Social Services Regulation Act 2021 (Vic)

Version No. 003

Social Services Regulation Act 2021

No. 37 of 2021

Version incorporating amendments as at

19 June 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

Part 2—Social Services Regulator

Division 1—Establishment

4Establishment of Social Services Regulator

5Terms and conditions of appointment

6Regulator represents the Crown

7Objects of Regulator

8Guiding principles

9Regulator is a body corporate

10Vacancy and resignation

11Acting Regulator

12Staff

Division 2—Functions and powers

13Functions and powers of Regulator

14Functions as integrated sector regulator

15Delegation

16Ministerial directions

17Validity of acts or decisions

18Guidelines

Division 3—Reporting obligations of Regulator

19Annual report

20Other reports

Part 3—Registration of social service providers

Division 1—Registration of social service providers

21Application for registration

22Applications withdrawn in certain circumstances

23Decision about application for registration

24Notice of decision to be given to applicant

25Provisional registration

26Conditions of registration

27Application for variation or revocation of condition of registration

28Decision on application for variation or revocation of condition of registration

29Notice of decision to be given to applicant

30Regulator may require notice of change to condition on registration to be given to service users

31Duration of registration

32Exemption—registration

Division 2—Cancellation of registration and winding up

33Application—cancellation

34Cancellation of registration by Regulator

35Notice of winding up

Division 3—The Register

36The Register

37Regulator may decide not to publish certain information in Register

Part 4—Standards and notifications

Division 1—Social Services Standards

Subdivision 1—Social Services Standards

38Effect of this Subdivision

39Standard—safe service delivery

40Standard—service user agency and dignity

41Standard—safe service environment

42Standard—feedback and complaints

43Standard—accountable organisational governance

44Standard—safe workforce

Subdivision 2—Compliance with Social Services Standards

45Compliance with Social Services Standards

46Aggravated contravention of duty to comply with Social Services Standards

Division 2—Notifications

47Registered social service provider to notify Regulator of certain matters

48Notifiable incidents

49Compliance statement

50Regulator may request further information

Part 5—Worker and carer exclusion scheme

Division 1—Preliminary

51Definitions—worker and carer exclusion scheme

Division 2—Conduct that may lead to exclusion

52Conduct that may lead to exclusion

53Regulator to report to Chief Commissioner of Police

54Regulator may obtain information from Victoria Police

Division 3—Preliminary assessment of conduct that may lead to exclusion

55Preliminary assessment by Regulator

56Notice of investigation or referral

Division 4—Investigation of conduct that may lead to exclusion

57Investigation of conduct that may lead to exclusion

58Regulator may suspend or discontinue investigation

59Independent investigators

60Provision of information during investigation

61Concurrent Victoria Police investigation

62Concurrent investigation by other regulatory entity

63Referral on completion of investigation

64Notice of determination or referral

65Report of investigation

66Existing report into conduct may replace investigation

Division 5—Panels

67Panel candidates

68Regulator to convene Panels

69Functions of Panel

70Interim exclusions

71Notice of interim exclusion

72Submissions concerning interim exclusions

73Review of interim exclusion

74Notice of review of interim exclusion

75Panel hearings

76Panel may limit disclosure of information

77Offence to contravene non-publication determination by Panel

78Notice of Panel hearing

Division 6—Panel determinations

79Panel determinations

80Notice of determination

81Effect of exclusion

Division 7—Exclusion under the Worker Screening Act 2020

82Interim WWC exclusions and WWC exclusions

Division 8—WCES database

83Regulator must maintain WCES database

84WCES service provider must ask for database check for proposed WCES workers or carers

85WCES worker or carer must disclose details of employer to Regulator

86Excluded WCES worker or carer must disclose updated personal information to Regulator

87Removal of exclusion from database on expiry

88Removal of exclusion from database on application

Division 9—Offences

89Offence to apply for employment as WCES worker or carer if subject to investigation, referral or exclusion decision

90Offence to provide WCES service while excluded

91Offence to fail to notify employer of investigation or referral

92Offence to employ or engage WCES worker or carer without database check

93Offence to employ or engage excluded person

Division 10—Information gathering and use under worker and carer exclusion scheme

94Notice to produce

95Offence to fail to comply with notice to produce

96Notice to attend

97Offence to fail to comply with notice to attend

98Power to take evidence on oath or affirmation

99Powers relating to documents and things

100Impact of interview or hearing must be mitigated—WCES workers or carers

100AImpact of interview or hearing must be mitigated—WCES service users

100BMitigation of impact of interviews on children

101WCES service provider must provide reasonable assistance

102Regulator may disclose information to Panel or authorised officer or independent investigator

Part 6—Investigation and monitoring

Division 1—Authorised officers and independent investigators

103Appointment of authorised officers

104Regulator may issue directions to authorised officers

105Identity cards for authorised officers and independent investigators

106Requirement to produce identity card

107Complaints about authorised officers or independent investigators

Division 2—Powers to obtain information, etc.

108Power to request information and documents

109Power to obtain information, documents and evidence

110Protection of persons giving certain information

111False or misleading information

Division 3—Powers of entry

Subdivision 1—Entry without search warrant

112Power to enter premises of registered social service providers—monitoring compliance

113Power to enter residential premises with consent

114Power to enter premises of unregistered providers and WCES workers and carers with consent

Subdivision 2—Search warrants

115Issue of search warrant

Subdivision 3—Procedure for entry

116Announcement before exercising power of entry

117Copy of warrant to be given to occupier

118Notice if occupier not present

Subdivision 4—Powers after entry

119General powers of authorised officers

120Persons assisting authorised officers or independent investigators

121Police assistance

122Power to direct persons to produce documents, operate equipment or answer questions

123Legal professional privilege and client legal privilege not affected

124Protection against self-incrimination

125Use or seizure of electronic equipment at premises

126Power to secure electronic equipment

Division 4—Seized documents or things

127Receipts for seized things

128Copies of seized documents

129Return of seized documents and things

130Magistrates' Court may extend 6-month retention period

131Forfeiture, destruction and disposal of seized documents and things

Division 5—Offences relating to obstruction of authorised officers and independent investigators

132Offence to impersonate

133Offence to hinder or obstruct

134Offence to intimidate, threaten or assault

Division 6—Registration offences

135Offence relating to unregistered social service providers

136Offences relating to conditions of registration

Part 7—Enforcement

Division 1—Improvement notices and prohibition notices

Subdivision 1—Improvement notices

137What is an improvement notice?

138Regulator or authorised officer may issue improvement notice

139Form of improvement notice

140Amendment and withdrawal of improvement notice

141Continuing effect of improvement notice

Subdivision 2—Prohibition notices and directions

142What is a prohibition notice?

143Regulator or authorised officer may issue prohibition notice

144Form of prohibition notice

145Verbal direction to cease activity

146Amendment of prohibition notice

147Certification that activity is no longer prohibited

Subdivision 3—Offences and proceedings

148Non-compliance with notice or direction

149Failure to report

150Proceeding for offence not affected by notice or direction

Division 2—Infringement notices

151Infringement notices

Division 3—Enforceable undertakings

152What is an enforceable undertaking?

153Regulator may accept enforceable undertaking from registered social service provider

154Form and commencement of enforceable undertaking

155Notification and publication requirements

156Withdrawal or variation of undertaking

157Compliance with and effect of undertaking

158Enforcement of undertaking

159Contempt of court

Division 4—Public warning notices

160What is a public warning notice?

161Regulator may issue public warning notice

162Form and publication of public warning notice

Division 5—Adverse publicity orders

163What is an adverse publicity order?

164Magistrates' Court may make adverse publicity order

165Publication of public warning notice unaffected by making of adverse publicity order

Division 6—Suspension of service user intake

166What is a suspension of intake notice?

167Regulator may issue suspension of intake notice

168Publication of suspension of intake notice

Division 7—Variation, suspension or revocation of registration

169Variation of registration

170Suspension of registration

171Consequences of suspension of registration

172Revocation of registration

Division 8—Appointment of administrator

173Regulator may appoint administrator to provider

174Period of appointment

175Functions and powers of administrator

176Financially unviable provider

177Provider to pay Regulator costs incurred by appointment of administrator

178Offence to remove equipment or other property without consent of administrator

179Offence to hinder or obstruct administrator

180Offence to dispose of interests without consent of administrator

181Offence to enter into or exercise rights under contracts without consent of administrator

182Offence to issue notice to vacate residents without consent of administrator

183Offence to undertake duty or function of administrator without consent of administrator

184Offence to do prescribed action

185Compensation

186Displacement of other laws—appointment of administrator

Part 8—Information collection, use and disclosure

Division 1—Preliminary

187Definitions

188Meaning of protected information

189Meaning of relevant agency

190Application of this Part to courts and tribunals

191Principles

Division 2—Information sharing

192Disclosure of information

193Sharing of information between relevant agencies

194Collection and use of information

195Duty of relevant agency to assist Regulator

196Regulator may disclose protected information

197Person may disclose information to Regulator

198Further disclosure of confidential information

199Disclosure of compliance or enforcement action

Division 3—Confidentiality notices

200Definitions

201Confidentiality notice

202Service of confidentiality notices

203Regulator or Panel to provide Integrity Oversight Victoria with copies

204Disclosure subject to confidentiality notice

205Regulator may take action if Panel ceases to exist

Division 4—Protection of disclosures made in good faith

206Use and disclosure in good faith protected

Division 5—Relationship of this Part with other Acts

207Relevant agencies to collect, use or disclose information despite other Acts

208Part does not affect handling of confidential information permitted by this Act or other Acts

209Restrictions on access to confidential information

210Exemption from Freedom of Information Act 1982 for Regulator or Panel

Division 6—Offences

211Unauthorised use and disclosure of protected information collected under this Part

212Protection from reprisal

Part 9—Supported residential services

Division 1—Preliminary

213Definitions

214Meaning of supported residential service

215Meaning of prohibited transaction

Division 2—Information for prospective residents and new resident contact information

216Person nominated

217Details of resident's guardian or resident's administrator to be recorded

Division 3—Money of residents

218Management or control of resident's money by provider

219Records of expenditure to be kept

220Statements and access to records

221Provider may give directions relating to resident's money

222Provider or close associate not to be person nominated

223Provider to notify Regulator of offences

Division 4—Residential and services agreements

224Preparation and copies of residential and services agreements

225Changes to residential and services agreements

226Residential and services agreement not to be inconsistent with Act

227Residential and services agreement to be signed by resident etc.

228Termination by agreement

229Termination after order to vacate is made

230Termination on death or abandonment

231Termination on moving out

232Termination with consent

Division 5—Health and support notifications

233Provider must notify Regulator of appropriate health care requirements

234Provider must notify Regulator of personal support requirements

235Enquiries, assessment and further care

Division 6—Prohibited transactions and reportable transactions

236Provider or close associate not to enter into prohibited transactions

237Reportable transactions

238Cooling off period

239Remedies

Division 7—Fees, charges and security deposits

240Offence to request certain payments

241Offence to request or accept security deposit that exceeds a specified amount

242Offence to request or accept fees in advance that exceed a specified amount

243Offence to request or accept reservation fee that exceeds a specified amount

244Offence to request or accept establishment fees that exceed a specified amount

245Offence not to provide prescribed statement in respect of fees etc.

246Offence not to put money into trust account

247Records of money held in trust account

248Fees etc. to remain in trust until required

249Retention of security deposit by provider

250Offence not to return security deposit within 14 days

251Condition report

252Condition report is evidence of state of repair

253Statement relating to use of reservation fees

254Provider must explain fees and charges to resident

255Reservation fees must be applied or refunded

256Application to VCAT for refund of security deposit etc.

257VCAT orders

Division 8—Notices to vacate

Subdivision 1—General

258Contents of notice to vacate

259Giving of notice to vacate

Subdivision 2—Notice to vacate given by provider

260Provider proposes to cease carrying on the supported residential service

261Resident endangers safety of other persons

262Non-payment of fees

263Use of supported residential service for illegal purpose

264Repairs or demolition

265Resident in need of more health care than available

266Resident in need of more personal support than available

267Serious damage

268Serious interruption to quiet and peaceful enjoyment

269Offence not to provide proper notice

Subdivision 3—Notice by resident

270Notice of resident's intention to vacate supported residential service

271Offence to require more than 28 days notice of intention to leave supported residential service

Subdivision 4—Enforcement

272Resident may apply to VCAT

273What can VCAT order?

274Application by provider for order to vacate

275Time for application for order to vacate

276VCAT must make order to vacate in certain circumstances

277Application for order to vacate to be dismissed or adjourned in certain circumstances

278Order to vacate not to be made in certain circumstances

279Contents of an order to vacate

280Issue of warrant to remove resident

281Warrant to remove resident

282Lapsing of order to vacate and lapsing or cancellation of warrant to remove resident

283Execution of warrant

Part 10—General provisions

Division 1—Preliminary

284Definition

Division 2—Annual report of operations

285Additional information for annual report of operations

Division 3—Review

Subdivision 1—Internal review

286Reviewable decisions—internal review

287Regulator may stay operation of decision subject to application for internal review

288Outcome of internal review

289Notice of outcome of internal review

Subdivision 2—VCAT review

290Reviewable decisions—VCAT

291Application to VCAT for review

Division 4—Liability for offences

292Conduct of employee, agent or officer taken to be conduct of body corporate

293Criminal liability of officers of bodies corporate—accessorial liability

294Offences by unincorporated bodies, partnerships etc.

Division 5—Proceedings and legal matters

Subdivision 1—Criminal proceedings

295Who may commence proceedings for an offence?

296Time for commencing proceedings

Subdivision 2—Civil penalties

297Civil penalty provision

298Civil penalty orders

299Civil proceedings after criminal proceedings

300Criminal proceeding during proceeding for a civil penalty order

301Criminal proceeding commenced after proceeding for civil penalty order

302Evidence given or produced during proceeding for civil penalty order

303Jurisdictional limit of Magistrates' Court does not apply to civil penalty order

304Recovery of a pecuniary penalty

Subdivision 3—Other

305Service of documents

306Service of documents—alternative to attendance

307Court may consider impact statements

Division 6—Compliance codes

308Compliance codes

309Content of compliance codes

310Communication of compliance codes

311Effect of compliance with compliance codes

312No liability for failure to comply with compliance codes

Division 7—Evidentiary matters

313Evidence as to age

314Evidentiary reports

315Evidentiary certificates

Division 8—Regulation-making powers

316Regulations

Division 9—Review of Act

316AReview of Act

Part 11—Transitional and savings provisions

Division 1—Preliminary

317Definitions

Division 2—General

318Exemptions from offence relating to unregistered service providers—prescribed social services

Division 3—Children, Youth and Families Act 2005

Subdivision 1—General transitional provisions

319Investigation of conduct engaged in before the commencement of Part 5

320Deemed exclusion decisions

321Exemptions from offence relating to unregistered service providers—secure welfare services

322Pending applications for registration as community service

323Pending applications for renewal of registration

324Variation of registration by Regulator

325Pending revocation

326Pending investigations

327Appointment of administrator

328Community service registrations

330Transfer of information to Regulator

Subdivision 2—Continued operation of Suitability Panel

330ADefinitions

330BSuitability Panel may continue and complete pending matters during transitional period

330CMembers and executive officer of Suitability Panel

330DAppointment of members and employment of executive officer

330ELimitations on membership of Suitability Panel and Panels convened under Part 5

330FNotice of a finding or determination during transitional period

330GDeemed exclusion provisions—transitional period

330HReview by VCAT of decisions during transitional period

Division 4—Disability Act 2006

331Transfer of information to Regulator

332Disability service provider registrations

333Pending applications for registration as disability service provider

334Pending applications for renewal of registration of disability service provider

335VCAT review

336Variation of registration by Regulator

337Pending revocation

338Appointments

Division 5—Supported Residential Services (Community Visitors) Act 2010

339Transfer of information to Regulator

340Supported residential service registrations

341Pending applications for registration as supported residential service

342Variation of registration by Regulator

343Pending cancellation

344Pending revocation

345Undertakings

346Compliance notices

347Appointment of administrator

Division 6—Transitional regulations

348Transitional regulations

Part 12—Consequential amendments

Division 1—Child Wellbeing and Safety Act 2005

349Definitions

350New section 16UA inserted

Division 2—Children, Youth and Families Act 2005

351Delegation

352Part 3.4 repealed

Division 3—Disability Act 2006

353Definitions

354Persons with an intellectual disability

354AMatter may be referred

355Disclosure, use or transfer of protected information

355AUse, transfer or disclosure of information relating to disability services or disability service providers

356Disclosure of information about worker screening.

357Sections 40 to 48 repealed

358Division 3 of Part 4 repealed

360ADivision 1 of Part 6 repealed

361Heading to Division 3 of Part 6 amended

362Sections 97 and 98 repealed

363Power of Secretary to give directions

364Division 4 of Part 6 repealed

365Sections 103A and 104 repealed

366Report on complaints

367Section 106 repealed

367ASenior Practitioner to notify Secretary or NDIS Commissioner

367BPowers of Public Advocate

368Delegation

369Special powers of Secretary

Division 4—Supported Residential Services (Private Proprietors) Act 2010

370Principal Act

371Title of Supported Residential Services (Private Proprietors) Act 2010 substituted

372Purpose

373Definitions

374Sections 4 and 5 repealed

375Principles

376Parts 3 to 8 repealed

377Offence to unreasonably refuse assistance

378Offence not to give full and true answers

379Offence to assault, obstruct or threaten community visitor

380Request to see community visitor

381Record of visits

382Sections 197, 198 and 202 repealed

383Service of notice and other documents

384Delegation

385Sections 205 and 206 repealed

386Regulations

387Sections 212, 215, 216, 217 and 218 repealed

Division 5—Consequential amendments to other Acts

388Accident Compensation Act 1985

389Crimes Act 1958

390Disability Act 2006

391Duties Act 2000

392Education and Training Reform Act 2006

393Guardianship and Administration Act 2019

394Health Services Act 1988

395Land Tax Act 2005

396Medical Treatment Planning and Decisions Act 2016

397Public Administration Act 2004

398Residential Tenancies Act 1997

399Tobacco Act 1987

400Transport Accident Act 1986

401Workplace Injury Rehabilitation and Compensation Act 2013

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 003

Social Services Regulation Act 2021

No. 37 of 2021

Version incorporating amendments as at

19 June 2025

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to establish the Social Services Regulator; and

(b)to specify the objects, functions and powers of the Social Services Regulator; and

(c)to provide for the registration of social service providers; and

(d)to require registered social service providers to comply with the Social Services Standards; and

(e)to establish the worker and carer exclusion scheme; and

(f)to regulate providers of supported residential services; and

(g)to enable the Regulator and authorised officers to ensure compliance with this Act; and

(h)to provide for the collection, use and disclosure of information for the purposes of this Act; and

(i)to make consequential amendments to the Children, Youth and Families Act 2005, the Disability Act 2006, the Supported Residential Services (Private Proprietors) Act 2010 and to other Acts.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 July 2024, it comes into operation on that day.

3Definitions

(1)In this Act—

administration period means the period during which an administrator is appointed to a social service provider under Division 8 of Part 7;

adverse publicity order has the meaning given by section 163;

authorised officer means a person appointed under section 103;

business day means a day other than a Saturday, Sunday or public holiday;

care leaver means a person who has been, but is no longer, in out of home care;

Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

child means a person who is under the age of 18 years;

Child Safe Standards has the same meaning as in the Child Wellbeing and Safety Act 2005;

civil penalty order means an order made under section 298;

civil penalty provision means a provision set out in the table in section 297;

Commission for Children and Young People means the Commission for Children and Young People established by section 6 of the Commission for Children and Young People Act 2012;

compliance code means a compliance code approved under section 308;

conditions of registration means a condition imposed on a registration under Division 1 of Part 3;

conduct that may lead to exclusion has the meaning given in section 52;

employing or engaging, in relation to a WCES worker or carer, includes (but is not limited to) approving a person to act as a foster carer;

enforceable undertaking has the meaning given by section 152;

exclusion decision means—

(a)a determination by the Panel under section 79(1)(a) that a person is excluded from providing WCES services or a class of WCES services; or

(b)the issue of an interim exclusion under section 70 to a WCES worker or carer; or

(c)the giving of a WWC exclusion or an interim WWC exclusion under the Worker Screening Act 2020; or

(d)a prescribed decision;

harm includes harm of a physical, sexual, emotional, psychological, financial or cultural nature;

identity card means an identity card issued to an authorised officer or an independent investigator under section 105;

improvement notice has the meaning given by section 137;

independent investigator means an independent body or person engaged by the Regulator under section 59;

integrated sector regulator has the same meaning as in the Child Wellbeing and Safety Act 2005;

interim WWC exclusion has the same meaning as in the Worker Screening Act 2020;

law enforcement agency means—

(a)Victoria Police; or

(b)the Commissioner employed under section 8A of the Corrections Act 1986; or

(c)the Director, Fines Victoria employed under section 4 of the Fines Reform Act 2014; or

(d)the Business Licensing Authority established under Part 2 of the Business Licensing Authority Act 1998; or

(e)a commission established by a law of Victoria with the function of investigating matters relating to criminal activity generally or of a specified class or classes; or

(f)the Chief Examiner and Examiners appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; or

(g)the IBAC within the meaning of the Independent Broad-based Anti‑corruption Commission Act 2011; or

(h)the sheriff within the meaning of the Sheriff Act 2009; or

(i)Integrity Oversight Victoria within the meaning of the Integrity Oversight Victoria Act 2011; or

(j)the Adult Parole Board established by section 61 of the Corrections Act 1986; or

(k)the Post Sentence Authority continued in existence by section 290 of the Serious Offenders Act 2018; or

(l)the Youth Parole Board within the meaning of the Children, Youth and Families Act 2005; or

(m)an agency responsible for the performance of functions or activities directed to—

(i)the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or

(ii)the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such laws, or of orders made under such laws; or

(n)an agency responsible for the execution or implementation of an order or decision made by a court or tribunal; or

(o)an agency that provides correctional services, including a contractor within the meaning of the Corrections Act 1986, or a subcontractor of that contractor, but only in relation to a function or duty or the exercise of a power conferred on it by or under that Act; or

(p)an agency responsible for the protection of the public revenue under a law administered by it;

occupier, in relation to premises, means a person who—

(a)is or appears to be 16 years of age or over; and

(b)is or appears to be in control of the premises;

out of home care means care of a child by a person other than a parent of the child;

Panel means a Panel convened under section 68;

parent, in relation to a child, includes—

(a)the father and mother of the child; and

(b)the spouse of the father or mother of the child; and

(c)the domestic partner of the father or mother of the child; and

(d)any person who has parental responsibility for the child, other than the Secretary; and

(e)a person whose name is entered as the father of the child in the register of births in the Register maintained by the Registrar of Births, Deaths and Marriages under Part 7 of the Births, Deaths and Marriages Registration Act 1996; and

(f)a person who acknowledges that he is the father of the child by an instrument of the kind described in section 8(2) of the Status of Children Act 1974; and

(g)a person in respect of whom a court has made a declaration or a finding or order that the person is the father of the child;

personal support means the provision of one or more of the following—

(a)assistance with personal hygiene, toileting or dressing;

(b)assistance to achieve and maintain mobility;

(c)support to seek out and maintain contact with health professionals, social networks, family, friends and the community;

(d)emotional wellbeing support;

(e)assistance with or supervision in administering medication;

(f)assistance with eating and maintaining adequate nutrition;

prohibition notice has the meaning given by section 142;

protected information has the meaning given in section 188;

public authority means any body (including any trust) established by or under an Act for a public purpose, other than a Council within the meaning of the Local Government Act 2020;

public warning notice has the meaning given by section 160;

registered social service provider means a social service provider registered under Division 1 of Part 3;

Register means the Register kept under section 36;

Regulator means the Social Services Regulator established under section 4;

relevant agency has the meaning given in section 189;

relevant entity has the same meaning as in the Child Wellbeing and Safety Act 2005;

reportable conduct scheme has the same meaning as in the Child Wellbeing and Safety Act 2005;

resident (except in Part 9) means—

(a)a resident within the meaning of the Disability Act 2006; and

(b)a resident of a supported residential service within the meaning set out in section 214, other than a designated public hospital;

Secretary means the Secretary to the Department of Families, Fairness and Housing;

sector regulator has the same meaning as in the Child Wellbeing and Safety Act 2005;

serious harm means harm, whether a single instance of harm or repeated or persistent instances of harm, that results in one or more of the following—

(a)death;

(b)loss of a foetus;

(c)permanent or long-term serious impairment;

(d)permanent or long-term serious disfigurement;

(e)permanent or long-term severe psychological injury or developmental delay;

service requirements means service requirements prescribed for the purposes of section 45;

service user means—

(a)a child (including an unborn child) who is at risk of harm or is in need of protection; or

(b)a care leaver; or

(c)a person with a disability within the meaning of section 3(1) of the Disability Act 2006; or

(d)a resident of a supported residential service within the meaning of section 214; or

(e)a person who is at risk of, or who has experienced, family violence (within the meaning of section 5 of the Family Violence Protection Act 2008), sexual assault or any other sexual offence; or

(f)a person who has committed family violence (within the meaning of section 5 of the Family Violence Protection Act 2008), sexual assault or any other sexual offence; or

(g)a person who is experiencing or is at risk of homelessness, including a homeless person within the meaning of section 3(1) of the Children, Youth and Families Act 2005; or

(h)a prescribed person or class of persons who are subject to social disadvantage; or

(i)a family member or other person who has provided support to, or received support or social services with, any person referred to in paragraphs (a) to (h);

social service means a social service or activity that is prescribed to be a social service for the purposes of this Act;

Social Services Standards means the Social Services Standards set out in Subdivision 1 of Division 1 of Part 4;

spouse of a person means the person to whom the person is married;

suspension of intake notice has the meaning given by section 166;

Victoria Police has the same meaning as in the Victoria Police Act 2013;

WCES database means the database established under section 83;

WCES service means a service to which the worker and carer exclusion scheme is prescribed to apply;

WCES service provider means a body that is prescribed to be a WCES service provider for the purposes of this Act;

WCES service user means a person who—

(a)is receiving or has received WCES services from a WCES service provider; or

(b)is seeking or has sought WCES services from a WCES service provider, whether or not the person received those WCES services;

WCES worker or carer means a person employed or engaged to provide a WCES service and includes, but is not limited to, a person approved by a WCES service provider to act as a foster carer;

worker and carer exclusion scheme means the scheme set out in Part 5;

WWC clearance has the same meaning as in the Worker Screening Act 2020;

WWC exclusion has the same meaning as in the Worker Screening Act 2020.

(2)In this Act, domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)for fee or reward; or

(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation).

(3)For the purposes of the definition of domestic partner in subsection (2)—

(a)registered relationship has the same meaning as it has in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co-tenants.

PART 2—SOCIAL SERVICES REGULATOR

Division 1—Establishment

4Establishment of Social Services Regulator

(1)The Social Services Regulator is established.

(2)The Social Services Regulator is to be appointed by the Governor in Council on the recommendation of the Minister.

5Terms and conditions of appointment

(1)The Regulator—

(a)holds office for a term, not exceeding 5 years, specified in the instrument of appointment; and

(b)is appointed on the terms and conditions that are specified in the instrument of appointment.

(2)The instrument of appointment must specify—

(a)the remuneration and allowances (if any) of the Regulator; and

(b)whether the Regulator is appointed on a full‑time or part-time basis.

(3)The Public Administration Act 2004 (other than Part 3 of that Act) applies to the Regulator in respect of that office.

(4)If the Regulator was, immediately prior to appointment to that office, an officer within the meaning of the State Superannuation Act 1988, the Regulator, despite that appointment, continues to be an officer within the meaning of, and subject to, that Act.

(5)The Regulator may be re-appointed.

6Regulator represents the Crown

In performing its functions and exercising its powers, the Regulator represents the Crown.

7Objects of Regulator

The objects of the Regulator are—

(a)to monitor and enforce compliance with the requirements of this Act and the regulations relating to the safe delivery of social services; and

(b)to protect the rights of service users; and

(c)to minimise risks of avoidable harm caused by abuse or neglect in connection with the delivery of social services; and

(d)to promote and support the delivery of safe and effective social services; and

(e)to encourage a culture of continuous quality improvement in the provision of social services; and

(f)to provide confidence to service users and the community in the safety and quality of social services.

8Guiding principles

The Regulator, in carrying out a function or power under this Act or any other Act, must—

(a)have regard to the paramount consideration, the protection of service users; and

(b)enforce compliance by registered social service providers with the Social Services Standards; and

(c)act in a transparent, accountable, efficient, effective and fair way; and

(d)make decisions using an intelligence-led and integrated approach that is proportionate to risk and minimises regulatory burden; and

(e)work collaboratively with other relevant agencies, service users, registered social service providers and the community to ensure the safe delivery of social services; and

(f)ensure that restrictions on registered social service providers or WCES workers or carers are only imposed to the extent necessary or desirable to achieve the Regulator's objects; and

(g)reduce regulatory burden, where appropriate, by—

(i)recognising compliance by registered social service providers with other regulatory schemes; and

(ii)aiming for consistent approaches to decision-making with other regulatory schemes; and

(iii)if possible, giving effect to prescribed decisions about WCES workers or carers made by other relevant regulatory entities; and

(h)liaise with other relevant agencies and regulatory entities to avoid, as far as possible, unnecessary duplication in the investigation of social service providers; and

(i)provide, where appropriate, social service providers with guidance and education regarding their duties and obligations under this Act and how social service providers may comply with those duties and obligations.

9Regulator is a body corporate

(1)The Regulator and the Regulator's successors in office, subject to this Act, are to be a body corporate under the name of the "Social Services Regulator" and by that name—

(a)has perpetual succession; and

(b)has an official seal; and

(c)may sue and be sued; and

(d)may acquire, hold and dispose of real and personal property; and

(e)may do and suffer all acts and things that a body corporate may by law do and suffer.

(2)The official seal must be kept as directed by the Regulator and must not be used except as authorised by the Regulator.

(3)All courts must take judicial notice of the official seal on a document and, until the contrary is proved, must presume that the document was properly sealed.

10Vacancy and resignation

(1)The office of the Regulator becomes vacant if the Regulator—

(a)resigns by notice in writing to the Minister; or

(b)becomes insolvent under administration; or

(c)is convicted or found guilty of an indictable offence (or an offence that, if committed in Victoria, would be an indictable offence); or

(d)is removed from office under subsection (2); or

(e)nominates for election for, or is elected to—

(i)the Parliament of Victoria; or

(ii)the Parliament of the Commonwealth or of another State or Territory of the Commonwealth; or

(iii)a Council within the meaning of section 3(1) of the Local Government Act 2020.

(2)The Governor in Council, on the recommendation of the Minister, may remove the Regulator from office.

(3)The Minister may recommend that the Governor in Council remove the Regulator from office on any of the following grounds—

(a)misconduct in carrying out the duties of the office;

(b)failing to disclose a material conflict of interest;

(c)neglect of duty;

(d)inability to perform the duties of the office;

(e)the Regulator has engaged in paid employment outside the duties of the office without the consent of the Minister.

11Acting Regulator

(1)The Governor in Council may appoint a person to act as the Regulator for a period of not more than 6 months if—

(a)the office of the Regulator is vacant; or

(b)the Regulator is absent or, for any other reason, is unable to perform the duties of the office of the Regulator.

(2)The Minister may appoint a person to act as the Regulator for a period of not more than 6 months if the Regulator is absent.

(3)The acting Regulator has and may exercise all the powers, and must perform all the functions and duties, of the Regulator.

(4)A person appointed as acting Regulator by the Governor in Council is entitled to any remuneration and allowances determined from time to time by the Governor in Council.

(5)A person appointed as acting Regulator by the Minister is entitled to any remuneration and allowances determined by the Minister.

(6)The Governor in Council may at any time revoke an acting appointment made by the Governor in Council.

(7)The Minister may at any time revoke an acting appointment made by the Minister.

12Staff

(1)There may be employed under Part 3 of the Public Administration Act 2004 any persons who are necessary to assist the Regulator in exercising a power or performing a duty or function under this Act or any other Act.

(2)The Regulator may enter into an agreement or arrangement with any person for the use of services by that person to assist the Regulator in exercising a power or performing a duty or function under this Act or any other Act.

(3)An agreement or arrangement under subsection (2)—

(a)must be with a person who has suitable qualifications or experience to provide the service; and

(b)is to be subject to any terms and conditions that the Regulator is satisfied are appropriate; and

(c)may include, but is not limited to, services provided by—

(i)Australian legal practitioners; and

(ii)independent investigators in relation to worker and carer exclusion scheme investigations.

Division 2—Functions and powers

13Functions and powers of Regulator

(1)The Regulator has the following functions—

(a)to monitor and enforce compliance with the Social Services Standards;

(b)to register providers of social services;

(c)to publish information about registered social service providers on, and maintain, the Register;

(d)to support registered social service providers' compliance with this Act by providing information, support and guidance to service providers, including by issuing—

(i)guidelines; and

(ii)compliance codes;

(e)to administer the worker and carer exclusion scheme (including the database of excluded workers and carers), based on a procedurally fair process for investigating and determining whether workers pose unjustifiable risks of harm to service users;

(f)to collect and analyse information about whether the Regulator's objects are being achieved;

(g)to share information for the purposes of—

(i)effectively utilising regulatory intelligence; and

(ii)coordinating government responses in relation to social services; and

(iii)reducing regulatory burden (where appropriate);

(h)to provide recommendations, reports and advice at the request of the relevant Minister;

(i)any other functions conferred under this Act or any other Act.

(2)The Regulator has all the powers that are necessary or convenient to perform the functions of the Regulator under this Act or any other Act.

14Functions as integrated sector regulator

(1)The Regulator has the following functions—

(a)in relation to relevant entities for which the Regulator is an integrated sector regulator—

(i)provide education, information and advice on the Child Safe Standards to promote consistency in child safety outcomes; and

(ii)investigate, monitor and enforce compliance with the Child Safe Standards by relevant entities for which it is an integrated sector regulator; and

(iii)collect, analyse and publish information and data regarding compliance with the Child Safe Standards by those relevant entities and provide that information and data to the Commission for Children and Young People as required; and

(iv)promote continuous improvement by relevant entities in relation to the safety of children, the prevention of child abuse and the proper response to allegations of child abuse;

(b)exchange information and collaborate with persons and bodies in relation to the safety of children and compliance with the Child Safe Standards;

(c)work collaboratively with the Commission for Children and Young People, sector regulators and other integrated sector regulators in relation to the safety of children and compliance with the Child Safe Standards.

(2)In carrying out functions under subsection (1) in respect of a relevant entity for which the Regulator is an integrated sector regulator, the Regulator must consider the most effective means of promoting compliance by the relevant entity with the Child Safe Standards.

(3)In carrying out functions under subsection (1) in respect of a relevant entity for which the Regulator is an integrated sector regulator, the Regulator may exercise any power of the Regulator under Part 6 or 7 (other than Subdivision 2 of Division 1 of Part 7 and Divisions 4, 6, 7 and 8 of Part 7) as if—

(a)a reference to "a registered social service provider" were a reference to "a relevant entity"; and

(b)a reference to a contravention of or failure to comply with (however described) "a provision of this Act" were a reference to a contravention of or failure to comply with "the Child Safe Standards".

(4)Without limiting subsection (3), the Regulator may, when appointing an authorised officer under section 103, specify functions, duties or powers for that authorised officer that relate to the investigation, monitoring or enforcement of the Child Safe Standards.

(5)An authorised officer described in subsection (4) may, subject to the instrument of their appointment, exercise any power of an authorised officer under Part 6 or 7 (other than Subdivision 2 of Division 1 of Part 7 and Divisions 4, 6, 7 and 8 of Part 7) as if—

(a)a reference to "a registered social service provider" were a reference to "a relevant entity"; and

(b)a reference to a contravention of or failure to comply with (however described) "a provision of this Act" were a reference to a contravention of or failure to comply with "the Child Safe Standards".

(6)Without limiting subsection (1)(b), the Regulator may exchange information and collaborate with persons and bodies with functions or powers under a law of another State, a Territory or the Commonwealth relating to the monitoring or enforcement of compliance with standards (however described) that correspond to the Child Safe Standards.

15Delegation

(1)The Regulator, by instrument, may delegate to any of the following persons or class of persons any function, duty or power of the Regulator, other than a prescribed function, duty or power or this power of delegation—

(a)a person or class of persons employed by the Regulator under Part 3 of the Public Administration Act 2004 for the purposes of the Regulator's functions;

(b)a person or class of persons that the Regulator has entered an agreement or arrangement with under section 12(2).

Note

Section 42A(1)(b) of the Interpretation of Legislation Act 1984 provides that a person delegating a power or function may specify conditions or limitations on the exercise of the power or function by the delegate.

(2)The Regulator must not delegate any function or power of the Regulator to a temporary employee (whether on secondment or otherwise) of the office of the Regulator who—

(a)is a registered social service provider; or

(b)is employed by a registered social service provider.

16Ministerial directions

(1)The Regulator is subject to the general direction and control of the Minister.

(2)The Minister is not to give directions to the Regulator about a specific regulatory matter.

(3)The Regulator must publish any directions given by the Minister under subsection (1)—

(a)on the Internet site of the Regulator; and

(b)in the Regulator's annual report.

17Validity of acts or decisions

An act or decision of the Regulator is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Regulator.

18Guidelines

(1)Subject to subsection (5), the Regulator may from time to time issue guidelines in relation to matters relevant to the exercise of its functions under this Act.

(2)Guidelines issued under subsection (1) must not—

(a)be inconsistent with this Act or the regulations; and

(b)extend, change or limit any other Act or law.

(3)The Regulator must publish guidelines issued under subsection (1) on the Internet site of the Regulator.

(4)Guidelines issued under subsection (1) are admissible as evidence in proceedings under this Act or regulations made under this Act, including evidence of what a registered social service provider knew, or ought reasonably to have known, about—

(a)the risks of harm to service users; and

(b)ways of removing or reducing the risks referred to in paragraph (a); and

(c)the risks of contravening the rights of service users.

(5)The Regulator must not issue guidelines under subsection (1) unless the Regulator has first consulted on the proposed guidelines in accordance with the prescribed requirements (if any).

Division 3—Reporting obligations of Regulator

19Annual report

(1)Before 31 October in each year the Regulator must give to the Minister a report relating to the 12 months ending on 30 June in that year concerning—

(a)a review of the activities and outcomes of the Regulator in performing the Regulator's functions; and

(b)prescribed information relating to the exercise of specific powers; and

(c)any other information required by the Minister.

(2)The Minister must cause a copy of a report under subsection (1) to be laid before each House of Parliament within 14 sitting days of each House of Parliament after the report is received by the Minister, or if neither House is sitting, to be given to the clerk of each House.

(3)If the Minister proposes to give the report to the clerk of each House, the Minister must—

(a)give at least one business day's notice of the Minister's intention to do so to the clerk of each House; and

(b)give a copy of the report to the clerk of each House on the day indicated in the notice; and

(c)cause the report to be published on an Internet site of the Victorian Government as soon as practicable after giving the report to the clerk of each House.

(4)The clerk of each House must—

(a)notify each member of the House of the receipt of notice under subsection (3)(a) on the same day that the clerk receives that notice; and

(b)make available copies of the report for each member of the House as soon as practicable after the report is received under subsection (3)(b); and

(c)cause the report to be laid before the House on the next sitting day of the House.

(5)A copy of a report that is given to the clerks under subsection (3)(b) is taken to have been published by order, or under the authority, of the Houses of Parliament.

(6)The publication of a copy of a report in accordance with this section is absolutely privileged and the provisions of sections 73 and 74 of the Constitution Act 1975 and of any other enactment or rule of law relating to the publication of the proceedings of Parliament apply to and in relation to the publication of the copy of the report as if it were a report to which those sections applied and had been published by the Government Printer under the authority of Parliament.

20Other reports

(1)When required by the Minister, the Regulator must give the Minister a report on—

(a)the operation of the Regulator's functions and powers; and

(b)subject to subsection (2), any other information required by the Minister.

(2)The Regulator is not required to give the Minister a report about a current regulatory matter if that report may compromise an investigation under this Act.

PART 3—REGISTRATION OF SOCIAL SERVICE PROVIDERS

Division 1—Registration of social service providers

21Application for registration

(1)A person, or a person on behalf of an unincorporated body, may apply for registration to provide one or more types of social service as a registered social service provider.

(2)An application must—

(a)be in the form approved by the Regulator; and

(b)be accompanied by—

(i)the relevant fee; and

(ii)the prescribed information (if any); and

(iii)any other information that the Regulator considers is reasonably required to determine the application.

(3)The Regulator, by written notice given to the applicant, may request further information from an applicant to support the application.

(4)On a request under subsection (3) and subject to subsection (5), the applicant must give the Regulator the further information, in writing, within the prescribed time.

(5)The Regulator may refuse to grant an application for registration if an applicant does not give the further information requested under subsection (3) to the satisfaction of the Regulator within the prescribed time.

22Applications withdrawn in certain circumstances

(1)If—

(a)the Regulator has given an applicant 2 or more notices in writing requesting further information under section 21(3); and

(b)the applicant has failed to provide the requested information, in writing, within the prescribed time—

the Regulator may give notice in writing to the applicant requiring that the requests be complied within 14 days after the date of that notice or the application will be taken to have been withdrawn.

(2)An application under this Part is taken to be withdrawn if an applicant fails to comply with a request for further information within 14 days of the date of a notice given under subsection (1).

23Decision about application for registration

After considering an application for registration that meets the requirements of section 21(2) and any further information under section 21, the Regulator must either—

(a)if the applicant meets the prescribed requirements for registration, register the applicant in the class of social service for which the application was made; or

(b)if the applicant does not meet the prescribed requirements for registration, refuse to register the applicant.

24Notice of decision to be given to applicant

(1)The Regulator must give the applicant written notice of the Regulator's decision on the application for registration within the later of—

(a)60 days after receiving an application, being an application in accordance with the requirements of section 21(2); or

(b)if the Regulator has requested any further information under section 21(3), 28 days after the information last requested is given to the Regulator.

(2)A notice under subsection (1) must include the reasons for the decision.

25Provisional registration

(1)The Regulator may grant a person providing a social service, or a person on behalf of an unincorporated body providing a social service, provisional registration in the prescribed circumstances.

(2)The Regulator may make a provisional registration granted under subsection (1) subject to conditions.

(3)The Regulator may exempt a person granted provisional registration from complying with any prescribed requirement under this Part.

(4)The Regulator may grant a provisional registration for a period of not more than 88 days.

26Conditions of registration

(1)The Regulator may impose a condition on a registration of a social service provider under this Part at any time.

(2)Without limiting subsection (1), the Regulator may impose a condition on a registration that relates to—

(a)the types of social services the registered social service provider may provide; or

(b)operating hours in which social services are provided; or

(c)the premises from which social services are provided; or

(d)the number of service users being provided a social service; or

(e)classes of service users to whom social services may be delivered.

(3)The Regulator may vary a condition on a registration imposed under subsection (1) at any time.

(4)If a registered social service provider is a relevant entity for which the Regulator is an integrated sector regulator, it is a condition on the registration of the social service provider that it must comply with the Child Safe Standards.

(5)Before imposing or varying a condition on the registration of a registered social service provider under subsection (1) or (3), the Regulator must give written notice to the service provider of its intention to impose or vary the condition.

(6)The service provider may make written submissions to the Regulator on the proposed imposition or variation of a condition within 28 days after receiving a notice under subsection (5).

(7)The Regulator must consider any submission received under subsection (6) before imposing or varying a condition under subsection (1) or (3).

27Application for variation or revocation of condition of registration

(1)A registered social service provider may apply to the Regulator for a variation or revocation of any condition imposed under section 26(1) to which the service provider's registration is subject.

(2)An application must—

(a)be in the form approved by the Regulator; and

(b)be accompanied by—

(i)the relevant fee; and

(ii)the prescribed information (if any); and

(iii)any other information that the Regulator considers is reasonably required to determine the application.

(3)The Regulator, by written notice given to the applicant, may request further information from an applicant to support the application.

(4)On a request under subsection (3) and subject to subsection (5), the applicant must give the Regulator the further information, in writing, within the prescribed time.

(5)The Regulator may refuse to grant an application for a variation or revocation of the condition if the applicant does not give the further information requested under subsection (3) to the satisfaction of the Regulator within the prescribed time.

28Decision on application for variation or revocation of condition of registration

(1)After receiving an application for variation or revocation of a condition of registration under section 27, the Regulator must—

(a)grant the variation or revocation (as the case requires); or

(b)refuse the variation or revocation (as the case requires).

(2)The Regulator may only grant a variation or revocation under subsection (1) if it is reasonably satisfied that there has been, or if the variation or revocation is granted, will be a change that materially impacts the services delivered by the registered social service provider.

29Notice of decision to be given to applicant

(1)The Regulator must give the applicant written notice of the Regulator's decision on the application for variation or revocation of a condition of registration within 60 days after receiving an application in accordance with the requirements of section 27(2).

(2)A notice under subsection (1) must include the reasons for the decision.

30Regulator may require notice of change to condition on registration to be given to service users

(1)The Regulator may require a registered social service provider to give notice of any of the following to any or all service users who have been provided a social service by the registered social service provider—

(a)an imposed or varied condition on the registered social service provider's registration under section 26(1);

(b)a varied or revoked condition on the registered social service provider's registration under section 28.

(2)A notice under subsection (1) must be given to the persons and in the manner determined by the Regulator.

(3)A registered social service provider must comply with a requirement under subsection (1).

31Duration of registration

Registration (other than provisional registration) as a social service provider continues in force until the registration is suspended, cancelled or revoked in accordance with this Act.

32Exemption—registration

The Regulator may exempt a person or class of person providing a social service, or a person on behalf of an unincorporated body or class of unincorporated bodies providing a social service from any requirement of registration under this Part that is specified in a written notice given to the person.

Division 2—Cancellation of registration and winding up

33Application—cancellation

(1)A registered social service provider may apply to the Regulator to cancel the registration of the social service provider.

(2)On an application under subsection (1), the Regulator may—

(a)cancel the applicant's registration as a social service provider; or

(b)refuse to cancel the applicant's registration as a social service provider.

(3)The Regulator must give the applicant written notice of the Regulator's decision under subsection (2).

34Cancellation of registration by Regulator

(1)The Regulator may cancel the registration of a registered social service provider—

(a)if the registered social service provider no longer provides the services for which it is registered to provide; or

(b)in any other circumstances that the Regulator considers it appropriate to do so.

(2)Before the Regulator cancels registration under subsection (1)—

(a)the Regulator must give written notice to the service provider of—

(i)its intention to cancel the registration; and

(ii)the reason for the cancellation; and

(b)the service provider must be given the opportunity to make submissions to the Regulator for a period of 14 days after receiving the notice.

(3)The Regulator must consider any submission received under subsection (2)(b) before cancelling registration under subsection (1).

35Notice of winding up

(1)A registered social service provider must give at least 28 days written notice to the Regulator before commencing any proceeding to wind up the registered social service provider.

(2)A registered social service provider, as soon as reasonably practicable after becoming aware of the existence of any circumstance giving rise to an obligation on the service provider under a law of a State or Territory or of the Commonwealth to commence winding up proceedings, must give notice to the Regulator of the circumstance.

(3)A registered social service provider, after becoming aware of the commencement of proceedings by any other person to wind up the service provider, must immediately give notice to the Regulator of the proceedings.

(4)If the registered social service provider gives notice under this section and the service provider provides a service user with accommodation, the service provider must take all reasonable steps to arrange the provision of the following to the service user by another service provider—

(a)accommodation;

(b)any other services that the registered social service provider was providing to the service user before giving notice under this section.

Division 3—The Register

36The Register

(1)The Regulator must keep a Register that includes the following information about each registered social service provider—

(a)the name of the registered social service provider, including any trading name;

(b)the street address of the registered social service provider;

(c)the contact information of the registered social service provider;

(d)each type of social service for which the registered social service provider is registered;

(e)any conditions of registration;

(f)details of any enforceable undertaking given by the registered social service provider under this Act;

(g)details of any conviction or finding of guilt in relation to the registered social service provider for an offence against this Act or an order imposing a civil penalty for a contravention of this Act;

(h)if the registration of the registered social service provider has been suspended, the reason for the suspension and the period of suspension;

(i)if the registration of the service provider is cancelled or revoked;

(j)the date and reasons for any cancellation or revocation of registration of the registered social service provider;

(k)any rating given to the registered social service provider in accordance with any prescribed rating system;

(l)any other prescribed information.

(2)If the registration of a registered social service provider is cancelled, suspended or revoked, any information about that person in the Register is to be kept on the Register.

(3)The Regulator may keep any information about any of the following on the Register if the Regulator considers it appropriate to do so—

(a)the revocation of registration of a community service within the meaning of section 3(1) of the Children, Youth and Families Act 2005 under that Act before the commencement of this Part;

(b)the revocation of registration of a disability service provider within the meaning of section 3(1) of the Disability Act 2006 under that Act before the commencement of this Part;

(c)the revocation of registration of a supported residential service within the meaning of section 5 of the Supported Residential Services (Community Visitors) Act 2010 under that Act before the commencement of this Part.

(4)The Regulator must include the details of any exemption of a person providing a social service, or a person on behalf of an unincorporated body providing a social service, from any requirement of registration under this Part.

(5)Information in the Register may be made public in accordance with the prescribed requirements (if any).

37Regulator may decide not to publish certain information in Register

The Regulator may decide not to publish certain information in the Register—

(a)in prescribed circumstances; or

(b)if, in a particular case, the Regulator considers that publication of the information is not appropriate having regard to the circumstances.

PART 4—STANDARDS AND NOTIFICATIONS

Division 1—Social Services Standards

Subdivision 1—Social Services Standards

38Effect of this Subdivision

The Parliament does not intend by this Subdivision—

(a)to create in any person any legal right or give rise to any civil cause of action; or

(b)to affect in any way the interpretation of any Act or law in force in Victoria.

39Standard—safe service delivery

Social services are to be safely delivered based on assessed needs.

40Standard—service user agency and dignity

Social services are to be person‐centred and respect and uphold service user rights and agency.

41Standard—safe service environment

Social services are to be provided in a safe, secure and fit‐for‐purpose environment.

42Standard—feedback and complaints

Service users are to be supported to provide feedback, complaints or concerns about service safety.

43Standard—accountable organisational governance

Effective governance and organisational systems are to support safe delivery of social services.

44Standard—safe workforce

Social services are to be delivered by a workforce that has the knowledge, capability and support to deliver safe social services with care and skill.

Subdivision 2—Compliance with Social Services Standards

45Compliance with Social Services Standards

(1)A registered social service provider, as far as is reasonably practicable, must comply with the Social Services Standards in delivering the social services for which the provider is registered under this Act to deliver.

(2)A registered social service provider who meets all of the prescribed service requirements in delivering a social service is taken to comply with the Social Services Standard to which those service requirements relate.

(3)A registered social service provider who fails to comply with a prescribed service requirement is taken to fail to comply with the Social Services Standard to which the prescribed service requirement relates.

(4)For the purposes of subsection (1), in determining whether or not a registered social service provider's compliance with the Social Services Standards in delivering a social service is, or was at a particular time, reasonably practicable, regard must be had to—

(a)the likelihood of any risk that—

(i)a service user's rights would be contravened; or

(ii)a service user would suffer avoidable harm caused by abuse or neglect in connection with the delivery of the social service; and

(b)the extent of the impact on a service user if a contravention of the service user's rights referred to in paragraph (a)(i), or harm to the service user referred to in paragraph (a)(ii), occurred; and

(c)what the registered social service provider knew or ought reasonably to have known about—

(i)any harm or risks of harm referred to in paragraph (a); and

(ii)any ways of eliminating or reducing the risks referred to in paragraph (a); and

(d)the availability, suitability and costs of any ways to remove or reduce the risks referred to in paragraph (a).

Note

Section 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.

46Aggravated contravention of duty to comply with Social Services Standards

(1)A registered social service provider commits an offence if—

(a)the registered social service provider, without lawful excuse, intentionally or recklessly contravenes section 45(1); and

(b)the contravention results in serious harm to, or is likely to result in serious harm to, a service user; and

(c)the registered social service provider knew, or ought reasonably to have known, that the contravention would, or would be likely, to result in serious harm to a service user.

Penalty:5 years imprisonment or 1200 penalty units, in the case of an individual;

6000 penalty units, in the case of a body corporate.

Note

Section 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.

(2)An offence under subsection (1) is an indictable offence.

Note

This offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

Division 2—Notifications

47Registered social service provider to notify Regulator of certain matters

(1)A registered social service provider must notify the Regulator of the following matters in relation to a social service for which the registered social service provider is registered to provide—

(a)changes to the volume and type of social service provided;

(b)staffing changes that materially impact service delivery;

(c)organisational changes that materially impact service delivery;

(d)changes to premises at which the social services are provided that materially impact service delivery;

(e)changes to information provided on registration that materially impact service delivery;

(f)any prescribed criminal conviction of—

(i)the registered social service provider, if that provider is an individual; or

(ii)a director of the registered social service provider, if that provider is a body corporate; or

(iii)any prescribed key personnel of the registered social service provider;

(g)any change to the information recorded in the Register in relation to the registered social service provider;

(h)any prescribed matter.

Penalty:20 penalty units, in the case of an individual;

100 penalty units, in the case of a body corporate.

(2)A notification under subsection (1) must be made—

(a)in a manner and form approved by the Regulator; and

(b)within the prescribed period (if any).

48Notifiable incidents

(1)Subject to subsections (2) and (3), a registered social service provider, as soon as reasonably practicable, must notify the Regulator of any serious incident that has occurred, or may pose a serious risk to service users, during the delivery of a social service.

Penalty:60 penalty units, in the case of an individual;

300 penalty units, in the case of a body corporate.

(2)For the purposes of subsection (1), serious incidents include—

(a)an incident that results in serious harm to a service user or WCES service user; and

(b)an incident that is reasonably likely to cause serious harm to a service user or WCES service user; and

(c)any other prescribed incident.

(3)A notice under subsection (1) must—

(a)be given in the manner approved by the Regulator; and

(b)include any prescribed information.

(4)The Regulator may exempt a registered social service provider or class of registered social service providers from the notice requirement under subsection (1), either generally or in relation to a class of serious incident, if the Regulator is satisfied that the registered social service provider or class of registered social service providers are required to give notice of the relevant incidents to another State or Commonwealth regulator or public entity.

49Compliance statement

(1)The Regulator, in writing, may request a registered social service provider to provide a compliance statement that the registered social service provider is complying with any or all provisions of this Act or the regulations.

337Pending revocation

(1)This section applies if—

(a)the Secretary, within the meaning of the Disability Act 2006, had given notice to a disability service provider under section 43(2)(a) of that Act; and

(b)that Secretary had not finally determined whether or not to revoke the registration of that disability service provider immediately before the commencement of Part 3.

(2)The Secretary may determine whether or not to revoke the registration in accordance with the Disability Act 2006 as in force immediately before the commencement of Part 3.

(3)If the Secretary determines to revoke the registration of the disability service provider, the registration is taken to be revoked under Division 7 of Part 7.

338Appointments

(1)On the commencement of Part 3, a person who is an administrator under Division 4 of Part 6 of the Disability Act 2006 immediately before that commencement is taken to be an administrator appointed under section 173.

(2)Nothing in this section prevents a person from resigning as an administrator, or the person's appointment being revoked, at any time after the commencement of Part 3 in accordance with this Act.

Division 5—Supported Residential Services (Community Visitors) Act 2010

339Transfer of information to Regulator

As soon as practicable after the commencement of Part 3, the Secretary, within the meaning of the Supported Residential Services (Community Visitors) Act 2010, must disclose to the Regulator any information held by that Secretary immediately before that commencement that relates to—

(a)any premises that is registered as a supported residential service under Division 2 of Part 3 of the Supported Residential Services (Community Visitors) Act 2010 immediately before the commencement of Part 3; or

(b)an application under Division 2 of Part 3 of the Supported Residential Services (Community Visitors) Act 2010 that is made, but not finally determined, immediately before the commencement of Part 3; or

(c)the register of supported residential services maintained under section 39 of the Supported Residential Services (Community Visitors) Act 2010 as in force immediately before the commencement of Part 3.

340Supported residential service registrations

(1)If, immediately before the commencement of Part 3, a premises is registered as a supported residential service under Division 2 of Part 3 of the Supported Residential Services (Community Visitors) Act 2010, on and from that commencement that registration is taken to be a registration of the proprietor of the premises under section 23.

(2)If a registration continues in effect under subsection (1), it is taken to be subject to the same conditions as those to which the registration was subject immediately before the commencement of Part 3.

341Pending applications for registration as supported residential service

(1)If a person had applied for registration of premises as a supported residential service under section 14 of the Supported Residential Services (Community Visitors) Act 2010 and that application is not finally determined immediately before the commencement of Part 3, the application must be finally determined under that Act as in force immediately before that commencement.

(2)If the Secretary registers a premises in response to an application described in subsection (1), the person is taken to be granted a registration under section 23 to provide the social services prescribed to be equivalent to the social services to which the application relates.

342Variation of registration by Regulator

(1)If a person is taken to be granted a registration because of section 341, the Regulator may during the period of 12 months beginning on the commencement of Part 3 do any of the following to ensure that the registration is consistent with the provisions of this Act—

(a)impose a condition on the registration;

(b)vary or revoke a condition of the registration.

(2)Before exercising a power under subsection (1), the Regulator must give the person at least 10 days written notice of the proposed imposition, variation or revocation of the condition.

343Pending cancellation

(1)This section applies if—

(a)the Secretary had given notice to a proprietor of a supported residential service under section 29(1) of the Supported Residential Services (Community Visitors) Act 2010; and

(b)the Secretary had not finally determined whether or not to cancel the registration of the supported residential service immediately before the commencement of Part 3.

(2)The Secretary may determine whether or not to cancel the registration in accordance with the Supported Residential Services (Community Visitors) Act 2010 as in force immediately before the commencement of Part 3.

(3)If the registration of the supported residential service is cancelled, the registration is taken to be revoked under Division 7 of Part 7.

344Pending revocation

(1)This section applies if—

(a)the Minister had given notice to a proprietor of a supported residential service under section 168(2) of the Supported Residential Services (Community Visitors) Act 2010; and

(b)the Minister had not finally determined whether or not to revoke the registration of the supported residential service immediately before the commencement of Part 3.

(2)The Minister may determine whether or not to revoke the registration in accordance with the Supported Residential Services (Community Visitors) Act 2010 as in force immediately before the commencement of Part 3.

(3)If the registration of a supported residential service is revoked, the registration is taken to be revoked under Division 7 of Part 7.

345Undertakings

On and from the commencement of Part 3 an undertaking accepted under section 156 of the Supported Residential Services (Community Visitors) Act 2010 that is in force immediately before that commencement—

(a)continues in force until the undertaking expires or is withdrawn in accordance with that Act as in force immediately before the commencement of Part 3; and

(b)may be enforced under that Act as in force immediately before the commencement of Part 3.

346Compliance notices

On and from the commencement of Part 3 a compliance notice issued under section 160 of the Supported Residential Services (Community Visitors) Act 2010 that is in force immediately before that commencement—

(a)continues in force until the compliance notice expires, or is cancelled or revoked, in accordance with that Act as in force immediately before the commencement of Part 3; and

(b)may be enforced under that Act as in force immediately before the commencement of Part 3.

347Appointment of administrator

(1)On and from the commencement of Part 3, a person who is an administrator under Division 4 of Part 8 of the Supported Residential Services (Community Visitors) Act 2010 in respect of a body immediately before that commencement is taken to be an administrator appointed under Division 8 of Part 7 in respect of that body.

(2)Nothing in this section prevents a person from resigning as an administrator, or the person's appointment being revoked, at any time after the commencement of Part 3 in accordance with this Act.

Division 6—Transitional regulations

348Transitional regulations

(1)The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.

(2)Regulations made under subsection (1) may be retrospective in operation to the day on which this Act receives the Royal Assent.

(3)Regulations made under subsection (1) have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4)Without limiting this section, regulations made under subsection (1) may continue in effect, for a period of not more than 2 years beginning on the day on which this Act receives the Royal Assent, any instrument or policy under an Act that is amended by this Act.

(5)This Division is repealed 2 years after the day on which this section commences.

PART 12—CONSEQUENTIAL AMENDMENTS

Division 1—Child Wellbeing and Safety Act 2005

349Definitions

(1)In section 3(1) of the Child Wellbeing and Safety Act 2005, after paragraph (b)(iv) of the definition of regulator, insert—

"(iva)the Social Services Regulator;".

(2)In section 3(1) of the Child Wellbeing and Safety Act 2005 insert the following definition—

"Social Services Regulator means the Social Services Regulator established under section 4 of the Social Services Regulation Act 2021;".

350New section 16UA inserted

After section 16U of the Child Wellbeing and Safety Act 2005 insert—

"16UA Commission must notify Social Services Regulator of certain information

(1)On becoming aware of the following, the Commission must report to the Social Services Regulator—

(a)a reportable allegation that relates to sexual misconduct committed by a WCES worker or carer against, with or in the presence of, a child; or

(b)information relating to the findings of an investigation by a WCES service provider into conduct by a WCES worker or carer that may lead to exclusion.

(2)In this section—

conduct by a WCES worker or carer that may lead to exclusion has the same meaning that conduct that may lead to exclusion has in the Social Services Regulation Act 2021;

WCES service provider has the same meaning as in the Social Services Regulation Act 2021;

WCES worker or carer has the same meaning as in the Social Services Regulation Act 2021.".

Division 2—Children, Youth and Families Act 2005

351Delegation

After section 17(5) of the Children, Youth and Families Act 2005 insert—

"(6)Without limiting this section, the Secretary may, by instrument, delegate any function or power of the Secretary under this Act or the regulations, other than a power set out in subsection (1)(a) to (g), to—

(a)the Social Services Regulator established under section 4 of the Social Services Regulation Act 2021; or

(b)a person employed or engaged by the Social Services Regulator.".

352Part 3.4 repealed

Part 3.4 of the Children, Youth and Families Act 2005 is repealed.

Division 3—Disability Act 2006

353Definitions

(1)In section 3(1) of the Disability Act 2006 insert the following definition—

"Social Services Regulator means the Social Services Regulator established under section 4 of the Social Services Regulation Act 2021;".

(2)In section 3(1) of the Disability Act 2006, in the definition of disability service provider—

(a)paragraph (a) is repealed;

(b)in paragraph (b), for "registered on the register of disability service providers" substitute "registered to provide disability services under the Social Services Regulation Act 2021".

(3)In section 3(1) of the Disability Act 2006, the definitions of register of disability service providers and support plan are repealed.

*                *                *                *                *

354Persons with an intellectual disability

Section 6(6) of the Disability Act 2006 is repealed.

354AMatter may be referred

After section 33(d) of the Disability Act 2006 insert—

"(da)the Social Services Regulator;"

355Disclosure, use or transfer of protected information

After section 202AB(4)(m) of the Disability Act 2006 insert—

"(ma)the Social Services Regulator;".

355AUse, transfer or disclosure of information relating to disability services or disability service providers

In section 202AC(1)(f) of the Disability Act 2006, after "section 97" insert "as in force immediately before the commencement of Part 4 of the Social Services Regulation Act 2021".

356Disclosure of information about worker screening.

After section 202AD(1)(b) of the Disability Act 2006 insert—

"(ba)the Social Services Regulator;".

357Sections 40 to 48 repealed

Sections 40 to 48 of the Disability Act 2006 are repealed.

358Division 3 of Part 4 repealed

Division 3 of Part 4 of the Disability Act 2006 is repealed.

*                *                *                *                *

*                *                *                *                *

360ADivision 1 of Part 6 repealed

Division 1 of Part 6 of the Disability Act 2006 is repealed.

361Heading to Division 3 of Part 6 amended

In the heading to Division 3 of Part 6 of the Disability Act 2006, for "Standards and monitoring" substitute "Monitoring".

362Sections 97 and 98 repealed

Sections 97 and 98 of the Disability Act 2006 are repealed.

363Power of Secretary to give directions

(1)Section 99(1)(a) of the Disability Act 2006 is repealed.

(2)In section 99(2)(a) of the Disability Act 2006 omit "relevant performance measure,".

364Division 4 of Part 6 repealed

Division 4 of Part 6 of the Disability Act 2006 is repealed.

365Sections 103A and 104 repealed

Sections 103A and 104 of the Disability Act 2006 are repealed.

366Report on complaints

For section 105(1) of the Disability Act 2006 substitute—

"(1)A disability service provider must provide an annual report to the Disability Services Commissioner including information about—

(a)the number and type of complaints received by the disability service provider in respect of disability services provided by the disability service provider; and

(b)the outcome of those complaints.".

367Section 106 repealed

Section 106 of the Disability Act 2006 is repealed.

367ASenior Practitioner to notify Secretary or NDIS Commissioner

(1)In the heading to section 132ZL of the Disability Act 2006, for "Secretary" substitute "Social Services Regulator".

(2)In section 132ZL of the Disability Act 2006, for "Secretary" substitute "Social Services Regulator".

367BPowers of Public Advocate

In section 141(1)(c)(i) of the Disability Act 2006, for "Secretary" substitute "Social Services Regulator".

368Delegation

After section 204(2) of the Disability Act 2006 insert—

"(3)Without limiting this section, the Secretary may make a delegation under this section to—

(a)the Regulator within the meaning of the Social Services Regulation Act 2021; or

(b)a person employed or engaged by that Regulator.".

369Special powers of Secretary

(1)In section 206(1) of the Disability Act 2006, after "provider" (where thirdly occurring) insert "for the purposes of performing a function or duty or exercising a power under this Act".

(2)After section 206(3) of the Disability Act 2006 insert—

"(3A)A requirement under subsection (3) must be for the purposes of performing a function or duty or exercising a power under this Act.".

Division 4—Supported Residential Services (Private Proprietors) Act 2010

370Principal Act

In this Division, the Supported Residential Services (Private Proprietors) Act 2010 is called the Principal Act.

371Title of Supported Residential Services (Private Proprietors) Act 2010 substituted

In the title to the Principal Act, for "Private Proprietors" substitute "Community Visitors".

372Purpose

Section 1(a) and (c) of the Principal Act are repealed.

373Definitions

(1)In section 3(1) of the Principal Act, the definitions of application for approval of alterations or extensions, application for cancellation of registration, application for registration, application for variation of registration, approved manager, authorised officer, certificate of registration, close associate, compliance notice, condition report, interim support plan, money of a resident, nearest relative, prohibited transaction, proprietor, register, registration, registration criteria, registration statement, related body corporate, reportable transaction, residential and services agreement, resident's administrator, resident's on-going support plan, short-term accommodation, spouse and undertaking are repealed.

(2)In section 3(1) of the Principal Act, insert the following definitions—

"provider means a social services provider registered under section 23 of the Social Services Regulation Act 2021 to provide a supported residential service;

Secretary means the Secretary to the Department of Families, Fairness and Housing;".

(3)In section 3(1) of the Principal Act, in the definition of Department, for "Health" substitute "Families, Fairness and Housing".

(4)In section 3(1) of the Principal Act, in the definition of Department, for "Health" substitute "Families, Fairness and Housing".

(5)In section 3(1) of the Principal Act, for the definition of resident substitute—

"resident has the same meaning as in section 214 of the Social Services Regulation Act 2021;".

(6)In section 3(1) of the Principal Act, for the definition of supported residential service substitute—

"supported residential service has the same meaning as in section 214 of the Social Services Regulation Act 2021;".

(7)Section 3(2) and (3) of the Principal Act are repealed.

374Sections 4 and 5 repealed

Sections 4 and 5 of the Principal Act are repealed.

375Principles

In section 7(2) of the Principal Act, for "proprietors" (wherever occurring) substitute "providers".

376Parts 3 to 8 repealed

Parts 3, 4, 5, 6, 7 and 8 of the Principal Act are repealed.

377Offence to unreasonably refuse assistance

In section 188 of the Principal Act, for "proprietor" substitute "provider".

378Offence not to give full and true answers

In section 189 of the Principal Act, for "proprietor" substitute "provider".

379Offence to assault, obstruct or threaten community visitor

In section 190 of the Principal Act, for "proprietor" substitute "provider".

380Request to see community visitor

In section 191 of the Principal Act, for "proprietor" (where twice occurring) substitute "provider".

381Record of visits

In section 192 of the Principal Act, for "proprietor" substitute "provider".

382Sections 197, 198 and 202 repealed

Sections 197, 198 and 202 of the Principal Act are repealed.

383Service of notice and other documents

In section 203 of the Principal Act—

(a)for "proprietor" (wherever occurring) substitute "provider";

(b)in subsection (2), for '"proprietor"' substitute '"provider"'.

384Delegation

After section 204(3) of the Principal Act insert—

"(4)Without limiting this section, the Secretary may, by instrument, delegate any function or power to the Secretary under this Act or the regulations to—

(a)the Regulator within the meaning of the Social Services Regulation Act 2021; or

(b)a person employed or engaged by that Regulator.".

385Sections 205 and 206 repealed

Sections 205 and 206 of the Principal Act are repealed.

386Regulations

(1)Section 207(1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n) and (o) of the Principal Act are repealed.

(2)In section 207(1)(p) of the Principal Act, for "proprietors" substitute "providers".

387Sections 212, 215, 216, 217 and 218 repealed

Sections 212, 215 216, 217 and 218 of the Principal Act are repealed.

Division 5—Consequential amendments to other Acts

388Accident Compensation Act 1985

In section 99AAA(1) of the Accident Compensation Act 1985, in paragraph (b) of the definition of supported accommodation, for "the Supported Residential Services (Private Proprietors) Act 2010" substitute "section 214 of the Social Services Regulation Act 2021".

389Crimes Act 1958

In section 52A of the Crimes Act 1958, in paragraph (b) of the definition of residential service, for "the Supported Residential Services (Private Proprietors) Act 2010" substitute "section 214 of the Social Services Regulation Act 2021".

390Disability Act 2006

In section 3(1) of the Disability Act 2006, in the definition of region, for "Private Proprietors" substitute "Community Visitors".

391Duties Act 2000

In section 3G(3) of the Duties Act 2000, in the definition of supported residential service, for "the Supported Residential Services(Private Proprietors) Act 2010" substitute "section 214 of the Social Services Regulation Act 2021".

392Education and Training Reform Act 2006

After section 1.1.3C(1)(g) of the Education and Training Reform Act 2006 insert—

"(ga)a determination under section 79(1)(a) of the Social Services Regulation Act 2021 to exclude a person from providing a WCES service or class of WCES services within the meaning of that Act;

(gb)the issue of an interim exclusion under section 70 of the Social Services Regulation Act 2021;".

393Guardianship and Administration Act 2019

In section 17(1)(d) and (7)(d) of the Guardianship and Administration Act 2019, for "Supported Residential Services (Private Proprietors) Act 2010" substitute "Social Services Regulation Act 2021".

394Health Services Act 1988

(1)In section 3(1) of the Health Services Act 1988, in the definition of supported residential service, for "Supported Residential Services (Private Proprietors) Act 2010" substitute "Social Services Regulation Act 2021".

(2)In section 7(1) of the Health Services Act 1988—

(a)for "Division 2 of Part 4" substitute "Division 4 of Part 9 of the Social Services Regulation Act 2021";

(b)for "Private Proprietors" substitute "Community Visitors".

(3)In section 7(2) and (3) of the Health Services Act 1988, for "Division 2 of Part 4 of the Supported Residential Services (Private Proprietors) Act 2010" substitute "Division 4 of Part 9 of the Social Services Regulation Act 2021".

395Land Tax Act 2005

In section 76(4) of the Land Tax Act 2005, in the definition of supported residential service, for "the Supported Residential Services(Private Proprietors) Act 2010" substitute "section 214 of the Social Services Regulation Act 2021".

396Medical Treatment Planning and Decisions Act 2016

In section 3(1) of the Medical Treatment Planning and Decisions Act 2016, in paragraph (d) of the definition of health facility, for "the Supported Residential Services(Private Proprietors) Act 2010" substitute "section 214 of the Social Services Regulation Act 2021".

397Public Administration Act 2004

After section 16(1)(kf) of the Public Administration Act 2004 insert—

"(kg)the Social Services Regulator appointed under section 4 of the Social Services Regulation Act 2021 in relation to the Office of the Social Services Regulator;".

398Residential Tenancies Act 1997

In section 3(1) of the Residential Tenancies Act 1997, in paragraph (f) of the definition of health or residential service, for "the Supported Residential Services(Private Proprietors) Act 2010" substitute "section 214 of the Social Services Regulation Act 2021".

399Tobacco Act 1987

In section 3 of the Tobacco Act 1987, in paragraph (c) of the definition of residential care facility, for "the Supported Residential Services(Private Proprietors) Act 2010" substitute "section 214 of the Social Services Regulation Act 2021".

400Transport Accident Act 1986

In section 3(1) of the Transport Accident Act 1986, in paragraph (b) of the definition of supported accommodation, for "the Supported Residential Services(Private Proprietors) Act 2010" substitute "section 214 of the Social Services Regulation Act 2021".

401Workplace Injury Rehabilitation and Compensation Act 2013

In section 223(1) of the Workplace Injury Rehabilitation and Compensation Act 2013, in paragraph (b) of the definition of supported accommodation, for "the Supported Residential Services(Private Proprietors) Act 2010" substitute "section 214 of the Social Services Regulation Act 2021".

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 4 August 2021

Legislative Council: 14 September 2021

The long title for the Bill for this Act was "A Bill for an Act to establish the Social Services Regulator and the worker and carer exclusion scheme and for other purposes."

The Social Services Regulation Act 2021 was assented to on 21 September 2021 and came into operation on 1 July 2024: section 2(2) (as amended by No. 40/2022 section 66).

Section 329 never proclaimed, repealed by No. 6/2024 section 104.

Section 353(4) never proclaimed, repealed by No. 9/2023 section 247.

Section 359 never proclaimed, repealed by No. 9/2023 section 249.

Section 360 never proclaimed, repealed by No. 9/2023 section 260(1).

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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection 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 an Act 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 an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Social Services Regulation Act 2021 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022, No. 40/2022

Assent Date:	6.9.22
Commencement Date:	S. 66 on 6.9.22: s. 2(1)
Current State:	This information relates only to the provision/s amending the Social Services Regulation Act 2021

Disability and Social Services Regulation Amendment Act 2023, No. 9/2023

Assent Date:	23.5.23
Commencement Date:	Ss 238−250 on 24.5.23: s. 2(1); s. 266 on 27.3.24: Special Gazette (No. 118) 13.3.24 p. 1; ss 260, 268 on 1.7.24: s. 2(3)
Current State:	This information relates only to the provision/s amending the Social Services Regulation Act 2021

Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023, No. 17/2023 (as amended by No. 6/2024)

Assent Date:	27.6.23
Commencement Date:	S. 70 on 28.6.23: s. 2(1); ss 15, 16, 18 on 1.7.24: s. 2(3); s. 17 never proclaimed, repealed by No. 6/2024 s. 105
Current State:	This information relates only to the provision/s amending the Social Services Regulation Act 2021

Regulatory Legislation Amendment (Reform) Act 2024, No. 6/2024

Assent Date:	5.3.24
Commencement Date:	Ss 102−104 on 6.3.24: s. 2(1)
Current State:	This information relates only to the provision/s amending the Social Services Regulation Act 2021

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 113(Sch. 1 item 33) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
Current State:	This information relates only to the provision/s amending the Social Services Regulation Act 2021

Justice Legislation Amendment (Miscellaneous) Act 2025, No. 20/2025

Assent Date:	18.6.25
Commencement Date:	S. 19 on 19.6.25: s. 2
Current State:	This information relates only to the provision/s amending the Social Services Regulation Act 2021

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

No entries at date of publication.