Regulation 99 Authorisations for Collecting Children Explained

Understanding Regulation 99 Authorisations for Collecting Children

Regulation 99 authorisations are a fundamental safeguarding requirement under the Education and Care Services National Law. For approved providers, nominated supervisors, and centre directors, understanding how to implement and manage Regulation 99 properly is essential to keeping children safe and maintaining compliance with the National Quality Framework.

This guide explains what Regulation 99 authorisations are, who needs them, what documentation is required, and how to manage them effectively in your service.

Key Takeaways

• Regulation 99 requires written authorisation from families for any person other than a parent who is authorised to collect their child
• Authorisation must be documented and held at the service, with clear identification details of the authorised person
• Changes to authorisations must be updated promptly and communicated to all staff responsible for release of children
• Verification of identity is essential—staff must sight identification before releasing a child to an authorised person
• Non-compliance risks include regulatory action, reputational damage, and most importantly, potential harm to children
• Regulation 99 links directly to NQS Quality Area 2 (Children's Health and Safety) and Element 2.3.1 on supervision and risk minimisation

What is Regulation 99 Authorisation?

Regulation 99 of the Education and Care Services National Regulations requires that an approved provider must ensure each child attending the service is only released into the care of a person who is authorised by the child's parents or guardians to collect the child.

In plain language: you cannot release a child to anyone—even if the person appears trustworthy or claims to be a family member—unless the parents have given written permission for that person to collect their child. This is a critical child safety protection that sits at the heart of the National Quality Framework.

The regulation applies to all educational and care services, including long day care centres, family day care, preschools, and outside school hours care services.

Who Needs a Regulation 99 Authorisation?

Any person other than a parent or guardian who is authorised to collect a child must be named on a Regulation 99 authorisation form. This typically includes:

• Grandparents and other family members
• Family friends or neighbours
• Designated emergency contacts
• Older siblings (if aged appropriately)
• Childcare relief workers or babysitters
• School staff (for transition arrangements)

Each person must be individually authorised and listed. You cannot operate under a blanket authorisation such as "any family member" or "any person the parent nominates at collection time."

Documentation Requirements for Regulation 99 Authorisations

The National Regulations require that Regulation 99 authorisation information is recorded and accessible. Your service should maintain a system (typically the enrolment form or a dedicated authorisation register) that captures:

• Full name and date of birth of each authorised person
• Relationship to the child (e.g., grandmother, family friend)
• Contact details including phone number
• Physical description or identifying features (helpful for staff verification)
• Identification document type sighted by staff (e.g., driver's licence, passport number)
• Parent/guardian signature and date of authorisation
• Any restrictions or conditions (e.g., "not to be collected by this person if parent verbally indicates otherwise")

As part of broader Regulation 168 essential policies and procedures, your service should have a clear policy on how Regulation 99 authorisations are collected, reviewed, and updated, and who is responsible for managing them.

How to Verify Identity at Collection

Writing down an authorisation is only half the battle. When a person arrives to collect a child, staff must:

1. Check the authorisation list to confirm the person's name is recorded
2. Request photo identification from the person collecting the child (driver's licence, passport, etc.)
3. Match the identification to the name and details on the authorisation form
4. Record the collection in your attendance or sign-out system (some services use an attendance app)
5. Release the child only when satisfied the person is who they claim to be

If a person arrives without authorisation or identification cannot be verified, do not release the child. Contact the parents immediately to clarify. This may feel awkward, but it is non-negotiable child protection protocol.

Managing Changes to Authorisations

Families' circumstances change. A parent may need to add or remove someone from the authorised list—perhaps due to family breakdown, moving house, or simply changing childcare arrangements.

Your service must have a clear process for:

• Accepting updated authorisation forms (ideally in writing, though verbal updates may be recorded and followed up in writing)
• Communicating changes promptly to all staff, including those who work part-time or irregular shifts
• Removing unauthorised persons from the list immediately (do not wait until the next roster change)
• Documenting the date of change and who authorised it
• Retaining previous authorisation records for audit and safeguarding purposes

Technology can help. Many centres use digital enrolment systems or apps that flag changes to all staff instantly. WIDEN Law can help you understand how Regulation 99 fits into your broader National Quality Framework compliance.

Regulation 99 and the National Quality Standard

Regulation 99 directly supports NQS Quality Area 2: Children's Health and Safety, particularly Element 2.3.1, which requires services to "manage risk and use reasonable precautions to protect children from harm and hazards in the education and care environment."

By enforcing Regulation 99 authorisations, your service demonstrates a proactive, documented approach to child safety—a key indicator of quality. Inspectors will review your authorisation processes during assessment against the NQS. Learn more about NQS Quality Areas and how they interconnect with regulation.

Common Pitfalls and How to Avoid Them

Pitfall 1: Relying on verbal authorisation only. Always require written authorisation. A phone call from someone claiming to be the parent is not sufficient—someone could impersonate them.

Pitfall 2: Not updating staff on changes. If a parent emails to remove someone from the authorisation list, ensure every educator and staff member knows immediately, especially those on the floor. Use a staff communication log.

Pitfall 3: Skipping identity verification. It may feel rude to ask for ID from someone you recognise, but it is your duty. Politely explain it is your service's safety policy and applies to everyone equally.

Pitfall 4: Losing or disorganising authorisation records. Keep authorisations in a secure, accessible location (physical or digital). Do not scatter forms across different staff folders. Centralise them and audit monthly.

Pitfall 5: Collecting authorisation but not reviewing it. Authorisation information should be reviewed and refreshed annually, at minimum. Ask families to confirm or update their authorised persons each year at re-enrolment.

Regulation 99 in Context: Other Related Regulations

Regulation 99 sits within a broader ecosystem of child safety regulations. It works alongside:

• Regulation 168 (Policies and Procedures)—your service must have a policy on authorised collection and release of children
• Regulation 102 (Supervision of children)—staff must maintain awareness of all children's whereabouts and who is collecting them
• Regulations 175 and 176 (Serious Incident Notifications)—if an unauthorised person attempts to remove a child, this may be a serious incident requiring notification to the regulator

Familiarise yourself with all National Regulations affecting your service to ensure a cohesive, compliant approach.

Frequently Asked Questions

What is Regulation 99 authorisation?

Regulation 99 requires written parental authorisation for any person (other than the parent) who collects a child. The authorisation must list the person's name, contact details, relationship, and be held at the service with verified identification sighted at collection.

Can a parent authorise collection by phone?

No. Regulation 99 requires written authorisation. A phone call is not sufficient and creates safety risks. Parents must complete an authorisation form. If an emergency arises, document the verbal request in writing and follow up with the parent to confirm in writing within 24 hours.

What should I do if someone arrives to collect a child but is not on the authorisation list?

Do not release the child. Contact the parent or guardian immediately to confirm whether the person is authorised. If the parent confirms the authorisation verbally, add the person to the list in writing and sight identification before release. Update all staff immediately.

How often should Regulation 99 authorisations be reviewed?

At minimum, annually at re-enrolment. However, services should encourage families to update authorisations whenever circumstances change (e.g., relationship breakdown, relocation). Document all changes and communicate to staff promptly.

Does Regulation 99 apply to family day care?

Yes. All approved education and care services, including family day care, must comply with Regulation 99. Family day care educators should maintain the same written authorisation records and identity verification processes as centre-based services.

Why Regulation 99 Compliance Matters

Regulation 99 is not bureaucratic red tape—it is a practical safeguard against child abduction, unauthorised access, and family disputes. Centres that implement rigorous Regulation 99 processes demonstrate a commitment to child safety and reduce legal liability.

Regulators prioritise this area during quality assessments. Non-compliance can result in regulatory action, fines, or conditions placed on your service approval. More importantly, proper Regulation 99 compliance protects children from harm.

WIDEN Law's AI compliance research tool answers National Quality Framework questions in seconds, with citations to the National Law, Regulations, and NQS. Try it free for 14 days at widenlaw.com.au