"Man ban" is wrong, illegal and can also cause more harm!

As leaders and governments seek effective solutions, we still grapple with how these occurred.

In NSW, 92.6% of early childhood education and care (ECEC) services’ overall ratings and 94.6% of NSW services’ Quality Area 2 – Children’s Health and Safety are Meeting the National Quality Standards or higher (yet children’s outcomes show the opposite trajectory according to the Australian Early Development Census (2009-2024)).

It has to be the for-profit ECEC services that are to blame! And yet an Australian jurisdiction (as an example) with 68.3% of its services being not-for-profit (ie they do not pay taxes) has Australia’s highest level of serious incidents, with the Commonwealth’s Productivity Commission reporting a 235% probability of serious incidents per service there.

It has to be the men! So we need a "man ban"! Really?

During the 5-year-long and $372.8m costly Royal Commission into Institutional Responses to Child Sexual Abuse (2012-2017), not once was there ever a call for a “man ban”.

Myths and biases will only continue to be distractions from the adult responsibility before all of us. How do we confront the facts and truths and fix what needs to be fixed so that all children are safe and the promises of early childhood education and care are fulfilled?

Are “man bans” to become one of our values?

No. If our values are to remain true, let us overtly reject any notion of “man bans”.

“Man bans” might appease some people’s concerns/bias/fears. But at the very least, it will only fuel more fear while attacking/eroding our belief that the equality of both genders is not only a fundamental human right, it is our expectation.

At the worst, are we to accept that the care of children can be effectively achieved only by women? Is this to be part of our values? Is this what we want?

Aren’t “man bans” illegal?

Any ECEC service contemplating “man bans” or has acquiesced to implementing any variations of “man bans” is more than likely to invite legal consequences because it will be legally interpreted as sex discrimination.

Under the Fair Work Act’s Section 351, “man bans” and any variations of that will be seen as altering an employee’s (as well as any prospective employee’s) position to their detriment. Hence, if implementing a “man ban”, the Fair Work Commission will be expecting the employer to prove that it is not unlawful. Good luck.

Aren’t “man bans” gender-based harassment?

“Man bans” effectively says that men are not welcome by that workplace. This is demeaning and any male educator/teacher would view such as offensive, and rightly so. Not to mention some/all fathers of enrolled children will harbour/express similar concerns too.

Moreover, employers since December 2022 became legally obligated to actively eliminate discrimination, sexual harassment, gender-based harassment, conduct that is hostile on the grounds of gender and related acts of victimisation.

“Man bans” are thus inconsistent with employers' (not-so-new) legal obligations. Enforcement actions against employers can be taken by the Australian Human Rights Commission in response to any such contravention.

“Man bans” as psychological hazards

With annual workers' compensation premiums already increasing at alarming rates due to psychological claims, “man bans” can lead to a poorer workplace with a greater negative impact on male educators and teachers.

“Man bans” = Working Towards the NQS

And if the above is not convincing enough, then consider the NSW Authorised Officer(s)' consideration of your service at your next Assessment and Rating, in particular Quality Area 4 - Staffing Arrangements' National Quality Standard 4.1 - Management, educators and staff are collaborative, respectful and ethical.

And when NSW Authorised Officer(s) consider Quality Area 6 - Collaborative partnerships with families and communities, particularly by male NSW Authorised Officer(s), they may be reflecting on how services overcome the conscious/unconscious messaging received by fathers of children that men cannot be trusted.

“Man bans” are not the answer

Our sector must resist being reductive. Instead, we must call upon all the honesty and courage we can muster to address risks to children’s safety as well as children’s outcomes to fully restore our families' and our sector’s trust and confidence.

ACA NSW welcomes members’ feedback and input as we work together to advance holistic solutions and not silver bullets. Assembled thus far include a call for a national register for care workers, whistleblower protections, changes to legal and industrial laws, as well as training.

Our ACA National Committee has also written a cautious reminder about the importance of making discrimination-free employment decisions.

And our industrial lawyers have also written an article about “Banning men from work? Risky business”.

For any further information/clarification, please contact ACA NSW via 1300 556 330 or nsw@childcarealliance.org.au.

PUBLISHED: 23 JULY 2025