Child Safety Changes from September 1st

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Australia's early childhood education and care (ECEC) sector is undergoing pivotal reform, in the form of child safety changes across both national and regional level.

Child safety has been thrust into the national spotlight following a series of confronting reports and investigations into abuse in ECEC settings. But it's not something that just got highlighted in 2025.

In 2023, we saw the Australian Maltreatment Study (ACMS) reveal that:

• Almost 40% of girls and 20% of boys reported experiencing sexual abuse in childhood

• 35% of girls and 25% of boys reported reported experiencing emotional abuse in childhood

These figures were reinforced by cases such as the Operation Tenterfield, where a single former educator was charged with 1,623 child abuse offences, shocking families and the sector alike.

Around the same time, the 2023 Review of Child Safety under the National Quality Framework (NQF) - which referenced both the ACMS and Operational Tenterfield - made a total of 16 recommendations to strengthen protections against harm, abuse, and neglect.

It also recommended further reviews within two years, which brings us to now.

Over the past 18 months, a string of high-profile incidents and reviews has heightened pressure for reform:

• Feb 2025: Independent review launched into the NSW Regulatory Authority.

• March 2025: ABC's Four Corners documentary exposed 'deep failures and systemic issues' across childcare.

• May 2025: A video surfaced of educators physically assaulting a child, sparking national outrage.

• June 2025: Results of the independent child safety review were released.

• July 2025: Reforms to the NQF were confirmed, while Victorian Police charged one educator with 70 separate offences, intensifying the call for stronger safeguards.

Taken together, these events have left families, educators, and policymakers demanding immediate and systemic change.

From 1 September 2025, a suite of new child safety requirements will take effect under the Education and Care Services National Law and Regulations, and the NQF, marking the beginning of a new era for child protection in ECEC.

Let's explore these upcoming changes, as well as what you need to do as a Provider to ensure compliance with these updates.

Child Safety Changes to National Regulations

Under the Education and Care Services National Regulations, several significant child safety changes will take effect.

Digital Technologies & Online Environments (Regulation 168)

Regulation 168 of the Education and Care Services National Regulations sets out the policies and procedures a service must have in place.

This policy must include matters relating 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 optical surveillance devices (eg CCTV);

• The use of any digital device issued by the service;

• The use of digital devices by children.

For many, these policies may already exist. But services are encouraged to review and/or create new policies around this.

To guide you, please reference the Policy Guidelines & the National Model Code.

Reg 176: Incidents or allegations of physical or sexual abuse

Regulation 176 of the Education and Care Services National Regulations sets out the notification timeframes for certain information to regulatory authorities.

Services must notify the regulatory authority within 24 hours of:

• Any incident where they reasonable believe that physical abuse or sexual abuse of a child or children as occurred or is occurring at the service.

• Any allegation that physical or sexual abuse of a child or children has occurred or is occurring at the service.

The key changes her are the mandatory notification of allegations of child abuse or neglect, and stronger timeframes for reporting (down from 7 days to 24hrs).

Regulation 82: Vaping substances and vaping devices

Regulation 82 of the Education and Care Services National Regulations requires services to provide an environment that is free from the use of tobacco, illicit drugs and alcohol.

Services will need to provide an environment that is also free from the use of vaping substances and vaping devices.

Child Safety Changes to the National Quality Framework

These regulatory child safety changes continue into 1 January 2026, with refinements to the National Quality Standard (NQS) to embed child safety into quality benchmarks.

The updated wording is in bold

Element 2.2.3 - Child Safety and Protection

Management, educators and staff are aware of their roles and responsibilities regarding child safety, including the need to identify and respond to every child at risk of abuse or neglect.

Quality Area 7 - Governance and Leadership.

Effective leadership contributes to sustained quality relationships and environments that facilitate children's learning and development. Well documented policies and practices that are developed and regularly evaluated in partnership with educators, coordinators, staff members and families contribute to the ethical management of a quality service that is child safe. There is a focus on continuous improvement.

Standard 7.1 - Governancee

Governance supports the operation of a quality service that is child safe.

Element 7.1.2 - Management Systems

Systems are in place to manage risk and enable to effective management and operation of a quality service that is child safe.

For more information on child safety in the NQF, please see these guides from ACECQA.

Jurisdictional Changes to Child Safety

Child safety changes in early childhood education are being implemented not just at the federal level, but also across individual states and territories. Across Australia, governments are rolling out measures to strengthen oversight, accountability, and the protection of children in care.

National (Australia-wide)

The Australian Parliament has passed the Early Childhood Safety Bill, introducing new federal powers to strengthen child safety across all ECEC services:

• Spot-checks by Commonwealth officers: Officers can conduct inspections without a warrant and without the presence of the Australian Federal Police, to ensure compliance with safety standards.

• Funding consequences: Services that fail to meet safety and quality requirements, breach the law, or act in ways that put children at risk can have their Commonwealth funding cut.

These measures provide a federal backstop, ensuring that even if state or territory oversight is limited, services must meet national safety obligations.

State & Territory Updates

The following changes will be implemented across different states and territories:

New South Wales:

• Establishing an independent early childhood regulator.

• Providers and services under investigation for breaches of the National Law will have to notify families that they are being investigated following significant breaches of the National Law.

• The regulatory authority will be required to publish all relevant details in relation to service quality and performance.

• Changes will be made to increase the penalties for breaches. They will also amend the national law to place children’s safety as a “paramount consideration” provision, ensuring child safety is at the heart of ECEC.

Victoria:

• Creation of an Early Childhood Workforce Register. This register is now live with services who receive Victorian Government funding required to record information on all employees at the service who have regular contact with children

• Personal devices will be banned in childcare centres. Still awaiting more details.

• Rapid review was conducted by Jay Weatherill and Pam White. The review would identify immediate actions that can be taken to improve the safety of children in early childhood education and care. As part of the review they are considering installing CCTV cameras in services.

Queensland:

• Reportable conduct scheme for early childhood education and care sector will now be implemented from 1 July 2026.

• Developing New Child Safety Training Packages. The package is being developed in partnership with the Australian Centre for Child Protection. This should be available in 2026.

• Established the Reforming Early Childhood Safety (RECS) program. In partnership with ACECQA, this education and training program will be rolled out in 2025– 26 on the national child safety reforms.

South Australia

• Services will be required to implement a policy and procedure, addressing the use of personal devices and ensure this is in line with the National Model Code. All services will be required to provide assurance and a copy of these documents to the state's independent regulator, the Education Standards Board (ESB) by the end of September

While states and territories continue to implement their own child safety reforms, the Early Childhood Safety Bill gives federal authorities new powers to ensure compliance nationwide, enforce standards, and protect children where local oversight may fall short.

What Next?

These child safety changes, spanning tightened reporting deadlines, digital safety measures, vaping bans, and embedding child safety into quality standards, reflect Australia's renewed commitment to safeguarding children in ECEC settings.

While nationally driven, each jurisdiction adds nuance and pace, making local awareness critical.

Providers who act early, embed these changes into culture and operations, and use sector resources and training will both comply and lead the way in nurturing safe, trusted, and accountable environments for children.

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