Children's Services Act 1996

The Act applies to:

• Approved providers of Victorian children's services. These include individuals, bodies corporate, eligible associations, partnerships, and prescribed entities (section 3(1) definition of "person").
• Nominated supervisors of those services, who carry personal obligations under Part 4.
• Staff members (educators and other employees) at children's services, particularly regarding discipline.
• Persons with management or control of bodies corporate or associations that operate children's services, assessed in fit-and-proper evaluations.
• Persons who are the subject of prohibition notices (section 123), prohibiting them from attending service premises.

The Crown is bound by the Act but cannot be prosecuted (section 4).

The Act does not apply where:

• children are hospital patients, recipients of disability or NDIS services, or community service clients (section 5(1)),
• children are receiving education at a preparatory level or above at a school (section 5(1A)),
• the service principally provides instruction in a specific activity or sport, early childhood intervention for children with disability, school orientation programs, hotel/resort childminding, ad-hoc conference care, camp services, or other prescribed classes (section 5(1B)),
• care is provided in the children's own home, by a relative, or under an informal arrangement as specified in section 5(2)-(4).

Provider approval: before operating or managing a children's service, a person must hold a provider approval (sections 99, 10). Providing a service without being an approved provider for that service, and without the service being an approved children's service, is an offence carrying 120 penalty units for individuals, 600 for other persons (section 99).

Service approval: a service approval must exist for each children's service operated. The application must be made to the Regulatory Authority and must include prescribed information, and the Authority investigates before making a decision (sections 42-47).

Annual fee: an approved children's service must pay an annual fee to the Regulatory Authority (section 52).

Approval in principle for Part 3A buildings: before a building permit is issued for construction, alteration, or repair of proposed children's service premises in a Part 3A building, the provider must obtain an approval in principle from the Regulatory Authority (sections 100A, 100B). The application must be made before the building permit is issued; no grandfathering applies to buildings where a permit has already been issued.

Operating obligations under Part 4:

• An approved provider must ensure at least one nominated supervisor exists for each service (section 101, 20 penalty units/100 penalty units).
• A nominated supervisor must meet prescribed minimum requirements (section 102).
• The approved provider must ensure a responsible person (the approved provider if an individual, a person with management or control, a nominated supervisor, or a person in day-to-day charge) is present at all times children are being cared for (section 103).
• All nominated supervisors and persons in day-to-day charge must have completed required child protection training (section 104).
• All children must be adequately supervised at all times (section 105, 60/300 penalty units for approved providers, 60 penalty units for nominated supervisors).
• No child may be subjected to corporal punishment or unreasonable discipline (section 106, same penalties, also applies to staff members and volunteers).
• Every reasonable precaution must be taken to protect children from harm and hazards (section 107).
• An approved learning framework-based program must be delivered to all children (section 108).
• Prescribed educator-to-child ratios and qualification requirements must be met (section 109, 60/300 penalty units). Waivers are available under Parts 3 Division 5 and Division 6.
• Only authorised persons (those with a current WWC clearance, or parents/family members, or authorised nominees, or emergency personnel) may remain on premises during care hours (section 110).

Notification obligations:

• Providers must notify the Regulatory Authority of changes in their name, appointment or removal of persons with management or control, failure to commence operating within 6 months of service approval, serious incidents, complaints about serious incidents or contravention of the Act, and proposed changes to premises (sections 113, 114).

Record-keeping: prescribed documents must be kept and be available for inspection by authorised officers at or readily accessible from the service premises (section 115).

Regulatory Authority powers:

• Grant or refuse provider and service approvals, and approvals in principle, with or without conditions (sections 15, 47, 100E).
• Amend approvals on application or on own initiative, with conditions (sections 22, 23, 53, 54).
• Suspend or cancel provider and service approvals after a show-cause process, or without show-cause where immediate risk to the safety of children warrants it (sections 25-34, 70-84).
• Issue compliance directions requiring specified steps within at least 14 days (section 116, 10/50 penalty units for non-compliance).
• Issue compliance notices requiring specified steps within a specified period (section 117).
• Issue emergency action notices requiring immediate action where there is an immediate risk to health or safety (section 118).
• Accept enforceable undertakings from approved providers, which bar certain regulatory actions while in force and bar cancellation if complied with (sections 119-121).
• Issue prohibition notices banning individuals from being at children's service premises while children are present (sections 123-127). Prohibited persons, and providers who engage them, commit offences.
• Give written directions to exclude inappropriate persons from service premises (section 111).
• Authorise authorised officers to monitor, assess, and investigate approved children's services, and to enter premises (sections 136-141).
• Apply for search warrants (section 142, Schedule 1 powers).
• Obtain information, documents, and evidence by notice or at the service (sections 155, 156).
• Fund children's services (section 169).
• Issue guidelines (section 170).

Inspector and authorised officer powers:

• Enter service premises for monitoring and assessment (section 138), or for investigation on reasonable grounds (section 139), or business premises related to a service (section 140).
• Entry without consent is limited; warrants are required in most circumstances.
• Require names and addresses, evidence of age, and production of documents (sections 145-147).
• Seize items reasonably believed to be evidence (section 143).

Emergency powers:

• The Regulatory Authority may arrange for the emergency removal of children from a service where immediate risk to safety is identified (section 131).

Offences and penalty levels:

| Conduct | Individual | Body corporate/other | |---|---|---| | Providing service without service approval (s 99) | 120 PU | 600 PU | | Advertising service without approval (s 100) | 40 PU | 200 PU | | No nominated supervisor (s 101) | 20 PU | 100 PU | | Inadequate supervision (s 105) | 60 PU (provider) / 60 PU (supervisor) | 300 PU (provider) | | Corporal punishment or unreasonable discipline (s 106) | 60 PU | 300 PU | | Failure to protect from harm/hazards (s 107) | 60 PU | 300 PU | | Staffing ratio breach (s 109) | 60 PU | 300 PU | | Unauthorised person on premises (s 110) | 5 PU | 25 PU | | Non-compliance with compliance direction (s 116) | 10 PU | 50 PU | | Contravening prohibition notice (s 128) | penalty not stated in retrieved provisions | | Obstruct authorised officer (s 148) | penalty provisions in Part 5B | | False/misleading information (s 182) | Part 6 Division 4 |

Penalty unit values are those applicable under Victorian law.

Infringement offences: under section 178A, infringement notices may be issued for prescribed offences, providing an administrative penalty pathway that does not require court proceedings.

Bodies corporate: section 175 makes officers of bodies corporate liable where they engaged in, authorised, permitted, or negligently failed to prevent the offence.

Partnerships and eligible associations: section 176 extends liability to all members of a partnership or association where the entity commits an offence.

Enforceable undertakings and prohibition notices provide compliance tools short of prosecution.

Review: decisions of the Regulatory Authority are subject to internal review (Part 5A Division 1) and external review by VCAT (Part 5A Division 2, section 135).

Provider approval application: no statutory decision deadline is specified in the retrieved provisions. The Regulatory Authority may seek further information (section 14), pausing the clock.

Service approval application: the Regulatory Authority investigates and makes a determination (sections 45-47). No statutory deadline is specified.

Approval in principle: the Regulatory Authority must decide within 60 days of receiving the application, excluding time taken to respond to requests for further information (section 100E(2)). The period can be extended by agreement. If no decision is made in time, refusal is deemed (section 100E(4)). Approvals in principle expire at the end of 4 years, or an extended period, and can be reinstated within 1 year of expiry (sections 100R-100T).

Show-cause before suspension or cancellation: the Regulatory Authority must give a show-cause notice with at least 14 days to respond before suspending or cancelling an approval, except where an immediate risk to children warrants action without show cause (sections 26-28, 71-73).

Service approval transfer: the approved provider must notify the Regulatory Authority of an intended transfer. The Regulatory Authority can intervene within 30 days of receiving notice (section 62). If no intervention, consent is taken to have been given (section 61). Transfer without consent is void (section 67).

Prohibition notices: a show-cause notice must be given before a prohibition notice is issued, except for temporary prohibition notices in urgent circumstances (sections 123-124).

Emergency action: the Regulatory Authority can act without notice where there is immediate risk to the health or safety of children (sections 73, 118, 131).

Compliance direction: must allow at least 14 days for compliance (section 116(3)).

Enforceable undertakings: if accepted, prohibit the Regulatory Authority from cancelling the service or provider approval, amending the approval, giving a compliance notice, or issuing a prohibition notice while the undertaking is in force (section 120). If the undertaking is complied with, those actions are barred permanently for that matter (section 121).

Education and Care Services National Law (Victoria): the Act expressly carves itself out of the National Law definition of "education and care service." The boundary determines which regulatory framework applies. Services that cross the threshold into the national scheme (for example, by changing their structure or the number of children enrolled) leave this Act's jurisdiction and enter the National Law's. Section 190 ensures that the National Law's provisions about approved associated children's services do not apply to services under this Act.

Worker Screening Act 2020: the definition of "authorised person" who may be present on premises (section 110) is tied to the WWC clearance system under that Act. Revocation of a WWC clearance triggers a notification obligation (section 113(2)(a)).

Child Wellbeing and Safety Act 2005: the Act incorporates the Child Safe Standards by requiring the service approval to be subject to compliance with those Standards (section 210 transitional). Definitions of "integrated sector regulator" and "sector regulator" also refer to that Act.

Victorian Early Childhood Regulatory Authority Act 2025: the Victorian Early Childhood Regulatory Authority is established under this Act and is the Regulatory Authority for purposes of this Act (section 3(1)).

Education and Training Reform Act 2006: the "education law" definition refers to this Act, which governs teacher registration and related disciplinary proceedings relevant to nominated supervisors (section 113(2)(b)).

Building Act 1993: the approval in principle process in Part 3A is triggered by the requirement for a building permit under this Act (sections 100A(2)(c), 100B(2)).

Local Government Act 1989: the definition of "municipal council" references this Act.

Corporations Act 2001: the definition of "officer" of a body corporate for purposes of "person with management or control" references the Corporations Act 2001 definition (section 3A(a)(i)).

Social Services Regulation Act 2021: the Social Services Regulator defined in section 3(1) is established under this Act. Some information-sharing functions reference that regulator.

The National Law boundary can shift: whether a service falls under this Act or the National Law depends on the definition of "education and care service" in the National Law. If the service changes its character (for example, by becoming approved under the National Law), the regulatory framework switches. This is not automatic and requires active monitoring.

Approval in principle must precede the building permit: section 100B(2) requires the approval in principle application to be made before the building permit is issued for any Part 3A building. There is no ability to retrospectively obtain an approval in principle after the building permit has been issued. Operators who build or renovate first and ask later will find this pathway closed.

Service approval is per-premises: section 3(1) defines "children's service premises" as each place at which the service operates. A single approved provider operating at multiple locations needs a separate service approval for each premises.

Immediate suspension without show-cause: sections 28 and 73 allow the Regulatory Authority to suspend a provider or service approval immediately, without the normal show-cause process, where it is satisfied there is a risk to the safety, health, or wellbeing of children. This can be done on an ex parte basis.

Nominated supervisor suspension/revocation triggers notification: under section 113(2)(a), if the approved provider is notified of a suspension or revocation of a WWC clearance or suspension or cancellation of teacher registration of a nominated supervisor, the provider must notify the Regulatory Authority. Delay or non-notification is an offence.

Responsible person must be physically present at all times: section 103 requires a responsible person to be present whenever children are being educated and cared for, without exception. There is no "reasonably practicable" qualification. A five-minute absence by all responsible persons is a breach.

Staffing ratios cannot be waived ad hoc: sections 109(5) and the waiver provisions make clear that departing from prescribed ratios requires a formal service waiver or temporary waiver from the Regulatory Authority. Improvised departures due to staff illness are not authorised by necessity alone.

Enforceable undertakings bar some regulatory actions permanently: if an undertaking is given and complied with, section 121 permanently bars the Regulatory Authority from cancelling or amending the approval, giving a compliance notice, or issuing a prohibition notice for the matter covered by the undertaking. This creates a strong incentive for providers to seek and comply with undertakings, but also means the Regulatory Authority must carefully assess whether to accept them.

Corporate officer liability: section 175 extends liability to officers who engaged in, authorised, or permitted the offence, or whose negligence contributed to it. This is personal liability, not just corporate liability.

New children's service in a multi-storey building: an operator proposes to open a before-and-after school care service in a new four-storey commercial building. Before the building permit is issued for the fitout, the operator must apply to the Regulatory Authority for an approval in principle under Part 3A (section 100A). The Regulatory Authority must decide within 60 days (section 100E(2)). Only after the approval in principle is granted (and the building permit can proceed) may the operator later apply for a provider approval and a service approval in the normal way.

Provider approval for a corporate operator: a company wishes to set up a drop-in childminding service at a shopping centre. The company applies for a provider approval. The Regulatory Authority assesses whether each person with management or control (officers and persons with significant influence over the service) is a fit and proper person under section 13. If any person with management or control has relevant adverse history, the approval may be refused. The company cannot operate the service -- let alone advertise it -- without both a provider approval and a service approval (sections 99, 100).

Staff ratio breach due to unexpected absence: a service is operating with exactly the minimum prescribed number of educators. One calls in sick, leaving the service under ratio. The nominated supervisor cannot lawfully allow the service to continue operating with children present unless a temporary waiver has been granted under Division 6 of Part 3. Continuing operation without a waiver is an offence under section 109 carrying 60 penalty units for individuals and 300 for the approved provider. The correct response is to contact the Regulatory Authority, close or reduce enrolment, or seek an emergency temporary waiver.

Serious incident notification: a child is injured at the service in circumstances that meet the definition of "serious incident" in the regulations. The approved provider must notify the Regulatory Authority in writing within the prescribed time under section 114(2)(a). Failure to notify is an offence (20 penalty units/100 penalty units). The Regulatory Authority may then exercise entry powers to investigate under section 139.

Prohibition notice for an employee: a staff member at a children's service is suspected of inappropriate conduct. The Regulatory Authority may issue a prohibition notice under section 123 banning that person from being present at service premises while children are being cared for. The provider who then allows the prohibited person to remain on premises commits an offence under section 129. If the Regulatory Authority concludes the person is an "inappropriate person" (defined by reference to unsafe conduct), it may also direct the provider to exclude the person under section 111.