Overview

In Victoria, the early childhood education and care sector is regulated by two regimes - National and Victorian. They are similar, but not consistent.

Most early childhood education and care services are regulated under the National Quality Framework (NQF), with a small number of services operating under the Victorian children’s services legislation.

The distinguishing feature of children's services is that most children attend for short periods of time - no more than five hours a day and up to 15 hours per week - on an occasional basis.

The Victorian Government is progressing children's services law reform by aligning (where appropriate) the Victorian children’s services legislation with the NQF.

The proposed Children's Services Regulations 2020 aim to complete the alignment by simplifying arrangements for service providers and to ensure more consistent minimum standards across the two regimes.

The supporting Regulatory Impact Statement (RIS) outlines the:

  • regulatory options and preferred option for regulation
  • requirements for meeting the new regulations
  • estimated costs associated with the preferred option.

The proposed regulations will not result in children's services being assessed and rated against the National Quality Standard.

There are three options identified in relation to the proposed regulations:

  • Option 1 (Base Case) - No regulations for Children’s Services
  • Option 2 (Status Quo) - No change to current Children’s Services Regulations
  • Option 3 (Preferred) - Regulations aligned with the NQF (where appropriate)

The preferred option is Option 3, which is the subject of this consultation.

The proposed regulations will affect the following people and services:

  • Children attending a children's service and their families
  • Current licensees and proprietors of children’s services, including Local Government, community and not-for-profit organisations
  • Operators of sport and leisure facilities that provide occasional care services adjunct to their main business function
  • Approved providers under the NQF who operate Approved Associated Children’s Services (AACS)
  • Prospective providers of children’s services
  • Qualified educators, other staff and volunteers
  • People undertaking studies with a view to entering the sector
  • Sector peak bodies
  • Employee and employer representative bodies.

For services prescribed under the proposed regulations, there will be key operational requirements and estimated costs associated with meeting any new or amended requirements. For information about the analysis of operational requirements and estimated costs, please review the Executive Summary (pg. 7-11), Preferred Option (pg. 103-111) and Appendix 10.1 Comparison Table of current and proposed regulations (pg. 119-127) in the RIS.

All costs to providers of children’s services are calculated on the basis of the time it will take staff to perform specific tasks, and do not reflect cash liability for any provider of children’s services.

The regulatory authority will assist services to implement any new or amended requirements under the proposed regulations, by providing updated information and guidance material.

The Secretary of the Department of Education and Training (Department) is the regulatory authority for education and care services and children's services operating in Victoria across both the NQF and Victorian regimes.

The functions and powers of the regulatory authority are largely delegated to the Quality Assessment and Regulation Division (QARD) of the Department to administer and enforce the regulatory regimes.

Tell us what you think

Your views on the proposed regulations and the options presented in the Regulatory Impact Statement (RIS) will inform the final Children's Services Regulations 2020

Online Survey

Section one: Submitter details

Your email address will be used to confirm receipt of your survey responses

Stakeholder type

Select all that apply

Section two: Questions about the Regulatory Impact Statement

The Regulatory Impact Statement considers the operational and financial impacts of the proposed Children's Services Regulations 2020.

Refer to Executive Summary (pg. 7-11) and Appendix 10.1 (pg. 119-127) of the RIS.

Refer to Executive Summary (pg. 7-11) and Appendix 10.1 (pg. 119-127) of the RIS.

Section three: Questions about proposed Regulations

The proposed Regulations prescribe a range of operational changes to better align (where appropriate) the Children's Services regulatory regime with the National Quality Framework

Do you support the reduction of seven (7) licence types to two (2) service approval types? Required

Refer to pg. 33, 56 & 92 of the RIS

Do you support the requirement for outdoor space for new Occasional Care services? Required

Refer to pg. 39, 64 & 97 of the RIS

Do you support the alignment of staffing requirements with the NQF? Required

Refer to pg. 34, 57 & 93 of the RIS

Are estimated time assumptions for tasks such as record-keeping and the development of additional policies and procedures, reasonable or accurate? Required

Refer to pg. 67 & 99 of the RIS

Do you support the proposed fee structure? Required

Refer to pg. 70 & 101 of the RIS

Do you support the savings provisions for existing services? Required

Refer to Appendix 10.1 (pg. 119-127) of the RIS

Do you think the transitional arrangements are reasonable? Required

Refer to pg. 116 & Appendix 10.1 (pg. 119-127) of the RIS

If the preferred option is adopted, would your workforce or organisation need support to meet the proposed requirements? Required
Do you consent to your survey responses being published in full or in part? Required

Please refer to the Collection Notice

Submit a written response

Your email address will be used to confirm receipt of your submission

Upload a word or pdf file of your comments about the RIS and proposed Children's Services Regulations 2020

Do you consent to your submission being published in full or in part? Required

Please refer to the Collection Notice

Register for a session

Click the location to register.

Please arrive at least 15 minutes prior to the event start time (have photo ID with you) to allow for possible security screening.

Face-to-face consultation sessions

Monday 24 February 2020
Wednesday 26 February 2020
Thursday 27 February 2020
Friday 28 February 2020
Monday 2 March 2020