The content of this article was updated with the latest information on 26 June 2024 for the purpose of this compliance focus.

Safe sleep is a key part of ensuring young children’s health, safety and wellbeing in early childhood education and care (ECEC) services. The sleep and rest requirements under the Children (Education and Care Services) Law (NSW) and Education and Care Services National Regulations (National Law and Regulations) aim to protect children in ECEC settings from risks associated with sleep and rest.

Additional sleep and rest requirements came into effect on 1 October 2023 in response to the 2019 National Quality Framework (NQF) Review. The changes aim to minimise risks associated with Sudden Unexpected Death in Infancy (SUDI) and reduce infant deaths in ECEC settings. They build on the important practices services already have in place to keep children safe during sleep and rest times.

Our regulatory data indicates 3 key areas continue to be challenging for services including safe sleep environments, supervision and effective risk assessment, policy and procedures.

Sleep and rest equipment

Bassinets prohibited from services

Bassinets are prohibited from ECEC service premises (including centre-based and family day care services) at any time children are being educated and cared for (regulation 84D).

Bassinets are unsafe for use in ECEC settings and can lead to serious incidents. The prohibition of bassinets in services is expected to reduce risks and ensure that children are kept safe during periods of sleep and rest.

The NSW Department of Education, as the regulatory authority for the ECEC sector in NSW (NSW Regulatory Authority), led the amendment to the regulations.

The changes come in response to the NSW coroner's recommendation to explicitly prohibit bassinets from all ECEC services following a tragic incident at a service in NSW.

Portacots

A portacot may be called a portable cot, port-a-cot or folding cot. Portacots that are designed to meet Australian standards can be a safe sleeping environment for infants when they are in good condition, set up properly and placed in a safe location.

According to Australian Competition and Consumer Commission (ACCC) guidelines, portacots are generally less robust than standard cots, and should be regularly checked for signs of damage and to make sure that the folding and locking mechanisms work correctly.

Risks associated with using portacots should be addressed in sleep and rest risk assessments.

Policy and procedure requirements

Under regulation 168(2)(a)(v), approved providers must ensure that policies and procedures relating to sleep and rest are in place at their service and address the matters set out in regulation 84B, including:

• how children will be protected from any risks identified in a risk assessment conducted under regulation 84C
• how the sleep and rest needs of children are met, including how the ages, development stages and the sleep and rest needs of individual children are considered
• how adequate supervision and monitoring during sleep and rest periods will be ensured, including the method and frequency of checking the safety, health and wellbeing of children during sleep and rest periods and the documentation of sleep and rest periods.

As each service has its own unique context, it’s important to customise your policies and procedures to suit your service environment. Collaborative and regular reviews of these policies and procedures are necessary to ensure they align with current evidence-based guidelines from recognised authorities.

Red Nose Australia is the nationally recognised authority for safe sleeping. Red Nose recommendations and advice should inform your policies, along with guidance materials (PDF 254 KB) from ACECQA and the NSW Regulatory Authority.

It’s also a requirement to inform families of any changes or updates you make to your service’s safe sleep policies, procedures and practices.

Risk assessments

Approved providers must conduct risk assessments related to sleep and rest as part of the process for preparing sleep and rest policies and procedures (regulations 84C). The risk assessments should be carried out at least once every 12 months and promptly whenever circumstances arise that may affect the safety, health or wellbeing of children during sleep and rest. They must identify and evaluate sleep and rest-related risks, and detail how these risks will be managed and minimised.

Approved providers are responsible for updating policies and procedures to reflect their current risk assessment and maintain a record of these assessments (regulations 84C(3) and 84C(4)).

Further information and resources

• Download the sleep and rest risk assessment template and policy and procedure guidelines from the ACECQA Sleep and rest legislative requirements webpage.
• Visit the NSW Department of Education Safe sleep and rest page for guidance and resources.
• Access the Red Nose Australia advice hub, which offers a wide range of resources for families and services.