Tuesday, 2 December 2025
Bills
Early Childhood Legislation Amendment (Child Safety) Bill 2025
Early Childhood Legislation Amendment (Child Safety) Bill 2025
Council’s amendments
Message from Council relating to following amendments considered:
1. Clause 117, line 1, omit “16HAH” and insert “16HAK”.
2. Clause 117, page 142, line 11, omit ‘regulations.”.’.’ and insert ‘regulations.”.’.
3. Clause 117, page 142, after 11 insert –
‘16HAI Direction to suspend education and care by staff member (other than a family day care educator) or volunteer
Section 178A of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if –
(a) in subsection (2), for “provider a notice” there were substituted “provider and the relevant staff member or volunteer (as the case may be) a notice”; and
(b) in subsection (2)(c) after “provider” there were inserted “and the relevant staff member or volunteer (as the case may be)”; and
(c) in subsection (3), for “provider a show” there were substituted “provider and the relevant staff member or volunteer (as the case may be) a show”; and
(d) in subsection (3)(a) after “provider” there were inserted “and the relevant staff member or volunteer (as the case may be)”.
16HAJ Direction to suspend education and care by nominated supervisor
Section 178B of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if –
(a) in subsection (2), for “provider a notice” there were substituted “provider and the relevant nominated supervisor a notice”; and
(b) in subsection (2)(c) after “provider” there were inserted “and the relevant nominated supervisor”; and
(c) in subsection (3), for “provider a show” there were substituted “provider and the relevant nominated supervisor a show”; and
(d) in subsection (3)(a) after “provider” there were inserted “and the relevant nominated supervisor”.
16HAK Direction requiring supervision of staff member (other than a family day care co-ordinator) or volunteer
Section 178C of the Education and Care Services National Law (Victoria) applies as a law of Victoria as if –
(a) in subsection (4), for “provider a notice” there were substituted “provider and the relevant staff member or volunteer (as the case may be) a notice”; and
(b) in subsection (4)(c) after “provider” there were inserted “and the relevant staff member or volunteer (as the case may be)”; and
(c) in subsection (5), for “provider a show” there were substituted “provider and the relevant staff member or volunteer (as the case may be) a show”; and
(d) in subsection (5)(a) after “provider” there were inserted “and the relevant staff member or volunteer (as the case may be)”.’.’
Ben CARROLL (Niddrie – Minister for Education, Minister for WorkSafe and the TAC) (17:12): On the Early Childhood Legislation Amendment (Child Safety) Bill 2025, I move:
That the amendments be agreed to.
While I am on my feet, I thank the Legislative Council for their work in the chamber. These amendments are to the new sections 178A, 178B and 178C and amend how the provisions will apply to Victoria only. The intention of these amendments is to ensure procedural fairness for staff members or volunteers where these staff members will be directly impacted by the proposed direction from the early childhood regulator to an approved provider. Under the original clauses if a regulator proposed to direct an approved provider to suspend a staff member or volunteer, suspend a nominated supervisor or require a staff member or volunteer to be supervised, the regulator would be required to allow the approved provider to respond to the proposed action via a show cause process. However, these provisions do not allow the impacted staff member or volunteer to directly respond as part of that show cause process. The amendments passed by the Legislative Council have amended sections 178A, 178B, and 178C as they apply in Victoria to ensure that both the approved provider and the staff member or volunteer are able to respond to that show cause process where the regulator proposes to direct the provider to suspend the worker or require the worker to be supervised. In essence, these changes ensure that both the provider and the worker have the opportunity to respond to the proposed action of the regulator via the show cause process.
Brad ROWSWELL (Sandringham) (17:14): I also rise to address the house amendments from the Council in relation to the Early Childhood Legislation Amendment (Child Safety) Bill 2025. I thank the Minister for Education for his explanation of those Council amendments. I have had a conversation with the Minister for Children’s office, who have given me also an explanation of these matters. As the opposition agreed to these amendments in the Council, we also indicate our support for these amendments in the Assembly today.
I will just make this point: when these bills – and there was a group of three of them, if you will recall – were introduced to the Assembly, being the Early Childhood Legislation Amendment (Child Safety) Bill 2025, the Victorian Early Childhood Regulatory Authority Bill 2025 and the Social Services Regulation Amendment (Child Safety Complaints and Worker Regulation) Bill 2025, and considered in this place, they were done so concurrently. That was also the case in the Legislative Council.
The bill that we are discussing at the minute is one of those bills which has been subjected to house amendments moved by the government, which we agreed to in that place and agree to in this place. The Victorian Early Childhood Regulatory Authority Bill 2025 has been passed unamended. The missing bill, however, is in fact the Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Bill 2025. It is a shame that while these bills were once considered concurrently, it appears that concurrence has now been cancelled. I am concerned by that, and the opposition is concerned by that, because specifically in relation to the bill that has not yet reached this house, that bill has important amendments in it that improve the safety of Victorian children who are in some circumstances, sadly, some of our most vulnerable citizens. I think that is disappointing.
I believe that the government has perhaps overreached in their progression of this particular bill by including in it matters that do not specifically relate to or in large parts relate to child safety. Because of that, it has been held up in the other place. Because of that, the government has not been able to address a circumstance which I contend is of their own making because of their inaction in the child safety space to progress that bill to this place and to get it passed into law.
I think it is important that as we consider these amendments before the house today – which, as I have said from the outset, we agree to – we note that it is because of the government’s choosing that bills that were once considered concurrently are no longer being considered concurrently. We have got a bill which has house amendments, which again we agree to, but again it is a bill which is still stuck in the other place because of the government’s overreach on this particular occasion. I and my colleagues on this side of the house are concerned by that, because our intent in contributing to these bills – which has been our intent for some time – is to as soon as possible increase the safety framework around children within the early learning space, because that is our obligation.
I will not go through the history of these matters, which I addressed in my second-reading speech when these bills were considered concurrently. Although I am tempted to, I will not. Suffice to say, we do support the house amendments moved by the government on this occasion and express sincere disappointment that the government has not been able to progress the third bill in this tranche of legislation to keep Victorian children safe.
Motion agreed to.
The SPEAKER: A message will now be sent to the Legislative Council informing them of the house’s decision.