NSW Child Safety Changes FAQs

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: 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: 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: What visitor information are services legally permitted to collect and store, and how often should WWCCs be rechecked to remain compliant with privacy obligations?

A: We are waiting on information from the Commission. 

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: What are realistic expectations for directors/responsible persons being contactable after hours, and how does the right to disconnect apply?

A: We are waiting on information from the Commission. 

Q: What constitutes “effective evidence” and acceptable after-hours arrangements, including whether services must appoint someone to check emails or maintain a 24-hour phone line.

A: We are waiting on information from the Commission. 

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 

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: What is included in the “5-day mandatory training” requirement, who must complete it, and how should services plan for it?

A: 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 

The Australian Centre for Child Protection (ACCP) is leading the design and development of the training package. The training will be mandatory and free for all staff, volunteers, and students who work in approved ECEC services from 27 February 2026. 

More information about the development of the training and project updates is available via - Mandatory national child safety training - Department of Education, Australian Government.

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: We are waiting on information from the Commission.

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: Why are public-sector templates not shared with the sector, and can the government provide standardised resources to reduce the administrative burden for small services?

A: We are waiting on information from the Commission.

Q: How does Section 3A (paramountcy of child safety) apply to enrolment decisions, especially when enrolling children with higher support needs that may affect supervision? This is specifically relating to can a service refuse an enrolment based on needs and impact on other children and staff but enrol another child with lower support needs.

A: We are waiting on information from the Commission.

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 are the realistic implementation timelines for these changes, given the end-of-year period and limited time and staffing for updates, audits, and documentation?

A: We are waiting on information from the Commission.

Q: How should services manage supervision changes (waivers), especially for FDC educators, cot rooms, and inclusive practice for children who prefer not to be overtly observed?

A: We are waiting on information from the Commission.

Q: Are there going to be updates for provision 7.3 in the National Regulations to be NSW specific?     

A: Response direct from the NSW Early Learning Commission  

 It is unclear what provisions this question refers to. Information on changes already in place will be provided through upcoming  webinars, available to sign up here: NSW Early Childhood Education and Care Regulatory Authority, NSW Department of Education | Humanitix. Further changes will roll out throughout 2026, with additional guidance to be provided.

Q: How will the government address workforce wellbeing and sector sustainability, considering increased administrative workload, technology challenges (e.g., Wi-Fi outages), and concerns about retention and viability?

A: We are waiting on information from the Commission.

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