The safety, rights and best interests of children must be the paramount consideration for all individuals involved in the operation and delivery of ECEC. This includes every person working in ECEC in NSW, including approved providers, service leaders, nominated supervisors, educators and the NSW Early Learning Commission itself. This has been law since October 2025.

From 27 February 2026, under Section 4, the rights and best interests of the child must prevail over any other obligation or interest. This includes the financial interests of approved providers and any other fiduciary duties owed by persons with management or control of services, and extends to duties or obligations which arise from the Corporations Act 2001 (Cth).

Ways to demonstrate paramountcy could include:

• references to the paramountcy of children’s rights and interests in policies and procedures
• recording how the paramountcy principle informed significant decisions, including in risk assessments, incident reports, staffing and enrolment decisions and responses to concerns or complaints
• reflecting paramountcy in day-to-day practice, including supervision and interactions with children.
• demonstrating how children’s views and experiences are considered in decision making, where appropriate.

Further guidance on demonstrating paramountcy.

From 6 November 2025, services must display their compliance and quality history (Section 172(3) and (4) of the National Law (NSW) to provide greater transparency for families.

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From 27 February 2026, legislative requirements relating to negative notices are in effect meaning educators and staff must notify their approved provider in writing if:

• they receive a negative Working with Children Check notice from the NSW Office of the Children’s Guardian or another jurisdiction, or
• there is a change to their teacher accreditation or registration.

They must do this within 72 hours of the event occurring or within 24 hours of becoming aware of the change.

Approved providers must notify the NSW Early Learning Commission if they become aware that an educator or staff member at their service has received a negative Working with Children Check notice or a change to their accreditation or registration. This must be provided within 24 hours of becoming aware.

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From 27 February 2026, approved providers are now required to assess not only the family day care residence (as required under Regulation 116), but also areas near the residence that may be accessible to children under Section 197(6) of the National Law (NSW).

These changes apply to new assessments and each annual reassessment undertaken by approved providers. They will not apply retrospectively.

From 27 February 2026, approved providers and their services must review and amend their policies to ensure they clearly reference the new legal provisions under Sections 166A and 5AA of the National Law (NSW).

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Personal devices capable of taking, storing or transmitting images or videos are prohibited while working directly with children in ECEC.

From 27 February 2026, approved providers and services must comply with restrictions under Part 6A of the National Law, as well as the Regulator Direction issued by the NSW Early Learning Commission under Section 261A of the National Law (NSW).

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From 27 February 2026, large providers must provide copies of any employee, management or executive incentive scheme to the NSW Early Learning Commission if requested to do so under Section 295B of the National Law (NSW). Failure to comply is an offence.

From 24 April 2026, approved providers are required to ensure their staffing policies outline clear child safe recruitment and employment practices under changes to Regulation 168(2)(i)(ia) and 168(2)(i)(ib) in NSW.

To assist with the implementation of this reform the Commission has developed a Child safe recruitment, induction and training toolkit which includes the following resources:

• child safe recruitment, induction and training sample policy
• child safe recruitment checklist
• child safe interviews checklist
• child safe referee check template

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From 24 April 2026, services must specifically address key elements of how they provide a child safe environment in their documented policies and procedures under changes to Regulation 168(2)(h) in NSW.

Services have always been required to have child safe environment policies and procedures but now they must cover:

• a commitment to ensuring each child’s safety, welfare and wellbeing are paramount in all decisions and actions. This includes how the service will resolve conflicts of interest as they arise. Policies and procedures should cover specific requirements under Section 4 of the National Law, which make it clear that if there is ever a conflict of interest between the interests of the service or approved provider and the rights and best interests of a child or the children to whom the approved provider provides education and care, the rights and best interests of the child or children must prevail.

• ensuring all staff complete child protection training as required under the National Law, with up-to-date records maintained

• maintaining a register of child protection concerns

• ensuring that staff know how to report any concerns and having the NSW Early Learning Commission’s Reporting Guide in a place accessible by all staff

• conducting child protection risk assessments

• maintaining accurate daily attendance records so children are accounted for at all times.

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From 24 April 2026, under Section 300E of the National Law (NSW), every approved provider and service is required to:

• have a protected disclosures policy that clearly explains how disclosures are managed
• provide regular training and awareness sessions to staff on the importance of protected disclosures and the protections available to those who make them.

This reform will help staff understand their responsibilities and feel supported to raise concerns safely.

The Commission has developed a protected disclosures model policy to assist providers and leaders in embedding these practices.

Services are encouraged to adapt this sample to suit their own context.

From 24 April 2026, under changes to Regulation 84 (NSW), approved providers are required to ensure all staff working with children (including volunteers and students) understand child protection law, not just be aware of it.

Approved providers must ensure staff members, nominated supervisors and volunteers have an understanding of this and have met this obligation by being able to clearly explain:

• their obligations as a mandatory reporter
• the circumstances which would require them to make a report
• how to submit a report.

Approved providers are responsible for embedding this understanding of child protection law into recruitment and onboarding practices for all staff working with children. This should also be reinforced through regular staff discussion and ongoing professional development.

Approved providers should be able to demonstrate specific steps they have taken to ensure this understanding, and keep appropriate records of these steps.

Advice on helping staff understand child protection law on Child protection and child safety training requirements and in the Guide to the NQF under Element 2.2.3.

From 24 April 2026, all incident, injury, trauma and illness records must now also include the name and signature of the person who gave or attempted to give notice of the incident under updates to Regulation 87(3)(e)(iii) in NSW.

This aims to support accountability and ensure a clear record of how incidents are reported or managed.

From 24 April 2026, under updates to Regulation 118 (NSW), an educational leader must:

• accept the position in writing
• understand the obligations of an educational leader.

A record should be kept of the:

• Role description for the educational leader that outlines expectations and parameters of the role.
• Resume of the educational leader.
• Qualifications held by the educational leader.
• The educational leaders written acceptance.

This supports clarity and accountability by ensuring educational leaders are formally aware of their responsibilities to lead the development and implementation of educational programs in their service.

From 24 April, under updates to Regulation 151, a record must be kept of:

• the rooms and times that each educator is allocated

• the Working with Children Check number of each educator.

These new requirements help to strengthen what is one of the most important protective records that services keep.

A template has been developed that services may choose to use, along with detailed guidance on the change.

From 24 April 2026, conditions on approved providers will be expanded under Section 19 of the National Law (NSW) to better identify, monitor and regulate providers linked to a service, including those operating through complex ownership and governance structures.

This includes the new requirements to:

• disclose the names of any related entities of the approved provider (related providers) and any changes, if requested by the Commission
• clearly display ownership structures.

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From December 2025, under Sections 178 and 178(3) of the National Law (NSW) any educator, including volunteers, can be suspended with or without notice for a breach of the law, or if there is a risk to children.

From December 2025, under Sections 178A and 178A(3) of the National Law (NSW), approved providers can be ordered to provide direct supervision to an educator following a breach of the law.

From 27 February 2026, under Section 219A of the National Law (NSW), services can be ordered to close on a temporary basis in the event of an emergency, for example due to a natural disaster.

From 27 February 2026, under Section 199(5) of the National Law (NSW), authorised officers are now able to enter and inspect areas of a family day care service premises beyond the part of the residence where education and care is provided, where:

• inspection is required to assess or monitor compliance with requirements relating to the safety, health and wellbeing of children
• the authorised officer reasonably suspects that an offence has been, or is being, committed.

A new definition of ‘family day care service premises’ has been introduced in the National Law (NSW) for the purposes of authorised officers’ entry and inspection powers. This definition expands the scope of a family day care residence to include all areas of the premises, regardless of whether they are used to provide education and care, such as:

• rooms within the residence that are not used for education and care
• areas outside, but near, the residence, whether or not they are used for education and care (for example, a shed or garage located on the same premises as the family day care residence).

Under Section 199(5)(a)(b) of the National Law (NSW), authorised officers in NSW are permitted to enter these additional areas without requiring the occupier's consent.

From 24 April 2026, Section 162A of the National Law (NSW) will be updated to clarify who must complete child protection training in NSW and which courses are approved for people working in ECEC. The provision will be enforceable which means penalties may apply for non-compliance.

Approved providers should continue ensuring staff complete the training required for their role.

From 24 April 2026, under Section 292A a person must not hold insurance that covers financial penalties for breaches of the: 

• National Law

• National Regulations 

• NSW Regulations.

Financial penalties apply. This new provision makes clear that individuals, services and providers are directly accountable and cannot avoid the consequences of non-compliance.

From 24 April 2026, under Section 295A a financial penalty of $68,700 will apply to people who provide unapproved education and care services at their own residence.

This new offence targets individual providers who operate family day care-style education and care without being connected to an approved family day care service, helping to ensure children are cared for in safe, regulated environments.

From 24 April 2026, the definition of family day care residence will be updated under Section 5(1) of the National Law (NSW). It refers to a residence where a family day care educator educates and cares for children as part of a family day care service, including:

• the family day care educator’s usual place of residence

• the usual place of residence of another person.

This provides clarity around where family day care can legally operate and ensures all approved locations are clearly captured under the law.

From 24 April 2026, the review pathway for individuals who have been prohibited by the NSW Early Learning Commission will change.

Under Section 186A if the Commission issues a prohibition notice to an educator, or if the Commission makes a decision to refuse to grant an application by the educator for a cancellation of an in force prohibition, the educator may apply to the independent arbiter for a review of the decision.

This can be done by communicating this application to the Commission in writing within 30 days of the relevant decision.

From 1 September 2025, notification timeframes of incidents or allegations of physical or sexual abuse to a child while being educated or cared for by an education and care service have reduced from 7 days to 24 hours (Regulation 176).

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From 1 September 2025, services must be free from the use of vaping substances and vaping devices (Regulation 82).

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On 1 January 2026, refinements to the NQS commenced to sharpen the focus on child safety and explicitly reference child safety within Quality Areas 2 and 7.

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From 27 February 2026, all staff, volunteers and students in ECEC must complete mandatory national child safety training. The Foundation training modules are available on Geccko now and Advanced modules from July 2026.

Foundation training modules must be completed by 27 August 2026 by:

• persons with management or control
• nominated supervisors
• persons in day-to-day charge
• family day care educators
• all other staff, volunteers and students.

This training does not replace existing NSW child protection training requirements.

Visit our child protection and child safety training webpage for a list of requirements.

From 27 February 2026, approved providers must use the National Early Childhood Worker Register developed by ACECQA. The register provides state and territory regulatory authorities, including the NSW Early Learning Commission, with a secure national view of who is working in ECEC services and where, to improve regulatory oversight and support child safety across the sector.

Approved providers must:

• record and maintain workforce information in the register
• update the register with information on their current workforce
• update the register within 14 days of a worker being employed, engaged or appointed
• update information within 14 days of becoming aware of any changes.

Out of scope services that are regulated under the Children (Education and Care Services) Supplementary Provisions Act 2011 are not required to use the National Early Childhood Worker Register.

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From 27 February 2026 an approved provider that is a body corporate must notify the regulatory authority that granted its approval (in NSW that is the NSW Early Learning Commission) if 50% or more of its ownership or voting rights are acquired. This notification must be made within seven days of acquisition.

From 27 February 2026, under Sections 178D and 178E of the National Law, the NSW Early Learning Commission now has the power to direct nominated supervisors, staff or volunteers to undertake specific training related to compliance issues. This measure aims to prevent poor behaviour from escalating and support staff to build their skills and improve the quality of their work.