examples of inappropriate discipline which include:
- hitting, pushing, slapping, pinching or biting a child
- force-feeding a child
- yelling at or belittling a child
- humiliating a child
- physically dragging a child
- locking children away (or isolating them)
- depriving a child of food or drink
- unreasonable restraining of a child (this may include restraint in a high chair)
- excluding children from events
- consistently moving children to the office or other space away from the play areas
- moving children to another room as punishment
- verbally or physically threatening a child
(Source: ACECQA)
Tips for appropriate behaviour guidance
Behaviour is a powerful form of communication for children, especially since young children may still be developing the verbal skills to express their emotions or needs.
When a child displays behaviours that others find challenging, it is essential for educators to look beyond the surface and understand what the child is trying to communicate.
Behaviour might reflect unmet needs, such as frustration, anxiety, or feeling overwhelmed, and it often signals that something is happening to or for the child. When educators see behaviour as communication, they can foster positive relationships and help children navigate their emotions, ultimately supporting their social and emotional development in a meaningful way (and one that is not linked to punishment).
Here are some tips: (download the tip sheet here)
Regulate your own emotions: It’s challenging to co-regulate with children when you are feeling dysregulated yourself. Take time to understand what triggers your emotional responses and work on managing these. It's okay to step back and let someone else take the lead if you’re not in the right headspace to help. Return when you’re ready to provide the support the child needs.
Understand the 'why': Instead of focusing solely on the behaviour, try to understand the underlying reasons for it. Avoid labeling children negatively, as behaviour is learned and can be unlearned or redirected.
Provide support while cooling down: It's unrealistic to expect children to manage their emotions on their own. Simply telling them to 'calm down' is not effective—imagine how you’d feel in a stressful situation if someone said that to you. Stay close to the child so that they know you’re in that space and ready for them when they’re ready. Get to know the child and what they need in those moments.
Empower children with options: Giving children the ability to make decisions fosters independence and supports their growing autonomy. When children feel like they have control over certain aspects of their day, such as choosing between activities, deciding what to wear, or selecting their snack, it reduces feelings of powerlessness and frustration.
Recognise neurodiversity and different learning styles: Keep in mind that certain behaviours might be particularly challenging for neurodivergent children, and some children in your care may be undiagnosed.
A highly active child may struggle to sit still during group time. In such cases, consider offering alternatives, like splitting the group so some children can listen to the story while others play nearby. If the whole group prefers to play, ensure your story time is engaging and relevant enough to capture their attention, so that they feel naturally drawn in.
Move away from reward-based systems: These can suggest that only children who display ‘desirable’ behaviours are worthy of recognition. Instead, focus on intrinsic motivation, encouraging all children to feel valued for their unique contributions.
Focus on role modelling the behaviours you wish to see: Children learn by watching how behaviours are demonstrated and applied in real-life situations.
Be explicit in teaching about behaviour: Engage in conversations with children about behaviour and its effects on others, helping them understand that their actions can impact the feelings of those around them. This can be achieved through storytelling, role-playing, or using puppets to model real-life situations.
Support children in identifying and naming their feelings: Helping children understand and label their emotions is crucial for emotional development. Encourage them to talk about how they feel, and offer the language and tools they need to express themselves effectively. This can reduce frustration and build stronger emotional resilience.
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A quick overview of the legal obligations surrounding this topic
Misunderstandings about what constitutes acceptable and unacceptable behaviour guidance strategies can lead to breaches of legal requirements, such as Section 166 of the National Law 'Offence to use inappropriate discipline'.
Some approved providers may be unaware of their notification and reporting obligations. Similarly, a lack of understanding of child protection policies and procedures, or their reporting responsibilities, can lead to serious oversights.
Lack of awareness of the role of the approved provider in regard to notifications to the regulatory authority, as outlined in R175 (d) and (e), can result in failure to report serious incidents. R175(d) mandates reporting any incident where the approved provider reasonably believes that physical or sexual abuse of a child or children has occurred or is occurring while under the care of the service. R175(e) further extends this to include allegations of such abuse. These requirements exclude allegations already notified under section 174(2)(b) of the National Law. Additionally, approved providers must be mindful of their role as a head of entity under the Reportable Conduct Scheme.
Some examples of how this can play out in services include:
- Educators witnessing another team member’s interactions with children that breach Section 166 regarding inappropriate discipline but feeling too fearful to report it.
- Poor understanding of what constitutes reportable conduct, leading to a failure to act on or report harmful practices.
- Insufficient induction processes for new educators, resulting in a lack of awareness of legal requirements and child protection policies.
The Education and Care Services National Law Act 2010 requires early childhood education and care services to prioritise children's safety and well-being.
Similarly, the Education and Care Services National Regulations (2011) require early childhood education and care services to maintain a safe and supportive environment for all children through clear policies and procedures (R168) and provide child positive guidance and encouragement toward acceptable behaviour (R155).
These include promoting a culture of child safety, enforcing a code of conduct for staff, ensuring respectful and supportive interactions with children. The regulations also mandate that services have a system for handling complaints, especially those involving allegations of harmful behaviour It enforces that to be able to achieve this, all team members must have an awareness of child protection law (R84).
Reporting inappropriate discipline
Ethical dilemmas and fears of reporting are often the reasons educators hesitate to report inappropriate discipline. These barriers can stem from relationships with colleagues, power dynamics, or a lack of understanding about what constitutes inappropriate discipline.
To create a more open and supportive culture, it is essential to:
- Foster a culture of safety and protection within the service.
- Reinforce the importance of child protection policies and procedures.
- Provide clear guidance on how to report inappropriate discipline.
- Offer emotional support to educators who may fear the consequences of reporting (this could be through an external service such as an Employee Assistance Program or EAP.
A robust induction process and clear codes of conduct are vital in ensuring that all educators are aware of their legal and ethical obligations from the outset. Continually reinforcing the importance of child-focused relationships and child-safe environments can support educators in making the right decisions when it comes to behaviour guidance.
Conclusion
Understanding what constitutes inappropriate discipline is not just an ethical concern—it is a legal requirement. Educators, teachers, nominated supervisors and approved providers have a responsibility to safeguard the children in their care/service, and this includes incorporating appropriate behaviour guidance strategies.
By fostering a culture of safety, providing ongoing training, and supporting educators in their roles, early education services can ensure that all children are protected from harm and given the opportunity to thrive.
Further resources relating to this topic:
Dr Kaylene Henderson - Discipline vs punishment (video via Facebook)
ACECQA - Inappropriate discipline (pdf)
Office of the Children's Guardian - Reportable Conduct Scheme
CELA - Behaviour guidance tip sheets
CELA professional development relating to this topic
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