Between July 2024 and February 2026, the ECEC sector has undergone the most significant overhaul of digital and device regulations ever. What started as a voluntary code for taking photos of children has become a legally binding framework with substantial penalties. If you only read one thing, read this: personal devices are now banned while working directly with children in NSW, and non-compliance is an offence with on-the-spot fines.
How We Got Here — The 12-Month Journey
The penalty framework has been dramatically overhauled. Fines now apply to individuals, not just services.
| Offence | Individual | Service/Provider | Large Provider (25+ centres) |
|---|---|---|---|
| Personal device breach | $3,420 on-the-spot | $17,200 | $51,600 |
| Missing Reg 168 policy (previous) | Was $1,100 for the service only — no individual fine | ||
From 1 December 2025, the new independent regulator — the NSW Early Learning Commission — replaced the ECEC Regulatory Authority within the Department of Education. It has expanded powers, $55 million in new funding, and 60+ additional frontline compliance staff. Most checks are unannounced. They can now suspend individual educators and impose supervision orders.
Complete Regulatory Change Log — Feb 2025 to Feb 2026
Every digital-related law, regulation, and policy change in chronological order. Click "Show detail" to expand any item.
Personal Devices — The Full Picture
While providing education and care and working directly with children, the following personal items must not be in your possession:
Key nuance for NSW: There isn't a blanket "ban" on having a phone at work. The restriction is specifically while providing education and care and working directly with children. Staff may access their personal phones during official breaks, away from children. Phones must be stored securely during contact hours.
Service-issued/authorised devices only for any photography, video, or documentation of children's learning. These must be:
Limited exceptions for personal devices: Authorised essential purposes such as emergencies, health-related needs (e.g. diabetes monitoring), personal support, and family requirements. These must be documented in your policy.
The Education and Care Services (Supply, Authorisation and Use of Devices) Order 2025 (6 November 2025) is legally binding. Non-compliance is an offence. Key obligations:
In South Australia, three ECEC services received Emergency Action Notices in December 2025 for device management failures. They were required to immediately remove iPads from bathroom and change areas, perform factory resets, establish unique iCloud accounts for each device, and provide mandatory in-person staff training on the National Model Code. All staff had to undergo face-to-face training, and evidence had to be submitted to regulators. This is happening now.
Photography, Images & Consent
Released by ACECQA on 1 July 2024 as a voluntary interim measure, the National Model Code for Taking Images in ECEC has been progressively hardened into regulation:
The four pillars of the Model Code:
Your Regulation 168 policy must now address how and when parental authorisation is obtained for images/videos. Consent forms should specify:
• Where they'll be used (learning journals, social media, website)
• How they'll be stored and for how long
• How they'll be destroyed
• Right to withdraw consent
• Separate consent for each use type
Regulation 168 now requires policies on optical surveillance devices. Key rules:
• Children cannot consent — parental consent alone doesn't authorise surveillance in private areas
• Clear policy on who can access footage
• Retention periods documented
• Privacy Act 1988 compliance
• Risk assessment required
A national CCTV assessment is underway in up to 300 services. Best practice guidance expected in 2026.
Your digital safety policy must address the full lifecycle of images and videos:
Documenting children's learning through photos and videos is still a core part of practice (Regulations 74, 177, 178). The reforms don't stop you taking photos — they ensure it's done safely and only on service devices. Storypark, Xplor, or whatever platform you use for family communication should only receive images from service-issued devices, and families should have current consent on file specifying how images are used.
Common Questions From Educators
Straight answers to the things your team is actually asking. Share this with staff.