Educator’s Never

What Educators in Australian Kindergartens Must Never Do

Australian kindergartens are places where children are nurtured, respected, and protected.
Educators play a vital role in children’s learning, wellbeing, and safety and they must meet the highest standards of professional conduct.

To protect children’s rights and ensure safe, inclusive, and ethical environments, there are clear rules under Australian law and government policy about what educators must never do.

Guiding Frameworks

These expectations are drawn from key national standards and laws that govern early-childhood education and care:

  • Education and Care Services National Law and Regulations

  • National Quality Framework (NQF) and National Quality Standard (NQS)

  • National Principles for Child Safe Organisations

  • Early Childhood Australia (ECA) Code of Ethics

  • United Nations Convention on the Rights of the Child (UNCRC)

Together, these frameworks make it clear that every educator has a legal and ethical duty to protect, respect, and uphold the wellbeing of every child.

Educators Must Never…

1. Physically Harm or Threaten a Child

Under no circumstances may an educator use or threaten physical punishment, restraint, or force.

  • Hitting, pushing, shaking, grabbing, or any other form of physical discipline is strictly prohibited.

  • Physical restraint is only permitted in emergency situations to protect the child or others from immediate harm, and must follow approved safety procedures.

(Reference: Education and Care Services National Regulations — Regulation 155, 168; Child Safe Standards)

2. Humiliate, Shout At, or Intimidate a Child

Children must never be subject to emotional harm, ridicule, or intimidation.
Educators must not:

  • Yell, shame, or use sarcasm to control behaviour.

  • Humiliate a child in front of others.

  • Use fear, isolation, or threats to gain compliance.

Instead, positive guidance and respectful communication are required.

(Reference: National Quality Standard, Quality Area 5 — Relationships with Children; ECA Code of Ethics)

3. Ignore a Child’s Safety, Health, or Emotional Needs

Educators must always act in the best interests of children and respond to their needs with care and attention.
They must not:

  • Neglect supervision, leaving children unsupervised or unattended.

  • Ignore signs of distress, injury, or illness.

  • Fail to report or act on concerns of abuse, neglect, or harm.

Mandatory reporting laws in every state and territory require educators to take immediate action when they suspect a child is at risk.

(Reference: Child Safe Standards; Mandatory Reporting Legislation — State/Territory Child Protection Acts)

4. Discriminate or Exclude

All children have the right to equal access and participation.
Educators must not:

  • Exclude, segregate, or treat a child unfairly due to their culture, ability, gender, language, or family background.

  • Make biased or stereotyped assumptions about a child or their family.

  • Deny participation in activities because of difference or disability.

Kindergartens must be inclusive environments that reflect and celebrate Australia’s diversity.

(Reference: NQS Quality Area 6 — Collaborative Partnerships; Disability Discrimination Act 1992 (Cth))

5. Breach Children’s Privacy or Confidentiality

Children’s information, images, and personal stories must always be handled with care.
Educators must never:

  • Share a child’s personal details without consent.

  • Post photographs or videos of children on social media without written family permission.

  • Discuss children or families disrespectfully or publicly.

Respect for privacy builds trust and safeguards children’s dignity.

(Reference: National Regulations 181–183; Privacy Act 1988 (Cth))

6. Ignore Family Partnerships or Cultural Beliefs

Educators must not disregard parents’ or carers’ role in a child’s learning journey.
They must not:

  • Dismiss a family’s cultural values, beliefs, or practices.

  • Exclude families from discussions or decisions about their child.

  • Withhold information about incidents, concerns, or development.

Families are children’s first teachers, and respectful partnerships are essential.

(Reference: NQS Quality Area 6 — Collaborative Partnerships with Families and Communities)

7. Engage in Inappropriate Relationships or Boundary Violations

Educators must maintain clear, professional boundaries at all times.
They must never:

  • Develop personal, secretive, or exploitative relationships with children or families.

  • Use their position for personal gain or manipulation.

  • Communicate privately or inappropriately with children via digital or social platforms.

Professionalism, transparency, and accountability are fundamental to child safety.

(Reference: Child Safe Standards; ECA Code of Ethics, 2020)

8. Misuse Authority or Power

Educators are in positions of trust. They must not:

  • Use power to control, coerce, or silence children.

  • Dismiss children’s voices, feelings, or concerns.

  • Use their role to unfairly influence families or colleagues.

Every interaction must be grounded in fairness, empathy, and the belief that children are active participants in their own learning.

(Reference: UNCRC Articles 12 and 19; National Quality Standard, Quality Area 5)

9. Fail to Maintain Professional Conduct

Educators must not engage in behaviour that could compromise their integrity or the reputation of the early-learning profession.
This includes:

  • Breaching confidentiality or service policies.

  • Arriving at work under the influence of alcohol or drugs.

  • Using discriminatory, racist, or offensive language.

  • Failing to complete required safety or professional-development training.

(Reference: Education and Care Services National Law s. 166–167; AITSL Code of Ethics for Teachers)

The Legal Consequences

Breaches of these standards can lead to:

  • Disciplinary action, including suspension or cancellation of registration.

  • Penalties or prosecution under the National Law.

  • Termination of employment.

  • Referral to child-protection or police authorities where harm or risk is identified.

Every educator is personally responsible for understanding and following the National Law, Regulations, and Child Safe Standards.

A Shared Responsibility

Upholding children’s safety and rights is a shared responsibility.
Families, leaders, and communities are encouraged to:

  • Be aware of these expectations.

  • Raise concerns if they observe inappropriate conduct.

  • Support a culture of accountability and respect in all kindergartens.

Concerns can be directed to the Regulatory Authority in your state or territory or to the Australian Children’s Education and Care Quality Authority (ACECQA) at www.acecqa.gov.au.

In Summary

Educators in Australian kindergartens must always act with integrity, kindness, and professionalism and must never harm, humiliate, neglect, exclude, or exploit a child in any form.

By holding these standards across all services, Australia ensures that every kindergarten is a place of safety, belonging, and respect, where every child can flourish.