Recent legislative child safety law reforms at both National and Victorian levels have now come into effect impacting education and childcare services providers. Specifically, these reforms are designed to improve the safety, wellbeing, and protection of children in the education and childcare sector, enhance regulatory oversight, and improve professional standards across the sector.
National reforms to child safety
Under amendments to the Education and Care Services National Law and Regulations, a number of nationally agreed reforms will apply across all States and Territories. These reforms aim to ensure that childhood education and care services operate with child safety as the paramount consideration within the sector.
Key changes include:
- Children’s rights and safety is the paramount consideration: specified persons are now required to have regard to and apply the safety, rights and best interests of children as a paramount consideration in the operation and delivery of education and care services to children.
- The use and possession of digital devices in education and care services will be restricted, in line with those restrictions already introduced in Victoria. Specifically, staff are strictly prohibited from using, or having in their possession, their personal mobile phones whilst working around children and are only permitted to use service-issued devices for photos or videos of children.
- Stronger regulatory powers: child education and care regulators will have expanded powers to investigate, share information and take enforcement action, including imposing supervision, suspension or mandatory training orders.
- Extended limitation period for offences and new ‘stop the clock’ provisions. These changes permit proceedings for an offence under the National Law to commence within 2 years from the date after the Regulatory Authority becomes aware of the incident, not just when the incident occurred.
- Mandatory training: national child safety and child protection training will now be mandatory for all staff, volunteers and persons in management or control of a childcare provider.
- Any inappropriate behaviour towards children is now considered an offence under the new legislation.
- Information sharing: a National Early Childhood Worker Register will be established, requiring approved providers to record workforce information for access by regulators. The regulatory authority will have the be able to proactively share information about individuals who are prohibited or subject to enforceable undertakings with their current approved provider and recruiters.
- Working with Children Check (WWCC) requirements have been strengthened and mutual recognition is being enhanced nationally.
- Penalties and compliance: maximum penalties for breaches have been tripled, the scope of offences for which a fine can be imposed has broadened and the scope of regulatory requirements that have become enforceable offences has widened.
The changes to the National provisions have had a staggered roll out, with the first changes having commenced from 1 September 2025, with additional measures most recently taking effect from 27 February 2026.
Victorian Reforms
In addition to the National reforms, further legislative and regulatory changes that go beyond the national framework will apply in Victoria. These reforms arose from a Rapid Child Safety Review commissioned by the Victorian Government in mid-2025 following widespread concern about safety failures in early childhood settings.
Specifically, the Commission for Children and Young People (CCYP) is no longer the regulatory body responsible for the Child Safe Standards and the Reportable Conduct Scheme – it is now the Social Services Regulator (SSR).
Further, Victoria has established the Victorian Early Childhood Regulatory Authority (VECRA), separate from the Department of Education, who will oversee early childhood compliance and will coregulate the WWCC scheme, Reportable Conduct Scheme and Child Safe Standards alongside the SSR.
Reforms specific to Victoria include:
- Expanded regulatory powers: the regulatory authority may immediately suspend individuals from working in early childhood and care services, may direct a provider to take specific action and take disciplinary action against approved providers and persons with management or control of a provider which may result in court proceedings and penalties of over $1million for a large provider and just over $68,000 for an individual.
- Information sharing: VECRA may publish information about enforcement action taken and can proactively disclose information about individuals subject to suspension, supervision or mandatory training to approved providers and recruitment agencies. Approved providers must display quality and compliance histories for their services.
- New offences and reporting requirements: providers must notify VECRA of any reportable sexual offence or misconduct committed by staff or volunteers. A failure to do so is deemed an offence. A provider is prohibited from entering into a contract of insurance indemnifying against financial penalties for non-compliance; doing so is an offence and will result in the relevant term of the contract being deemed void.
- Penalties for large providers: penalties for breaches by large providers (with 25 or more approved services) have been significantly increased, reflecting Victoria’s commitment to holding major organisations accountable.
- Restrictive measures and service controls: VECRA may suspend or cancel service approvals, suspend or revoke service quality ratings during investigations, and enforce new conditions on provider approvals.
All of these Victoria-specific reforms have already taken effect.
What this means
The National and Victorian reforms significantly strengthen the regulatory framework governing early childhood education and care. They create clearer expectations for and obligations on providers and educators, strengthen the ability of regulators to act on safety risks, and improve transparency and accountability across the system. It is paramount that all providers operating within the education and childcare sector familiarise themselves with their enhanced obligations under the National and Victorian reforms and implement the required changes now to ensure compliance with the National and Victorian laws.
HR Legal can assist providers navigate these legislated reforms and ensure they are acting in compliance with child safety laws, including providing bespoke advice in respect of child safety matters, delivering training to whole of workforce through to executive management on child safety obligations and conducting investigations into child safety concerns. See our website for the full range of service offerings we provide.
