Child Safety Regulators in Victoria

Child Safe Standards Child Safety Education and care services Registration Regulation Reportable Conduct Scheme Schools Working with Children

The child safety landscape has significantly changed in Victoria.

We thought that it may be helpful to compile an up to date summary of the regulators responsible for ensuring that children and young people receive safe services, programs and facilities, and their respective roles and responsibilities in this new landscape:

Commission for Children and Young People

From 23 February 2026, the Commission for Children and Young People’s (CCYP) functions are limited to the following:

monitor the performance of out of home care services[1]
conduct investigations into out of home care services at the request of the Minister for Children[2]
conduct inquiries into services that were provided and should have been provided to children who have died and who were receiving child protection services at the time of their death, or within 12 months before their death[3]
conduct inquiries in relation to services that were provided and should have been provided to a vulnerable child or group of vulnerable children[4]
conduct inquiries into persistent or recurring systemic issues in the provision of services that are provided or should be provided by child protection services, youth justice services, community services, health services, human services or schools.[5]

These powers and functions are set out in the Commission for Children and Young People Act 2012 (Vic).

Further information can be found on the CCYP website: www.ccyp.vic.gov.au

Department of Health

The Secretary to the Department of Health is a sector regulator for the Child Safe Standards. This means that they provide education, information and advice; and investigate, monitor and enforce compliance with the Child Safe Standards

They are responsible for the following entities:

maternal and child health services
public hospitals, private hospitals and denominational hospitals
day procedure centres
multi-purpose services
public health services
registered community health centres
mental health and wellbeing service providers
funded drug and alcohol treatment services.[6]

Social Services Regulator

The Social Services Regulator is now responsible for a large number of matters that help keep children and young people safe. Here is a brief summary of all of these responsibilities:

Social Services

The Social Services Regulator registers and regulates social services; and monitors and enforces their compliance with the Social Services Standards.

Social services include:

child protection services
community-based child and family services
disability services
family violence services
homelessness services
out of home care services
secure welfare services
sexual assault services
supported residential services.[7]

Its powers and functions in relation to social services are set out in the Social Services Regulation Act 2021 (Vic).

Further information about these powers and functions can be found on its website: www.vic.gov.au/services-scope-new-scheme

Worker Carer Exclusion Scheme

The Social Services Regulator also administers the Worker Carer Exclusion Scheme. This means that it also regulates people who are employed or engaged to provide the following services:

providing foster care to a child
caring for children in an out of home care residence managed by an out of home care service or providing services to these children
caring for children at a secure welfare service or providing services to these children.

These people are referred to as WCES workers and carers.[8]

In this context, the Social Services Regulator’s powers and functions are set out in the Social Services Regulation Act 2021 (Vic) and include the following:

maintain a WCES worker and carer database
provide relevant information from the WCES worker and carer database to services before they engage a WCES worker or carer
investigate the conduct of WCES workers and carers
issue interim exclusions to WCES workers and carers if it believes that they pose an unjustifiable risk of harm to service users and the interim exclusion is necessary to protect service users
convene Panels to determine whether the WCES worker or carer should be excluded from providing specific services.[9]

Further information about the Social Services Regulator’s powers and functions in relation to WCES workers and carers can be found on its website: www.vic.gov.au/worker-and-carer-exclusion-scheme

Working with Children Checks

On 9 February 2026, the Social Services Regulator also became the new regulator of Working with Children Checks in Victoria.[10]

Its powers and functions are set out in the Worker Screening Act 2020 (Vic).

The Social Services Regulator has taken over this role and responsibility from the Secretary to the Department of Justice and Community Safety who had delegated this function to the Working with Children Check Unit of the Department.

Further information about the Social Services Regulator’s functions and powers in relation to Working with Children Checks can be found on its website: www.vic.gov.au/working-with-children-check

Child Safe Standards

On 23 February 2026, the Social Services Regulator became the new regulator for the Child Safe Standards.[11]

Its powers and functions are set out in the Child Wellbeing and Safety Act 2005 (Vic). These include:

providing education, information and advice about the Child Safe Standards
monitoring and enforcing compliance with the Child Safe Standards.

The Social Services Regulator has taken over these roles and responsibilities from the Commission for Children and Young People.

The Social Services Regulator continues to be supported by sectors regulators and integrated sector regulators.

Sector regulators provide education, information and advice; and investigate, monitor and enforce compliance with the Child Safe Standards. The current sector regulators are the Secretary to the Department of Health and the Wage Inspectorate Victoria.[12]

Integrated sector regulators can use their existing powers to monitor and enforce compliance with the Child Safe Standards. The current integrated sector regulators are the Victorian Registration and Qualifications Authority (VRQA), and the Victorian Early Childhood Regulatory Authority (VECRA). [13]

The Social Services Regulator is also considered to be an integrated sector regulator for the Department of Families, Fairness and Housing and all of the following entities that receive funding under a State contract:

early therapeutic intervention services specifically for children with a disability, additional needs or developmental delay
disability service providers and other providers of disability services
family violence or sexual assault services
support services for parents and families
housing services or other assistance to the homeless
child protection services
out of home care services.[14]

Further information about Social Services Regulator’s powers and functions in relation to the Child Safe Standards can be found on its website: www.vic.gov.au/child-safe-standards

Reportable Conduct Scheme

On 23 February 2026, the Social Services Regulator became the new regulator for the Reportable Conduct Scheme.[15]

Its powers and functions are set out in the Child Wellbeing and Safety Act 2005 (Vic). These include:

educate relevant entities and provide them with advice about identifying, reporting and investigating reportable allegations
oversee the investigation of reportable allegations
investigate reportable allegations if it considers it to be in the public interest to do so or when an entity and regulator is unable to do so
monitor compliance with the reportable conduct scheme
investigate whether reportable allegations have been inappropriately managed by an entity or regulator if it is in the public interest to do so.[16]

The Social Services Regulator has taken over these roles and responsibilities from the Commission for Children and Young People.

Further information about the Social Services Regulator’s powers and functions in relation to the Reportable Conduct Scheme can be found on its website: www.vic.gov.au/reportable-conduct-scheme

Victorian Early Childhood Regulatory Authority

On 1 January 2026, the Victorian Early Childhood Regulatory Authority (VECRA) commenced as the new independent regulator of education and care services in Victoria.[17]

Its powers and functions are set out in the Victorian Early Childhood Regulatory Authority Act 2025 (Vic), the Education and Care Services National Law (Victoria), and the Education and Care Services National Regulations.

They include:

register providers and services
maintain registers of approved providers and education and care services
administer the National Quality Framework
monitor and enforce compliance with the Education and Care Services National Law (Victoria) and the Education and Care Services National Regulations
receive and investigate notifications and complaints about education and care services [18]

In relation to educators and early childhood teachers, these include:

maintain the Victorian Early Childhood Worker Register[19]
direct an employer to suspend a person if they pose a risk to the safety, health or wellbeing of children being educated and cared for at the service[20]
direct an employer to supervise the person while they are providing education and care to children at the service [21]
direct the person to complete training[22]
direct the person to cease providing education and care services[23]
charge the person with criminal offences such as subjecting a child to inappropriate conduct[24] or using a device to capture, store or transmit an image of a child that was not a service supplied device.[25]

In relation to approved providers, nominated supervisors and persons with management and control, VECRA can also commence disciplinary proceedings against the person.[26]

VECRA is also an integrated sector regulator for the Child Safe Standards. This means that it can use its existing powers to monitor and enforce education and care services’ compliance with the Child Safe Standards.[27]

VECRA has taken over these roles and responsibilities from the Secretary to the Victorian Department of Education who had delegated this function to the Quality Assessment and Regulation Division (QARD) of the Department.

The Interim Regulator is Adam Fennessy PSM.

Further information can be found on VECRA’s website: www.vic.gov.au/victorian-early-childhood-regulatory-authority

Victorian Institute of Teaching

The Victorian Institute of Teaching (VIT) registers and regulates teachers and early childhood teachers in Victoria.

It powers and functions are set out in Part 2.6 of the Education and Training Reform Act 2006 (Vic). These include:

register teachers, early childhood teachers and those with permission to teach
maintain a register of teachers, early childhood teachers and those with permission to teach
develop, establish and maintain standards of professional practice and a code of conduct for the teaching profession
investigate the conduct, competence and fitness to teach of registered teachers
investigate whether a registered teacher’s ability to practice is seriously detrimentally affected because of an impairment
suspend the registration of a teacher on an interim basis if it reasonably believes that the person poses an unacceptable risk of harm to children, and the suspension is necessary to protect children
suspend, cancel and refuse registration in specified circumstances
establish and maintain a Register of Disciplinary Action.[28]

Further information can be found on the Victorian Institute of Teaching’s website: www.vit.vic.edu.au

Victorian Registration and Qualifications Authority

The Victorian Registration and Qualifications Authority (VRQA) registers and regulates:

government and non-government schools
school boarding premises
students for home schooling
providers that can deliver accredited courses, specified courses for overseas students and student exchange programs
providers that can award registered qualifications

It also maintains a number of registers that include the following:

It is also an integrated sector regulator for the Child Safe Standards. This means that it can use its existing powers to monitor and enforce compliance with the Child Safe Standards.

In this context, it is responsible for the following entities:

registered schools
providers of accredited senior secondary courses, registered senior secondary qualifications, accredited foundation secondary courses, and registered foundation secondary qualifications
approved providers of specified courses to students from overseas
approved entities that operate a student exchange program
providers of school boarding services at a registered school
registered training organisations that provide post-secondary education.[29]

It powers and functions are set out in Chapter 4 of the Education and Training Reform Act 2006 (Vic).

Further information can be found on VRQA’s website: https://www2.vrqa.vic.gov.au/

Wage Inspectorate Victoria

The Wage Inspectorate Victoria is a sector regulator for the Child Safe Standards. This means that it provides education, information and advice; and investigates, monitors and enforces compliance with the Child Safe Standards.[30]

In this context, it is responsible for entities that employ children and that are required to hold a license issued under the Child Employment Act 2003 (Vic) for that employment.[31]

If you provide services, programs, facilities or activities to children and young people, please feel free to contact us to find out more.

Elena Totino

Founder, Director & Principal Lawyer

Safety Quality & Care Legal Services

30 March 2026

[1] Commission for Children and Young People Act 2012 (Vic), section 28(b)

[2] Commission for Children and Young People Act 2012 (Vic), section 28(c)

[3] Commission for Children and Young People Act 2012 (Vic), section 34

[4] Commission for Children and Young People Act 2012 (Vic), section 37

[5] Commission for Children and Young People Act 2012 (Vic), section 39

[6] Child Wellbeing and Safety Act 2005 (Vic), section 25D; and Child Wellbeing and Safety Regulations 2017 (Vic), Regulation 7A(a)

[7] Social Services Regulations 2023 (Vic), Regulations 5-11

[8] Social Services Regulations 2023 (Vic), Regulation 38

[9] Social Services Regulation Act 2021 (Vic), Part 5

[10] State of Victoria, Victorian Government Gazette, No. S50, Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025 (Vic), Tuesday 3 February 2026

[11] State of Victoria, Victorian Government Gazette, No. S50, Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025 (Vic), Tuesday 3 February 2026

[12] Child Wellbeing and Safety Act 2005 (Vic), section 25D; and Child Wellbeing and Safety Regulations 2017 (Vic), Regulation 7A

[13] Child Wellbeing and Safety Act 2005 (Vic), section 25F(1)

[14] Child Wellbeing and Safety Regulations 2017 (Vic), Regulation 7B(1)(a)

[15] State of Victoria, Victorian Government Gazette, No. S50, Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025 (Vic), Tuesday 3 February 2026

[16] Child Wellbeing and Safety Act 2005 (Vic), section 16G

[17] State of Victoria, Victorian Government Gazette, No. S 672, Victorian Early Childhood Regulatory Authority Act 2025 (Vic), Tuesday 2 December 2025

[18] Education and Care Services National Law (Victoria), Part 12

[19] Victorian Early Childhood Regulatory Authority Act 2025 (Vic), section 8

[20] Education and Care Services National Law (Victoria), section 178A

[21] Education and Care Services National Law (Victoria), section 178C

[22] Education and Care Services National Law (Victoria), sections 178D & 178E

[23] Education and Care Services National Law (Victoria), sections 178BA

[24] Education and Care Services National Law (Victoria), section 166A

[25] Education and Care Services National Law (Victoria), section 175F

[26] Education and Care Services National Law (Victoria), section 188C – 188F

[27] Child Wellbeing and Safety Act 2005 (Vic), section 25F(1)(b)

[28] Education and Training Reform Act 2006 (Vic), sections 2.6.3 and Divisions 3-4, 8-12

[29] Child Wellbeing and Safety Act 2005 (Vic), section 25F(1)(a)

[30] Child Wellbeing and Safety Act 2005 (Vic), section 25D; and Child Wellbeing and Safety Regulations 2017 (Vic), Regulation 7A(b)

[31] Child Wellbeing and Safety Regulations 2017 (Vic), Regulation 7A(b)