VECRA lays criminal charges against provider over alleged child safety breaches

The Victorian Early Childhood Regulatory Authority (VECRA) has filed criminal charges against TheirCare Pty Ltd, alleging multiple serious breaches of the Education and Care Services National Law that placed children’s safety at risk at the Rosanna Golf Links Primary School TheirCare service in Melbourne’s north‑east.

The charges relate to alleged failures in supervision, staff suitability, and compliance with the Child Safe Standards while children were attending the outside school hours care (OSHC) program. The matter is now before the courts, and the allegations have not yet been tested.

VECRA described the situation as involving “multiple serious alleged breaches” under the National Quality Framework (NQF), signalling the regulator’s willingness to pursue criminal proceedings where it believes children’s safety has been compromised.

Child safety obligations remain central

Under the National Law, approved providers and service leaders must ensure:

• Adequate supervision of children at all times
• Effective risk assessment and hazard management
• Safe staffing arrangements, including qualifications and Working with Children Checks
• Robust incident management and reporting
• Compliance with policies, procedures and Child Safe Standards

The allegations against TheirCare Pty Ltd highlight the regulator’s increasing expectation that providers maintain strong governance and operational oversight across all service types,including OSHC environments, where supervision risks and activity complexity can differ significantly from long day care settings.

For the broader sector, the case reinforces that child safety obligations are not administrative formalities but core legal responsibilities underpinning service approval, community trust, and regulatory confidence.

Sector likely to watch proceedings closely

The matter is expected to attract significant attention across the ECEC and OSHC sectors, particularly as providers continue to review internal compliance systems, workforce capability, and risk management frameworks in response to evolving child safety expectations.

The proceedings also come at a time when many services are grappling with workforce shortages, increased regulatory reporting, and heightened scrutiny of governance practices.

As the case progresses through the courts, further details may emerge regarding the specific allegations and VECRA’s findings. At this stage, the charges remain allegations only, and TheirCare Pty Ltd is entitled to the presumption of innocence.

Read the full VECRA statement here.