NSW Child Safety Changes FAQs

Q: Can you provide us with a list of all the regs clauses that have been changed?

A: Members can access the checklist for all changes from September to April in the member hub - https://www.cela.org.au/publications/member-resources/forms/legislative-changes-checklist-national-and-state 

This is a summary of the changes as per the NSW Early Learning Commission website Child safety reforms 

Q: Can you briefly share what we do with contractors' devices?

A:  The restriction does not apply to people who do not work directly with children and are not providing education and care, for example: 

• families (e.g. who are dropping off or collecting their children or attending service events) 

• NSW Police 

• officers from regulatory services (including NSW Early Learning Commission, NSW Office of the Children’s Guardian compliance officers and NSW Food Authority authorised officers) 

• visitors not working directly with children (e.g. tradespeople on site for maintenance) 

• children (e.g. school aged children using their devices at outside of school hours care services). 

Although the restriction does not apply to these groups, services must remain vigilant and implement policies and procedures on the safe use of digital technologies and online environments to prevent unauthorised photography or videography. 

Compliance focus – devices capable of taking, storing and transmitting images and videos in ECEC

Q: What are the clear, compliant expectations for smartwatches and personal digital devices in services, including when used in airplane mode, stored away, or required for wellbeing, verification apps, or emergency procedures? “…that a person cannot be in the possession of or have control of a personal device that is capable of taking, storing or transferring images or videos, while providing education and care and working directly with children in centre-based services, except in specified circumstances.” (NSW Education and Care Services (Supply, Authorisation and Use of Devices) Order 2025). As smart watches can access photo galleries’ text messages, apps does this statement confirm they are not to be used?

A:  Education and Care Services (Supply, Authorisation and Use of Devices) Order 2025 

The Commission identified: 

A device for the purposes of the Ministerial Direction, is one capable of filming, recording, taking or otherwise capturing an image or video and/or storing or transmitting an image or video. 

The general rule is that a person cannot wear a smartwatch capable of taking or sending/receiving an image or video even if those functions are switched off or disabled. 

Devices that cannot capture, store, or transmit images or videos, such as basic Fitbits or step counters, are generally permitted but should be reviewed to ensure it has no camera or communication features where an image can be received or transmitted. 

Useful link: https://education.nsw.gov.au/early-childhood-education/leadership/news/compliance-focus-devices-capable-of-taking-storing-and-transmitting-images-and-videos-in-ECEC 

It is recommended services conduct a risk assessment where personal devices are allowed.

Q: What are the requirements for authorisations and documentation?

A: Education and Care Services (Supply, Authorisation and Use of Devices) Order 2025 - Part 2  

(3) An approved provider who supplies a Service-Supplied Device must:  

     (a) record the supply of the device in writing;  

     (b) include the following information in the written record:  

i. the date of the supply of the device; 

ii. the type of device that is supplied; 

iii. if available, the make, model and serial number of the device;  

iv. a declaration that the device is configured to operate in accordance with the service's policies and procedures that relate to child safety or the security of devices; 

v. the name and signature of the approved provider or authorised delegate of the approved provider supplying the device; 

vi. if applicable, the date of any revocation of the supply of the device and the name and signature of the approved provider or authorised delegate of the approved provider authorising the revocation; ( c) keep a record of the supply of the device and any revocation of the supply of the device in a safe and secure place at the service premises for a minimum period of three years from the date on which the record was made. 

CELA members have access to a service register and device authorisation templates in the session Padlet. 

Q: In what circumstances can personal or service-issued devices be used, such as for OSHC excursions, payments, home-based work, emergency drills, FDC coordinator home visits, and at family events (e.g., taking photos)? Verifying apps eg. OWNA, Xero etc.

A: Compliance focus – devices capable of taking, storing and transmitting images and videos in ECEC 

Refer to the link above to find further information around prescribed circumstances, which includes: 

•  When a service-supplied or service-authorised device stops working and another device is temporarily needed to support the provision of education and care.

• For the purposes of providing support or assistance with a person’s disability or health needs.

• For the purposes of communication with a family member.

• For use in an emergency. 

Q: Is "inappropriate conduct" defined in the regulations? 

A: 

Section 5AA of the Children (Education and Care Services) National Law (NSW) defines ‘Inappropriate conduct’ as: 

conduct a reasonable person would consider to be inappropriate in an education and care service. 

It includes behaviour that is: 

• inconsistent with professional standards 

• causes or is likely to cause emotional, psychological, or physical harm 

• or has violent or sexual connotations. 

Consideration must be given to a child’s age and stage of development when determining whether behaviour is inappropriate conduct. 

A child may be subjected to inappropriate conduct – either directly or indirectly as a witness – that occurs through: 

• through verbal or electronic communication 

• by electronic capture, including photographs, recordings or live video 

• repeated actions or ongoing patterns of behaviour over time. 

A child’s consent – or an adult’s belief that a child has consented to the behaviour or their intent – is irrelevant for the purposes of determining an offence under section 166A. 

https://education.nsw.gov.au/early-childhood-education/regulation-and-compliance/regulation-assessment-and-rating/child-safety/identifying-unacceptable-or-concerning-behaviour 

Q: Who can verify WWCCs and how should this occur in practical, short-notice or one-off situations, such as contractors arriving unexpectedly?

A: Services can follow the information provided by the OCG in relation to verifying WWCC, and who requires a WWCC 

Landing page | Working with Children Check | Office of the Children's Guardian 

General information | Who needs a Check | Office of the Children's Guardian

Q: How often should you verify WWCC? 

A: Verifying Working with Children Checks 

Approved providers and services must verify WWCC clearances before staff or volunteers (including agency staff) commence employment at their service, and every time the WWCC is renewed. 

The verification must be completed through the NSW Office of the Children’s Guardian’s (OCG) online portalExternal link, which links an employee with their employer in the OCG’s continuous monitoring system. If an employee’s WWCC clearance is suspended or barred, the approved provider will be notified by the OCG. 

Service policies and procedures should clearly outline processes for ensuring WWCCs are checked and verified before an educator, including volunteers, students and other staff, can engage in child-related employment at the service, and who is responsible for this process. This should include ensuring the ongoing validity of WWCC clearances. 

Do family volunteers need WWCC? 

If parents are volunteering at your service to work directly with children, they are required to have a WWCC clearance. For information on who needs a WWCC visit our child safe recruitment and employment practices page. 

What are the recommendations for a Year 11 or 12 student doing work experience? They are too young for a WWCC. 

Individuals under 18 years old are exempt from holding a WWCC. This means there is no restriction on engaging a staff member, volunteer or student who is under 18 years old in a service. 

However, staff turning 18 should apply for a WWCC from 17 and 9 months which allows time for them to apply and receive their outcome before they turn 18. 

Under the Education and Care Services National Regulations, educators under the age of 18 must not work alone at a service and must be adequately supervised by an educator over the age of 18 at all times (regulation 120). Persons in day-to-day charge, nominated supervisors and family day care educators and assistants must be at least 18 years old (regulation 117B, 117C and 119). 

Q: Do family volunteers need WWCC? 

A: We are currently seeking clarification from the NSW Early Learning Commission.

Q: What are the recommendations for a Year 11 or 12 student doing work experience? They are too young for a WWCC. 

A: Individuals under 18 years old are exempt from holding a WWCC. This means there is no restriction on engaging a staff member, volunteer or student who is under 18 years old in a service. 

However, staff turning 18 should apply for a WWCC from 17 and 9 months which allows time for them to apply and receive their outcome before they turn 18. 

Under the Education and Care Services National Regulations, educators under the age of 18 must not work alone at a service and must be adequately supervised by an educator over the age of 18 at all times (regulation 120). Persons in day-to-day charge, nominated supervisors and family day care educators and assistants must be at least 18 years old (regulation 117B, 117C and 119).

Q: Which visitors require a WWCC, including families attending events, students, contractors, allied health, tradespeople, and families touring the service? 

A: Information on who requires a WWCC in NSW can be found via General information | Who needs a Check | Office of the Children's Guardian 

Approved providers and service leaders must also ensure that any external persons visiting the service (including parents, carers and family members) are managed through the service’s risk management processes. This may include: 

• confirming the individual holds a valid Working with Children Check, where required 

• recording the visit in the service’s visitor register 

• ensuring the individual is not left alone with children 

• ensuring any images or recordings are stored, used and shared in line with the service’s privacy and information management policies. 

Source: https://education.nsw.gov.au/early-childhood-education/leadership/news/compliance-focus-devices-capable-of-taking-storing-and-transmitting-images-and-videos-in-ECEC 

Q: How do we check teacher registration from time to time? 

A: Anyone can search the Public Register. Returned results will display a teacher’s: 

• Full name 

• NESA Accreditation number; and 

• Type of accreditation (Active). 

By searching the Public Register, you will be able to confirm a teacher’s accreditation. 

Not all NSW teachers appear on the Public Register. Teachers who are on a Leave of Absence or have been granted an exclusion by NESA will not appear. 

Some individuals employed in a school or early childhood service may not be required to be an accredited teacher because they are delivering courses not developed or endorsed by NESA (e.g. religious or cultural studies courses). 

If you have concerns about a teacher who is not listed on the Public Register, you may contact their school/service. NESA cannot provide information about an individual teacher’s accreditation to members of the public other than through the Public Register. 

The Public Register is updated in real time. Read more about the NSW Public Register of teachers. 

What must an employer do? Ensure teachers are accredited by asking for a copy of their Teacher Summary Report, downloadable from their NESA account (eTAMS) or check the Public Register of Teachers ▪ notify NESA of any teachers who are at risk of not meeting their accreditation requirements ▪ notify NESA of any information that may be grounds for NESA to revoke or suspend a teacher’s accreditation, such as misconduct. teacher-accreditation-fact-sheet-for-early-childhood-employers.pdf 

Q: How should services meet 24-hour reporting requirements outside operating hours, including weekends, public holidays and when staff do not access emails or phones after hours?

A: Response direct from the NSW Early Learning Commission 

Notification timeframes apply regardless of time of day and/or day of the week. Approved providers must submit notifications within the required timeframe, including over weekends and public holidays.    

Please refer to ACECQA Notification types and timeframes for more information. It is a provider and service decision how this requirement is met.  

Further guidance can be found at:  

• https://education.nsw.gov.au/early-childhood-education/leadership/news/compliance-focus-effective-service-notifications  

• https://education.nsw.gov.au/early-childhood-education/leadership/news/compliance-focus--notifications-to-the-nsw-regulatory-authority  

• https://education.nsw.gov.au/early-childhood-education/regulation-and-compliance/notifications-and-reporting

Q: Is the reporting for sexual & physical harm also to be reported within the 24 hour timeframe?

A: Response direct from the NSW Early Learning Commission Regulation 

175(2)(c) and (d) have not changed. As stated, sexual abuse and physical harm is considered a serious incident and must be reported within 24 hours.  

Please see links to support further understanding of notification requirements.

Further guidance can be found at:  

• https://education.nsw.gov.au/early-childhood-education/leadership/news/compliance-focus-effective-service-notifications  

• https://education.nsw.gov.au/early-childhood-education/leadership/news/compliance-focus--notifications-to-the-nsw-regulatory-authority  

• https://education.nsw.gov.au/early-childhood-education/regulation-and-compliance/notifications-and-reporting

Q: Do family members who join us for excursions need to complete the 'Geccko Child Safe Training' before they can volunteer? 

A: For the purposes of national child safety training, a volunteer is a person who has a role in the delivery of the ECEC service, on a regular or semi‑regular basis, without payment.  

This may be frequent or infrequent, but is distinct from: 

• a one‑off occasion 

• a visitor to the service 

• a parent, family member or carer of a child at the service. 

When determining whether a volunteer arrangement is regular or semi‑regular, providers should: 

• use their professional judgement 

• take a risk management approach, with the paramount consideration being the safety and wellbeing of children 

• consider whether Working with Children Check or Working with Vulnerable People requirements apply to that arrangement in their jurisdiction. 

National child safety training - Department of Education, Australian Government 

Q: What is the difference between child safe training and child protection training, and how will the new child safety training be delivered and accessed? Will nominated supervisors and responsible persons still be required to hold the CHCPRT025 unit of competency? 

A: The, nominated supervisors, persons in day-to-day charge and family day care co-ordinators must complete a child protection course required by a Government protocol applying to the approved provider in accordance with section 162A of the Children (Education and Care Services) National Law. In-house training is not sufficient. This unit of competency is the current requirement CHCPRT025 - Identify and report children and young people at risk.

Approved providers have ongoing responsibilities to ensure that the nominated supervisor, staff members, volunteers and students at the service who work with children maintain up-to-date knowledge of child protection law (Regulation 84). While section 162A does not mandate an expiry period on child protection training courses or issued certificates, Regulation 84 specifies that the approved provider must ensure that nominated supervisors and staff members (including educators) working with children are advised of the existence and application of the current child protection law; and any obligations that they may have under that law. Child protection training requirements - Government protocol

National Child Safety Training for the Early Childhood Education and Care Sector is being developed by the Australian Centre for Child Protection (ACCP) and will cover educator responsibilities, recognising and responding to risks of harm, and creating environments where children are safe, supported, and able to thrive.  

National Child Safety Training for the Early Childhood Education and Care Sector - Research - University of South Australia 

National child safety training - Department of Education, Australian Government 

Child protection and child safety training requirements 

Child Safety and Child Protection Training | ACECQA 

CELA CHILD SAFETY COURSES 

CELA CHILD SAFETY COURSES

Q: What are the ongoing refresher requirements for child protection and other short-term compliance training, and will new course content affect the validity of previous training? Should services continue to complete training?

A: Under the National Law and regulations, there are remaining protocols that identify Child Protection training in NSW. S162A.

This includes: 

An approved provider of an education and care service must ensure each relevant person for the service completes child protection training. 

A nominated supervisor of an education and care service must ensure each relevant person for the service completes child protection training. 

Q: Will the department provide templates or examples for documentation, including decision-making records, staffing/rostering evidence, and forms required under the new laws?

A: Link to resources from the Early Learning Commission Child safe resources.

Q: What does “strong documentation” look like, particularly for individual staff discussions and compliance-related records? 

A: ACECQA’s Six Reasonable Steps to Ensure Staff Follow Policies and Procedures provides strategies and examples of documented or observable evidence of practice that an approved provider may consider to ensure and demonstrate their compliance with Regulation 170. 

Q: What must services and providers do in regards to paramount consideration?  

A: The safety, rights and best interests of children must be the paramount consideration for all individuals involved in the operation and delivery of ECEC. This includes every person working in ECEC in NSW, including approved providers, service leaders, nominated supervisors, educators and the NSW Early Learning Commission itself. 

The rights and best interests of the child must prevail over any other obligation or interest. This includes the financial interests of approved providers and any other fiduciary duties owed by persons with management or control of services, and extends to duties or obligations which arise from the Corporations Act 2001 (Cth). 

ADD LINKS :  

Child safety reforms 

Compliance focus – paramountcy in practice 

Information Sheet - Understanding paramount consideration | ACECQA 

Q: How should services balance inclusion with supervision requirements under the new changes?

A: We are waiting on information from the Commission.

Q: How does paramountcy interact with staffing levels and waivers, particularly in small environments such as cot rooms or small centres?

A: We are waiting on information from the Commission.

Q: What information must be publicly available online, and does this apply to services with only a Facebook page?

A: All services must display the Short-form compliance and quality history template. This template must be available to anyone who requests it.  

The form must be updated within 7 days of any compliance actions appearing on the ‘Compliance Summary’ report from NQA ITS, and once a new quality rating has been issued. 

Refer families to StartingBlocks.gov.au which displays enforcement actions for the past 2 years as well as quality ratings. 

Useful links: 

Section 172 Offence to fail to display prescribed information - Children (Education and Care Services) National Law (NSW) No 104a of 2010 - NSW Legislation 

Refer to Regulation 173 - Education and Care Services National Regulations (2011 SI 653) - NSW Legislation  

Communications toolkit: StartingBlocks.gov.au transparency updates Nov 2025 | ACECQA 

Q: Can the required information be provided through a link to Starting Blocks, rather than being displayed directly on service websites?

A: All services must display the Short-form compliance and quality history template. This template must be available to anyone who requests it.  

The form must be updated within 7 days of any compliance actions appearing on the ‘Compliance Summary’ report from NQA ITS, and once a new quality rating has been issued. 

Refer families to StartingBlocks.gov.au which displays enforcement actions for the past 2 years as well as quality ratings. 

Q: What are acceptable formats for meeting transparency requirements for small or low-tech services? Eg. Is there a requirement for online information?

A: All services must display the Short-form compliance and quality history template. This template must be available to anyone who requests it.  

The form must be updated within 7 days of any compliance actions appearing on the ‘Compliance Summary’ report from NQA ITS, and once a new quality rating has been issued. 

Refer families to StartingBlocks.gov.au which displays enforcement actions for the past 2 years as well as quality ratings. 

Q: What constitutes a service to be a large provider? 

A: A large provider is one that: 

• Operates 25 or more services. 

• When combined with one or more related providers, the total number of services operated is 25 or more.

• Plans to operate 25 or more services, either individually or when combined with a related provider. 

Source: Large Providers | StartingBlocks.gov.au