Services reminded of safety requirements for the transportation of children

The Victorian Early Childhood Regulatory Authority (VECRA) reminds services that whenever children are transported, critical safety measures must be in place. This warning comes in the wake of VECRA conducting an unannounced visit at Happy Childcare and Early Learning Centre in Melton South.

While children can be transported by or on transport arranged by early childhood services, providers, supervisors and educators must take specific steps to ensure the safety of children. This includes:

• The service must have policies and procedures in place for the transportation of children, which include the requirements for risk assessments and the need for written authorisations
• Risk assessments that assess the risks to the health, safety and wellbeing of the child and how risks will be minimised including addressing the means of transport, the process for entering and exiting services, how children will be accounted for when embarking and disembarking vehicles
• Written authorisations from the parent or carer for children to be transported
• Where it is an excursion, any risk assessment should also consider seat belts and constraints in addition to the normal risk assessments for regular transportation.

Where transportation is provided or arranged by an early childhood service, children are considered under the care of the service during the entire period that the child is in the vehicle. This means that the service continues to have a duty of care for the health, wellbeing and safety of the child.

This reminder comes as VECRA issued an Emergency Action Notice on VJ Services Australia PTY. LTD. ATF Joshi Family Trust, the approved provider who operates the Happy Childcare and Early Learning Centre in Melton South.

The Emergency Action Notice was issued due to the approved provider operating the service in a manner that poses, or is likely to pose, an immediate risk to the safety, health and wellbeing of a child or children being educated and cared for by the service.

During an unannounced visit to the service on 20 February 2026, VECRA’s Authorised Officers identified serious breaches of the following requirements of the National Law and National Regulations around the safe transportation of children:

Regulation 102D – Authorisation for service to transport children

• During the compliance visit it was discovered that a child in attendance at the service was to be transported to school in an educator’s vehicle without written authorisation.

Regulation 170 – Policies and procedures to be followed

• The Approved Provider failed to take reasonable steps to ensure the nominated supervisor and staff members followed the safe transportation policy and ensure that risk assessments were undertaken and all written authorisations were sought prior to children being transported.

Section 167 – Offence relating to protection of children from harm and hazards

• A child was to be transported in an educator’s vehicle without written authorisation and risk assessments undertaken.

The Emergency Action Notice requires that the service not transport children attending the service until evidence is submitted to VECRA that all risk assessments and authorisations required under National Law and Regulations are in place.

Evidence of the risk assessments and authorisations for the transportation of children by the Approved Provider is to be submitted to VECRA within 14 days of the date of this notice.

VECRA also requires that staff employed at the service undertake training to ensure they are aware of and understand the service’s safe transportation policy. Evidence of the completion of this training must be provided to VECRA.

VECRA will be actively monitoring VJ Services Australia’s compliance with this notice, including the consideration of further action against the provider given the seriousness of the breaches.

The provider’s failure to comply with this notice may lead to prosecution. A maximum penalty of $20,400 in the case of an individual, or $103,200 in any other case, may apply if this notice is not complied with.

For more information on the safe transportation of children, please visit the ACECQA website: https://www.acecqa.gov.au/qa2-information-sheet-safe-transportation-children.

Quotes attributable to Adam Fennessy PSM, Interim Early Childhood Regulator:

“It’s critical that where early childhood services are transporting children either on an excursion or more regularly that it’s done safely under the law with full risk assessments and authorisations undertaken.”

“This service put the wellbeing and safety of children at risk due to a failure to follow requirements that are designed to ensure the safe transportation of children by early childhood services."

“VECRA won’t hesitate to take strong action against services that put children’s safety at risk and this includes banning them from transporting children where the safety of children is put at risk.”

Further background

On 1 January 2026, the Victorian Early Childhood Regulatory Authority (VECRA) commenced operations as Victoria's new independent early childhood regulator.

A key recommendation from the 2025 Rapid Child Safety Review, the new independent regulator oversees safety, quality, and compliance in early childhood services across Victoria.

Media contact: vecra.media@education.vic.gov.au