Victorian Early Childhood Regulatory Authority Act 2025

This Act creates a stand‑alone statutory regulator for early childhood education and care in Victoria, the Victorian Early Childhood Regulatory Authority, and a central worker register for people working in early childhood services. Mechanically, the Act does three things.

First, it establishes the Authority as a body corporate constituted by a single officeholder, the Early Childhood Regulator (s 5(1)-(3); s 10(3)). The Authority is given corporate capacities (s 5(3)(a)-(e)), an official seal (s 6), the power to delegate to staff (s 17), and discretion to form advisory committees (s 18). The Authority represents the Crown (s 7) and, via consequential amendments, replaces the Department Head/Secretary as the Regulatory Authority under the Education and Care Services National Law (Victoria) and the Children's Services Act 1996 (see s 8 and Part 6 Divisions 1-2, notably ss 51-57).

Second, the Act requires the Authority to maintain the Victorian Early Childhood Worker Register (the Register) and prescribes the particulars to be held (ss 23-24). The Register must record specified personal details, role and employer history, WWC clearance identifying number and expiry, teacher registration number where applicable, and any other prescribed information (s 24). The Authority may serve written notices directing early childhood service providers to supply Register particulars for a specified reporting period; the notice must allow at least 45 days after the reporting period to supply the information (s 25(1)-(2)). Providers are under a statutory duty to comply with those notices and face monetary penalties for non‑compliance (s 26).

Third, the Act sets out access, permitted uses and authorised disclosures of Register information and creates criminal offences for unauthorised access, use and disclosure (ss 27-33). Access is limited to the Early Childhood Regulator and staff engaged under ss 15-16 who are authorised in writing (s 27). Authorised persons may use Register data for exercising the Authority’s functions under this Act or any other Act, and may disclose information to the Social Services Regulator or a list of specified public authorities for enumerated purposes including enabling the performance of functions under the National Law and the Children's Services Act, funding, or policy research (ss 28-30). Unauthorised access, use or disclosure attracts penalty units: 60 penalty units for natural persons and 300 penalty units for bodies corporate (ss 31-33).

Version No. 001

Victorian Early Childhood Regulatory Authority Act 2025

No. 49 of 2025

Version as at
1 January 2026

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 1

4 Act to bind the Crown 5

Part 2—Victorian Early Childhood Regulatory Authority 6

Division 1—Establishment, functions and powers 6

5 Establishment of Victorian Early Childhood Regulatory Authority 6

6 Official seal 6

7 Victorian Early Childhood Regulatory Authority represents the Crown 7

8 Functions of Victorian Early Childhood Regulatory Authority 7

9 Powers of Victorian Early Childhood Regulatory Authority 8

Division 2—Early Childhood Regulator 8

10 Early Childhood Regulator 8

11 Terms and conditions 9

12 Acting appointments 10

13 Vacancy and resignation 12

14 Validity of decisions 13

Division 3—Staff and delegations 13

15 Staff 13

16 Contractors 13

17 Delegations 13

Division 4—Committees 14

18 Committees 14

Division 5—Reports and information sharing 15

19 Minister may request report or information 15

Part 3—Victorian Early Childhood Worker Register 16

Division 1—Interpretation 16

20 Who is a children's service worker? 16

21 Who is an education and care service worker? 16

22 Who is a hospital early childhood education program worker? 17

Division 2—Victorian Early Childhood Worker Register 17

23 Victorian Early Childhood Worker Register 17

24 Particulars to be included in Victorian Early Childhood Worker Register 17

25 Victorian Early Childhood Regulatory Authority may direct an early childhood service provider to give information for the Register 18

26 Early childhood service provider must comply with Register submission notice 19

Division 3—Access to Victorian Early Childhood Worker Register and use and disclosure of information 20

27 Access to Victorian Early Childhood Worker Register 20

28 Permitted use of information on Victorian Early Childhood Worker Register 20

29 Disclosure of information on Victorian Early Childhood Worker Register to Social Services Regulator 20

30 Disclosure of information on Victorian Early Childhood Worker Register to other authorities 20

Division 4—Offences 22

31 Unauthorised access to Victorian Early Childhood Worker Register 22

32 Unauthorised use of information on Victorian Early Childhood Worker Register 23

33 Unauthorised disclosure of information on Victorian Early Childhood Worker Register 23

Part 4—General 24

34 Regulations 24

Part 5—Transitional provisions 26

35 Definitions 26

36 Application of Interpretation of Legislation Act 1984 27

37 Minister may fix relevant date 28

38 Department Head to prepare allocation statement or statements 28

39 Certificate of Department Head 29

40 Property, rights and liabilities allocated in accordance with statement 30

41 Allocation of property etc. subject to encumbrances 30

42 Substitution of party to agreement 30

43 Former Crown instruments 31

44 Proceeding relating to former Crown property 31

45 Proceeding to which the Department Head was a party 31

46 Taxes 32

47 Evidence 33

48 Superseded references 33

49 Validity of things done under this Part 34

50 Regulations dealing with transitional matters 35

Part 6—Consequential amendments 37

Division 1—Amendment of Children's Services Act 1996 37

51 Definitions 37

52 Guidelines 37

53 Section 171 repealed 37

54 Immunity 38

Division 2—Amendment of Education and Care Services National Law Act 2010 38

55 Definitions 38

56 Regulatory Authority 38

57 Children's services law 39

58 Power to fund education and care services and associated children's services 39

Division 3—Amendment of Public Administration Act 2004 39

59 Persons with functions of public service body Head 39

Division 4—Amendment of Summary Offences Act 1966 40

60 Schedule 1—Scheduled public places 40

Division 5—Repeal of this Part 40

61 Repeal of this Part 40

═════════════

Endnotes 41

1 General information 41

2 Table of Amendments 43

3 Explanatory details 44

Version No. 001

Victorian Early Childhood Regulatory Authority Act 2025

No. 49 of 2025

Version as at
1 January 2026

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The main purposes of this Act are—

(a) to establish the Victorian Early Childhood Regulatory Authority; and

(b) to provide for the Victorian Early Childhood Worker Register; and

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 28 October 2026, it comes into operation on that day.

3 Definitions

In this Act—

acting Early Childhood Regulator means a person appointed to act in the office of the Early Childhood Regulator under section 12;

Australian Children's Education and Care Quality Authority means the Australian Children's Education and Care Quality Authority established by section 224(1) of the Education and Care Services National Law (Victoria);

authorised person means—

(a) the Early Childhood Regulator; or

(b) a person referred to in section 27(b);

children's service has the same meaning as it has in the Children's Services Act 1996;

children's service nominated supervisor means a nominated supervisor within the meaning of the Children's Services Act 1996;

children's service staff member means a staff member within the meaning of the Children's Services Act 1996;

children's service worker means a person referred to in section 20;

committee means a committee established under section 18;

corresponding Regulatory Authority means a Regulatory Authority within the meaning of the Education and Care Services National Law (Victoria) in a jurisdiction other than Victoria;

Early Childhood Regulator means the Early Childhood Regulator appointed under section 10;

early childhood service means—

(a) an education and care service; or

(b) a children's service; or

early childhood service provider means—

(a) in relation to a children's service, an approved provider within the meaning of the Children's Services Act 1996; and

(b) in relation to an education and care service, an approved provider within the meaning of section 5(1) of the Education and Care Services National Law (Victoria); and

early childhood worker means—

(a) an education and care service worker; or

(b) a children's service worker; or

education and care service means a service that is an education and care service within the meaning of section 5(1) of the Education and Care Services National Law (Victoria);

education and care service nominated supervisor means a nominated supervisor within the meaning of section 5(1) of the Education and Care Services National Law (Victoria);

education and care service staff member means a staff member within the meaning of section 5(1) of the Education and Care Services National Law (Victoria);

education and care service worker means a person referred to in section 21;

hospital early childhood education program means a program—

(a) provided to children of or over the age of 3 years but aged not more than 6 years who are patients in a hospital; and

(b) that is funded (wholly or partially) by the Secretary to the Department of Education;

hospital early childhood education program worker means a person referred to in section 22;

public authority means a body established for a public purpose by or under an Act;

Register particulars means information required to be included in the Register under section 24;

Register submission notice means a notice given under section 25;

Social Services Regulator means the Social Services Regulator established under section 4 of the Social Services Regulation Act 2021;

Victorian Early Childhood Regulatory Authority means the Victorian Early Childhood Regulatory Authority established by section 5;

Victorian Early Childhood Worker Register means the Victorian Early Childhood Worker Register maintained by the Victorian Early Childhood Regulatory Authority under section 23;

Victorian Institute of Teaching means the Victorian Institute of Teaching continued in operation under Part 2.6 of the Education and Training Reform Act 2006;

WWC clearance has the same meaning as it has in the Worker Screening Act 2020.

4 Act to bind the Crown

This Act binds the Crown, not only in right of Victoria but also, so far as the legislative capacity of the Parliament permits, the Crown in all its other capacities.

Part 2—Victorian Early Childhood Regulatory Authority

Division 1—Establishment, functions and powers

5 Establishment of Victorian Early Childhood Regulatory Authority

(1) The Victorian Early Childhood Regulatory Authority is established.

(2) The Victorian Early Childhood Regulatory Authority is constituted by the Early Childhood Regulator.

(3) The Victorian Early Childhood Regulatory Authority—

(a) is a body corporate with perpetual succession;

(b) has an official seal;

(d) may acquire, hold and dispose of real and personal property;

(e) may do and suffer all acts and things that a body corporate may by law do or suffer.

6 Official seal

(1) The official seal of the Victorian Early Childhood Regulatory Authority must—

(a) be kept in custody as directed by the Victorian Early Childhood Regulatory Authority; and

(b) not be used except as authorised by the Victorian Early Childhood Regulatory Authority.

(2) All courts must take judicial notice of the seal of the Victorian Early Childhood Regulatory Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

7 Victorian Early Childhood Regulatory Authority represents the Crown

The Victorian Early Childhood Regulatory Authority represents the Crown.

8 Functions of Victorian Early Childhood Regulatory Authority

The functions of the Victorian Early Childhood Regulatory Authority are—

(a) to maintain the Victorian Early Childhood Worker Register; and

(b) the functions conferred on the Victorian Early Childhood Regulatory Authority by or under this Act; and

(i) the Education and Care Services National Law (Victoria); and

(ii) the Education and Care Services National Law Act 2010; and

(iii) the Children's Services Act 1996; and

(iv) the Child Wellbeing and Safety Act 2005; and

(v) any other Act.

Note

The Victorian Early Childhood Regulatory Authority has the functions of the Regulatory Authority for the purposes of the Education and Care Services National Law (Victoria) and the Children's Services Act 1996 and the functions of the integrated sector regulator for early childhood education and care services for the purposes of Part 6 of the Child Wellbeing and Safety Act 2005.

9 Powers of Victorian Early Childhood Regulatory Authority

The Victorian Early Childhood Regulatory Authority has the power to do all things necessary for or in connection with the performance of its functions.

Division 2—Early Childhood Regulator

10 Early Childhood Regulator

(1) The Governor in Council, on the recommendation of the Minister, may appoint a person as the Early Childhood Regulator.

(2) The Minister must not recommend a person for appointment as the Early Childhood Regulator if that person—

(a) is an insolvent under administration; or

(b) has been convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(c) is a member of the Parliament of Victoria or a member of the Parliament of the Commonwealth or of another State or a Territory; or

(d) is a Councillor of a Council constituted under the Local Government Act 2020 or a member of a corresponding body under an Act of another State or a Territory.

(3) The Early Childhood Regulator—

(a) has all the functions and powers of the Victorian Early Childhood Regulatory Authority; and

(b) is responsible for undertaking the strategic leadership of the Victorian Early Childhood Regulatory Authority.

(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to the Early Childhood Regulator in respect of that office.

11 Terms and conditions

(1) The Early Childhood Regulator—

(a) holds office for a period not exceeding 5 years as specified in the instrument of appointment; and

(b) may be reappointed.

(2) Subject to this section, the Early Childhood Regulator—

(a) is appointed on the terms and conditions that are specified in the instrument of appointment; and

(b) is to be appointed on a full-time or part-time basis; and

(3) The instrument of appointment must specify whether the Early Childhood Regulator is appointed on a full-time or part-time basis.

(4) If a person appointed as the Early Childhood Regulator was immediately before that appointment an officer within the meaning of the State Superannuation Act 1988, that person continues to be such an officer during that person's term as the Early Childhood Regulator.

(5) The Early Childhood Regulator must not engage in paid employment outside the office of the Early Childhood Regulator without the consent of the Minister.

12 Acting appointments

(1) The Governor in Council, on the recommendation of the Minister, may appoint a person to act in the office of the Early Childhood Regulator for a period not exceeding 6 months—

(a) if the Early Childhood Regulator is absent or, for any other reason, is unable to perform the duties of office; or

(b) during a vacancy in the office of the Early Childhood Regulator.

(2) The Minister may appoint a person to act in the office of the Early Childhood Regulator for a period not exceeding 6 months if the Early Childhood Regulator is absent.

(3) The Minister must not appoint a person, or recommend a person for appointment, as acting Early Childhood Regulator if that person—

(a) is an insolvent under administration; or

(b) has been convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(c) is a member of the Parliament of Victoria or a member of the Parliament of the Commonwealth or of another State or a Territory; or

(d) is a Councillor of a Council constituted under the Local Government Act 2020 or a member of a corresponding body under an Act of another State or a Territory.

(4) An acting Early Childhood Regulator is eligible for reappointment for a further term or terms.

(5) The Governor in Council, on the recommendation of the Minister, may—

(a) determine the terms and conditions of an acting appointment made by the Governor in Council under subsection (1); and

(b) terminate that appointment at any time.

(6) The Minister may—

(a) determine the terms and conditions of an acting appointment made by the Minister under subsection (2); and

(b) terminate that appointment at any time.

(7) While acting in the Early Childhood Regulator's place, the acting Early Childhood Regulator—

(a) has and may perform all the functions and exercise all the powers of the Early Childhood Regulator; and

(b) is entitled to be paid the remuneration or allowances to which the Early Childhood Regulator would have been entitled.

13 Vacancy and resignation

(1) The Early Childhood Regulator ceases to hold office if the Early Childhood Regulator—

(a) resigns by notice in writing delivered to the Governor in Council; or

(b) becomes an insolvent under administration; or

(c) is convicted, or found guilty, of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(d) is removed in accordance with subsection (2); or

(e) nominates for election for the Parliament of Victoria or for the Parliament of the Commonwealth or of another State or a Territory; or

(f) nominates for election as a Councillor of a Council constituted under the Local Government Act 2020 or a member of a corresponding body under an Act of another State or a Territory.

(2) The Governor in Council, on the recommendation of the Minister, may remove the Early Childhood Regulator from office on the following grounds—

(a) misconduct;

(b) neglect of duty;

(d) failure to disclose a material conflict of interest;

(e) the Regulator has engaged in paid employment outside the functions of office without the consent of the Minister.

14 Validity of decisions

A decision of the Victorian Early Childhood Regulatory Authority is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of an Early Childhood Regulator or an acting Early Childhood Regulator.

Division 3—Staff and delegations

15 Staff

(1) Any employees that are necessary for the purposes of performing the functions of the Victorian Early Childhood Regulatory Authority may be employed under Part 3 of the Public Administration Act 2004.

(2) The Victorian Early Childhood Regulatory Authority may enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body.

16 Contractors

(1) The Victorian Early Childhood Regulatory Authority may engage persons with suitable qualifications or experience to assist the Authority in performing its functions or exercising its powers.

(2) An engagement under this section may be on any terms and conditions the Victorian Early Childhood Regulatory Authority considers appropriate.

17 Delegations

(1) The Early Childhood Regulator may, by instrument, delegate to a person employed or engaged under section 15 any power or function conferred on the Victorian Early Childhood Regulatory Authority under this Act, other than this power of delegation.

(2) The Early Childhood Regulator must not delegate any power or function conferred on the Victorian Early Childhood Regulatory Authority under this Act to—

(a) a committee; or

(b) a member of a committee.

Note

See sections 42 and 42A of the Interpretation of Legislation Act 1984.

Division 4—Committees

18 Committees

(1) The Victorian Early Childhood Regulatory Authority may, by instrument, establish a committee to provide advice to the Authority on matters related to the Authority's functions and powers.

(2) The Victorian Early Childhood Regulatory Authority may make any provision with respect to the procedure of a committee as the Authority thinks fit.

(3) The Victorian Early Childhood Regulatory Authority may appoint members to a committee on any terms and conditions the Authority considers appropriate.

(4) The Victorian Early Childhood Regulatory Authority must appoint a member as the Chairperson of a committee.

(5) The Victorian Early Childhood Regulatory Authority may appoint a member to be acting Chairperson of a committee if the Chairperson is absent or, for any other reason, is unable to perform the duties of the Chairperson.

Division 5—Reports and information sharing

19 Minister may request report or information

(1) The Minister, at any time, may request from the Victorian Early Childhood Regulatory Authority—

(a) a report on the operation of the Victorian Early Childhood Regulatory Authority's functions and powers; or

(b) subject to subsection (3), any information required by the Minister.

(2) Subject to subsection (3), the Victorian Early Childhood Regulatory Authority must give the Minister a report or the information requested under subsection (1) by the date—

(a) specified by the Minister; or

(b) otherwise agreed between the Minister and the Victorian Early Childhood Regulatory Authority.

(3) The Victorian Early Childhood Regulatory Authority is not required to include in a report, or give to the Minister, information under this section if doing so would compromise a prosecution under, or the investigation of a suspected offence against, any of the following—

(a) the Education and Care Services National Law (Victoria);

(b) the Education and Care Services National Law Act 2010;

Part 3—Victorian Early Childhood Worker Register

Division 1—Interpretation

20 Who is a *children's service worker*?

(1) Subject to subsection (2), each of the following is a children's service worker—

(a) a children's service nominated supervisor;

(b) a children's service staff member;

(d) a student on practicum placement at a children's service.

(2) A children's service worker does not include a person referred to in subsection (1) who is a prescribed person or a person in a prescribed class of persons.

21 Who is an *education and care service worker*?

(1) Subject to subsection (2), each of the following is an education and care service worker—

(a) an education and care service nominated supervisor;

(b) an education and care service staff member;

(d) a student on practicum placement at an education and care service.

(2) An education and care service worker does not include a person referred to in subsection (1) who is a prescribed person or a person in a prescribed class of persons.

22 Who is a *hospital early childhood education program worker*?

(1) Subject to subsection (2), a hospital early childhood education program worker is a person employed or engaged to deliver a hospital early childhood education program.

(2) A hospital early childhood education program worker does not include a person referred to in subsection (1) who is a prescribed person or a person in a prescribed class of persons.

Division 2—Victorian Early Childhood Worker Register

23 Victorian Early Childhood Worker Register

The Victorian Early Childhood Regulatory Authority must maintain a register of early childhood workers that contains—

(a) the Register particulars given to the Victorian Early Childhood Regulatory Authority in relation to an early childhood worker; and

(b) the date on which any Register particulars are entered in the Register in relation to an early childhood worker.

24 Particulars to be included in Victorian Early Childhood Worker Register

The particulars required in relation to an early childhood worker are—

(a) the person's full name; and

(b) the person's date of birth; and

(d) the person's address, telephone number and email address (if applicable); and

(e) the role in which the person is employed, engaged or appointed in or as part of the early childhood service; and

(f) the name of any early childhood service where the person is or has been employed, engaged or appointed; and

(g) in relation to each early childhood service at which the person is or has been employed, engaged or appointed—

(i) the date the person was employed, engaged or appointed in or as part of the service; and

(ii) the date the person ceased to be employed, engaged or appointed in or as part of the service (if applicable); and

(h) if the person holds a WWC clearance—

(i) the identifying number for the person's WWC clearance; and

(ii) the expiry date of the WWC clearance; and

(i) if the person is a registered teacher within the meaning of the Education and Training Reform Act 2006, the person's teacher registration number issued by the Victorian Institute of Teaching; and

(j) any other prescribed information.

25 Victorian Early Childhood Regulatory Authority may direct an early childhood service provider to give information for the Register

(1) For the purposes of maintaining the Victorian Early Childhood Worker Register, the Victorian Early Childhood Regulatory Authority may by written notice direct an early childhood service provider to give to the Authority, before a specified date, the Register particulars in relation to each early childhood worker employed, engaged or appointed in or as part of an early childhood service operated by the provider within the period specified in the notice (the reporting period).

(2) The date specified in the Register submission notice must be at least 45 days after the last day of the reporting period.

(3) Subsection (1) does not apply if—

(a) the early childhood service provider has given the Register particulars to the Victorian Early Childhood Regulatory Authority in relation to an early childhood worker in a previous Register submission notice; and

(b) since the end of the reporting period specified in the previous Register submission notice, the early childhood service provider has not become aware of any change to those Register particulars.

26 Early childhood service provider must comply with Register submission notice

An early childhood service provider must comply with a Register submission notice.

Penalty: In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

Division 3—Access to Victorian Early Childhood Worker Register and use and disclosure of information

27 Access to Victorian Early Childhood Worker Register

The following persons are authorised to access the Victorian Early Childhood Worker Register—

(a) the Early Childhood Regulator;

(b) a person employed or engaged under section 15 or 16 who is authorised in writing by the Early Childhood Regulator.

28 Permitted use of information on Victorian Early Childhood Worker Register

An authorised person may use information on the Victorian Early Childhood Worker Register for the purposes of performing the functions or exercising the powers of the Victorian Early Childhood Regulatory Authority under this Act or any other Act.

29 Disclosure of information on Victorian Early Childhood Worker Register to Social Services Regulator

An authorised person may disclose information on the Victorian Early Childhood Worker Register to the Social Services Regulator for the purposes of the Social Services Regulator performing its functions or exercising its powers under the Social Services Regulation Act 2021 or any other Act.

30 Disclosure of information on Victorian Early Childhood Worker Register to other authorities

(1) An authorised person may disclose information on the Victorian Early Childhood Worker Register, for a purpose specified in subsection (2), to any of the following—

(a) a Secretary to a Department;

(b) a Secretary to a Department of the Commonwealth or of another State or a Territory;

(d) a council within the meaning of the Local Government Act 1989 or a corresponding body under an Act of another State or a Territory;

(e) a corresponding Regulatory Authority;

(f) the Australian Children's Education and Care Quality Authority.

(2) The purposes for disclosure of information under this section are—

(a) the disclosure is reasonably necessary to promote the objectives of—

(i) the Education and Care Services National Law (Victoria) set out in section 3(1) of that Law; or

(ii) the Children's Services Act 1996 set out in section 8(1) of that Act; or

(b) the disclosure is for the purposes of enabling or assisting the other entity to perform or exercise any of its functions or powers under—

(i) the Education and Care Services National Law (Victoria); or

(ii) the Children's Services Act 1996; or

(c) the disclosure is for the purposes of research or development of National, State or Territory policy with respect to early childhood services; or

(d) the disclosure is for a purpose relating to the funding of early childhood services; or

(e) the disclosure is for a purpose relating to the payment of benefits or allowances to persons using early childhood services and the disclosure of the information is not otherwise prohibited by law.

(3) Information disclosed under this section for the purposes of research or development of National, State or Territory policy with respect to early childhood services must not include information that could identify or lead to the identification of an individual other than—

(a) an early childhood service provider; or

(b) an education and care service nominated supervisor; or

Division 4—Offences

31 Unauthorised access to Victorian Early Childhood Worker Register

A person must not access the Victorian Early Childhood Worker Register unless the person is an authorised person.

Penalty: In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

32 Unauthorised use of information on Victorian Early Childhood Worker Register

A person must not use information obtained by that person from the Victorian Early Childhood Worker Register other than as permitted by this Part.

Penalty: In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

33 Unauthorised disclosure of information on Victorian Early Childhood Worker Register

(1) A person must not disclose information obtained by that person from the Victorian Early Childhood Worker Register unless the disclosure is permitted by subsection (2).

Penalty: In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

(2) A disclosure is permitted if the disclosure is made—

(a) with the consent of the person to whom the information relates; or

(b) to a court or tribunal in the course of a legal proceeding or pursuant to an order of the court or tribunal; or

(3) Subsection (1) does not apply if the disclosure is of information that is in the public domain at the time that the disclosure is made.

Part 4—General

34 Regulations

(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations may—

(a) be of general or limited application; and

(b) differ according to differences in time, place or circumstance; and

(c) confer a discretionary authority or impose a duty on a specified person or body or a specified class of person or body; and

(d) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person; and

(e) provide, in a specified case or class of case, for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—

(i) whether unconditionally or on specified conditions; and

(ii) either wholly or to any extent that is specified; and

(f) apply, adopt or incorporate any matter contained in any document whether—

(i) wholly or partially or as amended by the regulations; or

(ii) as in force at a particular time; or

(iii) as in force from time to time; and

(g) impose penalties not exceeding 20 penalty units for a contravention of the regulations.

Part 5—Transitional provisions

35 Definitions

In this Part—

allocation statement means an allocation statement made under section 38;

commencement day means the day on which this Act receives the Royal Assent;

Crown instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—

(a) to which the Crown was a party; or

(b) that was given to or in favour of the Crown; or

(d) under which—

(i) money is, or may become, payable to or by the Crown; or

(ii) other property is to be, or may become liable to be, transferred to or by the Crown;

Department means the Department of Education;

Department Head means the public service body Head, within the meaning of the Public Administration Act 2004, of the Department;

early childhood services regulator function, of the Department Head, means a function conferred on the Department Head immediately before the commencement day—

(a) as the Regulatory Authority for the purposes of the Education and Care Services National Law (Victoria); or

(b) as the Regulatory Authority for the purposes of the Children's Services Act 1996; or

(c) as the integrated sector regulator for early childhood education and care services for the purposes of the Child Wellbeing and Safety Act 2005;

Note

See section 25F(1)(ab) of the Child Wellbeing and Safety Act 2005 which provides that, in that Act, the Regulatory Authority is the integrated sector regulator in relation to an entity referred to in item 9 or 10 of Schedule 1 to that Act. See also the definition of Regulatory Authority in section 3(1) of the Child Wellbeing and Safety Act 2005.

former Crown property means property, rights or liabilities of the Crown that, under this Part, have vested in or become liabilities of the Victorian Early Childhood Regulatory Authority;

relevant date means a date fixed by the Minister under section 37 as the relevant date for an allocation statement.

36 Application of Interpretation of Legislation Act 1984

Except where the contrary intention appears, this Part does not affect or take away from the Interpretation of Legislation Act 1984.

37 Minister may fix relevant date

The Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement under section 38.

38 Department Head to prepare allocation statement or statements

(1) The Department Head must give the Minister, within the period approved by the Minister, a statement or statements relating to the property, rights and liabilities of the Crown that relate to the Department Head's early childhood services regulator functions as at the relevant date.

(2) A statement under this section—

(a) must allocate to the Victorian Early Childhood Regulatory Authority the property, rights and liabilities of the Crown that relate to the Department Head's early childhood service regulator functions; and

(b) must be signed by the Department Head.

(3) If a statement under this section is approved by the Minister—

(a) the Minister must sign the statement; and

(b) the statement is an allocation statement for the purposes of this Part.

(4) The Minister may at any time direct the Department Head to amend a statement given to the Minister under this section as specified in the direction.

(5) An allocation statement under this section may be amended by writing signed by the Minister.

(6) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.

39 Certificate of Department Head

(1) A certificate signed by the Department Head certifying that the property, rights and liabilities of the Crown that relate to the Department Head's early childhood services regulator functions specified in the certificate have been allocated under an allocation statement to the Victorian Early Childhood Regulatory Authority is, unless revoked under subsection (2), conclusive evidence—

(a) that the property, rights or liabilities have been so allocated; and

(b) that the property, rights or liabilities have vested in, or have become, the property, rights or liabilities of, the Victorian Early Childhood Regulatory Authority on the relevant date.

(2) If the Minister so directs the Department Head in writing, the Department Head must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.

(3) The Department Head—

(a) must keep a register of certificates issued under this section; and

(b) must make the register reasonably available for inspection by interested persons.

40 Property, rights and liabilities allocated in accordance with statement

On the relevant date—

(a) all property and rights of the Crown, wherever located, that are allocated under an allocation statement, vest in the Victorian Early Childhood Regulatory Authority in accordance with the statement; and

(b) all liabilities of the Crown, wherever located, that are allocated under an allocation statement, become liabilities of the Victorian Early Childhood Regulatory Authority in accordance with the statement.

41 Allocation of property etc. subject to encumbrances

Unless an allocation statement otherwise provides, if, under this Part, property and rights vest in the Victorian Early Childhood Regulatory Authority or liabilities become liabilities of the Victorian Early Childhood Regulatory Authority—

(a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(b) the rights to which the Crown was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Crown vest in the Victorian Early Childhood Regulatory Authority.

42 Substitution of party to agreement

If, under an allocation statement, the rights and liabilities of the Crown under an agreement are allocated to the Victorian Early Childhood Regulatory Authority—

(a) the Victorian Early Childhood Regulatory Authority becomes, on the relevant date, a party to the agreement in place of the Crown; and

(b) on and after the relevant date, the agreement has effect as if the Victorian Early Childhood Regulatory Authority had always been a party to the agreement.

43 Former Crown instruments

Each Crown instrument relating to former Crown property allocated to the Victorian Early Childhood Regulatory Authority under an allocation statement continues to have effect according to its terms on and after the relevant date as if a reference in the instrument to the Crown were a reference to the Victorian Early Childhood Regulatory Authority.

44 Proceeding relating to former Crown property

If, immediately before the relevant date for an allocation statement, a proceeding relating to former Crown property (including any arbitration proceeding) allocated to the Victorian Early Childhood Regulatory Authority under the allocation statement, to which the Crown was a party was pending or existing in any court or tribunal, or being conducted by an arbitrator or arbitration panel, then, on and after that relevant date, the Victorian Early Childhood Regulatory Authority is substituted for the Crown as a party to the proceeding and has the same rights in the proceeding as the Crown had.

45 Proceeding to which the Department Head was a party

(1) If, immediately before the commencement day, a proceeding under the Education and Care Services National Law (Victoria) to which the Department Head as the Regulatory Authority under that Act was a party was pending or existing in any court or tribunal, then, on and after the commencement day, the Victorian Early Childhood Regulatory Authority is substituted for the Department Head as a party to the proceeding and has the same rights in the proceeding as the Department Head had.

(2) If, immediately before the commencement day, a proceeding under the Children's Services Act 1996 to which the Department Head as the Regulatory Authority under that Act was a party was pending or existing in any court or tribunal, then, on and after the commencement day, the Victorian Early Childhood Regulatory Authority is substituted for the Department Head as a party to the proceeding and has the same rights in the proceeding as the Department Head had.

(3) If, immediately before the commencement day, a proceeding under the Child Wellbeing and Safety Act 2005 to which the Department Head as the integrated sector regulator in relation to an entity referred to in item 9 or 10 of Schedule 1 to that Act was a party was pending or existing in any court or tribunal, then, on and after the commencement day, the Victorian Early Childhood Regulatory Authority is substituted for the Department Head as a party to the proceeding and has the same rights in the proceeding as the Department Head had.

46 Taxes

No duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purposes of, or connected with the transfer of, property, rights or liabilities of the Crown.

47 Evidence

Documentary or other evidence that would have been admissible for or against the interests of the Crown in relation to former Crown property if this Part had not been enacted, is admissible for or against the interests of the Victorian Early Childhood Regulatory Authority, if the former Crown property is allocated to the Victorian Early Childhood Regulatory Authority under an allocation statement.

48 Superseded references

(1) A reference to the Department Head as the Regulatory Authority for the purposes of the Education and Care Services National Law (Victoria) in any Act or in any instrument (including a subordinate instrument) made under or for the purposes of any Act, or in any other document (by whatever name) prepared or made under or for the purposes of any Act, must be construed as a reference to the Victorian Early Childhood Regulatory Authority—

(a) so far as the reference relates to any period on or after the commencement day; and

(b) if not inconsistent with the subject matter.

(2) A reference to the Department Head as the Regulatory Authority for the purposes of the Children's Services Act 1996 in any Act or in any instrument (including a subordinate instrument) made under or for the purposes of any Act, or in any other document (by whatever name) prepared or made under or for the purposes of any Act, must be construed as a reference to the Victorian Early Childhood Regulatory Authority—

(a) so far as the reference relates to any period on or after the commencement day; and

(b) if not inconsistent with the subject matter.

(3) A reference to the Department Head as the integrated sector regulator for early childhood education and care services for the purposes of the Child Wellbeing and Safety Act 2005 in any Act or in any instrument (including a subordinate instrument) made under or for the purposes of any Act, or in any other document (by whatever name) prepared or made under or for the purposes of any Act, must be construed as a reference to the Victorian Early Childhood Regulatory Authority—

(a) so far as the reference relates to any period on or after the commencement day; and

(b) if not inconsistent with the subject matter.

49 Validity of things done under this Part

Nothing effected by, or done or suffered under, this Part—

(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or

(b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or

(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any property, right or liability; or

(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or

(f) is to be regarded as frustrating any contract; or

(g) releases any surety or other obligor wholly or in part from any obligation.

50 Regulations dealing with transitional matters

(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act (including the repeals and amendments made by this Act).

(2) Regulations made under this section may—

(a) have a retrospective effect to the day on which this Act receives the Royal Assent; and

(b) be of limited or general application; and

(d) leave any matter or thing to be decided by a specified person or class of person; and

(e) confer any power on the Minister or any other person; and

(f) provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section.

(3) Regulations under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4) This section is repealed on the second anniversary of its commencement.

Part 6—Consequential amendments

Division 1—Amendment of Children's Services Act 1996

51 Definitions

In section 3(1) of the Children's Services Act 1996—

(a) insert the following definitions—

"Early Childhood Regulator means the Early Childhood Regulator appointed under section 10 of the Victorian Early Childhood Regulatory Authority Act 2025;

Victorian Early Childhood Regulatory Authority means the Victorian Early Childhood Regulatory Authority established by section 5 of the Victorian Early Childhood Regulatory Authority Act 2025;";

(b) in the definition of Regulatory Authority, for "Secretary" substitute "Victorian Early Childhood Regulatory Authority";

52 Guidelines

In section 170(1) and (2) of the Children's Services Act 1996, for "Secretary," substitute "Victorian Early Childhood Regulatory Authority,".

53 Section 171 repealed

Section 171 of the Children's Services Act 1996 is repealed.

54 Immunity

(1) In section 172(1) of the Children's Services Act 1996, for "Secretary" substitute "Early Childhood Regulator".

(2) In section 172(5) of the Children's Services Act 1996, for "Secretary, a police officer or an officer of the Department or any other person or class of persons authorised by the Secretary—" substitute "Early Childhood Regulator, a police officer or any other person or class of person authorised by the Early Childhood Regulator—".

Division 2—Amendment of Education and Care Services National Law Act 2010

55 Definitions

In section 3(2) of the Education and Care Services National Law Act 2010—

(a) insert the following definition—

"Victorian Early Childhood Regulatory Authority means the Victorian Early Childhood Regulatory Authority established by section 5 of the Victorian Early Childhood Regulatory Authority Act 2025.";

(b) in the definition of Education and Care Services National Law (Victoria), for "section 4." substitute "section 4;".

56 Regulatory Authority

In section 8 of the Education and Care Services National Law Act 2010, for "Secretary of the Department of Education and Training" substitute "Victorian Early Childhood Regulatory Authority".

57 Children's services law

In section 9(2) of the Education and Care Services National Law Act 2010, for "Secretary of the Department of Education and Training" substitute "Victorian Early Childhood Regulatory Authority".

58 Power to fund education and care services and associated children's services

In section 17 of the Education and Care Services National Law Act 2010—

(a) for "Regulatory Authority" (where first occurring) substitute "Secretary to the Department of Education";

(b) for "Regulatory Authority" (where secondly and thirdly occurring) substitute "Secretary".

Division 3—Amendment of Public Administration Act 2004

59 Persons with functions of public service body Head

After section 16(1)(kg) of the Public Administration Act 2004 insert—

"(kh) the Early Childhood Regulator appointed under section 10 of the Victorian Early Childhood Regulatory Authority Act 2025 in relation to the Victorian Early Childhood Regulatory Authority;".

Division 4—Amendment of Summary Offences Act 1966

60 Schedule 1—Scheduled public places

In item 6 of Schedule 1 to the Summary Offences Act 1966, for "Regulatory Authority within the meaning of that Law" substitute "Secretary to the Department of Education".

Division 5—Repeal of this Part

61 Repeal of this Part

This Part is repealed on 28 October 2027.

Note

The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 29 October 2025

Legislative Council: 14 November 2025

The long title for the Bill for this Act was "A Bill for an Act to establish the Victorian Early Childhood Regulatory Authority, to provide for the Victorian Early Childhood Worker Register, to make related consequential amendments to other Acts and for other purposes."

The Victorian Early Childhood Regulatory Authority Act 2025 was assented to on 25 November 2025 and came into operation on 1 January 2026: Special Gazette (No. 672) 2 December 2025 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the Victorian Early Childhood Regulatory Authority Act 2025 by Acts and subordinate instruments.

3 Explanatory details

No entries at date of publication.

1 Victorian Early Childhood Regulatory Authority Act 2025

Version No. 001

Victorian Early Childhood Regulatory Authority Act 2025

No. 49 of 2025

Version as at
1 January 2026

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 1

4 Act to bind the Crown 5

Part 2—Victorian Early Childhood Regulatory Authority 6

Division 1—Establishment, functions and powers 6

5 Establishment of Victorian Early Childhood Regulatory Authority 6

6 Official seal 6

7 Victorian Early Childhood Regulatory Authority represents the Crown 7

8 Functions of Victorian Early Childhood Regulatory Authority 7

9 Powers of Victorian Early Childhood Regulatory Authority 8

Division 2—Early Childhood Regulator 8

10 Early Childhood Regulator 8

11 Terms and conditions 9

12 Acting appointments 10

13 Vacancy and resignation 12

14 Validity of decisions 13

Division 3—Staff and delegations 13

15 Staff 13

16 Contractors 13

17 Delegations 13

Division 4—Committees 14

18 Committees 14

Division 5—Reports and information sharing 15

19 Minister may request report or information 15

Part 3—Victorian Early Childhood Worker Register 16

Division 1—Interpretation 16

20 Who is a children's service worker? 16

21 Who is an education and care service worker? 16

22 Who is a hospital early childhood education program worker? 17

Division 2—Victorian Early Childhood Worker Register 17

23 Victorian Early Childhood Worker Register 17

24 Particulars to be included in Victorian Early Childhood Worker Register 17

25 Victorian Early Childhood Regulatory Authority may direct an early childhood service provider to give information for the Register 18

26 Early childhood service provider must comply with Register submission notice 19

Division 3—Access to Victorian Early Childhood Worker Register and use and disclosure of information 20

The Act pivots on several key legal concepts: a single‑person corporate regulator, a statutory worker register, authorised access and specified disclosure channels, delegated staff power, and transitional transfer of regulatory functions and assets from the Department to the new Authority.

Victorian Early Childhood Regulatory Authority and Early Childhood Regulator. The Authority is a corporate entity constituted by the Early Childhood Regulator (s 5(1)-(3)). The Regulator is appointed by Governor in Council on the Minister’s recommendation (s 10(1)), holds the Authority’s powers and functions (s 10(3)(a)) and leads its strategic direction (s 10(3)(b)). Terms, reappointment, conditions and grounds for removal or cessation are specified (ss 11-13). Decisions of the Authority are validated despite appointment defects (s 14).

Victorian Early Childhood Worker Register. The Register is a mandatory record maintained by the Authority (s 23). Its mandatory data fields are defined (s 24) and include identifying personal data, role and employment dates, WWC clearance identifying number and expiry date, and teacher registration number where applicable. The Act contemplates additional prescribed particulars (s 24(j)). The Authority may compel early childhood service providers to supply Register particulars by notice specifying a reporting period (s 25). Providers must comply (s 26), with prescribed penalties.

Authorised persons and permitted use. Access is constrained to the Regulator and staff engaged under ss 15 or 16 who are authorised in writing by the Regulator (s 27). Use of Register information is limited to performing the Authority’s statutory functions or powers under this Act or any other Act (s 28). The Act allows specified disclosures: to the Social Services Regulator (s 29) and to named public authorities and bodies for enumerated purposes such as promoting the objectives of the National Law or Children’s Services Act, assisting other entities’ functions, research for policy, funding, and payment of benefits (s 30(1)-(2)). Research disclosures must be de‑identified except for particular categories (s 30(3)).

Offences and penalties. The Act criminalises unauthorised access, use and disclosure of Register information (ss 31-33). The penalty scale is expressed in penalty units: 60 units for natural persons and 300 units for bodies corporate (ss 31-33). Regulations may impose lesser penalties of up to 20 penalty units for contraventions of regulations (s 34(2)(g)).

Delegation, staff, contractors and committees. The Regulator may delegate to staff employed under the Public Administration Act 2004 (s 15) or to contractors engaged under s 16 (s 17(1)). Delegation cannot be made to committees or committee members (s 17(2)). The Authority may create advisory committees and set their procedures and terms (s 18).

Transitional transfer. Part 5 instructs the Department Head to prepare allocation statements to transfer property, rights and liabilities related to the Department Head’s regulator functions to the Authority; certificates from the Department Head are conclusive evidence of allocation (ss 38-40). The Authority is substituted into pending legal proceedings in place of the Department Head (s 45). Regulations dealing with transition may be retrospective (s 50(2)(a)).

Relationship with existing laws. The Authority inherits the Regulatory Authority role under the Education and Care Services National Law (s 8; consequential amendments ss 55-57). The Act leaves funding powers with the Secretary in certain respects (see amendment in s 58). The Act also amends other statutes to refer to the new Authority as the regulator (Part 6).

These concepts define who collects what data, who may see it, the scope of disclosure and the governance structure that will administer, protect and use the Register and broader regulatory functions.

The Act affects four principal groups: early childhood service providers and their workforce, the new Authority and its staff/contractors, other public authorities that may receive Register information, and the Department/Secretary during and after the transitional phase.

Early childhood workers. The Register’s scope includes education and care service workers, children's service workers and hospital early childhood education program workers (ss 20-22). Each worker category is defined by reference to existing statutory definitions and roles from the Children’s Services Act 1996 and the Education and Care Services National Law (ss 20-22 and definitions in s 3). Included subcategories are nominated supervisors, staff members, volunteers and students on practicum placement (ss 20(1), 21(1)). The Act permits regulation to exclude prescribed persons or classes from those definitions (ss 20(2), 21(2), 22(2)), so the ultimate universe of persons captured may be narrowed by regulation.

Early childhood service providers. Providers must respond to Register submission notices issued by the Authority and supply the Register particulars for workers employed, engaged or appointed during the notice’s reporting period (s 25(1)). The provider duty to comply is compulsory (s 26) and carries monetary penalties for natural persons (60 penalty units) and corporations (300 units). Providers who have already supplied particulars in a previous Register submission notice are exempt from re‑reporting unless changes have occurred (s 25(3)). Providers will incur administrative costs to compile, verify and transmit the required data, and to maintain records linking employment dates and WWC or teacher registration numbers (s 24).

The Victorian Early Childhood Regulatory Authority, the Early Childhood Regulator and staff. The Act establishes the Authority as an independent corporate regulator led by the Regulator (s 5). The Regulator is an appointee of the Governor in Council on Ministerial recommendation (s 10(1)). Staff can be employed under the Public Administration Act 2004 (s 15) and external contractors engaged (s 16). The Regulator may authorise staff in writing to access the Register (s 27(b)). The Regulator has broad powers to require reports and information (s 19) and to make delegations (s 17).

Other public authorities. The Act explicitly permits disclosure to the Social Services Regulator (s 29), Secretaries to Departments and other Commonwealth, State and Territory public authorities, local councils, corresponding regulatory authorities, and the Australian Children’s Education and Care Quality Authority, for specified purposes (s 30(1)-(2)). These recipients will be affected as recipients of data for functions including regulatory enforcement, funding, policy development and benefit payments. Research disclosures must be de‑identified unless limited to providers and nominated supervisors (s 30(3)).

The Department and Department Head. Transitional provisions (Part 5) require the Department Head to prepare allocation statements allocating property, rights and liabilities relating to the Department Head’s early childhood regulator functions to the Authority (s 38). Certificates by the Department Head are conclusive evidence of allocation (s 39). The Department Head is required to keep and make available a register of certificates (s 39(3)). Pending the relevant date, the Department Head remains involved in preparing the administrative handover, and existing proceedings involving the Department Head as the Regulatory Authority are to be transferred to the Authority (s 45).

Service users and third parties. Indirectly affected parties include parents and families because the regulator will exercise functions affecting service quality and provider compliance (s 8). The Act allows disclosures for funding and benefit payment purposes (s 30(2)(d)-(e)), so recipients of benefits connected to early childhood services may be affected by data flows between agencies.

Other stakeholders. The Act amends multiple statutes to substitute the new Authority into the regulatory architecture (Part 6). Bodies required to respond to the Authority or to share data under other Acts will need to update processes and references in agreements and instruments that previously referred to the Department Head or Secretary (see ss 48 and 42 for substitution and continuity mechanics).

In short, the Act imposes new reporting duties and data disclosures on providers and centralises regulatory control and workforce data in a new corporate authority with staff authorised to access sensitive personal information.

This section lists the statutory obligations imposed and the rights or powers granted that will determine day‑to‑day compliance.

Obligations on early childhood service providers. The principal statutory duty is to comply with a Register submission notice issued by the Authority to provide Register particulars for workers for a specified reporting period (s 25(1); s 26). The notice must provide at least 45 days after the end of the reporting period for compliance (s 25(2)). A provider who has already provided particulars in a prior Register submission notice and for whom no change has occurred since that prior period is excluded from re‑reporting (s 25(3)). Non‑compliance attracts penalties measured in penalty units (s 26).

Obligations on persons with register access. A person must not access the Register unless they are an authorised person, being either the Early Childhood Regulator or staff authorised in writing by the Regulator (s 27). Likewise, persons must not use Register information other than in accordance with s 28, and must not disclose Register information except where permitted by s 30 or by consent or court order (ss 31-33). These are framed as criminal offences with specified penalties (ss 31-33).

Duties of the Authority and Regulator. The Authority must maintain the Register and enter particulars and the dates of entry (s 23). The Authority has functions to perform all related functions and the functions conferred by or under the listed Acts (s 8). The Regulator has responsibility for strategic leadership and holds the Authority’s functions and powers (s 10(3)). The Regulator may authorise staff in writing to access the Register (s 27(b)), delegate powers to staff (s 17(1)), appoint committees (s 18), and request reports or information from the Authority where the Minister asks (s 19).

Rights to disclose and receive information. Authorised persons may disclose Register information to the Social Services Regulator for statutory purposes (s 29). The Authority may disclose information to a defined set of public authorities and bodies for enumerated purposes: promoting the objectives of the Education and Care Services National Law (Victoria) or Children’s Services Act, assisting other entities’ functions under those Acts, research and policy development, funding, and payment of benefits (s 30(2)). Research disclosure must be non‑identifying except in limited cases (s 30(3)). These provisions grant inter‑agency data sharing rights subject to purpose limits.

Ministerial oversight and limits. The Minister may request reports and information from the Authority at any time (s 19(1)). The Authority is required to supply such material unless providing it would compromise any prosecution or investigation under the National Law, the Education and Care Services National Law Act 2010, or the Children’s Services Act 1996 (s 19(3)). The Regulator must not engage in paid employment outside the office without ministerial consent (s 11(5)), and there are statutory grounds for removal (s 13(2)).

Delegation and administrative arrangements. The Regulator may delegate powers and functions to employed or engaged persons (s 17(1)), with the single restriction that delegations cannot be made to committees or committee members (s 17(2)). Staff may be employed under the Public Administration Act 2004 (s 15); contractors with suitable qualifications can be engaged on any terms the Authority sets (s 16).

Transition duties on Department Head. The Department Head must prepare allocation statements allocating property, rights and liabilities relating to its early childhood services regulator functions to the Authority (s 38). Certificates given by the Department Head are conclusive evidence of allocation unless revoked at the Minister’s direction (s 39). The Department Head must keep and make available a register of certificates (s 39(3)).

Regulatory powers. Regulations may be made broadly (s 34), including to exempt classes, confer or impose duties, apply external documents and to provide for penalties up to 20 penalty units for contraventions of regulations (s 34(2)(a)-(g)). The Authority’s power to do all things necessary for performance of its functions is expressed in s 9.

Taken together, these duties and rights centralise workforce data in the Authority, create a statutory duty to supply such data, impose criminal penalties for misuse, and authorise inter‑agency sharing for specified purposes. The Act vests operational control with the Regulator while providing the Minister with oversight channels.

The Act sets out criminal offences for unauthorised access, use and disclosure of Register information, monetary penalties for providers who fail to comply with Register notices, and regulatory penalty‑making power for delegated regulations.

Primary criminal offences and penalties. The Act criminalises three categories of conduct with identical penalty levels. A person must not access the Register unless the person is an authorised person (s 31). A person must not use information obtained from the Register other than as permitted by the legislation (s 32). A person must not disclose Register information unless the disclosure is permitted (s 33(1)). Each of these offences carries a penalty of 60 penalty units for a natural person and 300 penalty units for a body corporate (ss 31-33). The Act specifies permitted disclosures including with the data subject’s consent, to a court, or where required by law (s 33(2)-(3)).

Provider compliance penalty. An early childhood service provider that fails to comply with a Register submission notice is guilty of an offence with a civil monetary penalty: 60 penalty units for a natural person and 300 penalty units for a body corporate (s 26). The Act frames this as an immediate statutory obligation rather than an administrative sanction.

Regulations. The Governor in Council may make regulations and may impose penalties for contraventions of regulations not exceeding 20 penalty units (s 34(2)(g)). The Act grants wide regulatory scope (s 34(1)-(2)), including the capacity to create exemptions, confer discretionary authorities, differ application by time or place, and adopt external documents (ss 34(2)(a)-(f)). Those delegated penalties are materially lower than the statutory offences for unauthorised Register misuse, indicating a tiered enforcement architecture.

Enforcement mechanisms and investigatory interface. The Act gives authorised persons the right to access and use data for statutory functions (ss 27-28), and allows the Authority to disclose to other regulators and public authorities for enumerated purposes (s 30). It preserves investigatory integrity by allowing the Authority to refuse to provide information to the Minister where doing so would compromise a prosecution or investigation under specified laws (s 19(3)). The Act does not itself create an administrative infringement notice regime or a civil penalty scheme separate from the expressly stated penalty units; enforcement therefore will likely rely on criminal/civil prosecutions, regulatory action under other Acts, or regulation‑level penalties if introduced.

Substitution and litigation continuity. Transition provisions automatically substitute the Authority for the Department Head in existing proceedings under the National Law, the Children’s Services Act, and the Child Wellbeing and Safety Act where the Department Head was a party immediately before commencement (s 45). This ensures continuity of enforcement actions previously initiated by the Department Head.

Scale and predictability of penalties. The Act uses the language of penalty units but does not state the monetary value of a penalty unit. The gap between the 60/300 unit offences for unauthorised Register misuse and the up to 20 unit regulatory fines creates multiple enforcement levers with differing consequences. Entities engaged in serious unauthorised disclosure or misuse face substantially larger penalties, especially corporations (300 units).

Procedural safeguards. The Act prescribes limited procedural safeguards: permitted disclosures are enumerated (s 30), authorised persons are defined (s 27), and the Regulator must authorise staff in writing (s 27(b)). However, the Act does not set out detailed administrative processes for audit trails, access logging, data subject notification, or mandatory data breach reporting for the Register; those mechanisms may be left to regulations or general privacy and public sector obligations.

In short, the enforcement regime combines criminal offences focused on protection of Register data, mandatory compliance obligations for providers with pecuniary penalties, and regulatory discretion to shape lesser penalties via regulation. The Authority inherits existing enforcement powers under the National Law and Children's Services Act through the consequential amendments.

The Act is expressly designed to integrate into the existing early childhood and public administration legal framework. It both imports functions from, and amends references in, several statutes; it also establishes inter‑agency disclosure channels.

Integration with the Education and Care Services National Law and Act. The Authority is given the functions of the Regulatory Authority for the purposes of the Education and Care Services National Law (Victoria) and the Education and Care Services National Law Act 2010 (s 8 and note). Consequential amendments modify definitions and replace the Secretary/Department Head with the Victorian Early Childhood Regulatory Authority in a number of places (Part 6 Div 2, notably ss 55-57). This means the Authority will exercise responsibilities that were within the National Law regulator’s remit. The Act preserves continuity in practice by ensuring the Authority is substituted into proceedings where the Department Head was previously a party (s 45(1)).

Funding and separation of functions. Notably, the Act’s consequential amendment to s 17 of the Education and Care Services National Law Act 2010 substitutes the first occurrence of “Regulatory Authority” with “Secretary to the Department of Education” and the later occurrences with “Secretary” (s 58). In effect, the power to fund education and care services and associated children’s services is retained or reassigned to the Secretary/Department rather than wholly to the new Authority. That creates a structural separation: regulatory functions transfer to the Authority while certain funding powers remain with the Department/Secretary. The text is explicit in s 58 and should be read as maintaining ministerial/departmental control over funding functions.

Children’s Services Act 1996. The Act amends definitions in the Children's Services Act 1996 to insert the Early Childhood Regulator and the Authority, substitute "Victorian Early Childhood Regulatory Authority" for "Secretary" in the definition of Regulatory Authority, and repeal the definition of Department (s 51). It replaces references to the Secretary with the Authority in guidelines (s 52), repeals s 171 (s 53), and substitutes the Early Childhood Regulator for the Secretary in immunity provisions (s 54). These amendments move operational regulatory responsibilities under that Act to the new Authority while preserving statutory continuity.

Public Administration Act 2004. The Act includes the Early Childhood Regulator as a person holding functions of a public service body Head under the Public Administration Act (s 59). Staff are to be employed under Part 3 of that Act (s 15(1)), which imports existing public sector employment frameworks and obligations.

Worker Screening and Teacher Registration laws. The Register requires recording of WWC clearance identifiers and expiry dates, and teacher registration numbers where applicable (s 24(h)-(i)). These are cross‑references to the Worker Screening Act 2020 (definition of WWC clearance) and the Education and Training Reform Act 2006 (teacher registration). The Act thereby engages separate statutory regimes governing background checks and teacher registration, which will remain relevant for compliance and verification.

Social Services Regulation Act 2021 and other disclosure frameworks. The Act permits disclosure of Register information to the Social Services Regulator for its statutory functions (s 29). It also allows disclosure to Secretaries, Commonwealth/State/Territory public authorities, councils, corresponding regulatory authorities and the Australian Children’s Education and Care Quality Authority for specified purposes (s 30). Those recipient statutes will govern how shared information is used on receipt; the Act constrains disclosure to defined lawful purposes.

Privacy, human rights and other obligations. The Act does not create an independent privacy framework for the Register; it contemplates disclosures permitted under the Act and criminalises unauthorised handling (ss 31-33). Broader privacy obligations will continue to be governed by existing laws and public sector information security requirements. The transitional provisions state that actions under Part 5 are not to be regarded as placing persons in breach of contract or other civil wrongs, and do not affect operation of the Charter except where stated (s 49). The Act permits regulations with retrospective effect for transitional matters (s 50(2)(a)), but provides that such regulations cannot contravene the Charter of Human Rights and Responsibilities Act 2006.

Continuity and substitution. Section 48 requires that references to the Department Head as the Regulatory Authority in other Acts or instruments be construed as references to the Authority for periods on or after commencement day, subject to consistency with the subject matter. Section 42 provides for substitution of the Authority as a party to agreements, and s 43 preserves the effect of Crown instruments by treating references to the Crown as references to the Authority. Section 45 substitutes the Authority for the Department Head in pending proceedings under specified Acts. These provisions are designed to minimise legal discontinuities and to transfer procedural capacity to the new regulator.

Regulatory hierarchy and interaction. The Act gives broad regulatory power to the Governor in Council to make regulations with flexible forms and penalties up to 20 penalty units (s 34). The Authority’s functions are framed to be exercised in the context of multiple Acts and with the capacity to share information with a wide set of actors. Practitioners must therefore map compliance not only to this Act but to National Law obligations, the Worker Screening Act, teacher registration rules, privacy laws and any regulations made under this Act.

In summary, the Act reassigns regulatory functions to a new corporate regulator while preserving funding powers with the Department and enabling data sharing with a network of existing regulators and agencies. Its interaction with other laws is effected by specific textual amendments (Part 6), substitution mechanics (ss 42-45, 48) and purpose‑limited disclosure authorisations (ss 29-30).

The Act as provided is Version No. 001 and contains an endnote that records its assent and commencement. The endnotes state the Act was assented to on 25 November 2025 and came into operation on 1 January 2026 (Endnotes, "The Victorian Early Childhood Regulatory Authority Act 2025 was assented to on 25 November 2025 and came into operation on 1 January 2026: Special Gazette (No. 672) 2 December 2025 page 1.").

Part 6 of the Act contains consequential amendments to multiple Acts including the Children's Services Act 1996 (ss 51-54), the Education and Care Services National Law Act 2010 (ss 55-58), the Public Administration Act 2004 (s 59), and the Summary Offences Act 1966 (s 60). Part 6 is itself statutorily scheduled for repeal on 28 October 2027 (s 61), with an express note that this repeal does not affect the continuing operation of the amendments made by it (note to s 61, referencing Interpretation of Legislation Act 1984 s 15(1)). Thus, the structural amendments are intended to be permanent even though the Part that records them will be removed after the transitional period.

The Endnotes also include a Table of Amendments section which declares there are no amendments made to the Act by later Acts and subordinate instruments as at the printed version (Endnotes, 2 Table of Amendments: "There are no amendments made to the Victorian Early Childhood Regulatory Authority Act 2025 by Acts and subordinate instruments."). The Explanatory details section in the Endnotes is blank at the date of publication (Endnotes, 3 Explanatory details: "No entries at date of publication."), but the endnotes do record the date of the second reading speech in the Legislative Assembly and Council (Endnotes).

Transitional provisions in Part 5 allow the Minister to fix a relevant date by Gazette notice for allocation statements (s 37), require the Department Head to prepare allocation statements and to allow amendment or revocation at Ministerial direction (s 38-39), and provide that allocation statements vest property, rights and liabilities in the Authority on the relevant date (s 40). These transitional mechanisms put in place process steps for transfer rather than making immediate transfers by operation of the Act’s commencement.

There is no in‑Act amendment history beyond that. The published version is the initial enactment. Any future amendment would be recorded via standard statute revision processes and would appear in later versions and in the Table of Amendments; the printed endnotes show none exist for Version No. 001.

For practitioners, the temporal elements of the amendment history most relevant today are: the Act commenced on 1 January 2026; Part 6’s amendments are operative and will remain in effect despite the repeal of the Part in 2027; and transitional allocation statements and certificates under Part 5 govern the legal transfer of assets and proceedings from the Department Head to the Authority (ss 38-45). The Act binds the Crown (s 4) and provides specific statutory certainty on substitution into proceedings (s 45) and on the conclusive nature of certificates (s 39(1)).

As a recently enacted statute (assented 25 November 2025; in operation 1 January 2026 per Endnotes), the Act itself contains no reported litigation history within the text provided. The endnotes do not list any judicial decisions, case law, or applications of the statute by courts. The Table of Amendments confirms there were no subsequent amendments at the printing of this version (Endnotes, Table of Amendments).

The Act contains procedural provisions designed to reduce challenges arising from transfer mechanics. Section 14 validates Authority decisions despite defects in appointment of the Regulator or an acting Regulator, which aims to prevent litigation challenging the validity of actions taken during transitional or appointment irregularities. Part 5 expressly substitutes the Authority in place of the Department Head in pending proceedings (s 45), and s 39 makes a Department Head certificate conclusive evidence of allocation of property, rights and liabilities, unless revoked under s 39(2). Those provisions are likely intended to minimise scope for litigation about the legal continuity and standing of the new Authority in existing matters.

Section 49 lists a range of non‑effects for the transitional transfers, expressly stating that nothing effected under Part 5 is to be regarded as placing any person in breach of contract or as otherwise making them guilty of a civil wrong, nor as fulfilling conditions that allow termination of agreements, or giving rise to remedies, etc. The breadth of s 49 is designed to limit contractual and tortious claims flowing from the transfer of Crown property, rights or liabilities to the Authority.

Because the Act authorises substantial inter‑agency disclosure (ss 29-30) and centralises personal data, litigation could in future arise concerning privacy, the legality of particular disclosures, or misuse of Register data. However, the Act itself creates specific offences for unauthorised access, use and disclosure (ss 31-33), which are likely intended as the primary enforcement tools rather than private civil causes of action. The Act does not create an express private right of action for misuse of Register information; any civil claims would arise under general tort, contract or privacy regimes external to the Act.

At the time of publication of this version there are no cases named in the statute and no recorded judicial interpretation within the text provided. Practitioners should therefore treat the Act as fresh law, rely on the text and its explicit transitional safeguards for litigatory risk allocation, and monitor courts for any emerging judicial treatment of the Authority’s powers, the Register’s operation, or the permitted disclosures.

This section draws attention to non‑obvious or easily overlooked legal and operational implications that arise directly from the Act’s text.

Single‑office regulator model. The Authority is constituted by a single officeholder, the Early Childhood Regulator (s 5(2)). That means statutory powers and corporate functions are concentrated in the Regulator, subject to delegation powers to staff (s 17). Reliance on written authorisations for staff access (s 27(b)) places significant governance weight on the Regulator’s authorisation decisions and delegation instruments. The Act validates decisions despite defects in appointments (s 14), so past acts could be insulated from attack but governance clarity is essential.

Broad personal data capture. The Register requires sensitive personal identifiers: full name, date of birth, gender, address, telephone and email, role and full employment history including start and end dates, WWC clearance identifying number and expiry, and teacher registration number where applicable (s 24(a)-(i)). The combination of these fields is a comprehensive personal data set. The Act gives the Authority power to include other prescribed information (s 24(j)). Data protection obligations are not detailed in the Act; practitioners should assume existing privacy frameworks and public sector information security obligations apply, but the Act itself does not prescribe access logging, breach notifications, retention or deletion rules.

Wide authorised disclosure list. The Act permits disclosure to a broad list of public authorities and agencies for multiple purposes, including research, funding and benefit administration (s 30(1)-(2)). Although research disclosures must be de‑identified except for providers and nominated supervisors (s 30(3)), the permitted disclosure list includes entities across government and corresponding regulatory authorities, which could create multiple downstream uses and copies of data.

Authorisation of staff is not narrowly defined. Access to the Register is limited to authorised persons (s 27). But authorisation is a written instrument from the Regulator to any person employed or engaged under s 15 or 16 (s 27(b)). The statutory mechanism allows a potentially large cohort of contractors and staff to be authorised, increasing insider risk. The Act does not prescribe minimum vetting criteria for authorisation beyond general public service employment or contracting provisions.

Provider compliance timing trap. A Register submission notice must give at least 45 days after the end of the reporting period for providers to comply (s 25(2)). But there is no explicit process for extension or variation of the notice period in the Act. Providers must ensure administrative systems can compile the full particulars within that timeline or risk penalty exposure (s 26).

Penalty asymmetry between individuals and corporations. Penalties for unauthorised Register misuse or non‑compliance are expressed as differential penalty units for natural persons (60 units) and bodies corporate (300 units) (ss 26, 31-33). Given typical corporate structures, corporate entities face substantially higher potential fines. There is no express mitigation or infringement notice scheme identified; enforcement may proceed by prosecution.

Separation of regulatory and funding powers. The consequential amendment in s 58 retains or transfers funding powers to the Secretary rather than the Authority. Practically, that may produce a regulatory body without direct funding instruments, creating operational interplay (and possible friction) between regulator enforcement and Departmental funding functions. Practitioners should note that regulatory sanctions and funding decisions sit in different statutory hands post‑transfer.

Transitional certainty with limited transparency. The Department Head issues allocation statements and certificates that are conclusive evidence of allocation unless revoked (s 39(1)). While conclusive certificates reduce litigation on transfer questions, the mechanism centralises significant legal certainty in administrative documents. The Department Head must keep a register of certificates and make it available (s 39(3)), but the Act does not mandate public disclosure beyond that availability.

Regulation‑making and retrospective transitional regulations. The Governor in Council may make retroactive transitional regulations to the day of Royal Assent (s 50(2)(a)). That allows retrospective correction of technical matters but raises legal risk where rights could be affected retroactively; however s 50(3) makes clear that such regulations prevail over other Acts except the Charter. Practitioners should watch for regulations made under s 50.

Limited express privacy procedural safeguards. While the Act criminalises unauthorised handling and limits access to authorised persons, it contains no detailed statutory regime for data breach response, data minimisation, retention periods or audit requirements for Register access. Those controls may be left to regulation, contract with the Authority, or general public sector privacy obligations, but their absence in the Act is a practical risk area.

Exclusions and prescribed classes. The Act allows regulations to exclude prescribed persons or classes from the worker definitions (ss 20(2), 21(2), 22(2)). The default statutory capture is broad, but the ultimate scope could be narrowed by regulations. Until regulations are made, practitioners should treat obligations as broadly applicable.

Effect on existing contracts and instruments. Part 5 s 49 seeks to avoid recharacterising contractual rights or triggering defaults by transfer. Nevertheless, counterparties and lenders may require formal novations or consent to reflect the Authority as the new counterparty (see s 42 on substitution of party to agreement), which requires practical contract management effort.

In short, the principal gotchas are concentration of power in a single Regulator, comprehensive and sensitive data capture for the Register, broad permitted inter‑agency disclosures, significant delegation risk via staff authorisations, tight compliance timetables for providers, and a structural separation of regulatory and funding functions that may complicate operational relationships.

This section sets out practical steps and governance measures providers, the Authority and other impacted parties should implement to meet statutory duties and manage legal risk as derived from the Act.

For early childhood service providers

Establish a Register compliance point person and a documented process for compiling Register particulars (s 24). The process should capture full name, DOB, gender, contact details, role, employer/service name(s), employment start and end dates, WWC clearance number and expiry, teacher registration number where applicable, and any other information later prescribed (s 24(a)-(j)).
Maintain up‑to‑date WWC clearance and teacher registration records so that when a Register submission notice arrives the provider can produce accurate identifying numbers and expiry dates. Ensure cross‑checks against the Worker Screening Act 2020 and Victorian Institute of Teaching systems to verify identifiers.
Monitor for Register submission notices and calendar compliance deadlines. Notices must specify a date at least 45 days after the last day of the reporting period (s 25(2)). Build processes to compile and transmit the required dataset within that timeframe.
Keep records of prior Register submissions and note that a provider who has previously provided particulars need not re‑report unless it becomes aware of changes since the prior reporting period (s 25(3)). Maintain versioned employee lists and a change log to evidence whether new submissions are necessary.
Secure data transmission. Because the Register contains sensitive personal information, use secure transmission channels and encryption, and obtain receipt confirmations. Although the Act does not prescribe technical standards, standard public sector information security practices should be applied.
Obtain consents where practical for permitted disclosures. While the Act authorises particular disclosures and use for statutory purposes, obtaining employee consent for use and disclosure where possible strengthens lawful disclosure and reduces disputes (s 33(2)(a)).
Review contracts with third‑party HR or payroll providers to ensure they allow supply of Register particulars and are consistent with data protection and confidentiality obligations.
Timetable internal training for staff responsible for compiling and transmitting Register particulars, and maintain an audit trail of all submissions.

For the Victorian Early Childhood Regulatory Authority and Regulator

Design and publish clear authorisation and delegation instruments for staff and contractors who will access the Register. Section 27 requires written authorisations from the Regulator for staff or contractors to access the Register; document vetting criteria, role‑based access levels and review periods (ss 17, 27).
Implement strict access controls, logging, and audit trails for the Register. The Act criminalises unauthorised access, use and disclosure (ss 31-33); operational controls will be essential to demonstrate compliance and to identify breaches.
Define standard operating procedures for disclosures under s 29-30, including documented purpose tests (is the disclosure “reasonably necessary” or “for a specified purpose” under s 30(2)?), legal basis, recipient vetting, and data minimisation in line with s 30(3) for research.
Coordinate with the Department Head on allocation statements and certificates under Part 5. Ensure the register of certificates is maintained and available (s 39(3)), and plan for substitution into proceedings where necessary (s 45).
Prepare to handle Ministerial information requests under s 19: have processes to determine whether disclosure would compromise an investigation or prosecution and to lawfully withhold information in such cases (s 19(3)).
Draft and publish privacy and breach notification policies consistent with public sector standards and applicable privacy laws. Though the Act lacks detailed breach‑reporting rules, criminal sanctions for unauthorised acts make an incident response plan necessary.
Coordinate with the Social Services Regulator and other potential disclosure recipients to set out data‑sharing agreements specifying permitted uses, security standards, retention and destruction protocols (ss 29-30).

For other public authorities receiving data

Before accepting Register data, confirm that the intended purpose is one of those listed in s 30(2), and establish written data‑sharing agreements that reflect the statutory purpose limits, retention, security and use restrictions.
Implement internal controls to ensure Register data received is only used for permitted functions, and train staff on the criminal offences for misuse (ss 31-33).

For HR, legal and compliance advisors

Update policies and employment agreements to reflect statutory sharing of WWC and registration data with the Authority, and to ensure employees are informed how their data will be used and shared.
Review procurement and outsourcing contracts to ensure that third parties engaged to collect or transmit Register particulars are contractually bound to maintain confidentiality and security and are lawful recipients under the Act.

Regulatory and legislative watch

Monitor for regulations made under s 34 and transitional regulations under s 50, which may define prescribed persons, set additional particulars, or create exemptions. Regulations may also prescribe penalties up to 20 units (s 34(2)(g)) and could modify implementation details.
Watch for guidance and operational instruments from the Authority regarding authorisations, technical submission formats, secure transmission standards, and data retention or deletion schedules.

Recordkeeping and evidence

Keep contemporaneous records showing compliance with Register submission notices, including copies of data submitted, dates, and correspondence with the Authority. These records will be critical in any enforcement or dispute context.

Practical checklist at time of a Register submission notice

Verify which workers fall within the Act’s definitions and any current prescribed exclusions (ss 20-22).
Extract and verify Register particulars for each worker, including WWC and teacher registration identifiers (s 24).
Securely transmit the data to the Authority by the deadline (s 25(2)), retaining evidence of transmission.
Update internal records and flag any changes for future reporting obligations (s 25(3)).
Ensure staff authorised to handle Register data have written authority from the Regulator and are trained (s 27).

Following these steps will address the statutory duties set out in the Act and reduce exposure to the specified criminal and pecuniary penalties, while positioning organisations to comply with the Authority’s operational processes when they are published.

Victorian Early Childhood Regulatory Authority Act 2025

Plain English Summary

Deep Dive

What it does

Current sections

Victorian Early Childhood Regulatory Authority Act 2025

Source text: opening excerpt

1 Victorian Early Childhood Regulatory Authority Act 2025

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply