Child Safety Changes to the National Quality Framework

Child Safety Changes to the National Quality Framework

In December 2023, the Review of Child Safety Arrangements under the NQE (the Review) was published by Australian Children’s Education & Care Quality Authority (ACECQA). A full copy of the Review can be found here.

In response to the recommendations published in the Review, the Australian Education Ministers agreed to make several changes to the National Quality Framework (NQF). These changes will have a staggered introduction, commencing from 1 September 2025 and 1 January 2026.

All organisations within the early learning sector, including preschools, kindergartens and day care providers, must ensure that they comply with these changes.

What is the NQF?

The NQF is the system for regulating early learning and school age care within Australia. It provides a national approach to assessment, regulation and quality improvement. The NQF introduced a new quality standard (NQS) in 2012 to improve education and care in organisations including preschools, kindergartens, family day care, outside school hours care services and long day care services.

The NQS includes 7 Quality Areas that organisations are assessed and rated against, which are:

1. Educational program and practice: ensuring they are child-centred and maximising the learning and development of children.
2. Children’s health and safety: ensuring the environment safeguards and promotes the health, safety and wellbeing of children.
3. Physical environment: ensuring the environment is safe, suitable and promotes the learning and development of children.
4. Staffing arrangements: ensuring qualified and experienced educators work at the organisation
5. Relationships with children: ensuring all relationships with children are respectful, responsive and promote a sense of security and belonging for the child
6. Collaborative partnerships with families and communities: ensuring these partnerships are based on active communication and consultation
7. Governance and leadership: ensuring effective leadership structures are in place and that leaders established shared values and set clear direction for the organisation.

What Are The Changes?

From 1 September 2025, changes to the Education and Care Services National Regulations (the Regulations) will occur. These changes include:

Digital technology and online environments

Organisations will need to ensure that policies and procedures are in place to prioritise the safety of children when using digital technologies and online environments. These new policies and procedures must include and address:

• The use of digital devices by children.
• The use of any digital devices issued or owned by the organisation.
• The taking, use, storage and destruction of images and videos of children.
• Obtaining permission and authorisation from parents and guardians to take, use and store images and videos of children.
• The use of any optical surveillance devices (such as CCTV).

Allegations and Incidents of physical and sexual abuse

Organisations will need to notify the regulatory authority of any allegations or incidents of physical or sexual abuse to a child within 24 hours. This will be reduced from 7 days. All other timeframes for notifications remain the same.

Vaping substances and devices

Organisations must ensure that they provide an environment which is free from the use of vaping substances and vaping devices, in addition to meeting obligations to ensure that they provide an environment which is free from the use of tobacco, illicit drugs and alcohol.

Refinements to the NQS

As of 1 January 2026, refinements will be made to Quality Areas 2 and 7 of the NQS. These refinements will sharpen the focus on child safety and include child safety obligations explicitly.

New wording will be added into Quality Area 2 (Element 2.2.3) to ensure that management, educators and staff are aware of their roles and responsibilities regarding child safety, and into Quality Area 7 (Standard 7.1 and Element 7.1.2) to ensure governance and leadership prioritise child safety.

Further information about these changes can be found here.

What Should Organisations Be Doing?

In preparation for these changes, organisations must ensure they take steps to amend it’s policies and practices to ensure they will meet the new requirements. This includes:

• Drafting and implementing policies and procedures about the safe use of digital technologies and online environments.
• Organisations should consult the National Model Code – Taking images in early childhood education and care and the corresponding Guidelines for support.
• The ACECQA have also advised that they are developing guidance on preparing these policies and procedures which will be added to their suite of guidelines which can be found here.
• Amending existing policies and procedures to reflect the revised notification timeframe for allegations or incidents of physical and sexual abuse.
• Taking steps to remove any vaping substances or vaping devices from the organisation’s environment, including implementing clear guidelines about vaping for all members of the organisation.
• Ensuring all staff receive training so they are aware of the changes and their obligations under the requirements.

Further, organisations should refer to the NQF Child Safety Guides for additional practical tools, examples and case studies, which can be found here.

The ACECQA have also advised that existing resources will be updated from 1 September 2025, including the Guide to the NQF.

How Can Safe Space Legal Help?

Safe Space Legal has extensive experience working with organisations within the early learning sector, including kindergartens and childcare centres, to ensure they are meeting their child safety obligations and can support organisations by:

• Drafting best practice child safety policies, procedures and codes of conduct;
• Conducting gap analysis audits of critical incidents;
• Providing training on legal obligations, duty of care and child safety;
• Conducting child safety investigations which are compliant with relevant state and territory schemes; and
• Provide sound legal advice on risk mitigation.

Contact office@safespacelegal.com.au or call (03) 9124 7321 to organise a complementary discussion in relation to your organisation’s safeguarding needs.