tyson brennan. 12 may 2026.
For education and care service providers, child safety is no longer solely a compliance obligation. It is now a central governance, operational and leadership issue that directly impacts organisational reputation, regulatory standing and community trust.
Recent regulatory action and public scrutiny involving childcare operators across Australia have reinforced a clear message from regulators: service providers are expected to actively demonstrate a culture of child safety, not merely maintain policies that sit unused on a shelf. In Victoria, this expectation is reinforced through the combined operation of the Education and Care Services National Law, the National Regulations and Victoria’s mandatory Child Safe Standards.
On 1 January 2026, the Victorian Early Childhood Regulatory Authority (VECRA) commenced operations as Victoria’s new independent early childhood regulator VECRA recently announced criminal charges against a childcare provider arising from allegations that children were placed at risk. VECRA has filed charges against TheirCare Pty Ltd in relation to multiple serious alleged breaches at Rosanna Golf Links Primary School TheirCare in Rosanna. The charges include:
• failure to ensure the safety, health and wellbeing of children;
• failure to operate the service in compliance with Child Safe Standards;
• failure to ensure adequate supervision of children at all times;
• failure to take every reasonable precaution to protect children from harm and hazard likely to cause injury.
The matter has attracted significant attention within the sector and serves as an important reminder that failures relating to supervision, reporting, governance and safeguarding can have serious legal and reputational consequences for providers, directors and leadership personnel.
the legal framework
Approved providers and education services operating under the Education and Care Services National Law are subject to extensive statutory obligations designed to protect children’s safety, health and wellbeing. Importantly, the National Law places child safety at the forefront of service delivery. Providers are required to take “every reasonable precaution” to protect children from harm and from hazards likely to cause injury.
In Victoria, these obligations are supplemented by the Child Safe Standards, which apply to organisations providing services or facilities to children. The Standards require organisations to implement systems, policies and cultural practices that proactively prevent abuse and respond appropriately to risks and concerns.
The current framework expects providers to demonstrate:
• strong child-safe leadership and governance;
• clear reporting and escalation pathways;
• appropriate supervision and staffing practices;
• effective recruitment and screening procedures;
• ongoing staff training and education;
• transparent incident management systems; and
• meaningful engagement with children and families regarding safety concerns.
Importantly, regulators increasingly assess whether these measures are genuinely embedded within day-to-day operations rather than existing merely as documented policies.
compliance failures often reflect cultural failures
In our experience, significant compliance issues rarely arise from a single isolated incident. More commonly, they develop where there are broader governance or cultural shortcomings within the organisation. Warning signs often include:
• informal or inconsistent reporting practices;
• poor documentation and record keeping;
• inadequate staff supervision;
• failure to escalate complaints appropriately;
• tolerance of “near miss” incidents;
• insufficient workforce training; or
• leadership teams becoming operationally reactive rather than strategically proactive.
Where these issues exist, regulatory exposure can escalate quickly.
The Victorian Early Childhood Regulatory Authority (VECRA) has broad enforcement powers and may take action ranging from compliance notices through to suspension, cancellation proceedings and prosecution.
Additionally, Victoria’s “failure to protect” laws may expose individuals in positions of authority to criminal liability where reasonable steps are not taken to reduce or remove known risks to children.
For directors and senior management, this reinforces the importance of treating child safety as a standing governance issue requiring regular oversight, auditing and continuous improvement.
practical steps for providers
Education and care providers should consider whether their current systems are genuinely capable of identifying and responding to child safety risks in real time. Some practical risk-management measures include:
• conducting regular child safety audits and policy reviews;
• reviewing supervision and staffing structures across all service environments;
• implementing clear incident escalation procedures;
• ensuring all staff understand mandatory reporting and reportable conduct obligations;
• maintaining robust complaint-handling frameworks;
• undertaking regular governance reporting to boards or directors; and
• providing scenario-based staff training rather than purely theoretical compliance modules.
Providers should also ensure that child safety considerations extend beyond educational delivery and into broader operational areas including excursions, transport arrangements, digital communications, photography policies, contractor engagement and physical site design.
a shift towards greater accountability
Across Australia, regulators are signalling a clear shift towards stronger enforcement and heightened accountability in the education and care sector. Recent legislative reforms have further strengthened child safety obligations nationally, including proposed reforms relating to workforce registers, mandatory child safety training and digital safety practices.
For providers, the key issue is no longer whether child safety systems technically exist. The focus is increasingly on whether leadership can demonstrate that those systems are active, effective and embedded throughout the organisation.
Ultimately, child safety compliance is not simply a regulatory exercise. It is a core operational responsibility that requires consistent leadership attention, cultural commitment and ongoing review.
Organisations that proactively invest in governance, training and safeguarding practices will place themselves in a significantly stronger position, both legally and operationally, than those who adopt a reactive approach only after concerns arise.
