Regulation 86 requires the approved provider to make sure a parent is notified as soon as practicable, and no later than 24 hours after the event, whenever their child is involved in any incident, injury, trauma or illness while being educated and cared for by the service. It covers every incident, not just serious ones, and carries a penalty of up to $6,600. Who was told, and when, must be written in the incident, injury, trauma and illness record (regulation 87). Serious incidents must also be notified to the regulator within 24 hours, a separate duty.
This page covers the duty to tell families: what triggers it, the timing, what to record, and how it differs from notifying the regulatory authority.
In plain terms, regulation 86 makes the approved provider responsible for ensuring that a child’s parent is told about any incident, injury, trauma or illness involving the child while in the service’s care. The deadline is as soon as practicable, with a hard limit of 24 hours after it happens. The maximum penalty is $6,600.
The incident, injury, trauma and illness record (regulation 87) must capture, among other things:
The record must be completed as soon as practicable and within 24 hours of the incident or the onset of the illness (r 87(4)). It must then be kept until the child turns 25 (regulation 183). The incident report guide has a field-by-field template.
Regulation 86 does not prescribe a method. Match the method to the seriousness, and keep evidence:
| Situation | Good-practice approach |
|---|---|
| Minor incident (small graze, minor bump to a limb) | Tell the parent at pick-up, show them the record, and have them acknowledge it. Pick-up must still be within 24 hours. |
| Head injury, injury needing first aid beyond a plaster, illness requiring collection | Phone call straight away, then the written record |
| Serious incident (see below) | Phone immediately, call emergency services if needed, then notify the regulator |
| Parent can’t be reached | Try the other parent and the emergency contacts on the enrolment record, and record every attempt with its time |
Recording failed attempts matters. Regulation 87 explicitly asks for attempted notifications, and it is how a service shows it acted “as soon as practicable”.
Telling the family does not replace notifying the regulatory authority. A serious incident, as defined in regulation 12, must be notified to the regulator within 24 hours (section 174(2)(a) of the Law and regulation 176). Serious incidents include:
Allegations or incidents of physical or sexual abuse now also have a 24-hour notification timeframe, down from 7 days, as part of the child safety reforms. ACECQA’s reporting requirements page and National Decision Tree set out every notification type.
Regulation 86 of the Education and Care Services National Regulations requires the approved provider to ensure a parent is notified as soon as practicable, and no later than 24 hours after the event, if their child is involved in any incident, injury, trauma or illness while being educated and cared for by the service.
As soon as practicable, and never later than 24 hours after the incident, injury, trauma or illness (regulation 86). Serious matters should be communicated immediately.
Yes. Regulation 86 applies to any incident, injury, trauma or illness, not only serious ones. Minor matters can be explained at pick-up if that is within 24 hours, and the notification must be recorded under regulation 87.
Regulation 87 requires the name of any person the service notified or attempted to notify, and the time and date of each notification or attempt, plus the name and signature of the person making the entry.
Regulation 86 is about telling the child's parent about any incident. A serious incident, as defined in regulation 12, must also be notified to the regulatory authority within 24 hours under section 174 of the Law and regulation 176.
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.
14-day free trial, no card →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.