Service Victoria (Transfer of Working with Children Functions) Regulations 2018 (Vic)
Version No. 002
Service Victoria (Transfer of Working with Children Functions) Regulations 2018
S.R. No. 192/2018
Version incorporating amendments as at
5 December 2019
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Definitions
5Transferred customer service functions
6Transferred identity verification functions
7Secrecy provisions
Schedule 1—Transferred customer service functions
Schedule 2—Transferred identity verification functions
Schedule 3—Secrecy provisions
═════════════
Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 002
Service Victoria (Transfer of Working with Children Functions) Regulations 2018
S.R. No. 192/2018
Version incorporating amendments as at
5 December 2019
1Objectives
The objectives of these Regulations are—
(a)to prescribe customer service functions that are transferred to the Service Victoria CEO under the Service Victoria Act 2018; and
(b)to prescribe identity verification functions that are transferred to the Service Victoria CEO under the Service Victoria Act 2018; and
(c)to prescribe secrecy provisions of Acts that are not contravened by the disclosure, collection, storage or use of regulated information in accordance with, and for the purposes of, the Service Victoria Act 2018.
2Authorising provision
These Regulations are made under section 58 of the Service Victoria Act 2018.
3Commencement
These Regulations come into operation on 1 November 2018.
4Definitions
(1)In these Regulations—
mobile application means a software application designed for use on a personal electronic device such as a mobile phone or a handheld computing device;
the Actmeans the Service Victoria Act 2018.
(2)On and from the commencement of the Service Victoria (Transfer of Functions) Amendment (Working with Children) Regulations 2019, a reference to the Service Victoria (Transfer of Functions) Regulations 2018 in an instrument made under any Act or in a document of any kind is to be read as a reference to the Service Victoria (Transfer of Working with Children Functions) Regulations 2018 unless the context otherwise requires.
5Transferred customer service functions
For the purposes of section 5(5) of the Act, a customer service function set out in the Table in Schedule 1 is a transferred customer service function.
Note
A transferred customer service function is to be performed by the Service Victoria CEO from the commencement of this regulation that prescribes the function to be a transferred customer service function (see section 5(5) of the Act).
6Transferred identity verification functions
For the purposes of section 10(5) of the Act, an identity verification function set out in the Table in Schedule 2 is a transferred identity verification function.
Note
A transferred identity verification function is to be performed by the Service Victoria CEO from the commencement of this regulation that prescribes the function to be a transferred identity verification function (see section 10(5) of the Act).
7Secrecy provisions
For the purposes of the definition of secrecy provision in section 55(3) of the Act, a provision listed in Schedule 3 is a prescribed provision.
Schedule 1—Transferred customer service functions
Regulation 5
Table
| Column 1
| Column 2
| Column 3 Service agency from which function is transferred |
| 1 | Receiving and processing an application for an assessment notice under section 10(1) of the Working With Children Act 2005 that is made— | Secretary to the Department of Justice and Community Safety |
* * * * *
| (b) by input into an Internet site or a mobile application maintained for that purpose |
* * * * *
| 3 | Receiving and processing a notification of change of employer or agency under section 20A(2) of the Working With Children Act 2005 that is made by input into an Internet site or a mobile application maintained for that purpose | Secretary to the Department of Justice and Community Safety |
| 4 | Receiving and processing a notification of change of personal particulars under regulation 11(1) or (2) of the Working with Children Regulations 2016[1] that is made by input into an Internet site or a mobile application maintained for that purpose | Secretary to the Department of Justice and Community Safety |
Schedule 2—Transferred identity verification functions
Regulation 6
Table
| Column 1
| Column 2
| Column 3 Service agency from which function is transferred |
| 1 | Collecting identity information provided with an application for an assessment notice under section 10(1) of the Working With Children Act 2005, and verifying the applicant's identity, where— | Secretary to the Department of Justice and Community Safety |
* * * * *
| (b) the application is made by input into an Internet site or a mobile application maintained for that purpose |
* * * * *
| 3 | Collecting identity information provided with a notification of change of employer or agency under section 20A(2) of the Working With Children Act 2005 and verifying the notifying person's identity if the notification is made by input into an Internet site or a mobile application maintained for that purpose | Secretary to the Department of Justice and Community Safety |
| 4 | Collecting identity information provided with a notification of change of personal particulars under regulation 11(1) or (2) of the Working with Children Regulations 2016 and verifying the notifying person's identity if the notification is made by input into an Internet site or a mobile application maintained for that purpose | Secretary to the Department of Justice and Community Safety |
Schedule 3—Secrecy provisions
Regulation 7
1.Section 40 of the Working with Children Act 2005.
═════════════
Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Service Victoria (Transfer of Functions) Regulations 2018, S.R. No. 192/2018 were made on 30 October 2018 by the Governor in Council under section 58 of the Service Victoria Act 2018, No. 14/2018 and came into operation on 1 November 2018: regulation 3.
The Service Victoria (Transfer of Functions) Regulations 2018 will sunset 10 years after the day of making on 30 October 2028 (see section 5 of the Subordinate Legislation Act 1994).
The title of these Regulations was changed from the Service Victoria (Transfer of Functions) Regulations 2018 to the Service Victoria (Transfer of Working with Children Functions) Regulations 2018 by regulation 5 of the Service Victoria (Transfer of Functions) Amendment (Working with Children) Regulations 2019, S.R. No. 132/2019.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Service Victoria (Transfer of Working with Children Functions) Regulations 2018 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Service Victoria (Transfer of Functions) Amendment (Working with Children) Regulations 2019, S.R. No. 132/2019
Date of Making: 3.12.19 Date of Commencement: 5.12.19: reg. 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1] Sch. 1 item 4: S.R. No. 9/2016 as amended by S.R. No. 59/2017.
0
0
0