CCYP Victoria: The 8 ‘Notices to Comply’ Issued in 2024-25

CCYP Victoria: The 8 ‘Notices to Comply’ Issued in 2024-25

A Clear Shift in Enforcement by CCYP Victoria

The Commission for Children and Young People Victoria (CCYP) (Commission) took a noticeably firmer regulatory approach in 2024-25, issuing eight Notices to Comply under the Child Wellbeing and Safety Act 2005 (Vic).

These notices are not routine. They are formal, legally binding directions issued when an organisation has failed to meet the Child Safe Standards and has not adequately responded to earlier, less formal compliance action.

The number of Notices to Comply issued this year signals a clear message from the Commission. Organisations are expected to be fully compliant with the updated Child Safe Standards (updated in 2022), and ongoing non-compliance will attract enforcement.

What is a CCYP Notice to Comply?

A Notice to Comply is one of CCYP’s strongest regulatory tools. It requires an organisation to take specific remedial actions within a defined timeframe. Failure to comply with a notice can result in further enforcement, including official warnings and, in some circumstances, court action.

Unlike advice, recommendations or requests for information, a Notice to Comply is legally enforceable, issued after evidence of non-compliance is identified, and used when earlier engagement has not led to improvement.

Why These 8 Notices Matter?

According to the 2024-25 CCYP Annual Report:

• The CCYP conducted 157 assessments overall;
• 29 assessments focused on 26 organisations requiring high-level intervention; and
• 8 Notices to Comply were issued within this small group.

This means nearly one-third of organisations under intense scrutiny were found to have serious and systemic child safety failures. This represents a significant escalation in CCYP enforcement actions and reflects a shift from capacity building to active regulation.

What Triggered the 8 Notices to Comply?

While the Commission does not publicly name organisations (which is also a decision to protect children and young people), it does outline the types of failures that led to enforcement. Across the 8 notices, the CCYP required organisations to address failures in the following areas.

1. Risk management and child safety planning;
2. Child-safe recruitment and screening failures;
3. “Paper compliance” with policies and codes of conduct; and
4. Governance and leadership accountability.

Sectors Most Affected by CCYP Enforcement in 2024-25

The Annual Report notes that Notices to Comply were predominantly issued in:

• Religious organisations.
• Out-of-home care services.
• Sport and recreation organisations.

These sectors were identified as having “pockets of resistance” to the updated Child Safe Standards, despite having had sufficient time to transition.

The CCYP Escalation Ladder: How Investigations Progress

Understanding what happens in CCYP investigations can help organisations recognise risk early. In 2024-25, the CCYP followed a graduated approach, which involves:

• Notice to Produce: used to compel documents and information
• Notice to Comply: issued when evidence shows non-compliance
• Official Warning: issued where organisations fail to comply with notices or warnings

Notably, the Commission reported that 50% of enforcement actions this year involved secondary non-compliance, meaning organisations did not adequately respond the first time.

CCYP Official Warning vs Notice to Comply: What’s the Difference?

An Official Warning is used by the CCYP to formally signal serious concerns about an organisation’s child safety practices and to set expectations for improvement. While it indicates heightened regulatory attention, it is not legally binding. In contrast, a Notice to Comply requires an organisation to take specific remedial actions within a set timeframe and is legally enforceable under the Child Wellbeing and Safety Act 2005. Receiving a Notice to Comply is a strong indicator that the CCYP considers the risk to children to be unacceptable without immediate and demonstrable change.

Key Response Strategies if an Organisation Receives a CCYP Notice to Comply

If your organisation receives a notice, early and structured action is critical. Key steps include:

• Seek legal advice immediately to understand obligations and risks;
• Assign responsibility at executive and board level;
• Develop a clear, evidence-based response plan;
• Engage transparently with the CCYP and meet all deadlines; and
• Avoid defensive or minimal compliance responses – poorly handled responses often lead to escalation, not resolution.

Avoiding CCYP Compliance Action: a Prevention Checklist

The 2024-25 enforcement trends highlight what organisations should prioritise now. Practical prevention steps include:

• Regular, documented child safety risk assessments;
• Robust child-safe recruitment and screening systems;
• Ongoing staff training that continues beyond induction;
• Active board oversight of child safety;
• Regular internal audits against the Child Safe Standards; and
• Clear reporting pathways for concerns and incidents.

For organisations, this means moving from compliance as a task to child safety as a system. Organisations should take all practicable steps to ensure their organisation embeds a culture of tangible child safety to ensure they are compliant with their legal obligations.

How Can Safe Space Legal 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, moving beyond paper compliance to a genuine child safe organisation.

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.