Children's services regulated under State Law

Some early childhood services are regulated under the Victorian Children's Services Act 1996 rather than the National Quality Framework. Learn more about the Reform of the Children's Services Law and Regulations

The Act and Regulations were recently amended, and the information on this page has been updated to include these changes.

The services regulated under the Victorian Children's Services Act 1996 include:

  • limited hours services (where children attend for short period of time)
  • former Budget Based Funded services not funded for Child Care Subsidy
  • occasional care services
  • early childhood intervention services
  • mobile services
  • school holiday care programs that operate for up to 28 days a year.

Services providing education and care on a regular basis (family day care services, long day care services, outside school hours care services, preschools (kindergartens), and school holiday care programs that operate for 28 or more days a year) are regulated under a scheme known as the National Quality Framework, not under the state law.

Register of children's services

For the latest copy, refer to:

For services that operate under national law, visit National Quality Framework.

Requirements for children's services

Victorian children's services must meet the requirements of the Children's Services Act 1996 and the Children's Services Regulations 2020.

Training and qualifications for educators in children's services

For a person to work as an educator in a children's service they must satisfy minimum training requirements:

A current list of approved qualifications for educators employed in children's services can be found in the Victorian Government Gazette No. 69.

Refer to:

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

Forms

Completed  applications and notifications must be submitted by email to the Regulatory Authority at licensed.childrens.services@edumail.vic.gov.au for assessment and processing. 

Incomplete forms

Forms will not be processed unless:

  • all sections are complete
  • all supporting documents and colour copies of identification are supplied
  • prescribed fees are paid, where applicable.

Each form outlines the required information and documentation for the application or notification.

Providing false or misleading information to the Regulatory Authority is an offence under the Act.

For any changes or updates that relate to your provider approval
Other form(s) relating to your provider approval
For any changes or updates that relate to your service approval
Other forms, applications and notifications relating to your service approval

Fees and penalties

Fees

In line with the provisions of the Monetary Units Act 2004 all fees are expressed in fee units. Fees are automatically indexed each year on 1 July. The value of a fee unit each year is published by the Treasurer.

As the Children's Services Act 1996 and Children's Services Regulations 2020 do not express fees in dollars, the tables below convert the fee units to dollar amounts.

There is no GST payable on fees. The fees in this table are effective from 17 May 2020 to 30 June 2021.

Fee unit value for 1 July 2019 to 30 June 2021: $14.81

For more information, read: Indexation of fees and penalties

View the 2019-21 fees amounts below.

Penalties

In line with the provisions of the Monetary Units Act 2004 all penalties are expressed in penalty units. Penalties are automatically indexed each year on 1 July. The value of a penalty unit each year is published by the Treasurer. 

As the Children's Services Act 1996 and Children's Services Regulations 2020 do not express penalties in dollars, the tables below convert the penalty units to dollar amounts.

There is no GST payable on penalties. The penalties in these tables are effective from 17 May 2020 to 30 June 2021.

Penalty unit value from 1 July 2019 to 30 June 2021: $165.22

View the 2019-21 penalty amounts below.

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