VECRA issues Emergency Action Notice to Family Day Care after toddler found wandering on street

The Victorian Early Childhood Regulatory Authority (VECRA) has issued an Emergency Action Notice to Cheeky Pandas Family Day Care in Newcomb, Geelong, after an 18-month-old child in the service’s care was found wandering along a public street outside the family day care premises.

The notice, published on Monday 18 May 2026, requires the family day care residence to immediately close and not provide education and care until the issues identified by VECRA have been rectified to the regulator’s satisfaction. 

Member of the public raised the alarm

According to VECRA, the incident occurred on Friday 8 May, when a member of the public saw the child on the street near the family day care residence and noticed an open gate at the premises.

The individual was also concerned by the service’s response when the child was returned and subsequently reported the matter to VECRA. 

Following the report, VECRA conducted an unannounced regulatory visit to Cheeky Pandas Family Day Care.

Visit identifies supervision, transport and environmental safety concerns

During the visit, VECRA identified a number of additional concerns.

The regulator said it found that a child had walked unsupervised from school to the family day care premises, that a family member of the educator was transporting children to kindergarten, and that building materials, debris and other potential hazards were accessible to children, including in the outdoor play space. 

VECRA also found that ongoing construction work at the residence exposed children to a range of hazards, with little to no management in place to prevent children from accessing those risks. 

As a result, VECRA determined that the issues presented an immediate risk to children and issued the Emergency Action Notice.

Provider required to submit evidence within 14 days

The approved provider must submit evidence to VECRA within 14 days of the notice being issued showing that required steps have been taken.

These include ensuring that all building materials, debris and other potential hazards are inaccessible to children, that only the educator provides transport to children, that visitor records are maintained, and that an updated risk assessment of the educator’s residence has been completed. 

VECRA said it will actively monitor compliance with the notice, with further action under consideration given the seriousness of the breaches. The approved provider is also required to communicate with impacted families. 

Failure to comply with the notice may lead to prosecution, with a maximum penalty of $103,200. 

Regulator says supervision is vital

Interim Early Childhood Regulator Adam Fennessy PSM said the incident could have had serious consequences.

“We’re grateful that the unsupervised child was looked after by a member of the public, who also reported it to VECRA so we could look into it, the results could have been very serious,” he said.

“Parents and caregivers should be fully able to expect their children are kept safe and well, and not able to wander outside a day care facility onto the street.”

Mr Fennessy encouraged the community to continue reporting serious incidents to the regulator.

“We encourage people to continue to raise serious incidents like this with us so we can look into them, VECRA will not hesitate to take strong and swift action whenever children’s safety is put at risk,” he said.

“To create environments that are safe and responsive to the needs of all children, adequate supervision is vital.”

He acknowledged the impact that service closures can have on families, but said children’s safety must remain the priority.

“We understand the impact service closures have on families. However, the safety, rights and best interests of children is paramount and this decision ensures that children are safe and supported in a high-quality service.”

VECRA’s strengthened regulatory role

VECRA commenced operations on 1 January 2026 as Victoria’s independent early childhood regulator.

The regulator was established following a key recommendation from the 2025 Rapid Child Safety Review and is responsible for overseeing safety, quality and compliance in early childhood services across Victoria. 

The Emergency Action Notice issued to Cheeky Pandas Family Day Care highlights the importance of active supervision, safe physical environments, compliant transport arrangements and strong risk management in family day care settings.

For approved providers, the case is also a reminder that family day care residences must be subject to ongoing oversight, regular risk assessment and clear compliance monitoring to ensure children are protected from harm and hazards.

Readers can access the full VECRA announcement here: Emergency Action Notice served on Cheeky Pandas Family Day Care in Newcomb.