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New laws to increase childcare safety

By Roslyn Mullins

In an Australian first, changes to legislation have been made that will allow Victorians to check the compliance record of all children’s services online. The changes will also introduce tougher penalties for service providers who fail to comply with the new legislation and regulations.

Minister for Children and Early Childhood Development, Minister Maxine Morand, introduced The Children’s Legislation Amendment Bill 2008 into Parliament on April 8.  The new Bill amends both the Children’s Services Act 1996 and the Child Wellbeing and Safety Act

Changes being made by the new Bill are part of major reforms to children’s services in Victoria, which will lift the standards of kindergarten and childcare services across the State. The Child Wellbeing and Safety Act will be amended to include the principle that all children should be able to enrol in kindergarten.

Introducing the new Bill into Parliament, Ms Morand said, “This new Bill is aimed at providing important new protection for children and families who use long day care, kindergarten, family day care and outside-of -school-hours care.”

Under the new legislation, children’s services providers who do not provide proper learning and development programs for children will face increased penalties.

Penalties will also apply where providers fail to adequately supervise and protect children.  Existing fines will more than double and inspectors will have powers to direct proprietors to take immediate action to remove or reduce risks to children.

Unlicensed operators will face fines of up to $27,000, as part of the tougher measures.

“The new legislation will give parents confidence that their child’s kinder or childcare service is not only meeting minimum standards but that their child is also receiving the best possible education,” added Ms Morand.

The new Bill also provides improvements for children’s services proprietors, with licensing provisions streamlined to reduce the unnecessary burden on childcare providers and the term of childcare licenses extended to five years.

The full provisions of the amendments, including regulation of family day care and outside school hours care, will come into effect no later than May 25 2009, when the new Children’s Services Regulations come into force.

To access the Children’s Legislation Amendment Bill 2008, see Victorian Legislation and Parliamentary Documents (http://www.legislation.vic.gov.au)