Education and Care Services National Law (WA) Act 2012
Education and Care Services National Amendment Regulations 2025
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
1.Citation1
2.Commencement1
3.Regulations amended1
4.Regulation 4 amended1
5.Regulation 82 amended2
6.Regulation 168 amended2
7.Regulation 176 amended3
8.Regulation 239A amended3
9.Regulation 240 deleted4
10.Regulation 242 amended4
11.Schedule 1 amended4
12.Schedule 3 amended5
Education and Care Services National Law (WA) Act 2012
Education and Care Services National Amendment Regulations 2025
Made by the Governor in Executive Council.
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.
These regulations amend the Education and Care Services National Regulations 2012.
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;
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
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;
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;
(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 —
Delete regulation 240.
In regulation 242(1) delete “31 December 2025.” and insert:
31 December 2026.
(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.
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
© State of Western Australia 2025. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: GEOFF O. LAWN, Government Printer