Paramount consideration: how the new legal duty is landing across the ECEC sector

Amendments to the Education and Care Services National Law that took effect on 27 February 2026 now require everyone involved in an education and care service to ensure that children’s safety, rights and best interests are the paramount consideration in all decisions and actions. As services begin implementing the change, many across the early childhood education and care sector are reflecting on what the new legal duty means in practice.

Changes to the Education and Care Services National Law that commenced on 27 February 2026 have introduced a new statutory duty across the early childhood education and care sector.

The amendment requires every person involved in the operation of an education and care service to ensure that children’s safety, rights and best interests remain the paramount consideration in all decisions and actions.

The duty applies broadly across services, including approved providers, persons with management or control, nominated supervisors, educators, teachers, staff members, volunteers and students.

While the principle of prioritising children’s wellbeing has long sat at the heart of the National Quality Framework (NQF), the reform elevates this expectation into a clear legal obligation.

Guidance released by the Australian Children’s Education and Care Quality Authority (ACECQA) information sheet Child safety, Understanding paramount consideration outlines how the duty applies across governance, leadership and everyday practice.

The reform strengthens the sector’s child safety framework by establishing a clear legal standard: children’s safety, rights and best interests must outweigh all other considerations when operating an education and care service.

Operational factors such as convenience, established routines, staffing pressures or organisational constraints cannot override decisions that protect a child’s wellbeing.

The amendment also clarifies expectations for regulatory oversight. Regulatory authorities may consider how services demonstrate this duty as part of monitoring, assessment and compliance activities.

For many services, the change does not introduce a new philosophy of practice. Instead, it formalises expectations that are already embedded within child-centred approaches to education and care.

Since the reform took effect, the concept of ‘paramount consideration’ has become an increasingly common point of discussion across governance bodies, leadership teams and educator groups.

For some providers and service leaders, the change represents a welcome strengthening of child safety protections.

Others have noted that while the principle aligns with existing practice, translating the legal duty into daily operational, decisions may require reflection across policies, supervision planning and organisational culture.

Many services are now reviewing how the concept is reflected within risk management processes, decision-making frameworks and leadership practices.

ACECQA’s guidance highlights that the principle will appear differently depending on a person’s role within a service.

Governance bodies may demonstrate the duty through oversight of risk, policy direction and decisions about resourcing that support safe environments for children.

Service leaders may embed the principle through supervision planning, policy implementation, workforce support and incident review processes.

Educators working directly with children may demonstrate paramount consideration through active supervision, safe sleep practices, respectful routines and responses to emerging risks.

While many services already operate with a strong focus on children’s wellbeing, the reform encourages teams to consider how the duty is consistently reflected across governance, operations and daily practice.

Embedding the principle of paramount consideration does not necessarily require significant new administrative processes.

Instead, services may integrate the concept within existing systems and reflective practices.

Approaches may include:

• Applying a child safety lens to daily decisions

Educators and leaders make hundreds of decisions each day. The central consideration becomes whether each decision clearly prioritises the safety, rights and best interests of the child.

• Embedding the principle in existing systems

Risk assessments, supervision plans, incident reviews and policy development processes can incorporate explicit consideration of children’s best interests.

• Using short reflective discussions

Short team discussions and scenario-based reflections can support shared understanding across the workforce.

• Strengthening a speaking-up culture

Services benefit from environments where educators and staff feel confident raising concerns, pausing routines or escalating risks when children’s wellbeing may be affected.

• Modelling decision making

Leadership teams play an important role in demonstrating how paramount consideration influences operational decisions, particularly where safety considerations affect staffing, supervision or environmental arrangements.

Although ACECQA has released guidance to support the reform, the sector continues to operate within significant workforce and operational pressures.

Services may face challenges including:

• limited time for professional learning and training
• workforce shortages and recruitment pressures
• competing regulatory requirements
• ongoing sector reform and change fatigue
• limited governance and operational resources.

These pressures mean many providers and leadership teams continue to seek practical guidance on how the duty should be interpreted and embedded within existing service systems.

ACECQA’s information sheet Child safety: Understanding paramount consideration provides further explanation of the legislative change.

The document outlines:

• the legal duty established under the National Law
• examples of how the obligation applies across different roles
• the broader child safety reforms strengthening the National Quality Framework.

The information sheet and related resources are available through the ACECQA website.

If you need support navigating these changes or making sure your service complies with the updated NQF, reach out to an expert consultant on (03) 9486 3455 or [email protected].