Big Changes Ahead for Child Safety in Early Learning Services

Big Changes Ahead for Child Safety in Early Learning Services

Significant changes to child safety regulation are coming for early childhood education and care services across Australia.

In December 2023, the Australian Children’s Education and Care Quality Authority (ACECQA) published the Review of Child Safety Arrangements under the National Quality Framework (NQF). The review, requested by Education Ministers, looked at how well the current system protects children. In response, Ministers have signed off on new rules and standards that commence from September 2025.

These changes are designed to strengthen safeguards in services and ensure that child safety is not only a policy on paper, but a lived practice in every centre. Providers must not only understand the new rules but implement them in a way that meets both legal obligations and community expectations.

Changes from September 2025

 The first set of changes begins on 1 September 2025. From this date, services must have a clear policy on the safe use of digital technologies and online environments. This covers how photos and videos of children are taken, stored and eventually destroyed, ensuring parents give authorisation before images are used, and regulating the use of CCTV and other surveillance devices. The changes also include rules about service-issued digital devices and how children themselves use devices.

For example, if an educator wants to take photos of children during a play activity, the service’s policy must dictate how those images are stored, when they should be deleted, and whether parents have consented. If a child brings in their own tablet, the policy should set out clear rules about how and when it can be used.

Another important change concerns reporting obligations. Previously, services had seven days to report allegations or incidents of physical or sexual abuse. From September 2025, that timeframe reduces to 24 hours, reflecting the importance of quick action in response to allegations of abuse and harm.

Finally, vaping substances and devices will be banned outright in services, alongside existing bans on tobacco, alcohol and illicit drugs. If a staff member is found using a vape on service grounds, the provider would be in breach of the regulations in the same way as if tobacco or alcohol were used on-site.

Changes from January 2026

The second stage of reforms will take effect on 1 January 2026, focusing on the National Quality Standard (NQS). These refinements make child safety an explicit part of the quality framework, especially in Quality Areas 2 and 7.

In Quality Area 2 (Children’s Health and Safety), Element 2.2.3 will be renamed Child Safety and Protection. This wording makes it clear that all staff, from educators to management, have legal responsibilities to identify and respond to any child who may be at risk of abuse or neglect.

For example, if an educator notices a child regularly coming to care with unexplained bruises, under the refined NQS, the service must ensure that staff know how to recognise this as a potential sign of abuse and respond appropriately.

In Quality Area 7 (Governance and Leadership), the standards will be refined so that governance systems are not only about running a service well, but running a service that is demonstrably child safe. This means policies and management systems must actively manage risks, support continuous improvement, and keep child safeguarding at the heart of decision-making.

The Guide to the NQF will also be updated to give services practical examples of what good child safe practice looks like in action, including guidance on children’s online safety.

What These Changes Mean for Providers

It is crucial for early learning providers to prepare and implement changes now to ensure compliance. Providers must ensure digital technology policies are updated, staff are trained on new reporting obligations, and service environments are completely free from vaping devices.

Ensuring sufficient implementation of these changes can minimise risks of non-compliance risks, reputational harm, and most importantly, a failure to protect children in their care.

Support and Resources

ACECQA has started to release resources to help organisations implement these changes, including the NQF Child Safe Culture Guide and the NQF Online Safety Guide. The Guide to the NQF will also be updated with more practical examples.

However, every service is different, and one-size-fits-all guidance only goes so far. Many providers require tailored policies, customised training plans, and advice on governance systems to be confident they are meeting legal obligations and aligning with best practice.

This is where getting the right legal guidance can make all the difference, turning complex regulatory changes into clear, practical steps for your organisation.

How Can Safe Space Legal Help?

 At Safe Space Legal, we work closely with early childhood education providers across Australia to understand and implement these reforms.

Our services include:

• Drafting or review of child safety policy suites, including digital technology policies
• Tailored training for staff, including training on their new reporting obligations
• Drafting or review of governance and risk management systems against updated NQS.

If you are unsure how these changes will affect your service, or would like expert support to prepare, we encourage you to get in touch with us today.