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The content of this article was updated on 27 February 2026.

New child safety requirements to strengthen protections for children attending ECEC in NSW came into effect 1 September 2025.

This included the banning of personal mobile and digital devices capable of taking, storing or transmitting images or videos while working directly with children in ECEC, a measure announced at the ÌÇÐÄvlog¹ÙÍø Ministers Meeting on 22 August 2025.

Prioritising the rights and best interests of children

The now legally obliges the sector and regulator to put the rights and best interests of children above all else, ensuring their safety, protection and wellbeing are at the centre of every decision.

The personal device restrictions are designed to support the safety of children in ECEC and mitigate the risk of harm to children by:

• reducing the risks of inadequate supervision of children due to personal device use by staff and educators
• making it more difficult for anyone in an ECEC service to use their personal devices to generate inappropriate content relating to children
• reducing the potential risk that images or videos of children (including inappropriate content) could be shared, intentionally or by accident
• giving approved providers greater oversight of what content is created in their services, as well as how it is stored or deleted.

What is considered a device?

The restriction applies to any device capable of taking, storing or transmitting (sending and receiving) images and/or videos – regardless of what settings are turned off.

Examples include but are not limited to:

• mobile phones
• smartwatches that can receive, store or transmit an image, even if the smartwatch does not have a camera
• tablets
• computers
• cameras
• wearables, such as smart/camera glasses
• USB drives
• memory cards
• hard drives.

Personal devices

A personal device is one that is owned or controlled by an individual – but does not include a service-supplied or service-authorised device – that can take, store or transfer images or videos.

Examples include but are not limited to the devices listed above.

Service-supplied devices – centre-based and family day care services

A service-supplied device is one that:

• has been supplied by the approved provider
• is used for the purposes of taking, storing or transmitting an image and/or video of a child in the provision of education and care by the service
• is configured to comply with the service’s child safety and device security policies and procedures.

A service-supplied device must be used exclusively for the purposes of the direct provision of education and care to children.

They must not be used for any other purpose - including personal use.

A service-supplied device is specific to the service and must not be shared across multiple services. Where a device is used for work related to education and care that does not involve the direct provision of care it may be used across multiple services under the same approved provider, provided its use is authorised at each service and clearly documented in the service’s policies and procedures.

Examples include but are not limited to:

• an approved provider who uses the device at more than one of their services
• a manager of multiple services using the device for a compliance review.

Service-authorised devices – family day care

A service-authorised device is one that:

• has been authorised in writing by the approved provider of a family day care service
• is used for the purposes of providing education and care
• is used for the purposes of taking, storing or transmitting an image and/or video of a child in the provision of education and carer by the service
• is configured to comply with the service’s child safety and device security policies and procedures.

A service-authorised device must be used exclusively for the purposes of the direct provision of education and care to children.

They must not be used for any other purpose - including personal use.

Who does the restriction apply to?

Any person involved in the provision of an approved ECEC service.

This includes but is not limited to:

• approved providers
• service leaders, including nominated supervisors, area managers, family day care coordinators, and persons in management and control
• teachers and educators (including casual and agency staff)
• family day care educators
• employees
• volunteers
• tertiary provider representatives assessing students on practicum at a service
• paid or unpaid third parties delivering programs or activities to children in a service
• anyone involved in the provision of an approved ECEC service in any other capacity (including students and contractors).

Working directly with children

‘Working directly with children’ means any person involved in the provision of an approved ECEC service who is, at a given time, physically present with a child or children and employed, engaged or appointed to provide education and care to the child or children at that time.

A person is not working directly with children at a given time if the person is taking a short break from providing education or care to children in accordance with the person’s employment, engagement or appointment.

Individuals the restriction does not apply to

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.

Parents and carers

The requirements of the restriction do not extend to parents or carers taking photographs or videos of their own children at events, such as at graduations, end of year concerts or celebrations.

However, services may regulate device use by parents and carers through their own policies and risk assessments to help protect the privacy and wellbeing of all children. For example, services may develop policies, procedures and risk assessments regarding photography at events, resulting in service-specific practices or restrictions.

In addition, services must have a policy or procedure on the safe use of digital technologies and online environments (regulation 168(2)(ha)).

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 , 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.

Authorised officers using department-issued devices

When attending ECEC services, it is standard practice for authorised officers from the NSW Early Learning Commission to bring a department-issued device to ensure they have the necessary tools for documentation of evidence and reporting.

Third-party professionals

When attending a service and working directly with children, third-party professionals (such as an allied health professional) can use a device that is:

• issued by their business or institution
• used only for work purposes (not personal use)
• used by approved photography or videography service providers only for the purpose of capturing authorised images (e.g. preschool photos, end-of-year concerts), in line with the service’s authorisation processes and under the direct supervision of staff.

Services should manage third-party professionals that use devices through their risk management processes. This may include a verbal confirmation that they are using a business issued device and/or recording this information in their visitor register.

Supplying devices

In supplying a service-supplied device, approved providers must:

• ensure the device is configured to operate in line with service policies or procedures that relate to child safety or device security
• record the supply of the device, which must include
  • the date of the supply of the device
  • the type of device that is supplied
  • if available, the make, model and serial number of the device
  • a declaration that the device is configured to operate in line with service policies or procedures that relate to child safety or device security
  • the name and signature of the approved provider or their authorised delegate supplying the device
  • if applicable, the date of any revocation of the supply of the device and the name and signature of the approved provider or their authorised delegate authorising the revocation
• keep a record of the supply of the device in a safe and secure place at the service premises for at least 3 years from the date on which the authorisation record was made.

Authorising devices

Service-authorised devices

In authorising a service-authorised device, an approved provider must:

• ensure the device is configured to operate in line with service policies or procedures that relate to child safety or device security
• record the authorisation in writing
• include the following details in the authorisation
  • the date of the authorisation
  • the type of device that is authorised
  • if available, the make, model and serial number of the device
  • a declaration that the device is configured to operate in line with service policies or procedures that relate to child safety or device security
  • the name and signature of the approved provider or their authorised delegate authorising the device
  • if applicable, the date of any revocation of the authorisation and the name and signature of the person authorising the revocation
• keep a record of the authorisation in a safe and secure place at the service premises for at least 3 years from the date on which the authorisation record was made.

Authorisation to possess or control a personal device

Approved providers may grant written authorisation for a staff member to possess or control a personal device capable of taking, storing and transmitting images and videos while working directly with children in limited situations.

Approved providers must review, revoke and record these authorisations as required.

Visit the restriction on personal devices webpage for more information on authorisations including record keeping requirements.

Service policies and procedures

Approved providers, service leaders and educators are responsible for creating and maintaining a child safe culture when using digital technologies.

Approved providers must update all relevant service policies and procedures, and ensure they explicitly address the requirements of the Regulator Direction. This may include but is not limited to policies and procedures relating to:

• safe use of digital technology and online environments
• staffing (including the staff code of conduct)
• providing a child safe environment
• governance and management of the service
• the acceptance and refusal of authorisation.

ACECQA has developed resources to help approved providers and their services create, update and implement child safe policies, procedures and practices, including:

• , including the
  • and
  • and
• .

Note: these guides and other resources developed by ACECQA reference the National Model Code for Taking Images or Videos of Children while Providing Early Childhood ÌÇÐÄvlog¹ÙÍø and Care.

Further resources

• Restriction on personal devices webpage
• Implementing the Child Safe Standards resources developed by the OCG for the NSW ECEC sector, including:
  • – Module 2: Risk management in a child safe service and Module 6: Child safe leadership and policy creation
  • – Episode 2: Voice and Choice in the NQF and Episode 4: Child safe risks in ECEC Contexts
• Regulator Directions

More information

If you have any questions about the Regulator Direction, you can contact the NSW Early Learning Commission’s Information and Enquiries team on 1800 619 113 or email .