- Published:
- Tuesday 28 April 2026 at 3:10 pm
YMCA Ballarat has been fined $8,000 and ordered to pay costs after pleading guilty to multiple criminal charges for failing to adequately supervise children at their Birchip early learning centre in November 2023.
Supervision is fundamental to ensuring children are safe at all times.
The Victorian Early Childhood Regulatory Authority (VECRA) charged the service in relation to an incident where two unsupervised children were able to exit the service and were unaccounted for an extended period of time, until found by a member of the community on a busy main road.
The children, both aged 4, were able to exit the service unnoticed after they had propped ladders against the centre’s fence, which they then used to climb over it. The educators did not notice the children leave the service.
They were subsequently found by chance when a teacher from a neighbouring school, who was on their way to a local bakery, saw them wandering the local area unsupervised about 1km from the service.
When found by the local teacher at around 12.55 pm, the young children were on a busy main road with heavy vehicles and cars driving past. At the time they were discovered they were attempting to cross one of the side roads. The service was then notified and the children were taken back there.
The charges were also brought against YMCA Ballarat on the basis that the availability to children of freestanding children’s ladders, and the lack of supervision at the service, represented a failure to take all reasonable steps to protect children from harm and hazards likely to cause injury.
YMCA Ballarat pleaded guilty to a total of 3 charges under the Education and Care Services National Law (the National Law):
- Charge 1: Section 165 (1) – Offence to inadequately supervise children
- Charge 2: Section 167 (1) – Offence relating to protection of children from harm and hazards
- Charge 3: Regulation 170 (1) – Offence to take reasonable steps to ensure nominated supervisors, staff, and volunteers follow policies and procedures.
YMCA Ballarat pleaded guilty to all three offences and was ordered to pay a fine of $8,000 and ordered to pay a contribution to VECRA’s legal costs.
As at 2 January 2026, the maximum penalties for offences under s 165(1) and 167(1) of the National Law were increased to $34,200 in the case of an individual, $516,600 in the case of a large provider and $172,200 in any other case. The penalty for non-compliance under s 170 has increased to $3,300. As this incident occurred in 2023, the previous penalty range applied.
Quotes attributable to Adam Fennessy PSM, Interim Early Childhood Regulator:
“This successful prosecution against YMCA Ballarat serves as a timely reminder for all services about the importance of supervision of children at all times.”
"To create environments that are safe and responsive to the needs of all children, adequate supervision is vital.”
“The outcomes for the two young children could have been catastrophic and it was lucky that they were found unharmed by a member of the public.”
“Proactive and well-planned supervision by trained staff is critical for children's safety and protection from harm or hazards. This requires vigilance, good service design, appropriate rostering decisions and good communication between staff.”
“Supervision is everyone's responsibility – it is an offence for an approved provider, nominated supervisor or family day care educator to fail to provide it.”
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.
The Education and Care Services National Law and National Regulations require approved providers to ensure that all children being educated and cared for at an approved service are adequately supervised at all times and are protected from harm and hazards. The importance of actively supervising children to promote children’s health, safety and learning is reflected in Quality Area 2 of the National Quality Standard (NQS). Approved providers are required to ensure that they promote children’s learning and development by creating physical and social environments that have a positive impact.
It is necessary for educators to be alert and aware of risks and hazards and the potential for accidents and injury, not only in their immediate location but also throughout the service. To provide effective supervision, educators need to be conscious of the physical environment and be attuned to the needs of individual children. More information about the active supervision requirements is available on the ACECQA website.
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
Updated