Our role as the regulator
We regulate early childhood services in Victoria to make sure they provide safe education and care.
We enforce compliance with 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)
- Child Safe Standards under the Child Wellbeing and Safety Act 2005.
We are also an integrated sector regulator of the Child Safe Standards.
This means we can take enforcement action for non-compliance with the Child Safe Standards using our powers under the National Law or CS Act.
How we approach enforcement
We may take enforcement action where providers and services:
- do not comply with legislation
- deliberately or repeatedly fail to comply.
We can also take action against individuals working in services.
We use a risk-based approach to enforce compliance, assessing each case individually.
The enforcement action taken depends on:
- the risk to children’s health, safety and wellbeing
- the type of non-compliance
- whether there are multiple or repeated issues.
More serious or ongoing non-compliance will result in stronger enforcement action.
Usually we start with less serious enforcement action and escalate if needed.
Who we can take action against
We can take enforcement action against:
- approved providers
- persons with management or control
- nominated supervisors or persons in day-to-day control
- family day care educators
- staff members
- volunteers
- persons in day-to-day charge.
We can also take action against individuals to:
- suspend or prohibit them from working in early childhood services
- accept an enforceable undertaking for a person to carry out or refrain from carrying out specific action
- issue directions for supervision, mandatory training or other specified actions.
Types of enforcement action
We use a range of enforcement options depending on the situation.
These include:
- holding formal regional meetings
- placing providers and services on additional monitoring to make sure they resolve non-compliances and keep children safe
- imposing conditions on service or provider approval
- suspending or cancelling service or provider approval, including deregistered or liquidated providers
- issuing infringement notices
- issuing compliance notices and directions
- issuing emergency action notices
- accepting enforceable undertakings
- imposing a direction for supervision or mandatory training of an individual
- suspending or banning a person, including someone providing unlicensed services
- prohibiting an individual – including someone providing unlicensed services.
Court action
For the most serious non-compliances we prosecute individuals and/or providers for breaches of the law.
From 2 January 2026, we can ask the Magistrates Court to order people convicted of offences to publicise the details of their offence. This includes information about what happened and the consequences of the offence.
Penalties
From 2 January 2026, the maximum penalties that courts can award have now increased for approved providers and services regulated under the National Law and National Regulations. They have:
- tripled for all services across Australia
- increased by 9 times for large providers with 25 or more services located in Victoria.
This means a large provider may face a penalty of up to $1,034,100 for the most serious offences.
Child Safe Standards
We are an integrated sector regulator of the Child Safe Standards.
We can take enforcement action for non-compliance with the Child Safe Standards using our powers under the National Law or the CS Act.
Publication of enforcement actions
We publish information about our enforcement actions to provide transparency to parents and the early childhood sector.
See: Enforcement actions.
Updated