Educator Rights in Early Childhood Education When Children Are Violent

Early childhood educators are entrusted with the profound responsibility of nurturing and protecting young children. Yet, many educators face daily challenges when children exhibit violent behaviours like biting, hitting, scratching, or verbal aggression. While child protection is paramount, the rights and well-being of educators must also be safeguarded.

Legal Framework and Educator Rights

Educators in Australia are protected under Work Health and Safety (WHS) legislation and the Children’s Services Award. These frameworks establish clear rights:

Right to a Safe Workplace: Employers must ensure educators are not exposed to physical or psychological harm.
Protection from Violence and Aggression: Services are required to implement policies and strategies to manage violent behaviours, whether from children, parents, or community members.
Psychological Safety: Repeated exposure to aggression can cause stress and burnout, recognised as workplace hazards under WHS law.
Fair Conditions: Educators are entitled to capped hours, overtime compensation, and protection against unpaid duties.
Support and Training: Employers must provide professional development to equip staff with safe behaviour management strategies.

The Reality in Centres

Despite these protections, many educators report:

Leaving work with bruises, bite marks, or scratches.
Being sworn at or verbally abused by children.
Feeling unsafe while trying to protect other children in their care.
Experiencing stress and burnout due to lack of effective support.

These experiences highlight a gap between policy and practice.

What Educators Can Do

Document Incidents: Keep detailed records of violent episodes and injuries.
Report Concerns: Submit written reports to Directors or Approved Providers.
Escalate Issues: Contact SafeWork in your state or the Fair Work Ombudsman if obligations are not met.
Seek Collective Support: Unions such as the United Workers Union can provide advocacy and representation.
Prioritise Wellbeing: Access employee assistance programs or professional counselling if stress becomes overwhelming.

What Behavioural Support Is Available to Services

Behavioural support is available to early childhood services in Australia, though the type and level of support can vary depending on your state/territory and the service’s own policies.

Types of Behavioural Support Available

Inclusion Support Program (ISP):
Funded by the Australian Government, this program helps services include children with additional needs. It provides access to Inclusion Professionals who can advise on strategies for managing challenging behaviours and may help services apply for extra resources or funding.
State/Territory Early Intervention Services:
Many states offer specialist services (e.g., Child Development Services, Early Childhood Intervention) that can provide behavioural assessments and strategies.
Allied Health Support:
Services can refer families to psychologists, occupational therapists, or speech pathologists who specialise in behaviour management. Sometimes, these professionals can visit the centre to model strategies.
Professional Development & Training:
Approved Providers are expected to provide staff training in behaviour guidance, trauma-informed practice, and de-escalation techniques.
Regulatory Guidance:
ACECQA and state regulatory authorities require services to have behaviour guidance policies. These policies must prioritise both child wellbeing and educator safety.

Your Rights in Accessing Support

Services have a duty of care under Work Health and Safety law to protect educators from harm. If violent behaviour is ongoing, leadership must seek external support.
Educators can request that management engage Inclusion Professionals or behavioural specialists.
If management fails to act, educators can escalate concerns to the regulatory authority in their state or to SafeWork for workplace safety breaches.

Practical Next Steps

Ask your Director/Approved Provider if your service has accessed the Inclusion Support Program.
Document incidents and formally request behavioural support in writing.
Encourage leadership to liaise with families and allied health professionals for consistent strategies.
If you feel unsafe, escalate to your state’s Regulatory Authority (e.g., Department of Education, Early Childhood Directorate).

Behavioural Support Pathways by State/Territory

Queensland

Early Childhood Guidance Program Pilot – Free program supporting all regulated services with positive behaviour guidance and protective behaviours Early Childhood Education and Care.
Autism Queensland Positive Behaviour Guidance (PBG) – Government-funded consultancy service helping educators build confidence in behaviour strategies Autism Queensland.
Specialist Behaviour Support Providers – Organisations like Kameleon Group offer NDIS-registered behavioural support and professional development kameleongroup.com.au.

New South Wales

EarlyEd Behaviour Support Specialists – Provide positive behaviour support as part of early childhood intervention EarlyEd.
Aruma Behaviour Support – Offers assessments and strategies for children with unsafe or challenging behaviours Aruma.
Eureka Learning Centre – NDIS provider offering therapy and behaviour support for children up to 9 years old eurekalearningcentre.com.

Victoria

Victorian Government Guidance – Clear requirements under the National Quality Framework and Children’s Services Act; corporal punishment is prohibited, and services must use positive guidance Victorian Government.
Child & Family Psychological Services – Specialist psychologists offering tailored behavioural interventions for young children victoriachildpsychology.com.
EarlyEd (also operating in VIC) – Provides team-based positive behaviour support EarlyEd.

Western Australia

WA Behaviour Support Specialists (WABSS) – NDIS-registered provider specialising in positive behaviour support for early childhood wabss.com.au.
Behaviour Tonics – Offers training for educators in evidence-based programs like 1-2-3 Magic and Emotion Coaching in the Classroom behaviourtonics.com.au.
Kameleon Group – Telehealth and in-person behavioural support services kameleongroup.com.au.

South Australia

Kudos Services – Provides early intervention, therapy, and positive behaviour support for children Kudos Services.
Southern Early Childhood and Family Services (SA Health) – Multidisciplinary teams (speech, OT, psychology) supporting children with developmental delays and behavioural concerns sahealth.sa.gov.au.
Healthy Mind Australia – Behaviour support practitioners who create tailored plans for children healthymindaustralia.com.

Educators and services do not have to manage violent behaviours alone. Every state offers access to behavioural specialists, inclusion programs, and government-funded initiatives. Services can formally request support through the Inclusion Support Program, state health networks, or NDIS providers.

Educators are the backbone of early childhood education. When children display violent behaviours, educators must not be left vulnerable. Legal frameworks already recognise their right to safety—what is needed now is stronger enforcement, systemic reform, and collective advocacy. Protecting educators ensures they can continue to provide the nurturing, high-quality care every child deserves.