By BEST Childcare Consultants
Every baby deserves to drift into sleep in a space that is safe, stable, and carefully designed to protect them. In childcare, families trust us with their child during their most vulnerable moments—when they are resting, sleeping, and unable to advocate for themselves. As educators and leaders, we do not simply provide sleep environments; we provide reassurance, confidence, and peace of mind to families.
From 19 January 2026, all infant sleep equipment used within education and care services must meet new national safety requirements. These changes are not minor—they are about preventing suffocation, entrapment, overheating, falls and other tragic outcomes.
Moving early, planning with intention, and training our teams ensures that we honour the responsibility families place in us. By upgrading equipment, updating policies, and embedding safe-sleep practice into everyday routines, we do more than meet compliance—we actively protect children.
This article explains what has changed, what your service must do, and how to prepare confidently.
What Are the New Standards
In 2024, two regulatory standards were introduced to protect infants from suffocation, entrapment, falls, overheating and serious injury:
Consumer Goods (Infant Sleep Products) Safety Standard 2024
Regulates:
- structure and design
- firmness
- incline angle (must be flat)
- stability
- breathable sides
- correct mattress fit
Consumer Goods (Infant Products) Information Standard 2024
Sets requirements for:
- warnings
- instructions for set-up and use
- mattress sizing information
- correct placement guidance
These standards move safe sleep from “best practice advice” to legal obligation.
Unsafe equipment is no longer a preference issue—it is a compliance issue.
What the “infant sleep products” standard requires
According to the relevant guidance from ACCC / Product Safety Australia:
The standard applies to “infant sleep products”: items designed or marketed for infant sleep, or on which an infant may sleep. That includes bassinets, cots, cradles, co-sleepers, inclined sleepers, folding cots, portable cots — and in some cases items like rockers, swings or inclined surfaces if they are (or may be) used for sleep. A
Key design and construction requirements include:
- A flat, firm, rigid sleeping surface (not curved), with an incline no greater than 7° if inclined or rocking.
- Mattress / surface must be firm and rigid.
- No sharp edges or points, no gaps that could trap a baby’s head, neck, limbs or fingers.
- Mesh or fabric sides (where used) must be firm enough and made of breathable material — so it can’t suffocate or cover the infant’s nose or mouth.
- If the sleep product has wheels / castors, at least two must have brakes.
- If there is a locking mechanism (e.g. for folding or adjusting), the locked position must be clearly distinct and not easily disengaged accidentally.
The standard also includes an information requirement: infant sleep products must come with appropriate safety information/warnings — e.g. instructions for safe use, mattress sizing, warnings about safe sleep position (flat back, no loose bedding), and cautions about risks (like suffocation, hazards near cords or blind-strings, etc.).
These standards came into effect 18 July 2024, with a transition period; from 19 January 2026 all sleep products “on the market” (or supplied) must comply fully.
The overall aim — as described by ACCC / product safety regulators — is to reduce the risk of suffocation, entrapment, strangulation, falls, and other hazards that can cause infant injury or even death. A
Timeline — When It Starts to Affect Childcare Centres
Introduced: 18 July 2024
Transition phase: until 18 January 2026
Fully enforceable: from 19 January 2026
From this date forward:
- All suppliers must sell compliant sleep equipment
- Services must only use compliant equipment
- Non-compliant equipment may breach safety laws and childcare regulations
Plan early—many services will be replacing equipment simultaneously and supply delays are expected.
What Types of Products Are Covered?
Any product designed for an infant to sleep OR likely to be slept in must comply.
Examples include:
Products Covered
nursery cots
portable/folding cots
cradles
bassinets
co-sleepers
infant sleep pads or inserts
mattresses that are part of a sleep system
inclined sleepers
rockers where infants routinely fall asleep
Products Not Covered
prams/strollers
slings and baby carriers
car seats
loungers not marketed for sleep
However, if a product is used as a sleep space, even if not designed for it, the service remains legally responsible for safety.
Example:
A rocker marketed for “comfort holding” but used for naps → NOT compliant.
What This Means Under Childcare Regulations & Quality Standards
Although the standard comes from Federal product law, its implementation affects compliance under:
National Law (WA Version)
Children must be protected from risk and harm.
National Regulations
Services must ensure: environments are safe
equipment is safe, supervision is adequate, and policies reflect current legislation
Quality Area 2 – Children’s Health & Safety
Sleep environments directly relate to: safe rest, injury risk management, supervision and reducing suffocation/overheating hazards
Quality Area 7 – Governance & Leadership
Leaders must:
plan transitions from old equipment
update policy
keep training evidence
demonstrate evaluation and review
This means that While the standard is not issued by ACECQA or ECRU, failure to comply may still result in a breach.
Key Risks if You Don’t Comply
Legal risks include a breach of Australian Consumer Law after 19 January 2026 and Increased liability in incidents.
Operational risks include equipment becomes unsafe and unusable, replacement delays and higher costs if replacing urgently.
Safety risks include soft mattresses increase airway obstruction, ill-fitting mattresses increase entrapment, loose-sided equipment increases suffocation risk
The new standard significantly reduces these risks.
Who Checks the New Safety Standards After 19 Jan 2026?
Compliance is overseen by Australian Consumer Law Regulators, which include:
Federal Regulator, the Australian Competition and Consumer Commission (ACCC)
State-Level Regulators the Consumer Protection WA (Department of Mines, Industry Regulation and Safety)
They focus mainly on suppliers and retail distributors.
Will ECRU Check This During Spot Checks or Assessments?
ECRU does not directly enforce Australian Consumer Law however sleep product compliance links directly to Regulation 81 (Sleep & Rest) and QA2.
During: Assessments & Ratings, Spot checks
and Complaint investigations ECRU may check whether:
- sleep environments contain safe equipment
- equipment is flat, firm and age-appropriate
- risk assessments demonstrate ongoing review
- educators show knowledge of safe sleep setup
ECRU can ask:
“Show me where infants sleep and explain how you know this equipment is safe.”
If:
a mattress is too soft
a cot is unstable
a product lacks documentation
educators cannot explain safety
→ this may escalate to a breach relating to supervision, risk, or environmental safety.
So, while not THEIR regulation, they can and will assess SAFETY AND IMPLEMENTATION.
What WA / Early-Childhood Centres should do right now (or soon)
Here’s a practical checklist for centre managers in WA:
- Inventory & audit current sleep products: List all cots, bassinets, foldable cots, rockers, inclined sleepers, portable cots etc. Check age of items and whether they meet the new standard criteria (flat, firm surface; no dangerous incline; safe sides; no hazards; proper mattress; no unsafe accessories).
- Plan to replace non-compliant items: Schedule to replace any non-compliant sleep products before 19 Jan 2026.
- Update sleep/rest policy & procedures: Ensure your “Sleep and rest for children” policy refers explicitly to compliance with the new standards. Use the most up-to-date guidelines (e.g. from Red Nose + national regulatory guidelines) as the basis.
- Train staff: Ensure educators and staff know what safe sleep looks like under the new standards — firm/flat surface, baby on back, no loose bedding etc. Also reinforce practice of regular physical checks, not relying solely on monitors.
- Update risk-assessment procedures: Use or update annual sleep/rest risk assessments to evaluate equipment safety, environmental hazards (blinds, cords, soft items), supervision adequacy, and compliance with new standards.
- Inform families: As part of transparency and compliance, communicate with families: that the centre is updating sleep equipment for safety, what standards are being met, and how sleep/rest is managed to keep infants safe.
What to Do If Your Equipment Does Not Meet the New Standards
Step 1: Immediately risk assess
Ask: can the child roll? could face become covered? are gaps present?
If unsafe → discontinue use.
Step 2: Determine if upgrading will make it compliant
Examples:
✔ replacing damaged mattress
✔ replacing loose castors
✔ securing locking arms
✔ removing padded inserts
Step 3: If compliance cannot be proven → remove from use
Typical items that need removal:
older portable cots
worn out mesh-sided bassinets
soft ‘foam block’ mats
inclined sleepers
Step 4: Replace strategically
Plan replacement:
✔ budgeted
✔ staged
✔ prioritised by risk
High priority items:
- infant room equipment
- older wooden cots with worn slats
- any mattress with indentation
Lower priority:
furniture not used for infants or sleep
What Educators Working in Rooms Need to Know
Educators using sleep spaces daily need to know and demonstrate:
1. Sleep surfaces must be flat and firm
Educators must check:
✔ Mattress is firm, not soft or sagging
✔ Surface is level—not inclined
✔ No additional padding (towels, wedges, pillows)
If a cot has visible sagging or an overly soft insert, stop use and escalate to management.
2. No pillows, loose bedding, bumpers, soft toys, sheepskins
This aligns directly with Red Nose Safe Sleep principles.
Educators must ensure:
✔ Only a fitted sheet
✔ No rolled blankets to prop a child
✔ No weighted blankets
✔ No muslin wraps over cot sides
3. Babies always placed on their backs to sleep
NOT on their side, NOT on their stomach.
If a baby rolls independently—educators reposition onto back once, then leave to roll freely.
4. Supervision standards increase, NOT decrease, with safer equipment
Educators must physically:
✔ Check breathing
✔ Check position
✔ Check temperature (overheating risk)
✔ Check comfort
Monitors or cameras DO NOT replace room checks.
5. If equipment is replaced or removed, educators must know why
This prevents inconsistent messaging to families.
Educators should be able to say something like:
“The Government has updated infant sleep product standards. We are now only using equipment that meets new safety requirements to ensure infants sleep on flat and firm surfaces.”
6. Educators must report wear-and-tear immediately
Examples requiring escalation:
- Cot locks not holding
- Mesh sides sagging
- Broken castor brakes
- Mattress indentations
- Wood swelling or splitting
Educators are responsible for spotting issues first.
7. Educators must talk with families confidently
FAQs for families that educators might hear:
“Can my baby sleep on their tummy? They sleep better.”
Back-sleeping is safest, consistent with Red Nose and national guidelines.
Can I bring my rocker for naps?”
Rockers are not designed for sleep and are not compliant safe-sleep spaces.
What Office / Centre Leadership Need to Know
Management teams or directors must ensure the following before 19 January 2026:
1. Update policies and procedures
Specifically update:
✔ Sleep & Rest Policy
✔ Infant Care Procedures
✔ Equipment Inspection Checklists
✔ WHS Risk Register
✔ Induction/training materials
Include wording:
“All infant sleep equipment must comply with current national mandatory safety standards for infant sleep products.”
2. Audit and replace equipment now—not in January 2026
Leadership must:
✔ Create an asset list
✔ Identify age of equipment
✔ Verify compliance
✔ Order replacements
- High-risk items include:
second-hand cots - portable/folding cots older than 3–5 years
- foam-based portable mattresses
- bassinets
3. Ensure any NEW equipment has:
✔ Supplier compliance documentation
✔ Correct mattress sizing information
✔ Clear instructions and safety warnings
✔ Maintenance guidelines
If a product arrives unlabelled → do not use it.
4. Train staff AND document training
- Leadership must schedule training refreshers on:
Safe-sleep practices - Equipment set-up
- Supervision standards
Keep attendance records for assessment or incident defence.
5. Ensure risk assessments reflect real conditions
Assess:
- overheating risks
- air-flow and ventilation
- blind cords / wall hazards
- extra blankets from families
- visibility of cot area
This supports Quality Area 2 compliance.
6. Communicate proactively with families
Send messaging such as:
“New federal safety laws now apply to infant sleep products. We have reviewed and updated our environments and equipment to meet the standard. This ensures infants sleep safely using firm, flat surfaces with approved mattresses and regulated supervision practices.”
Use it as part of: enrolment packs, induction and policy sign-offs
How This Connects to Red Nose Safe Sleeping Guidance
The mandatory standards now legally enforce what Red Nose has taught for over 20 years:
Red Nose 6 Safe Sleep Principles
✔ Sleep baby on their back
✔ Use a firm, flat mattress
✔ Keep head and face uncovered
✔ Use safe sleeping place
✔ Maintain hazard-free environment
✔ Supervise and check breathing
The new standard physically prevents:
❌ soft mattresses
❌ unstable frames
❌ poorly fitted mattresses
❌ excessive side padding
❌ deep corners that trap faces
Meaning childcare environments must be:
🟢 safe by design
🟢 safe by set-up
🟢 safe by supervision
LINKS AND RESOURCES
Regulations and Standards
Infant Sleep Products Standard — Main Government Page
https://www.productsafety.gov.au/business/search-mandatory-standards/infant-sleep-products-mandatory-standards
ACCC — Mandatory Product Safety Information
https://www.productsafety.gov.au
Consumer Protection WA — Safety & Fair Trading
https://www.commerce.wa.gov.au/consumer-protection
Safe Sleep Best Practice
Red Nose Australia — Safe Sleep Statements
https://rednose.org.au
Safe Sleep Advice for Daily Practice
https://rednose.org.au/article/safe-sleeping
National Quality and Regulation
Regulation 81 Guidance (ACECQA)
https://www.acecqa.gov.au/resources/supporting-materials/infosheet/safe-sleep-and-rest-practices
Guide to the National Quality Framework (Sleep Section)
https://www.acecqa.gov.au/national-quality-framework
BEST Childcare Consultants
These new standards are an opportunity—not just a legal shift. When your sleep environments meet the updated requirements, you demonstrate exemplary duty of care, respond to emerging evidence, and align directly with safe-sleep expectations approved nationally.
Contact us TODAY.
