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What's changing

Amendments to the National Law have now taken effect in NSW, with the commencement of the .

• The reforms strengthen protections for every child in early childhood education and care (ECEC) in NSW by making the rights and best interests of children the paramount consideration in all decisions.

• Increasing transparency for families.

• Strengthening regulatory powers and enforcement, including through higher penalties and expanded offences.
  

The reforms also fast-track and expand on , ensuring stronger safeguards are in place sooner for children and families in NSW.

Changes effective immediately

The first group of reforms is now in effect, following the NSW Governor’s assent. These include:

• Establishing the paramountcy of children’s rights and interests
• Tripling maximum penalties (and up to 9 times for large providers)
• Expanding the number of penalty infringement notice offences
• Enabling further publication of compliance information
• Strengthening whistleblower protections
• Introducing Ministerial and regulatory directions powers
• Introducing mandatory Working with Children Check notice requirements
• Expanding the limitation period for the commencement of legal proceedings
• Empowering the regulatory authority to suspend service quality ratings during investigations
• Introducing an inappropriate conduct offence
• Enabling the regulator to deem providers related where they share Persons of Management or Control in common
• Removing NCAT appeals for certain decisions that are made based on an unacceptable risk to children
• Prohibiting waivers for the design and maintenance of service premises (including toilets and nappy change areas). This means that service waivers are no longer available for Regulation 115 –premises designed to facilitate supervision.

Other reforms will commence progressively over time to support approved providers and services in meeting the new requirements.

What do approved providers and services need to do immediately?

The legislation marks a significant step forward in ensuring children’s safety, welfare and wellbeing remain at the heart of all decisions and actions in ECEC in NSW.

Most providers and services who are already meeting high standards will find that no major changes will be required to continue delivering excellent care.

However, all services are encouraged to review their policies, procedures and practices to ensure they align with the new requirements.

Immediate steps you must take to ensure you are complying with the first group of reforms include:

• Making the rights and best interests of children the paramount consideration in all your decision making. This includes, for corporate entities, that the rights and best interest of children must come before profits.

• Displaying your service’s compliance and quality history in the form approved by the NSW ECEC Regulatory Authority. Further guidance on how to do this will be provided as soon as possible.

• Reviewing and updating all relevant service policies and procedures to ensure they explicitly address expectations relating to inappropriate conduct to children.
  

• Ensuring all educators employed at your service are aware that they must notify their approved provider of any change in Working with Children Check status (or teacher accreditation /registration status). Approved providers then need to notify the NSW ECEC Regulatory Authority.

Further guidance on the reforms will be provided as soon as possible to support approved providers and services to comply with the reforms now in effect, and ensure readiness as more elements of the legislation are enacted.

More information

For further information about the Children (ÌÇÐÄvlog¹ÙÍø and Care Services National Law Application) Amendment Act 2025, visit the .