Childcare Sector Under Scrutiny: Reform and Regulation
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Over the past 18 months, harrowing reports have emerged from childcare centres, detailing allegations of both physical and sexual abuse against children.
One convicted offender, Ashley Paul Griffith, was recently extradited from Queensland to New South Wales to face further charges. He is serving a life sentence with a 27-year non-parole period, imposed in 2024 for offences against 69 girls at early learning centres. He now faces 202 further charges in NSW relating to 23 girls at a Sydney childcare centre between 2014 and 2017, including alleged sexual intercourse with a child under 10. These charges have not been determined.
Another former Sydney childcare worker, Hamish Tait, faces 444 charges relating to the alleged abuse of children over a 16-year period. The alleged offending was uncovered through an Australian Federal Police investigation known as Operation Moonbi. The charges have not been determined by a court.
A recent Four Corners investigation aired footage of a former worker, Edwina Ling, physically assaulting young children at a childcare centre. Ling was sentenced in June 2026 after pleading guilty to two counts of assault occasioning bodily harm and 80 counts of common assault.
Repeated reports like these have raised questions about whether more can be done to protect children in childcare.
This article examines recent reforms in the childcare sector, as well as the risks associated with the growing number of for-profit operators.
The legal framework
The childcare sector is governed by the National Quality Framework (NQF). The NQF includes the National Law and National Regulations, the National Quality Standard, assessment and quality rating processes, and national learning frameworks.
Victoria passed the Education and Care Services National Law Act 2010, and other jurisdictions adopted the National Law through an application Act or corresponding legislation. The National Regulations support the National Law by setting out operational requirements for services.
The framework is overseen by the Australian Children’s Education & Care Quality Authority (ACECQA). However, state and territory regulators generally monitor compliance, conduct assessments, and take enforcement action. In NSW, the relevant regulators are the Department of Education and the NSW Early Learning Commission.
The Four Corners investigation also highlighted that some services sit outside the national system altogether. These 473 services operate under separate state and territory laws, which may not be as rigorous as national standards. State governments plan to bring 142 of these services into the national system.
Recent reforms
Following heightened scrutiny of the sector in 2025, federal and state governments have introduced or accelerated a range of regulatory reforms.
From 1 September 2025, the time frame for approved providers to notify regulators of incidents or allegations of physical or sexual abuse of a child at their service was reduced from seven days to 24 hours. Requirements for vaping bans and digital technology policies and procedures were also strengthened.
In December 2025, the period for regulators to commence proceedings under the National Law was extended. Regulators now have two years from the date they become aware of an offence, rather than two years from the date the offence occurred.
From 2 January 2026, child safety was embedded in the National Quality Standard, and maximum penalties under the National Law and Regulations were tripled.
Further reforms in February 2026 introduced restrictions on the use of personal devices by staff working directly with children, and confirmed that children’s safety is the “paramount consideration” in all decisions and actions.
While many reforms have been implemented, their effectiveness will depend on how they are applied and enforced.
Federal Education Minister Jason Clare has said regulators took more than double the number of compliance actions in the latest quarter compared with the same period last year. He acknowledged that while this was a “good sign”, there is more to do.
The rise of for-profit childcare
Over the past decade, childcare in Australia has become increasingly commercialised.
Over the past decade, the share of long day care centres run by for-profit operators increased from 62 per cent to 72 per cent. Of the new centres opened over that time, 95 per cent are run for profit. For-profit operators include private equity-backed and publicly listed companies.
In May 2026, a NSW Legislative Council portfolio committee delivered its report on the early childhood education and care (ECEC) sector in the state. The committee questioned several major operators, including the largest ASX-listed ECEC provider, which reported a profit of more than $67 million in 2024.
Some experts and academics argued that listed companies may prioritise shareholder interests and focus primarily on financial performance. They raised concerns about for-profit operators cutting budgets and wages to meet occupancy and other financial targets.
Some experts also suggested that prioritising shareholder returns, along with the perceived undervaluing of the profession, may contribute to conditions that make safeguarding more difficult. Others suggested offenders may seek work at centres with weaker compliance practices or inadequate safeguards.
The inquiry considered a broad range of systemic issues and did not conclude that for-profit ownership, by itself, causes abuse or poor-quality care.
The report also examined other factors affecting the sector, including understaffing and staffing waivers, “under the roof” ratios, pay and conditions, casualisation of the workforce, and management pressures. For more on the state’s response, see our analysis of NSW childcare reforms.
Moving forward
The allegations and convictions that have emerged from the childcare sector have exposed serious failures in safeguarding and regulatory oversight. In response, governments across Australia have introduced reforms to strengthen child protection, improve accountability, and increase oversight. As inquiries and investigations continue, scrutiny is likely to remain on compliance, staffing, and the broader structure of the sector, including why childcare was not examined by the Royal Commission.
For affected families and survivors, civil compensation may be available. Childcare centres can be considered institutions for the purpose of abuse claims, and in NSW there is no limitation period for child abuse claims in most cases, although individual circumstances still matter.
If your child experienced abuse in childcare, or you experienced abuse as a child in an institution, you may be entitled to compensation. Learn more about how our child sexual abuse lawyers can help, or explore institutional abuse compensation. You can also contact us confidentially using the form below.
