Child safety reforms: National and Victoria-specific legislative changes

The Regulatory Authority will:

• have more time to investigate and commence prosecution for alleged offences
• be able to share information with recruitment agencies that supply educators to education and care services
• have the power to gather information from recruitment agencies
• share information about prohibited individuals and those with enforceable undertakings with their current approved provider or recruitment agency.

It is an offence for a prohibited person to give a false or misleading information to a recruitment agency. This includes information about the prohibition notice.

• All maximum penalties will be tripled. For example, under section 167 of the National Law (protection of children from harm and hazards) the maximum penalty will increase from:
  • $11,400 to $34,200 for an individual
  • $57,400 to $172,200 in any other case.
• There will be a broader range of offences for which a penalty infringement notice (fine) can be issued. Examples include not keeping enrolment records and other records, or allowing unauthorised persons on service premises.
• Some existing regulatory requirements under the National Regulations will become offences. For example, not providing a quality improvement plan or not storing documents and records correctly.

For more information about penalties and infringements, see: ACECQA Child Safety.

• The safety, rights and best interests of children will be the consideration for all decision makers in the education and care system.
• The possession and use of digital devices in education and care services will be restricted. Victoria already requires providers and services to comply with these restrictions. Read more at Child safe practices for digital technologies and personal electronic devices.
• Child protection training is now mandatory for all nominated supervisors, staff, volunteers and students who work with children.
• All staff must be made aware of child protection laws and their obligations, even if they do not work with children.
• National child safety training (Foundation module) will be mandatory for everyone working or volunteering in early childhood services. This applies even if they do not work directly with children.
• Inappropriate conduct will be an offence for the approved provider, nominated supervisor and all staff and volunteers.
• The Regulatory Authority will have:
  • more powers to respond to individual misconduct by imposing supervision, suspension, or mandatory training orders.
  • powers to identify, monitor and enforce compliance against related approved providers. This applies where there is a systemic risk to the health, safety or wellbeing of a child or a breach of the National Law.
• Working with Children Check (WWCC) requirements will be strengthened. In all jurisdictions a current WWCC will be required before starting work in a service. Approved providers and Regulatory Authorities must be notified of any changes to WWCC status.
• Approved providers will no longer be able to apply for an ongoing service waiver from the requirement that services must be designed to facilitate supervision.
• Approved providers must notify the Regulatory Authority if 50% or more of their ownership or voting rights is acquired. This only applies to providers who operate as companies, incorporated associations or statutory corporations. It does not apply to partnerships.
• Approved providers of family day care services must assess risks in areas outside the family day care residence. This applies to areas near the residence that may be accessible to children. They must also formally approve the areas of the residence that are suitable for providing education and care.
• Authorised officers will be able to access areas beyond the family day care residence. This will be for limited purposes to enforce the new requirements.
• A National Early Childhood Worker Register will be established. Refer to National Early Childhood Worker Register for more information.

Increased transparency and information sharing

The Regulatory Authority will be able to publish information about enforcement and disciplinary actions. This will apply to certain people involved in the provision of education and care.

Administrative and enforcement powers

The Regulatory Authority will be able to prohibit people who are involved in providing unlicensed services.

Regulatory Authority and Ministerial powers of direction

The Regulatory Authority and the Minister for Children will have new powers to:

• give directions and guidelines to the sector
• direct services in a certain area to close because of an emergency event.

If a person applies for an internal review of a Regulatory Authority decision, the decision will remain in place while the review is being conducted.

Penalties and offences

Victoria is introducing higher maximum penalties for large providers. It is also expanding the number of offences that can result in a fine.

Maximum penalties for providers with 25 or more services will increase by 9 times the previous penalty amounts. A large provider could be liable to a penalty of up to $1,034,100 for the most serious offences.

New regulatory requirements and offences

It will be an offence for an approved provider to take out insurance that indemnifies them (i.e. provides them with coverage) or their staff from a financial penalty for not complying with the NQF or the Child Safe Standards.

Increased transparency and information sharing

The Magistrates Court will be able to order people who are convicted of offences to publish details about the offence. This includes what happened and the consequences.

Administrative and enforcement powers

The Regulatory Authority will be able to:

• directly suspend individuals from working in early childhood education and care services
• take disciplinary action against an approved provider who has breached the National Law or Regulations, including persons with management or control
• cancel a provider approval if the provider has been deregistered or liquidated.
• suspend a service’s quality rating during an investigation.

Persons refused provider or service approval will not be able to reapply for 12 months. They may be able to reapply sooner if the Regulatory Authority gives permission.

Increased transparency and information sharing

Victoria is increasing transparency about regulatory measures. It is also expanding the information sharing powers of the Regulatory Authority. This will help families:

• stay informed
• build trust in the sector
• safeguard against unsafe behaviours and practices
• remove regulatory gaps.

The Regulatory Authority will be able to share the following with approved providers and recruitment agencies:

• information about individuals subject to suspension, supervision or mandatory training
• details about suspension directions, supervision directions and mandatory training directions given directly to an individual.

The Victorian Civil and Administrative Tribunal (VCAT) will be able to order people who are subject to disciplinary action to publish the offence or non-compliance. This includes what happened and the consequences.