Melbourne childcare arrest triggers sweeping sector reforms: what those involved in the childcare sector need to know
Last week, the Victorian public learned that Victoria Police has arrested and charged an early childhood educator with a number of sexual offences that occurred whilst that individual was working at a childcare centre in Melbourne. Victoria Police has further announced that they are investigating allegations of further offending at a second childcare centre in Melbourne, while noting that the individual worked at least at 18 other childcare centres across Melbourne since 2019.
Given the unprecedented nature and scale of the alleged offending, the response from the Victorian Government has been swift.
What steps have been taken, and what may occur going forward?
Last week, the Victorian Government announced that it would be:
- introducing a Victorian register of early childhood workers; and
- adopting a ban on personal devices in childcare centres from 26 September 2025 (with potential fines of $50,000 and bans on licenses to be imposed for contraventions).
There have otherwise been calls for strengthening of the working with children check processes (ie including taking into account prohibition notices) and introducing a national register for educators akin to that operated by the Victorian Institute of Teaching. It is possible that, as part of this process, the requirements for applying to be an early childhood teacher may be affected and there may be broader implications (i.e. for permanent residency pathways).
Separately, the Victorian Government has announced that it will commission an urgent review into child safety in early childhood education and care settings and the working with children checks in Victoria. The review will be led by Jay Weatherill AO and Pamela White PSM. The review is to report back to the Victorian Government by Friday 15 August 2025, with the promise made that ‘every recommendation’ will be adopted ‘as quickly as possible’.
It appears from the nature of the public announcements that the review will be conducted under the Inquiries Act 2014 (Vic) and will follow a similar process to previous reviews into Victorian Government Bodies’ engagement with construction companies and construction unions. While currently proceeding as a formal review, it is noteworthy that there are mechanisms under legislation to convert the formal review into either a board of inquiry (similar to the COVID-19 Hotel Quarantine Inquiry) or a royal commission (similar to that conducted into family violence). Alternatively, a royal commission may be separately convened by the Federal Government.
What are the differences between the key coercive powers of a formal review, a board of inquiry and a royal commission?
Royal commission | Board of inquiry | Formal review |
|---|---|---|
| Require production of documents | Require production of documents | No power to require the production of documents |
| Require answers on oath | Require answers on oath | No power to require answers on oath |
| Can override statutory secrecy and confidentiality requirements | Can override statutory secrecy and confidentiality requirements | Cannot override statutory secrecy and confidentiality requirements |
| Entry, search and seizure powers | No entry, search and seizure powers | No entry, search and seizure powers |
| Can abrogate privileges (i.e. privilege against self-incrimination; legal professional privilege) | No power to abrogate privileges (i.e. privilege against self-incrimination; legal professional privilege) | No power to abrogate privileges (i.e. privilege against self-incrimination; legal professional privilege) |
| Public interest immunity and parliamentary privilege still apply | Privileges and immunities applying at common law will apply in relation to Boards of Inquiry. For example, the privilege against self-incrimination, public interest immunity and parliamentary privilege apply | Privileges and immunities applying at common law will apply in relation to Formal Reviews. For example, the privilege against self-incrimination, public interest immunity and parliamentary privilege apply |
What do I do if receive a notice to produce documents?
While the Victorian and Federal Governments’ responses are evolving, there are a number of key tips that any entity that receives a notice to produce documents from a Board of Inquiry or Royal Commission should keep in mind. This includes ensuring that:
- you understand the scope of the request, including the amount of time it will take to produce the documents;
- you are aware of any privileges, immunities or secrecy provisions that are likely to apply to the request for documents;
- you consider whether you will need to seek assistance or input from other departments or branches of government; and
- isolate all relevant documents – remember hard copy notes, phone records (texts, phone call data) and messaging services (Signal or Whatsapp).
If you are part of a Victorian Government department or agency, also ensure that you make contact with the Department of Premier and Cabinet to ensure you are acting in accordance with any lead agency requirements as per the ‘Guidelines for appearing before and producing documents to Victorian inquiries’.
What next?
The Federal and/or Victorian Governments will likely make further announcements over the coming weeks.
Pro-active advice can be given regarding best-practice approaches for document compilation and identifying key witnesses, including advising on internal messaging to staff and families. It is important to remember that timelines in any review process will be short, so proper preparation will ensure better outcomes for those involved.
Hall & Wilcox is continuing to monitor legislative changes, regulatory developments, and industry trends in the early childhood industry and will provide further updates as they come to light. If you have any questions or would like support navigating these developments, please contact our team.
This article was written with the assistance of Nick Fogarty, Lawyer.
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