The
Early Childhood Legislation Amendment (Child Safety) Act 2025 has been passed by Victorian Parliament on behalf of all states and territories.
Approved providers and services should be prepared for the following key changes.
From 10 December 2025:
- Extending the limitation period for offences to enable prosecution to be undertaken.
- Penalties for giving false or misleading information to approved providers or recruitment agencies about a prohibition notice.
- Expanding the powers of Regulatory Authorities to gather and share information with/from recruitment agencies.
- Enabling Regulatory Authorities to proactively share the identity of prohibited individuals and individuals subject to enforceable undertakings with their current approved provider.
From 2 January 2026:
- 3-fold increase to all maximum penalties under the National Quality Framework (NQF).
- Expanding use of Penalty Infringement Notices (PINs).
From 27 February 2026:
- Making the safety, rights and best interests of children the paramount consideration in the operation of an education and care service.
- Mandating only service-supplied or service-authorised devices for taking images or videos of children.
- Mandating no personal devices when working directly with children (centre-based services).
- Mandating child protection and child safety training for all staff, volunteers and students.
- Establishing 'inappropriate conduct' as an offence.
- Broadening the range of regulatory responses available for addressing misconduct.
- Removing the ability to apply for service waivers related to regulation 115—premises designed to facilitate supervision.
- Allowing the effective identification, monitoring and regulation of 'related providers'.
- Establishment of a national early childhood educator register.
Additional measures for family day care (FDC) include:
- requiring assessments of FDC residences to include areas near the residence that may be accessible to children
- enabling authorised officers to access areas beyond the FDC service premises to monitor or investigate an offence or alleged offense.
Aim of legislative changes
These legislative changes will:
- strengthen the safety, quality, and accountability of early childhood services
- give families greater confidence in the care and education their children receive
- ensure providers continue to meet the highest standards of safety and professionalism.
Australian Children's Education and Care Quality Authority (ACECQA) will release national communications and guidance to support the implementation of legislative changes for approved providers and services.
Continue to visit the
child safety reform page for the latest updates and resources.