No Personal Devices Ban (per se) in NSW from 1 September 2025

As best as ACA NSW can confirm, at the time of publishing this article, there is no ban per se on personal devices at NSW-based early childhood education and care (ECEC) services. Only service-issued devices are to be used to take images or videos of children while providing education and care. And possession of personal devices can be allowed for authorised essential purposes such as emergencies, health and family needs.

Moreover, there is also no ban on the use of personal devices by the following people and circumstances:

1. parents and family members who are on-site when they are dropping off, picking up, visiting their children or are there for events that involve their children and other children;

2. prospective children’s parents and family members who are on-site for tours of the service;

3. services’ supply chain people (eg electricians, plumbers, landlords, food deliverers, cleaners, consultants) for their work on-site during operational hours;

4. services’ supply chain people for their work on-site outside operational hours; and

5. any of the above who need their devices for health or other legitimate reasons.

ACA NSW is also continuing to seek further regulatory clarification/guidance, including on:

• protocols and tools to identify and remove unauthorised surveillance;

• minimum infrastructure standards to prevent cyberattacks;

• publishing and management of images and videos of children (eg to prevent manipulation); and

• safe recording, retention and disposal of images and videos of children.

Some confusion may be arising as South Australia and Western Australia have announced those states' restrictions.

NSW-based Approved Providers and their services are encouraged to refer to:

• NSW Department of Education's New child safety requirements advice;

• ACECQA's Safe Use of Digital Technologies and Online Environments; and

• best practice guidance;

... when developing their policies and procedures for the safe use of digital technologies and environments – a requirement from 1 September 2025.

Please note that ACA NSW has template policies and procedures that are free for ACA NSW members and accessible when using their ACA NSW username and password. 

• Regulation 168 related

  • Information Technology and Social Media Policy and Procedure Template 

  • Child Protection NSW Policy and Procedure Template

  • Child Safe and Wellbeing NSW Policy and Procedure Template 

  • Online Safety for Children Policy and Procedure Template

• Member Plus section

  • Approved Digital Programs and App's Record Form Template (Optional) 

Along with the National Model Code and Guidelines, two new guides have been released to help the sector prepare for this change:

• NQF Child Safe Culture Guide (172 pages) – embedding child safe cultures in education and care services.

• NQF Online Safety Guide (180 pages) – embedding child safe online environments in education and care services.

Such resources can guide services’ child safe practices in situations and activities that are not explicitly covered by regulatory bans or requirements. These resources can be found on ACECQA’s website.

Please note that from 1 January 2026, changes are also anticipated to the National Quality Standard in relation to child safety in Quality Area 2 - Children's Health and Safety and Quality Area 7 - Governance and Leadership.

For more information, members can contact the ACA NSW team via 1300 556 330 or nsw@childcarealliance.org.au.

PUBLISHED: 28 AUGUST 2025