NSW Government Marks One Year of Stricter Child Safety Laws in Early Learning Sector

The New South Wales Government has marked the one-year milestone since passing legislative reforms aimed at strengthening child safety and regulatory oversight across the state's early learning sector.

The legislation, which passed parliament in October 2025 following an independent review commissioned by Deputy Premier Prue Car, introduced stricter penalties for childcare providers, expanded powers to suspend educators and services, and placed restrictions on personal mobile devices in facilities. The reforms also led to the establishment of the independent NSW Early Learning Commission, which commenced operations in December 2025 to enforce the regulations.

According to the NSW Government, the Commission has undertaken significant enforcement activities since its inception, including:

• Suspending 53 educators, staff members, or volunteers deemed a risk to child safety.
• Cancelling eight early learning services and suspending an additional 10.
• Conducting 8,776 regulatory visits, with 71 percent being unannounced.
• Taking 876 compliance actions against providers, services, and educators—representing a 108 percent increase compared to the same period in 2025.
• Issuing $324,290 in total fines for regulatory breaches.

Recent financial penalties highlighted by the government include a $17,220 fine issued to Western Future Group Pty Ltd in August regarding staff qualification issues. Guardian Community Early Learning Centres Pty Ltd received a $20,610 fine on September 3 for failing to notify the Commission of alleged inappropriate conduct involving an educator at The Rumpus Room Warabrook. Guardian was also previously issued $45,180 in combined fines in June for failure to report complaints and notify parents about an alleged incident. Additionally, Affinity Education Group Pty Ltd received $67,770 in combined fines for not notifying the Commission of serious incidents and failing to inform parents about an alleged incident.

Under the framework, services are subject to a paramount duty to prioritize children's safety and best interests, mandatory child-safe recruitment rules, and a ban on personal devices capable of capturing images or video while staff work directly with children. Facilities must also display a short-form compliance and quality history for parents.

The state government reported that applications for early learning service approvals grew by 26 percent in the most recent quarter compared to the prior year, indicating that sector capacity has not decreased. The ongoing enforcement and oversight measures are supported by a $55 million investment over four years to expand frontline regulatory staffing, increase inspections, and fund CCTV installations.

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