Date published: 29 July 2026 Reading time: 6 minutes
Ask an educator what governs their work and you may hear the NQS, the EYLF or the Child Safe Standards.
All three matter. But they do different jobs.
Here’s the thing: early childhood education and care in Victoria is not governed by one document. It sits within a layered system of legislation, regulations, quality standards, learning frameworks, child safety duties and service policies.
Understanding those layers matters. It helps educators make better decisions, recognise when a concern must be escalated and explain the reasoning behind their practice.
This guide focuses on services regulated under the National Quality Framework, including most long day care, kindergarten, family day care and outside school hours care services in Victoria.
The short answer
For most Victorian education and care services, the governing legislation is the Education and Care Services National Law, applied in Victoria through the Education and Care Services National Law Act 2010. It is supported by the Education and Care Services National Regulations.
Together, the National Law and National Regulations sit at the centre of the National Quality Framework. The National Quality Standard, approved learning frameworks and assessment and rating process sit within that broader system.
Victorian child safety, reporting and worker screening laws apply alongside it.
That is the clearest short answer. The rest is about understanding what each layer means in practice.
The regulatory framework at a glance
| Layer | What it does | What it means for an educator |
|---|---|---|
| National Law | Establishes core legal duties, approvals, offences and enforcement powers | Children’s safety, rights and best interests must guide decisions. Children must be adequately supervised and protected from harm, inappropriate discipline and inappropriate conduct. |
| National Regulations | Set detailed operational requirements | These cover programs, ratios, qualifications, sleep and rest, health and hygiene, medication, incidents, excursions, collection, records, policies and more. |
| National Quality Standard | Sets the national benchmark for quality across seven quality areas | It guides quality practice and is used to assess and rate services. It is a schedule to the National Regulations, not a separate Act. |
| Approved learning frameworks | Guide curriculum decisions, planning and evaluation | Programs must be based on an approved framework and respond to each child’s needs, interests, experiences and individual differences. |
| Victorian Child Safe Standards | Require organisations to create and maintain a child safe culture | Educators must understand and follow the service’s code of conduct, reporting pathways, complaints processes and child safety controls. |
| Service policies and procedures | Translate legal and regulatory duties into local practice | Educators need to know the current procedure, follow it consistently and speak up when practice or policy does not protect children. |
The National Quality Framework includes the National Law and Regulations, the NQS, assessment and rating, and approved learning frameworks. The NQS is contained in a schedule to the National Regulations.
What this looks like during an ordinary shift
The legal framework is not separate from practice. It is present in routine decisions throughout the day.
Planning the program
When an educator observes a child’s interest, plans an experience, documents learning and evaluates what happened, they are working within Quality Area 1 and an approved learning framework.
The EYLF V2.0 is the national framework for children from birth to five. Victoria also has the Victorian Early Years Learning and Development Framework, which was updated in 2026 and is an approved learning framework in Victoria. Funded kindergarten programs are required to use the VEYLDF.
The framework does not prescribe a weekly list of activities. It guides professional decisions about how the program supports each child’s learning, development and wellbeing.
Supervising children
Ratios matter, but ratios alone do not prove that children are adequately supervised.
Educators need to know where children are, anticipate risks, position themselves deliberately and be able to respond quickly. That applies during indoor and outdoor play, transitions, toileting, meals, sleep and rest.
Supervision plans and risk assessments should shape practice, not sit unread in a folder. ACECQA’s supervision guidancemakes this distinction clear.
Managing sleep, medication and incidents
The National Regulations set detailed requirements for sleep and rest, medical conditions, medication, illness, injuries and serious incidents.
Many of the formal legal duties sit with the approved provider or nominated supervisor. The system still depends on educators carrying out the procedure correctly. That means following medical management plans, completing checks, administering medication only as authorised, responding immediately to an incident and documenting facts accurately.
Releasing a child or leaving the service
Collection, excursions and transport are not informal arrangements. Authorisations, risk assessments, attendance records and identity checks matter.
If something changes at the last minute, convenience does not override the child’s safety or the service’s legal obligations.
Taking and sharing images
This area changed significantly in 2026.
From 27 February 2026, a person working directly with children in a centre-based service generally cannot use or have a personal image-capable or storage device in their possession. This includes phones, smart watches, cameras and some storage devices. Limited provider-authorised exceptions exist for essential purposes, but a personal device must not be used to capture, store or transmit images of children.
In centre-based services, children’s images must be managed through service-supplied devices and the service’s authorised systems. Family day care has separate provisions for service-supplied or service-authorised devices used only for education and care. The current requirements are explained in ACECQA’s safe use of devices guidance.
Responding to a child safety concern
An educator does not need to prove that abuse has occurred before raising or reporting a concern. They need to recognise the concern, respond calmly, record what was observed or disclosed, follow the service’s reporting process and satisfy any personal legal reporting duty that applies.
This is where it is important to know the difference between internal escalation and an external legal report. Telling a manager may be necessary, but it does not automatically replace a mandatory reporter’s own legal obligation.
Where the Victorian Child Safe Standards fit
All Victorian early childhood services must comply with the 11 Child Safe Standards. They cover areas including Aboriginal cultural safety, children’s participation, family involvement, equity, suitable workers, child-focused complaints, staff capability, safe physical and online environments, continuous review and documented policies.
The standards are legal organisational duties under the Child Wellbeing and Safety Act 2005. In early childhood services, compliance is regulated by the Victorian Early Childhood Regulatory Authority.
The NQS and Child Safe Standards overlap, but they are not interchangeable. The NQS is a national quality benchmark. The Child Safe Standards require a whole-of-organisation system and culture that prevents harm, supports children to speak up and responds properly when concerns arise.
Mandatory reporting and reportable conduct are different
These terms are often grouped together, but the duties sit with different people.
Mandatory reporting
In Victoria, the statutory class of mandatory reporters includes early childhood teachers and qualified early childhood workers. A mandatory reporter who forms a belief on reasonable grounds that a child needs protection from significant harm caused by physical injury or sexual abuse, and that the parents have not protected or are unlikely to protect the child, must report to Child Protection as soon as practicable.
The duty can continue even if another person tells the educator not to report. If another mandatory reporter makes the report, the educator must be satisfied it was made and that all grounds for their own belief were included. The Victorian Child Protection Manual explains the threshold and process.
Every adult also needs to understand Victoria’s failure to disclose offence. A person who forms a reasonable belief that an adult has committed a sexual offence against a child under 16 must report it to Victoria Police unless a reasonable excuse or exemption applies. People in positions of authority may also have duties under the failure to protect offence. The Victorian Government provides a current summary of these child safety obligations.
Reportable Conduct Scheme
The Reportable Conduct Scheme covers allegations of child abuse and certain child-related misconduct by workers and volunteers.
The formal duty to notify the Social Services Regulator sits with the head of the organisation. The head must notify the regulator within three business days of becoming aware of a reportable allegation and provide further information within 30 calendar days.
An educator’s role is to raise concerns promptly through the service’s reporting pathway and still make any separate report to Child Protection or Victoria Police required by law. The scheme does not replace those other duties. Current guidance is available from the Social Services Regulator.
Important changes educators should know in 2026
Several major reforms are now in force:
Children’s safety, rights and best interests are the paramount consideration. Since 27 February 2026, this has been a statutory duty for everyone involved in operating and delivering an education and care service, including educators, staff, volunteers and students.
Inappropriate conduct is a specific offence. Staff and volunteers must not subject a child to conduct that a reasonable person would consider inappropriate in an education and care service. This can include harmful or humiliating language, invasive physical contact, inappropriate filming or online contact, and inappropriate conduct between adults in the presence of children. ACECQA has published practical guidance on the new offence.
Personal device and image controls are stricter. Personal phones, smart watches and other covered devices generally cannot be carried while working directly with children in a centre-based service. Children’s images must be handled through authorised service systems.
Child safety and child protection training are mandatory. Relevant existing workers generally need to complete the national Child Safety Foundation training by 27 August 2026. In Victoria, staff and volunteers working directly with children must also complete the EC PROTECT module by that date and refresh it annually. ACECQA’s training requirements page explains who must complete each form of training and when.
No current clearance means no start. A current Working with Children Check or VIT registration must be verified before a person starts work. A pending WWCC application is not enough. Services must also maintain worker information through the National Early Childhood Worker Register. See VECRA’s working with children requirements.
The 2026 reforms also strengthened the child safety wording in NQS Quality Areas 2 and 7.
What other laws may be relevant?
The National Law is the starting point, not the entire legal environment.
Depending on the service and the educator’s role, other laws may govern:
workplace health and safety
food safety and allergy management
privacy, health information and recordkeeping
information sharing for child wellbeing, safety and family violence risk
discrimination, disability and equal opportunity
employment conditions, including awards and enterprise agreements
teacher registration and worker screening.
Not every law applies to every service in exactly the same way. Service type, funding, governance and the information being handled can change the answer.
There is also a separate Victorian regulatory scheme for some occasional care and limited-hours services. These services may be governed by the Children’s Services Act 1996 and Children’s Services Regulations 2020, rather than the NQF scheme. VECRA explains the two regulatory schemes.
A practical compliance check for educators
An educator should be able to answer yes to these questions:
Are my WWCC or VIT registration, qualifications and required training current?
Do I understand the service’s child safety code of conduct and reporting pathway?
Do I know when a concern requires a report to Child Protection or Victoria Police?
Am I actively supervising, rather than relying on ratios or room routines?
Can I follow the service’s procedures for sleep, medication, incidents, excursions and authorised collection?
Am I using an approved learning framework to plan, document and evaluate the program?
Do I understand the personal device and children’s image rules?
Do I record facts accurately and protect confidential information?
Would I speak up if a policy, instruction or workplace habit placed a child at risk?
The goal is not to memorise every section number. It is to understand the duties that affect your role, follow current procedures and know when you need to stop, check or escalate.
The real test
Compliance is not the ability to recite seven quality areas in an interview.
It is the ability to connect the framework to practice. Can you explain why you chose that position in the yard? What made those words appropriate for the incident record? Would you release a child without the correct authorisation? If another person dismissed a concerning comment, would you understand why it may still need to be escalated?
A strong educator can answer those questions clearly. They understand not only what they do, but why it matters.
This article provides general information for Victorian early childhood professionals. It is not legal advice and does not replace current legislation, regulatory guidance or your service’s policies. Requirements can change. Last reviewed 29 July 2026.
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Frequently Asked Questions (FAQ)
Here is a snapshot of the most common questions we’re asked. If you do not see your question here, feel free to reach out—our team is always happy to help.
Is the NQS the governing law?
Not by itself. The NQS is the national quality benchmark and is contained in a schedule to the National Regulations. The central governing legislation is the National Law, supported by the National Regulations.
Is the EYLF a law?
The EYLF is an approved learning framework, not a separate Act. However, the National Law and Regulations require the educational program to be based on an approved learning framework. That gives the framework a formal place in the regulatory system.
Who regulates early childhood services in Victoria?
VECRA is Victoria’s independent early childhood regulator. It regulates NQF compliance, assesses and rates services, and regulates the Victorian Child Safe Standards for early childhood services. The Social Services Regulator administers the Reportable Conduct Scheme and Working with Children Check scheme. ACECQA supports the national system and awards the Excellent rating.
Do educators need to memorise the legislation?
No. They do need to understand the legal and professional duties relevant to their work, know the service’s policies and be able to explain how those duties shape their decisions.
Does meeting educator-to-child ratios mean supervision is adequate?
No. Ratios establish the minimum number of educators required, but adequate supervision is a separate legal requirement. Services must also consider children’s ages and needs, activities, environmental risks, educator positioning and whether someone can respond immediately. At times, staffing above the minimum ratio may be necessary.
Can an educator carry a personal phone or smart watch while working with children?
Generally not in a centre-based service. From 27 February 2026, people working directly with children generally cannot possess personal devices capable of capturing, storing or transmitting images. This includes phones, smart watches, cameras and tablets. Limited provider-authorised exceptions exist for essential purposes.
Can someone start work while their Working with Children Check is pending?
No. A person must hold a valid Working with Children Check or Victorian Institute of Teaching registration before starting work with children. An application that is pending or still being processed is not sufficient. The service must verify the person’s status before they begin.
What child protection training must Victorian educators complete?
Victorian staff and volunteers who work directly with children must complete the EC PROTECT module annually. Existing relevant workers must complete it by 27 August 2026. People entering these roles after 13 August 2026 must complete it within 14 days of commencing or before working with children, whichever comes first. Different requirements apply to people who do not work directly with children.
Does telling a manager satisfy an educator’s mandatory reporting duty?
Not automatically. Internal escalation may be required, but it does not replace a mandatory reporter’s personal legal obligation. If another mandatory reporter makes the report, the educator must be satisfied that it was made and included all the grounds supporting their own belief. A direction from another person not to report does not remove the duty.
Further reading and official resources
For the most current requirements, begin with the legislation and regulator guidance. Service policies should reflect these sources but cannot replace them.
Core legislation and national guidance
- Education and Care Services National Law Act 2010
The current authorised Victorian version of the National Law. Education and Care Services National Regulations
Detailed operational requirements covering staffing, supervision, health, safety, programs, records, authorisations and service policies.Guide to the National Quality Framework
ACECQA’s searchable guide to applying the National Law, Regulations and National Quality Standard. Guidance is useful, but the legislation takes precedence.
Victorian regulation and child safety
VECRA compliance requirements for early childhood services
Current Victorian guidance covering staffing, service operation, child safety, recordkeeping, incidents and assessment and rating.How VECRA regulates the Child Safe Standards
Explains VECRA’s role in monitoring and enforcing the 11 Victorian Child Safe Standards within early childhood services.PROTECT for early childhood
Victorian guidance and training resources for identifying, responding to and reporting concerns about child abuse.Mandatory reporting guidance
The Victorian Child Protection Manual’s explanation of who must report, the legal threshold and what happens when multiple mandatory reporters hold the same belief.Reportable Conduct Scheme
Information about organisational reporting and investigation obligations for allegations involving workers and volunteers.ACECQA child safety tools
Practical material on the 2025 and 2026 child safety reforms, recruitment, organisational culture and safer practice.
Selected research
These sources provide useful context about quality, regulation and professional practice. They do not replace legislation or regulatory guidance.
Ha, N.T.N., Tham, M. and Hurley, P. (2025) ‘Process quality in early childhood education and care in Australia: A systematic literature review’, Early Childhood Education Journal, 53, pp. 2193–2206. https://doi.org/10.1007/s10643-024-01735-4.
Harrison, L.J., Waniganayake, M., Brown, J. et al. (2024) ‘Structures and systems influencing quality improvement in Australian early childhood education and care centres’, The Australian Educational Researcher, 51, pp. 297–319. https://doi.org/10.1007/s13384-022-00602-8.
Phillips, A. and Fenech, M. (2023) ‘Educators’ perceptions of Australia’s early childhood education and care quality assurance rating system’, European Early Childhood Education Research Journal, 31(6), pp. 988–1000. https://doi.org/10.1080/1350293X.2023.2211758.
Staton, S., Houen, S., Rankin, P. et al. (2025) ‘Improving Australia’s quality rating and improvement systems for early childhood education and care’, The Australian Educational Researcher, 52, pp. 4243–4268. https://doi.org/10.1007/s13384-025-00896-4.
Thorpe, K., Westwood, E., Jansen, E., Menner, R., Houen, S. and Staton, S. (2021) ‘Working towards the Australian National Quality Standard for ECEC: What do we know? Where should we go?’, The Australian Educational Researcher, 48, pp. 227–247. https://doi.org/10.1007/s13384-020-00387-8.