NSW child safety reforms: what providers and services need to know

A new tranche of New South Wales-specific child safety reforms commenced, 24 April 2026, bringing additional obligations for approved providers and services across the early childhood education and care (ECEC) sector.

A new tranche of New South Wales-specific child safety reforms commenced, 24 April 2026, bringing additional obligations for approved providers and services across the early childhood education and care (ECEC) sector.

The changes, introduced under the Children (Education and Care Services National Law Application) Amendment Act 2025, continue the state’s broader program of reform designed to strengthen safeguards for children, improve provider accountability and support stronger regulatory oversight.

The reforms build on earlier NSW measures and recent national changes, with some requirements needing immediate action and others clarifying existing obligations.

The NSW Government has positioned child safety as central to quality ECEC service delivery. The latest reforms are intended to:

• strengthen child safe governance
• improve transparency in reporting and record keeping
• reinforce the paramountcy principle in decision-making
• build workforce capability in child protection
• increase accountability for providers and individuals
• close regulatory gaps that previously limited enforcement.

For providers and service leaders, the changes signal a renewed focus on policy settings, documentation, training and organisational culture.

Approved providers and services should review operations immediately to ensure compliance with the new requirements.

Update staffing policies

Staffing policies must clearly outline child safe recruitment, screening and ongoing employment practices. This includes processes for verifying Working with Children Checks, assessing suitability and monitoring conduct over time.

Review child safe environment policies

Child safe environment policies and procedures must address how services will:

• embed the paramountcy principle and manage conflicts of interest
• ensure all staff complete required child protection training and maintain current records
• maintain a register of child protection concerns
• ensure staff understand reporting pathways and can access the NSW Early Learning Commission Reporting Guide
• conduct child protection risk assessments
• maintain accurate daily attendance records.

Introduce protected disclosures policies

Services must establish a protected disclosures, or whistleblower, policy that explains how disclosures are made, managed and protected.

Regular staff training and awareness sessions are also expected to support a strong speak-up culture.

Strengthen staff understanding of child protection obligations

The Commission has made clear that staff must do more than simply know child protection laws exist. Providers must ensure educators and staff understand their obligations and how to apply them in practice.

Update incident records

Incident, injury, trauma and illness records must now include the name and signature of the person who gave, or attempted to give, notice of the incident.

Formalise educational leader appointments

Educational leaders appointed from today must formally accept the role in writing and understand the responsibilities attached to the position.

Maintain educator allocation records

Services must keep accurate and current records of educators working directly with children, including:

• room allocations
• shift times
• Working with Children Check numbers.

Be ready to disclose ownership structures

Where requested, approved providers must disclose the names of related entities to the NSW Early Learning Commission and clearly display ownership structures.

Additional changes now in effect

Several reforms also clarify requirements or introduce stronger enforcement mechanisms.

Updated child protection training protocol

Government guidance has been revised to clarify what constitutes compliant child protection training.

Insurance for penalties prohibited

Insurance products that cover financial penalties for breaches of the National Law, National Regulations or NSW Regulations are now prohibited.

New penalties for unapproved services

Financial penalties now apply to people operating unapproved education and care services from their own residence.

Family day care definition updated

The definition of ‘usual place of residence’ has been amended, providing greater clarity about where family day care may operate.

Prohibition notice review pathway changed

The review pathway for prohibition notices issued by the NSW Early Learning Commission has also been updated.

Further information, implementation guidance and frequently asked questions are available through the NSW Early Learning Commission’s child safety reforms resources.

The Commission said additional materials will continue to be released to support understanding and compliance across the sector.

Services seeking operational advice can contact the Information and Enquiries team on 1800 619 113 or via email at [email protected].