Positive interactions and inappropriate conduct: what ECEC services need to know

Queensland’s Regulatory Authority is reminding early childhood education and care (ECEC) services of their responsibilities to support positive relationships with children, alongside new national offences relating to inappropriate conduct.

The Queensland Government’s guidance on positive relationships with children outlines responsibilities for service leaders and educators, while an Australian Children’s Education and Care Quality Authority (ACECQA) information sheet provides further guidance on section 166A of the Education and Care Services National Law (National Law).

The new inappropriate conduct offences commenced on 27 February 2026 and apply to approved providers, nominated supervisors, staff members and volunteers, including students.

Queensland’s Regulatory Authority describes creating positive relationships with children as a complex part of an educator’s role, requiring a balance between individual needs, group dynamics and responsiveness to children’s diverse backgrounds and personalities.

The guidance also acknowledges the impact of workforce shortages and heightened behaviours in children, which can leave educators stretched and make it more difficult to provide individualised attention and respond effectively to emotional and behavioural needs.

These pressures do not remove services’ regulatory responsibilities.

Under regulation 155 of the Education and Care Services National Regulations (National Regulations), approved providers must ensure education and care supports positive interactions through inclusive programs, positive guidance and encouragement, while supporting children to develop self-reliance and confidence.

The requirements also connect with the National Quality Standard, including Element 5.1.1, positive educator to child interactions, and Element 5.1.2, dignity and rights of the child.

The Queensland Government’s positive relationships with children guidance includes practical resources for service leaders and educators.

From 27 February 2026, section 166A of the National Law introduced offences relating specifically to inappropriate conduct.

Approved providers, nominated supervisors, staff members and volunteers must not subject a child being educated and cared for by a service to conduct that a reasonable person would consider inappropriate in an education and care service.

Approved providers and nominated supervisors must also ensure children are not subjected to such conduct while being educated and cared for by the service.

Offence penalties may apply.

ACECQA’s inappropriate conduct information sheet provides guidance to help services understand the new requirements and how inappropriate conduct may arise.

Whether conduct would be considered inappropriate depends on the circumstances.

Under the National Law, relevant considerations can include whether the conduct aligns with generally accepted education and care practice, the child’s age and developmental stage, whether it is likely to cause emotional, psychological or physical harm or injury, and whether the conduct is sexual, aggressive or violent.

Inappropriate conduct is not limited to physical interactions.

ACECQA advises that it can occur through words or behaviour, including interactions between adults in the presence of children; through filming, images or recordings; through exposure to inappropriate language, conversations or materials; online; or through an omission such as deliberately excluding a child.

It can occur as a single incident or as part of a pattern of behaviour over time.

Importantly, whether a child consented to the conduct, or whether the adult believed the child had consented, does not determine whether the conduct is appropriate.

The new section 166A offences sit alongside the existing prohibition on inappropriate discipline under section 166 of the National Law.

Section 166 prohibits approved providers, nominated supervisors, staff members, volunteers and family day care educators from subjecting a child to corporal punishment or discipline that is unreasonable in the circumstances.

Section 166A addresses the broader concept of conduct that a reasonable person would consider inappropriate in an education and care service.

ACECQA makes clear that the introduction of section 166A has not changed the existing inappropriate discipline offence.

Understanding both requirements is important for services when setting expectations for interactions with children and responding to concerns about adult behaviour.

Queensland’s guidance places responsibility on approved providers to support staff to interact positively and respectfully with children, provide programs that meet individual interests and needs, follow policies and procedures that promote positive behaviour and child-safe environments, and understand processes for reporting and responding to inappropriate discipline or conduct.

For educators, the guidance emphasises connection and co-regulation, managing their own emotional responses and responding promptly and constructively to behavioural concerns.

It also encourages educators to work with families and other support people to better understand each child’s strengths, interests, needs and strategies for participating in the educational program.

The Regulatory Authority has developed practical resources covering connecting with children, educator self-regulation, guiding children's behaviour and positive interactions.

For approved providers and service leaders, the requirements reinforce the importance of creating environments in which positive and respectful interactions are supported through leadership, policies, professional practice and clear processes for responding when concerns arise.

Further information is available through the Queensland Government’s positive relationships with children guidance and ACECQA’s inappropriate conduct information sheet.