Childcare CCTV in Australia: Guide to new daycare camera laws & trials

Australia’s push for CCTV cameras in childcare centres

Australian Education Minister Jason Clare has announced that over 300 childcare centres will take part in a CCTV trial in the wake of a recent high-profile abuse case involving a childcare worker in the state of Victoria. The events have put pressure on state and federal governments to reconsider protections for children in care centres, where the alleged abuser has over 70 charges considered serious offences under the law.

The case has led to renewed debate about how to better protect children in Australia, where their privacy is considered a sensitive issue. Installing video security cameras in childcare centres could be seen as a step forward in identifying and responding more quickly to potential cases of abuse. At the same time, parents and guardians could worry about how data about their children is stored and protected, given the rise of global cyberattacks that have stolen sensitive information in recent years.

The CCTV trial is part of an experiment on the effectiveness of video oversight in Australian childcare centres, aiming to determine the best way to implement protective measures without compromising minors’ privacy. Hundreds of establishments will roll out the trial between October and November 2025, pending government review after completion.

Childcare CCTV camera privacy concerns

Currently, there’s no federal law in Australia specifically regulating the use of video security cameras in public spaces. However, the Privacy Act 1988 provides guidance on how businesses and establishments can collect, store and use data from devices, including cameras.

Current privacy frameworks in Australia

Most state governments in Australia have legal frameworks governing the use of video security cameras in businesses and workplaces, including childcare centres. Here are examples of state laws regarding the use of recording devices and personal data:

• Surveillance Devices Act 2007 in New South Wales (NSW)
• Privacy and Data Protection Act 2014 in Victoria (VIC)
• Domestic and Family Violence Protection Act for Queensland (QLD), similar to the Northern Territory (NT) and the Australian Capital Territory (ACT)
• Western Australia (WA) and South Australia (SA) have no privacy regulations
• Personal Information Protection Act in Tasmania (TAS)

States with privacy regulations tend to have similar laws, with minor variations, including data storage and protection, as well as the placement of cameras in designated areas. Generally, state governments permit the use of video security devices throughout Australia, provided there is clear signage and the cameras are not in places where reasonable expectations of privacy exist, such as bathrooms or spiritual worship areas.

Childcare privacy concerns

However, the growing numbers and complexity of abuse cases in Australian childcare centres have led to various concerns, not only about implementing anti-abuse measures but also about effectively protecting their data. The video security camera trial is to be used as a ​“regulative and investigative tool”, helping to ensure the balance of children’s privacy and safety.

Storing data on video security cameras has become a significant concern during the trial. A UK nursery hack in which perpetrators stole over 8,000 records has left Australian parents and guardians concerned about a childcare centre’s ability to keep minors’ data safe.

The general Australian childcare privacy concerns include:

• The encryption of video data surrounding minors
• Children cannot consent to being filmed
• The expense of running video security technology means potentially neglected maintenance
• Insider misuse of the recorded data
• Rural childcare centres may not receive as much support
• Misunderstandings of the context of the footage between workers and parents

How would new daycare camera laws in Australia affect childcare centres?

Currently, there’s no single law regarding the use of video security cameras in childcare centres in Australia, which is why there are concerns surrounding the privacy of minors. However, there are proposed regulations, such as the Children’s Online Privacy Code, in the consultation and development phase, discussing with parents, guardians and stakeholders how best to protect minors’ data.

However, new frameworks proposed by the Education Department, in parallel with the ongoing video camera trial, do affect the operation of childcare centres. Many states, such as NSW, already have watchdogs with the authority to take action against facilities if they do not meet the newly tightened safety compliance requirements.

Below are the key areas that regulations and laws could impact:

Costs

The Australian federal government is allocating AU$189 million to help improve safety in the childcare industry. The funds will help centres implement new security measures, such as compliant video cameras, to provide additional layers of protection for attending children.

Pending final legislation, the costs of implementing cameras in childcare centres include device purchase, initial installation, maintenance and regular compliance audits. However, given the federal government’s recent significant investments in childcare, centres could benefit from subsidies to meet new child-safety regulations.

However, childcare centres that apply for funding may need to invest in infrastructure initially to meet eligibility criteria. The government’s plan to strengthen child safety regulations includes requiring early education centres to demonstrate that they have clear policies, obtain parent consent and use service-issued devices to comply with the National Quality Standard.

Staff training

The childcare safety reforms emphasise more transparency and training within centres alongside visual protective measures. The Education Department is actively issuing compliance notices to centres that do not meet national safety standards.

New staff training in childcare centres will include efficient incident reporting, understanding all federal and state data protection regulations and identifying potential cases of abuse. Addressing staffing ratios during care hours is also expected to change to ensure an acceptable number of workers simultaneously performing their duties.

Privacy

The results of the current video security trial will provide more information on how best to implement protections and privacy for minors in childcare centres. However, facilities are already required to present a clear privacy policy for their use of cameras, including how data is stored and managed and how they obtain consent from parents or guardians.

Childcare centres will also be required to comply with any applicable state privacy laws. Many of which require clear signage when video recording is in progress, meaning an investment in additional notices to help ensure compliance.

Placement of cameras will not be in any area where there’s a reasonable expectation of privacy, such as changing rooms or restrooms. The devices will be mainly in playrooms, entry and exit points and common areas at the centre, serving as an adequate safety measure.

Communication

Mobile phone bans will be a clear part of new child safety legislation, under which staff will not be allowed to use their devices at any time during care hours, except in emergencies. Centres will need to consider an effective on-site communication method to help report any allegations, incidents or complaints and achieve a safer, more secure environment.

Communication between the childcare centre employees and parents is also a significant aspect of the reforms. The facility will require the explicit consent of parents to use cameras and disclose any reports of on-site incidents, ensuring compliance with the new legislation.

Some states have implemented guidelines requiring childcare centre administrators to inform families and children of any safety breaches found in the service or under investigation. The watchdogs may use camera footage as evidence to support inquiries into any safety incidents at centres.

Registration

In addition to complying with video security requirements, workers in the childcare industry must register on a national database to qualify for employment at any centre within the country. When the register rolls out, all employees at the facility will need to provide their contact details and place of employment.

Plans to expand the register will also include details of those prohibited from working in the childcare industry, those under investigation and the status of background checks for those applying to work in centres. There are also proposals to include each registered worker’s skills and qualifications to enhance the quality and transparency of childcare in Australia.

Additional considerations for childcare CCTV systems

As camera trials continue across childcare centres across Australia, facilities need to consider additional measures to help ensure compliance and mitigate incidents. Current legislation is subject to change to find consistency between federal and state regulations. Pending the trial’s results, centres may have to adapt their current video security to comply.

The following considerations help prepare your video security system for scalability, flexibility and adaptability to changing demands. Here are some additional guidelines to help comply with upcoming child safety legislation:

• Video equipment: Modern, compliant IP CCTV cameras that effectively mitigate childcare safety concerns are the preference for installation. The devices shouldn’t record audio, should have data storage and deletion provisions and should comply with all federal and local privacy regulations.
• Permitted devices: Only video security cameras that meet the National Quality Standard will be allowed in childcare centres under the new reforms. Ensuring your devices comply with the criteria to avoid regulatory infractions or delays in funding requests.
• Camera placement: Under most state laws, cameras with clear signage are allowed in publicly used spaces, but must not be where there’s a reasonable expectation of privacy. The statement means that devices should not be installed in private areas, such as facility bathrooms or changing rooms, when installing in the childcare centre.
• Data encryption: One of the primary concerns with video security cameras in childcare centres is the storage of data that is at risk of compromise for malicious use. Installed hardware should have robust protection protocols that encrypt any stored data.
• Access control: Security administrators in childcare centres should be able to remotely manage access to video data, granting and revoking authorisation to responsible employees as needed. Quick access control capabilities allow centres to be more proactive rather than reactive when investigating potential incidents.
• Real-time notifications: AI CCTV cameras can analyse visual data in real time to detect unusual activity or identify flagged persons in the national register of childcare workers. Devices can send real-time notifications to relevant personnel upon detection, enabling swifter action.

Key takeaways

Australian childcare centres are expected to undergo significant security reforms after trialling security cameras in facilities, aiming to improve safety following an abuse case that caused considerable public concern. Following the announcement that the federal government will push new legislation to enhance children’s protection at care centres, here are the main takeaways of video security camera use:

• The federal government is trialling CCTV cameras in hundreds of childcare centres
• The results may help shape new legislation regarding protection for children
• Cameras are permitted in childcare centres pending compliance with federal and state privacy laws
• Data protection of minors is a significant concern of the program
• Additional government measures will include better parent/​guardian communication, enhanced staff training and a national register for childcare workers
• Centres installing video security cameras should consider scalable, flexible and adaptive technology to help ensure compliance, where final legislation could change

As security technology has advanced, there has been widespread debate worldwide about improving safety measures for children attending educational centres. The number of physical security risks and threats and their growing sophistication have education administrators, parents and guardians concerned about welfare.

However, Australia’s push towards a multi-layered approach to improve child safety and mitigate instances of abuse is a step forward to adapt to the world’s changing security landscape. Implementing video security cameras that address both administrators’ and parents’ concerns can help establish a more effective safety strategy.