We will investigate an early childhood education and care service if:
- there is reason to believe that offences have been or are being committed
- children’s health, safety or wellbeing is at risk.
Investigations are carried out by our authorised officers.
What we investigate
We only conduct investigations into potential offences under the following legislation:
- Education and Care Services National Law Act 2010 (National Law)
- Education and Care Services National Regulations (National Regulations)
- Children’s Services Act 1996 (CS Act)
- Children’s Services Regulations 2020 (CS Regulations)
We also investigate breaches of the Child Safe Standards as an integrated regulator for early childhood services in Victoria. Complying with the Child Safe Standards is a condition of service approval.
We learn about possible offences and risks to children in education and care services in many ways, including:
- authorised officers' observations during a service visit
- notifications from approved providers about serious incidents at the service
- complaints from parents or other members of the community, including information shared by children
- reports from service staff or other agency staff about concerns they have observed
- desktop audits and analysis carried out by our authorised officers
- referrals from other agencies or stakeholders.
You can make a complaint about an early childhood service if you have concerns about the:
- health, safety or wellbeing of children
- behaviours and practices of staff at an early childhood service.
How we investigate
We are committed to carrying out investigations that are procedurally fair, ethical and transparent.
If an incident occurs, we follow a process to determine if it breaks the laws or regulations we regulate.
When learning about a possible breach we first assess and manage risks and then undertake investigative activities as required for the situation. This can include:
- assessing the risk to children’s health, safety and wellbeing
- visiting the service and collect information and evidence
- prioritising investigations that pose the highest risk to children
- taking immediate steps to manage risks such as utilising powers to suspend or prohibit individuals if necessary
- talking to people and in some cases, take statements from witnesses
- collecting documents and information
- interviewing people.
The nature and length of investigations varies. It depends on factors such as complexity, the nature of the harm or risk, and the level of cooperation we receive as well as whether other organisations such as Victoria Police are investigating the same incident.
We work efficiently to complete investigations and achieve fair, ethical and proportionate outcomes. Children’s safety is always our top priority.
Investigation outcomes
We will inform the approved provider of the education and care service about:
- the outcome of the investigation
- whether enforcement action is being considered.
Relevant parties will also be informed about the outcome.
We will not provide information if the law prohibits or protects it.
If an offence has occurred, we will consider the best way to address the situation and keep children safe. This may include enforcement action if serious or repeated offences are found.
How we share information
We proactively share information to support child safety on a national and state level whenever it is lawful to do so.
We can share information to support child safety with a range of organisations including:
- other regulatory authorities across Australia
- the Social Services Regulator
- Victoria Police
- the Victorian Institute of Teaching (VIT)
- the Australian Government Department of Education.
We also have powers that allow VECRA to share information with recruitment agencies and approved providers in certain situations including:
- if a person is prohibited, and
- if there is an enforceable undertaking.
It is an offence for a prohibited person to provide false or misleading information about the prohibition notice.
Role of authorised officers
Authorised officers of VECRA are authorised under the National Law and CS Act. They have legal authority to carry out certain functions, and exercise particular powers under these laws.
Authorised officers must carry an identity card when undertaking their functions or exercising their powers. They must show the card when entering a service and if someone asks to see it.
Powers of entry to undertake investigations
Authorised officers can take certain actions when investigating approved services or providers.
Assisting authorised officers
A service must provide reasonable assistance to authorised officers when they carry out their duties.
It is an offence to:
- obstruct an authorised officer
- fail to provide reasonable assistance
- destroy documents or damage notices
- otherwise hinder and mislead an investigation.
These actions may result in a fine or prosecution.
Offences
- National Law – part 9, division 4
- Children's Services Act – section 148
Complaints about authorised officers
You can make a complaint if you believe a VECRA authorised officer, or any other VECRA staff member, has acted against the law or unreasonably during the conduct of an investigation.
To make a complaint, complete the online complaints form.
All complaints about VECRA staff including authorised officers will be reviewed and investigated by a manager or senior officer.
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