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Which early childhood services are regulated

Early childhood services are regulated in Victoria by two regulatory schemes. There are also services and activities that are not regulated.

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Services VECRA regulates

The Victorian Early Childhood Regulatory Authority (VECRA) regulates approved early childhood services that operate in Victoria under 2 schemes:

NQF Services

Around 95% of early childhood services in Victoria are regulated under the NQF. They offer regular education and care to children from birth to 13 years.

These include:

Read more about the NQF:

Children’s services regulated under state law

Children’s services offer care to children on a non-regular, or ad hoc basis. They include:

These services are often in settings such as neighbourhood houses and recreational facilities.

They educate and care for children from birth to until the age of 13 years.

Services that are excluded

Some services and activities for young children are not included in either regulatory scheme. They do not need VECRA approval to operate.

Below is a list of services that are specifically excluded from both the NQF and the CS Act.

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A service that principally provides instruction in a particular activity does not need to be approved by us. Examples include but are not limited to sport training, dance classes, music lessons, language or religious classes.

Providing education and care on a regular basis, in a language other than English such as an language immersion program, requires approval by us.

(National Law: section 5(1), CS Act: section 5(1B)(a)).

A service provided by a hotel or resort to provide education and care to children who are temporary guests of the hotel or resort does not need to be approved by us. For example, a ski resort that offers child-minding services for children staying at the resort.

(National Regulations: regulation 5(2)(d), CS Act: section 5(1B)(f)).

A service provided on an ad hoc basis at the place of a meeting, convention, conference, seminar or other short-term event where the parent of, or other person responsible for, the child is a guest, visitor or patron. This service does not need to be approved by us.

(National Regulations: regulation 5(2)(e), CS Act: section 5(1B)(g)).

A service providing education and care to children in premises where the majority of the children usually reside, and the educator does not reside, does not need to be approved by us. For example, In Home Care(opens in a new window).

(National Regulations: regulation 5(2)).

Circumstances, where the children are being cared for or educated in their own home or by a relative of the children, do not need to be approved by us.

(CS Act: section 5(2)).

A service where education and care is primarily provided or shared by parents or family members of the children, and a parent or family member is readily available for the period that the child is educated and cared for and retains responsibility for the child, does not need to be approved by us.

(National Regulations: regulation 5(2)(f)).

This would include a playgroup where a group of parents or caregivers with their children gather regularly for play and social interaction, and each parent or caregiver is responsible for the children they bring to the playgroup.

However, a “rostered playgroup” with a paid facilitator, where children may attend in the absence of their parents, may require approval from us.

The following arrangements do not need to be approved by VECRA.

An informal arrangement for one person to care for or educate someone else’s child does not need to be approved by VECRA, as long as:

This would include situations where one family, or a group of parents, arrange for their children to be cared for by a babysitter or nanny in one of the parent’s homes.

Children who are aged six years or over, or who are enrolled at a preparatory level at school, that are being cared for or educated outside their own home under an informal arrangement between a parent or custodian of the children and the individual providing the care or education.

A ‘personal arrangement’. (National Law: section 5(1)).

These situations would include when a parent arranges for a neighbour or friend to care for their children after school or at any other time.

Schools are not regulated under either scheme. The Victorian Regulations and Qualifications Authority (VRQA) registers and regulates all government and non-government schools in Victoria.

Some n schools provide preschool or kindergarten programs, sometimes referred to as ’early learning centres’ (ELCs). Although these centres are often located on the school premises, they provide education and care to children under school age and are regulated under the NQF.

(National Law: section 5(1), CS Act: section 5(1A)).

Short-term transition to school programs, for children commencing school the following year, are also not regulated under either scheme.(National Regulations: regulation (5)(2)(j)).

A service providing education and care to patients in a hospital or patients of a medical or therapeutic care service does not require approval by us.

(National Law: section 5(1), CS Act: sections 5(1)(a) and 5(1)(b)).

The following types of disability or additional needs services are not regulated under either scheme, and do not need to be approved by us:

Protection, care or accommodation provided by a community services or secure welfare service under the Children, Youth and Families Act 2005is not regulated under either regime and does not need to be approved by VECRA.

(National Law: section 5(1)(f), CS Act: section 5(1)(c)).

A service providing education and care to children at a camp, including a camp where the children stay overnight, is not regulated under either scheme and does not need to be approved by us.

(CS Act: section 5(1B)(h)).

Contact VECRA to receive formal advice

The list above is general, and each situation must be assessed on a case-by-case basis by VECRA.

Please contact VECRA to discuss the proposed service or activity, and to receive formal advice:

Operating an education and care service without approval is an offence.

Updated 27 March 2026

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