Child Safety Update

FDCA is acutely aware that there are specific concerns and some anxiety amongst members regarding the current public discourse surrounding child safety and the corresponding actions or responses of regulators and policy decision makers. More specifically, concerns are related to what this means for family day care and how is family day care being represented.

This is a complex and dynamic space across both the media sphere (in terms of what is being reported), the regulatory space (in terms of current and potential responses to specific child safety risks identified through formal inquiries or reviews, breach/incident trends and/or recent child abuse cases) and the broader policy reform landscape.

Below, we aim to provide a high-level snapshot of what is happening across the child safety reform realm, how FDCA is representing you and liaising with regulators and policy decision makers at both a national and state and territory level, and how you can engage with FDCA on any specific concerns.

National Regulatory Reform under the NQF and FAL

Across 2024–25, Education Ministers endorsed a suite of reforms aimed at strengthening child safety under the National Quality Framework (NQF) and, at the Commonwealth level specifically, a number of Family Assistance Law (FAL) amendments are in the process of being drafted. Key changes include:

From 1 September 2025

• Reducing mandatory reporting timeframes for incidents or allegations of physical or sexual abuse from 7 days to 24 hours.
• Requiring services to have policies and procedures for the safe use of digital technologies and online environments.
• Prohibiting the use of vaping devices and substances in early childhood settings.

From 1 January 2026

• Refining elements of NQS Quality Areas 2 and 7.

More information on the NQF amendments can be found on the ACECQA website here.

NOTE: Further changes, and the timing for those changes, were initially scheduled to be considered by governments following the national Child Safety Review public consultation process which ended on 11 June 2025 (see below for more detail). However, as a result of jurisdiction-specific incidents, public inquiries and/or reviews, we can expect that several changes being considered under the national Child Safety Review, and potentially others that were not considered, will be expedited in some jurisdictions.  

Family Assistance Law Amendments

• Enhancing the transparency and accessibility of regulatory compliance information for families.
• Strengthening market entry controls, including more rigorous “fitness and propriety” assessments for providers.
• Increasing information sharing and joint compliance monitoring between regulatory bodies.
• Expanding powers to respond to providers that pose integrity risks and introducing mechanisms to prevent CCS payments to services that do not meet quality or safety standards.

 More information on the FAL reform is available in the Ministers’ media release here.

NOTE: Legislation enabling these measures under FAL is currently being drafted and is yet to be passed.

National Child Safety Review

As mentioned above, in response to National Child Safety Review Consultation Regulation Impact Statement (CRIS), in mid-June 2025 FDCA lodged a comprehensive submission on behalf of the family day care sector nationally based on extensive sector consultation.

Overall, feedback from both services and educators, and therefore FDCA’s submission, supported meaningful child safety reforms that are achievable, proportionate, appropriately considered for the family day care context and effective, but which do not negatively impact on operations, increase administrative burden affect viability or represent unreasonable regulatory overreach. Broadly, this included:

• Broad commitment to child safety, particularly around improving training, WWCC processes, and information sharing.
• Concerns about operational feasibility, especially regarding proposals for regulatory control over prohibition of personal digital device use, expanded inspection powers, and whole-property assessments.
• Strong preference for professional standards, support measures, and enforceable policies over prescriptive, one-size-fits-all regulatory interventions.

NOTE: The Child Safety Review Decision Regulation Impact Statement (DRIS) will be the primary national instrument by which regulations are made relating to all key areas of the Child Safety Review. However, as stated above, some jurisdictions are seeking to expedite regulatory responses. In relation to key areas of concern for family day care specifically, such as personal device use in family day care, no decisions have been made at this time

State and Territory Child Safety Reform

Several states and territories, beyond the reform initiatives outlined above, are undertaking a range of jurisdiction-specific initiatives and reforms designed to further bolster child safety in ECEC settings. This includes, but is not limited to the following:

• The Victorian Rapid Child Safety Review and the related Statement from the Premier.
• The NSW Government response to the Independent review into the NSW Early Childhood Education and Care Regulatory Authority (“Wheeler Review”).
• The Queensland Government Early Implementation of the Reportable Conduct Scheme (ECEC sector to be included from 1 July 2026, brought forward from 2027) and the expanded Blue Card system.
• The SA Government’s responses to the Royal Commission into Early Childhood Education and Care.
• The WA Government’s updated mandatory reporting requirements for ECEC.
• The Tasmanian Government’s “Change for Children” 10-year strategy for upholding the rights of children by preventing, identifying and responding to child sexual abuse.

Representing You

Across the life of the child safety reform agenda, FDCA regularly engages with the Australian Government Department of Education, the Minister for Early Childhood Education, ACECQA and state and territory governments across the development of the above regulatory responses and continues to do so as a representative of the national Early Childhood Education and Care Reference Group, the Child Safety Working Group, the ACECQA Stakeholder Reference Group, the NSW Early Childhood Advisory Group, the Victorian ECE Stakeholder Reference Committee and through direct engagement with the Australian Government and QLD Departments of Education as co-chairs of the working group overseeing the implementation of the recommendations from the Child Safety Review and the development of the DRIS. FDCA also liaises with other jurisdictions’ relevant authorities on child safety matters on an issue-specific basis as needed.

For more specific information on FDCA’s sector-informed response to the specific regulatory amendment measures being considered through the Child Safety Review Consultation Regulation Impact Statement (CRIS), see here for FDCA’s submission.

Public Discourse

FDCA is highly attuned to the intense public scrutiny surrounding the deeply distressing recent incidents of abuse in long day care services, and to the anxiety and uncertainty that exists around the widespread calls for action to ensure the safety of children. We want our members to know that FDCA has made a considered decision to remain largely disengaged from the public discourse at this time. The current conversation is centred on a different care model, and unnecessarily shoehorning our sector into it risks conflating distinct service types and inviting misrepresentation of family day care, especially given the limited understanding of the nuances of our sector, in the media and across the general public.  

Our role as a peak body is not simply to comment for comment’s sake, but to lead with integrity, evidence, and strategy. Entering a reactive and emotionally charged media cycle would undermine our ability to influence change thoughtfully and on our own terms. FDCA's non-engagement in the public discourse should not be misunderstood as inaction. We continue to engage rigorously with members, government stakeholders, and regulatory bodies to strengthen child safety, contribute to evidence-based reform, and support continuous quality improvement within family day care. We remain fully committed to safeguarding children and upholding the professionalism of our sector, through measured, strategic leadership rather than reactive public commentary.

Share your concerns

FDCA will continue to engage with and keep our members updated through our regular channels on all matters relevant to child safety reform that directly affects our sector. If you have any additional points of concern or positions that you feel should be brought to our attention, we would encourage you to connect with us directly at enquiries@fdca.com.au or on 1800 658 699.