Handling complaints and feedback policy

This policy outlines the requirements for Early Learning Victoria relating to handling complaints and feedback.

On this page

Early Learning Victoria welcomes feedback and complaints. We see these as a chance to learn, and to improve our education and care practices.

This policy helps children, families, staff and the community to feel confident about speaking up about any concerns or issues. It sets out how we handle complaints in a professional, timely and confidential way.

We put children’s safety, rights and best interests first in everything we do.

1. Scope

This policy applies to children, families, staff and management of Early Learning Victoria centres. This includes volunteers, students on placement and contractors or labour-hire employees of Early Learning Victoria.

This policy also applies to members of the public.

2. Policy statement

This policy sets out:

  • how we handle complaints and grievances at Early Learning Victoria centres
  • the steps for investigating complaints and grievances
  • how we record and monitor complaints and grievances to help us improve
  • how people can give us feedback or make a complaint.

Processes are clear, accessible and put the safety, rights and best interests of children first.

Note that this policy does not address complaints relating to staff grievances or employment matters. See instead: Guidelines for Managing Conduct and Unsatisfactory Performance in Early Learning Victoria Centres (the Guidelines).

2.1 Requirements

Early Learning Victoria must follow the Education and Care Services National Law Act 2010 (the National Law) and the Education and Care Services National Regulations 2011 (the Regulations).

Under the National Law and Regulations, Early Learning Victoria must make sure that all centres have clear, easy-to-read policies and procedures for handling complaints and grievances. These must be available at the centre at all times for anyone to read.

The name and phone number of the person responsible for receiving complaints or grievances must be clearly displayed at the main entrance of each centre. So, too, must the address and phone number of the Regulatory Authority to which complaints can also be made.

The Regulatory Authority must be notified in writing within 24 hours of any allegation of a serious incident at the centre, or that the National Law or Regulations have been breached.

  • Our compliance with these requirements is supported by:
  • National Quality Standards, quality area 6 (collaborative partnerships) and quality area 7 (governance and leadership). These are relevant to receiving and addressing complaints, grievances and feedback
  • Child Safe Standard 7 (this requires that processes for complaints and concerns are child-focused)
  • Early Learning Victoria policies on privacy and records management. These ensure that investigations and problem-solving are done in a confidential way. Written records are kept in line with the Privacy policy and Records management policy.

2.2 Background and information

This policy is child-focused. That means:

  • feedback at Early Learning Victoria centres is encouraged, including from children
  • we encourage staff, families and the community to speak up about any concerns, so that children are protected
  • processes for handling complaints are clear, easy to understand, culturally safe and focus on children and their safety
  • complaints and grievances are taken seriously. Responses are swift and thorough
  • those who raise concerns get timely feedback. This includes children, families, staff, volunteers and community members
  • if the complaint involves a child, we will consider the child’s age and stage of development in how we take action
  • the complaints process is flexible. It responds to the needs of children and families from diverse backgrounds and vulnerable groups. This includes addressing barriers they may face in making a complaint or taking part in the process
  • no one will be penalised or suffer any consequences for making a complaint
  • we see complaints and feedback as a chance to improve education and care practices
  • we also know that complaints and feedback can prevent a situation from getting worse
  • we will cooperate with authorities such as Victoria Police and the Regulatory Authority as needed
  • the policy is in line with Child Safe Standard 7: Processes for complaints and concerns are child-focused.

Notifiable complaints

Once a complaint is lodged, it is checked to see if it is ‘notifiable’.

The nominated supervisor must report any complaint to the Regulatory Authority if it alleges:

  • a serious incident has happened or is alleged to have happened at the service
  • the National Law or Regulations have been breached
  • the safety, health or wellbeing of a child is being, or has been, compromised
  • there is a reasonable belief that physical or sexual abuse of a child has happened or is happening at the service. This includes any allegation that a child has experienced physical or sexual abuse while being educated or cared for at the service.

Nominated supervisors must make these reports through NQA ITS within 24 hours. The report must include:

  • details of the incident or event
  • the name of the person who made the complaint
  • if appropriate, the name of the child concerned and the condition of the child, including a medical or incident report (where relevant)
  • contact details of the nominated supervisor
  • any other relevant information.

The area manager must be told immediately if a complaint is reported to the Regulatory Authority.

There may be times when a complaint is reported directly to the Regulatory Authority by a family or community member. (See Making a complaint to the Regulatory Authority.) In such cases, Early Learning Victoria will be notified of the complaint and will cooperate with any investigation by the Regulatory Authority.

Complaints involving reportable conduct or misconduct

The nominated supervisor or area manager must immediately report any complaints that include allegations of reportable conduct or misconduct to the Department of Education’s Conduct and Integrity Division (CID).

Nominated supervisors must notify CID as soon as possible after becoming aware of the allegation by an adult engaged at an Early Learning Victoria centre. This includes employees, contractors, volunteers (including parents), agency casual relief staff, labour-hire workers and students on placement.

The report must be made if the person who raises the concern has a reasonable belief that the conduct took place. This is regardless of whether the nominated supervisor has formed the same belief.

CID will fulfil Early Learning Victoria’s obligations under the Reportable Conduct Scheme by notifying the Social Services Regulator and the Victorian Institute of Teaching (as applicable).

The nominated supervisor must also report complaints involving allegations of reportable conduct or misconduct to the Regulatory Authority through NQA ITS within 24 hours.

See the Protecting children and mandatory reporting procedure for further information.

3. Actions and procedures

Early Learning Victoria welcomes feedback from families, children and the wider centre community to help us improve.

Feedback can be:

  • positive or negative
  • spoken or written
  • anonymous if needed.
  • Feedback can be offered by talking to centre staff or nominated supervisors. Or, it can be made through surveys or focus group chats organised by Early Learning Victoria, or by using a secure feedback/suggestion box if available at the Early Learning Victoria centre.

Anyone giving negative feedback will be asked if they would like to make a formal complaint. They will also be given this policy.

If a formal complaint is made, the complaints process will then be followed.

The nominated supervisor must ensure that all negative feedback is dealt with in the right way. This includes by giving the person a response in writing, if requested.

All feedback will be recorded in writing. This is in line with the Records management policy. It will be reviewed regularly and addressed through the centre’s Quality Improvement Plan.

Making a complaint

Anyone who interacts with Early Learning Victoria may make a complaint. A complaint can be:

  • made verbally (in formal or informal talks)
  • made in writing (letter or email)
  • made anonymously.

Complaints are best addressed in an environment where staff, families, children or others feel able to raise concerns.

If staff are unsure whether the matter needs to be documented as a complaint, they must discuss it with their manager.

When complaints are made, Early Learning Victoria will:

  • treat them seriously
  • seek to resolve them thoroughly, fairly and promptly
  • welcome them as opportunities to change or improve practices
  • record them in writing and include them on the complaints register
  • store them securely in line with the Records management policy.

When addressing complaints, everyone is expected to:

  • be considerate of each other’s views and respect each other’s role
  • be focused on resolving the problem
  • cooperate and act in good faith
  • respect the privacy and confidentiality of those involved
  • operate within and seek resolutions that follow any applicable legislation and Early Learning Victoria policy.

Complaints and feedback from children

Early Learning Victoria empowers children to raise concerns and complaints, and to give feedback. We take all that children offer seriously.

Each centre must involve children in creating a child-friendly complaints process. Each centre must also give children different ways to make complaints, such as verbally, through drawings, or through photographs.

Children who make a complaint must be supported throughout the process. This includes by being offered the option of a support person.

Centres must ensure that children are kept informed about the steps, results and actions in the process, in a way they can understand.

Opportunities to give feedback should be child-friendly – for example, encouraging children to have their say during the educational program.

Any issues raised should be considered and addressed through the centre’s Quality Improvement Plan.

Responding to disclosures by children

If a child makes a complaint that relates to abuse, Early Learning Victoria staff must:

  • listen carefully, calmly and supportively
  • reassure the child and tell them that what happened is not their fault
  • find out what the child needs to feel safe
  • let the child know what will happen next and that some information might need to be shared to keep them safe, but otherwise what they have shared will be kept private
  • ask open questions (e.g. ‘Is there anything else you’d like to tell me?’), not leading questions (e.g. a question that requires a ‘yes’ or ‘no’ answer)
  • write down what the child said in their own words, as soon as possible.

Responses to disclosures must follow mandatory reporting and reportable conduct obligations. For more information, see the Protecting children and mandatory reporting procedure.

Complaints from the public

Complaints can be made by a member of the public. That is, someone not directly associated with the Early Learning Victoria centre. The same process is used as the one described at the start of this section.

These complaints can be lodged directly with either the nominated supervisor of the relevant Early Learning Victoria centre, or with Early Learning Victoria central office.

Email elv@education.vic.gov.au or phone 03 9057 4444.

Making a complaint to the Regulatory Authority

Anyone can make a complaint directly to the Regulatory Authority at any time.

Phone 1300 307 415 or email vecra@education.vic.gov.au

An authorised officer from the local regional office will assess the complaint and take further action.

The Regulatory Authority will investigate complaints that allege that:

  • the safety, health or wellbeing of a child (or children) has been compromised while being educated and cared for by the approved education and care service
  • there have been any incidents of physical or sexual abuse of a child
  • the National Law or Regulations have been breached.

The Regulatory Authority does not investigate complaints about fees, employment disputes or other issues not regulated under legislation.

Resolving the complaint

By discussion

If possible, families and relevant staff members should try to resolve the complaint by discussing it straight away.

However, if it is notifiable or relates to a reportable conduct allegation, it must be reported.

If a separate meeting is needed, it should be arranged by the staff members involved.

Families and staff members should be aware that discussions in a public area of the centre may not be in the best interests of children and may breach a person’s privacy. Meetings should be held in a private space.

Informal resolution (such as through discussion) may be best if:

  • the complaint, based on the available information, seems to have arisen from a misunderstanding or miscommunication
  • the complaint relates to an issue with, or a gap in, service provision that can be easily fixed
  • the person making the complaint is willing to talk about it informally.

If a complaint is resolved by discussion:

  • it should be recorded in writing using Early Learning Victoria’s complaint form
  • the agreed outcome should be confirmed with the family at the end of the discussion, then shared in writing
  • a copy of the complaint should be given to the nominated supervisor and logged in the complaints register.

By formal meeting

If a complaint cannot be resolved by the family and the staff member concerned, the family can ask for a formal meeting with the nominated supervisor.

The nominated supervisor must contact the family within 24 hours of receiving the complaint.

Before the meeting, the nominated supervisor should:

  • make sure they understand the complaint in full
  • investigate the matters raised in a way that is fair and impartial (e.g. inviting everyone affected to provide information where appropriate, and reviewing practices and policies)
  • assess whether another person should also be at the meeting (e.g. another staff member or family member)
  • make sure they do not have a conflict of interest (if so, they will need to nominate someone else to conduct the meeting).

The formal meeting should take place as soon as possible. If the matter is resolved at the meeting, then the resolution and any action to be taken should be:

  • communicated to the family in writing
  • included in the complaints register and documented and stored in line with the Privacy policy and the Records management policy.

Escalating the complaint to area managers and Early Learning Victoria central office

Role of area managers

A complaint may still be unresolved after a formal meeting with the nominated supervisor.

In this case, the nominated supervisor will inform the area manager about the complaint.

Complaints may also be raised directly with the area manager at any time. This includes if the person making the complaint believes it has not been resolved in a satisfactory way, or if the complaint relates to the nominated supervisor.

The area manager will:

  • gather full details of all discussions, investigations and related material
  • contact the family and try to resolve the complaint
  • decide whether further investigation is needed
  • give the family a written explanation of this decision
  • record in writing the outcomes of discussions and send these to the family (including either the resolution agreed to or the action Early Learning Victoria will take)
  • file all records in the Early Learning Victoria central complaints register.
Role of Early Learning Victoria central office
  • Complaints can be made to Early Learning Victoria central office at any time. This includes when a complaint cannot be resolved by the nominated supervisor or area manager.
  • A complaint escalated to Early Learning Victoria central office will be dealt with by the Director, Early Learning. They will:
  • review all relevant information from the person making the complaint, the nominated supervisor and the area manager
  • seek legal advice (as applicable)
  • contact the family and try to resolve the complaint
  • decide whether further investigation is needed
  • give the family a written explanation of this decision
  • record in writing the outcomes of discussions and send these to the family (including either the resolution agreed to or the action Early Learning Victoria will take)
  • file all records in the Early Learning Victoria central complaints register
  • raise the complaint with the Early Learning Victoria CEO if a resolution cannot be reached.

Nominated supervisors and area managers may take a complaint to Early Learning Victoria central office for various reasons. These include:

  • receiving multiple complaints from the same person, indicating a pattern
  • if complaints have been made in bad faith to harass, annoy, cause distress or create a toxic environment
  • challenging or unreasonable behaviour by the complainant
  • if someone from the general public has made a complaint relating to issues beyond their control (e.g. traffic or parking issues, or lighting or noise at the centre).

Managing complaints about child behaviour

  • A complaint may be made that alleges a child is causing harm to another child or children, including showing concerning sexualised behaviours.
  • In such cases, management of the complaint will be child-focused, culturally safe and comply with privacy laws and reporting obligations under the National Law and Regulations.
  • Sexual behaviours displayed by children that fall outside what may be expected (developmentally, socially and culturally) may cause harm to those children or to others.
  • If Early Learning Victoria staff receive a complaint alleging that a child is exhibiting behaviours, including sexual behaviours, that may be harmful to the child or another child, or may cause concern, they must:
  • listen carefully, allowing the child, family member, or other person to describe the incident
  • acknowledge their concern and reassure them that what they have raised will be taken seriously
  • not stigmatise, embarrass, label or isolate the child
  • inform the nominated supervisor as soon as possible.

The nominated supervisor must:

  • notify the Regulatory Authority within 24 hours of any complaint alleging a serious incident has happened while a child is educated and cared for, or that alleges the National Law or Regulation have been breached, via the NQA ITS
  • contact Victoria Police and emergency services for immediate help if needed
  • discuss and agree with staff how the centre will respond to harm caused to children by other children
  • make sure the child is given support to address any issues contributing to their behaviour (e.g. discussing their behaviour with their family or offering referrals to other professionals)
  • document the complaint or concern while maintaining confidentiality and privacy, in line with the Privacy policy.
  • See the Traffic Lights quick reference guide to identifying, understanding and responding to sexual behaviours in children and young people.

Standards for handling complaints

Managing risks to children

Once a complaint is raised and an investigation is underway, the nominated supervisor must:

  • conduct a risk assessment to understand any risks to children
  • respond to any risks
  • make sure staff know about the risk/s and the immediate actions to reduce or remove these
  • always maintain the confidentiality of the family.

Timeframes and communication

Nominated supervisors must ensure that:

  • unless a written complaint can be resolved immediately, families receive a written acknowledgement of their complaint within 2 business days of it being received
  • while complaints are being investigated within Early Learning Victoria, families receive a written update on progress no less than every week
  • families receive written confirmation of the agreed outcome of a complaint within one working day of it being resolved.

Investigations

Nominated supervisors, area managers and Early Learning Victoria central office staff may conduct an investigation or support one led by an external investigator.

Investigations led or supported by Early Learning Victoria must:

  • protect the rights of children and families throughout the investigation process
  • consider how best to involve a child in the investigation, where required (e.g. by having a trusted person liaise with the child throughout the process; by conducting an interview to get their version of events; or by identifying their support needs)
  • be well planned (e.g. considering the purpose, scope, priorities, lines of inquiry, key evidence needed, who will conduct the investigation, and any actions needed)
  • record this planning in writing
  • be proportionate (equal) to the seriousness of the complaint (e.g. in line with the potential risk of harm and the consequences for the subject of the complaint)
  • be fair and thorough
  • have findings and recommendations supported by the available evidence and written in the complaint investigation report.

The results of an investigation must be shared with all relevant parties, taking into account privacy and confidentiality obligations. The person's circumstances must also be considered (e.g. children may need support to understand the information).

Following an investigation, Early Learning Victoria must also decide what action is needed as a result (e.g. disciplinary action, training or support, changes to policies, procedures or practices, or reporting to external bodies).

Possible outcomes

Outcomes must be in the best interests of the child and fair to everyone involved.

Those handling a complaint should always explain the possible outcomes to the person making it.

All outcomes and decisions must be clearly explained and recorded in writing. They must be shared with the relevant people and added to the complaints register.

While every complaint is different, decisions and outcomes should be as consistent as possible.

Outcomes of complaints may include one or more of the following:

  • acknowledgement – of how the situation or conduct has affected the complainant and what they can expect in future
  • apology – for what happened
  • explanation – of what happened or any information needed to address the concerns or complaint
  • action – steps taken or agreements on actions
  • improved policies and processes – changes to prevent similar problems from happening again
  • management action – providing the subject of the complaint with advice, training, mentoring or closer supervision
  • child protection action – mandatory child protection or reportable conduct report
  • disciplinary action – against the subject of the complaint, such as suspension and/or dismissal
  • criminal action – referral to Victoria Police for criminal conduct
  • counselling or other support – offered to the family, child/ren affected.

Right of appeal

  • If either the person making the complaint or the subject of the complaint is not satisfied with the outcome or the process, they may take the matter further within Early Learning Victoria.
  • This may involve internal referral to an area manager or an Early Learning Victoria central office staff member who was not involved in the original handling of the complaint.

Anyone unhappy with the outcome of a complaints process can contact the Victorian Ombudsman. Complete the online form at ombudsman.vic.gov.au or call (03) 9613 6222 or 1800 806 314 in regional areas. You may also contact Fair Work Australia for further help or advice.

Record of complaints

  • Each Early Learning Victoria centre maintains a complaints register. The nominated supervisor is responsible for ensuring this is kept accurate and up to date.
  • A full record must be maintained for each complaint. This should include investigations, meetings, discussions, outcomes, actions and any other relevant information.
  • Complaints must be tracked and assessed to see if there are any recurring issues. Relevant matters should be addressed through the centre’s Quality Improvement Plan.
  • Early Learning Victoria central office also maintains a complaints register in line with these requirements.
  • All records must be stored in line with the Privacy policy and the Records management policy.

Confidentiality

As far as possible, all complaints must be treated as confidential. So, too, the identity of the person or people making them.

A complaint may be discussed with staff members involved, or other people involved. However, it must not be discussed with any third parties without the permission of the person making the complaint.

Confidentiality does not prevent Early Learning Victoria reporting matters arising out of a complaint to the Regulatory Authority, CID or other agencies if it is required by law or is in the best interests of a child or children to do so.

Grievances

A grievance is a formal statement of complaint that cannot be addressed immediately. It involves matters of a more serious nature.

If a grievance is received at an Early Learning Victoria centre, the nominated supervisor must immediately take the matter to the area manager and Early Learning Victoria central office to consider and address it.

The Early Learning Victoria grievance process includes:

  • meeting with the aggrieved person as necessary throughout the process, to clarify the facts
  • deciding whether advice is needed from other sources
  • formulating a plan of action, which may include an investigation
  • reporting the outcome back to the person within a week of the decision
  • external mediation as required
  • recording all information about the grievance in the complaints register
  • ensuring privacy and confidentiality requirements are met.

A grievance is resolved when:

  • everyone involved agrees to a solution
  • the cause of the grievance has been removed or resolved
  • strategies agreed upon by both parties are put in place to help avoid further conflict.

3.1 Responsibilities of families

When making a complaint, all families must:

  • treat Early Learning Victoria staff with respect
  • raise any concerns, frustrations or feedback in a respectful way
  • respect the rights of all children and staff
  • not use rude, aggressive, threatening, bullying or violent behaviour
  • follow the Code of conduct for families.

Families must also:

  • raise any concerns or complaints with relevant staff when they come up (avoiding, if possible, a formal complaint)
  • provide information as requested by Early Learning Victoria relating to the complaint, and cooperate with reasonable requests to meet in relation to the complaint
  • advise Early Learning Victoria as soon as possible if they wish to include a support person, advocate or other representative in a meeting to discuss a complaint
  • cooperate with Early Learning Victoria and the Regulatory Authority in any investigations of complaints about Early Learning Victoria centres, programs or staff
  • notify Early Learning Victoria if the complaint is a notifiable complaint (see ‘Notifiable complaints’ on p. 2)
  • follow the Code of conduct for families
  • stay informed, including checking the National Law and Regulations, centre policies and procedures.

Interpreting services are available to families. Call the National Translating and Interpreting Services on 131 450.

Complaints about the administration of the Child Care Subsidy

Families who want to raise concerns about the management of accounts and the Child Care Subsidy should first speak with the nominated supervisor.

Families can raise concerns about management of the Child Care Subsidy to the Australian Government Department of Education by completing a tip-off from.

Privacy complaints

Families who want to make a complaint about how Early Learning Victoria has handled their information, or their child’s information, can use the Department of Education’s complaint form.

Visit vic.gov.au/department-of-education-complaints

4. Resources

Legislation and standards

Relevant legislation and standards include:

  • Charter of Human Rights and Responsibilities Act 2006
  • Children, Youth and Families Act 2005
  • Education and Care Services National Law Act 2010
  • Education and Care Services National Regulations 2011
  • Equal Opportunity Act 2010
  • Information Privacy Act 2000
  • National Quality Standard, Quality Area 7: Governance and leadership
  • Privacy Act 1988
  • Privacy and Data Protection Act 2014
  • Child safety code of conduct
  • Child safety and wellbeing policy
  • Code of conduct for families
  • Incident, injury, trauma and illness policy
  • Positive relationships, interactions and behaviour support policy
  • Privacy policy
  • Protecting children policy
  • Protecting children and mandatory reporting procedure
  • Staff code of conduct
  • Records management policy
  • Guidelines for managing conduct and unsatisfactory performance in Early Learning Victoria centres.

Definitions

Allegation: An assertion that something has happened. This can range from something minor (e.g. that a staff member was rude) to something much more serious (e.g. that a child is being abused by a staff member).

Complaint: Expression of dissatisfaction made to or about an organisation. It can be related to its products, services, staff or the handling of a complaint. A response or resolution is explicitly or implicitly expected to be legally required.

Complaints register: In relation to this policy, this records information about complaints received at a centre and the outcomes. This register must be kept in a secure file, accessible only to educators and responsible persons at the service. The register can provide valuable information to Early Learning Victoria, as the approved provider, on how best to meet the needs of children and families at the centre.

Feedback: This can take many forms, including oral or written, informal or formal, or positive or negative. Feedback gives people useful information about their performance or work, and/or is given in response to an action, event or process. The overall aim is to help with improvements.

Grievance: A formal statement of complaint that cannot be addressed immediately. It involves matters of a more serious nature.

Investigation: A formal and systematic inquiry to establish facts about a complaint. This is done by collecting, documenting, examining and evaluating evidence. An investigation is not an endpoint. Throughout an investigation, the investigator should keep an open mind about the possible outcomes. These could include education, compliance action or a decision not to pursue the matter further.

Mandatory reporting: The legal obligation of certain professionals and community members to report when they believe, on reasonable grounds, that a child needs protection from harm.

A broad range of professional groups are identified in the Children, Youth and Families Act 2005 as ‘mandatory reporters’. From 30 September 2015, this list includes VIT-registered early childhood teachers.

Mandated reporters must make a report to Victoria Police and/or Child Protection as soon as practicable if, during acting out their professional roles and responsibilities, they form a reasonable belief (explained later in this definitions list) that:

  • a child has suffered, or is likely to suffer, significant harm as a result of physical and/or sexual abuse and
  • the child’s parents/guardians have not protected, or are unlikely to protect, the child from harm of that type.

Mandatory reporters must also follow processes for responding to incidents, disclosures or suspicions of child abuse to fulfil all their legal obligations.

Reasonable belief: A person may form a belief on reasonable grounds that a child or young person needs protection after becoming aware that the child or young person’s safety, health or wellbeing is at risk and the child’s parents or guardians are unwilling or unable to protect them.

There may be reasonable grounds for forming such a belief if:

  • a child or young person states that they have been physically or sexually abused
  • a child or young person states that they know someone who has been physically or sexually abused (sometimes the child may be referring to themselves)
  • someone who knows the child or young person states that the child or young person has been physically or sexually abused
  • a child shows signs of being physically or sexually abused
  • the person is aware of persistent family violence or parental substance misuse, psychiatric illness or intellectual disability, or other factors that are impacting the child or young person’s safety, stability or development
  • the person observes signs or indicators of abuse, including non-accidental or unexplained injury, persistent neglect, poor care or lack of appropriate supervision
  • a child’s or young person’s actions or behaviour may place them at risk of significant harm and the parents or guardians are unwilling or unable to protect the child.

Regulatory Authority: The Regulatory Authority is established by the National Law. It regulates providers of early childhood education and care services to ensure they protect children’s safety, health and wellbeing and comply with the Child Safe Standards. From 1 January 2026, the Regulatory Authority for early childhood services in Victoria is the Victorian Early Childhood Regulatory Authority (VECRA) under regulatory schemes outlined on its website. VECRA is also the integrated sector regulator of the Child Safe Standards for all early childhood services in Victoria.

Reportable Conduct Scheme: The Reportable Conduct Scheme is provided for in the Child Wellbeing and Safety Act 2005. This outlines worker and volunteer conduct and how organisations investigate and respond to allegations of child abuse.

The scheme aims to improve how organisations respond to allegations of child abuse and to help identify people who pose a risk of harm to children. The scheme applies to all employees, contractors or volunteers engaged by an Early Learning Victoria centre.

There is an allegation of Reportable Conduct under the scheme where a person has a reasonable belief that there has been:

  • a sexual offence committed against, with or in the presence of a child
  • sexual misconduct committed against, with or in the presence of a child
  • physical violence committed against, with or in the presence of a child
  • behaviour causing significant emotional or psychological harm to a child
  • significant neglect of a child.

Serious incident: For the purposes of the definition of ‘serious incident’ in section 5(1) of the National Law, each of the following is prescribed as a serious incident:

  1. the death of a child:
    1. while that child is being educated and cared for by an education and care service, or
      1. following an incident occurring while that child was being educated and cared for by an education and care service
  2. any incident involving serious injury (such as a broken limb) or trauma to a child occurring while that child is being educated and cared for by an education and care service:
    1. which a reasonable person would consider required urgent medical attention from a registered medical practitioner, or
      1. for which the child attended, or ought reasonably to have attended, a hospital
  3. any incident involving serious illness of a child occurring while that child is being educated and cared for by an education and care service for which the child attended, or ought reasonably to have attended, a hospital (for instance, for a severe asthma attack, seizure or anaphylaxis reaction)
  4. any emergency which emergency services attended

  5. any circumstance where a child being educated and cared for by an education and care service:

    1. appears to be missing or cannot be accounted for, or
      1. appears to have been taken or removed from the education and care service premises in a manner that contravenes these Regulations, or
      2. is mistakenly locked in or locked out of the education and care service premises or any part of the premises.

    5. Authorisations and review

This policy is the responsibility of Early Learning Victoria. Contact: ELV@education.vic.gov.au

It was approved by the CEO, Early Learning Victoria on 25 March 2026.

Early Learning Victoria regularly reviews its policies and procedures. This policy is due for review on 25 March 2028 unless changes in legislation or Department of Education policy require it to be reviewed sooner.

Reviewed by Director, Strategy and Planning, Early Learning Victoria; Director, Quality, Early Learning Victoria; and Director, Early Learning, Early Learning Victoria.

Education & training

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