Criminal charges against TheirCare Pty Ltd for allegedly putting children’s safety at risk

The Victorian Early Childhood Regulatory Authority (VECRA) has filed charges against TheirCare Pty Ltd in relation to multiple serious alleged breaches at Rosanna Golf Links Primary School TheirCare in Rosanna.

VECRA has filed seven charges against TheirCare, following an investigation into events that took place in 2024. VECRA alleges TheirCare appointed a staff member in a role with responsibility for day-to-day operations and care of children, despite knowing that person did not hold required qualifications or a current Working with Children Check.

Four charges relate to alleged breaches of the Education and Care Services National Law:

• section 51(8) – failure to ensure the safety, health and wellbeing of children
• section 51(8) – failure to operate the service in compliance with Child Safe Standards
• section 165(1) – failure to ensure adequate supervision of children at all times
• section 167(1) – failure to take every reasonable precaution to protect children from harm and hazard likely to cause injury.

Three charges relate to alleged breaches of the Education and Care Services National Regulations:

• regulation 117B – placing a person in day-to-day charge of the service without taking reasonable steps to ensure they had adequate knowledge and understanding
• regulation 170 – failure to ensure that person followed required policies and procedures
• regulation 358(1A) – failure to sight that person’s Working with Children Check before placing them in day-to-day charge of the service.

TheirCare no longer provides outside school hours care services at the Rosanna Golf Links Primary School, with another provider now providing an outside school hours care service at the school.

As criminal proceedings are ongoing, VECRA is unable to provide details about the allegations or comment further until proceedings are concluded.

Quotes attributable to Adam Fennessy PSM, Interim Early Childhood Regulator:

“The Child Safe Standards are clear – staff and volunteers must have a current Working with Children Check, be appropriately qualified and had proper background checks. These requirements have been in place for all services since 2023.”

“To keep children safe, all providers must ensure the correct recruitment and onboarding processes are in place. Parents and caregivers should be able to leave their children in care with the confidence that every educator is suitable and reflects child safety values in their practice.”

“The safety, rights and best interests of children are paramount and our decision to prosecute this provider is a reminder of the requirement to ensure that the strongest suitability measures for all staff and volunteers are in place.”

Further background

On 1 January 2026, the Victorian Early Childhood Regulatory Authority (VECRA) commenced operations as Victoria's new independent early childhood regulator.

A key recommendation from the 2025 Rapid Child Safety Review, the new independent regulator oversees safety, quality, and compliance in early childhood services across Victoria.

Media contact: vecra.media@education.vic.gov.au