Part 1 - Childcare Photography Consent - Who is responsible?

Preamble

There are a few different ways to interpret how consent works in childcare photography — and it’s easy to see why confusion sometimes arises.

Part 1 will focus on who is legally and operationally responsible for obtaining photography consent in childcare settings.

Part 2 (coming soon) will explore how this works in practice, with real-world procedures and examples.

Today, we’ll start by looking at who holds responsibility for childcare photography consent.

In Australia, the childcare service provider (the approved provider or centre operator) is legally responsible for obtaining and managing photography consent — not the photographer.

From our understanding, here’s how it breaks down under the Education and Care Services National Law, National Regulations, and ACECQA’s National Quality Framework (NQF):

1. The Childcare Provider — Primary Responsibility

The approved provider (e.g., Goodstart, Affinity, or a local childcare centre) is responsible for ensuring parental/guardian consent is obtained before any photography takes place.

This falls under Quality Area 2 (Children’s Health and Safety) and Quality Area 6 (Collaborative Partnerships with Families and Communities).

Providers must:

• Collect written consent during enrolment or before each photography session.

  
  

• Clearly inform families about how images will be used, stored, shared, and retained.

  
  

• Maintain secure consent records and provide them if audited.

  
  

• Ensure any third parties (like photographers) comply with the service’s child-safe and privacy policies.

If a photographer takes photos without the centre confirming consent, the accountability still rests with the childcare provider, because they control access to children and their personal information.

2. The Photographer — Shared Responsibility

The photographer has a duty of due diligence.

They must:

• Confirm with the centre that consent has been obtained.

  
  

• Refuse to photograph any child whose consent status is unclear or withdrawn.

  
  

• Handle images according to the Australian Privacy Principles (APPs).

  
  

• Use software or workflows that ensure data is securely collected, stored, transferred, and deleted after the agreed timeframe.

Failure to check consent could still expose the photographer to privacy or ethical complaints, even if the centre technically holds legal responsibility.

3. Parents & Guardians — Consent Authority

• Parents or guardians are the source of consent.
  

• They can grant, refuse, or withdraw consent at any time.

  
  

• Once withdrawn, the centre and photographer must immediately stop photographing, using or displaying those images.

Role	Responsibility	Legal Standing
Childcare Provider	Collects, verifies, and records consent	✅ Primary
Photographer	Confirms consent and securely manages data	⚖️ Shared
Parent/Guardian	Grants or withdraws consent	✅ Authority

Disclaimer:

This information is provided as general guidance only and does not constitute legal advice. Please seek independent advice to confirm your obligations under Australian childcare and privacy laws.