Perfect for Western Australian childcare services wanting to know what is law now, what is coming, and what is considered best practice
By BEST Childcare Consulting
Keeping up with child safety reforms has never been more challenging for Western Australian education and care services.
With changes to the National Law, National Regulations, National Quality Standard and new child safety guidance, it’s understandable that many providers are asking the same question:
“Do we have to do this now?”
The answer is often yes—but sometimes not yet.
The ACECQA Summary of Child Safety Review Changes 2025–2026 provides an excellent overview of the national reform program. Importantly, it also reminds Western Australian services to check local legislation for commencement dates, as some reforms begin at different times in WA.
Western Australia does not automatically adopt every national child safety reform on the same day as other jurisdictions. Although WA has transitioned to an Applied Law model, individual reforms still require commencement before they become enforceable in this State.
This article explains what is currently law in Western Australia, what reforms are still to come, and what is considered best practice while the sector prepares for future implementation.
At BEST Childcare Consulting, we know how difficult it can be to keep up with constant legislative change. That’s why we offer Compliance Spot Check Audits to help services understand exactly where they stand against current WA requirements, as well as practical compliance professional development workshops that make legislation easy to understand through real-life childcare examples.
Let’s separate current law from future reforms, so you can lead your service with confidence.
Where to find current legislation
The most reliable source for current legislation is the WA Legislation website (WALW), as it displays the current consolidated version and currency dates for each instrument.
This is the current National Law that applies in Western Australia under the Applied Law model.
WALW – Education and Care Services National Law (WA) – Home Page
Education and Care Services National Law Regulations (WA)
These are the WA local regulations made under the Application Act.
WALW – Education and Care Services National Law Regulations (WA) – Home Page
First, what changed in WA?
On 1 May 2026, Western Australia moved from a “corresponding law” model to an Applied Law model.
This means WA now directly applies the national Education and Care Services National Law (with WA modifications) rather than maintaining a separate corresponding version. This allows future national amendments to be adopted more consistently, although many amendments still require their own commencement before becoming enforceable in WA.
This change is about how legislation is adopted, not that every reform automatically commenced on 1 May 2026.
Child Safety Reforms in WA – Quick Reference
1. Safe Use of Digital Technologies and Online Environments
Current WA status: Law now
From 1 September 2025, approved providers must have policies and procedures covering the safe use of digital technologies and online environments (Regulation 168).
Official guidance
BEST Compliance Tip
Don’t simply download a policy. Ensure every educator understands:
- who may communicate digitally with families
- acceptable use of tablets
- photographing children
- online learning
- cyber safety
- social media expectations.
During audits we often find the policy exists—but staff cannot explain it.
2. Vaping Ban
Current WA status: Law now
Vaping devices and vaping substances are prohibited at education and care services.
Official guidance
BEST Compliance Tip
Update your Smoke Free Workplace Policy to specifically reference vaping and ensure signage includes e-cigarettes—not just smoking.
3. Reduced Notification Timeframes
Current WA status: Law now
Serious physical abuse and sexual abuse notifications now have shorter reporting timeframes.
Official guidance
BEST Compliance Tip
Never wait until Monday morning.
If something happens Friday afternoon, know exactly who has authority to lodge notifications over weekends.
4. Child Safe National Quality Standard
Current WA status: Law now
The National Quality Standard now explicitly references child safety throughout QA2 and QA7.
Official guidance
BEST Compliance Tip
Don’t rewrite your QIP. Instead, strengthen your existing reflections so child safety is naturally embedded throughout your quality improvement processes.
5. Mandatory Child Safety Training
Current WA status: Not yet mandatory in WA
Although mandatory nationally, Western Australia is awaiting commencement.
Official guidance
BEST Compliance Tip
Don’t wait. Services completing training now will find future implementation much easier and demonstrate strong child-safe leadership.
6. National Early Childhood Worker Register
Current WA status: Not yet mandatory in WA
WA is yet to announce commencement.
Official guidance
BEST Compliance Tip
Review your recruitment systems now.
Most of the work required for the Register is actually good recruitment practice that services should already be doing.
7. Paramount Consideration Principle
Current WA status: ⏳ Awaiting WA commencement
Nationally this requires every decision to place the safety, rights and best interests of children first.
Official guidance
BEST Compliance Tip
When making difficult decisions, ask one question:
“Is this decision in the child’s best interests?”
That single question aligns your leadership with where legislation is heading.
8. Personal Digital Device Restrictions
Current WA status: Awaiting WA commencement
Restrictions on personal phones and photographing children have not yet commenced in WA.
Official guidance
- Safe Use of Devices in Education and Care Services
- Using Digital Devices in Centre-Based Services Information Sheet
BEST Compliance Tip
Even before it becomes mandatory, many Exceeding services already:
- provide service-owned devices
- prohibit personal phones in rooms
- have visitor photography rules
- securely store children’s images.
9. Inappropriate Conduct Offence
Current WA status: Awaiting WA commencement
The National Law creates a new offence relating to inappropriate conduct towards children.
Official guidance
BEST Compliance Tip
Policies alone won’t protect children.
Regular professional conversations about professional boundaries are far more effective than asking staff to sign another document.
10. Expanded Regulatory Authority Powers
Current WA status: Awaiting WA commencement
Additional investigation and enforcement powers are yet to commence in WA.
Official guidance
BEST Compliance Tip
Operate every day as though an authorised officer could arrive tomorrow. Services with embedded systems have nothing to fear from compliance visits.
11. Working With Children National Reforms
Current WA status: Awaiting further WA implementation
Western Australia continues to operate under its own Working with Children legislation while national consistency reforms continue.
Official guidance
BEST Compliance Tip
Continue checking:
- WWC applications
- expiry dates
- new staff
- volunteers
- students
Don’t assume future reforms replace existing WA obligations—they don’t.
Why BEST recommends preparing now
The strongest services don’t wait until legislation changes before improving practice.
By implementing these child safety reforms now, your service will:
- be well prepared for future legislative commencement
- reduce risk to children
- strengthen governance
- demonstrate a genuine child safe culture during compliance monitoring and Assessment and Rating.
At BEST Childcare Consulting, our compliance spot checks help services identify exactly what is required by law today, what is best practice for tomorrow, and how to confidently bridge the gap before changes become mandatory. All legislative advice is based on the current Western Australian framework, with recommendations aligned to official ACECQA and ECRU guidance.
Are services likely to be breached?
A common misconception is that because ECRU refers to child safety resources during compliance monitoring, every national reform is already enforceable.
That is not the case. An authorised officer can only enforce requirements that have commenced under Western Australian legislation.
However, ECRU may still discuss nationally recognised child safety resources as evidence of quality improvement, governance and continuous improvement, particularly where they support existing legislative obligations under the National Quality Framework.
When will the remaining reforms become law in WA?
At the time of writing (July 2026), the WA Government has not announced a commencement date for the remaining Child Safety Review reforms.
Because WA has now adopted the Applied Law model, most observers expect the outstanding reforms to be introduced progressively once supporting regulations and implementation arrangements are finalised. However, no official date has been published by the WA Government or ECRU.
Until that announcement is made:
- continue complying with the legislation currently in force;
- prepare for the remaining reforms as best practice; and
- monitor ECRU updates for formal commencement notices.
The Bottom Line
For Western Australian services, compliance begins with knowing what is law today, not simply what has commenced elsewhere in Australia.
Understanding that distinction allows providers to remain compliant while also leading the way in child safety.
The strongest services won’t wait for legislation before improving practice—they will embed child safe systems because protecting children is at the heart of everything they do.
Official Resources
Education and Care Regulatory Unit – Legislation
ECRU – Latest Updates and Changes to Legislation
WA Education and Care Services National Law Application Act 2026
https://www.acecqa.gov.au/resources/applications/child-safety-review
https://www.acecqa.gov.au/resources/supporting-materials/nqf-child-safe-culture-guide
https://www.acecqa.gov.au/resources/supporting-materials/nqf-online-safety-guide
Guide to the National Quality Framework
This article is based on the current WA legislative framework, the WA Applied Law transition, ECRU guidance and the ACECQA Summary of Child Safety Review Changes as at 13 July 2026.
Compliance Spot Checks, need help knowing exactly where your service stands?
BEST Childcare Consulting provides practical compliance spot checks to help services understand whether they are fully compliant, where gaps may exist and what needs to be strengthened. We do more than identify issues—we work alongside your leadership team to help you become compliant, build clear systems and bring legislative requirements to life in everyday practice. Our goal is to ensure your educators and staff not only know what the law requires, but understand how to confidently apply it across the service.
Professional development, Bring Child Safety Legislation to Life for Your Team
Understanding child safety legislation is one thing—knowing how to apply it confidently every day is another.
BEST Childcare Consulting offers engaging, practical professional development workshops designed specifically for Western Australian early childhood services. We explain exactly what is currently law in WA, what reforms are coming, and what best practice looks like, using plain language that educators can easily understand.
Rather than simply reading legislation, we use real-life childcare scenarios, practical examples and interactive discussions to show staff how these requirements apply in their everyday work with children, families and colleagues.
Whether your team is preparing for compliance monitoring, Assessment and Rating, or simply wants to strengthen its child safe culture, our workshops leave educators feeling informed, confident and empowered—not overwhelmed by legislation.
Contact BEST Childcare Consulting to arrange a workshop tailored to your service, because when every educator understands not just what the law says, but why it matters and how to put it into practice, everyone is better equipped to keep children safe.
BEST Childcare Consultancy
The child safety reforms represent one of the most significant changes to the National Quality Framework in many years. For Western Australian services, understanding what is law today, what is coming, and what can be implemented now as best practice is essential for remaining compliant while continuing to build a genuinely child safe culture.
Rather than relying on social media posts or national headlines, always refer to current Western Australian legislation and official guidance from ECRU and ACECQA. As further reforms commence in WA, services that have already embedded strong child safety practices will be well positioned to adapt with confidence.
At BEST Childcare Consulting, we are passionate about making legislation practical, achievable and meaningful. Whether you need a compliance spot check, assistance updating your policies and systems, or professional development that helps your entire team understand exactly what these reforms mean in everyday practice, we’re here to help.
Because compliance isn’t just about meeting the law—it’s about creating safer environments where every child can learn, grow and thrive.
Contact us TODAY.
