Children's services regulated under State Law

​Guidance for early childhood services regulated under state law. Includes training and qualifications, forms, fees and penalties and practice notes.

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:

A review of the Children’s Services Regulations is underway before they expire in 2019. The review will provide an opportunity to simplify requirements, reduce red tape and better align the State laws with the National Quality Framework. 

Stakeholders will be invited to provide feedback during the review process in late 2018/early 2019.
If you have any suggestions in the meantime please email cs.law.reform@edumail.vic.gov.au​.

Register of services

For the latest copy, see Victorian Children's Services Act Register (xlsx - 102.91kb).

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.

Premises
Licensing

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

Staffing
Complaints and incidents
Enrolment

Fees and penalties

Licensing fees and penalties are prescribed in units under the Children’s Services Act 1996 and Children's Services Regulations 2009 and are updated each year from 1 July.

The Treasurer announces the new amount for fee and penalty units in April of 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

From 1 July 2018 to 30 June 2019:

  • a fee unit is $14.45
  • a penalty unit is $161.19

To view the 2018-19 fee amounts, see:​

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

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.

To view the 2018-19 penalty amounts, see:

​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