The restriction on personal devices applies to anyone ‘working directly with children’ in an approved ECEC service.

Working directly with children means being physically present with a child or children and employed, engaged or appointed to provide education and care to the child or children. Short breaks are not considered ‘working directly with children’ unless children are physically present during the break.

Relevant persons include:

• approved providers
• service leaders, including nominated supervisors, area managers, family day care coordinators, and persons in management and control
• teachers and educators (including casual and agency staff)
• family day care educators
• employees
• volunteers
• paid or unpaid third parties delivering programs or activities to children in a service*
• anyone involved in the provision of an approved ECEC service in any other capacity (including students and contractors).

*Third-party professionals (such as allied health professional, photographers or tertiary provider representatives assessing students on practicum at a service) can use a device that is:

• issued by their business or institution
• used only for work purposes (not personal use).

Services should manage third-party professionals that use devices through their risk management processes. This may include a verbal confirmation that they are using a business issued device and/or recording this information in their visitor register.

The restrictions do not apply to people who do not work directly with children and are not providing education and care, such as:

• families (e.g. who are dropping off or collecting their children or attending service events)
• NSW Police
• officers from regulatory services (including NSW Early Learning Commission, NSW Office of the Children’s Guardian compliance officers and NSW Food Authority authorised officers)
• visitors not working directly with children (e.g. tradespeople on site for maintenance, news media professionals on site for media opportunities)
• children (e.g. school aged children using their devices at outside of school hours care services).

Approved providers should review service policies and procedures to ensure child safety remains a priority and that risks of harm to children are minimised while people who are not employed or engaged by the service are onsite.

For example, services may develop policies, procedures and risk assessments regarding photography at events or media opportunities, resulting in service-specific practices or restrictions. 

The restriction applies to any personal device that is capable of taking, storing or transmitting (sending or receiving) images and/or videos – even if settings are turned off.

Examples include but are not limited to:

• mobile phones

• smartwatches that can receive, store or transmit an image, even if the smartwatch does not have a camera
• tablets

• computers

• cameras

• wearables, such as smart/camera glasses

• USB drives

• memory cards

• hard drives.

Service-supplied or service-authorised devices should be used during excursions, regular outings and/or transportation.

Services should consider whether excursion planning, staffing arrangements and access to service devices are sufficient to meet safety and education and care requirements without routine reliance on personal devices.

During excursions personal devices may only be used if they are necessary for the safety of children or to support the education and care of children.

Services should ensure educators do not rely on personal devices – exceptions for excursions are limited and only apply if there is a genuine need to support child safety and the education and care of children, and that need could not reasonably be foreseen.

Under Section 175J of the National Law, approved providers of centre-based services may grant written authorisation for a staff member to possess or control a personal device capable of taking, storing and transmitting images and videos while working directly with children if the approved provider is reasonably satisfied that the possession or control is necessary for the purposes of:

• providing support or assistance with the person's disability or health needs
• communicating with a family member of the person
• safety or the provision of education and care to the children if a service-supplied device ceases working
• use in an emergency
• work health and safety.

An approved provider who authorises a personal device must record the authorisation in writing.

Authorisations required in centre-based services

Approved providers must give written authorisation in advance, except in circumstances where it is not practical to give prior authorisation such as in emergency situations.

The written authorisation must be kept for a minimum of 3 years and include the:

• service details
• person’s details
• reasons for the authorisation
• duration of the authorisation.

A written authorisation is valid for not longer than 3 months after which time the approved provider must review the authorisation. If there are valid reasons to continue the authorisation the approved provider should document the date and outcome of the review and re-authorise the device and record the re-authorisation.

Please note: Existing authorisations that were granted under the Ministerial Order will remain valid but should be reviewed to ensure they meet requirements under the National Law provisions and the Regulator Direction.

A relevant person at a family day care service must not have a personal device under the person’s control (actively used) while the person is working directly with children, or while present with children, as part of the family day care service.

Personal devices can be in an FDC educator’s possession, such as in a pocket or worn.

Limited exceptions for the control of a device apply under Direction 11(3) of the Education and Care Services (Supply, Authorisation and Use of Devices) Order 2026 (PDF 306 KB). These include if the control of the personal device is necessary for the purposes of:

• providing support or assistance with the relevant person’s disability or health needs
• communicating with a family member of the relevant person for essential communication
• safety or the provision of education and care to children if a service supplied or service authorised device ceases working
• use in an emergency
• work health and safety
• essential communication with an institution (for example, a school, education and care service, hospital or aged care facility) concerning a family member of the relevant person
• any other essential communication.

A relevant person at a family day care service does not require authorisation to control a personal device where exemptions under Direction 11(3) of the Education and Care Services (Supply, Authorisation and Use of Devices) Order 2026 apply.

In supplying a service-supplied device, approved providers must:

• ensure the device is configured to operate in line with service policies or procedures that relate to child safety or device security
• record the supply of the device, which must include:
  • the date of the supply of the device
  • the type of device that is supplied
  • the make, model and serial number of the device (if available)
  • a declaration that the device is configured to operate in line with service policies or procedures that relate to child safety or device security
  • the name and signature of the approved provider or their authorised delegate supplying the device
  • if applicable, the date of any revocation of the supply of the device and the name and signature of the approved provider or their authorised delegate authorising the revocation
• keep a record of the supply of the device in a safe and secure place at the service premises for at least 3 years from the date on which the authorisation record was made.

In authorising a service-authorised device, an approved provider must:

• ensure the device is configured to operate in line with service policies or procedures that relate to child safety or device security
• record the authorisation in writing
• include the following details in the authorisation
  • the date of the authorisation
  • the type of device that is authorised
  • if available, the make, model and serial number of the device
  • a declaration that the device is configured to operate in line with service policies or procedures that relate to child safety or device security
  • the name and signature of the approved provider or their authorised delegate authorising the device
  • if applicable, the date of any revocation of the authorisation and the name and signature of the person authorising the revocation
• keep a record of the authorisation in a safe and secure place at the service premises for at least 3 years from the date on which the authorisation record was made.