Appendix 3: The regulatory framework

This appendix outlines the regulatory framework that applies to ECEC services.

1. The National Quality Framework

The ECEC system is regulated through a national cooperative scheme known as the National Quality Framework, involving both the Commonwealth and state and territory governments.

The National Quality Framework commenced in 2012, recognising the important role that ECEC plays in children’s learning and development. It provides a national approach to regulation, assessment and continuous improvement of early childhood education and care in long day care, family day care, kindergartens and outside school hours care services in Australia.

The National Quality Framework replaced a patchwork of regulatory and compliance frameworks with the aim of driving national consistency in regulation, assessment and quality improvement, and to reduce the regulatory burden for providers operating across different jurisdictions. It created consistent requirements on educator to child ratios, skills and qualifications and more transparent information on workforce, providers and services. It also supports children’s learning and development through approved learning frameworks.

The National Quality Framework is implemented and overseen in each state and territory by individual regulatory authorities. These are the organisations that assess and rate each service, undertake inspections, and investigate breaches. In Victoria, this is the ECEC Regulator—the Quality Assessment and Regulation Division (QARD) located within the Department of Education.

Nationally, the Framework is monitored and promoted by the Australian Children’s Education Care Quality Authority (ACECQA), which promotes the consistent application of the National Law and maintains some central systems (such as the IT system that all regulatory authorities use).

Governance of the National Quality Framework

Figure A3.1 below outlines the key governance arrangements that oversee and implement the National Quality Framework at the national level and in Victoria.

National Law and Regulations

The National Quality Framework is underpinned by a national legislative framework: the Education and Care Services National Law Act 2010 (National Law) and the Education and Care Services National Regulations (National Regulations).

The National Law and National Regulations were designed to create consistency and reduce regulatory burden for providers operating across different states and territories. Taken together, the National Law and National Regulations establish and regulate:

• the National Quality Framework
• minimum standards for the health, safety and wellbeing of children
• approval of new providers and services that wish to provide ECEC services
• qualifications and staff to child ratios
• the National Quality Standard (discussed below), including assessment and ratings processes; and
• the Australian Children’s Education Care Quality Authority and the role of state and territory regulatory authorities.

National Quality Standard

The National Quality Standard was introduced in 2012 to set a high standard for ECEC services. It is jointly governed by the Commonwealth, state and territory governments.

_{Source: Australian Children’s Education and Care Quality Authority, < https://www.acecqa.gov.au/nqf/national-quality-standard>.}

Assessment against the National Quality Standard

ECEC services are assessed and rated against each of the 7 quality areas and given an overall rating based on the results. Each of the quality areas have 2 or 3 standards embedded within them, to give more specific direction on how the desired measure can be achieved. The assessment process happens at least once every 3 years, but this timeframe can vary based on risk and service performance. New services are typically assessed within their first year or 2 of operation.

Ratings fall into 5 categories: ‘Excellent’, ‘Exceeding National Quality Standard’, ‘Meeting National Quality Standard’, ‘Working Towards National Quality Standard’ and ‘Significant Improvement Required’. A rating of ‘Excellent’ can only be awarded by the Australian Children’s Education and Quality Authority.

Quality ratings are published on national online registers, which are available to the public.

Review of Child Safety Arrangements under the National Quality Framework

The overarching National Quality Framework was reviewed in 2014 and 2019. These reviews have resulted in refinements and improvements, including in relation to safety and wellbeing of children.

In addition, the Australian Children’s Education and Care Quality Authority conducted a specific review of child safety arrangements under the National Quality Framework, which was published in December 2023 (the ACECQA Review of Child Safety Arrangements).

The ACECQA Review of Child Safety Arrangements made 16 recommendations to improve child safety under the National Quality Framework.

The [Child Safety Review] identifies opportunities to refresh and bolster the intent of the [National Quality Framework] and other child safety mechanisms by addressing emerging issues, closing loopholes, strengthening policies and practices, child safe cultures, recruitment processes and information handling, supporting staff capabilities, and improving protections around the use of new, online technologies.

In February 2024, Education Ministers broadly agreed to implement the recommendations, subject to consultation, advice and a regulatory impact assessment. A Consultation Regulatory Impact Statement was made available for public consultation in April 2025. The consultation period closed in June 2025.

The Consultation Regulatory Impact Statement explored a range of reforms relating to:

• management of inappropriate conduct by individuals
• working with children checks and information sharing
• child safety training
• management of personal devices
• approaches to improve safety of the physical environments within ECEC settings; and
• powers of entry and enforcement powers.

Education Ministers will make decisions on reform options based on this feedback, which will be followed by a Decision Regulation Impact Statement, which is expected to be released later in 2025.

In the meantime, progress has been made against certain recommendations. For example,

• The Australian Children’s Education Care Quality Authority has developed guides on embedding child safe cultures and online safety, including the National Quality Framework Online Safety Guide (2025), and released the National Model Code and Guidelines on child safe practices for the use of electronic devices when providing education and care on 1 July 2024. The Victorian Government has introduced a ban on use of personal devices to be implemented by 26 September 2025.
  
• The Australian Institute for Teaching and School Leadership has published materials for early childhood teachers, leaders and employers on applying the Australian Professional Standards for Teachers in non-school settings.

• Education Ministers have agreed to changes to the National Regulations, which commence on 1 September 2025. Changes relevant to this Review include amendments to:

  - Require services to have policies and procedures on the use of digital devices and online environments—particularly on the taking and management of photos or videos of children (including parental consent), use of CCTV, and the use of devices by both staff and children.

  - Reducing timeframes for the notification of incidents of physical or sexual abuse to the relevant regulatory authority from 7 days to 24 hours.

From 1 January 2026, the National Quality Standard will be refined to create a more explicit focus on child safety in Quality Areas 2 (Children’s Health and Safety) and 7 (Governance and Leadership).

2. Child Safe Standards

Child Safe Standards are a set of requirements designed to create child safe cultures within organisations that provide services or facilities for use by children or engage a child in providing services or facilities. Child Safe Standards work to build an organisational culture in which children’s safety is embedded in everyday thinking and practice across all levels of the organisation.

The Child Safe Standards commenced in Victoria in January 2016 as a key response to the Victorian Parliamentary Inquiry into the Handling of Child Abuse by Religious and Other Non-government Organisations, often referred to as Betrayal of Trust inquiry.

Since their introduction, the Standards have been reviewed and updated. Most recently, they were updated in 2022 to more closely align with the National Principles for Child Safe Organisations.

_{Source: Commission for Children and Young People, <The 11 Child Safe Standards>.}

The Child Safe Standards in ECEC services

ECEC services are required to comply with the Child Safe Standards. In Victoria, the ECEC Regulator is the integrated sector regulator of the Child Safe Standards in the ECEC sector.

The ECEC Regulator works with ECEC services to help them understand and comply with the Child Safe Standards, which includes:

• supporting providers and services to comply
• monitoring services’ compliance
• encouraging continuous improvement; and
• taking action against organisations that are breaching their requirements to comply with the Child Safe Standards (as an integrated sector regulator, the ECEC Regulator can take enforcement action for non-compliance with the Child Safe Standards using powers under the National Law or the Children’s Service Act).

The ECEC Regulator takes a risk-based approach to enforcement of the Standards. It will analyse each case, and decide on the appropriate enforcement action based on:

• the risk to children’s safety, health and wellbeing
• the type of non-compliance found; and
• the number of non-compliances at the service.

The ECEC Regulator will take stronger enforcement action if the non-compliance(s) are more serious, or the service continues to fail to comply.

In 2023–24, the ECEC Regulator considered the Child Safe Standards as part of 4,192 broader regulatory visits to ECEC services and identified 46 non-compliances. The overwhelming majority of non-compliances related to Standard 2 (33) followed by Standard 8 (5) and Standard 11 (3).

In March 2024, the ECEC Regulator commenced a themed program of visits through the Focused Child Safe Standards Visits Program, in which Authorised Officers considered compliance with all 11 Standards across 41 ECEC services. Where non-compliance is identified, services will receive a letter detailing the non-compliance with a requirement to address the matter within a particular timeframe and will sometimes be guided by advice by the ECEC Regulator on how to do so.

3. Reportable Conduct Scheme

A reportable conduct scheme is a legal framework that requires certain organisations to report and respond appropriately to allegations of child-related misconduct by staff and volunteers. It allows a regulator to independently oversee how the organisation responds to the allegation and share information with other regulators and organisations, such as police, about individuals who work in organisations with direct contact with children.

Victoria’s Reportable Conduct Scheme commenced in July 2017. Like the Child Safe Standards, it was also recommended by the Betrayal of Trust inquiry to give greater scrutiny and oversight over how organisations managed child safety concerns. It applies to a smaller subset of organisations than the Child Safe Standards—focused on organisations that have more direct contact with children and young people.

The Reportable Conduct Scheme imposes obligations on heads of certain organisations to notify the Commission for Children and Young People about any reportable allegations relating to adult staff or volunteers within 3 days of becoming aware of it.

Reportable conduct includes:

• sexual offences committed against, with or in the presence of a child
• sexual misconduct committed against, with or in the presence of a child
• physical violence against, with or in the presence of a child
• any behaviour that causes significant emotional or psychological harm to a child; and
• significant neglect of a child.

Organisations are required to notify the Commission for Children and Young People within 3 days upon becoming aware of a reportable conduct allegation and update the Commission for Children and Young People within 30 calendar days with more detailed information about the reportable allegation and the proposed approach to addressing it. Once any investigation is complete, any investigation findings or disciplinary action should also be provided, including an explanation if no action is taken. The Commission for Children and Young People also has power to initiate an own motion reportable conduct investigation.

ECEC services have been subject to the Reportable Conduct Scheme since January 2019. Allegations can relate to the conduct of employees, volunteers, contractors or office holders—and since 1 July 2024 also includes workers or volunteers provided through labour hire agencies as well as secondees.

In 2023–24, notifications from the ECEC sector comprised 28 per cent of the overall notifications made under the Reportable Conduct Scheme. ECEC notifications rose 39 per cent in 2023–24 compared to the previous year. It is important to note that reporting rates will be informed by a range of factors—including the size and number of organisations within a sector, the type of engagement they have with children and young people (including the risk environment) and staff awareness to make a report.

In 2023–24, the most common reportable allegation type for the sector was physical violence (61 per cent), followed by behaviour that causes significant emotional of psychological harm (12 per cent), significant neglect (14 per cent), sexual misconduct (10 per cent) and sexual offences (4 per cent). 24 per cent of reportable allegations have been substantiated since the ECEC sector became subject to the scheme.

The Commission for Children and Young People has a range of information-sharing powers and obligations relating to reportable conduct—including with Working with Children Check Victoria.

4. Working with Children Check scheme

Victoria’s Working with Children Check scheme commenced in April 2006. It is a screening process for assessing people who work with, or care for, children in Victoria. It aims to prevent people who are considered to pose an unacceptable risk to children from engaging in child-related work, either as an employee or a volunteer. The Worker Screening Unit within the Department of Government Services is responsible for administering the Working with Children Check scheme.

Factors considered when issuing a Working with Children Check

The Working with Children Check scheme is based on the presumption that every adult is suitable to work with children, unless their established criminal or disciplinary history suggests otherwise. A very broad range of people are required (or requested) to hold a Working with Children Check—from casual volunteers at the school canteen to those who are being paid to provide direct care and services to children every day. Around 2 million Victorians hold a Working with Children Check.

When a person submits an application, Working with Children Check Victoria confirms an applicant’s identity and then considers if they have any:

• criminal record in any Australian state and territory across their lifetime – including serious sexual, violent and drug offences they have previously been charged with, regardless of the outcome of those charges
• findings related to professional conduct, which is determined by:

- the Victorian Institute of Teaching
- the Suitability Panel, established under the Children, Youth and Families Act 2005, which makes findings related to the suitability of registered out-of-home carers
- the Commission for Children and Young People through the Reportable Conduct Scheme.

• compliance (if applicable) with historical and current health practitioner legislation
• current or historical reporting obligations or orders under the Sex Offenders Registration Act 2004 or the Serious Offenders Act 2018.

A person holding a Working with Children Check is subject to ongoing monitoring for criminal offending or a new finding or decision from a prescribed disciplinary or regulatory body that may result in a new risk assessment. Working with Children Check Victoria receives a range of information from other regulators, including the Victorian Institute of Teaching and the Commission for Children and Young People.

National standards for Working with Children Checks were agreed by all jurisdictions in 2019; however, these reflect only minimum features of schemes rather than creating national consistency and harmonisation.

5. Prohibition notices relating to ECEC workers

The ECEC Regulator in the Victorian Department of Education regulates services’ compliance with the National Law. The primary responsibility for individual employees under the National Law is with services, who need to comply with certain obligations in relation to individuals. However, the ECEC Regulator does have limited scope to sanction individual workers, by issuing prohibition notices that exclude them from a service or the sector more broadly. This is generally reserved for the most serious cases of non-compliance. Examples of factors that may be taken into account in making a decision to issue an immediate prohibition include where:

• An individual has been excluded from holding a Working with Children Check.
• Facts have been tested before a court or tribunal which established, on the balance of probabilities, that the person was responsible for harming a child.
• It becomes apparent through an investigation, where the person has been interviewed, that they pose an immediate risk to children.

Factors that may be taken into account when issuing a show cause notice, reflecting an intention to issue a prohibition notice, may include:

• Victoria Police has laid criminal charges.
• The ECEC Regulator has investigated the person and is prosecuting them for non-compliance with the National Law.
• Another regulator, such as the Victorian Institute of Teaching, has revoked or cancelled their work permissions because they pose a risk of harm to children.

Other grounds to consider a show cause for a potential prohibition notice include the ECEC Regulator substantiating a serious harm has occurred involving an individual (or there is available evidence such as an admission or CCTV to demonstrate this), there are substantiated reportable conduct, Working with Children Check Victoria has issued an interim exclusion and is seeking a response, or notifications about an individual suggest a pattern of concerning behaviour.