From 1 September 2025, new safety rules will be added to the Education and Care Services National Regulations and the National Quality Standard. One key change is prohibiting the use of vaping substances and devices. Last year, the Australian Government passed a new law — the Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 — which aims to protect children from the harms of vaping.
Parents should already be aware that smoking and vaping are not permitted at child care services. In Victoria (VIC), this ban extends to within 4 metres of a childcare centre entrance. In Queensland (QLD), a 5-metre smoke-free buffer zone applies beyond the boundary of the facility.
The new rule does not clearly specify whether you are allowed to keep a vape device with you while in childcare services, but some providers may refuse entry if the vape device is visible.
Breaching these rules may result in offences under various laws and regulations, such as:
- A person must not smoke in an area that is not enclosed and is within education and care service premises while they are being used to provide an education and care service; or children’s service premises while they are being used to provide a children’s service
- A person must not smoke in an enclosed workplace
- Other relevant smoking or vaping-related offences
See below for additional information
https://www.acecqa.gov.au/resources/projects/child-safety-review
https://www.acecqa.gov.au/sites/default/files/2025-06/InformationSheet_CS.pdf
https://www.health.vic.gov.au/tobacco-reform/learning-environments-smoke-free-and-vape-free
https://www.health.gov.au/topics/smoking-vaping-and-tobacco/about-smoking/laws-in-australia
https://www.legislation.vic.gov.au/in-force/acts/tobacco-act-1987/100