Unproven abuse allegations against childcare workers should be shared, says report

Victoria will implement sweeping changes to the scandal-riven childcare sector but is relying on the Commonwealth to stump up funding for a new independent regulator, as it seeks a “rethink” on the reliance on private providers.

The state government on Wednesday accepted all 22 recommendations from the review by former South Australian premier Jay Weatherill and Pamela White, chair of the Victorian Registration and Qualifications Authority, which called for every centre to be randomly inspected once a year.

Premier Jacinta Allan said the first reforms would be brought to parliament next week, to allow for the immediate suspensions of working with children clearances when allegations are made against educators.

The review also recommended allowing centres to access unsubstantiated allegations against workers, that staffing levels and qualifications be strengthened, that the state establish an independent regulator and that more funding be poured in.

Many of the recommendations will need to be taken to the federal government and other states and territories.

Victoria committed $42 million but will advocate the Commonwealth reinstate funding to state regulators, as recommended.

The government ordered the review in July after Melbourne childcare worker Joshua Dale Brown was charged with sexually abusing babies and toddlers in his care.

In the longer term, the report recommends a fundamental overhaul of the national childcare system.

The reviewers said the sector had grown rapidly over the decade without a coherent plan.

“The rapid expansion of the sector has created perverse incentives for shortcuts in education and training and that some for-profit providers may feel pressure to maximise value to shareholders,” the review said.

Minister for Children Lizzie Blandthorn accepted there were safety risks in a market-driven model.

“This is not how you would set up a childcare system if you were to set one up from scratch.”

The report said stricter guardrails were required, finding there was an over-reliance on workers who had not yet completed their qualifications. It said there should always be two workers in the presence of a child. The current ratios stipulate 1.11 to 1.4 workers per child (depending on age), but averaged across the entire centre, not individual rooms.

It urged Victoria to advocate for a rethink of the system by the Commonwealth.

“This needs to prioritise quality and safety, reconsider the current funding model and reliance on the market, and set a 10-year strategy to fundamentally reform the ECEC [early childhood education and care] system, including careful planning for workforce growth and quality.”

Weatherill and White said the state should establish a new database, powered by artificial intelligence, to join the working with children check scheme and a register of childcare workers.

Working with children checks should be able to consider unsubstantiated allegations made through the reportable conduct scheme, and these should be brought into a single entity that also handled the child safety standards, the review said.

“Currently, the trail of information that can identify a predator’s behaviour sits in too many different places .”

Those whose clearances are rejected or revoked will only be permitted to request an internal review, rather than bringing the matter to the Victorian Civil and Administrative Tribunal.

The changes to the scheme go beyond those advocated three years ago by former ombudsman Deborah Glass, which the state had ignored.

Allan, who was deputy premier when the 2022 ombudsman report was delivered, repeatedly denied that her government could have acted sooner.

“I wasn’t involved in those decisions at that time. And I say very clearly that as premier today, I’m taking action today.”

Unsubstantiated allegations, investigations and findings should also be shared among jurisdictions, Weatherill and White said, with a national approach and database.

Online child safety training and testing will also become mandatory to gain the clearance.

The Victorian opposition and the Greens both said these urgent reforms had been ignored for too long. Opposition education spokeswoman Jess Wilson said the Coalition would work constructively with the government to put child safety first.

Emma Hakansson, survivor advocate at Australian Childhood Foundation, said she was relieved the government was finally making training mandatory.

The latest review recommended that Victoria urge education ministers around the country to establish a temporary Early Education Reform Commission to track recommendations and ensure reforms are delivered. The ministers will meet on Friday.

Victoria will also push for a national trial of CCTV in centres, or go it alone if necessary.

A national register, which was recommended by the Australian Children’s Education Care Quality Authority back in 2023, remains a priority, and states and territories have committed to speed up progress.

Jacqualine, who reported an educator to the regulator after her toddler said they were sexually assaulted and declined to use her last name to protect her child’s privacy, described the review as a “slap in the face”.

“Most of the stuff in there I thought was common sense – I would have thought it would have been implemented a long time ago,” she told this masthead.

She said random inspections should be more frequent than once a year, which the report said would make Victoria “nation-leading”.

Another parent, whose child was sexually abused by an educator for more than a year, and asked to remain anonymous to protect their child’s privacy, said there had been too many reviews.

Victoria Police arrested Joshua Brown on May 12 but spent weeks tracking his work history across more than 20 childcare centres over eight years. The lack of any register for childcare workers complicated this task, and authorities revealed only on July 1 that they had charged the 26-year-old with more than 70 offences, including child rape.

Brown’s case was pushed back until February next year to allow detectives more time to investigate, after a court heard in July that more charges were likely to be laid. Brown’s case remains before the courts.

Allan acknowledged trust in the system had been broken, but dismissed questions on whether her government should have acted years ago.

“To every family who has been hurt by these most horrific of allegations, I am truly sorry.”

The Victorian branch of the Australian Education Union and parents’ advocates The Parenthood both welcomed the recommendations.

Early education advocate Lisa Bryant said while the review made “sensible” recommendations, it did not address workload pressures.

She agreed with the report’s assessment that the early childcare system needed a fundamental reset. “But this report won’t give us [that].”

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