In late 2025, the Early Childhood Legislation Amendment (Child Safety) Act 2025 was passed into law by the Victorian Parliament on behalf of all states and territories following recommendations by the Australian Children’s Education and Care Quality Authority concerning child protection, wellbeing and safeguarding. The Amendment was enacted to strengthen child safety, including through reforms to the Education and Care Services National Law (National Law)[1] and the Education and Care Services National Regulations (National Regulations).[2]
As of 27 February 2026, the reforms to the National Law and National Regulations are in full effect. It is of the upmost importance that all approved providers of education and childcare services are aware of these changes.
The Changes:
The amendments have been made in waves, with initial changes taking effect between December 2025 and January 2026, and the more substantive changes to the National Law having recently come into effect on 27 February 2026.
Initial changes included:
- Extended limitation period.
- New offence for a person subject to a prohibition notice to provide false or misleading information to approved providers or recruitment agencies.
- Expanded information sharing powers of regulatory authorities.
- Increased maximum penalties and expanded use of Penalty Infringement Notices.
Those changes which are in effect as of 27 February 2026:
- Introduction of a statutory duty that the safety, rights and interests are to be the paramount consideration for providers in day-to-day operation.[3]
- Stronger management of the use of devices in education and care services.[4]
- Mandated child protection and child safety training.[5]
- New offence of ‘inappropriate conduct’.[6]
- Expanded powers of regulatory authorities to respond to misconduct.
- Stronger Working with Children Check requirements.
- Removing ability to apply for ongoing service waivers related to premises designed to facilitate supervision.
- Expanded powers to allow for effective identification, monitoring and regulation of related providers.
- Establishment of a National Early Childhood Worker Register.[7]
New Mandatory Child Safety Training
As of 27 February 2026, all approved providers of early childhood education and care services are required to ensure that staff complete the new mandatory child protection and safety training. It is important for service providers to consider these changes, as they require timely action.
Child Protection Training
Along with the introduction of new child safety training requirements, the amendments to the National Laws have also expanded the scope of existing child protection training. Under section 162A of the National Law, approved providers of education and care services must ensure that specified persons have completed the relevant child protection training prescribed by each state. Persons required to complete the training include:
- Nominated supervisors;
- People in day-to-day charge of a service; and
- Staff members and volunteers (including student volunteers) in any other role.
In Queensland, each specified person must complete at least one of the approved child protection modules. Completion of the new mandatory child safety training is, however, recognised for the purposes of this requirement.
You can find a list of the approved child protection training modules for each state here.
Child Safety Training
Section 162B of the National Law now mandates that approved providers of education and care services must ensure the completion of nationally consistent child safety training modules by:
- Any person with management or control of a service;
- Nominated supervisors;
- People in day-to-day charge of a service;
- Staff members; and
- Volunteers, including students.
Approved providers must ensure that existing staff have completed the child safety training within the appropriate timeframes, being the 6-month transition period. The relevant timeframes for completion under the National Law are as follows:
- Existing staff must complete the available foundation modules by 27 August 2026, being 6 months from 27 February 2026.
- Existing staff will need to complete the advanced modules within 6 months from the date they are made available, which is expected to be in July 2026.
- Otherwise, new staff commencing after the conclusion of the transition period will be required to complete the foundation modules within 14 days of commencement or before working directly with children (whichever is shorter).
Approved providers will also be required to ensure that the relevant persons have completed the training every 2 years.
You can find additional information about the national child safety training modules, including the training structure and access to the foundation training on the Australian Department of Education’s website, available here.
Who are ‘persons with management or control’ of a service?
The changes to the National Law now require that all people with management of control of an education and care service complete the mandatory child safety training. It is important for persons working with or overseeing schools and other approved providers to know what roles are within the scope of ‘persons with management or control’.
Section 5A of the National Law defines the meaning of ‘person with management or control’ for the purposes of the Law as any person who:
- Is a member of the group responsible for the executive decisions made in relation to the education and care service; or
- Has authority or responsibility or significant influence over the planning, direction or control of the activities or delivery of the service.
Broadly, this includes:
- Executive officers.
- Board members, including members of School Boards.
- Directors and Secretaries.
- Members of the School or Childcare provider’s governing body.
- Anyone listed as a responsible person.[8]
Although your role within an early childhood education or care service may not involve directly working with children, it is important to know that board members, directors and other officers are still required to complete the new national child safety training.
Contravention
With the recent changes to the National Law and National Regulations taking effect, new obligations have been placed on early childhood education and care service providers, particularly with respect to ensuring completion of the national child safety training. It is important that employees, volunteers, school boards and persons in other roles are aware of these requirements and the potential consequences that may flow from any failure to comply.
- Under the National Law, failure to complete the mandatory child safety training can result in substantial fines of up to $34,200 against your approved provider.
- For school board members and other officers of approved providers (that are a body corporate), the risk of personal liability is also increased by failure to comply with the child safety training requirements. If school board members are persons with management or control of the approved provider that are a body corporate, they must exercise due diligence to prevent a contravention under the National Law, otherwise they are at risk of personal liability[9].
Have a Question?
If you need assistance or legal advice regarding the above, Vocare Law can well assist. Contact our office on 1300-VOC-LAW / 1300-862-529 or email: enquiry@vocarelaw.com.au
This article was written by Jonas Whincop and James Tan.
**The information contained herein does not, and is not intended to, constitute legal advice and is for general informational purposes only.
[1] Education and Care Services National Law (Queensland)
[2] Education and Care Services National Regulation (Queensland)
[3] National Law, s 2A
[4] National Law, Part 6A
[5] National Law, ss 162A, 162B
[6] National Law, s 166A
[7] National Law, Division 4A
[8] Australian Department of Education, ‘Persons with management or control’: https://www.education.gov.au/early-childhood/providers/howto/who-can-administer/pmc
[9] National Law, section 285.
