Service Victoria (Transfer of WorkSafe Victoria Functions) Regulations 2021 (Vic)
Version No. 002
Service Victoria (Transfer of WorkSafe Victoria Functions) Regulations 2021
S.R. No. 12/2021
Version incorporating amendments as at
29 May 2024
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Definitions
5Transferred customer service functions
6Transferred identity verification functions
Schedule 1—Transferred customer service functions
Schedule 2—Transferred identity verification functions
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 002
Service Victoria (Transfer of WorkSafe Victoria Functions) Regulations 2021
S.R. No. 12/2021
Version incorporating amendments as at
29 May 2024
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.
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2Authorising provision
These Regulations are made under section 58 of the Service Victoria Act 2018.
3Commencement
These Regulations come into operation on
15 March 2021.
4Definitions
In these Regulations—
asbestos removal licence has the same meaning as in the Occupational Health and Safety Regulations 2017[1];
blastingexplosives licence means a licence required under regulation 126 of the Dangerous Goods (Explosives) Regulations 2022[2];
construction induction card has the same meaning as in the Occupational Health and Safety Regulations 2017;
dangerous goods driver licence has the same meaning as in the Dangerous Goods (Transport by Road or Rail) Regulations 2018[3];
dangerous goods vehicle licence has the same meaning as in the Dangerous Goods (Transport by Road or Rail) Regulations 2018;
digital token means an authority given, granted or issued by WorkSafe Victoria in digital form in respect of an application and that is accessible through a mobile application maintained for that purpose;
explosives driver licence means a licence required under regulation 109 of the Dangerous Goods (Explosives) Regulations 2022;
fireworks licence means a licence required under regulation 142 of the Dangerous Goods (Explosives) Regulations 2022;
HCDG permit means a permit to have unsupervised access to high consequence dangerous goods issued under regulation 19 of the Dangerous Goods (HCDG) Regulations 2016[4];
high risk work licence has the same meaning as in the Occupational Health and Safety Regulations 2017;
interstate high risk work licence means an equivalent high risk work licence recognised under regulation 131 of the Occupational Health and Safety Regulations 2017;
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;
WorkSafe Victoria means the Victorian WorkCover Authority under the Workplace Injury Rehabilitation and Compensation Act 2013.
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).
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SCHEDULE 1—TRANSFERRED CUSTOMER SERVICE FUNCTIONS
Regulation 5
| Column 1
| Column 2
| Column 3 Service agency from which function is transferred |
| 1 | Receiving and processing the fee payable for an application made by input into an Internet site or mobile application maintained for that purpose— (a) for a blasting explosives licence under regulation 175(1) of the Dangerous Goods (Explosives) Regulations 2022; or (b) to renew a blasting explosives licence under regulation 211 of the Dangerous Goods (Explosives) Regulations 2022; or (c) for a fireworks licence under regulation 175(1) of the Dangerous Goods (Explosives) Regulations 2022; or (d) to renew a fireworks licence under regulation 211 of the Dangerous Goods (Explosives) Regulations 2022; or (e) for an explosives driver licence under regulation 175(1) of the Dangerous Goods (Explosives) Regulations 2022; or (f) to renew an explosives driver licence under regulation 211 of the Dangerous Goods (Explosives) Regulations 2022; or (g) for a dangerous goods driver licence under regulation 197 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018; or (h) to renew a dangerous goods driver licence under regulation 203 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018; or (i) for a dangerous goods vehicle licence under regulation 211 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018; or (j) to renew a dangerous goods vehicle licence under regulation 211 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018; or (k) for a HCDG permit under regulation 18 of the Dangerous Goods (HCDG) Regulations 2016; or (l) to renew a HCDG permit under regulation 20 of the Dangerous Goods (HCDG) Regulations 2016; or (m) for an asbestos removal licence made in accordance with the Occupational Health and Safety Regulations 2017; or (n) to renew an asbestos removal licence under regulation 485 of the Occupational Health and Safety Regulations 2017; or (o) for a high risk work licence made in accordance with the Occupational Health and Safety Regulations 2017; or (p) to renew a high risk work licence under regulation 490 of the Occupational Health and Safety Regulations 2017; or (q) to renew an interstate high risk work licence under regulation 490 of the Occupational Health and Safety Regulations 2017; or (r) for the registration of a plant design under regulation 508 of the Occupational Health and Safety Regulations 2017; or (s) for a construction induction card in accordance with regulation 344 of the Occupational Health and Safety Regulations 2017. | WorkSafe Victoria |
| 2 | Delivering to an applicant a digital token in respect of the following authorities if the application for the authority was made by input into an Internet site or mobile application maintained for that purpose— (a) a blasting explosives licence issued or renewed by WorkSafe Victoria under section 21(1) or 21(4) of the Dangerous Goods Act 1985; (b) a fireworks licence issued or renewed by WorkSafe Victoria under section 21(1) or 21(4) of the Dangerous Goods Act 1985; (c) an explosives driver licence issued or renewed by WorkSafe Victoria under section 21(1) or 21(4) of the Dangerous Goods Act 1985; (d) a dangerous goods driver licence issued or renewed under section 21(1) or section 21(4) of the Dangerous Goods Act 1985; (e) a HCDG permit issued or renewed by WorkSafe Victoria under regulation 19 or 20 of the Dangerous Goods (HCDG) Regulations 2016; | WorkSafe Victoria |
| (f) an asbestos removal licence granted in accordance with the Occupational Health and Safety Regulations 2017 or renewed under regulation 485 of the Occupational Health and Safety Regulations 2017; (g) a high risk work licence granted in accordance with the Occupational Health and Safety Regulations 2017 or renewed under regulation 490 of the Occupational Health and Safety Regulations 2017; (h) an interstate high risk work licence renewed by WorkSafe Victoria under regulation 490 of the Occupational Health and Safety Regulations 2017; (i) a construction induction card issued under regulation 346 of the Occupational Health and Safety Regulations 2017. |
SCHEDULE 2—TRANSFERRED IDENTITY VERIFICATION FUNCTIONS
Regulation 6
| Column 1
| Column 2
| Column 3 Service agency from which function is transferred |
| 1 | Collecting identity information provided with an application, and verifying the applicant's identity, for an application made by input into an Internet site or mobile application maintained for that purpose— (a) for a dangerous goods driver licence under section 21(1) of the Dangerous Goods Act 1985; or (b) to renew a dangerous goods driver licence under section 21(4) of the Dangerous Goods Act 1985; or (c) for an asbestos removal licence made in accordance with the Occupational Health and Safety Regulations 2017; or (d) to renew an asbestos removal licence under regulation 485 of the Occupational Health and Safety Regulations 2017; or (e) for a high risk work licence made in accordance with the Occupational Health and Safety Regulations 2017; or (f) to renew a high risk work licence under regulation 490 of the Occupational Health and Safety Regulations 2017; or | WorkSafe Victoria |
| (g) to renew an interstate high risk work licence under regulation 490 of the Occupational Health and Safety Regulations 2017. |
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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 WorkSafe Victoria Functions) Regulations 2021, S.R. No. 12/2021 were made on 10 March 2021 by the Governor in Council under section 58 of the Service Victoria Act 2018, No. 14/2018 and came into operation on 15 March 2021: regulation 3.
The Service Victoria (Transfer of WorkSafe Victoria Functions) Regulations 2021 will sunset 10 years after the day of making on 10 March 2031 (see section 5 of the Subordinate Legislation Act 1994).
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 WorkSafe Victoria Functions) Regulations 2021 by statutory rules, subordinate instruments and Acts.
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Service Victoria (Miscellaneous) Amendment Regulations 2024, S.R. No. 38/2024
Date of Making: 28.5.24 Date of Commencement: Regs 4–8 on 29.5.24: reg. 3
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3 Explanatory details
[1] Reg. 4 def. of asbestos removal licence: S.R. No. 22/2017 as amended by S.R. No. 71/2018.
[2] Reg. 4 def. of blasting explosives licence: S.R. No. 41/2022 as amended by S.R. No. 69/2023.
[3] Reg. 4 def. of dangerous goods driver licence: S.R. No. 155/2018.
[4] Reg. 4 def. of HCDG permit: S.R. No. 90/2016.
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