Which early childhood services are regulated

A service that principally provides instruction in a particular activity does not need to be approved by us. Examples include but are not limited to sport training, dance classes, music lessons, language or religious classes.

Providing education and care on a regular basis, in a language other than English such as an language immersion program, requires approval by us.

(National Law: section 5(1), CS Act: section 5(1B)(a)).

A service provided by a hotel or resort to provide education and care to children who are temporary guests of the hotel or resort does not need to be approved by us. For example, a ski resort that offers child-minding services for children staying at the resort.

(National Regulations: regulation 5(2)(d), CS Act: section 5(1B)(f)).

A service provided on an ad hoc basis at the place of a meeting, convention, conference, seminar or other short-term event where the parent of, or other person responsible for, the child is a guest, visitor or patron. This service does not need to be approved by us.

(National Regulations: regulation 5(2)(e), CS Act: section 5(1B)(g)).

A service providing education and care to children in premises where the majority of the children usually reside, and the educator does not reside, does not need to be approved by us. For example, In Home Care(opens in a new window).

(National Regulations: regulation 5(2)).

Circumstances, where the children are being cared for or educated in their own home or by a relative of the children, do not need to be approved by us.

(CS Act: section 5(2)).

A service where education and care is primarily provided or shared by parents or family members of the children, and a parent or family member is readily available for the period that the child is educated and cared for and retains responsibility for the child, does not need to be approved by us.

(National Regulations: regulation 5(2)(f)).

This would include a playgroup where a group of parents or caregivers with their children gather regularly for play and social interaction, and each parent or caregiver is responsible for the children they bring to the playgroup.

However, a "rostered playgroup" with a paid facilitator, where children may attend in the absence of their parents, may require approval from us.

The following arrangements do not need to be approved by VECRA.

An informal arrangement for one person to care for or educate someone else's child does not need to be approved by VECRA, as long as:

• at least one child is being cared for or educated in his or her own home and
• there are no more than four children under the age of 6.

(CS Act section 5(3)).

This would include situations where one family, or a group of parents, arrange for their children to be cared for by a babysitter or nanny in one of the parent's homes.

Children who are aged six years or over, or who are enrolled at a preparatory level at school, that are being cared for or educated outside their own home under an informal arrangement between a parent or custodian of the children and the individual providing the care or education.

A 'personal arrangement'. (National Law: section 5(1)).

These situations would include when a parent arranges for a neighbour or friend to care for their children after school or at any other time.

Schools are not regulated under either scheme. The Victorian Regulations and Qualifications Authority (VRQA) registers and regulates all government and non-government schools in Victoria.

Some n schools provide preschool or kindergarten programs, sometimes referred to as 'early learning centres' (ELCs). Although these centres are often located on the school premises, they provide education and care to children under school age and are regulated under the NQF.

(National Law: section 5(1), CS Act: section 5(1A)).

Short-term transition to school programs, for children commencing school the following year, are also not regulated under either scheme.(National Regulations: regulation (5)(2)(j)).

A service providing education and care to patients in a hospital or patients of a medical or therapeutic care service does not require approval by us.

(National Law: section 5(1), CS Act: sections 5(1)(a) and 5(1)(b)).

The following types of disability or additional needs services are not regulated under either scheme, and do not need to be approved by us:

• a disability service provided by a disability service provider within the meaning of the Disability Act 2006 (Vic) (National Regulations: regulation 5(1)(c), CS Act: section 5(1)(d)).
• an early childhood intervention service provided for the principal purpose of providing intervention or support for children with a disability, additional needs or developmental delay (National Regulations: regulation 5(1)(e), CS Act: section 5(1B)(d)).
• the child is a recipient of supports or services provided by a registered NDIS provider within the meaning of the Commonwealth National Disability Insurance Scheme Act 2013 (CS Act: section 5(1)(e)).

Protection, care or accommodation provided by a community services or secure welfare service under the Children, Youth and Families Act 2005is not regulated under either regime and does not need to be approved by VECRA.

(National Law: section 5(1)(f), CS Act: section 5(1)(c)).

A service providing education and care to children at a camp, including a camp where the children stay overnight, is not regulated under either scheme and does not need to be approved by us.

(CS Act: section 5(1B)(h)).