Electronic devices and photography policy

Our practices put children’s safety and wellbeing first and protect them from harm and abuse.

This is why we have clear rules about how people use personal devices and take photos and videos.

We have zero tolerance for child abuse. We also strongly promote the Victorian Child Safe Standards.

1. Scope

Early Learning Victoria has a duty of care for all children attending its centres.

This policy applies to children, families, staff, management and visitors of Early Learning Victoria centres. This includes volunteers, students on placement and contractors or labour-hire employees of Early Learning Victoria.

2. Policy statement

This policy sets clear rules to monitor and limit the use of personal devices and photography in Early Learning Victoria centres. Read this policy together with:

• Child safety and wellbeing policy
• Educational program policy
• Protecting children policy
• Supervision of children policy
• Privacy policy
• Records management policy.

For guidance on using personal devices in community spaces, see the Integrated services and consulting and community facilities use policy.

2.1 Requirements

The National Model Code

We follow the National Model Code for Taking Images or Videos of Children while Providing Early Childhood Education and Care.

The National Model Code guides approved providers to create a child safe culture for taking photos and videos of children. This includes rules for the sharing and storing of images or videos.

Our practices align with the National Model Code. We only use electronic devices issued by the service when taking images or videos of children, while providing education and care. We also have strict controls about storing and keeping images and videos of children.

No one carries a personal device (including one that can take images or videos, store media or transfer media) while working directly with children.

Exceptions to the restrictions on personal devices are:

• limited to essential purposes (that are not to do with taking images or videos of children)
• authorised in writing by the nominated supervisor or approved provider (or another means if not practical)
• only authorised if access does not get in the way of actively supervising children.

3. Actions and procedures

3.1 Consent

We seek consent from families for photography and the use of images during the enrolment process on Kidsoft.

Families can approve or decline use of their child’s image in 4 categories. These are:

1. Learning documentation, including individual and group observations of children’s learning. For example, visual displays or other learning documentation displayed at the centre.
2. Newsletters (printed and emailed)
3. Informative family emails
4. Public platforms (e.g. social media, websites and public reports).

We support families fully if they decide not to consent, or to withdraw their consent. We respect and follow their preferences for all platforms and uses.

We prefer that families update their consent preferences on Kidsoft. However, families can also complete a paper form, the Public use of images consent form, if needed (see Links).

3.2 Use of electronic devices

Personal device for staff

Centre staff are not allowed to carry or wear any personal device while working directly with children. This is in line with the National Model Code.

Early Learning Victoria centre staff must store personal electronic and media storage devices in their individual, secure locker at the start of each shift. Staff may use their personal device during their breaks – for example, in the staff room or outside the centre.

Where staff want to wear a smartwatch while working with children, they must discuss their request with the nominated supervisor and complete a Smart watch use written declaration form (see Links).

Exemptions

An Early Learning Victoria employee must get written exemption from their nominated supervisor to carry their personal device while children are present.

Instances that may be authorised include:

• a personal health requirement – for example, for heart or blood sugar monitoring
• disability – for example, if a personal device is used as an essential means of communication
• family necessity – for example, having a family member with a serious illness
• a local emergency – for example, expecting a bushfire evacuation text alert
• technology failure – for example, a temporary outage impacting electronic devices provided by the service, where use is restricted to essential communications only.

If an exemption is given and the employee agrees, nominated supervisors should tell relevant staff about the employee’s personal device arrangements. The reason for the exemption does not need to be shared. Centre staff with an approved exemption must not use personal devices to take images or videos of children. Their use must not interfere with active supervision duties.

Emergencies

Staff may use their personal devices in an emergency to communicate with emergency services. This includes if a child is lost, or a child or staff member is injured. It also includes emergencies causing lockdown or evacuation (see the Emergency management and evacuation policy).

Where authorisation for use of a personal device in an emergency has been provided by the nominated supervisor or approved provider, this should be documented in the incident record.

Personal devices must not be used to take images or videos of children, unless directed by emergency services.

ELV-issued devices

Staff may only use ELV-issued devices to take images or videos of children as part of their education and care.

Early Learning Victoria centres allow only a few authorised electronic devices. These include laptops, tablets and mobile phones.

We may use tablets and laptops for routine checks and to take photos of children as part of the educational program. Use of digital cameras by Early Learning Victoria centres is not permitted.

All devices must be put away safely at the end of each day and must stay at the premises. Loose tablets must be stored in a lockable cupboard in a secure staff area. Kiosk tablets, which are secured in their charging docks, do not need to be moved.

All applications and software on ELV-issued devices are controlled by the Department of Education (the department).

Educational program

The safe use of technology can have a place in children’s learning. It can also promote child safety and wellbeing, including in the online world.

Technology can make learning more interactive and engaging for children. Powerful research tools can extend children’s interests and learning. Educators can also use photos and videos to show families what and how their children are learning. Images can also help children re-visit their learning (see the Educational program policy).

Early Learning Victoria supports children to engage in digital and online technology in a safe and responsible way. This is outlined in the Educational program policy, Early Childhood Australia’s Statement on Young Children and Digital Technologies and the National Model Code.

Taking images of children

Educators using ELV-issued devices must always put the child’s best interest first. This includes seeking consent before taking a photo, video or voice recording. Educators should take images without interrupting or distracting from the child's learning experience.

Where possible, educators should avoid taking images of a child’s face. Instead, they should emphasise the child’s learning, focusing the camera on the child’s hands and actions. An exception is when the learning focuses on understanding emotions. In this case, photos of the child’s face are appropriate, as long as the child has consented.

See the Use of child images policy for information about the taking and use of child images in state-wide advertising and other communications.

Essential identity photographs

Early Learning Victoria collects a photograph of each child when they enrol, and each year after that. This supports their safety, identification and wellbeing. This photograph helps centre staff recognise each child and keep them safe and well. It also helps staff follow medical or risk management plans.

External professionals working directly with children

There are specific restrictions for professionals working directly with children in an Early Learning Victoria centre.

This includes:

• third parties visiting programs, community visit or excursion activities
• allied health and inclusion professionals (who might be supporting children with additional needs)
• mentors or coaches
• visiting teachers supporting students on placement
• preschool field officers
• primary school teachers attending the centre for a school transition program.

External professionals may use a service device or a digital camera provided by Early Learning Victoria central office to take images, videos or audio if one is available. Where this is not possible, they must have written permission from the nominated supervisor and the child’s parents or carers to take images, videos or audio at the centre with a business-issued device.

Any media taken must include only the child they have permission to work with. It must only be taken to support their professional duties and must be taken with a business-issued device.

Allied health and inclusion professionals, including preschool field officers, may use devices issued by their organisation such as laptops and tablets where it is required to perform their duties. In these situations, written authorisation must be provided by the nominated supervisor.

They are required to make a written declaration when signing in to the centre via Kidsoft that the device is business-issued and not personal. They are also required to wear a designated coloured lanyard for the duration of their visit to show they have permission to use their business-issued device.

Third parties delivering programs or incursions at the service must speak to the nominated supervisor about potential device use. If required, an ELV-issued device can be provided on request.

Who the restrictions do not apply to

Device restrictions do not apply to people who are not involved in delivering education and care or working directly with children. This includes:

• parents and carers who are simply dropping off or picking up their child
• authorised officers from the Regulatory Authority
• police officers
• officers from other regulatory bodies (e.g. environmental health officers and WorkSafe Victoria officers).

However, they must still follow all child safety policies and procedures. Parents and carers are required to refrain from using personal devices in licensed spaces and must keep devices stored away.

Tradespeople and maintenance workers

Tradespeople engaged by Early Learning Victoria, may use devices issued by their organisation in areas where children are not present. Device use is strictly limited to work purposes such as recording asset information and completing service reports, repairs, maintenance, inspections, authorised works and compliance documentation.

All device use by tradespeople must be discussed and agreed to by the nominated supervisor. On arrival, tradespeople must confirm that the device is business-issued during sign-in via Kidsoft. They are required to wear a designated coloured lanyard for the duration of their visit to show they have permission to use their business-issued device.

Tradespeople that need to take photos of completed works or for quotes in areas where children are present must speak to a staff member. If required an Early Learning Victoria device will be issued.

Once photos have been taken, they will be reviewed by a staff member to ensure that they do not contain images of children. If an Early Learning Victoria device was used, they will then be sent to the nominated email address.

Images taken on an Early Learning Victoria tablet must be uploaded to a laptop via a USB-C power adapter before being emailed, as AirDrop has been disabled.

The only Early Learning Victoria devices that can transfer images wirelessly are the mobile phones issued to centre directors and assistant directors.

Tradespeople visiting the service must be supervised when accessing licensed spaces. They cannot use personal devices in such areas.

3.3 Professional photography and public use of images

From time to time, Early Learning Victoria may hire professional photographers to take photos or videos of children at Early Learning Victoria centres. These images may be used on Early Learning Victoria’s social media, website or emails. Or, they may be used on related publications by the department, such as websites.

Photos and videos of children are personal information and must be treated with the same care as any other sensitive data. Our Use of child images policy must be adhered to in relation to the use of images and recordings in state-wide advertising and Early Learning Victoria communications.

Families are consulted before any special event or proposed new use of their child’s image. They then have the chance to review or update their consent preferences (see Consent). If there is no update, Early Learning Victoria will use the current consent.

Before hiring photographers, we ensure contracts have clear clauses on privacy, storage and handling information.

Photography at official events and media

Members of Parliament (MPs), officials, government department employees and others will at times ask to take images of children as part of an official event.

In all instances, they are not permitted to use their personal devices when interacting with or in the presence of children.

Photography of children will occur only after all relevant risks have been assessed and mitigated. In these cases, we will:

• assess privacy and consent matters
• seek specific consent for any new public use not already covered by enrolment forms
• take steps to ensure children’s privacy, dignity and consent are respected at all times.

Images and videos of children can be taken during official events using the following options:

• internal Victorian Government photographers/videographers, or outsourced professional photographers/videographers engaged by Early Learning Victoria
• an ELV-issued device, with any approved images and videos provided after the event
• a business-issued device, used in accordance with the below guidelines.

Where a business-issued device or ELV-issued device (including a digital camera provided by Early Learning Victoria central office) is used at an event, all official visitors, including professional photographers and media outlets, are required to:

• ensure consent has been provided by parents and carers for any children, including the use of their images or videos across media and social media
• make a written declaration when signing in to the centre via Kidsoft that the device is business-issued and not personal
• wear a coloured lanyard issued by the service, indicating permission to use a business-issued device and that a written declaration has been provided
• ensure the best interest of children are always prioritised, including asking for child’s consent where practicable and respecting their right to decline.

Official events must be delivered according to the Hosting visits at ELV centres policy.

3.4 Image storage and deletion

Storage of images and videos

All images, videos and recordings of children must be stored according to the Records management policy. This includes ensuring that digital files are:

• stored only on approved platforms and devices (for example, Kidsoft and SharePoint)
• kept securely to prevent unauthorised access, sharing, alteration or loss
• not downloaded or transferred to personal devices or unauthorised cloud storage.

Early Learning Victoria centre staff are responsible for ensuring that visual records with images of children are:

• clearly named and organised by date and purpose
• not retained longer than necessary
• not shared beyond Early Learning Victoria systems or intended recipients.

Destruction of records

At the end of each calendar year, all images and videos stored on Early Learning Victoria iPads and similar devices must be reviewed. If needed, they must then be deleted by the nominated supervisor.

Early Learning Victoria does not need to notify families when their child’s images are destroyed.

The nominated supervisor must:

1. Check if the image or video is still required for current educational use or family communication.
2. Determine whether the item has met the mandatory retention period.
3. Advise the department’s Records and Mail Services (archives.records@education.vic.gov.au) about the intention to dispose of records.
4. Complete a Records Destruction List describing the records to be destroyed. This list is then sent to RMS.
5. On receiving the listing, RMS will:
   1. review the records
   2. ensure the records are eligible for destruction. This includes consulting with Legal and Freedom of Information (FOI) teams to confirm the records are not subject to any active FOI request or active or ‘reasonably likely’ to occur legal cases, royal commissions or investigations
   3. seek approvals to destroy the records from the nominated supervisor, legal and FOI teams
6. Once approval is received, the nominated supervisor must carry out the deletion process. When destroying images and videos it must be done in a way that ensures:
   1. personal, confidential or sensitive information is not released
   2. permanent deletion, including where possible the deletion of backups on servers and storage devices
   3. the records are irretrievable and cannot be reconstructed or their content extracted or read.
7. The nominated supervisor must keep a record of the destruction on their centre’s SharePoint site. This includes:
   1. the date destruction took place
   2. the approving officer(s)
   3. a summary of the records destroyed (e.g. ‘2024 daily photos of child activity at XYZ Centre’).

The above is in line with the Records management policy and Public Record Office Victoria (PROV) standards.

Early Learning Victoria will remind all centres each year between December to January to review images and videos of children and to prepare ‘destruction listings’ to send to RMS. This coordinated process helps RMS bundle requests and consult with legal and FOI teams efficiently. RMS are available to assist with every step of the process.

Preservation for investigations

If Early Learning Victoria learns of an actual, expected or potential investigation, FOI request, complaint, insurance claim, or legal proceeding, it must suspend destroying potentially relevant images or recordings immediately. The nominated supervisor must alert RMS, which will issue a preservation notice and consult legal and FOI officers as required.

Preserved records must be retained until the hold is lifted in writing by RMS. This clause overrides routine end-of-year deletion in Destruction of records.

3.5 Responsibilities of families

Families must not take any photos or videos of children, including their own child or children, during the educational program or special events. This means that images or videos taken at a special event cannot be uploaded to social media.

Families are also responsible for:

• giving or refusing consent for a professional photographer to take or publish photos, videos or recordings that include their child. This is part of the enrolment form. Consent can also be updated on Kidsoft or with a paper form
• giving or refusing consent for their child to be photographed by an external organisation at a special event
• giving or refusing consent for a support worker or external professional to photograph or record their child, if relevant
• telling staff if their child needs to use a personal electronic device – for example, if their child has additional needs.

3.6 Responsibilities of staff

4. Resources

Legislation and standards

• Education and Care Services National Law Act 2010
• Education and Care Services National Regulations 2011
• National Quality Standard, quality area 2: Children’s health and safety
• Privacy and Data Protection Act 2014
• Health Records Act 2001.

Related policies

• Child safety and wellbeing policy
• Educational program policy
• Emergency management and evacuation policy
• Excursions, incursions and regular outings policy and procedure
• Family and community communications policy
• Hosting visits at ELV centres policy
• Incident, injury, trauma and illness policy
• Protecting children policy and procedure
• Records management policy
• Staff code of conduct policy
• Supervision of children policy
• Use of child images policy
• Integrated services and consulting and community facilities use policy
• Visitors, volunteers and students on placement policy
• Privacy policy.

Links

• Factsheet for centre-based staff. This explains important changes to how personal electronic devices are used in Victorian early childhood education and care services
• National Model Code. The code addresses child safe practices for the use of electronic devices while providing early childhood education and care.
• ACECQA Guidelines for the National Model Code. This supports approved providers and their services to apply the National Model Code.
• National Model Code video. This helps educators, staff, families and carers to understand the National Model Code.
• Also see Early Childhood Australia’s Statement on Young Children and Digital Technologies.
• Electronic device exemption form (260KB, DOCX)
• Smart watch use written declaration form (279KB, DOCX)
• Public use of images consent form (282KB, DOCX)

Definitions

Authorised electronic devices: Or ELV-issued devices are devices owned, managed and provided by Early Learning Victoria. They can include tablets, laptops and mobile phones. Devices are only used to record education or for administration. Staff may only use ELV-issued devices to take images or videos of children as part of the program. Use of digital cameras is not permitted for this purpose.

Inappropriate images or videos of children. This is visual or audio content not directly related to the educational program. Or it may be content that puts at risk a child’s dignity, privacy or safety.

Personal device. This is any device owned by a person that can take images, videos or recordings. This includes mobile phones, tablets, laptops, smart watches (with a camera or recording function), digital cameras and camera glasses.

There are clues to check whether a smartwatch has a camera or can record video. Look closely for:

• a very small camera lens on the watch face, bezel or band (usually 1–2mm in diameter)
• an aperture (tiny hole) typically found at the 12 o’clock position or side of the watch case.

Personal storage media device: These are devices or platforms used for saving or transferring digital content. This can include USB drives, SD cards, portable hard drives or cloud-based apps not approved by Early Learning Victoria.

Recordings related to the educational program: This refers to images or videos that record children’s learning and development and help us improve it. They are used to support our planning, teaching and talks with families.

Special event: This is a planned centre activity outside the normal educational program. It can include holiday celebrations, incursions, excursions, performances or family events.

External support professionals: These are specialists such as speech therapists, occupational therapists or other similar professionals. They may work with individual children at the centre to support their development, behaviour or learning.

Working directly with children: Means being physically present with a child or children at an education and care service. This new requirement covers everyone employed, engaged or appointed to provide education and care. If a person is taking a short break from providing education and care and they are not physically present with children, they are not considered working with children and are able to use their personal device.

5. Authorisations and review

This policy is the responsibility of Early Learning Victoria. Contact: ELV@education.vic.gov.au

It was approved by the CEO, Early Learning Victoria, Department of Education on 19 June 2026.

Early Learning Victoria regularly reviews its policies and procedures. This policy is due for review on 19 June 2028. It may be reviewed earlier if legislation or Department of Education policy changes.

Reviewed by the Director Program and Planning ELV; Director of Early Learning ELV and the Director of Quality ELV.