Today, national legislation was introduced into the Victorian Parliament to strengthen child safety.
The legislation aims to:
- give families greater confidence in the care and education their children receive
- ensure providers continue to meet the highest standards of safety and professionalism.
The reforms will put into action recommendations jointly agreed upon by education ministers earlier this year. They reflect a national commitment to ensuring the safety and wellbeing of children in early childhood education and care settings.
Key reforms include:
- making the safety, rights and best interests of children the paramount consideration in the operation of an education and care service
- ensuring the safe use of digital devices
- mandating national child safety and child protection training
- establishing ‘inappropriate conduct’ as an offence
- enabling regulators to share the identity of prohibited individuals with their approved provider
- broadening the range of regulatory responses available for addressing misconduct
- removing the ability to apply for ongoing service waivers related to regulation 115 – premises designed to facilitate supervision
- allowing effective identification, monitoring and regulation of ‘related providers’
- making it an offence for anyone subject to a prohibition notice to give a recruitment agency false or misleading information about that notice
- expanding the powers of regulators to information-share with recruitment agencies
- establishment of a mandatory national early childhood educator register
- extending the limitation period for offences to enable prosecution to be undertaken, including a ‘stop the clock’ provision for prosecuting offences
- a three-fold increase to all maximum penalties under the National Quality Framework
- expanding the use of Penalty Infringement Notices, and
- strengthening requirements around working with children checks
Additional measures for family day care (FDC) include:
- requiring assessments of FDC residences to include nearby areas accessible to children, and
- enabling authorised officers to access the FDC service premises and areas beyond residence for monitoring and compliance or investigation of offences or alleged offences.
Most amendments are set to commence on 27 February 2026, while some provisions will take effect earlier.
Changes are subject to the passage of legislation.