Overview
Restricting the use of personal devices in early childhood services helps services manage the risks to children.
All approved providers of education and care services in Victoria are affected by these changes. This includes services regulated under either the:
- Education and Care Services National Law (National Law) and the National Quality Framework (NQF), or the
- Children’s Services Act (CS Act).
Approved providers are responsible for ensuring that their service(s) comply with the Statement of Regulatory Expectations – National Model Code (SRE-NMC) at each of their Victorian approved education and care services by Friday 26 September 2025. Compliance monitoring will start immediately following this date.
This means that:
- only service-issued devices are used to take images or videos of children
- people working directly with children in centre based services can not have personal electronic devices with them except for limited essential purposes. Read about restricted devices and essential purposes
- family day care educators can have personal electronic devices with them however they cannot use these devices to take images and videos of children
- there must be strict controls in place for the storage of images and videos of children at every service
- services must update the following policies and procedures:
- regulation 168 of the Education and Care Services National Regulations (National Regulations) for centre-based services under the NQF, or
- regulation 168 and 169 of the National Regulations for family day care services under the NQF, or
- regulation 112 of the Children’s Services Regulations (CS Regulations) for occasional care or limited hours services, as well as
- making sure they comply with the Child Safe Standards. In particular, Standard 9 and Standard 11
- services must ensure that staff and volunteers follow all these policies and procedures
- families at the service are told about these changes.
Complying with all these requirements is a condition of meeting your service approval.
Notify the Regulatory Authority of compliance
The approved provider must submit a notification to the Regulatory Authority for each of their Victorian approved education and care services confirming compliance with the requirements of the SRE – NMC.
To submit a notification for your service/s:
- Log in to NQA ITS Portal
- Navigate to My Service → New Forms
- Select RI01 (RA Requested Information Form).
- Select new dropdown option ‘Compliance requirement’ and click ‘Next’
- Complete the form’s requested information
- Submit the form.
National Model Code
The National Model Code for Taking Images or Videos of Children while Providing Early Childhood Education and Care (National Model Code), was released in July 2024.
Until now it has been voluntary for NQF services educating and caring for children from birth to 5 years to comply.
The Victorian Regulatory Authority now requires all approved providers to comply.
The National Model Code states that:
- Part 1: Only service-issued devices are used to take images or videos of children
- Part 2: People working directly with children do not have personal electronic devices with them except for limited essential purposes.
- Part 3: Approved providers can only authorise the use, and possession of personal electronic devices for limited essential purposes. Any exceptions to the restrictions on personal devices should:
- be limited to essential purposes
- be authorised in writing by the approved provider (or another means if not reasonably practical), and
- only be authorised where access does not impede the active supervision of children.
- Part 4: There must be strict controls in place for the storage and retention of images and videos of children at every service.
Read more about the National Model Code, watch a video and access additional resources at: National Model Code.
Statement of Regulatory Expectations – National Model Code
The Victorian Regulatory Authority has issued the ‘Statement of Regulatory Expectations – National Model Code’.
It sets out the obligations and requirements for approved providers to implement the National Model Code in all early childhood services in Victoria.
All approved providers must comply with the following requirements as conditions of their service approval:
- operate the service(s) in a way that ensures the health, safety and wellbeing of children
- have policies and procedures in place that align with the National Model Code, and take steps to make sure that staff and volunteers follow them
- make sure that the service is operated in way that complies with the Child Safe Standards.
Complying with the Child Safe Standards
All services must comply with the Child Safe Standards, in particular Standard 9 and 11 in relation to the SRE-NMC.
How the personal device restrictions apply in Victoria
Read about which devices are restricted, who the restrictions apply to, about exceptions and the authorisations required.
Compliance checklist for approved providers
Approved providers can use this list of actions to make sure their service(s) comply with the SRE-NMC.
- Update your policies and procedures for providing a Child Safety and Wellbeing Policy (Child Safe Environment Policy):
- Make sure educators, staff, volunteers and families are aware of the service's expectations, practices and approach.
- Confirm that you have appropriate consents for any general purpose photography or filming, and respect a family's decision to withhold their consent.
- Put systems in place to make sure your service only uses or discloses personal information for the purpose for which it was collected, unless the family has specifically consented, or disclosure is needed for enforcement purposes.
- Review your service policies and procedures to make sure they cover the use of personal electronic devices for taking, sending and storing images or videos of children taken while they attend the service in accordance with the National Mode Code.
- ACECQA has developed updated policy and procedure guideline for Providing a Child Safe Environment. It can be downloaded at: Preparing NQF Policies and Procedures.
- Update your staffing policies and procedures to make sure all service staff and volunteers are:
- aware of their obligations, and
- the consequences of using personal electronic devices for taking, sending and storing images or videos of children while they attend the service in accordance with the National Model Code.
- Share new or updated policies and procedures about safe environments for children and staff with:
- all staff and volunteers, and
- families of children attending the service.
- Undertake regular risk assessments of the taking, use, storage and destruction of images and videos of children being educated and cared for by the service.
- Implement a risk management plan to make sure you successfully implement the SRE-NMC at your service.
- Make sure all service-issued devices:
- have an identification code
- are distinctly branded
- are easily identifiable from a distance.
- Create and maintain suitable logs or registers for recording:
- how service-issued devices are issued and returned
- authorisations for the possession and use of personal devices for essential purposes, including:
- authorisations given in writing in advance, and
- authorisations made through other means (for example, in an emergency situation).
- Create a place to securely store service-issued devices when not in use. Consider how you will control your devices if staff are moving between locations.
- Install lockable storage for staff to store their personal devices securely and access them when not working with children. Make sure this storage is conveniently located.
- Purchase a sufficient number of service-issued devices for all needs. Create a place to store these devices securely when not in use.
- Make sure each staff member has:
- individual account credentials
- passwords to any online platforms used by the service.
- Create processes for permanently deleting or destroying photos and videos of children that no longer need to be retained.
- Check your processes are working as intended. Undertake regular:
- audits
- risk assessments
- reviews.
- Review all your policies, procedures, systems and devices regularly.
National Regulation changes – NQF services only
From 1 September 2025, approved providers under the National Law must ensure their services have policies and procedures for the safe use of digital technologies and online environments.
This includes policies and procedures for:
- the taking, use, storage and destruction of images and videos of children
- obtaining authorisation from parents to take, use and store images and videos of children
- the use of any optical surveillance device (e.g. CCTV)
- the use of any digital device issued by the service.
ACECQA has developed updated policy and procedure guidelines for:
- Providing a Child Safe Environment
- Safe Use of Digital Technologies and Online Environments Policy
They can both be downloaded at: Preparing NQF Policies and Procedures.
Consequences of failing to comply
Penalties for approved providers who fail to comply with the conditions of their service approval include:
- fines of up to $57,400 for NQF services
- fines of up to $61,053 for occasional care and limited hours services
- suspension or cancellation of service approval.
Further information
For further enquiries, contact the contact the Quality Assessment and Regulation Division (QARD) by:
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