What Leads to CCYP Enforcement Action?

What Leads to CCYP Enforcement Action?

Understanding the 4 Official Warnings in Victoria

The Victorian Commission for Children and Young People (CCYP) has made it clear that compliance with the Child Safe Standards is not optional. While the Commission prefers education and support, it will escalate to enforcement where organisations fail to act, including issuing official warnings.

In their Annual Report for 2024 – 2025, the CCYP reported that it had issued four official warnings to organisations for child-safety non-compliance. While the number itself is small, the message is significant. The enforcement action is real, and it is escalating where risks to children remain unmanaged.

This article provides an overview of what leads to CCYP enforcement action, how the graduated enforcement approach works, what those four warnings represent, and what organisations should do if they are contacted by CCYP.

CCYP’s Stated Enforcement Approach: Graduated, Risk-Based and Proportionate

CCYP regulates compliance with the Child Safe Standards under the Child Wellbeing and Safety Act 2005 (Vic). Its enforcement approach is graduated, meaning the response increases depending on the seriousness of the risk and the organisation’s willingness to comply. CCYP aims to:

• prevent harm to children and young people;
• encourage early compliance through education and guidance, and;
• escalate enforcement only when necessary to manage risk.

This approach reflects a risk-based model. Organisations that engage, take concerns seriously, and act promptly are far less likely to face formal enforcement than those that delay, minimise, or ignore identified risks.

What Are the “4 Official Warning” Cases?

The “four warnings” are not four types of warnings or a step-by-step sequence. They refer to four separate instances where CCYP issued an official warning to organisations for suspected non-compliance with the Child Safe Standards.

An official warning is a formal enforcement action. It signals that CCYP believes:

• an organisation is not complying with one or more Child Safe Standards;
• a notice to comply has not been adequately addressed, or;
• there may be a breach of the law relating to child-safety obligations.

By the time an organisation receives an official warning, CCYP has typically already attempted education, engagement, or informal compliance activity. A warning indicates that the Commission considers the risk serious enough to formally intervene.

Warning, Notice or Inspection: What’s the Difference?

Understanding the difference between CCYP’s enforcement tools is critical.

CCYP Official Warning

A CCYP official warning is a formal notice that the Commission suspects non-compliance or an offence. While it does not carry an immediate financial penalty, it is a clear signal that enforcement is escalating, and future action may follow if issues are not rectified.

Notice to Comply or Produce

A notice to comply requires an organisation to take specific actions by a set deadline (for example, updating policies, delivering training, or fixing governance gaps).

A notice to produce requires documents or information to be provided to CCYP.
Failure to respond adequately to these notices is a common trigger for escalation.

Inspection or Investigation

CCYP has powers to enter premises, inspect systems, and assess compliance. Inspections may be proactive or triggered by concerns, complaints, or intelligence about ongoing risks.

These tools form part of the CCYP investigation process, which can move quickly if risks to children are identified.

When Does CCYP Take Action?

What Triggers Enforcement Escalation in Victoria?

While every case turns on its facts, common triggers for CCYP enforcement escalation include the following:

• Repeated or ongoing non-compliance with the Child Safe Standards;
• Failure to implement basic safeguarding measures (policies, training, supervision);
• Ignoring or minimising identified risks;
• Inadequate responses to complaints, disclosures or allegations;
• Failure to comply with a notice to comply or notice to produce;
• Lack of leadership accountability or governance oversight; Evidence that children are exposed to unmanaged or systemic risk

CCYP takes action where organisations know, or should know, there is a problem, but fail to act.

What Should Organisations Do If They Are Contacted by CCYP?

Receiving contact from the CCYP does not automatically mean enforcement action is inevitable. In many cases, escalation can be avoided. How an organisation responds often matters as much as the underlying issue. A defensive or dismissive approach significantly increases regulatory risk. The key steps to de-escalate include:

• Engage early and transparently with the CCYP;
• Take all concerns raised seriously;
• Act promptly on any guidance or informal recommendations;
• Respond fully and promptly to information requests;
• Demonstrate genuine commitment to improving child safety;
• Document actions taken and governance oversight.

What This Means for Organisations

The four official warnings issued by CCYP send a clear message to Victorian organisations working with children: child safety compliance is being actively monitored, and education alone will not protect organisations that fail to act. CCYP is using its enforcement powers and will continue to do so where risks to children are not adequately managed.

These warnings also reinforce that effective child safety is not just about having policies on paper because strong governance, organisational culture and practical systems are critical. Organisations should not wait for a complaint or investigation to test their compliance; regular audits, staff training, leadership accountability and early intervention are essential to managing risk and avoiding regulatory escalation.

How Safe Space Legal Can Help?

The team at Safe Space Legal have extensive safeguarding experience. We have worked with many organisations across Victoria, and Australia, to ensure they are meeting their legal obligations and frequently conduct independent safeguarding investigations. We work with organisations to help build a culture of safety and accountability.

Safe Space Legal provides the following services to ensure organisations meet their legal obligations:

• Supporting organisations to have robust recruitment strategies to keep children and young people safe;
• Providing organisations with advice on their legal obligations and compliance;
• Drafting best practice child safety policies, procedures and codes of conduct;
• Conducting gap analysis audits of critical incidents;
• Providing training on legal obligations, duty of care and child safety;
• Conducting child safety investigations which are compliant with relevant state and territory schemes; and
• Provide sound legal advice on risk mitigation.

Contact office@safespacelegal.com.au or call (03) 9124 7321 to organise a complementary discussion in relation to your organisation’s safeguarding needs.