Paramount consideration: section 2A explained

Last reviewed: 8 November 2026. Checked against section 2A of the Education and Care Services National Law (as published on the Queensland legislation site) and ACECQA’s Understanding paramount consideration information sheet, on 8 November 2026.

Quick answer

Since 27 February 2026, section 2A of the National Law makes the safety, rights and best interests of children the paramount consideration in running an education and care service. It moved from a guiding principle to a statutory duty that regulators can enforce. It binds approved providers, persons with management or control, persons in day-to-day charge, nominated supervisors, staff and volunteers (including students), who must apply it when making decisions or taking action about the service. A company’s constitution, an association’s rules and a partnership agreement are treated as including it, and for company directors it displaces inconsistent Corporations Act duties.

What section 2A says, who it binds, how it changes governance, and how a service can show it is applying the duty.

What section 2A says

Section 3 of the National Law now lists the paramount consideration as the first guiding principle of the National Quality Framework. Section 2A itself carries no penalty, but ACECQA notes it is enforceable and regulators will consider how it is being met when they exercise their functions.

How it applies by role

RoleWhat it looks like in practice
Approved provider and PMCsGovernance documents, budgets, staffing and growth decisions put children’s safety, rights and best interests first, and the reasoning is recorded. See PMC duties.
Nominated supervisor and person in day-to-day chargeRosters, supervision plans, incident responses and complaint handling prioritise children over convenience or cost.
Educators and staffEveryday decisions, such as supervision positions, responding to concerns and reporting, put the child first.
Volunteers and studentsFollow the service’s child safe practices and raise concerns.

ACECQA says the duty will look different by role: a board member applies it through governance, while an educator applies it in direct work with children.

How to show you are applying it

Reflective questions for your team

ACECQA’s information sheet sets out reflective questions for providers and for each quality area. In our own words, they include:

Frequently asked questions

What is the paramount consideration in childcare?

Under section 2A of the National Law, the safety, rights and best interests of children is the paramount consideration in operating an education and care service and delivering education and care. Since 27 February 2026 it is a statutory duty.

Who does the paramount consideration apply to?

Approved providers, persons with management or control, persons in day-to-day charge, nominated supervisors, staff members and volunteers, including students.

Does the paramount consideration override the Corporations Act?

Section 2A(4) declares key parts of section 2A to be Corporations legislation displacement provisions, so the duty prevails over inconsistent duties of company directors under the Corporations Act 2001.

Is there a penalty for breaching section 2A?

Section 2A has no penalty of its own, but ACECQA describes it as an enforceable obligation, and regulators consider how it is being met when exercising their functions.

How can a provider show it applies the paramount consideration?

By building it into governance documents and policies, recording how significant decisions weighed children's safety, rights and best interests, recruiting with children's safety in mind, involving children in decisions, and reflecting on it in the QIP.

Ask the question in your own words

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.