Serious incidents and legal obligations

Clear, timely communication is a cornerstone of high-quality early childhood education and care (ECEC), especially when it comes to managing and responding to incidents involving children’s health, safety, and wellbeing.

 

There is a renewed urgency around how serious incidents are identified, responded to, and reported.

 

To support providers and services in meeting obligations, a serious incident guide is published by the The Australian Children’s Education & Care Quality Authority (ACECQA) in the Managing and Responding to Injury, Trauma and Illness Incidents information sheet. 

 

This resource outlines the responsibilities of approved providers and family day care educators specifically under the Education and Care Services National Law and Regulations, services must notify:

 

• parents/guardians within 24 hours of any incident, injury, trauma or illness involving their child Regulation 86, and
• the regulatory authority if the incident meets the threshold for a serious incident Regulation 12, also within 24 hours as required by Section 174 of the National Law and Regulation 176 of the National Regulations.

 

A written record of every incident must also be maintained Regulation 87. 

 

For family day care, Section 174A requires educators to report any serious incident or allegation to the approved provider.

 

ACECQA’s National Decision Tree offers a structured way to assess and act appropriately.

 

Reporting is just the start, what comes next matters most

 

While compliance is essential, the current climate in early education invites deeper questions:

• are all services clear on what constitutes a “serious incident”?
• are children’s voices and wellbeing at the centre of responses, or driven by risk management optics and procedural compliance?”
• are services fostering environments that prioritise safety not just through policies, but through everyday relational practices and leadership presence?

 

Reframing behaviour, supporting children’s emotional regulation, and building team capacity to respond with empathy and professionalism are essential strategies but they are not replacements for regulatory compliance.

 

The Managing and Responding to Injury, Trauma and Illness Incidents information sheet offers the scaffolding needed to get the basics right. 

 

But providers and sector leaders must go further, embedding a culture of accountability, emotional safety, and trauma-informed practice into their daily work.

 

Taking action on reporting gaps

 

Under the National Law, all early childhood services are required to uphold strict obligations around child safety and incident notification.

 

Concerns about non-compliance can be reported to the state or territory’s Regulatory Authority, who are responsible for monitoring and enforcing the National Law and Regulations.

 

Each jurisdiction provides avenues for lodging complaints or raising concerns, and many offer anonymous reporting options. 

 

These mechanisms ensure that children’s wellbeing remains a top priority and that services operate within the law.

 

You can find contact details for your Regulatory Authority here.

 

With new leadership at the federal level and renewed public focus on safety, the time is ideal to strengthen collective approach to incident prevention, response, and learning.

 

Access the ACECQA Managing and Responding to Injury, Trauma and Illness Incidents information sheet here and the National Decision Tree here.