New Regulator, New Era of Enforcement: What Recent Charges Mean for Early Childhood and OSHC Providers in Victoria

The commencement of Victoria’s new independent early childhood regulator marks a significant turning point for early learning and outside school hours care (OSHC) providers. Recent criminal charges laid by the Victorian Early Childhood Regulatory Authority (VECRA) send a clear message that regulators are prepared to take decisive enforcement action where children’s safety is put at risk.

For approved providers, these developments are an important reminder that child safety obligations are not aspirational – they are legal requirements, and failures can result in serious consequences.

A New Regulator With a Strong Enforcement Mandate

The VECRA officially commenced operations on 1 January 2026 following recommendations from the 2025 Rapid Child Safety Review. The creation of an independent regulator reflects growing concern around child safety risks across early childhood settings and recognises that stronger oversight is required.

VECRA’s role extends beyond guidance and support. It has clear authority to investigate alleged breaches, commence criminal proceedings and take enforcement action under the Education and Care Services National Law.

The regulator’s early actions suggest that enforcement will be a central feature of its approach.

Recent Charges Highlight Supervision and Staffing Risks

VECRA has recently laid multiple charges against an approved OSHC provider, Team Holiday Ptd Ltd, who operates services across several Victorian school sites under the business name TeamKids. The allegations relate to separate incidents in which children were able to leave service premises or were left unsupervised for extended periods, including during excursions.

In one alleged incident, children were reportedly unaccounted for more than an hour before being returned by a parent. Other allegations involve children leaving services unnoticed or remaining on a bus after an excursion had concluded.

Across the incidents, the common thread is an alleged failure of supervision systems and, in one case, staffing arrangements that did not meet required educator-to-child ratios.

These matters remain before the courts and have not yet been determined. However, the charges themselves demonstrate the seriousness with which supervision failures are now being treated.

The Legal Obligations at the Center of These Proceedings

These obligations are provided in sections 51, 165, 167 and 169 of the Education and Care Services National Law, which imposes clear and ongoing obligations on approved providers to:

• Ensure children are adequately supervised at all times;
• Protect children from harm and foreseeable hazards; and
• Maintain staffing arrangements that support children’s safety, health, and wellbeing.

These obligations apply across all aspects of service delivery, including excursions, transitions, arrivals and departures, and outdoor play. Compliance is measured not only by written policies, but by how effectively systems operate in practice.

What This Means for Organisations

For early learning and OSHC providers, these proceedings are a strong signal that regulators will be looking closely at how child safety obligations are implemented on the ground.

In practical terms, organisations should expect:

• Increased scrutiny of supervision practices, particularly during high-risk periods
  such as excursions and transitions;
• Closer examination of staffing decisions, including how ratios are maintained
  during busy or unpredictable periods; and
• Greater regulatory focus on whether policies are actively followed, not just
  whether they exist.

Importantly, enforcement action does not require an incident to result in harm. The exposure of children to risk, even for a short period, may be sufficient to attract regulatory attention and, in serious cases, criminal charges.

Organisations should also be mindful that enforcement action can have broader impacts beyond penalties, including reputational damage, staff distress and loss of trust from families and school communities.

More Enforcement Action is Expected in the Future

The establishment of VECRA reflects a broader shift in regulatory culture, where child safety failures are increasingly viewed as systemic governance issues rather than isolated operational mistakes. We expect repeat or serious supervision failures to attract firmer regulatory responses, with OSHC services remaining a particular focus due to their dynamic environments and heightened supervision risks. Regulators are also likely to continue testing the boundaries of enforcement under the National Law, making early and proactive compliance action not just advisable, but essential.

What Should Services Be Doing Now?

In this evolving regulatory environment, approved providers should take proactive steps to review and strengthen their safeguarding frameworks. This may include:

• Reviewing supervision arrangements and identifying high-risk scenarios;
• Auditing educator-to-child ratios and staffing coverage across the day;
• Ensuring excursion planning and risk assessments are robust and realistic;
• Refreshing staff training on duty of care and supervision expectations; and
• Assessing how policies and procedures are being implemented on a practical
  level.

A proactive approach can significantly reduce risk and demonstrate to regulators that child safety is being taken seriously at an organisational level.

A Timely Reminder for Approved Providers

The recent charges laid by VECRA serve as a timely reminder that child safety is a
fundamental legal obligation, and one that is now being enforced with greater intensity. With a new regulator actively exercising its powers, early learning and OSHC providers should expect closer scrutiny and to be held to high child safety standards. Acting now to strengthen systems and embed a strong child safety culture is the most effective way to protect children and minimise regulatory risk.

How Can Safe Space Legal Help?

The team at Safe Space Legal have extensive safeguarding experience. We have
worked with many early childhood and OSHC providers 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.