From today, February 27, 2026, significant amendments to the Education and Care Services National Law and National Regulations are now being enforced, introducing new digital device safety standards across early childhood education and care services. By formally including these standards in regulations such as Regulation 168 (Policies and Procedures), Regulations 97 & 99 (Children’s Safety), and Regulation 73 (Educational Program), the changes make digital safety a legal requirement, reinforcing the sector’s role as a champion of child safety in a technology-driven world.
These reforms embed modern child protection measures directly into the national regulations, requiring services to update policies, strengthen risk management, and train staff to ensure digital devices are used safely and responsibly.
New Digital Device Safety Standards
- Services must have clear policies on how digital devices are introduced and used in early childhood environments.
- Risk assessments must address device-related risks (e.g., exposure to unsuitable content, overuse, unsafe handling).
- Policies and procedures must be updated to include digital device safety.
- Educators must receive training in safe device practices.
Regulators gain stronger authority to monitor and enforce compliance.
Specific Amendments
- Education and Care Services National Law: Updated to recognise digital device use as a regulated area of child safety.
- National Regulations: New clauses now explicitly cover:
- Limits on personal digital devices in education and care services.
- Restrictions on capturing, storing, and transmitting images of children.
- Mandatory risk assessments for device use.
- Policy and procedure requirements for services to document safe device practices.
- Staff training obligations to ensure educators understand and apply safe device use.
- Compliance monitoring powers for regulators to enforce these standards.
Why This Matters
Because the standards are now embedded in the National Regulations, they are legally binding. Services must update their compliance documentation, train staff, and prepare for assessment visits where regulators will check adherence.
Placement in Regulations:
The Digital Device Safety Standards have indeed been written into the Education and Care Services National Regulations as part of the February 27, 2026, amendments.
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Part 4.5 – Policies and Procedures
- Regulation 168 has been amended to require services to include digital device safety in their mandatory policies.
- This means services must document how devices are introduced, supervised, and managed to protect children’s well-being.
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Part 4.2 – Children’s Health and Safety
- Regulation 97 (Emergency and Evacuation Procedures) now requires risk assessments to consider digital device use (e.g., safe storage, preventing misuse).
- Regulation 99 (Children’s Safety) has been expanded to cover risks associated with digital devices, including exposure to inappropriate content or unsafe handling.
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Part 4.3 – Educational Program and Practice
- Regulation 73 (Educational Program) now references digital devices, requiring services to ensure their use supports learning outcomes and is age-appropriate.
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Part 4.4 – Staffing Arrangements
- Regulation 84 (Awareness of Child Protection Law) has been updated to include obligations around digital images and recordings of children.
- Staff training requirements now explicitly cover safe device practices.
- Services must update their compliance documentation to reflect these new clauses.
- Educators must be trained in safe device use, supervision, and risk management.
- Regulators will check these areas during assessment and rating visits, making them enforceable under the National Quality Framework (NQF).
As these amendments take effect, early childhood education and care services must ensure their policies, practices, and staff training are fully aligned with the new Digital Device Safety Standards. By embedding these requirements into the National Regulations, compliance is now a legal obligation rather than a guideline, reinforcing the sector’s commitment to safeguarding children in a digital age. Preparing ahead of time will not only support smooth transitions during assessment and rating visits but also strengthen trust with families and communities. Ultimately, these reforms highlight the sector’s role as champions of child safety, ensuring that technology is used responsibly to protect and enrich children’s learning experiences.
Further Reading
Safe Use of Digital Technologies & CCTV Policy Example
Multimodal Representations In Early Childhood
Mobile Phone & Smartwatch Policy Example
Q: Are We Allowed To Use Our Mobile Phones During Breaks?
References:
Safe use of devices in education and care services
Education and Care Services National Law Act 2010
