In August 2025, Education Ministers agreed to legislative amendments from the Child Safety Review Decision Regulation Impact Statement and other agreed national actions. These reforms aim to improve information sharing and system integration, enhance provider accountability and staff capability, and expand regulatory powers to ensure compliance.
Get ready for key legislative changes from early 2026:
- Use of service-issued devices only for taking images or videos.
- No personal devices when working with children (centre-based).
- Use of a national early childhood educator register.
- Nationally consistent child safety training for all staff.
- Child protection training for all staff.
- Making the safety, rights and best interests of children the paramount consideration in the operation of an education and care service
- Inappropriate conduct is an offence for all staff and volunteers.
- The limitation period will end 2 years from the date that an alleged offence comes to the notice of the Regulatory Authority and for this change to apply retrospectively.
- Inclusion of a 'stop the clock' provision in the limitation period for prosecuting offences which suspends the 2-year limit on legal proceedings in the event of a concurrent investigation.
- Tripled existing penalties under the National Quality Framework (NQF).
- Expanding use of Penalty Infringement Notices (PINs).
- The Regulatory Authority can share information about a prohibited person or suspended family cay care (FDC) educator with their current approved provider without request.
- The Regulatory Authority can share information about a person's current enforceable undertaking with their current approved provider without request.
- Recruitment agencies can be required to provide information on educators upon written request.
- The Regulatory Authority can share information about an educator with that person's recruitment agency.
- It is an offence for anyone subject to a prohibition notice to give a recruitment agency false or misleading information about the content or existence of the prohibition notice.
- No ability to apply for a service waiver of regulation 115—premises designed to facilitate supervision.
- The Regulatory Authority can issue a suspension notice to approved providers requiring a person to be suspended from providing education and care for a specified period.
- The Regulatory Authority can issue a supervision notice to approved providers requiring a person to be directly supervised for a specified period.
- The Regulatory Authority can mandate training/re-training for staff members.
- Allow the identification, monitoring and regulation of related providers.
Additional measures for family day care:
- assessment is required of FDC areas near the residence that may be accessible to children
- a formal approval process is required for the FDC service premises
- authorised officers are able to access areas of a FDC residence or property, beyond the service premises, in specific instances or for specific purposes.
These legislative changes aim to:
- 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.
Further guidance and resources will be provided to support the sector in the lead up to the changes.
More information