Reminder for the ECEC sector on safe transportation of children

Regulator issues emergency action notice following serious transport compliance breaches, reinforcing safe transportation obligations under the National Quality Framework.

Transportation of children is a routine activity for many early childhood education and care (ECEC) services. It also carries significant legal and ethical responsibilities under the Education and Care Services National Law and the Education and Care Services National Regulations.

The Victorian Early Childhood Regulatory Authority (VECRA) has issued a clear reminder to approved providers, nominated supervisors and educators, critical safety measures must be strictly implemented whenever children are transported. A recent unannounced compliance visit, which resulted in an Emergency Action Notice, has sharpened the regulatory focus on safe transportation compliance across the ECEC sector.

VECRA authorised officers conducted an unannounced compliance visit at Happy Childcare and Early Learning Centre in Melton South, Victoria. The service is operated by VJ Services Australia Pty Ltd ATF Joshi Family Trust.

During the visit, officers identified a serious breach of safe transportation requirements. A child was scheduled to be transported to school in an educator’s personal vehicle without written authorisation from a parent or carer. No risk assessment had been undertaken for the proposed transport.

The regulator identified significant breaches of the National Law and National Regulations relating to safe transportation.

The breaches included:

• Regulation 102D – authorisation for service to transport children: The service failed to obtain written authorisation before transporting a child
• Regulation 170 – policies and procedures to be followed: The approved provider did not take reasonable steps to ensure the nominated supervisor and staff members complied with the service’s safe transportation policy. Required risk assessments were not completed and written authorisations were not secured prior to the journey
• Section 167 – offence relating to protection of children from harm and hazards: Transporting a child in a staff member’s vehicle without the required authorisation and risk assessment constituted an offence for failing to protect children from harm

VECRA emphasised that when transportation is provided or arranged by an ECEC service, children remain in the care of the service for the entire period they are in the vehicle. The duty of care for children’s health, safety and wellbeing applies during transit in the same way it does within the service premises.

Under the National Regulations, services must implement and follow robust policies and procedures for transporting children.

Comprehensive risk assessments must:

• assess potential risks to children’s health, safety and wellbeing
• outline how identified risks will be eliminated or minimised
• address the proposed means of transport
• detail procedures for embarking and disembarking
• explain how children will be accounted for at all times

For excursions involving transport, risk assessments must also consider seatbelts, appropriate child restraints and compliance with road safety requirements, in addition to broader transportation risks.

Failure to complete and document these assessments exposes children to harm and services to serious compliance consequences.

In response to the breaches, VECRA issued an Emergency Action Notice on the basis that the provider’s conduct posed an “immediate risk to the safety, health and wellbeing of a child or children”.

The notice prohibits the service from transporting any children until evidence is provided within 14 days demonstrating that all required risk assessments and written authorisations are in place.

VECRA has also directed that all staff complete specific training to ensure full understanding of the service’s safe transportation policy. Evidence of training completion must be provided to the regulator.

Non-compliance may result in prosecution, with maximum penalties of $20,400 for an individual and up to $103,200 in any other case.

Interim Early Childhood Regulator Adam Fennessy PSM reinforced the regulator’s position, stating: “It’s critical that where early childhood services are transporting children either on an excursion or more regularly that it’s done safely under the law with full risk assessments and authorisations undertaken.”

He added: “VECRA won’t hesitate to take strong action against services that put children’s safety at risk and this includes banning them from transporting children where the safety of children is put at risk.”

Approved providers and centre managers should treat this matter as a prompt to review internal compliance systems.

Key actions include:

• reviewing and updating safe transportation policies and procedures
• ensuring all risk assessments are current, comprehensive and documented
• confirming written authorisations are obtained before any transport occurs
• providing regular training to educators and nominated supervisors
• auditing excursion and transport practices against the National Quality Framework

Further guidance on safe transportation is available via the Australian Children’s Education and Care Quality Authority website at www.acecqa.gov.au.

This incident sends a clear regulatory message, when transporting children, there is no margin for error. Robust governance, documented risk assessment and strict adherence to the National Law and National Regulations are essential to protect children’s safety and maintain compliance across the ECEC sector.

Access the full statement from VECRA here.