Transcript - ABC Melbourne Mornings with Justin Smith

JUSTIN SMITH, HOST: Yesterday the Albanese Government announced legislation around child care, introduced the legislation into Parliament. The main part of this is the threat to withdraw funding from centres that do not come up to standard. The Federal Minister for Early Childhood Education, Victorian Senator Jess Walsh, is in our Canberra studio. Minister, good morning.

SENATOR DR JESS WALSH, MINISTER FOR EARLY CHILDHOOD EDUCATION AND MINISTER FOR YOUTH: Good morning, Justin. Thanks for having me.

SMITH: With this new plan, how would that have prevented what we're now talking about?

WALSH: Well, this has been a really distressing time, Justin, for families in Victoria, families of the children who are affected. Really, all parents of children who have their kids in early childhood education are watching on and they want strong action. So we have introduced legislation into the first sitting of our new Parliament to cut Commonwealth funding from those providers who do put profit ahead of child safety. This is a big lever that we have in the Commonwealth. We fund early learning centres through the Commonwealth Child Care Subsidy. This legislation will allow us for the first time to withdraw that subsidy from those providers who consistently and persistently fail to put child safety first.

SMITH: OK. This has come up, though, because of what, particularly in Victoria, as you're a Victorian Senator, what we've seen in the last three weeks. So, for that reason, you're introducing this legislation. So how is that going to prevent what we've been talking about and what we've been seeing? How will it change that? How will it stop that?

WALSH: Yeah, Justin, we announced this legislation some months ago and it certainly is in response to concerns about quality and safety in early childhood education. We know that the vast majority of providers do the right thing. We know that the vast majority of our dedicated, passionate early childhood educators do the right thing. But there is a small number of repeat offenders who this legislation is targeted at. It allows us to withdraw funding from those providers, it allows us to stop them expanding, and it allows us to take a range of actions against them, right from issuing them with show-cause notices, imposing conditions on their services, and again right through to withdrawing funding.

SMITH: No, no, I understand. I understand. And respectfully, forgive me for interrupting, but I will have to ask the same question again. How is that going to prevent what we're talking about? If somebody is working in the industry, they have got red flags against them but there are no charges and then they pop up at another child care centre, with the proposals that you're now putting in place, how is that going to prevent that?

WALSH: Yeah, thanks Justin. So, there's two big pieces of work going on here and I hope you'll let me go through them because –

SMITH: Sure.

WALSH: It's really important, Justin. So, there's our Commonwealth legislation, we have a big lever, being the funding and I've taken you through that. At the same time the Commonwealth States and Territories are working together shoulder-to-shoulder on a big package of reform – a strong and significant package of child safety reform. And that goes to some of the other things that are being discussed right now, including the first ever nationwide register of early childhood educators. You're right that there have been flags raised about this alleged offender in Victoria. What we need is a nationwide register of early childhood educators that allows us to see those flags. And that register needs to be integrated with working with children checks. And yes, this individual, this alleged offender, had a working with children check. And it needs to be integrated with other information that we have about substantiated complaints and conduct against individuals. And that's what we're working towards. That register will raise those flags.

SMITH: Yep.

WALSH: It will allow us to track that behaviour, Justin, and provide information to regulators around the country about action that needs to be taken.

SMITH: Just on that register, before you move on to anything else, the Productivity Commission recommended that last year. How long is that going to take to get up and running?

WALSH: So, we're working on it right now. As you've said, the Victorian Government is also working on these matters as well. They've announced their own register. We're having discussions with them about making sure that it will be harmonised into the nationwide register. I think people want us to work together and we are. We do know that early childhood educators and providers cross borders and we need one strong national harmonised approach where we can see where our early childhood educators are working and where every regulator across the country can see those red flags.

SMITH: How long will it take for the register to get up and running?

WALSH: So, Justin, I don't have an answer to that this morning. We're meeting again in a couple of weeks, and we'll announce the plans for the register then. We had an urgent ministers meeting – an urgent stand-alone meeting of Education Ministers focused on this issue at the end of June. At that meeting we put this nationwide register right on our agenda. We're working on it. We're coming back together in August, and we'll have more to say then.

SMITH: OK. You can understand, and I don't mean to be disrespectful when I say this, but you understand that people listening to this, parents who are listening to this now, have a fear that what is being announced and what's being introduced into Parliament is a bit of window dressing and that it's not actually going to make any changes. You would understand that fear?

WALSH: Justin, I met with three mums yesterday who had the courage to come up to here in Canberra and talk about their experiences. They were parents of children who had been abused in early learning settings historically, and I listened to their stories and their stories will stay with me and drive the action that we are taking. If there was one simple thing, Justin, that we could do, everyone would do it – the Commonwealth, States and Territories. There are many actions that need to be taken. I think everyone's been really honest in this that not enough has been done up until now, but there is a real determination to do more. At the Commonwealth level, we have this lever of our funding, and we are sending a clear message to providers to lift their game or leave the sector. And we are working shoulder to shoulder with the States and Territories around a strong and significant package of reform.

SMITH: I guess there –

WALSH: Not enough has been –

SMITH: I'm sorry. Finish, please.

WALSH: Not enough has been done, Justin. I think everyone can see that. Everyone is clear about that. But we are all working together at a Commonwealth, State and Territory level and we are all driven by our understanding of the experiences that families are having right now and the fears that they have.

SMITH: With the withdrawal of funding, who is going to police that? Who will make the spot checks? Who will do the reports and make a call on whether a centre is up to scratch or not?

WALSH: So the Secretary of my Department is already looking at the data that we have. We know that there's a small group of providers that consistently and persistently breach our national quality standards. We're also looking at serious incidents, we're looking at complaints, and we know which providers are of concern. It's important to say, Justin, that if there are serious and imminent concerns, child care centres can be shut down immediately, and that does happen from time to time. This legislation is about the Commonwealth having the power for the first time to remove funding from those providers who are doing the wrong thing. And we also want it to send a message to the sector to lift their investment in quality and safety now.

SMITH: It's 14 to 9. We're with Jess Walsh, who is the Early Childhood Education Minister in the Albanese Government. Minister, I'm sorry, I'll have to ask that – I will have to ask you that question again. Who makes the decision? Who polices it? Who does the spot checks?

WALSH: The Commonwealth is responsible for setting the standards, and the States and Territories for enforcing those standards with boots on the ground. It's the States and Territories who have the regulators.

SMITH: OK.

WALSH: And we are of course all working together. We are hearing from the State regulators that this stick, if you like, that we have will help them do their job as well.

SMITH: Does that not place us back into a problem that we've had, which is that the State and the Commonwealth are working, not working separately but they are separate entities and as you're going to be relying on the States to gather this data to make the call on these child care centres, but each State seems to have a very different way of approaching child care? How is that all going to be pulled together nationally?

WALSH: Well, the Commonwealth and the States do have different responsibilities, Justin, but we have one responsibility and that is to keep children safe in early learning and to give parents the confidence that their children are safe too. The regulators do provide information. We want to make sure that that information is shared nationally. And what we are doing this week with the legislation that we introduced yesterday is making sure that we can use the Commonwealth lever that we have, to withdraw funding from those providers who do put profit ahead of child safety. And there is one thing I want to add, Justin, to reassure parents. The vast majority of providers are meeting and exceeding our standards. Over 90 per cent of providers are meeting and exceeding standards. And the vast majority of educators out there are doing the very best job that they can do every day. There's over a million families out there in Australia who are getting quality early education. This is a real problem that we're seeing in terms of the distressing events that are occurring in Victoria, and more needs to be done about that. That's why we're focused on this legislation and bringing together a strong and significant package of child safety reforms.

SMITH: Okay. Is the, you talk about standard, is the Allan Government up to standard?

WALSH: Well, I think the Victorian Government, as with all governments around the country, have acknowledged that not enough has been done to date, and that more needs to be done. And we've acknowledged that at a Commonwealth level as well. Again, it's why we've introduced this legislation in the first sitting of this Parliament because it's such a big priority for us to keep children safe. It's why we're working shoulder to shoulder with the States on this package of reform. Of course, there is a review underway in Victoria, and we await the results of that review.

SMITH: Thank you for your time, Minister.

WALSH: Thank you.