The law applies to early childhood education and care services in Victoria.

These services are regulated under the Education and Care Services National Law Act 2010, the Children’s Services Act 1996, and associated regulations.

When the law applies

The law applies to all early childhood education and care services in Victoria that provide:

  • long day care
  • kindergarten (including three- and four-year-old kindergarten)
  • occasional care
  • family day care.

When the law does not apply

The law does not apply to:

  • enrolment in primary school or secondary school
  • children attending an outside school-hours care service (after-school care, before-school care, vacation care)
  • enrolment of school children in long day care, family day care or occasional care
  • casual occasional care services that offer care of no more than two hours per day, and no more than six hours per week (for example, crèches at gyms and shopping centres)
  • playgroups.

The obligation on services is to ensure that immunisations are up to date as part of the enrolment process.

After a child’s enrolment has been confirmed, the No Jab No Play legislation does not require services to exclude enrolled children who are not up to date with their immunisations (except in the case of a disease outbreak).

The purpose of the legislation is to encourage immunisation, not create a barrier to enrolling in, or attending, early childhood education and care services.

Supporting families to comply with the law

The purpose of the law is to boost immunisation rates, not exclude children from accessing services.

With over 90 per cent of children in Victoria fully immunised for their age, only a small number of families may experience difficulty meeting enrolment requirements related to immunisation. 

With the exception of parents/carers who choose not to vaccinate their children because of a personal belief, most have either:

  • forgotten a vaccine
  • experienced difficulty accessing vaccinations or the required documentation.

The scenarios and responses section provides some examples of how you can support parents in these situations.