Pre-School Photographers: Understanding the ‘National Model Code’ - How to Tackle Statutory Declarations from ELCs and Turn Compliance into a Competitive Advantage

The childcare and early learning sector is tightening its policies—and if you’ve been asked to sign a statutory declaration before a photo day, you’re not alone.

Recently, some early learning centre (ELC) brands have introduced statutory declarations for preschool photography companies to sign - documents that not only fail to reflect how photography sessions are conducted but also attempt to claim ownership of the photographs.

These declarations often include clauses such as:

• “Ensure children photographed outside are wearing a wide-brimmed hat and clothing that covers their shoulders.”

• “Only retain images or videos of children by storing them on the cloud-based OneDrive provided by [ELC Brand] for the project.”

While these rules are logical for educators supervising children, they’re not designed for professional photography businesses. And that’s exactly why our industry needs to take a new approach, fast!

Understanding the National Model Code

The National Model Code of Practice for Early Childhood Education and Care, supported by ACECQA’s FAQs, was created primarily for educators and staff working directly with children—not external service providers like photographers.

That doesn’t mean we should ignore these standards. In fact, they’re an opportunity for photography companies to:

• Demonstrate a clear commitment to child safety

• Show leadership in data protection and privacy

• Respect cultural protocols and diversity

Instead of treating compliance as an inconvenience, forward-thinking photographers can use it as a way to build trust with centres and families and stand out from competitors.

A Practical Email Template to Centres (Thank you 'Magic Photography' for sharing)

We’ve worked with our partners and a big thank you to 'Magic Photography' for sharing the below email template showcasing a proactive way to respond to statutory declaration requests:

Subject: Photography Statutory Declaration for [Name of ELC]

Dear Director,

I understand from [ELC Brand] that you've asked us to complete a statutory declaration before photo day at [specific centre].

I wanted to reach out directly, as the declaration in its current form appears to be designed for general contractors rather than professional photographers. Some of its requirements (such as ensuring children photographed outdoors wear wide-brimmed hats and shoulder-covering clothing) don’t reflect the way photography sessions are conducted.

We’ve reviewed the National Model Code and ACECQA’s FAQs. While the Code is primarily intended for educators and staff, we have developed policies that align with its intent and in many cases exceed its expectations.

Please see our full Terms & Conditions here:

[example link - https://ordermyphotos.com.au/webarchive/info.php ]. These cover:

• Consent, image storage, and deletion on request

• Cultural protocols, including guidelines for Aboriginal and Torres Strait Islander children

• Privacy, liability, and security policies

Key commitments from our company:

• All images are stored securely on encrypted servers, never personal devices.

• Families can request deletion of their child’s images at any time; requests are actioned the same day.

• We follow all cultural protocols and directions from your team.

We believe this tailored approach is a stronger safeguard than a generic declaration and ensures families get the service they expect. I’d be happy to discuss this further, but trust this gives you confidence in our approach.

The Usual Response from centres:

Most centres are receptive to this professional approach. Their reply is often something like:

“Thank you for sharing your Terms & Conditions. Due to our updated policy, we require a written statement confirming that your photographers adhere to your company's Terms & Conditions. This will meet our compliance requirements.”

This is a win—you’ve replaced paperwork that doesn’t fit your business with a framework that builds trust and positions you as a leader.

The Netlife/ HVP Solutions Security Advantage

Data security is one of the strongest arguments you can make when discussing compliance:

• Netlife platform is GDPR compliant, exceeding Australian Privacy Act requirements.

• We’re actively pursuing ST4S certification in Australia to further strengthen security measures nationally.

• All partner portals maintain an international A+ security rating.

When we tested quit many Australian companies, the results weren’t impressive. This isn’t about criticising competitors—it’s about raising the bar for the industry.

From Compliance to Opportunity

Proactively addressing statutory declarations isn’t just about avoiding red tape. It’s about:

• Building trust with centres and families

• Demonstrating leadership in safety, privacy, and cultural respect

• Elevating your brand as a professional, child-safety-first business

• Positioning yourself as a partner, not just a supplier

With strong policies and clear communication, compliance becomes more than a requirement—it becomes a selling point. By showing that your photography business is committed to safety and security, you give ELCs a reason to choose you over competitors.

For those that are printing with HVP solutions we have also ensured all staff including print and packing staff undergo a working with children check as well as a national police check.

If you are unsure about the current changes, please get in touch with us at HVP Solutions.