On 22 July 2025, the Government tabled the Early Childhood Education and Care (Strengthening Regulation of Early Education) Bill 2025 (the Bill). In the face of growing public concern, the Bill is a major reform aimed at improving child safety and accountability in early learning environments. For childcare providers, this Bill signals a shift toward stricter enforcement, increased surveillance, and heightened regulatory scrutiny.
Key Proposed Changes
1. The “One-Strike” Rule
Under the proposed legislation, the Commonwealth regulator will have the power to immediately revoke a provider’s access to the Child Care Subsidy following a single “serious breach”. This is a significant departure from the current system, which typically involves multiple warnings or extended investigations. Serious breaches include:
The Commonwealth will assess a range of considerations including:
This rule is designed to act as a strong deterrent and reflects the Government’s prioritisation of child safety over provider leniency.
2. Unannounced Inspections and Monitoring
The powers of Federal compliance officers will be expanded, to include:
This marks a shift from state-led monitoring to a dual enforcement model, where both Commonwealth and state regulators have overlapping powers to ensure compliance and child safety. This expands the scope of oversight and means providers must maintain continuous compliance, not just prepare for scheduled audits.
3. National Educator Register
A new national register will track early childhood educators across all states and territories. It will integrate with Working with Children Check (WWCC) systems to:
This measure is intended to address loopholes in the current system where disqualified individuals could continue working undetected.
State Reforms
Victoria – September 2025
Following serious allegations of child sexual abuse involving Melbourne childcare worker Joshua Dale Brown, the Victorian Government has introduced urgent reforms to strengthen child protection measures in early learning environments. These include:
New South Wales – May 2025
The NSW Government has announced a suite of immediate reforms aimed at placing child safety as of paramount importance. These include:
Queensland – July 2026
Surveillance and CCTV: What’s Expected?
While the Bill does not currently mandate CCTV installation across all centres, it strongly encourages use, particularly in high-risk or previously non-compliant services. Surveillance may become a condition of continued operation for some providers.
Education and Care Services National Law and Regulations – 1 September 2025
Independent but relevant to the Bill, are the reforms to the Education and Care Services National Amendment Regulations 2025, made under the Education and Care Services National Law. These changes will take effect and apply to all approved providers in Australia from 1 September 2025. Most notably, are the changes around digital technology and surveillance. The changes raise important practical considerations around CCTV implementation and use within early learning environments. Namely, the legal obligations, consent requirements, data handling, and compliance with privacy and surveillance laws. See our related article for more information: [CCTV, Consent and Compliance: Understanding the 1 September Changes to the NQF].
Key Takeaways:
Keep up to date with our bulletins as we monitor the progression of this Bill. In the meantime, we recommend that providers, centre owners and operators, nominated supervisors and educational leaders alike prioritise the following:
At Chamberlains, we understand the balancing act of running day-to-day operations while maintaining compliance with legal obligations. Our team of professionals can save you the headaches and provide you with tailored assistance so that you can focus on what matters most. Contact our Workplace Law Team on 02 6188 3634.
If you have any questions or concerns please contact our Workplace Law Director Angela Backhouse on 1300 676 823