Current identified areas of support

Authorised officers are noting similar trends across services from May to July 2026:

The current trends in compliance and monitoring visits relate to services not meeting the below law and regulations:

• Section 166A Inappropriate conduct
  • New provisions in the National Law introduce offences in relations to inappropriate conduct. Services must ensure that all educators understand their obligations to prevent, identify and respond to inappropriate conduct.
  • Services must ensure that all educators maintain profession conduct at all times and do not subject children to behaviour that a reasonable person would consider inappropriate.
• Section 166 Inappropriate discipline  
  • Services are encouraged to ensure that educators are focusing on maintaining the dignity and rights of each child.
  • Services must ensure that behaviour guidance practices are age-appropriate, respectful and responsive to each child’s individual needs.
• Section 165 Supervision
  • Services should ensure supervision practices are active, dynamic and responsive to children’s ages, abilities, routines and the environments.
  • Services are encouraged to review supervision practices regularly to ensure they support children’s safety, wellbeing and learning.
• Section 5A Person with Management or Controls (PMC)
  • A PMC is someone who has the authority to influence or make decisions about how an approved education and care service operates, even if they are not involved in the day to day running of the service.
  • Approved providers must ensure that all PMC remain fit and proper person to be involved with children’s education and care. PMCs can make decisions on matters which can impact the safety, health and wellbeing of children at their service.
• Section 161 Nominated Supervisor
  • The approved provider should ensure the nominated supervisor has the knowledge, skills and ability to effectively supervise and manage their service.
  • As the persons responsible for the day-to-day management of an approved service, nominated supervisors have a range of responsibilities under the National Law and National Regulations.