Inappropriate conduct offence: section 166A

Last reviewed: 9 November 2026. Checked against section 166A of the Education and Care Services National Law (current Queensland reprint, legislation.qld.gov.au) and ACECQA’s child safety information sheets, on 9 November 2026. General information, not legal advice.

Quick answer

Since 27 February 2026, section 166A of the National Law makes it an offence to subject a child to conduct that a reasonable person would consider to be inappropriate in an education and care service. It applies to staff members and volunteers (up to $34,200), to nominated supervisors and approved providers personally, and as a duty on the provider and nominated supervisor to ensure no child is subjected to it (up to $172,000 for a provider that is not an individual). Whether conduct is inappropriate depends on the circumstances, including whether it is generally accepted practice, whether it is likely to cause harm, the child’s age and stage of development, and whether it is sexual, aggressive or violent. A child’s consent is irrelevant, and filming or photographing a child counts as conduct.

Who the section 166A offence applies to, how "inappropriate" is judged, what counts as conduct, the penalties, and what it means for codes of conduct and supervision.

Who it applies to

DutyWhoMaximum penalty
Ensure no child is subjected to inappropriate conduct while being educated and cared forApproved provider$34,200 (individual); $172,000 (other)
Ensure no child is subjected to inappropriate conductNominated supervisor$34,200
Not subject a child to inappropriate conductApproved provider; nominated supervisor; staff member; volunteer$34,200 each

Source: section 166A(1) to (6). A breach can also lead to a suspension direction, a supervision direction for a staff member or volunteer, or a training direction for a nominated supervisor.

How “inappropriate” is judged

It depends on the circumstances (s 166A(7), (8)), which may include:

It does not matter whether the child consented, whether the person believed the child consented, or whether the person is related to the child. Conduct includes an act or an omission, on a single occasion, on several occasions or as part of an ongoing pattern, and capturing an image of a child is itself conduct (s 166A(8) to (11)).

How it differs from section 166

Section 166 already prohibits corporal punishment and discipline that is unreasonable in the circumstances. Section 166A is wider: it covers any conduct a reasonable person would see as inappropriate in a service, not only discipline, and it can be an omission as well as an act. See regulation 155 and section 166.

What providers should do

Frequently asked questions

What is the inappropriate conduct offence in childcare?

Section 166A of the National Law, in force from 27 February 2026, makes it an offence to subject a child to conduct that a reasonable person would consider inappropriate in an education and care service. It applies to staff, volunteers, nominated supervisors and approved providers.

What is the penalty for inappropriate conduct towards a child in childcare?

Up to $34,200 for a staff member, volunteer, nominated supervisor or individual provider, and up to $172,000 for a provider that is not an individual who fails to ensure no child is subjected to it.

Does a child's consent matter under section 166A?

No. It is immaterial whether the child consented, whether the person believed the child consented, or whether the person is related to the child.

Is taking a photo of a child inappropriate conduct?

Filming, recording or capturing an image of a child is 'conduct' for section 166A, so it is an offence if a reasonable person would consider it inappropriate in the circumstances.

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WIDEN Law answers National Quality Framework questions with inline citations to the National Law, the Regulations and the NQS, so you can check the source provision yourself.

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This page is a research summary, not legal or compliance advice. It is written in our own words from the sources linked on the page; confirm the position with your regulatory authority before relying on it for a compliance decision.