Early Childhood & Day Care Centres

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Safeguarding Experts

Early Childhood & Day Care Centres

Early childhood education and care services play a vital role in the lives of young children and their families. Day care centres, kindergartens, preschools, family day care, and long day care services have a fundamental legal and moral obligation to ensure that children are safe, protected from harm, and supported in environments that promote their wellbeing and development.

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Children and young people are inherently vulnerable to abuse and harm.  Children have a right to feel safe and be safe in all environments.  Exposing children and young people to abuse and harm may cause long-term trauma and impact their growth and development.  Organisations must take active steps to comply with their duty of care to mitigate risk of harm.

Expert legal services to organisations working with children

Safe Space Legal provides exper legal services to organisations working with children and young people including: schools, local councils, sporting organisations, early learning centres and kindergartens, religious institutions and family services. 

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We work with clients to address their safeguarding needs, in a cost-effective and value focused manner. We ensure that we are always responsive, transparent and people-focused in our services, and support clients to implement our advice and recommendations.

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Child Safety in Early Childhood

Early childhood is a critical developmental period where children are particularly vulnerable and rely on educators and carers to ensure their safety and wellbeing. The early learning sector faces unique challenges in safeguarding children, from managing complex regulatory frameworks to responding to allegations of abuse or harm.

The National Quality Framework (NQF) provides the foundation for regulation and quality improvement across early childhood education and care services in Australia. The NQF includes the National Quality Standard (NQS), which organisations are assessed and rated against across seven Quality Areas. Recent reforms have strengthened child safety requirements within the NQF, with new regulations commencing from September 2025 that place explicit child safety obligations on early learning providers.

Organisations in the early childhood sector must also comply with state and territory Child Safe Standards, which are based on the National Principles for Child Safe Organisations. These standards require organisations to embed child safety into leadership, governance, culture, policies, procedures, and day-to-day practice.

The early learning sector is also increasingly subject to Reportable Conduct Schemes across various Australian jurisdictions. These schemes require organisations to report and investigate allegations of abuse or misconduct involving workers, ensuring transparency and accountability in how organisations respond to child safety concerns.

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Our Services

Child Safety Policies

Developing child safety policies, procedures, codes of conduct, and complaints handling processes

Child Safety Investigations

Child safety investigations compliant with Reportable Conduct Schemes

Audits

Audits against Child Safety Standards with practical safeguarding advice

Child Safety Training

Tailored child safety training, including training compliant with the child safe standards and Ministerial Order 1359

Legal Advice

Expert safeguarding legal advice and representation for Early Childhood and Day Care Centres

Incident Management

Root cause analyses of critical child safety incidents and assistance with crisis management

Discover Frequently Asked Questions about Children and Young People

The National Quality Framework is the system for regulating early childhood education and care services and outside school hours care across Australia. It provides a national approach to regulation, assessment, and quality improvement. The NQF includes the National Quality Standard (NQS), which sets expectations for quality across seven Quality Areas including children’s health and safety, governance and leadership, and relationships with children.

From 1 September 2025, significant child safety reforms commenced under the NQF, including:

  • Requirements for clear policies on safe use of digital technologies and online environments, including taking, storing, and destroying images of children
  • Reduced reporting timeframes for allegations or incidents of physical or sexual abuse (from 7 days to 24 hours)
  • Ban on vaping substances and devices in early learning services
  • From 1 January 2026, refinements to the NQS to explicitly embed child safety into Quality Areas 2 (Children’s Health and Safety) and 7 (Governance and Leadership)

These changes strengthen safeguards and ensure child safety is a lived practice, not just policy on paper.

Safeguarding is the active steps an organisation takes to protect children from harm and ensure their wellbeing and safety. Early childhood services must:

  • Comply with Child Safe Standards in their state or territory
  • Have comprehensive child safety policies and procedures
  • Train educators and staff on recognising and responding to abuse
  • Implement child-focused complaints handling processes
  • Report allegations of abuse under mandatory reporting and Reportable Conduct Scheme obligations
  • Create physical and online environments that promote safety and minimise opportunities for harm
  • Embed child safety into governance, leadership, and organisational culture

In Victoria, early childhood services listed in Schedule 1 of the Child Wellbeing and Safety Act 2005 (Vic) are subject to the Reportable Conduct Scheme. This includes kindergartens, day care centres, and preschools. Similar schemes operate in New South Wales, Western Australia, Queensland (phased implementation), and Tasmania.

The Reportable Conduct Scheme requires organisations to report allegations of reportable conduct to the relevant regulator (in Victoria, the Commission for Children and Young People) and conduct investigations into these allegations. Reportable conduct includes sexual offences, sexual misconduct, physical violence, behaviour causing significant emotional or psychological harm, and significant neglect

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