Tough new Victorian child safety laws tested for the first time

The suspension of a central Victorian educator under strengthened child safety laws marks a significant escalation in regulatory action across the early childhood education and care (ECEC) sector.

Victoria’s early childhood regulator has, for the first time, exercised new powers to immediately suspend an educator following allegations of excessive force at an outside school hours care (OSHC) service in Greater Bendigo. The action signals a clear shift toward earlier intervention and stronger risk management in response to concerns about children’s safety.

The educator was initially stood down and later dismissed by their employer for serious misconduct. The regulator then issued a suspension notice, preventing the individual from working in any ECEC service while an investigation is underway.

Under section 178BA of the Education and Care Services National Law (Victoria), a regulator may suspend an educator if there is reasonable belief that the person:

• is not complying with the National Law, or
• poses a risk to the safety, health or wellbeing of children

The alleged conduct relates to inappropriate discipline, which is a serious breach of the National Law and National Quality Standard.

The suspension applies for up to 70 days while investigations continue. Financial penalties may apply if the individual breaches the suspension conditions.

These expanded powers came into effect on 27 February 2026 following reforms introduced in response to Victoria’s Rapid Child Safety Review.

The review identified regulatory gaps, particularly where concerning behaviour did not yet meet the threshold for cancellation or prohibition but still posed a potential risk to children.

The new provisions are designed to:

• enable earlier intervention where risk is identified
• prevent ‘service hopping’ between providers during investigations
• strengthen information sharing between regulators
• align with contemporary, risk-based regulatory practice

According to the Victorian Government, the reforms place child safety as the central priority in all regulatory decisions.

The action also represents an early test of Victoria’s new dedicated early childhood regulator, established on 1 January 2026.

The regulator has an expanded remit, including:

• compliance and enforcement
• service quality oversight
• educator conduct monitoring
• child safety risk management
• sector-wide safety improvement

This structure reflects a move toward greater independence, stronger investigative capability, and a more proactive regulatory approach.

The use of immediate suspension powers is likely to influence practice across the sector.

• Stronger accountability expectations - Providers must ensure that incident management, supervision, and reporting systems are robust and responsive. Regulatory intervention may now occur earlier in the risk cycle.

• Heightened focus on educator conduct - Expect increased scrutiny of behaviour guidance practices, particularly in relation to discipline, use of force, and interactions with children.

• Workforce capability uplift - Ongoing professional learning in trauma-informed practice, de-escalation strategies, and relational pedagogy will be critical to support safe practice.

• Greater regulatory visibility - Enhanced information sharing between jurisdictions signals a more coordinated national approach to risk.

This first use of suspension powers demonstrates that Victoria’s strengthened child safety framework is now operational and enforceable.

The case reflects a broader shift toward decisive, transparent regulatory action, reinforcing that safeguarding children is the paramount consideration in early childhood education and care.

Source: Victorian Government, First educator suspended under tough new Victorian child safety laws.