Quality Area 2, Children’s health and safety, has 2 standards (2.1 Health, 2.2 Safety) and 6 elements. The NQS describes it this way: “Every child’s health and wellbeing is safeguarded and promoted.” Services are rated Working Towards, Meeting or Exceeding NQS against each standard, and the standard ratings determine the quality area rating.
Quality Area 2 covers health, safety, supervision, incidents and child protection. It is the quality area with the most regulations behind it, the one most likely to trigger compliance action rather than just a rating, and the one most changed by the 2025 and 2026 child safety amendments. The current reprint renames Element 2.2.3 to Child safety and protection.
Wording reproduced from Schedule 1 of the Education and Care Services National Regulations, reprint current as at 12 August 2026.
| Number | Concept | Standard / element |
|---|---|---|
| Standard 2.1 | Health | Each child’s health and physical activity is supported and promoted. |
| 2.1.1 | Wellbeing and comfort | Each child’s wellbeing and comfort is provided for, including appropriate opportunities to meet each child’s need for sleep, rest and relaxation. |
| 2.1.2 | Health practices and procedures | Effective illness and injury management and hygiene practices are promoted and implemented. |
| 2.1.3 | Healthy lifestyle | Healthy eating and physical activity are promoted and appropriate for each child. |
| Standard 2.2 | Safety | Each child is protected. |
| 2.2.1 | Supervision | At all times, reasonable precautions and adequate supervision ensure children are protected from harm and hazard. |
| 2.2.2 | Incident and emergency management | Plans to effectively manage incidents and emergencies are developed in consultation with relevant authorities, practised and implemented. |
| 2.2.3 | Child safety and protection | Management, educators and staff are aware of their roles and responsibilities regarding child safety, including the need to identify and respond to every child at risk of abuse or neglect. |
The 2026 amendment regulations inserted Divisions 4A and 4B into Chapter 4. Under regulation 128B the approved provider must ensure each person specified in section 162A of the Law completes the jurisdiction’s child protection training published on the ACECQA website before the earlier of 14 days after they start or the day they first work directly with children. Under regulation 128D each person specified in section 162B completes foundation child safety training on the same timetable and then every 2 years. Under regulation 128E the person with management or control, each nominated supervisor, each person in day-to-day charge and each staff member who works directly with children completes advanced child safety training within 3 months of starting and every 2 years.
Transitional rule (regulations 417 to 419): people already employed when the rules commenced had to complete the child protection and foundation training before 27 August 2026; the advanced training is due within 6 months of ACECQA publishing it. Queensland, the ACT and Victoria have modified transitional arrangements. If your staff record cannot show these completions, expect a finding under Element 2.2.3 and a compliance question outside the rating process.
Exceeding is judged standard by standard against the three themes. For this quality area the Guide to the NQF and the assessor evidence typically point to:
Each element is assessed as Met or Not Met. A standard is rated Meeting NQS only when every element under it is met; one unmet element makes the standard Working Towards NQS. A standard can be rated Exceeding NQS when the service shows all three Exceeding themes for that standard: practice is embedded in service operations, practice is informed by critical reflection, and practice is shaped by meaningful engagement with families and/or the community. Standard ratings roll up to the quality area, and the quality area ratings roll up to the overall rating: one Working Towards quality area caps the overall rating at Working Towards. An overall Exceeding NQS rating needs at least four quality areas rated Exceeding, including at least two of Quality Areas 1, 5, 6 and 7. The rating levels themselves are prescribed by regulation 57.
Standard 2.1 Health: 2.1.1 Wellbeing and comfort, 2.1.2 Health practices and procedures, 2.1.3 Healthy lifestyle. Standard 2.2 Safety: 2.2.1 Supervision, 2.2.2 Incident and emergency management, 2.2.3 Child safety and protection. Six elements in total.
Yes. The current reprint of Schedule 1 names it Child safety and protection and requires management, educators and staff to be aware of their roles and responsibilities regarding child safety, including the need to identify and respond to every child at risk of abuse or neglect. The earlier wording was limited to identifying and responding to children at risk.
No. Regulation 123 sets the minimum number of educators; section 165 of the Law requires children to be adequately supervised at all times, and Element 2.2.1 assesses whether supervision is actually adequate. A service can meet the ratio and still fail supervision, for example when educators in ratio are completing documentation with their backs to the children.
Within 24 hours of the incident, or of becoming aware of it, under regulation 176, for the incidents defined in regulation 12 (death, serious injury or trauma or illness requiring attendance at hospital, emergency services attending, a child missing or unaccounted for, taken or removed, or locked in or out). Circumstances posing a significant risk are notified within 7 days.
Regulation 128B child protection training and regulation 128D foundation child safety training apply to the persons specified in sections 162A and 162B of the Law, before the earlier of 14 days after starting or first working directly with children. Regulation 128E advanced training applies to the person with management or control, nominated supervisors, persons in day-to-day charge and staff who work directly with children, within 3 months and then every 2 years.
Type the element number or the situation in your room. WIDEN Law answers with the regulation, the NQS element and the Guide to the NQF passage it relied on, so you can check the source.
14-day free trial, no card →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.