Victorian Children’s Services
Publication of information
Fact Sheet | September 2010
Publishing information about Victoria’s early childhood services
From 25 May 2009, certain non-compliance information about children’s services that seriously contravene the Children’s
Services Act 1996 (Act) and the Children’s Services Regulations 2009 (Regulations) may be published on the
Department of Education and Training (the Department) internet site.
Which children’s services does this apply to?
The online publication of information will apply to long day care, kindergarten and limited hours services (such as
occasional care), and family day care and outside school hours care services.
What are the compliance and enforcement powers under the Children’s Services Act 1996?
The Act provides for the monitoring, licensing and regulation of children’s services in Victoria, including long day care,
kindergarten, limited hours services, and family day care and outside school hours care services. Children’s services are
monitored by the Department to ensure that licensees comply with the requirements of the Act. W here a licensee fails to
meet their legislative obligations there are a range of statutory actions that may be taken by the Department.
What information will be published on the website?
The internet site will provide details of services that have had serious non-compliance resulting in one or more of the
following statutory actions by the Department:
• Refusing to renew a licence
• Varying a licence
• Issuing a notice to enforce
• Suspension of a licence
• Notice to take emergency action
• Removing children in an emergency
• Cancelling a licence
• Prosecution.
Information that will be published includes:
• The name of the licensee
• The name and address of the children’s service (except in the case of family day care where only the name and
address of the family day care service will be published)
• Details about the statutory action (for example if a licence has been varied, suspended or cancelled, or if a service has
been prosecuted), and the date the action was taken
• The reason why the statutory action was taken (for instance, the section of the Act or regulations that were breached)
• Information about whether the licensee has taken action to address the non-compliance.
No information about a child or individual (other than the licensee of a children’s service) will be published to ensure the
privacy and safety of these persons.
Publication of information
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How will information be published on the internet site?
Below is an example of the web page on the Department’s internet site and the type of information it will contain:
Licensee
Service
Nature of breach
Date action
imposed
Statutory action
Current status
When will information be published?
A licensee facing publication of information has the opportunity to have the proposal to publish reviewed prior to
publication. A licensee can request a review, in writing to the Secretary of the Department, within 30 days after the day
on which the licensee is notified of the proposal to publish. The licensee can put forward any reason for seeking internal
review and this will be considered by the Department.
The internal review will be conducted by a delegate of the Department’s Secretary. This person is a senior executive
officer within the Department. In conducting an internal review the delegate will consider the submission put forward by
the licensee and may request further information to assist in making a decision. The internal review will be completed
within 30 days of receiving the written request for internal review from a licensee.
The Department will notify the licensee of the internal review decision in writing. If a licensee is dissatisfied with the
outcome of the internal review, he/she may seek judicial review in the Supreme Court.
Will information still be published if a licensee has remedied the non-compliance?
The web page on the Department’s internet site makes provision for any action taken by licensees to remedy the noncompliance to be included. This information will be regularly updated so that parents and services are informed about
the outcomes and progress of action taken by licensees.
How long will the information remain on the internet site?
A licensee may apply to the Department for an internal review requesting the removal of information from the internet site
if circumstances have demonstrably changed.
A decision to remove information will be determined on its own merits and based on the submission put forward by the
licensee.
How will the information be made available to parents who don’t have access to the internet?
Parents who do not have access to the internet are able to request a copy of the non-compliance information by
contacting Licensed Children’s Services on 1300 307 415.
Further information
The Department of Education and Training is the Regulatory Authority in Victoria.
Phone: 1300 307 415
Email: licensed.childrens.services@edumail.vic.gov.au
Web: www.education.vic.gov.au/childhood/providers/regulation
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