NSW has 10 Child Safe Standards, set out in the Children’s Guardian Act 2019 as part of the NSW Child Safe Scheme. They are based on the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse. NSW early childhood education and care services, including outside school hours care, must implement them. The Office of the Children’s Guardian (OCG) regulates the scheme and can take enforcement action. They sit alongside, not instead of, the National Quality Framework.
The 10 standards in full, what each one looks like in a childcare service, how they fit with the NQS and the National Regulations, and who enforces them.
The standard titles are as published by the NSW Government. The right-hand column is our plain-language summary of what each one looks like in a service.
| # | Standard | In a childcare service |
|---|---|---|
| 1 | Child safety is embedded in leadership, governance and culture | Leaders own child safety. It appears in the service’s values, code of conduct, board or owner reporting and day-to-day decisions. |
| 2 | Children participate in decisions affecting them and are taken seriously | Children are asked what makes them feel safe, in ways that suit their age, and their views change what the service does. |
| 3 | Families and communities are informed and involved | Families know the service’s child safe approach, how to raise concerns, and have a say in policies. |
| 4 | Equity is upheld and diverse needs are taken into account | Extra attention for children who face higher risk or barriers to speaking up, including Aboriginal children, children with disability and children from culturally diverse backgrounds. |
| 5 | People working with children are suitable and supported | Safe recruitment, Working with Children Checks, referee checks that ask about child safety, induction and supervision. |
| 6 | Processes to respond to complaints of child abuse are child-focused | Clear, accessible complaint processes that children and families can use, with timely, fair responses and reporting to authorities. |
| 7 | Staff are equipped with the knowledge, skills and awareness to keep children safe through continual education and training | Regular training on recognising grooming and abuse, boundaries and reporting obligations. |
| 8 | Physical and online environments minimise the opportunity for abuse to occur | Sightlines, supervision of toilets and sleep areas, and rules for devices and images of children. |
| 9 | Implementation of the Child Safe Standards is continuously reviewed and improved | Regular review of incidents, complaints and practice, with changes made as a result. |
| 10 | Policies and procedures document how the organisation is child safe | A child safe policy and procedures that describe what the service actually does, kept current and known to staff. |
The Child Safe Scheme applies to child-related organisations in NSW. That includes education, early childhood, health, community services and youth justice organisations, as well as local councils and religious organisations (OCG). The NSW Early Learning Commission confirms that ECEC services, including OSHC must implement the Standards, and it worked with the OCG on a guide for ECEC and OSHC services.
The Office of the Children’s Guardian regulates the Child Safe Scheme. It takes an education-first approach, but since 1 February 2023 it has had powers to monitor, investigate and enforce how organisations implement the Standards. Separately, the NSW Early Learning Commission regulates services under the National Law and assesses them against the NQS. A service can be asked about child safety by both.
Other states have their own child safe frameworks, such as Victoria’s Child Safe Standards. See child protection requirements by state.
1 Child safety is embedded in leadership, governance and culture; 2 Children participate in decisions affecting them and are taken seriously; 3 Families and communities are informed and involved; 4 Equity is upheld and diverse needs are taken into account; 5 People working with children are suitable and supported; 6 Processes to respond to complaints of child abuse are child-focused; 7 Staff are equipped with the knowledge, skills and awareness to keep children safe through continual education and training; 8 Physical and online environments minimise the opportunity for abuse to occur; 9 Implementation of the Child Safe Standards is continuously reviewed and improved; 10 Policies and procedures document how the organisation is child safe.
Yes. NSW early childhood education and care services, including outside school hours care, are required to implement the Child Safe Standards under the NSW Child Safe Scheme in the Children's Guardian Act 2019.
The Office of the Children's Guardian, which has had powers since 1 February 2023 to monitor, investigate and enforce implementation of the Standards.
They overlap with NQS Element 2.2.3 (child safety and protection) and the child safe wording in Quality Area 7. Services in NSW must meet both the Standards and the National Quality Framework.
They are based on the 10 Child Safe Standards recommended by the Royal Commission into Institutional Responses to Child Sexual Abuse, and are embedded in the Children's Guardian Act 2019.
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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