ÌÇÐÄvlog¹ÙÍø

The safety, rights and best interests of children must be the paramount consideration for all individuals involved in the operation and delivery of ECEC. This includes every person working in ECEC in NSW, including approved providers, service leaders, nominated supervisors, educators and the NSW Early Learning Commission itself.

The rights and best interests of the child must prevail over any other obligation or interest. This includes the financial interests of approved providers and any other fiduciary duties owed by persons with management or control of services, and extends to duties or obligations which arise from the Corporations Act 2001 (Cth).

Approved providers and their services must review and amend their policies to ensure they clearly reference the new legal provisions under Sections 166A and 5AA of the National Law (NSW).

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Personal devices capable of taking, storing or transmitting images or videos are prohibited while working directly with children in ECEC.

From 27 February 2026, approved providers and services must comply with restrictions under Part 6A of the National Law, as well as the Regulator Direction issued by the NSW Early Learning Commission under Section 261A of the National Law (NSW).

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Services must display their compliance and quality history (Section 172(3) and (4) of the National Law (NSW) to provide greater transparency for families.

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Under Section 219A of the National Law (NSW), services can be ordered to close on a temporary basis in the event of an emergency, for example due to a natural disaster.

Under Sections 178 and 178(3) of the National Law (NSW) any educator, including volunteers, can be suspended with or without notice for a breach of the law, or if there is a risk to children.

Under Sections 178A and 178A(3) of the National Law (NSW), approved providers can be ordered to provide direct supervision to an educator following a breach of the law.

Under Section 199(5) of the National Law (NSW), authorised officers are now able to enter and inspect areas of a family day care service premises beyond the part of the residence where education and care is provided, where:

• inspection is required to assess or monitor compliance with requirements relating to the safety, health and wellbeing of children
• the authorised officer reasonably suspects that an offence has been, or is being, committed.

A new definition of ‘family day care service premises’ has been introduced in the National Law (NSW) for the purposes of authorised officers’ entry and inspection powers. This definition expands the scope of a family day care residence to include all areas of the premises, regardless of whether they are used to provide education and care, such as:

• rooms within the residence that are not used for education and care
• areas outside, but near, the residence, whether or not they are used for education and care (for example, a shed or garage located on the same premises as the family day care residence).

Under Section 199(5)(a)(b) of the National Law (NSW), authorised officers in NSW are permitted to enter these additional areas without requiring the occupier's consent.

Under Section 197(6) of the National Law (NSW) approved providers are now required to assess not only the family day care residence (as required under Regulation 116), but also areas near the residence that may be accessible to children.

These changes apply to new assessments and each annual reassessment undertaken by approved providers, and will not apply retrospectively.

Upcoming regulatory requirements relating to child safe recruitment and employment will require approved providers to ensure policies and procedures in their services include child safe recruitment practices and ongoing child safe employment practices.

Legislative requirements relating to negative notices are now in effect. Educators and staff must notify their approved provider in writing if:

• they receive a negative Working with Children Check notice from the NSW Office of the Children’s Guardian or another jurisdiction, or
• there is a change to their teacher accreditation or registration.

They must do this within 72 hours of the event occurring or within 24 hours of becoming aware of the change.

Approved providers must notify the NSW Early Learning Commission if they become aware that an educator or staff member at their service has received a negative Working with Children Check notice or a change to their accreditation or registration. This must be provided within 24 hours of becoming aware.

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Services have always been required to have child safe environment policies and procedures. However, upcoming amendments to Regulation 168(2)(h) of the ÌÇÐÄvlog¹ÙÍø and Care Services National Regulations (NSW) will strengthen the requirement and make it mandatory for services to specifically address key elements of how they will provide a child safe environment in their documented policies and procedures.

The new requirements will come into effect once the commencement date is announced, with further information to be provided by the NSW Early Learning Commission.

Approved providers are encouraged to implement the new requirements now so they are ready to comply.

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Under Section 295B of the National Law (NSW), large providers must provide copies of any employee, management of executive incentive scheme to the NSW Early Learning Commission if requested. Failure to do so is an offence.

All staff, volunteers and students in ECEC must complete mandatory national child safety training. The Foundation training modules are available on Geccko from 27 February 2026 and Advanced modules from July 2026.

Foundation training modules must be completed by 27 August 2026 by:

• persons with management or control
• nominated supervisors
• persons in day-to-day charge
• family day care educators
• all other staff, volunteers and students.

This training does not replace existing NSW child protection training requirements.

The National Early Childhood Worker Register developed by ACECQA is now in effect. The register provides state and territory regulatory authorities, including the NSW Early Learning Commission, with a secure national view of who is working in ECEC services and where, to improve regulatory oversight and support child safety across the sector.

Approved providers must:

• record and maintain workforce information in the register
• update the register with information on their current workforce by 27 March 2026
• update the register within 14 days of a worker being employed, engaged or appointed
• update information within 14 days of becoming aware of any changes.

Out of scope services that are regulated under the Children (ÌÇÐÄvlog¹ÙÍø and Care Services) Supplementary Provisions Act 2011 are not required to use the National Early Childhood Worker Register.

From 27 February 2026 an approved provider that is a body corporate must notify the regulatory authority that granted its approval (in NSW that is the NSW Early Learning Commission) if 50% or more of its ownership or voting rights are acquired. This notification must be made within seven days of acquisition.

Under Sections 178D and 178E of the National Law, the NSW Early Learning Commission now has the power to direct nominated supervisors, staff or volunteers to undertake specific training related to compliance issues. This measure aims to prevent poor behaviour from escalating and support staff to build their skills and improve the quality of their work.

Services must be free from the use of vaping substances and vaping devices (regulation 82).

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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 have reduced from 7 days to 24 hours (regulation 176).

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Refinements to the NQS commenced on 1 January 2026 to sharpen the focus on child safety and explicitly reference child safety within Quality Areas 2 and 7.