The Victorian Early Childhood Regulatory Authority (VECRA) conducts investigations at early childhood education and care services where there is reason to believe that offences have been, or are being, committed that pose a risk to the safety, health or wellbeing of any child at the service.
Investigations are carried out by Authorised Officers of VECRA.
Matters investigated
VECRA will only investigate matters that are within its jurisdiction, that is potential offences against:
- 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 Wellbeing and Safety Act 2005 (CSWA)
VECRA may become aware of a possible offence in many ways, including:
- authorised officers’ observations during a service visit
- notifications made by the approved provider about serious incidents or complaints at the service
- direct complaints received about care provided for children at the service
- reports made by service staff, or other agency staff, about observed issues of concern
- disclosures made by children
- desktop audits and analysis undertaken by VECRA
- referrals by other agencies and stakeholders.
Visit Make a complaint about an early childhood service to lodge a complaint if you have concerns regarding:
- the safety, health or wellbeing of children, or
- the behaviours and practices of staff at an early childhood service.
Investigation process
VECRA is committed to investigations that are procedurally fair, ethical and transparent. If an incident has occurred, we use a systematic process to establish whether or not it constitutes non-compliance with the legislative requirements.
Whenever we become aware of a possible breach of the legislation that we enforce, we make an assessment of the potential level of risk to the safety, health or wellbeing of any child or children at a service. This often includes visiting the service and collecting information and evidence
VECRA prioritises investigating possible breaches of legislation that represent the greatest risk to children. We also commence immediate risk management strategies when appropriate.
The nature and timeframes vary for each investigation, depending on factors such as the complexity and degree of cooperation experienced during the investigation. VECRA works to progress investigations efficiently to achieve appropriate outcomes as soon as possible with our highest priority always being the safety of children.
Following an investigation
VECRA informs the approved provider of the education and care service of the outcome of the investigation. This includes whether enforcement action is being considered. We will also advise any other relevant party of the investigation outcome.
VECRA will not provide information where disclosure is prohibited by the relevant legislation or is otherwise protected by law.
Where evidence collected during an investigation supports a view that an offence has occurred, consideration will be given to the most appropriate way to address the situation and ensure voluntary compliance and the safety of children at the service. This may include enforcement action where persistent or serious offending has been identified at a service.
The role of Authorised Officers
Authorised Officers are VECRA employees. They have delegated authority to undertake certain functions, and exercise particular powers in accordance with the National Law and the CS Act.
They must carry an identity card whenever they undertake their functions or exercise their powers. The card must be shown when entering a service, and on request.
Authorisation of Authorised Officers
- National Law, Section 195
- Children's Services Act, Section 136.
Powers of entry to undertake investigations
Authorised Officers, with any necessary assistance, may:
- enter and inspect any approved service to conduct an investigation at any reasonable time. This entry can be with or without the consent of the occupier
- enter and inspect the business premises of an approved provider for a similar purpose.
Authorised Officers have broad powers to search the service or business premises and anything within it in order to collect evidence, that persons at the service provide information, and to make recordings.
An Authorised Officer may also obtain a search warrant when appropriate to do so. This includes when there is reason to believe that an unapproved service is being operated in contravention of the National Law.
Powers of entry
- National Law, Part 9 Division 2 (section 199)
- Children's Services Act, Section 136.
Requirements to assist Authorised Officers
There is a general expectation that Authorised Officers will be given reasonable assistance when they are exercising their powers. It is an offence to obstruct, fail to assist, destroy documents or damage notices, and/or otherwise inhibit and mislead investigation that may result in a fine or prosecution.
Offences relating to enforcement
- National Law, Part 9 Division 4
- Children's Services Act, Section 148.
Complaints about Authorised Officers
Any person can make a complaint if they believe that an Authorised Officer of VECRA has behaved in a way that is unlawful or unreasonable during the conduct of an investigation.
All complaints about Authorised Officers will be reviewed and investigated by a manager or other senior officer.
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