Current State of Education and Care Services in Victoria

Child Safe Standards Child Safety Education and care services Regulation Reportable Conduct Scheme

There has been recent significant media attention about the current state of education and care services in Australia.

Due to the significant investigative work of the ABC Four Corners Program, NSW Green MP Abigail Boyd and the brave educators and parents that brought the issues in New South Wales to light, the Legislative Council of NSW commenced an inquiry into the education and care services sector in New South Wales.

In light of these developments, I thought that I would delve into the current state of education and care services in Victoria. Here is what I have found…

EXECUTIVE SUMMARY

There is very little publicly available information about the current state of education and care services in Victoria, and how they are being regulated by the Department of Education, Quality Assessment & Regulation Division (QARD).

The Productivity Commission recently recommended that all regulators of education and care services in Australia should publish more detailed information in their annual reports to help improve transparency about the way in which education and care services are regulated.[1] I support this recommendation.

Based on the limited information that is publicly available, here is what I have been able to find…

Over 84% of education and care services in Victoria have been rated as meeting, exceeding or excelling in the National Quality Standards. However:
- 582 education and care services (11.95%) do not have an assessment rating under the National Quality Standards.
- 186 education and care services (nearly 4.1%) have been assessed as Working towards the National Quality Standards. This means that there are one or more areas that require improvement.
- 2 education and care services have been assessed as Significant Improvement Required. This means that they do not meet some of the standards or legislative requirements, and there is a significant risk to the safety, health and wellbeing of children. These services are still registered.[2]
There is very limited information about education and care services in Victoria being assessed against the Child Safe Standards. A very small data sample from 2024 indicates a high level of non-compliance with many of the standards.
In 2023, QARD received 5 859 serious incident notifications about education and care services in Victoria.[3] These may relate to incidents such as serious injury or trauma to a child, serious illnesses that require attendance at a hospital, missing or unaccounted for children, and children being mistakenly locked in or out of the premises of the education and care service. There is no publicly available information about the types of serious incidents that were reported, or the specific action QARD took in response to these notifications.
In 2023, QARD received 1 959 notifications about risks to the health, safety and wellbeing of children at education and care services in Victoria.[4] These may relate to incidents such as the suitability of the approved provider or nominated supervisor, and allegations of physical or sexual abuse of children at the service. There is no publicly available information about the specific types of risk to the health, safety and wellbeing of children that were reported, or the specific action that QARD took in response to these notifications.
In 2023, QARD received 2 449 complaints about education and care services in Victoria.[5] There is no publicly available information about the nature of these complaints, other than 8 of these complaints related to services that were not registered. There is also no information about the specific action that QARD took in response to these complaints.

There are five (5) consistent themes arising from the assessments against the National Quality Standards and the enforcement action that has been taken by QARD.

Health and Safety

There are various legal obligations under the Education and Care Services National Law and Regulations that relate to the health and safety of children. These include:

It is a condition of service approval that the education and care service operates in a way that ensures the safety, health and wellbeing of children being educated and cared for by the service.[6]
The approved provider, the nominated supervisor and family day care educator must ensure children are adequately supervised at all times that the children are in the care of the service. Failure to comply with this requirement may amount to a criminal offence.[7]

The National Quality Standards and the Child Safe Standards also specifically require education and care services to provide for the health and safety of children.

For example, Quality Area 2 of the National Quality Standards is focused on children’s health and safety and provides specific requirements regarding wellbeing and comfort, health practices and procedures, healthy lifestyles, supervision, incident and injury management, and protecting children.

The available information suggests that the following health and safety issues need attention in some of the education and care services in Victoria:

Education and care services need to provide adequate supervision of children. This includes:

children being supervised in all areas of the service, by being in sight or hearing of an educator at all times, including during toileting, sleep, rest and transition routines.
children being unable to access unsupervised or unsafe areas in the service.
children only being taken outside the service by an educator, co-ordinator, nominated supervisor, parent or authorised nominee.[8]

Education and care services need to adequately manage incident, injury, trauma and illness of children at the education and care service. This includes:

having policies and procedures to be followed in the event a child is injured, becomes ill, or suffers from trauma at the service.
notifying parents.
maintaining complete, accurate and contemporaneous records.[9]

Education and care services need to adequately prepare for and manage emergencies. This includes:

having policies and procedures with specific instructions for what must be done in the event of an emergency.
having an emergency and evacuation floor plan.
conducting regular risk assessment to identify potential emergencies.
regularly rehearsing the emergency and evacuation procedures.[10]

Education and care services need to have appropriate hygiene practices. This includes ensuring that there are:

safe practices for handling, preparing and storing food.[11]
adequate, developmentally and age-appropriate toilet, washing and drying facilities for children being educated and cared for by the service.[12]
laundry facilities or other arrangements for dealing with soiled clothing, nappies and linen.[13]

Risk management

There are some specific legal obligations under the Education and Care Services National Law and National Regulations regarding risk assessments and risk management. These include:

risk assessments for the purposes of safe arrival of children policies and procedures.[14]
risk assessments for the purposes of sleep and rest policies and procedures.[15]
risk assessments for excursions.[16]
risk assessments before transporting a child.[17]
risk assessments to identify potential emergencies.[18]

The Education and Care Services National Law also states that the approved provider, the nominated supervisor and family day care educator must ensure that every reasonable precaution is taken to protect children being educated and care for by the service from harm and from any hazard likely to cause injury.[19] Failure to comply with this requirement may amount to a criminal offence.

There is also a specific Child Safe Standard that requires education and care services to ensure that physical and online environments promote safety and wellbeing and minimise the opportunity for children to be harmed.[20]

The available information suggests that some education and care services need to improve the way in which they identify, assess and manage risks to children being educated and cared for by the service.

Suitability of staff

There are various legislative requirements regarding the qualifications, skills, experience and suitability of staff that are employed or engaged at education and care services. For example:

approved providers, nominated supervisors and persons in management and control of an education and care service need to be fit and proper persons.
early childhood teachers need to be registered with the Victorian Institute of Teaching (VIT).
all people working with children should have a working with children clearance or an equivalent check such as VIT registration.

There are also specific Child Safe Standards that require education and care services to ensure that staff and volunteers are:

suitable and supported to reflect child safety and wellbeing values in practice.[21]
equipped with the knowledge, skills and awareness to keep children safe through ongoing education and training.[22]

The available information suggests that there have been some issues with the suitability of staff and volunteers in education and care services. These have included:

The person with management and control of a service not being a fit and proper person to be involved in the provision of an education and care service.
Family day care educators and/or family day care assistants not holding current approved first aid qualifications, anaphylaxis management training, and/or emergency asthma management training.
The approved provider not citing and considering a person’s working with children clearance and/or criminal history before engaging them to be part of the education and care service.
Some staff and volunteers have engaged in unreasonable discipline of children.
Some staff and volunteers have been the subject of reportable allegations. The most common allegation is physical violence committed against, with or in the presence of a child.

Educational programs

The Education and Care Services National Law requires approved providers and nominated supervisors to ensure that a program is delivered to all children at the service that is based on an approved learning framework and that is delivered in a manner that accords with the approved learning framework. Failure to comply with this requirement may amount to a criminal offence.[23]

In addition, Quality Area 1 of the National Quality Standards sets out what is expected of the educational program and practice in an education and care service.

The available information suggests that some education and care services need to improve the educational programs being delivered. Specifically:

The educational program must be based on an approved learning framework.
The educational program needs to maximise opportunities for each child’s learning.
There must be sufficient furniture, materials and developmentally appropriate equipment suitable for their education and care.
Each child’s learning and development must be assessed and evaluated.
The service must critically reflect on children’s learning and development so that it can enhance program planning and implementation.

Records management

The Education and Care Services National Law and Regulations requires approved providers of education and care services to maintain various records about children that attend the service. The available information suggests that some education and care services have not complied with these requirements. Specifically:

The child’s enrolment records have not included health information such as the details of the child’s registered medical practitioner, the health care needs of the child including any medical conditions, allergies including whether the child has been diagnosed as at risk of anaphylaxis, details of any dietary restrictions, and the immunisation status of the child.
The child’s records have not included assessments of the child’s developmental needs, interests, experiences and participation in the educational program, and their progress against the outcome of the educational program.

Some education and care services have not maintained adequate attendance records that include details of each child that attends the service, including their full name, the date and time that each child arrives and departs from the service, and a signature of the person who signed them in and out of the service.

The Education and Care Services National Law and Regulations also requires approved providers of education and care services to maintain records about staff. The available information suggests that some education and care services have not complied with these requirements. Specifically, the approved provider has not kept records of all of the information required about nominated supervisors, staff members, educational leaders, volunteers, family day care educators, family day care co-ordinators and family day care assistants.

DETAILED ANALYSIS

As at 1 January 2025, there were 4 869 approved education and care services in Victoria being regulated under the Education and Care Services National Law and the Education and Care Services National Regulations. These services include:

2 013 long day care services for children between 0 – 6 years of age
1 221 kindergartens delivering educational programs for children between 3 and 4 years of age
1 497 outside school hours care for children between 5 and 12 years of age
138 family day care services for children from birth to 12 years of age.[24]

National Quality Standards

Every education and care service in Victoria must comply with the following National Quality Standards:

Quality Area 1 – Educational program and practice

Standard 1.1 – Program – The educational program enhances each child’s learning and development. The educational program and practice is based on the approved learning framework (Element 1.1.1), is child-centred (Element 1.1.2), and maximises opportunities for each child’s learning (Element 1.1.3).
Standard 1.2 – Practice – Educators facilitate and extend each child’s learning and development. This is achieved through intentional teaching (Element 1.2.1), responsive teaching and scaffolding (Element 1.2.2) and child directed learning (Element 1.2.3).
Standard 1.3 – Assessment and Planning – Educators and co-ordinators take a planned and reflective approach to implementing the program for each child. This is achieved through an assessment and planning cycle (Element 1.3.1), critical reflection (Element 1.3.2), and information for families (Element 1.3.3).

Quality Area 2 – Children’s health and safety

Standard 2.1 – Health – Each child’s health and physical activity is supported and promoted. This is achieved through wellbeing and comfort (Element 2.1.1), health practices and procedures (Element 2.1.2) and promoting health lifestyles (Element 2.1.3).
Standard 2.2 – Safety – Each child is protected. This is achieved through supervision (Element 2.2.1), incident and emergency management (Element 2.2.2) and child protection (Element 2.2.3).

Quality Area 3 – Physical environment

Standard 3.1 – Design – The design of the facilities is appropriate for the operation of a service. This is achieved by being fit for purpose (Element 3.1.1) and upkeep (Element 3.1.2).
Standard 3.2 – Use – The service environment is inclusive, promotes competence and supports exploration and play-based learning. This is achieved through an inclusive environment (Element 3.2.1), resources that support play-based learning (Element 3.2.2), and being environmentally responsible (Element 3.2.3).

Quality Area 4 – Staffing arrangements

Standard 4.1 – Staffing arrangements – Staffing arrangements enhance children’s learning and development. This is achieved through the organisation of educators across the service (Element 4.1.1) and the continuity of staff at the service (Element 4.1.2).
Standard 4.2 – Professionalism – Management, educators and staff are collaborative, respectful and ethical. This is achieved through professional collaboration (Element 4.2.1) and professional standards (Element 4.2.2).

Quality Area 5 – Relationships with children

Standard 5.1 – Relationships between educators and children – Respectful and equitable relationships are maintained with each child. This is achieved through positive educator to child interactions (Element 5.1.1) and maintaining the dignity and rights of each child (Element 5.1.2).
Standard 5.2 – Relationships between children – Each child is supported to build and maintain sensitive and responsive relationships. This is achieved through collaborative learning (Element 5.2.1) and self-regulation (Element 5.2.2).

Quality Area 6 – Collaborative partnerships with families and communities

Standard 6.1 – Supportive relationships with families – Respectful relationships with families are developed and maintained and families are supported in their parenting role. This is achieved through supporting families to engage with the service (Element 6.1.1), respecting parent views (Element 6.1.2), and supporting families with services and resources (Element 6.1.3).
Standard 6.2 – Collaborative partnerships – Collaborative partnerships enhance children’s inclusion, learning and wellbeing. This is achieved through continuity of learning and effective transitions (Element 6.2.1), partnerships that support children’s access, inclusion and participation (Element 6.2.2), and community engagement (Element 6.2.3).

Quality Area 7 – Governance and leadership

Standard 7.1 – Governance – Governance supports the operation of a quality service. This is achieved through service philosophy and purpose (Element 7.1.1), management systems (Element 7.1.2), and roles and responsibilities that are effective, clearly defined and understood (Element 7.1.3).
Standard 7.2 – Leadership – Effective leadership builds and promotes a positive organisational culture and professional learning community. This is achieved through continuous improvement (Element 7.2.1), educational leadership (Element 7.2.2), and the development of professionals (Element 7.2.3).[25]

QARD is responsible for conducting an assessment and rating process which involves comprehensively assessing each education and care service against these standards and giving them an assessment rating.

As at 31 December 2024, there were 582 education and care services in Victoria that did not have a rating under the National Quality Standards.

In addition, there were 186 education and care services who were still working towards the Standards, and 2 education and care services where significant improvement was required.

Table 1 – Assessment Ratings

Assessment Rating	31 Dec 2023 No. and % of services [26]	31 Dec 2024 No. and % of services [27]
Excellent This means that the service promotes exceptional education and care, demonstrates sector leadership, and is committed to continually improving.	9 (0.2%)	9 (0.18%)
Exceeding Standards This means that the service goes beyond the requirements of the National Quality Standards in at least four of the seven quality areas.	1 155 (24.3%)	1 168 (24%)
Meeting Standards This means that the service meets the National Quality Standards and provides quality education and care in all seven quality areas.	2 732 (57.4%)	2 922 (60.01%)
Working towards the Standards This means that the service provides a safe education and care program, but there are one or more areas identified for improvement.	264 (5.5%)	186 (3.82%)
Significant improvement required This means that the service does not meet one of the seven quality areas or a section of the legislation, and there is a significant risk to the safety, health and wellbeing of children.	0	2 (0.04%)
No assessment rating This means that QARD has not yet assessed the education and care service against the National Quality Standards.	599 (12.6%)	582 (11.95%)
Total	4 759	4 869

As at 31 December 2024, the most common Quality Areas that require improvement in Victoria are educational program and practice (Quality Area 1), child’s health and safety (Quality Area 2), and governance and leadership (Quality Area 7).[28]

This is consistent with the trends in other states and territories in Australia.[29]

The national data suggests that in relation to educational program and practice, these elements require the most improvement across Australia:

All aspects of the educational program, including routines, are organised in ways that maximise opportunities for each child’s learning (Element 1.1.3).
Each child’s learning and development is assessed and evaluated as part of an ongoing cycle of observation, analysing learning, documentation, planning, implementation and reflection (Element 1.3.1).
Critical reflection on children’s learning and development, both as individuals and in groups, drives program planning and implementation (Element 1.3.2).

In relation to child’s health and safety, these elements require the most improvement across Australia:

Effective illness and injury management and hygiene practices are promoted and implemented (Element 2.1.2).
At all times, reasonable precautions and adequate supervision ensure children are protected from harm and hazard (Element 2.2.1).
Plans to effectively manage incidents and emergencies are developed in consultation with relevant authorities and are then practised and implemented (Element 2.2.2).

In relation to governance and leadership, these elements require the most improvement across Australia:

Systems are in place to manage risk and enable the effective management and operation of a quality service (Element 7.1.2).
The educational leader is supported and leads the development and implementation of the educational program and assessment and planning cycle (Element 7.2.2).
Educators, co-ordinators and staff members’ performance is regularly evaluated and individual plans are in place to support learning and development (Element 7.2.3). ^[30]

There is limited public information about what QARD is doing in response to these assessment ratings.

The Productivity Commission recently recommended that education and care services that are repeatedly being rated as Working Towards the National Quality Standard should face a consistent and escalating range of regulatory measures.[31]

Child Safe Standards

Every education and care service in Victoria must comply with the Child Safe Standards.

From 1 January 2023, QARD has been responsible for regulating whether education and care services in Victoria comply with the Child Safe Standards.

In 2023, QARD provided education and support about how to comply with the Child Safe Standards but did not take any regulatory action.[32]

In March 2024, QARD began specific visits to assess education and care services against the Child Safe Standards. Between April and June 2024, QARD assessed 41 education and care services against all of the Child Safe Standards. Here are the results:

Table 2 – Non-compliance with Child Safe Standards[33]

Standard

No & % of incidences of non-compliance

Standard 1

Relevant entities establish a culturally safe environment in which the diverse and unique identities and experiences of Aboriginal children and young people are respected and valued.

36 (88%)

Standard 2

Child safety and wellbeing is embedded in organisational leadership, governance and culture.

34 (83%)

Standard 3

Children and young people are empowered about their rights, participate in decisions affecting them and are taken seriously.

19 (46%)

Standard 4

Families and communities are informed and involved in promoting child safety and wellbeing.

7 (17%)

Standard 5

Equity is upheld and diverse needs respected in policy and practice.

23 (56%)

Standard 6

People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice.

13 (32%)

Standard 7

Processes for complaints and concerns are child focused.

25 (61%)

Standard 8

Staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training.

22 (54%)

Standard 9

Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed.

36 (88%)

Standard 10

Implementation of the Child Safe Standards is regularly reviewed and improved.

19 (46%)

Standard 11

Policies and procedures document how the relevant entity is safe for children and young people.

29 (71%)

QARD issued letters to each education and care service provider outlining their non-compliance and specifying a timeframe in which to demonstrate that it complies with the relevant Child Safe Standard(s).

Despite this significant non-compliance, QARD only issued two (2) Compliance Notices, and only suspended one (1) education and care service for a period of 6 months.[34]

Serious Incidents

The Education and Care Services National Law requires education and care services to notify QARD of serious incidents.[35] These serious incidents include the following:

the death of a child while that child is being educated and cared for by an education and care service, or following an incident occurring while that child was being educated and cared for by an education and care service.
any incident involving serious injury or trauma to a child occurring while that child is being educated and cared for by an education and care service which a reasonable person would consider required urgent medical attention from a registered medical practitioner or for which the child attended, or ought to have attended, a hospital.
any incident involving serious illness of a child occurring while that child is being educated and cared for by an education and care service for which the child attended, or ought reasonably to have attended, a hospital.
any emergency for which emergency services attended.
any circumstances where a child being educated and cared for by an education and care service appears to be missing or cannot be accounted for.
any circumstances where a child being educated and cared for by an education and care service appears to have been taken or removed from the education and care service premises in a manner that contravenes the Education and Care Services National Regulations.
any circumstances where a child being educated and cared for by an education and care service is mistakenly locked in or locked out of the education and care services premises or any part of the premises.[36]

There is no publicly available information about the serious incidents that were reported to QARD in 2024.

In 2023, QARD received 5 859 serious incident notifications about education and care services in Victoria. These were about the following services:

4 170 notifications about long day care services
846 notifications about standalone kindergartens
771 notifications about outside school hours care services
72 notifications about family day care services. [37]

There is no further information about the types of serious incidents that were reported.

There is also no information about what specific action QARD took in response to these serious incident notifications.

Other Notifications

The Education and Care Services National Law requires education and care services to notify QARD about other incidents and circumstances. These include the following:

the nominated supervisor’s working with children clearance or teacher registration is suspended or cancelled, or they are the subject of disciplinary proceedings in a participating jurisdiction.
the nominated supervisor ceases to be employed or engaged by the service, is removed from the role of nominated supervisor, or withdraws consent to the nomination.
any information that is relevant to whether the approved provider is a fit and proper person to be involved in the provision of an education and care service.
any incident that requires the approved provided to close the service or reduce the number of children attending the education and care service for a period.
any circumstances arising at the service that pose a risk to the health, safety or wellbeing of a child or children attending the service.
any incident where the approved provider reasonably believes that physical abuse or sexual abuse of a child or children has occurred or is occurring while the child is or the children are being educated and cared for by the education and care service.
allegations that physical or sexual abuse of a child or children has occurred or is occurring while the child is or the children are being educated and cared for by the education and care service.[38]

There is no publicly available information about the incidents or circumstances that were reported to QARD in 2024.

In 2023, QARD received 1959 notifications about risks to the health, safety and wellbeing of children at education and care services in Victoria.[39]

There is no information about the specific types of risks to the health, safety and wellbeing of children that were reported to QARD.

There is also no information about what specific action QARD took in response to these risks to the health, safety and wellbeing of children.

Complaints

There is no publicly available information about the complaints that QARD received in 2024.

In 2023, QARD received 2 449 complaints about education and care services in Victoria. These were made up of the following:

1 993 complaints about long day care services
222 complaints about standalone kindergartens
208 complaints about outside school hours care services
26 complaints about family day care services. [40]

There is no information about the nature of these complaints, or what specific action QARD took in response to these complaints.

QARD also received 8 complaints about services that were not approved or registered. There is no information about what action QARD took in response to these services that were potentially operating without being registered or regulated.

Regulatory Action

According to the Enforcement Actions published on its website, QARD took the following regulatory action in response to all of the complaints, notifications and other quality and compliance issues that that it received:

Table 3 – Enforcement Action taken by QARD [41]

REGULATORY ACTION	2023	1 Jan – 30 Sept 2024
Issue Emergency action notice	1	2
Cancel provider approval	2	0
Cancel service approval	2	0
Suspend service approval	1	0
Impose conditions on provider approval	1	0
Impose conditions on service approval	5	4
Issue Compliance Notice	7	9
Agree to enforceable undertaking	0	2
Total	18	17

Note 1: It is important to note that not all regulatory actions are published on the QARD website. Regulatory actions that may not be published include actions that could identify an individual other than an approved provider or nominated supervisor or a person who is being prosecuted for an offence against the National Law.

It is also possible for a person or an approved provider subject to the enforcement action to apply to the Department of Education to request that the information be removed from the website.[42]

Note 2: It is also important to note that this Table does not include the following:

action taken in response to approved providers who did not operate an education and care service for a period of 12 months.
action taken in response to approved providers that were not able to be registered under the Family Assistance Law.
action taken in response to approved providers or services that did not pay annual fees.

There were many varied reasons provided for taking this regulatory action. The most significant and prevalent reasons have been summarised in the table below:

Table 4 – Reasons for taking regulatory action

Reasons	No. times used 2023	No. times used 2024	Total
Safety and wellbeing issues			35
Section 51(1)(a) Service approval is granted subject to the condition that the education and care service operates in a way that ensures the safety, health and wellbeing of children being educated and cared for by the service.	4	2
Section 77(a) QARD may cancel a service approval if it reasonably believes that the continued operation of the education and care service would constitute an unacceptable risk to the safety, health or wellbeing of any child being educated and cared for by the service.	1	–
Section 166 The approved provider and nominated supervisor must ensure that no child being educated and care for by the service is subject to any form of corporal punishment or any discipline that is unreasonable in the circumstances. Staff members and volunteers at an education and care service must not subject any child being educated and cared for by the service to any form of corporal punishment or any discipline that is unreasonable in the circumstances. A family day care educator must not subject any child being educated and cared for by the educator as part of a family day care service to any form of corporal punishment or any discipline that is unreasonable in the circumstances.	2	2
Regulation 77 The approved provider, nominated supervisor and family day care educator must implement adequate health and hygiene practices and safe practices for handling, preparing and storing food to minimise risks to children being educated and cared for by the service.	0	2
Regulation 84A The approved provider, nominated supervisor and family day care educator must take reasonable steps to ensure that the needs for sleep and rest of children being educated and cared for by the service are being met, having regard to the ages, developmental stages and individual needs of children.	2	1
Regulation 103 The approved provider of an education and care service must ensure that the premises and all equipment and furniture used in providing the education and care service are safe, clean and in good order.	2	4
Regulation 104 The approved provider of an education and care service must ensure that any outdoor space used by children at the education and care service premises is enclosed by a fence or barrier that is of height and design that children of preschool aged or under cannot go through, over or under it.	1	1
Regulation 116 The approved provider of a family day care service must conduct an assessment of each proposed residence and each proposed venue before education and care is provided to children to ensure that the health, safety and wellbeing of children who are being educated and cared for by the service are protected.	3	1
Regulation 117 The approved provider of family day care service must ensure that a glazed area must be glazed with safety glass, or that it is treated with a product that prevents glass from shattering if broken, or it is guarded by barriers that prevent a child from striking or falling against the glass.	4	1
Regulation 165 An approved provider of a family day care service must take all reasonable steps to ensure that a record is kept of all visitors to a family day care residence or venue while children are being educated and cared for at the residence or venue.	1	1
Risk management			35
Section 167 The approved provider, the nominated supervisor and family day educator must ensure that every reasonable precaution is taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury.	10	10
Regulation 84C The approved provider must ensure that a sleep and rest risk assessment is conducted.	0	2
Regulation 100 The approved provider must ensure that a risk assessment is carried out before an authorisation is sought for an excursion. The risk assessment must identify and assess risks that the excursion may pose to the safety, health or wellbeing of any child being taken on the excursion and specify how the identified risks will be managed and minimised.	5	2
Regulation 102AAC In order to prepare the safe arrival of children policies and procedures, the approved provider must ensure that a risk assessment is conducted to identify and assess any risks that a child’s travel between an education and care service and any other education or early childhood service may pose to the safety, health or wellbeing of the child, and specify how the identified risks will be managed and minimised.	0	1
Regulation 102C A risk assessment for the transportation of a child by or arranged by the education and care service must identify and assess risks that transporting the child may pose to the safety, health or wellbeing of the child, and specify how the identified risks will be managed and minimised.	4	1
Lack of adequate supervision			10
Section 165 The approved provider, nominated supervisor and family day care educator must ensure children are adequately supervised at all times that the children are in the care of that service.	5	5
Failure to deliver appropriate education and care			20
Section 168 The approved provider and nominated supervisor of an education and care service must ensure that a program is delivered to all children at the service that is based on an approved learning framework and is delivered in a manner that accords with the approved learning framework.	5	7
Regulation 105 The approved provider of an education and care service must ensure that each child being educated and cared for by the education and care service has sufficient furniture, materials and developmentally appropriate equipment suitable for the education and care of that child.	1	3
Regulation 155 An approved provider must take reasonable steps to ensure that the education and care service provides education and care in a way that encourages the children to express themselves and their opinions, allowed the children to undertake experiences that develop self-reliance and self-esteem, maintains at all times the dignity and rights of the child, gives each child positive guidance and encouragement toward acceptable behaviour, and has regard to the family and cultural values, age and physical and intellectual development and abilities of each child being educated and cared for by the service.	1	3
Suitability of approved provider and/or staff			10
Section 31(a) QARD may cancel provider approval if the approved provider or a person with management or control of an education and care service operated by the approved provider is not a fit and proper person to be involved in the provision of an education and care service.	1	0
Regulation 117B An approved provider or nominated supervisor of an education and care service must not place a person in day to day charge unless the person has attained 18 years of age, the approved provider or nominated supervisor have had regard to various matters such as the person’s compliance and disciplinary history, the person has adequate knowledge and understanding about the provision of education and care to children, and the person has an ability to effectively supervise and manage an education and care service.	0	2
Regulation 136 Each family day care educator and family day care assistant must hold a current approved first aid qualification, anaphylaxis management training, and emergency asthma management training.	0	3
Regulation 163 The approved provider of a family day care service must take reasonable steps to ensure that a person aged 18 years or over who resides at the family day care residence, and family day care assistants, are fit and proper persons.	0	1
Regulation 358 The approved provider of an education and care service must read a person’s working with children check before the person is employed or engaged as a staff member, engaged as an educator, registered as a family day care educator, or permitted to volunteer at the service.	1	1
Regulation 359 The approved provider of family day care service must read and consider a person’s criminal history record check before engaging or registering the person as a family day care educator.	1	0
Staffing arrangements			8
Section 51(2) A service approval for a family day care service is granted subject to the condition that the approved provider must ensure that each family day care educator is adequately monitored and supported by a family day care co-ordinator.	2	1
Section 169 An approved provider and nominated supervisor of an education and care service must ensure that the relevant number of educators educating and caring for children is no less than the number prescribed number.	2	0
Regulation 131 If the number of children of preschool age or under at a centred based service is fewer than 25, the service must have access to an early childhood teacher working with the service for at least 20 per cent of the time that the service provides education and care.	0	1
Regulation 144 An approved provider may approve and engage a family day care educator assistant to assist a family day care educator if they obtain specific written consent of a parent of each child being educated and cared for by the educator.	2	0
Insufficient emergency and evacuation procedures			8
Regulation 97 The emergency and evacuation procedures must set out instructions for what must be done in the event of an emergency, an emergency and evacuation floor plan, and additional information if the premises is located within a multi-storey building. The approved provider must also conduct a risk assessment to identify potential emergencies that are relevant to the service.	5	3
Failure to keep adequate records about children			23
Section 175 An approved provider must keep prescribed documents available for inspection. These include documents about any child cared for, or educated at, the service in the previous 12 months.	4	2
Regulation 74 The approved provider must ensure that for a child of preschool age or under, that the following information is documented for the purpose of the educational program: an assessment of the child’s developmental needs, interests, experiences and participation in the educational program, and assessments of the child’s progress against the outcomes of the educational program are documented. The approved provider must also ensure that for a child over preschool age, evaluations of the child’s wellbeing, development and learning are documented.	1	4
Regulation 158 The approved provider of an education and care service must ensure that a record of attendance is kept at the service that records the full name of each child attending the service, records the date and time each child arrives and departs, and is signed by an appropriate person.	1	2
Regulation 160 The approved provider of an education and care service must ensure that an enrolment record is kept for each child enrolled at the education and care service. The child enrolment records must include all of the prescribed information.	3	3
Regulation 162 Each child enrolment record must include specified health information. This information includes details of the child’s registered medical practitioner, the child’s Medicare number, details of any specific healthcare needs of the child including any medical conditions, allergies including whether the child has been diagnosed as at risk of anaphylaxis, any medical management plan, anaphylaxis management plan, risk minimisation plan, details of any dietary restrictions for the child, and the immunisation status of the child.	3	0
Failure to keep adequate records about staff			9
Section 269(1) The approved provider of a family day care must keep a register that contains prescribed information about family day care educators, family day care co-ordinators and family day care assistants.	3	1
Regulation 145 The approved provider of a centre-based service must ensure that a staff record is kept for that service. These records must include certain information about nominated supervisors, staff members, educational leaders and volunteers.	3	2

Reportable Allegations

Education and care services has also been required to comply with the Reportable Conduct Scheme since 1 January 2019. This means that education and care services must comply with the following obligations:

Systems – The head of the entity must have systems in place to report, investigate and respond to reportable allegations, and to prevent reportable conduct.[43]
3 day notification – Within 3 business days of becoming aware of a reportable allegation, the head of the entity must report the reportable allegation and other relevant information to the CCYP.[44]
Investigation– The head of entity must investigate the reportable allegation and provide the CCYP with the details of the person who will be conducting the investigation.[45]
30 day report – Within 30 days, the head of the entity must provide more detailed information to the CCYP. This includes further details about the reportable allegation, any written submissions made by the subject of allegation, and any disciplinary action or other action that has been taken in response to the reportable allegation.[46]
Final report – At the end of the investigation, the head of the entity must provide the CCYP with the findings of the investigation, the reasons for those findings, details of any disciplinary or other action that will be taken in response to those findings (if any), and the reasons for those actions.[47]

In this context, reportable allegations mean allegations that an employee, contractor, volunteer and others employed or engaged by education and care services may have engaged in any of the following conduct:

sexual offence committed against, with, or in the presence of a child
sexual misconduct committed against, with, or in the presence of a child
physical violence committed against, with, or in the presence of a child
any behaviour that causes significant emotional or psychological harm to a child
significant neglect of a child.[48]

Between 1 January 2019 and 30 June 2024, there have been a total of 1 911 notifications made to the CCYP about employees, contractors and volunteers and others employed or engaged by education and care services in Victoria. This represents 24% of all notifications made to the CCYP.[49]

The number of notifications made about education and care services have been summarised in the table below. It is important to note that the notifications made in 2023 – 2024 increased 39% from the previous year.[50]

Table 5 – Number of Notifications about Reportable Allegations[51]

Service Type	2021-2022	2022-2023	2023-2024
Long day care	224	286	438
Pre-school / kindergarten	31	56	39
Outside school hours care	21	34	46
Family day care	8	8	8
Employee / Other Admin	0	0	2
Other	0	0	2
Total	284	384	535

It is important to remember that each notification can contain multiple reportable allegations and can relate to multiple child victims.

There have been 3 053 reportable allegations made to the CCYP about employees, volunteers and contractors in education and care services since 1 January 2019.[52]

Physical violence

When we look more closely at the type of allegations made in education and care services, the most common type of allegation is physical violence committed against, with or in the presence of a child. This accounts for between 55-60% of all allegations made each year.

These types of allegations are made when a person intentionally or recklessly uses physical force against a child that is capable of causing injury or harm to the child. This type of conduct can include hitting, punching, kicking, pushing, pulling, dragging or throwing something that strikes the child.

This type of conduct may also using words and/or actions that are capable of causing a child to think that physical force is about to be used against them.[53]

Behaviour that causes significant emotional or psychological harm

Behaviour that causes significant emotional or psychological harm to a child makes up between 12-18% of all allegations made by education and care services each year.

This may include behaviour such as verbal abuse, coercive or manipulative behaviour, hostility and scapegoating. It can also include rejecting, humiliating, demeaning and belittling a child. This type of behaviour can then manifest in the child being distressed, fearful, withdrawn, anxious or angry (emotional harm) or it may result in the child being diagnosed with depression, an anxiety disorder or any psychological condition (psychological harm).[54]

Significant neglect

Significant neglect of a child makes up 14% of all allegations made in education and care services each year.

This is when a person fails to meet the basic needs of a child. It may include:

supervisory neglect i.e. failure to provide adequate supervision, exposing the child to harm or hazards, or not seeking appropriate medical treatment.
physical neglect i.e. failure to provide adequate food to a child or leaving a child dirty or with poor hygiene.
emotional neglect i.e. failure to provide adequate nurturing, affection, encouragement and support to a child.
educational neglect i.e. failure to ensure that the child’s educational needs are being met.[55]

Sexual misconduct

Sexual misconduct committed against with or in the presence of a child makes up between 5-10% of the allegations made in education and care services each year.

This type of conduct can include conduct of a sexual nature such as exposing a child to sexual activity, undressing in front of a child, or watching a child undress. It can also include conduct towards a child that is overly personal and intimate but not overtly sexual in nature. This may include having inappropriate conversations with a child and massaging a child when this is not part of the person’s role.

This type of conduct may also include grooming. This is where an adult uses manipulative or controlling behaviours to build a relationship of trust with the child, with the overall aim of engaging the child in sexual activity. During this grooming process, not all of the conduct may be overtly sexual in nature. It may therefore include:

initiating opportunities for unsupervised contact with the child
spending inappropriate and special time with the child
granting special favours to the child
allowing the child to breach rules that apply to other children
giving inappropriate gifts to the child
asking the child not to tell anyone about their ‘special’ relationship or activities
building relationships and trust with the child’s other caregivers such as the child’s family members and other people that work or volunteer at the organisation.[56]

Sexual offences

Sexual offences against children make up between 2-4% of all reportable allegations made by education and care services each year. This may include offences such as possession of child abuse material, sexual touching, and sexual assault of a child.

Table 6 – Types of Reportable Allegations[57]

Allegation Type	2021-2022	2022-2023	2023-2024
Physical violence against, with or in the presence of a child	289	362	486
Behaviour that causes significant emotional or psychological harm to a child	84	118	97
Significant neglect of a child	70	94	109
Sexual misconduct against, with, or in the presence of a child	31	70	77
Sexual offence committed against, with or in the presence of a child	17	16	30
Total	491	660	799

The number of reportable allegations that are subsequently substantiated in the education and care services sector ranges between 20-28% each year.[58]

Table 7 – No. of Reportable Allegations substantiated [59]

Year	No. of Allegations substantiated	Percentage
2021-2022	90	20%
2022-2023	189	28%
2023-2024	190	27%
Since 1 January 2019	661	24%

Prohibition Notices

QARD also has the power to prohibit individuals from being involved in the provision of education and care services if they pose an unacceptable risk of harm to a child if they were allowed to remain on education and care services premises or provide education and care to children.[60]

There is no publicly available information about whether QARD used this power in 2024.

In 2023, QARD issued 9 show cause notices to individuals proposing to prohibit them from remaining on education and care services premises or being involved in the provision of education and care. These resulted in 5 prohibition notices and 4 enforceable undertakings.[61]

CONCLUSION

We do not have complete information about the current state of education and care services in Victoria.

The available information provides some valuable lessons and demonstrates the need to continually review and improve the safety, quality and care that we provide to children in education and care services in Victoria.

Safety Quality & Care Legal Services is available to advise and support education and care services during their safety, quality and care journey.

Elena Totino

Founder, Director & Principal Lawyer

Safety Quality & Care Legal Services

March 2025

[1] Commonwealth of Australia, Productivity Commission, A path to universal early childhood education and care – Inquiry Report – Volume 1, June 2024, Recommendation 8.1, p. 89

[2] Commonwealth of Australia, Australian Children’s Education & Care Authority, National Quality Framework Snapshot Q4 February 2025, p. 13

[3] State of Victoria, Department of Education, Quality Assessment and Regulation Division Annual Report 2023, p. 37 & Appendix Table 32

[4] State of Victoria, Department of Education, Quality Assessment and Regulation Division Annual Report 2023, p. 37

[5] State of Victoria, Department of Education, Quality Assessment and Regulation Division Annual Report 2023, p. 37 & Appendix Tables 36 & 38

[6] Education and Care Services National Law (Victoria), s. 51(1)(a)

[7] Education and Care Services National Law (Victoria), s. 165

[8] Commonwealth of Australia, Australian Children’s Education & Care Quality Authority, Guide to the National Quality Framework, January 2025, p. 183

[9] Education and Care Services National Regulations, Regulations 85-87; and Commonwealth of Australia, Australian Children’s Education & Care Quality Authority, Guide to the National Quality Framework, January 2025, pp. 398-399

[10] Education and Care Services National Regulations, Regulation 97

[11] Education and Care Services National Regulations, Regulation 77

[12] Education and Care Services National Regulations, Regulation 109

[13] Education and Care Services National Regulations, Regulation 106

[14] Education and Care Services National Regulations, Regulation 102AAC

[15] Education and Care Services National Regulations, Regulation 84C

[16] Education and Care Services National Regulations, Regulations 100-101

[17] Education and Care Services National Regulations, Regulations102B & 102C

[18] Education and Care Services National Regulations, Regulation 97(2)

[19] Education and Care Services National Law (Victoria), s. 167

[20] Child Safe Standard 9

[21] Child Safe Standard 6

[22] Child Safe Standard 8

[23] Education and Care Services National Law (Victoria), s. 168

[24] Commonwealth of Australia, Australian Children’s Education & Care Quality Authority, National Quality Framework Snapshot Q4 February 2025, p. 7

[25] Commonwealth of Australia, Australian Children’s Education & Care Quality Authority, Guide to the National Quality Framework, January 2025, pp. 104-105

[26] Commonwealth of Australia, Australian Children’s Education & Care Quality Authority, Guide to the National Quality Framework, January 2025, p. 343; and State of Victoria, Department of Education, Quality Assessment and Regulation Division Annual Report 2023, p. 18 & Appendix Table 14

[27] Commonwealth of Australia, Australian Children’s Education & Care Quality Authority, National Quality Framework Snapshot Q4 February 2025, p. 13

[28] Commonwealth of Australia, Australian Children’s Education & Care Quality Authority, National Quality Framework Snapshot Q4 February 2025, p. 25

[29] Commonwealth of Australia, Australian Children’s Education & Care Quality Authority, National Quality Framework Snapshot Q4 February 2025, p.15

[30] Commonwealth of Australia, Australian Children’s Education & Care Quality Authority, National Quality Framework Snapshot Q4 February 2025, p.17

[31] Commonwealth of Australia, Productivity Commission, A path to universal early childhood education and care – Inquiry Report – Volume 1, June 2024, Recommendation 8.5, p. 90

[32] State of Victoria, Department of Education, Quality Assessment and Regulation Division Annual Report 2023, p. 28

[33] Commission for Children and Young People, Annual Report 2023-2024, October 2024, Table 42

[34] Commission for Children and Young People, Annual Report 2023-2024, October 2024, p. 141

[35] Education and Care Services National Law (Victoria), s. 174(2)(a)

[36] Education and Care Services National Regulations 2011, Regulation 12

[37] State of Victoria, Department of Education, Quality Assessment and Regulation Division Annual Report 2023, p. 37 & Appendix Table 32

[38] Education and Care Services National Law (Victoria) 2010, ss. 173 – 174 and the Education and Care Services National Regulations 2011, Regulation 175

[39] State of Victoria, Department of Education, Quality Assessment and Regulation Division Annual Report 2023, p. 37

[40] State of Victoria, Department of Education, Quality Assessment and Regulation Division Annual Report 2023, p. 37 & Appendix Tables 36 & 38

[41] State of Victoria, Department of Education, Quality Assessment and Regulation Division, 2023 Enforcement Actions – National Law and 2024 Enforcement Actions – National Law, https://www.vic.gov.au/enforcement-action-regulatory-authority#enforcement-action-information-that-may-be-published (accessed 26 March 2025)

[42] State of Victoria, Department of Education, Quality Assessment and Regulation Division, https://www.vic.gov.au/enforcement-action-regulatory-authority#information-that-cannot-be-published (accessed 26 March 2025)

[43] Child Wellbeing and Safety Act 2005 (Vic), s. 16K(1)

[44] Child Wellbeing and Safety Act 2005 (Vic), s. 16M(1)(a)

[45] Child Wellbeing and Safety Act 2005 (Vic), s. 16N(1)

[46] Child Wellbeing and Safety Act 2005 (Vic), s. 16M(1)(b)

[47] Child Wellbeing and Safety Act 2005 (Vic), s. 16N(3)

[48] Child Wellbeing and Safety Act 2005 (Vic), s. 3

[49] Commission for Children and Young People, Annual Report 2023-2024, October 2024, p. 103

[50] Commission for Children and Young People, Annual Report 2023-2024, October 2024, p. 103

[51] Commission for Children and Young People, Annual Report 2023-2024, October 2024, Table 18

[52] Commission for Children and Young People, Annual Report 2023-2024, October 2024, p. 105

[53] Commission for Children and Young People, Information Sheet 10 – Physical Violence under the Reportable Conduct Scheme, May 2018

[54] Commission for Children and Young People, Information Sheet 18 – Behaviour that causes significant emotional and psychological harm under the Reportable Conduct Scheme, January 2022

[55] Commission for Children and Young People, Information Sheet 11 – Significant neglect under the Reportable Conduct Scheme, October 2018

[56] Commission for Children and Young People, Information Sheet 9 – Sexual misconduct under the Reportable Conduct Scheme, November 2022

[57] Commission for Children and Young People, Annual Report 2023-2024, October 2024, Table 20

[58] Commission for Children and Young People, Annual Report 2023-2024, October 2024, p. 122

[59] Commission for Children and Young People, Annual Report 2023-2024, October 2024, Table 29

[60] Education and Care Services National Law (Victoria), s. 182

[61] State of Victoria, Department of Education, Quality Assessment and Regulation Division Annual Report 2023, p. 38