Personal phone use by educators while supervising children became a legal restriction in Australia on 27 February 2026. Sections 175E to 175J of the Education and Care Services National Law now prohibit staff and volunteers in centre-based services from using or carrying a personal device while working directly with children, with limited exceptions.
This guide covers what the law says, the exceptions that apply, what a compliant device policy should contain, and how technology can support - not replace - good policy and practice.
What the law requires from 27 February 2026
From 27 February 2026, the Education and Care Services National Law (sections 175E-175J) prohibits approved providers, nominated supervisors, staff and volunteers in centre-based services from using or carrying a personal device while working directly with children. Only service-supplied devices may be used to take, store or share images of children. Limited exceptions apply on excursions and transport, and the approved provider may authorise personal device use in writing for health or disability needs, urgent family communication, a broken service device, an emergency or work health and safety reasons. Written authorisations must be kept for at least 3 years. Images captured by CCTV installed and authorised by the approved provider are not covered by these offences.
Because the restriction is now law rather than a proposal, a written device policy is no longer optional good practice - it is how a service shows it applies the rule consistently across every room and every staff member, including leadership.
What a personal device policy should contain
A clear policy helps educators understand expectations and protects them from ambiguity. At minimum, a device policy should cover:
- Where personal phones are to be stored during work hours (for example, in a locker or designated bag area, not in a pocket or room)
- When personal devices may be used (such as during an unpaid break, away from children)
- How urgent personal calls should be handled (via a shared service phone or front office)
- What counts as a service device and who it is for (for example, photos for learning documentation)
- How written authorisations for personal device use are requested, approved and recorded, and how they are kept for at least 3 years
- Consequences for breaches, consistent with the service's existing code of conduct
- How the policy is communicated to new staff and reviewed periodically
Storage and lockers
Providing a secure, accessible place for staff to store personal belongings including phones - such as individual lockers near the staff entrance - makes a no-phones-on-the-floor policy easier to follow and enforce consistently.
Service devices and legitimate use
Many services issue dedicated service devices or tablets for documenting children's learning, taking enrolment-approved photos, or communicating with families through an approved app. Because only service-supplied devices may be used to take, store or share images of children, a device policy should distinguish clearly between these authorised service uses and personal phone use, so staff are not confused about what is and is not permitted.
How detection tools can support enforcement
Writing a policy is the first step; applying it consistently is the harder part. Some AI-assisted supervision tools include a personal phone detection feature that flags when a phone-like device appears to be in use in a supervision area, from existing camera feeds, so directors can follow up constructively with staff and reinforce the policy over time. This kind of alert is designed to support policy compliance and coaching conversations; it does not replace clear policy, training or a workplace culture that treats active supervision as a shared priority.
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General information only, not legal advice. Check current requirements with your state or territory regulatory authority.