Criminal charges against Vi and Nhat Pty Ltd for allegedly putting children’s safety at risk

The Victorian Early Childhood Regulatory Authority (VECRA) has charged Ms Huong Vi Thi Tran, Mr Nhat Minh Ta and their company, former approved provider Vi and Nhat Pty Ltd, in relation to multiple serious alleged breaches at the now closed Smart Children Early Learning Centre in Springvale.

VECRA has charged them with a total of 9 offences in relation to serious allegations including providing education and care to children in breach of a prohibition notice, providing education and care at Smart Children Early Learning Centre without service approval and placing children at risk of harm through inadequate supervision and exposure to hazards.

The charges against Ms Tran and Mr Ta include allegedly obstructing Authorised Officers from entering the premises of Smart Children Early Learning Centre to inspect the service and monitor compliance.

The charges against Ms Tran relate to multiple alleged offences under the Education and Care Services National Law (the National Law):

• section 165(1) – failure to ensure adequate supervision
• section 167 (1) – failure to take reasonable precautions to protect children from harm and hazards
• section 187 (1) – providing education and care to children while a prohibition notice was in force
• section 207 – obstructing Authorised Officers from exercising their powers.

The charge against Mr Ta relates the following alleged offence under the National Law:

• section 207 – obstructing Authorised Officers from exercising their powers.

The charges against the former approved provider Vi and Nhat Pty Ltd relate to multiple alleged offences under National Law:

• section 103 (1) – providing education and care at Smart Children Early Learning Centre without service approval
• section 165(1) – failure to ensure adequate supervision
• section 167 (1) – failure to take reasonable precautions to protect children from harm and hazards
• section 173 (2)(a) – failure to notify the Regulatory Authority that Huong Vi Thi Tran was issued with an Interim Working with Children Check Exclusion. If found proven, these offences carry a potential aggregate penalty of $316,500 under the National Law comprising:
• the charges against Huong Vi Thi Tran carry a maximum aggregate penalty of $54,800;
• the charges against Nhat Minh Ta carry a maximum aggregate penalty of $9,100;
• the charges against Vi and Nhat Pty Ltd carry a maximum aggregate penalty of $252,600.

The Smart Children Early Learning Centre is no longer operational and its approval to operate was cancelled by the Regulatory Authority on 2 December 2024.

As criminal proceedings are ongoing, VECRA is unable to provide further details about the allegations or comment further until proceedings are concluded.

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

“The alleged behaviour of Ms Tran and Mr Ta and the approved provider was completely unacceptable – we won’t hesitate to take action against services that put children at risk.”

“These are serious charges and suggest an alleged complete disregard for the health, wellbeing and safety of children.”

“Not only did they allegedly put children at risk at their service, but they also allegedly obstructed our Authorised Officers from being able to do their lawful job to ensure the safety of children.”

“Families have the right to expect that their children will only be cared for by people who are suitable to work in the sector, at a service with full approval. Smart Children had neither.”

“As these matters are now before the court, we are unable to comment further.”

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