National and Victorian legislative reforms
The Education and Care Services National Law (National Law) and National Regulations are changing.
The nationally agreed reforms will improve the safety, quality and accountability of early childhood services across Australia.
Most of the changes come into effect in early 2026 and aim to:
- strengthen the safety, quality, and accountability of education and care services
- give families greater confidence in the education and care their children receive
- ensure approved providers and educators continue to meet the highest standards of safety, quality and professionalism.
The Victorian Government is also making further changes to strengthen the quality and compliance of approved providers and services that operate in Victoria under the National Law.
These changes complement national reforms and put in place stronger safeguards to protect Victorian children from harm.
What does this mean for Victorian providers, services and workers?
Most changes do not require adjustments to existing operations or practices for the majority of services that are already providing safe, high-quality education and care. Approved providers are expected to educate their staff and volunteers about the changes and how they impact them.
Guidance and Information Sessions
Starting with our December newsletter, we will provide detailed information and guidance for approved providers and services on the steps they need to take to comply with the new national and Victorian requirements.
We will also be holding a series of information sessions in early 2026 to explain the upcoming changes and the steps required to comply with the new requirements.
The national changes will come into effect in stages to allow time for services to plan their implementation. The ACECQA child safety webpage will be regularly updated with resources and guidance to assist approved providers with implementation.
Summary of national changes
Changes effective immediately
- The Regulatory Authority will have more time to investigate and commence prosecution for alleged offences.
- The Regulatory Authority will be able to share information with, and gather information from, recruitment agencies that supply educators to education and care services.
- It will be an offence for a person who is subject to a prohibition notice to give a recruitment agency false or misleading information about the prohibition notice.
Changes from 2 January 2026
- All maximum penalties will be tripled. For example, the maximum penalty for the offence in section 167 of the National Law relating to protection of children from harm and hazards will increase from $11,400 (for an individual) and $57,400 (in any other case) to $34,200 (individual) and $172,200 (any other case).
- There will be a broader range of offences for which a penalty infringement notice (fine) can be issued.
- Some existing regulatory requirements under the National Law will become offences.
Changes from 27 February 2026
- The safety, rights and best interests of children will be the paramount consideration for all decision makers in the education and care system.
- The possession and use of digital devices in education and care services will be restricted.
- Child protection training will be mandatory for all nominated supervisors, staff and volunteers (including students) who work with children.
- All staff must be made aware of child protection laws and their obligations, whether or not they work with children.
- National child safety training will be mandatory for all persons with management or control, nominated supervisors, staff and volunteers.
- Inappropriate conduct will be an offence for the approved provider, nominated supervisor and all staff and volunteers.
- Regulatory Authorities will have a broader range of powers to respond to individual misconduct by imposing supervision, suspension, or mandatory training orders.
- Regulatory Authorities will be able to proactively share information about prohibited individuals and individuals subject to enforceable undertakings with their current approved provider or recruitment agency.
- It will be an offence for a prohibited person to give a recruitment agency false or misleading information about the prohibition notice.
- Regulatory Authorities will have the power to gather information from recruitment agencies.
- Working with Children Check (WWCC) requirements will be strengthened – in all jurisdictions a current WWCC will be required before commencing work in a service. There will be requirements to notify approved providers and Regulatory Authorities of any changes to WWCC status.
- Approved providers will no longer be able to apply for an ongoing service waiver from the requirement that services must be designed to facilitate supervision.
- Regulatory Authorities will have powers to identify, monitor and enforce compliance against related approved providers where there is a systemic risk to the health, safety or wellbeing of a child or children or of contravention of the National Law.
- Approved providers must notify the Regulatory Authority when 50% ownership or voting rights of the approved provider are transferred to another entity.
- Approved providers of family day care services must assess risks in areas near but outside the family day care residence that may be accessible to children and must formally approve the areas of the residence that are suitable for providing education and care.
- Authorised officers will be able to access areas beyond the family day care residence for limited purposes to enforce the new requirements.
- A National Early Childhood Worker Register will be established – approved providers will be required to record information about staff and volunteers in the Register.
Summary of Victoria-specific changes
Changes from 2 January 2026
Penalties and offences
Victoria is introducing higher maximum penalties for large providers and expanding the number of offences under the National Law which are infringeable offences.
Maximum penalties for providers with 25 or more services will increase by 9 times the current penalty amounts. A large provider could be liable to a penalty of up to $1,034,100 for the most serious offences.
New regulatory requirements and offences
Approved providers will be required to notify the Regulatory Authority of any reportable sexual offence or misconduct committed by staff, students or volunteers. Non-compliance will be an offence.
It will be an offence for an approved provider to enter into a contract of insurance which indemnifies the approved provider or any staff members from a financial penalty for non-compliance with the NQF or the Child Safe Standards:
Administrative and enforcement powers
In Victoria, the regulatory authority will be able to:
- directly suspend individuals from working in early childhood education and care services
- prohibit persons who are involved in providing unlicensed services
- take disciplinary action and bring disciplinary proceedings against an approved provider who has contravened the National Law or Regulations, including against a person with management or control of the approved provider entity
- cancel a provider approval if the provider has been deregistered or liquidated
- suspend a service’s quality rating during an investigation.
Persons refused provider or service approval will not be able to reapply for 12 months unless granted permission to do so by the Regulatory Authority.
Regulatory Authority and Ministerial powers of direction
Victoria is introducing new powers for the Regulatory Authority and the Minister for Children. The changes allow the Regulatory Authority and the Minister to:
- give directions and guidelines to the sector
- direct services in a certain area to close because of an emergency event.
If a person applies for an internal review of a Regulatory Authority decision, that decision will remain in place while the review is being conducted.
Changes from 27 February
Increased transparency and information sharing
Victoria is increasing transparency about regulatory measures and expanding the information sharing powers of the Regulatory Authority to help families stay informed, build trust in the sector, address unsafe behaviours and practices and remove regulatory gaps.
Approved providers will be required to display their quality and compliance history for their services. Non-compliance will be an offence.
The Regulatory Authority will be able to:
- publish information about enforcement or disciplinary action against certain persons involved in the provision of education and care
- disclose information about individuals subject to suspension, supervision or mandatory training to approved providers and recruitment agencies
- proactively disclose information about suspension directions, supervision directions and mandatory training directions given directly to an individual, to approved providers and recruitment agencies.
The Magistrates Court and the Victorian Civil and Administrative Tribunal will be able to order people convicted of offences or subject to disciplinary action to publicise the offence or non-compliance and its circumstances and consequences.
The Regulatory Authority will also be able to determine and control rating levels for education and care services. This includes suspending a service’s quality rating during an investigation.
Information
Read the law changes in the Early Childhood Legislation Amendment (Child Safety) Act 2025
Contact us
For more information, please contact us at Quality Assessment and Regulation Division (QARD)
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