Which early childhood services are regulated

Services we regulate

We regulate approved early childhood services operating in Victoria under the:

National Quality Framework (NQF) – operates across Australia
Children's Services Act 1996 (CS Act) – operates in Victoria only.

NQF services

Around 95% of early childhood services in Victoria are regulated under the NQF. They offer regular education and care to children from birth to 13 years.

These include:

long day care – birth to 5 years
standalone kindergarten (preschool) – 3- and 4-year-old
family day care – birth to 5 years
Outside School Hours Care (OSHC) – sometimes referred to as before school care or after school care
vacation care – school holiday programs that operate for more than 28 days a year.

CS Act services

Services regulated under the CS Act offer care to children on a non-regular, or ad hoc basis. They include:

occasional care
limited hours services.

These services are often in settings such as neighbourhood houses and recreational facilities.

They educate and care for children from birth to 13 years.

For more information, see Children’s services regulated under Victorian law.

Operating an education and care service without approval is an offence.

Services that are not regulated

Some services and activities for children and young people are not covered in the National Quality Framework (NQF) or the Children’s Service Act (CS Act).

These services do not need approval to operate.

The following services are excluded from the NQF and CS Act.

A service that mainly provides instruction in an activity does not need a service approval to operate.
For example:
- sports training
- dance classes
- music lessons
- language
- religious classes.
If you regularly provide education and care in a language other than English, you must have our approval. For example, a language immersion program.
(National Law: section 5(1), CS Act: section 5(1B)(a)).
A service does not need our approval to provide care when a child’s parent or carer is attending a:
- meeting
- convention
- conference
- seminar
- short-term event.
(National Regulations: regulation 5(2)(e), CS Act: section 5(1B)(g)).
Parents or family members that provide or share education and care do not need our approval. The parent or family member must be available and responsible for the child during this time.
(National Regulations: regulation 5(2)(f)).
This includes playgroups where parents or carers meet with their children for play and social interaction. Each parent or carer must look after the children they bring.
Rostered playgroups with a paid provider may need our approval if children attend without their parents.
Informal arrangements where a person cares for or educates another person’s child does not need our approval if:
- at least one child is being cared for or educated in their own home
- no more than 4 children under 6 years of age are being cared for or educated.
(CS Act section 5(3)).
This includes:
- occasions when a family or group of parents arrange a babysitter or nanny to care for their children in a parent's home
- informal arrangements where children aged 6 or older, or children enrolled in Prep are cared for or educated outside their own home.
A personal arrangement does not need our approval. (National Law: section 5(1)).
For example, a parent may ask a neighbour or friend to care for their children after school or at any other time.
The Victorian Regulations and Qualifications Authority (VRQA) registers and regulates all government and non-government schools in Victoria.
Some schools run Pre-Prep or kindergarten programs, sometimes called early learning centres. These centres may be located on the school grounds. They provide education and care for children under school age and are regulated under the NQF.
(National Law: section 5(1), CS Act: section 5(1A)).
Short-term transition programs for children who will start school the following year are not regulated under the NQF or CS Act. (National Regulations: regulation (5)(2)(j)).
A service does not need our approval to provide education and care to patients:
- in a hospital
- receiving medical or therapeutic care.
(National Law: section 5(1), CS Act: sections 5(1)(a) and 5(1)(b)).
Some disability and additional needs services are not regulated under the NQF and CS Act. These services do not need our approval.
This includes:
- disability services provided by a disability service provider under the Disability Act 2006 (Vic) (National Regulations: regulation 5(1)(c), CS Act: section 5(1)(d))
- early childhood intervention services that provide support or intervention for children with disability, additional needs or developmental delay (National Regulations: regulation 5(1)(e), CS Act: section 5(1B)(d))
- services provided to a child who receives supports from a registered NDIS provider under the National Disability Insurance Scheme Act 2013 (Cth) (CS Act: section 5(1)(e)).
Some services provided under the Children, Youth and Families Act 2005 (Vic) do not need to our approval.
This applies to community services and secure welfare services that provide:
- protection
- care
- accommodation.
(National Law: section 5(1)(f), CS Act: section 5(1)(c)).

Contact us for advice

The list above is a general guide. We must assess each situation on a case-by-case basis.

Please contact us to discuss a proposed service or activity, or if you need formal advice:

Phone: 1300 307 415 (Monday to Friday, 9 am to 5 pm)
Email: vecra@education.vic.gov.au

Phone us using an interpreter

You can contact our main switchboard using an interpreter.

Call the National Translating and Interpreting Service (TIS National) on 131 450
Ask them to call 1300 307 415 (Monday to Friday, 9 am to 5 pm)
They will stay on the phone call and interpret.

Phone us using the National Relay Service

The National Relay Service is available as a phone solution for people who are deaf or have a hearing or speech impairment. It's available 24 hours a day, 7 days a week Australia-wide. All calls are free and confidential.

Early childhood

Updated 1 June 2026