This article applies to all providers of education and care services to children. 

Early Childhood Legislation Amendment (Child Safety) Act 2025 (Vic)

On 9 December 2025, the Early Childhood Legislation Amendment (Child Safety) Act 2025 (Vic) (the Amendment Act) received Royal Assent in Victoria.

The Amendment Act amends the Education and Care Services National Law (the National Law) as it applies in all States and Territories. The National Law is set out in the Schedule to the Education and Care Services National Law Act 2010 (Vic) (the Act).

For context, the National Law works under an applied law system. These laws are introduced in one jurisdiction but are applied nationally (usually via application Acts in each individual State or Territory) allowing for consistency throughout Australia. In this case, the National Law is contained within the Schedule of the Act but applies in all jurisdictions.

What’s new?

The key changes made by the Amendment Act are a raft of new child safety obligations that are subject to significant penalties for non-compliance, most notably:

• a new paramount consideration;
• a new requirement for child safety training;
• regulation of inappropriate conduct;
• regulation of the use of devices; and
• the establishment of the National Early Childhood Worker Register.

Further Information

Paramount Consideration

The Amendment Act inserts new section 2A into the National Law, establishing the safety, rights and best interests of children as the paramount consideration. Those involved in the operation of, or delivery of, education and care services (e.g. approved providers, nominated supervisors, staff members, volunteers) must have regard to and apply the paramount consideration when making decisions or acting in the provision of such services.

Nominated supervisor, in relation to an education and care service, means an individual who:

• is nominated by the approved provider of the service under the National Law to be a nominated supervisor of that service; and
• unless the individual is the approved provider, has provided written consent to that nomination.

NB: An individual may be both a nominated supervisor of a family day care service and a family day care co-ordinator for that service if the individual meets the criteria for each role.

Child Safety Training

The Amendment Act inserts new section 162B into the National Law, to complement existing section 162A. Existing section 162A requires approved providers to ensure certain persons complete the prescribed child protection training. New section 162B adds that approved providers must also ensure certain persons (e.g. those with management and control of the service, nominated supervisors, and staff members) complete prescribed child safety training. New section 162B ensures those working at all levels in education and care services have the capacity and knowledge to recognise and respond to child safety risks.

Failure to comply is an offence with a maximum penalty of $6,600 in the case of an individual or $34,200 in any other case.

Inappropriate Conduct

The Amendment Act inserts new section 166A into the National Law, to complement existing section 166. Existing section 166 sets out offences in relating to the use of inappropriate discipline. New offences relating to inappropriate conduct at an education or care service introduced by section 166A include:

• new section 166A(1) and (2), where an approved provider and a nominated supervisor are liable for an offence if another person (for example, a staff member) subjects a child to conduct that a reasonable person would consider to be inappropriate and the approved provider or nominated supervisor has failed to prevent the inappropriate conduct from occurring. Failure to comply carries a maximum penalty of $34,200 in the case of an individual or nominated supervisor or $172,000 in any other case; and
• new section 166A(3)-(6), where an approved provider, a nominated supervisor, a staff member and a volunteer are liable for an offence if they themselves subject a child being educated or cared for by the service to conduct that a reasonable person would consider to be inappropriate in an education and care service. Failure to comply carries a maximum penalty of $34,200.

Whether or not a reasonable person would consider the conduct to be inappropriate in an education and care service depends on the circumstances, which could include whether the conduct is generally accepted practice in the provision of education and care; whether the conduct is likely to cause or result in harm (including emotional, psychological or physical harm) or injury to a child or children enrolled at the service; the child’s age and stage of development; or whether the conduct is sexual, aggressive or violent.

Devices

The Amendment Act inserts new Part 6A into the National Law, regulating the use of devices that can be used to capture, store or transmit images. New obligations on approved providers include:

• an obligation to ensure that staff members only use a device to capture, store or transmit an image of a child if it is done for the purpose of providing education and care services, and the device has been supplied to the staff member for that purpose (rather being than a personal device); and
• an obligation to ensure that staff members do not have a personal device in their possession or control while working directly with children (with limited exceptions, e.g. for safety during excursions and emergencies).

Failure to comply carries a maximum penalty of $6,600 for an individual and $34,200 in any other case.

Capture, in relation to an image of a child, includes to film, record or take an image of the child.

Personal device means a device that is owned or controlled by a person and capable of capturing an image or storing or transmitting an image, but does not include a service-supplied device, a service-authorised device or a class of device that is prescribed not to be a personal device

Service-supplied device means a device supplied under section 175B(1) of the National Law relating to an approved provider of an education and care service.

Service-authorised device means a device authorised under section 175C(1) of the National Law relating to an approved provider of a family day care service.

Establishment of the National Early Childhood Worker Register

The Amendment Act inserts new Division 4A of Part 13 into the National Law, establishing the National Early Childhood Worker Register (the Register). Previously, the National Law did not provide for a national, centralised register of information about staff members. Now, under the Register, approved providers will be required to disclose certain information about workers to the National Authority to be kept in the Register and also any changes to such information supplied.

Information that must be provided by providers to the Register about workers is prescribed by new section 269B of the National Law, and includes contact information, evidence of qualifications and training, and details of their employment.

Failure to comply carries a maximum penalty for approved providers of $6,600 for an individual and $34,200 in any other case.

What you should do

Organisations should familiarise themselves with the new legislation and obligations, noting where approved providers are liable for themselves as well as for their various staff (like nominated supervisors, volunteers, day managers, etc.). Training such staff will be critical to ensure all workers and the approved providers themselves are compliant.