Child safe recruitment and employment requirements now apply in NSW ECEC services

The NSW Department of Education has introduced legislative requirements under the Education and Care Services National Law and National Regulations, aimed at strengthening child safe recruitment and employment practices in early childhood education and care (ECEC) services.

The changes apply to all approved providers and services in New South Wales and align with the NSW Child Safe Standards, which form part of the state’s mandatory Child Safe Scheme.

Approved providers must ensure they understand and implement the following obligations:

Notification of clearance status: Under Section 174AA, all staff must notify their approved provider within 72 hours if their:

• Working with Children Check (WWCC) clearance is refused or cancelled, or
• Accreditation or registration status changes, including receipt of a negative notice.

False or misleading information: Under Section 188A, penalties apply if an individual provides false or misleading information to a provider, service, or recruitment agency in relation to:

• Suspension notices
• Supervision notices
• Prohibition notices

These provisions are now legally enforceable and form part of NSW’s commitment to upholding child safety in all regulated environments.

From mid-2026, further requirements under Regulation 168(2)(i)(ia) and (i)(ib) will come into force. These will require services to:

• Conduct and document reasonable enquiries into a person’s suitability before and during their employment
• Check for prohibition, suspension, supervision notices, and enforceable undertakings

These requirements apply throughout the duration of employment, not just at point of hire.

Approved providers and centre managers are encouraged:

• Update or review recruitment policies and staff handbooks
• Clearly communicate notification obligations to all current employees
• Establish or refine internal processes to record and act on suitability checks
• Monitor updates from the NSW Regulatory Authority and incorporate future guidance into service operations

Further resources and support will be progressively released to assist with implementation.

More information is available on the NSW Department of Education website.