I was catching up with a good friend recently (shout out to Steph) over a hot chocolate and we got talking about the paramountcy principle. The conversation got pretty deep pretty quickly, and I left thinking, someone needs to write this down, because this matters more than most people in our sector realise.
Steph made a point that stuck with me. She said something like, it’s not just a guiding principle anymore, it overrides everything. And she’s right. Since February 2026, that’s not a sentiment, it’s the law.
So let’s talk about it.
What Is the Paramountcy Principle?
Since 27 February 2026, Section 2A of the Education and Care Services National Law states that the safety, rights and best interests of children is the paramount consideration in everything we do. Not one of the considerations. Not a high priority. The paramount one.
Every approved provider, nominated supervisor, educator, staff member and volunteer is now legally bound by this. Regulatory authorities must consider it when carrying out their functions.
Paramount means above all else. When something is in tension with a child’s safety and wellbeing, there is no contest. The child wins. Every time.
Why This Matters More Than People Think
I’ve seen the sector talk about children being at the centre for years. It’s in every philosophy statement, every QIP, every job ad. But here’s the thing, writing it down and embedding it into a culture of conscious, committed decision-making are two very different things.
What this change does is close that gap legally. Services can no longer point to a values statement as evidence. Authorised officers are now looking at whether your decisions, your systems, your leadership and your daily practice genuinely reflect this principle. Not just your documents.
Think about what that means in practice. When you make a staffing deployment call during a busy afternoon, are you starting from ‘are these children properly supervised right now?’ or are you starting from ‘are we within ratio?’ Those are two different questions, and they don’t always land on the same answer.
When you appoint a new educator or coordinator, are you genuinely assessing their suitability around children, or are you filling a gap as fast as possible because the roster is thin? The principle applies there too.
When something goes wrong, does your first move prioritise the child’s immediate safety, or the paperwork? The order matters.
When approved providers and persons with management or control make decisions on staffing, budgets and operations, the first question must be whether the outcome genuinely places children’s safety and wellbeing above other considerations.
This is the shift. It’s not about compliance for compliance’s sake. It’s about every decision in your service being shaped by a genuine, non-negotiable commitment to children.
Best Practices for Embedding the Paramountcy Principle
Knowing the principle exists and actually embedding it are two different things. Here’s what genuinely looks like in a well-led service:
• Start with your policies. If they haven’t been reviewed since February 2026, that review is overdue. Every policy should be able to answer one question: how does this protect or advance children’s safety, rights and best interests? If it can’t, rewrite it.
• Check your training records. Foundation child safety training must be completed by every staff member, volunteer and person with management or control. For people employed before 27 August 2026, the deadline is 27 August 2026. If you’re sitting on incomplete records, this is your reminder to act.
• Make it part of your governance. This is especially important for P&C and committee-run OSHC services. Committee members are subject to this obligation at the approved provider level. Decisions made at your committee table about budgets, staffing, facilities and risk all carry this duty. Getting your committee up to speed is a priority.
• Bring it into your team culture. The most powerful thing a Director or Coordinator can do is make this the everyday conversation. When your team is debriefing an incident, reviewing supervision arrangements, or doing a risk walk of your space, ask the question out loud: are we putting children first here? Not rhetorically. Actually.
• Look at your QIP honestly. Does it reflect your real position? A strong QIP in 2026 names the areas where your child safety practice can still be stronger, not just where you’re already good. That honesty is exactly what authorised officers are looking for.
What To Do If You’re Being Asked To Work Against It
This is the part not enough people talk about.
Not every educator or coordinator works in a service where the leadership walks the talk. Sometimes the direction you receive from above doesn’t sit right. Sometimes the pressure to under-staff a session, or to look the other way on a risk, or to prioritise the service’s reputation over a child’s welfare, that pressure is real.
If you find yourself in that position, here’s how I’d approach it:
• Name it clearly to yourself first. Ask honestly whether what you’re being asked to do, or not do, creates a risk to a child’s safety, rights or best interests. If the answer is yes, that’s your starting point.
• Document it. Write down what you were asked to do, when, by whom, and what you said. Keep that record somewhere secure, not just on a work device. This matters if things escalate.
• Raise it through proper channels. Talk to your nominated supervisor, your approved provider, or your governing committee. Put it in writing where possible. Most issues at this level can and should be resolved internally when the right leadership is present.
• If that doesn’t work, you have external options. ACECQA and your state or territory regulatory authority have complaint and notification mechanisms specifically for situations where a service may not be meeting its obligations. Using those pathways is not dobbing in a colleague. It is fulfilling your own legal duty under the paramountcy principle.
If you’re a Director or coordinator being pressured by ownership or governance structures to operate in ways that compromise children, the law is on your side. The paramountcy principle doesn’t just tell you what to prioritise, it gives you the legal and professional standing to push back.
You don’t have to choose between your job and doing right by children. But if it ever comes to that, the principle tells you clearly where you stand.
Carrying on the Conversation
What does the paramountcy principle actually look like at your service day to day? Is it embedded in your practice, or does it still feel like a compliance document? And have you ever been in a situation where you felt pressure to compromise on it? Drop a comment below. This is a conversation worth having.
James Clendining is the founder of Firefly HR, a boutique childcare recruitment firm specialising in ECE and OSHC leadership. Firefly HR exists to improve the quality of education and care in Australia by connecting great leaders with the services that need them most.
This content is general guidance only and does not constitute legal or regulatory advice. For decisions with regulatory or child safety consequences, seek advice from your relevant authority or a qualified professional.
