Compliance Bulletin

Restrictions on the use of personal devices in centre-based services 

August 2025

To further strengthen the Cook Government's commitment to child safety in early childhood education and care services, Minister Winton announced last week that Western Australia will bring forward restrictions on the use of personal devices in centre-based services.

From 1 September 2025, changes to Regulation 168 of the Education and Care Services National Regulations 2012 (the National Regulations) will take effect. A copy of the Education and Care Service National Amendment Regulations 2025 will be published on 1 September 2025 at the Western Australian Legislation website.

Changes to Regulation 168 require providers to include procedures for the safe use of digital technologies and online environments in their ‘providing a safe environment policy' (R.168(h)) This must include:

• the taking, use, storage and destruction of images and videos of children
• obtaining authorisation from parents to take, use and store images and videos of children
• the use of any optical surveillance device (e.g. CCTV)
• the use of any digital device issued by the service
• the use of digital devices by children.

In addition to the above, the Regulatory Authority expects approved providers of centre-based services to ensure their service policies and procedures align with the National Model Code for Taking Images or Videos of Children while Providing Early Childhood Education and Care (National Model Code), released in July 2024 by Australian Children's Education and Care Quality Authority (ACECQA). This additional requirement covers the use of personal electronic devices that can take images or videos, and personal storage and file transfer media, to ensure they are not in the possession of any person while providing education and care and working with children, except for limited essential purposes.

Approved providers are required to comply with the conditions of service approval under the Education and Care Services National Law (WA) Act 2012 (the National Law) under which a service approval is granted subject to the service being operated in a way that ensures the safety, health and wellbeing of the children being educated and cared for by the service (section 51(1)(a) of the National Law).

All approved providers must implement the additional requirements covering the restricted use of personal devices by Friday 26 September 2025. The Regulatory Authority will monitor compliance as part of their ongoing compliance monitoring visits and investigations and may request a copy of a services policy at any time. The Long Day Care and Outside School Hours Care Compliance Monitoring Checklists, available on the ECRU website will be updated to include requirements under Regulation 168(ha).

Approved providers that fail to put appropriate mechanisms in place to establish child safe practices for the use of electronic devices in education and care services, resulting in children being at increased risk of harm, may be failing to comply with the conditions of service approval. The Regulatory Authority will take action against approved providers found to be non-compliant with their regulatory obligations.

Approved providers are reminded to take action to ensure that all educators, staff, families, students and volunteers are aware of the updated policy requirements to facilitate the effective implementation of procedures. Providers should also ensure that they have robust auditing practices in place to monitor the policy being followed in accordance with Regulation 170.

Frequently Asked Questions

What personal devices are restricted?

The restricted devices under the National Model Code are:

• personal devices that can take images or videos and
• personal storage and file transfer media.

For example:

• phones
• tablets
• digital cameras
• smart watches with camera/recording functionality
• wearables, such as camera glasses
• SD cards
• USB drive
• hard drives

Who do the restrictions apply to?

These restrictions apply to any person who is providing education and care and working directly with children.

What about third party professionals attending the service, such as allied health professionals and inclusion professionals?

The service policy and procedures should cover the use of devices by third party professionals for purposes to undertake an assessment, where consent has been provided by the parent. This should include the use of a device that is:

• issued by their business or institution; and
• used only for work purposes (and not personal use).

What happens with students?

Services may consider facilitating the use of a service-issued device for students attending the service as part of a practicum placement.

Do the restrictions apply to parents?

The restrictions do not apply to people who are not providing education and care and not working directly with children.

Broader child safe policies and procedures and supervision requirements would apply.

What are the exceptions to the restrictions?

The National Model Code lists the following essential purposes for which the use or possession of a personal devices may be authorised where access does not impede the active supervision of children:

•    communication in an emergency situation to ensure safety
    - involving a lost child, injury to child or staff member, or other serious incident    
    - in the case of a lockdown or evacuation of the service premises

•    personal health requirements
    - for example, heart or blood sugar level monitoring

•    disability
    - for example, where a personal electronic device is an essential means of communication for an educator or other staff member

•    family necessity
    - for example, an early childhood staff member with an ill family member

•    technology failure
    - for example, when a temporary outage of service-issued electronic devices has occurred

•    during a local emergency event to receive emergency notifications. This could include government warning systems such as a bushfire evacuation text notification.

Who can authorise an exception to the restrictions, and do I need to keep records?

All authorisations must be documented by the approved provider:
•    Authorisations must be made in writing in advance where possible.
•    Approved providers must create and maintain suitable logs or registers for recording:
    - authorisations made in writing in advance, and
    - retrospectively, authorisations made through another means where written authorisation is not possible (for example, in an emergency situation).
•    The logs or registers should be stored securely. All documentation should be available at the service for authorised officers to inspect.

When can staff use personal devices?

Personal devices can be accessible when educators and staff are not providing education and care or working directly with children.

Examples could include:

• while taking a scheduled break from work, such as a lunch or tea break
• during planning time
• during administrative activities