VECRA issues Emergency Action Notice over unsafe sleep practices

The Victorian Early Childhood Regulatory Authority (VECRA) has issued an Emergency Action Notice to Chawla Group AU PTY LTD, the approved provider operating Kindoo Childcare Centre in Ferntree Gully, following the identification of serious non-compliance relating to unsafe sleep and rest practices.

The notice, served after an unannounced inspection on 15 January 2026, cites multiple breaches of the Education and Care Services National Law and National Regulations, including inadequate supervision, failure to follow approved sleep and rest procedures, and the use of unsanitary or unsafe sleep equipment.

VECRA’s Authorised Officers found several mattresses in poor condition, including:

• Stained foam with possible mould/mildew and missing sections
• Foam pieces used as mattresses without any protective covering
• Non-compliant mattresses used for infants, failing to meet Australian Standard AS/NZS 8811.1:2013
• Cots made up with ill-fitting sheets, creating a suffocation risk

Critically, the provider’s risk assessment for sleep and rest practices failed to identify or address these hazards, breaching Regulation 84C(2). The service also failed to ensure that staff followed safe sleep policies (Regulation 170), and a child was observed sleeping unsupervised in a darkened room with obstructed visibility, a breach of Section 165, which prohibits inadequate supervision.

The Emergency Action Notice prohibits the service from providing education and care to children under 12 months of age until:

• All mattresses are replaced with compliant products meeting Australian Standards and Red Nose Australia guidelines
  The provider submits updated risk assessments for sleep and rest practices
• VECRA has given the provider 14 days to comply, with active monitoring of the service’s progress. Non-compliance could result in prosecution, carrying a maximum penalty of $103,200.

Adam Fennessy PSM, Interim Early Childhood Regulator, said:

“Parents are entitled to trust that their children are safe and well when attending an early childhood service.
This service put young children in danger of death or serious injury due to unsafe sleep practices and dirty and dangerous mattresses.
VECRA won’t hesitate to take strong action against services that put children’s safety at risk.”

Established on 1 January 2026 following the 2025 Rapid Child Safety Review, VECRA is Victoria’s independent early childhood regulator, overseeing safety, quality, and compliance across the sector. Its powers include issuing emergency notices, prosecuting non-compliance, and ensuring services meet their obligations under the National Quality Framework.

For further information about the Emergency Action Notice process or sleep safety requirements, visit VECRA’s website.