Smoking, vaping, drugs and alcohol in childcare: regulations 82 and 83

Last reviewed: 9 November 2026. Checked against regulations 82 and 83 of the Education and Care Services National Regulations, Queensland Health guidance on educational facilities and Victorian Department of Health guidance under the Tobacco Act 1987, on 9 November 2026. General information, not legal advice.

What the National Regulations and state smoking laws require around tobacco, vapes, alcohol, drugs and medication in childcare, and how to put it into a staff policy.

Regulation 82: a smoke, vape, drug and alcohol-free environment

Under regulation 82(1), the approved provider must make sure children are provided with an environment free from the use of tobacco, vaping devices, vaping substances, illicit drugs and alcohol. Regulation 82(2) puts the same duty on a family day care educator. The maximum penalty is $6,600. The regulation now names vaping devices and substances expressly, so a vape is treated the same as a cigarette.

The duty is about the children’s environment. In practice, that means:

• no smoking or vaping anywhere children can see it or be exposed to it, including on excursions and regular outings;
• no alcohol consumed at the service while children are being educated and cared for, including at family events held during care hours;
• in family day care, residents and visitors at the residence must not smoke, vape, drink or use drugs around the children in care (see family day care residents and visitors).

Regulation 83: staff not affected by alcohol or drugs

Who	Rule	Regulation
Approved provider	Must ensure no nominated supervisor, staff member or volunteer is affected by alcohol or drugs, including prescription medication, so as to impair their capacity to supervise or care for children	r 83(1)
Nominated supervisor	Must not consume alcohol, or be impaired by alcohol or drugs (including prescription medication), while educating and caring for children	r 83(2)
Family day care educator	The same rule while providing education and care	r 83(3)

Prescription medication is included because the test is impairment, not legality. An educator taking a medicine that causes drowsiness should tell the service, and the roster should be adjusted if their capacity to supervise is affected. Supervision itself is a National Law duty with a much higher penalty (supervision plan).

State smoking and vaping bans near childcare

State	Ban	Source
Queensland	Smoking, including all smoking products and vapes, is banned at early childhood education and care facilities and for 5 metres beyond their boundaries. If the facility is also a home, the ban does not apply when no care is being provided	Queensland Health
Victoria	Smoking and vaping are banned within the grounds of childcare centres, kindergartens and preschools, and within 4 metres of an entrance, while the premises are used for a children’s service. Occupiers must display a ‘No smoking’ sign at entrances. Family day care premises are excluded	Victorian Department of Health (Tobacco Act 1987)
Other states and territories	Check the state health department’s smoke-free laws. Regulation 82 applies everywhere regardless	r 82

Putting it into a policy

Regulation 168 does not list a separate drug and alcohol policy. Most services cover it in the staffing policy or code of conduct, which regulation 168 does require. See staffing policy and code of conduct. A workable policy covers:

• a smoke-free, vape-free, alcohol-free and drug-free rule for the premises, outings, excursions and transport, applying to staff, families, contractors and visitors;
• where staff may smoke or vape on a break: off the premises, out of children’s sight, and outside any state buffer zone;
• a duty for staff to report medication that may impair them, and what the nominated supervisor does with that report;
• what happens when a parent or authorised nominee arriving to collect a child appears affected by alcohol or drugs. This links to the delivery and collection policy and, where a child may be at risk, to mandatory reporting.

Assessors look at this under NQS Standard 2.1 (health). Include the rule in the staff induction checklist.

Frequently asked questions

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.