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
Section 1 - Victorian Early Childhood Regulatory Authority Act 2025 - Victorian Early Childhood Regulatory Authority Act 2025 | Zoe
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
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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
(c) to make related consequential amendments to other Acts.
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
(c) a hospital early childhood education program;
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
(c) in relation to a hospital early childhood education program, the Secretary to the Department of Education;
early childhood worker means—
(a) an education and care service worker; or
(b) a children's service worker; or
(c) a hospital early childhood education program worker;
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 educationprogram 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 WorkerRegister 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;
(c) may sue and be sued;
(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
(c) the functions conferred on the Victorian Early Childhood Regulatory Authority by or under—
(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
(c) is entitled to the remuneration and allowances fixed from time to time by the Minister.
(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;
(c) inability to perform the duties of office;
(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;
(c) the Children's Services Act 1996.
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;
(c) a volunteer at a children's service;
(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;
(c) a volunteer at an education and care service;
(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
(c) the person's gender; 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;
(c) any Commonwealth, State or Territory public authority;
(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
(c) a children's service nominated supervisor.
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
(c) as required, authorised or permitted by or under this Act or any other Act or law.
(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
(c) that refers to 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
(c) differ according to time, place or circumstance; 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";
(c) the definition of Department is repealed.
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.