Education and Care Services National Amendment Regulations 2025 (WA)

Western Australia

Education and Care Services National Law (WA) Act 2012

Education and Care Services National Amendment Regulations 2025

Western Australia

Education and Care Services National Amendment Regulations 2025 Contents Education and Care Services National Law (WA) Act 2012

Education and Care Services National Law (WA) Act 2012

Education and Care Services National Amendment Regulations 2025

Made by the Governor in Executive Council.

1.Citation

These regulations are the Education and Care Services National Amendment Regulations 2025.

2.Commencement

These regulations come into operation as follows —

• (a)

  regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

• (b)

  regulations 3 to 10 and 12 — on 1 September 2025;

• (c)

  the rest of the regulations — on 1 January 2026.

3.Regulations amended

These regulations amend the Education and Care Services National Regulations 2012.

4.Regulation 4 amended

In regulation 4(1) insert in alphabetical order:

optical surveillance device has the same meaning as in the Surveillance Devices Act 2004 (Commonwealth) section 6(1);

vaping device has the same meaning as in the Therapeutic Goods Act 1989 (Commonwealth) section 41P;

vaping substance has the same meaning as in the Therapeutic Goods Act 1989 (Commonwealth) section 41P;

5.Regulation 82 amended

In regulation 82(1) and (2) after “tobacco,” insert:

vaping devices, vaping substances,

Note: The heading to amended regulation 82 is to read:

Environment to be free from tobacco, vaping devices, vaping substances, drugs and alcohol

6.Regulation 168 amended

Delete regulation 168(2)(h) and insert:

• (h)

  providing a child safe environment, including matters relating to the promotion of a culture of child safety and wellbeing within the service;

• (ha)

  the safe use of digital technologies and online environments at the service, including —

  • (i)

    the taking, use, storage and destruction of images and videos of children being educated and cared for by the service; and

  • (ii)

    obtaining authorisation from parents to take, use and store images and videos of children being educated and cared for by the service; and

  • (iii)

    the use of any optical surveillance device at the service; and

Example for this subparagraph:

The use of closed‑circuit television.

• (iv)

  the use of any digital device issued by the service; and

• (v)

  the use of digital devices by children being educated and cared for by the service;

   

7.Regulation 176 amended

After regulation 176(2)(ba) insert:

• (bb)

  in the case of a notice under regulation 175(2)(d), within 24 hours of the incident or within 24 hours of the approved provider becoming aware of the incident;

• (bc)

  in the case of a notice under regulation 175(2)(e), within 24 hours of the allegation being made or within 24 hours of the approved provider becoming aware of the allegation;

   

8.Regulation 239A amended

• (1)

  In regulation 239A(1) delete “31 December 2025” and insert:

   

31 December 2026

• (2)

  In regulation 239A(5) delete “regulation and regulation 240 —” and insert:

   

regulation —

9.Regulation 240 deleted

Delete regulation 240.

10.Regulation 242 amended

In regulation 242(1) delete “31 December 2025.” and insert:

31 December 2026.

11.Schedule 1 amended

• (1)

  In Schedule 1 delete the item relating to Element 2.2.3 — Child protection and insert:

   

Element 2.2.3 — Child safety and protection

Management, educators and staff are aware of their roles and responsibilities regarding child safety, including the need to identify and respond to every child at risk of abuse or neglect.

• (2)

  In Schedule 1 under the heading “Quality area 7 — Governance and leadership” delete “management of the service.” and insert:

   

management of a quality service that is child safe.

• (3)

  In Schedule 1 under the heading “Standard 7.1 — Governance” delete “service.” and insert:

   

service that is child safe.

• (4)

  In Schedule 1 under the heading “Element 7.1.2 — Management systems” delete “service.” and insert:

   

service that is child safe.

12.Schedule 3 amended

In Schedule 3 in the row relating to Regulation 82(1) delete “Tobacco, drug and alcohol‑free environment” and insert:

Environment to be free from tobacco, vaping devices, vaping substances, drugs and alcohol

K. COLLERAN, Clerk of the Executive Council