20th February 2026
Federal, State and Territory Ministers today agreed to Strengthen the requirements of fencing under Regulation 104 by adding the risk of entrapment and strangulation.All State and Territory Ministers also agreed to amend the National law to clearly define active and adequate supervision.
Minister Hersey has floated the idea of phasing out loop top fences in the Northern Territory over time.
The Northern Territory Government has successfully secured changes to National laws in relation to fencing and supervision in childcare centres at the National Education Minister's Meeting held in Adelaide today, attended by the Northern Territory's Minister for Education and Training Jo Hersey.
Federal, State and Territory Ministers today agreed to Strengthen the requirements of fencing under Regulation 104 by adding the risk of entrapment and strangulation.
This would not be retrospective, however Minister Hersey has floated the idea of phasing out loop top fences in the Northern Territory over time.
"The changes to these national laws honour the legacy of Ebony Thompson and her family.
"I've been a fierce advocate for these changes since the coroners report revealed Ebony's death was preventable," Minister Hersey said.
Service providers in the Territory follow AS1926.1, the National building standards in relation to pool fencing, the Minister's made a commitment to amend this standard, ensuring strangulation, hanging and entrapment risks are explicitly identified and addressed in accordance with the playground equipment standard AS4685.
All State and Territory Ministers also agreed to amend the National law to clearly define "active and adequate supervision" to drive a consistent practice that supports safety, quality and the pedagogical outcomes for children.
"I'd like to thank Federal Ministers Jason Clare, Jess Walsh and my State and Territory colleagues for being so supportive of these changes, and for acknowledging the actions taken by the Northern Territory Government in response to Ebony's death and the coronial," Minister Hersey added.
Consultation with Northern Territory centres will begin on changes to 'under-roof ratios' to ensure providers aren't misusing the measure and ensure ratios allow for active and adequate supervision.
