Childcare emergency and evacuation procedures: regulation 97, the risk assessment, quarterly rehearsals and lockdown

Last reviewed: 29 October 2026. Checked against the Education and Care Services National Regulations, reprint current as at 12 August 2026.

Quick answer

Regulation 97 requires emergency and evacuation procedures (under the regulation 168(2)(e) policy) that set out instructions for what must be done in an emergency and an emergency and evacuation floor plan, with extra content for premises in a shared multi-storey building; a risk assessment to identify the emergencies relevant to the service (97(2)), reviewed at a centre-based service at least every 12 months and after any circumstance affecting safe evacuation (97(2A)), with the procedures updated afterwards (97(2B)); rehearsals every 3 months by the staff, volunteers, children and the responsible person present on the day, documented (97(3)); and the floor plan and instructions displayed in a prominent position near each exit (97(4)). Each carries a $6,600 penalty. Regulation 98 requires an operating telephone or other means of contacting emergency services. The practice is assessed under Element 2.2.2.

Emergency procedures are the one area of the Regulations where the evidence is a calendar: four rehearsals a year, one risk assessment review a year, a plan by every exit. Missed rehearsals are the most common regulation 97 finding and the easiest to avoid. This page sets out each requirement, what the risk assessment should cover beyond fire, what a rehearsal record needs, the lockdown question, and family day care.

What the procedures must set out (regulation 97(1))

The risk assessment (regulation 97(2) to (2B))

The approved provider must ensure a risk assessment is conducted to identify the potential emergencies relevant to the service. Fire is the starting point, not the list. Emergencies regulators expect a service to have considered, where relevant to its location:

At a centre-based service the risk assessment is reviewed at least every 12 months and as soon as practicable after any circumstance that may affect safe evacuation, for example a building change, a new room, a change in the children’s mobility or a nearby development, and the procedures are updated afterwards. Keep the dated review with the procedures.

Rehearsals (regulation 97(3))

Display (regulation 97(4)) and communication (regulation 98)

A copy of the floor plan and the instructions must be displayed in a prominent position near each exit, including in a family day care residence or venue. The plan displayed must match the room it is in: a plan for the whole building taped by the back door of the toddler room is the usual finding. Regulation 98 requires an operating telephone or other means of communication that enables immediate contact with emergency services, parents and the regulatory authority, at the premises and, for family day care, at each residence and venue, available to educators at all times.

What goes with the procedures

Where emergency procedures go wrong

Frequently asked questions

How often must emergency drills be done in childcare?

Every 3 months, under regulation 97(3), by the staff members, volunteers and children present on the day and the responsible person present at the time; in family day care, every 3 months by each educator with the children in care that day. Each rehearsal must be documented. The penalty for non-compliance is $6,600.

What must a childcare emergency and evacuation plan include?

Under regulation 97(1): instructions for what must be done in an emergency and an emergency and evacuation floor plan; for premises in a shared multi-storey building without direct egress, the evacuation routes, how all children including non-ambulatory children will be evacuated, the stages, the person in charge, staff roles and the arrangements with the other occupants. The plan and instructions must be displayed near each exit (97(4)).

Is a lockdown procedure required in childcare?

Regulation 97 does not name lockdown, but 97(2) requires a risk assessment to identify the emergencies relevant to the service, and an intruder, a violent person, a nearby police operation or a hazardous release are relevant to most services. Regulators and assessors expect a shelter-in-place procedure and evidence it has been rehearsed.

How often must the emergency risk assessment be reviewed?

At a centre-based service, at least every 12 months and as soon as practicable after becoming aware of any circumstance that may affect the safe evacuation of children, under regulation 97(2A), with the procedures updated afterwards under 97(2B).

What should be in a childcare emergency evacuation bag?

The Regulations do not list contents. Regulator guidance and practice: the attendance record, emergency contact details for every child, medication and medical management plans for the children present, a first aid kit, a charged phone with emergency numbers, a torch, water, nappies and wipes, and a high-visibility vest for the person in charge. Check it at each rehearsal.

Which NQS element covers emergency management?

Element 2.2.2, Incident and emergency management: plans to effectively manage incidents and emergencies are developed in consultation with relevant authorities, practised and implemented. Consultation with the fire service or the local emergency management body is part of the evidence.

Check your procedures against regulation 97

Ask what the multi-storey provisions require, or whether a particular scenario needs its own procedure. WIDEN Law answers with regulations 97 and 98 cited.

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This page is a research summary, not legal or compliance advice. Element and regulation wording is reproduced from the current reprint of the National Regulations; confirm the position with your regulatory authority before relying on it for a compliance decision.