Enforcement action

The National Law and National Regulations allow us to publish the following enforcement actions:

• compliance directions
• compliance notices
• prosecutions
• enforceable undertakings
• suspension of a provider approval or service approval
• cancellation of provider approval or service approval
• amendment made to a provider or service approval for compliance purposes (to impose, remove or vary a condition)
• emergency action notice
• emergency removal of children
• infringement notices
• prohibition notices
• directions to exclude persons from early childhood services
• suspension directions
• training directions
• supervision directions
• disciplinary proceedings – including orders made by the relevant tribunal or court in relation to disciplinary proceedings.

We can publish the following details about these enforcement actions:

• the service name and address (if applicable)
• the approved provider name and number
• the type of enforcement action taken
• the reason for taking enforcement action, including section(s) of the relevant Act or Regulations breached
• the date details and outcome of the enforcement action
• the details of persons against whom the enforcement action was taken (if applicable).

We cannot publish information about enforcement action that may identify or lead to the identification of a child.

The CS Act and CS Regulations allow a narrower range of information and enforcement actions to be published.

We can publish the following enforcement actions:

• compliance notices
• enforceable undertakings**
• suspension of a provider or service approval
• cancellation of a provider or service approval
• amendment made to a service or provider approval for compliance purposes (to impose a condition)
• emergency action notice
• prohibition notices – with limitations on publishing information about individuals**
• a notice to suspend a family day care educator (part of an action against the approved provider).

** We can only publish information about individuals who are:

• an approved provider
• a nominated supervisor
• a person who is being prosecuted for an offence against the CS Act
• persons with management or control of an education and care service, if it is deemed in the public interest to do so.

A written notice from VECRA to providers who have not complied with certain regulations in the National Regulations or CS Regulations. It sets out the steps that must be taken to remedy the breach by a set deadline.

Failure to comply with a compliance direction carries a lower penalty than failing to comply with a compliance notice.

A written notice from VECRA to providers who are not complying with any requirement of the National Law or CS Act. It sets out the steps that must be taken to remedy the breach by a set deadline.

Failure to comply with a compliance notice carries a higher penalty than failing to comply with a compliance direction.

An enforceable undertaking is a legally enforceable written agreement where an individual or a provider commits to fixing a breach of the National Law, CS Act or associated regulations. For example, this may involve educator training or an operational review.

If the entity continues to comply with the terms of the enforceable undertaking, no further proceedings can be brought against them for the same breach or alleged breach.

If the entity does not comply with the enforceable undertaking, VECRA can apply to a tribunal or court for an order to have it enforced.

VECRA may suspend a service or provider approval for a specific period of time. If a service approval is suspended, the provider must stop operating that service. If a provider approval is suspended, all services operated by the provider, including in other states and territories, are also suspended.

Unless there is an immediate risk to the safety, health or wellbeing of children, VECRA will issue a show cause notice to the provider and consider their response before deciding whether to suspend. A show cause is a request to explain or justify their actions.

Cancellation of a service approval means that the service must stop operating permanently. Cancellation of a provider approval permanently prevents that provider from operating any approved education and care service and all service approvals held by the provider, including in other states and territories, are also cancelled.

Unless there is an immediate risk to the safety, health or wellbeing of children, VECRA will issue a show cause notice to the provider and consider their response before deciding whether to cancel. A show cause is a request to the provider to explain or justify why VECRA should not take its proposed cause of action.

VECRA can amend a service or provider approval to vary or impose a condition on the approval. Varying or imposing a condition on a service or provider approval may be a type of enforcement action. For example, where it is needed to address a risk to the health, safety and wellbeing of children.

An emergency action notice is an urgent written direction from VECRA where there is an immediate risk to the safety, health or wellbeing of children attending the service.

It directs the provider to take steps to remove or reduce the risks by a set deadline. If a provider does not comply with the emergency action notice, VECRA may consider suspending their service approval.

This enforcement action is used if there is an immediate danger to the safety or health of children attending a service. It involves immediate removal of children from the service.

A prohibition notice is used to prevent individuals from working in an education and care service. This could include nominated supervisors, educators, volunteers and others.

Depending on the individual circumstances, the notice might prohibit the person from working in, managing or being present at a service.

VECRA may issue these directions to prevent a person from entering education and care service premises while children are present, where the person poses a risk to the safety, health or wellbeing of a child at the service or it would otherwise be appropriate for them to be at the premises with children present. It relates to people who are not involved in providing education and care. For example, parents or others.

A suspension direction is a notice directing a provider to suspend someone at their service from providing education and care to children.

Suspension directions may be issued where a staff member, family day care educator, volunteer or nominated supervisor has breached the National Law or poses a risk to the safety, health or wellbeing of children being educated at the service.

VECRA can also give a suspension direction directly to a nominated supervisor, staff member or volunteer, which requires that person to cease providing education and care to children.

A supervision direction is a notice given by VECRA to a provider about the conduct of a staff member or volunteer. It requires the provider to ensure that a staff member or volunteer is directly supervised by a suitable qualified person while providing education and care for a specified period.

Supervision directions may be issued where a staff member or volunteer has subjected a child to inappropriate discipline or conduct or where their conduct have resulted in the provider or nominated supervisor breaching the National law.

A training direction is notice given by VECRA to a nominated supervisor, staff member or volunteer. It requires them to complete training and provides details of any conditions on this training.

Training directions may be issued where a nominated supervisor, staff member or volunteer has subjected a child to inappropriate discipline or conduct or where their conduct has resulted in the provider or nominated supervisor breaching the National Law.

Disciplinary proceedings are legal action that VECRA can take by against a:

• provider
• nominated supervisor
• person with management or control, or
• family day care educator.

Importantly, the relevant person or entity must agree to these disciplinary proceedings.

The types of disciplinary action available are:

• a reprimand
• a financial penalty or
• an order to take or refrain from certain actions to comply with the National Law or Regulations.

If no agreement can be reached on the proposed disciplinary action, VECRA can apply to VCAT to make orders in relation to the relevant person.

VECRA can prosecute providers and certain other individuals for serious breaches of the National Law, Children’s Services Act or associated regulations. This includes breaches that put the health, safety and wellbeing of children in danger. These prosecutions are heard in court with a range of penalties available to the courts including fines.

2025

• 2025 Enforcement Actions - National Law (DOCX, 80KB)
• 2025 Enforcement Actions - National Law (PDF, 256KB)

2024

• 2024 Enforcement Actions - National Law (DOCX, 113KB)
• 2024 Enforcement Actions - National Law (PDF, 344KB)

2023

• 2023 Enforcement Actions - National Law (DOCX, 111KB)
• 2023 Enforcement Actions - National Law (PDF, 239KB)

2022

• 2022 Enforcement Action Table (DOCX, 108KB)
• 2022 Enforcement Action Table (PDF, 293KB)

2021

• 2021 Enforcement Action Table (DOCX, 94.7KB)
• 2021 Enforcement Action Table (PDF, 229KB)

2020

• 2020 Enforcement Action Table (DOCX, 129KB)
• 2020 Enforcement Action Table (PDF, 352KB)

Children’s Services Act 1996

Enforcement and compliance action taken under the Children’s Services Act 1996 from 2021 to 2025.

• Enforcement Actions - Children’s Services Act 1996 (DOCX, 96KB)
• Enforcement Actions - Children’s Services Act 1996 (PDF, 178KB)