The content of this article was updated on 15 July 2026.

All children have the fundamental right to feel safe, valued, respected and supported while attending early childhood education and care (ECEC) in NSW.

The NSW Government has amended the Children (Education and Care Services) National Law (NSW) to strengthen protections for every child in ECEC services. Changes introduced as part of recent child safety reforms include new provisions that:

• make it an offence to subject a child being educated and cared for by an ECEC service to ‘inappropriate conduct’
• define what is considered ‘inappropriate conduct’ in an ECEC context.

The legislative changes strengthen child safety measures by establishing clear behavioural expectations for ECEC providers and staff and prohibiting conduct that is not acceptable in ECEC environments. They are designed to ensure that children are cared for in child safe environments that are emotionally, psychologically and physically safe.

The new provision focuses on staff interactions with children and the professionalism of staff in early learning services. The new law is not a substitute or related to the existing law that makes inappropriate discipline an offence (Section 166).

If you observe concerning conduct or a child or parent discloses or alleges an incident of inappropriate conduct to you, you must notify the NSW Early Learning Commission, as the independent regulator for ECEC in NSW.

You may also need to make a report to other agencies, such as the NSW Police, Department of Communities and Justice (DCJ) and/or the Office of the Children’s Guardian (OCG).

If staff are unsure whether a child safety concern has been reported correctly, they should report the matter directly to the relevant agency. When in doubt, always report.

Section 5AA Meaning of ‘inappropriate conduct’ in relation to a child

Section 5AA defines ‘inappropriate conduct’ as:

It also sets out factors that must be considered when determining whether conduct is inappropriate, including:

• whether the behaviour is consistent with expected practice in ECEC settings
• the child’s age and stage of development
• whether the conduct is likely to cause emotional, psychological or physical harm
• the intent or purpose of the behaviour, particularly if it could be perceived as violent or sexual in nature.

A child’s consent – or perceived consent by a staff member – is not relevant in determining whether conduct is inappropriate.

A child may be subjected to inappropriate conduct:

• in person, either directly or by witnessing it happen to others
• through verbal or electronic communication
• by electronic capture, including photographs, recordings or live video
• through repeated actions or ongoing patterns of behaviour over time.

Section 166A Offence to subject child to inappropriate conduct

Section 166A makes it an offence for anyone involved in the provision of education and care to subject a child to inappropriate conduct. This includes approved providers, nominated supervisors, educators (including casual, agency or relief staff and students), other staff, volunteers and family day care educators.

Significant financial penalties apply for breaches of this law. Individuals face fines of up to $34,200 and approved providers face penalties of up to $516,600, depending on the size and structure of the organisation.

What does inappropriate conduct look like?

Some examples of inappropriate conduct include, but are not limited to:

Inappropriate physical contact:

• Touching a child in a sexualised or intrusive way, including inappropriate genital touching and patting, tickling, kissing, wrestling, prolonged or unnecessary hugging that is not warranted in the circumstances.
• Massaging, or persistent physical closeness (such as encouraging a child sit on an educator’s lap for an extended period or carrying a child for long periods or in an inappropriate way) that is not age appropriate or required based on the needs or abilities of a child.
• Physically restraining or forcibly holding a child down, including grabbing, pulling, swinging, dragging a child by any part of their body, or using physical force to relocate a child.
• Covering a child’s face or mouth during rest time (with a pillowcase, sheet, hand or other object).

Grooming behaviours:

• Favouritism, offering gifts or special privileges, attention, or isolating the child socially and physically including creating situations where a child is alone with an adult.
• Inappropriate personal comments (“You’re very pretty. I think you’re my favourite”), encouraging emotional dependency (attachment fostering), initiating private or secret communication with a child, or instructing a child to keep secrets by telling them “not to tell anyone”.
• Excessive or inappropriate physical affection.
• Unsupervised access to, contact with, or time alone with a child.
• Staff-to-staff grooming behaviours, including manipulating or influencing colleagues to gain trust, normalise boundary violations, avoid scrutiny, discourage reporting of concerns, or create opportunities for inappropriate conduct with children.

Ill treatment that is not disciplinary in nature:

• Physical or verbal abuse, threatening language, hostile or degrading comments, yelling, swearing, speaking aggressively, using derogatory or demeaning language, raising one’s voice at distressed or vulnerable children.
• Hostile or degrading demands of a child, including inappropriate forms of behavioural management.
  
• Rough handling or other conduct likely to cause emotional, physical or psychological harm.
  

Unprofessional communication:

• Sending personal messages, capturing or sharing images of children via unauthorised devices or platforms, or engaging with children online through social media or apps unrelated to your role.
  

Unprofessional conduct:

• Negative verbal interactions, conflicts or inappropriate remarks made in the presence of children.
• Educators expressing frustration or dissatisfaction loudly in front of children and staff.
• Staff witnessing inappropriate conduct by colleagues and failing to report it.

If you observe, suspect or receive an allegation that someone is engaging or has engaged in inappropriate conduct at your ECEC service, you must notify your service leaders immediately and report the incident/s to the relevant authorities, as outlined in your service’s reporting policies and procedures. The NSW Early Learning Commission must be notified of all instances.

Approved providers must notify the NSW Early Learning Commission via the NQA ITS portal as soon as practicable, but within 24 hours of the incident or within 24 hours of becoming aware of the incident. Complete an I01: Notification of incident form and provide any required attachments.

Meeting your obligations

ECEC services must take proactive steps to ensure all staff, educators, volunteers and anyone involved in the care of children meet their legal obligations under Section 166A and engage in appropriate conduct and interactions at all times.

Strengthen policies and procedures

Review and revise all relevant service policies and procedures to ensure they clearly reference and address the requirements of Sections 166A and 5AA.

These policies include, but are not be limited to, your:

• child safe environment policy
• safe use of digital technologies policy and online environments
• interactions with children policy
• staffing policy (including the staff code of conduct).

Your service must also have clear, accessible reporting policies and procedures and child-focused complaint handling processes in place so that any concerns about inappropriate conduct can be promptly and effectively identified, reported to and addressed by service leaders, as well as notified to the relevant authorities.

Report to the NSW Early Learning Commission

Inappropriate conduct is considered a serious incident and requires immediate attention.

If you witness, suspect or receive any allegations or disclosures that a staff member or volunteer is engaging or has engaged in inappropriate conduct you must notify the NSW Early Learning Commission via the NQA ITS portal as soon as practicable, but within 24 hours of the incident or within 24 hours of becoming aware of the incident (regulation 176).

This includes incidents or allegations of physical or sexual abuse of a child, or any sexual offence or sexual misconduct as defined under the Children’s Guardian Act 2019 (regulations 175(2)(d), (e) and (ea)).

When submitting your notification, complete an I01: Notification of incident form and provide any required attachments.

Failing to notify the NSW Early Learning Commission of a serious incident is an offence and penalties apply (section 174).

Services may also need to notify other authorities such as the Office of the Children’s Guardian, and the Department of Communities and Justice and the NSW Police. Read guidance on reporting incidents and concerns.

Approved providers are also required to notify the child’s parent or carer of the incident or allegation and keep evidence that they have been informed (regulations 86–87).

Build staff awareness, skills and capabilities

Approved providers and service leaders must support their staff to understand the new legislative requirements relating to inappropriate conduct under the National Law, including their legal obligations, and any updates made to service policies and procedures.

Promote a safe and respectful culture

• Champion and model a child safe culture, practices and appropriate conduct at all times.
• Monitor and support staff – providing guidance and professional development where needed – to ensure consistent, appropriate interactions with children.
• Develop and maintain a strong reporting culture where concerns about staff conduct and interactions can be raised safely and addressed promptly and appropriately.
• Ensure families are informed about child safety expectations, appropriate behaviour and interactions, and are aware of reporting processes, including who to speak to if they have concerns, so they feel confident raising issues safely and promptly.

Practise effective leadership and oversight

Approved providers and nominated supervisors must ensure that inappropriate conduct does not occur.

Read guidance on leading a child safe service.

Resources

NSW Early Learning Commission

• Identifying unacceptable or concerning behaviour
• Understanding manipulative behaviours and embedding safeguarding in recruitment
• Compliance focus – Safe and respectful interactions with children
• ‘Keeping Children Safe: identifying and responding to risks’ - September 2025 ECE Connect session, in collaboration with the NSW Office of the Children’s Guardian

NSW Office of the Children's Guardian (OCG)

• Child Safe Early Childhood Education and Care e-learning modules
• Guide to the Child Safe Standards

ACECQA

• NQF Child Safe Culture Guide
• NQF Online Safety Guide

Phoenix Support for Educators

• Understanding and supporting children’s behaviour professional learning resources, including podcast episode 3 on connections with children
• Strengthening relationships for children’s safety and wellbeing