Children's Services Regulated Under State Law

Some services are regulated under the Victorian Children’s Services Act 1996, rather than the National Quality Framework.

These include:

  • all limited hours and short-term licensed services
  • budget-based services not funded for Child Care Benefit
  • occasional care
  • early childhood intervention
  • mobile services
  • some school holiday care programs.

Requirements for services

Victorian children's services must meet the requirements of:

Register of services

For the latest copy, see: 

Licensed children's services and approved associated children's services in Victoria - November 2017 (xlsx - 103.18kb)

For services that operate under national law, see: National Quality Framework

Training and qualifications

For a person to work as a staff member in a licensed children's service they must satisfy minimum training requirements:

A current list of approved qualifications for minimum trained staff members employed in licensed children's services can be found in the Victorian Government Gazette No. 69. See:

If your qualification does not appear in the Schedule you can apply to have your qualification assessed for equivalence. For more information, see: Assessment of Qualifications for Equivalence

Forms

Services that transitioned to the National Quality framework should access the relevant approval forms from Approval and Certificates instead.

Premises
Licensing

Applications for a licence to operate a Children's Service under the Victorian Children's Services Legislation:

Staffing
Complaints and incidents
Enrolment

Penalties if you do not comply

If you do not comply with the Act and Regulations, you may be prosecuted in court. If you are found guilty, you may have to pay a penalty up to the maximum penalty unit amount listed in the Act and Regulations. Penalty units change yearly, for more information see the fees section below.

To view the 2017-18 penalty amounts , see:

Fees

Fees change each year on 1 July. Fees in Victoria are listed in fee units.

Each year on 1 July, the amounts for fee and penalty units change. The Treasurer announces the new amount for fee and penalty units in April each year. For more information, see:

From 1 July 2017 to 30 June 2018:

  • a fee unit is $14.22
  • a penalty unit is $158.57

The Children's Services Act 1996 and the Children's Services Regulations 2009 list fees and penalties in units. To help convert from fee units to dollars, see:

Make sure you include the correct fee with your application, otherwise it may delay your application or it may be returned to you.

Resources

These fact sheets, guides and practice notes do not constitute legal advice. You should determine your own obligations under the legislation and, if necessary, seek legal advice to find out how the legislation may apply to your situation.

Fact sheets
Guides

Privacy Compliance Assistance Package is to assist licensed children’s services to comply with privacy legislation.

For more information, see:

The Victorian Early Years Learning and Development Framework is for all professionals who work with children from birth to eight years.

Practice notes

Practice notes are policy information sheets that are designed to assist children's services by setting out the Department's approach to the requirements of the Children's Services Act 1996 and the Children's Services Regulations 2009.

Behaviour guidance practice note series