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.
| Duty | Who | Maximum penalty |
|---|---|---|
| Ensure no child is subjected to inappropriate conduct while being educated and cared for | Approved provider | $34,200 (individual); $172,000 (other) |
| Ensure no child is subjected to inappropriate conduct | Nominated supervisor | $34,200 |
| Not subject a child to inappropriate conduct | Approved 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.
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)).
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.
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.
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.
No. It is immaterial whether the child consented, whether the person believed the child consented, or whether the person is related to the child.
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.
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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