On 1 September 2026, the Education and Care Services Regulation 2026 (ECS Regulation) replaces the Education and Care Services Regulation 2013.
The ECS Regulation sets out the requirements for operating Queensland Education and Care (QEC) approved services under the Education and Care Services Act 2013 (ECS Act).
The updated ECS Regulation introduces changes that strengthen the safety, health and wellbeing of children receiving education and care in QEC approved services.
Key changes
The updated ECS Regulation includes new requirements relating to regular transportation, sleep and rest practices, child safe principles, recommendations from the 2023 Review of Child Safety Arrangements under the NQF, and other changes to improve clarity and alignment.
These changes include:
- new requirements for regular transportation, including record keeping, authorisations and notification requirements
- sleep and rest policies and procedures, including a ban on bassinets from being on the premises
- child safe environment policies that promote a culture of child safety and wellbeing
- child-focused complaints policies, including requirements relating to harmful sexual behaviours
- reporting suspected physical or sexual abuse of a child within 24 hours
- policies and procedures for digital technologies and online environments
- clearer requirements for recording incidents, injuries, illness and trauma
- a revised definition of serious incident
- broader qualification options for staff in school age care services
- clearer requirements about when first aid, anaphylaxis and asthma management training are considered current.
Transition periods
Some changes commence on 1 September 2026, while transition periods of 1 month or 3 months will apply to other new requirements, depending on the nature of the change.
Resources and information
These new requirements already apply to services regulated under the NQF. Existing
guidance materials developed by the
Australian Children's Education and Care Quality Authority (ACECQA) may assist QEC approved services to implement the new requirements.
Details of ECS Regulation changes
Transportation—improving children's safety during regular transportation
| Sections 26 to 30 and 93(2)(g) |
Requiring policies and procedures and risk assessments in relation to the safe arrival of children being transported between education and care services. A penalty applies for non-compliance |
3 months—commences 1 December 2026 |
| Sections 79 to 82 and 93(2)(i) |
Requiring policies and procedures, risk assessments, written authorisations in relation to transportation (other than for excursions) as well as specific procedures and recordkeeping in relation to children embarking and disembarking a means of regular transportation. A penalty applies for non-compliance
|
3 months—commences 1 December 2026 |
| Section 83 |
Requiring QEC approved providers to notify the Regulatory Authority if the service starts or stops providing or arranging regular transportation. A penalty applies non-compliance |
3 months—commences 1 December 2026 |
Sleep and rest—improving requirements for safe sleep and rest practices
| Sections 36 to 40 |
Requiring QEC approved providers to:
- have in place policies and procedures for managing sleep and rest for children, including specifying the content that must be addressed within these policies and procedures
- conduct a risk assessment for the purpose of preparing sleep and rest policies and procedures, identifying specific matters for consideration in the unique context of the service, and for a risk assessment to be conducted every 12 months. A penalty applies for non-compliance
|
3 months—commences 1 December 2026 |
| Section 35 |
Prohibiting bassinets at a QEC approved service premises at any time that children are being educated and cared for by the service. A penalty applies for non-compliance |
No transition period—commences 1 September 2026 |
Child safe principles—further embedding national child safe principles
| Section 23 |
Requiring that a QEC approved provider must ensure that staff are informed about their obligations under the
Child Protection Act 1999. A penalty applies for non-compliance |
1 month—commences 1 October 2026 |
| Section 93(2)(j) |
Requiring that a QEC approved provider's 'safe environment for children' policies and procedures must include matters relating to the promotion of a culture of child safety and wellbeing within the QEC approved service. A penalty applies for non-compliance |
3 months—commences 1 December 2026 |
| Section 93(2)(r) |
Requiring that a QEC approved provider's policies and procedures for dealing with complaints must include matters relating to:
- the provision of a complaint handling system at the service that is child focused
- the management of a complaint alleging a child is exhibiting harmful sexual behaviours.
A penalty applies for non-compliance
|
3 months—commences 1 December 2026 |
2023 review of child safety arrangements under the NQF
| Section 16(d) |
Requiring QEC approved providers to report, within 24 hours, to the regulatory authority if the approved provider reasonably believes physical or sexual abuse of a child has occurred or is occurring while the child is being provided education and care at the QEC approved service. This is achieved by making such an incident a 'serious incident'. Under the ECS Act, serious incidents must be reported within 24 hours. The ECS Act includes a penalty for non-compliance with reporting of serious incidents |
No transition period—commences 1 September 2026 |
| Section 20 |
Requiring that QEC approved providers must ensure children attending QEC approved services are provided with an environment free from the use of vaping devices and vaping substances. A penalty applies for non-compliance |
No transition period—commences 1 September 2026 |
| Section 93(2)(k) |
Requiring QEC approved providers to have policies and procedures relating to the safe use of digital technologies and online environments including:
- the taking, use, storage and destruction of images and videos of children being educated and cared for by the service
- obtaining authorisation from parents to take, use and store images and videos of children being educated and cared for by the service
- the use of any optical surveillance device at the service e.g. the use of CCTV
- the use of any digital device issued by the service
- the use of digital devices by children being educated and cared for by the service.
A penalty applies for non-compliance
|
3 months—commences 1 December 2026 |
Miscellaneous
| Section 16(c) |
Narrowing the meaning of serious incident in relation to attendance of emergency services. The change means that a serious incident includes an incident attended by emergency services, rather than an incident where the attendance of emergency services 'was sought, or ought reasonably to have been sought' |
No transition period—commences 1 September 2026 |
| Section 22 |
Providing a maximum timeframe in which parents must be notified of their child’s illness or injury (not later than 24 hours) |
No transition period—commences 1 September 2026 |
| Section 33 |
Prescribing the details which must be recorded for an incident, injury, trauma or illness, and maximum timeframe for making the record (not later than 24 hours) |
No transition period—commences 1 September 2026 |
| Section 70 |
Defining the meaning of 'current' with respect to approved first aid qualifications, anaphylaxis management training and emergency asthma management training |
No transition period—commences 1 September 2026 |
| Section 61 |
Expanding the approved qualifications for educators working in school age care services to align with the National Regulations (i.e. the broader list of qualifications approved by ACECQA for working with children over preschool age in Queensland)
|
No transition period—commences 1 September 2026 |
Frequently asked questions
Who is affected by the changes?
The changes affect a small number of Queensland early childhood services approved under the
Education and Care Services Act 2013.
Most are in rural and remote areas of Queensland.
How do the changes align with the National Quality Framework?
Many of the changes align the Queensland regulation with the National Regulations.
This includes sleep and rest policies, digital technology policies, incident notification and recordkeeping, the meaning of serious incident, qualification requirements for school age services, and training currency requirements.
The changes also introduce additional child safe measures for consistency between the ECS Regulation and the National Principles.
How long do services have to implement the changes?
Some changes commence immediately on 1 September 2026.
A 1-month transition period applies to the requirement for approved providers to ensure staff are aware of their obligations under the
Child Protection Act 1999.
A 3-month transition period applies to most other new requirements.
What consultation occurred?
In August 2024, stakeholders were given a consultation paper and invited to discuss it and provide a written submission by email or survey. The stakeholders included peak bodies, unions, approved providers and service-level contacts.
Feedback showed overall support for the intent of the reforms and strong support for stronger safeguards for children.