VECRA issues Emergency Action Notice to multi-storey early learning service over rooftop safety risks

The Victorian Early Childhood Regulatory Authority (VECRA) has issued an Emergency Action Notice (EAN) to the approved provider of Woodlands St Kilda Road after identifying serious risks to children's safety associated with a rooftop outdoor play area and emergency evacuation planning.

The long day care service, located on levels 11 and 12 of a 13-storey building in Melbourne, is approved to care for up to 140 children.

The enforcement action followed an unannounced visit by VECRA authorised officers, who identified concerns about children's potential access to a rooftop edge and the service's ability to safely evacuate young children during an emergency.

Rooftop play area ordered closed

According to VECRA, recent modifications to the level 12 outdoor play space created a risk that children could gain access to an external balustrade and the edge of the rooftop area.

The regulator found that fencing and barriers within the outdoor environment were not sufficient to prevent children of preschool age from going through, over or under them, creating what it described as a risk of death or significant harm should a child access the roof edge.

As part of the Emergency Action Notice, the service has been directed to immediately cease using the affected rooftop outdoor play area until remedial works have been completed and approved.

The approved provider must ensure fencing and barriers are of an appropriate height and design to prevent children from accessing hazardous areas and demonstrate that the environment is safe before the space can be reopened.

Emergency evacuation concerns identified

VECRA also identified concerns regarding the service's emergency preparedness, particularly its capacity to safely evacuate infants and young children from the upper levels of the building.

The regulator found the service did not have appropriate plans in place to evacuate 14 children aged under two years from levels 11 and 12 to the ground floor in the event of an emergency.

As a result, the provider has been directed to review and, where necessary, update emergency and evacuation procedures, ensure evacuation instructions are prominently displayed near exits, and provide staff training on any revised processes.

Regulator reinforces safety expectations

Adam Fennessy PSM, Interim Early Childhood Regulator, said the findings highlighted the importance of robust safety measures in complex service environments.

"Woodlands St Kilda Road has put children at significant risk with unsafe fencing on a level 12 outdoor play area and inadequate emergency planning," he said.

"The safety, rights and best interests of children are paramount and must always come before convenience or operational considerations."

Mr Fennessy noted that the potential consequences of a child accessing the rooftop edge could have been catastrophic and said VECRA would continue to monitor compliance with the notice.

Important lessons for the sector

The action serves as a reminder to approved providers that outdoor environments, particularly those in multi-storey settings, require ongoing risk assessment, regular review and careful consideration of children's age and capabilities.

It also reinforces the need for emergency evacuation plans to be practical, tested and capable of being implemented safely in real-world emergency situations.

VECRA has indicated that further regulatory action remains under consideration and warned that failure to comply with an Emergency Action Notice may result in prosecution.

While the service remains operational, the rooftop outdoor play area must remain closed until all safety concerns have been addressed to the satisfaction of the regulator.

Read the full media announcement here.