Proposed NSW whistleblower protections still inadequate

In light of a series of child safety abuses, ACA NSW is pleased to finally see structural reform in the proposed Children (Education and Care Services National Law Application) Amendment Bill 2025 currently before the Parliament of New South Wales.

That said, ACA NSW remains eager to have more clarity on the proposed reforms as well as the overall roadmap of improvements so that confidence with parents and families as well as early childhood education services, educators and teachers can be rebuilt.

As early as August 2023, ACA NSW has asked for appropriate whistleblower protections even prior to the vindication of Queensland’s charges against Yolanda Borucki for her attempts to expose and foil Australia’s worst paedophile in relation to Operation Tenterfield.

Unfortunately, the proposed whistleblower protections as outlined in the NSW Bill will protect some individuals, but not all that would be or ought to be involved to ensure the risks to children are removed. These concerns have also been confirmed by lawyers from a defamation and industrial perspective.

While the NSW early childhood education and care sector continues to seek earlier engagement in all investigations so as to prevent risks to children from occurring and/or continuing, the absence of comprehensive whistleblower protections with legal and industrial protections will arguably ensure risks to children to either perpetuate or be transferred to other children elsewhere.

These concerns are part of our submission to the NSW Parliamentary Inquiry into the Children (Education and Care Services National Law Application) Amendment Bill 2025.

9.45 am to 10.30 pm session of Public Hearing on 26 September 2025 (Source: NSW Parliament House)

ACA NSW has written to the Federal Government and the NSW Government about its concerns.

For any further information, members can contact the ACA NSW team via 1300 556 330 or nsw@childcarealliance.org.au.

PUBLISHED: 1 OCTOBER 2025​