There is much discussion and debate about the current state of education and care services in Australia.

We must remember that overwhelmingly, approved providers, early childhood teachers, educators and other staff that work in education and care services are committed and dedicated to the health, safety and wellbeing of children, and to providing them with high quality education and care.

We must also remember that there have been many inquiries, Royal Commissions and investigations into previous failures, and many findings and recommendations about how we can improve the health, safety and wellbeing of children in our care.

It is time to act on these failures and learnings, and to improve the systems that we have in place. Here are our initial thoughts about what needs to be done…

1. Qualifications

First and foremost, we need to ensure that educators are adequately trained before they engage in any employment in education and care services in Australia. [1]

This means that for those educators obtaining qualifications in Australia, they need to receive education that is contemporary and provides all of the necessary knowledge and skills to work in an education and care setting.[2]

These courses should also include education about the ‘minimum requirements’ for working as an educator competently and safely. These minimum requirements should include the following:

• the National Quality Framework
• the Child Safe Standards
• the Reportable Conduct Scheme (if it exists in the relevant jurisdiction)
• children’s rights
• trauma informed practices
• privacy and information sharing
• identifying and managing risks of harm to children
• identifying, reporting and responding to allegations of child abuse or neglect
• preventing, identifying, reporting and responding to child sexual abuse
• identifying grooming behaviour towards children and adults around them
• understanding the difference between developmentally expected sexual behaviour and concerning or harmful behaviour by children or between children
• responding to harmful sexual behaviour between children
• effective supervision
• safe sleeping practices
• hygiene practices
• management of health conditions such as anaphylaxis, asthma and diabetes
• safe administration of medication
• first aid
• appropriate physical interaction with children
• behaviour management strategies
• mandatory reporting and other reporting obligations.^[3]

These courses should also include the satisfactory completion of supervised professional experience at education and care services for at least 150 hours (the equivalent of nearly 4 weeks full time). This experience must include working with children of all ages i.e. children under three years old, children over three years of age and under school age, and children of school age.  This proposed supervised professional experience is double what is currently required.

These placements should only be permitted in education and care services that are assessed as exceeding the National Quality Standards.[4]

If we are to uphold and enforce these standards, we need to reverse the current trend of accrediting graduate diplomas or other courses that reduce four year undergraduate programs and two year postgraduate programs to under 12 months.[5]

We also need to do more to stamp out low quality and fake qualifications. Recently, the Australian Skills Quality Authority (ASQA) revoked thousands of qualifications in childcare that were fraudulently issued but conceded that this action was part of an ongoing regulatory program.[6]

It also means that there needs to be more rigorous oversight for educators who have obtained their qualifications overseas. At the very least, this should include more rigorous assessments of overseas qualifications and professional experience to ensure that the course content, the assessments and the professional experience are equivalent to what is being delivered in Australia.

It should also include requiring all overseas educators to complete some training about the different standards and obligations that exist in Australia. This compulsory training should cover the same minimum requirements mentioned above.

2. Ongoing professional development

All educators and early childhood teachers should be required to engage in regular professional development to broaden and deepen their knowledge, keep up with contemporary practices, and respond to emerging risks and changing needs.[7] This professional development must be aligned to the ‘minimum requirements.’

This could be similar to what is required for registered teachers in Australia i.e. all registered teachers need to complete at least 20 hours of professional development each year or 100 hours accumulated over the last 5 years.[8]

3. National working with children and vulnerable people clearance scheme

We also need to establish a national Working with Children clearance scheme. [9]

The Royal Commission into Institutional Responses to Child Sexual Abuse recommended a national model for working with children checks in 2015.[10]

This recommendation is yet to be implemented.

Given the significant time that has elapsed since this recommendation, the Commonwealth, state and territory governments should design, develop and implement a national working with children scheme as a matter of urgency.

Consideration should also be given to expanding the national scheme to addressing the suitability of a person to work with other vulnerable people i.e. Working with Children and Vulnerable People Scheme.

This scheme should include mandatory training as a pre-condition to applying for a working with children and vulnerable people clearance.[11] In the context of children, this mandatory training should include the following:

• understanding what amounts to child abuse and neglect
• understanding grooming of children and the adults around them
• understanding harmful sexual behaviour by children
• identifying and reporting allegations of child abuse, neglect, grooming, harmful sexual behaviour and other inappropriate conduct
• mandatory reporting and other reporting obligations
• the Child Safe Standards
• mandatory reporting and investigation of allegations of misconduct e.g. the Reportable Conduct Scheme.

This mandatory training should be repeated regularly.

The scheme should also consider a wide range of matters to determine whether the person is suitable to work with children and vulnerable people. This may include the following:

• criminal investigations, criminal charges, findings of guilt, and charges that were withdrawn, acquitted or stuck out
• any investigations and disciplinary action taken by employers including termination of employment
• any investigations and disciplinary action taken by regulatory authorities and professional bodies
• any notifiable incidents
• any allegations or findings of misconduct
• any reportable allegations or findings of reportable conduct
• any prohibition notices and suspension notices issued to the individual regardless of whether they are current
• any applications for professional registration that have been refused
• any conditions that are imposed on the person’s professional registration
• any unsubstantiated allegations
• any impairments that have been assessed by an employer and/or regulator as significantly impacting the individual’s capacity to work or volunteer with children or vulnerable people.

This information should be sourced from all states and territories in Australia.

The new regulator should also receive real time information about all of these matters for all people who have a current Working with Children and Vulnerable Person clearance. This real time information will enable the new regulator to:

• assess and manage risks that individuals may pose to the health, safety and wellbeing of children and other vulnerable people
• re-assess whether the individual is still suitable to hold a Working with Children and Vulnerable People clearance
• notify current employers and all regulatory authorities of any emerging risks, or changes to the status of a person’s Working with Children and Vulnerable People clearance.

The new regulator needs to be appropriately funded and resourced to enable it to properly implement this scheme.

4. New Regulatory Authority for educators and early childhood teachers

We should also establish a new National Regulatory Authority for educators and early childhood teachers.[12] The functions and powers of this new Regulatory Authority may include:

• establishing and maintaining a register of educators and early childhood teachers that is publicly available [13]
• assessing a person’s suitability to be registered as an educator and/or early childhood teacher
• validating qualifications issued in Australia
• assessing qualifications issued overseas
• validating the person’s Working with Children and Vulnerable People clearance
• maintaining records about a person’s employment including reasons for leaving previous employment as reported by their employers
• maintaining records about a person’s movement between professions, and between jurisdictions
• setting standards for professional development
• setting and enforcing standards of conduct (see Recommendation 5 below)
• receiving notifications and complaints from law enforcement, regulatory bodies, employers and the public about:
  • criminal investigations, charges and findings of guilt
  • disciplinary action taken by employers
  • changes to the status of a person’s Working with Children and Vulnerable People clearance
  • reportable allegations and findings of reportable conduct
  • impairments that significantly impact a person’s capacity to work or volunteer with children or vulnerable people
  • other information, allegations or concerns for the health, safety and wellbeing of children and/or vulnerable people
• investigating notifications and complaints
• taking regulatory action against educators and early childhood teachers including issuing prohibition notices, suspension notices, enforceable undertakings, supervision notices and imposing mandatory training
• charging educators and early childhood teachers with criminal offences such as inappropriate physical discipline and inappropriate conduct
• establishing and maintaining a Register of Disciplinary Action taken against educators and early childhood teachers that is publicly available.

The new Regulatory Authority for educators and early childhood teachers needs to be appropriately funded and resourced to enable it to properly discharge these proposed powers and functions.

5. Code of Conduct

We do not currently have a Code of Conduct for educators, early childhood teachers and all other employees, contractors, and volunteers working in education and care services.

We need to develop, implement and enforce one as soon as possible.

The Code of Conduct can include practical guidance about:

• developing and maintaining appropriate professional relationships with children
• educating children and providing a safe learning environment
• caring for children and minimising risks to their health, safety and wellbeing
• appropriate and inappropriate physical contact with children
• behaviour management and appropriate discipline of children
• the appropriate use of social media and digital devices.

The Code of Conduct will also achieve the following objectives:

• It will establish and maintain standards of behaviour that are expected of all people working and volunteering in education and care services.
• It will assist employers to identify, investigate and address inappropriate conduct.
• It will assist the new regulator for educators and early childhood teachers to assess, manage and investigate the cumulative risks that individual educators and early childhood teachers may pose to the health, safety and wellbeing of children.

6. National Reportable Conduct Scheme

We also need a national Reportable Conduct Scheme.[14]

The Royal Commission into Institutional Responses to Child Sexual Abuse recommended a national reportable conduct scheme in 2017. This scheme should include the following elements:

• an independent oversight body
• mandatory reporting by heads of entities
• common definition of reportable conduct that includes current and historical conduct of a current employee, volunteer and contractor
• monitoring of investigations into reportable allegations
• public reporting on trends and findings.[15]

This recommendation is yet to be implemented.

7. Regulation of recruitment agencies

The recruitment agencies that provide critical support to education and care services need to be regulated. They must be held to the same standards as approved providers of education and care services.

This means that before any educator or early childhood teacher is offered to an education and care service, the following checks and balances must have been completed:

• interview with the person that includes specific questions about their knowledge and experience in providing for the health, safety and wellbeing of children
• completion of at least two referee checks with recent employers who are able to comment on the person’s suitability and experience working with children
• validation and verification of the person’s qualifications
• verification of the person’s employment history
• national criminal history check and systems in place to repeat these checks at least every 12 months
• verification of professional registration and systems in place to regularly review the person’s professional registration status
• verification of a current working with children clearance and systems in place to regularly review the person’s status to work with children
• checking all publicly available registers to determine whether the person is prohibited from working in any sectors, and/or has been the subject of regulatory or disciplinary action.

There should be penalties in place for recruitment agencies that do not complete these checks and balances.

8. Information sharing

We need to share information that will promote the health, safety and wellbeing of children.

In 2017, the Royal Commission into Institutional Responses to Child Sexual Abuse recommended that Australian, state and territory governments establish a nationally consistent scheme that would enable certain organisations, agencies and regulators to share information related to the safety and wellbeing of children.[16]

This recommendation has not been implemented.

In the context of education and care services, this scheme would significantly improve information sharing between:

• the Regulatory Authorities of education and care services in each state and territory.
• the professional regulatory authorities in each state and territory e.g. teacher regulatory authorities
• the different regulatory schemes within the same state and territory, for example:
  • regulators of education and care services
  • regulators of schools
  • regulators of disability services e.g. NDIA, Disability Services Commissioner
  • regulators of social services e.g. Social Services Regulator
  • regulators of the Child Safe Standards
  • regulators of teachers and early childhood teachers
  • other professional regulators e.g. Australian Health Practitioner Regulation Agency and Disability Worker Registration Board of Victoria
  • the working with children scheme
  • administrators of the Reportable Conduct Scheme.
• the different regulatory schemes in each state and territory.

 

Whilst we wait for these system changes to be implemented, Safety Quality & Care Legal Services is available to provide legal advice and support to education and care services that wish to review and improve the existing safeguards that they have in place to protect children under their care and supervision.

 

 

Elena Totino

Founder, Director & Principal Lawyer

Safety Quality & Care Legal Services

 

July 2025

 

[1] Education Services Australia, Shaping our Future: A ten year strategy to ensure a sustainable, high-quality children’s education and care workforce 2022-2031, 2021, Focus area 5 – Qualifications and career pathways, pp. 26-27, 55-57

[2] Australian Children’s Education & Care Quality Authority, Review of Child Safety Arrangements under the National Quality Framework – Final Report, December 2023, pp. 43-44

[3] Australian Children’s Education and Care Quality Authority, Review of Child Safety Arrangements under the National Quality Framework – Final Report – Findings and recommendations for the NQF and inter-related child safety mechanisms, December 2023, Recommendation 12 & pp.44-45; and Commonwealth of Australia, National Child Safety Review, – Consultation Regulation Impact Statement, April 2025, pp. 43-44; and Commonwealth of Australia, National Child Safety Review, – Consultation Regulation Impact Statement, April 2025, p. 39

[4] ABC News, Ferguson, A. & Gillett, C. Fast-tracked childcare courses are putting Australian children at risk, insiders warn, 7 July 2025 https://www.abc.net.au/news/2025-07-07/fast-track-childcare-courses-put-children-at-risk-insiders-warn/105483042

[5] ABC News, Ferguson, A. & Gillett, C. Fast-tracked childcare courses are putting Australian children at risk, insiders warn, 7 July 2025 https://www.abc.net.au/news/2025-07-07/fast-track-childcare-courses-put-children-at-risk-insiders-warn/105483042

[6] Australian Skills Quality Authority, Statement of regulatory action, 31 January 2025, https://www.asqa.gov.au/students/information-former-students-cancelled-providers/statement-regulatory-action

[7] Education Services Australia, Shaping our Future: A ten year strategy to ensure a sustainable, high-quality children’s education and care workforce 2022-2031, 2021, Focus area 3 – leadership and capability, Action FA3-1 Improve access to core professional development for educators and teachers, and Action FA3-2 Improve access to an increasing range of micro-credentials for educators and teachers in areas of identified need, pp. 49-50; and Australian Children’s Education & Care Quality Authority, Review of Child Safety Arrangements under the National Quality Framework – Final Report, December 2023, p. 53; and Australian Government, Productivity Commission, A pathway to universal early childhood education and care – Inquiry Report – Volume 1, Recommendation 3.11 Contribute to professional development for the ECEC workforce, 28 June 2024, p. 71

[8] Australian Institute for Teaching and School Leadership, maintain and renewing teacher registration, https://www.aitsl.edu.au/prepare-to-be-a-teacher/become-a-registered-teacher/maintaining-and-renewing-teacher-registration (accessed 10 July 2025)

[9] Australian Children’s Education & Care Quality Authority, Review of Child Safety Arrangements under the National Quality Framework – Final Report, December 2023, pp. 63-64

[10] Commonwealth of Australia, Royal Commission into Institutional Responses to Child Sexual Abuse, Working with Children Checks Report, 2015

[11] Australian Children’s Education & Care Quality Authority, Review of Child Safety Arrangements under the National Quality Framework – Final Report, December 2023, p. 12

[12] Australian Children’s Education & Care Quality Authority, Review of Child Safety Arrangements under the National Quality Framework – Final Report, December 2023, p. 41

[13] Education Services Australia, Shaping our Future: A ten year strategy to ensure a sustainable, high-quality children’s education and care workforce 2022-2031, 2021, Focus area 1 – Professional recognition, Action FA1-2 Implement early childhood teacher registration in every state and territory and Action FA1-6 Develop options for a national registration system for educators who are not teachers, pp. 41, 45; and Australian Government, Productivity Commission, A pathway to universal early childhood education and care – Inquiry Report – Volume 1, Recommendation 3.7 Improve registration arrangements for early childhood teachers, 28 June 2024, p. 69

[14] Australian Children’s Education & Care Quality Authority, Review of Child Safety Arrangements under the National Quality Framework – Final Report, December 2023, p. 65

[15] Commonwealth of Australia, Royal Commission into Institutional Responses to Child Sexual Abuse, Final Report – Preface and Executive Summary, Recommendations 7.9 – 7.12, pp. 122-124

[16] Commonwealth of Australia, Royal Commission into Institutional Responses to Child Sexual Abuse, Final Report – Preface and Executive Summary, Recommendations 8.6 – 8.8, pp. 127-128