By BEST Childcare Consulting
The Model Code used to be voluntary best practice (2024) but has now become mandatory from 1 September 2025 under the NQF regulations.
From 1 September 2025, the Safe Use of Digital Technologies and Online Environments Policy Guidelines will officially require services to align with the National Model Code under NQF Regulations (e.g., Regs 168–170) All approved providers must implement the additional requirements covering the restricted use of personal devices by Friday 26 September 2025.
Adherence to the National Model Code and its record-keeping components not only ensures legal alignment but fundamentally safeguards children’s privacy, dignity, and safety. Restricting device use, securing consent, and maintaining strict data protocols build trust with families and uphold the rights of every child. As regulatory reforms unfold, early implementation positions services at the forefront of child-safe practice.
Core Principles of the Model Code
- Part 1: Services must use only service-issued devices for capturing, sending, and storing images or videos of children, with usage clearly detailed in policies and procedures.
- Part 2: Personal devices and storage media must not be used while working with children, except in rare, authorised circumstances that do not compromise supervision.
- Part 3: Limited exceptions for personal device use may be authorised for emergencies, health or disability needs, family necessities, technology failures, or local emergency alerts.
- Part 4: Services must enforce strict storage and retention controls to ensure images and videos of children are securely managed.
What Support Is There to Effect These Changes?
ECEC services are not expected to work alone in implementing the new requirements. ACECQA, Education Ministers, and sector peak bodies (such as CELA and ECA) have released a suite of guidelines, FAQs, and sample policies to support services. These resources explain not only what needs to change but how to embed the Model Code into practice.
- Annual training and professional development opportunities are recommended for educators.
- Services are encouraged to consult with families and staff to co-develop safe, transparent procedures.
- State and Territory Regulatory Authorities, such as WA’s ECRU, will provide oversight and guidance during assessment and rating.
What’s Changing and When?
From 1 September 2025, services must comply with new National Regulations on Safe Use of Digital Technologies (Regulation 168). Changes to Regulation 168 require providers to include procedures for the safe use of digital technologies and online environments in their ‘providing a safe environment policy’ (R.168(h)) This must include:
- the taking, use, storage and destruction of images and videos of children
- obtaining authorisation from parents to take, use and store images and videos of children
- the use of any optical surveillance device (e.g. CCTV)
- the use of any digital device issued by the service
- the use of digital devices by children.
In addition to the above, the Regulatory Authority expects approved providers of centre-based services to ensure their service policies and procedures align with the National Model Code for Taking Images or Videos of Children while Providing Early Childhood Education and Care (National Model Code), released in July 2024 by Australian Children’s Education and Care Quality Authority (ACECQA). This additional requirement covers:
- the use of personal electronic devices that can take images or videos, and
- personal storage and file transfer media, to ensure they are not in the possession of any person while providing education and care and working with children, except for limited essential purposes.
These changes are part of broader reforms following the Review of Child Safety Arrangements under the NQF (2023).
What’s Inside Each of These Instruments (at a glance)
1. National Model Code (2024) Download PDF – ACECQA
- Core Rule: Only service-issued devices may be used to capture children’s images/videos.
- Prohibition: Personal smartphones, tablets, and smartwatches are excluded unless authorised.
- Storage: All media must be securely stored and controlled by the service.
- Retention/Deletion: Clear timeframes for destroying files safely when no longer required.
2. Guidelines for the National Model Code (2024)
- Practical advice on embedding policies.
- Clarifies staff responsibilities, parental consent, and documentation requirements.
- Suggests consultation processes with families and communities.
3. FAQs and Policy Examples (2024–25) Download PDF – ACECQA
- Responses to common implementation questions.
- Templates for service policies.
- Case studies to show best practice.
4. Policy Guidelines – Safe Use of Digital Tech & Online Environments (2025) Download PDF – ACECQA
- Formal regulatory instrument commencing 1 September 2025.
- Links the Model Code to Regs 168–170.
- Expands scope beyond images/videos to all digital technologies.
Where Do I Start?
- Review Current Practices
- Audit how images/videos are currently captured, stored, and shared.
- Identify risks (e.g., staff using personal phones).
- Update Policies
- Align with the Model Code and Regulation 168.
- Ensure consent forms are explicit and updated.
- Train Staff
- Provide induction and refresher training on safe device use and child protection.
- Engage Families
- Share policies with families and explain how they protect children’s privacy and safety.
- Plan for September 2025
- Build in time for consultation, policy adoption, and record-keeping changes before the new regulatory deadline.
Where Do I Access the Tools?
National Model Code – Taking Images and Videos (2024)
Download PDF – ACECQA
Guidelines for the National Model Code (2024)
Download PDF – ACECQA
National Model Code FAQs
Download PDF – ACECQA
Safe Use of Digital Tech & Online Environments Policy Guidelines (2025)
Download PDF – ACECQA
Sector Articles and Summaries
- CELA – Understanding the Model Code
- Aussie Childcare Network – Example Policy
What is next to look out for ?
The Long Day Care and Outside School Hours Care Compliance Monitoring Checklists, available on the ECRU website will be updated to include requirements under Regulation 168(ha).
From 1 September 2025, changes to Regulation 168 of the Education and Care Services National Regulations 2012 (the National Regulations) will take effect. A copy of the Education and Care Service National Amendment Regulations 2025 will be published on 1 September 2025 at the Western Australian Legislation website.
Frequently Asked Questions
What personal devices are restricted?
The restricted devices under the National Model Code are:
- personal devices that can take images or videos and
- personal storage and file transfer media.
For example:
- phones
- tablets
- digital cameras
- smart watches with camera/recording functionality
- wearables, such as camera glasses
- SD cards
- USB drive
- hard drives
Who do the restrictions apply to?
These restrictions apply to any person who is providing education and care and working directly with children.
What about third party professionals attending the service, such as allied health professionals and inclusion professionals?
The service policy and procedures should cover the use of devices by third party professionals for purposes to undertake an assessment, where consent has been provided by the parent. This should include the use of a device that is:
- issued by their business or institution; and
- used only for work purposes (and not personal use).
What happens with students?
Services may consider facilitating the use of a service-issued device for students attending the service as part of a practicum placement.
Do the restrictions apply to parents?
The restrictions do not apply to people who are not providing education and care and not working directly with children.
Broader child safe policies and procedures and supervision requirements would apply.
What are the exceptions to the restrictions?
The National Model Code lists the following essential purposes for which the use or possession of a personal devices may be authorised where access does not impede the active supervision of children:
• communication in an emergency situation to ensure safety
– involving a lost child, injury to child or staff member, or other serious incident
– in the case of a lockdown or evacuation of the service premises
• personal health requirements
– for example, heart or blood sugar level monitoring
• disability
– for example, where a personal electronic device is an essential means of communication for an educator or other staff member
• family necessity
– for example, an early childhood staff member with an ill family member
• technology failure
– for example, when a temporary outage of service-issued electronic devices has occurred
• during a local emergency event to receive emergency notifications. This could include government warning systems such as a bushfire evacuation text notification.
Who can authorise an exception to the restrictions, and do I need to keep records?
All authorisations must be documented by the approved provider:
• Authorisations must be made in writing in advance where possible.
• Approved providers must create and maintain suitable logs or registers for recording:
– authorisations made in writing in advance, and
– retrospectively, authorisations made through another means where written authorisation is not possible (for example, in an emergency situation).
• The logs or registers should be stored securely. All documentation should be available at the service for authorised officers to inspect.
When can staff use personal devices?
Personal devices can be accessible when educators and staff are not providing education and care or working directly with children.
Examples could include:
- while taking a scheduled break from work, such as a lunch or tea break
- during planning time
- during administrative activities
BEST Childcare Consulting
At BEST Childcare Consulting, we simplify complex regulatory changes and turn them into practical, child-safe solutions for your service. We will help you embed the National Model Code into everyday practice—ensuring not only that you meet requirements, but that you demonstrate genuine commitment to child protection and exceeding quality standards.
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