VECRA lays criminal charges under new regulatory framework

Less than two months into its operation, Victorian Early Childhood Regulatory Authority (VECRA) has initiated criminal proceedings against a former approved provider and associated individuals, signalling a strong enforcement posture at the outset of its mandate.

On 20 February 2026, VECRA confirmed it had laid criminal charges against Vi and Nhat Pty Ltd, Ms Huong Vi Thi Tran and Mr Nhat Minh Ta in relation to the former Smart Children Early Learning Centre in Springvale.

The service is no longer operating. Its service approval was cancelled on 2 December 2024.

According to VECRA, the company and individuals face a total of nine alleged offences under the National Law.

The matter is currently before the court.

The charges relate to alleged serious non-compliance across multiple sections of the National Law.

VECRA has alleged that:

• Vi and Nhat Pty Ltd provided education and care without service approval, contrary to section 103(1).
• Ms Tran provided education and care while subject to a prohibition notice, contrary to section 187(1).
• The approved provider failed to notify the Regulatory Authority of an Interim Working with Children Check exclusion, contrary to section 173(2)(a).

These alleged breaches relate directly to suitability, transparency and the legal authority to operate an approved service.

Further charges allege:

• Failure to ensure adequate supervision of children section 165(1).
• Failure to take reasonable precautions to protect children from harm and hazards section 167(1)..

Both provisions sit at the core of child safety obligations under the National Quality Framework.

Ms Tran and Mr Ta have also been charged under section 207 for allegedly obstructing authorised officers from entering the premises to monitor and assess compliance.

VECRA has emphasised that regulatory access and transparency are fundamental to safeguarding children within approved services.

If proven, the offences carry significant financial penalties.

VECRA has advised that the maximum aggregate penalty could total up to $316,500 under the National Law, comprising:

• Up to $252,600 for Vi and Nhat Pty Ltd
• Up to $54,800 for Ms Tran
• Up to $9,100 for Mr Ta

The final outcome will be determined by the court.

Interim Early Childhood Regulator Adam Fennessy PSM stated that “The alleged behaviour of Ms Tran and Mr Ta and the approved provider was completely unacceptable, we won’t hesitate to take action against services that put children at risk.

He further noted that obstructing authorised officers from performing their lawful duties undermines the regulatory framework designed to protect children.

While the matter remains ongoing, the case provides important reminders for approved providers and service leaders across Victoria:

• Service approval is non-negotiable. Education and care must only be provided where approval is current and valid.
• Working with Children Check changes must be reported immediately.
• Prohibition notices carry strict legal consequences.
• Adequate supervision and hazard management remain core legal duties.
• Authorised officers must be granted lawful access to services.

The commencement of VECRA marks a strengthened regulatory environment in Victoria, with early enforcement action indicating a clear expectation of compliance under the National Law.

For the sector, the message is clear, child safety, transparency and lawful operation are foundational obligations, and regulators are prepared to act where these are allegedly breached.

Access the full statement from VECRA here.