Social Services Regulation Transitional Regulations 2023 (Vic)

Version No. 001

Social Services Regulation Transitional Regulations 2023

S.R. No. 114/2023

Version as at

1 July 2024

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Definition

Part 2—Transitional and savings provisions

5Exemptions from offence relating to unregistered service providers—prescribed social services

6Prescribed equivalent social services

7Revocation of these Regulations

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Social Services Regulation Transitional Regulations 2023

S.R. No. 114/2023

Version as at

1 July 2024

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to prescribe transitional and savings provisions arising from the enactment of the Social Services Regulation Act 2021.

2Authorising provision

These Regulations are made under section 348 of the Social Services Regulation Act 2021.

3Commencement

These Regulations come into operation on 1 July 2024.

4Definition

In these Regulations—

the Actmeans the Social Services Regulation Act 2021.

PART 2—TRANSITIONAL AND SAVINGS PROVISIONS

5Exemptions from offence relating to unregistered service providers—prescribed social services

(1)For the purposes of section 318 of the Act, a social service set out in Column 2 of Table 1 is prescribed if—

(a)immediately before 1 July 2024, a person or body was providing that social service; and

(b)the person or body is not taken to be registered under section 328(1), 329, 332(1) or 340(1) of the Act.

(2)For the purposes of section 318(a) of the Act, the prescribed period for a prescribed social service set out in Column 2 of Table 1 is the period set out in Column 3 of Table 1 in relation to that social service.

(3)In Table 1—

child protection service has the same meaning as it has in regulation 4 of the Social Services Regulations 2023;

community-based child and family service has the same meaning as it has in regulation 4 of the Social Services Regulations 2023;

disability service has the same meaning as it has in regulation 4 of the Social Services Regulations 2023;

family violence service has the same meaning as it has in regulation 4 of the Social Services Regulations 2023;

homelessness service has the same meaning as it has in regulation 4 of the Social Services Regulations 2023;

out of home care service has the same meaning as it has in regulation 4 of the Social Services Regulations 2023;

sexual assault service has the same meaning as it has in regulation 4 of the Social Services Regulations 2023.

Table 1

Column 1 Item	Column 2 Prescribed social service	Column 3 Prescribed period
1	The following social services provided by the Secretary— (a) a child protection service; (b) a community-based child and family service; (c)  a disability service; (d) a family violence service; (e)  a homelessness service; (f)  an out of home care service; (g)  a sexual assault service	1 July 2024 to 31 July 2024
2	A family violence service funded by the Secretary	1 July 2024 to 30 September 2024
3	A homelessness service funded by the Secretary	1 July 2024 to 31 December 2024
4	A sexual assault service funded by the Secretary	1 July 2024 to 31 March 2025
5	A disability service funded by the Victorian WorkCover Authority or the Transport Accident Commission established under the Transport Accident Act 1986	1 July 2024 to 30 June 2025
6	A social service other than— (a) a supported residential service; or (b) a social service referred to in items 1 to 5	1 July 2024 to 31 July 2024

6Prescribed equivalent social services

For the purposes of a section of the Act set out in Column 1 of Table 2, a social service under the Act set out in Column 3 of Table 2 is prescribed to be equivalent to the social service set out in Column 2 of Table 2.

Table 2

Column 1 Section of the Act	Column 2 Service under existing Act	Column 3 Equivalent social service under the Act
Section 322(2)	An out of home care service referred to in section 47(a) of the Children, Youth and Families Act 2005	An out of home care service
Section 322(2)	A community-based child and family service referred to in section 47(b) of the Children, Youth and Families Act 2005	A community-based child and family service
Section 323(2)	An out of home care service registered under section 46 of the Children, Youth and Families Act 2005	An out of home care service
Section 323(2)	A community-based child and family service registered under section 46 of the Children, Youth and Families Act 2005	A community-based child and family service
Section 328(2)	An out of home care service referred to in section 47(a) of the Children, Youth and Families Act 2005	An out of home care service
Section 328(2)	A community-based child and family service referred to in section 47(b) of the Children, Youth and Families Act 2005	A community-based child and family service
Section 329(1)	A secure welfare service established under section 44(a)(ii) of the Children, Youth and Families Act 2005	A secure welfare service
Section 329(2)	A community service established under section 44(a)(i) of the Children, Youth and Families Act 2005 to provide an out of home care service	An out of home care service
Section 332(1)	A disability service under the Disability Act 2006	A disability service
Section 333(2)	A disability service under the Disability Act 2006	A disability service
Section 334(2)	A disability service under the Disability Act 2006	A disability service
Section 341	A supported residential service within the meaning of section 5 of the Supported Residential Services (Community Visitors) Act 2010	A supported residential service

7Revocation of these Regulations

These Regulations are revoked on 30 June 2026.

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ENDNOTES

1   General information

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

The Social Services Regulation Transitional Regulations 2023, S.R. No. 114/2023 were made on 8 November 2023 by the Governor in Council under section 348 of the Social Services Regulation Act 2021, No. 37/2021 and came into operation on 1 July 2024: regulation 3.

The Social Services Regulation Transitional Regulations 2023 will be revoked on 30 June 2026: see regulation 7.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

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

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Social Services Regulation Transitional Regulations 2023 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

No entries at date of publication.