ÌÇÐÄvlog¹ÙÍø

New child safety requirements

Learn about key changes to the National Regulations coming into effect on 1 September 2025.

This article was updated on 29 August 2025 and 6 November 2025.

This news item was published prior to the establishment of the NSW Early Learning Commission on 1 December 2025. The Commission is the independent regulator for early childhood education and care (ECEC) in NSW and was previously known as the NSW ECEC Regulatory Authority within the NSW Department of ÌÇÐÄvlog¹ÙÍø.

On 6 November 2025, Acting Minister for ÌÇÐÄvlog¹ÙÍø and Early Learning Courtney Houssos issued a Ministerial Direction, ÌÇÐÄvlog¹ÙÍø and Care Services (Supply, Authorisation and Use of Devices) Order 2025.

A Ministerial Direction is legally binding, and non-compliance is an offence. Refer to Compliance focus – devices capable of taking, storing and transmitting images and videos devices in ECEC for information on your obligations under the Ministerial Direction.

Two educators wearing black uniforms sit on a brown sofa and each hold a tablet computer in their hands. Two educators wearing black uniforms sit on a brown sofa and each hold a tablet computer in their hands.
Image: ACECQA has developed resources to support services prepare for the 1 September regulatory changes, including 2 NQF Child Safety Guides and self-assessment and risk assessment tools.

Services and approved providers should start preparing for new regulatory requirements under the National Quality Framework (NQF), with changes to the coming into effect from 1 September 2025.

The changes follow the implementation of expedited recommendations from the , which aims to better support the safety of children attending early childhood education and care (ECEC) services.

What’s changing

From 1 September 2025:

  • Services must have a policy and procedures around the safe use of digital technologies and online environments (). The policy must restrict the use of personal mobile phones or digital devices capable of taking images or videos while working directly with children in centre-based services.
  • Notification timeframes for allegations or incidents of physical and sexual abuse will reduce from 7 days to 24 hours ().
  • Services must ensure environments are free from the use of vaping substances and vaping devices in services ().

From 1 January 2026 refinements to the National Quality Standards will take effect, placing a stronger focus on child safety. Child safety will be explicitly referenced within Quality Areas 2 and 7.

Safe use of digital technologies and online environments

The changes to require services to have a policy and procedures for the safe use of digital technologies and online environments at the service in line with the .

The provides guidance on safely capturing and sharing images of children in service settings. While developed for use in centre-based services, any type of ECEC service can apply the model code to their service context as appropriate.

The policy must include the restriction of personal mobile phones or digital devices capable of taking images or videos while working directly with children in centre-based services.

The policies and procedures must also consider:

  • 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 any optical surveillance device (e.g. CCTV)
  • the use of any digital device issued by the service
  • the use of digital devices by children.

The ÌÇÐÄvlog¹ÙÍø and Care Services (Supply, Authorisation and Use of Devices) Order 2025 sets out clear legal requirements for how devices capable of taking, storing and transmitting images and videos such as phones, tablets and cameras can be supplied, authorised and used in ECEC services, including family day care services, to strengthen child safety and privacy.

A Ministerial Direction is legally binding, and non-compliance is an offence.

Learn more about your obligations under the Ministerial Direction.

Preparing for the new requirements

ACECQA has developed the and to help approved providers ensure their services have these policies and procedures in place by 1 September 2025.

Approved providers and their services should adopt the when developing their personal mobile phone ban policy so that only service-issued electronic devices are used when taking images or videos of children.

The eSafety Commissioner’s can also be used to help you assess the risks associated with online engagement for children, families and educators.

Reflecting on practice

  • How do staff at your service make or receive personal phone calls/communications when needed?
  • How does your service supervise and support children’s use of electronic devices to protect them from harm or inappropriate content?
  • How does your service monitor staff use of service-issued devices to ensure compliance with your service’s child safe environment policy?
  • How does your service obtain authorisation from families to take, use and store images and videos of children in your service?

Changes to notification timeframes

Notification timeframes of incidents or allegations of physical or sexual abuse to a child while being educated or cared for by an education and care service will reduce from 7 days to 24 hours ().

Approved providers must notify the regulatory authority of these incidents or allegations within 24 hours. All other notification requirements remain the same.

Preparing for the new requirements

Update your service’s reporting procedures to reflect the upcoming regulatory changes. All educators, staff and volunteers must be aware of and understand their role under the new requirements. Ensure the new reporting requirements are clearly integrated into relevant service policy, as required under .

Communicate these changes with both staff and families to support a shared understanding across your service community.

For further guidance on your reporting and legal obligations, visit Reporting incidents and concerns.

Reflecting on practice

  • How are educators, staff and volunteers supported to feel confident and prepared to report suspicions or incidents of harm or abuse?
  • What strategies does your service have in place to ensure all staff are regularly reminded of their legal obligations and feel supported to act when concerns arise?
  • How do you ensure staff and families at your service are aware of the new requirements and their roles and responsibilities?

Ban on vaping substances and devices

The use of e-cigarettes on the premises of an education and care service is an emerging risk. To combat this, services must be free from the use of vaping substances and vaping devices (). This will bring vaping into line with the current regulations mandating service environments must be free from the use of tobacco, illicit drugs and alcohol.

Preparing for the new requirements

Update your service’s existing policies to reflect these changes. Use ACECQA’s the when integrating these changes into your service’s existing policy.

Reflecting on practice

  • How will you create a child safe environment at your service that is free from vaping substances, vaping devices, tobacco, drugs and alcohol?
  • How will you ensure staff and families at your service are aware of this change?
  • How will you monitor compliance within your service?

Resources

ACECQA has released 2 NQF Child Safety Guides to support services to build their capabilities and prepare for the new regulatory requirements taking effect on 1 September 2025.

Visit ACECQA’s or download its for further details.

  • NSW Early Learning Commission
Return to top of page Back to top