Worker Screening Amendment (Risk of Harm to Children) Regulations 2025 (Vic)

Worker Screening Amendment (Risk of Harm to Children) Regulations 2025

S.R. No. 71/2025

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Definitions

5Regulation 8 substituted

6Regulation 9 substituted

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Endnotes

STATUTORY RULES 2025

S.R. No. 71/2025

Worker Screening Act 2020

Worker Screening Amendment (Risk of Harm to Children) Regulations 2025

The Governor in Council makes the following Regulations:

Dated: 29 July 2025

Responsible Minister:

SONYA KILKENNY
Attorney-General

ANGELA SMITH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Worker Screening Regulations 2021—

(a)to prescribe disciplinary or regulatory entities for the purposes of certain sections of the Worker Screening Act 2020; and

(b)to prescribe relevant disciplinary or regulatory findings for the purposes of certain sections of the Worker Screening Act 2020.

2Authorising provision

These Regulations are made under section 150 of the Worker Screening Act 2020.

3Principal Regulations

In these Regulations, the Worker Screening Regulations 2021[1] are called the Principal Regulations.

4Definitions

(1)In regulation 5 of the Principal Regulations insert the following definitions—

"Australian Children's Education and Care Quality Authority means the National Authority established under section 224 of the Education and Care Services National Law Act 2010;

Disability Worker Registration Board of Victoria means the Disability Worker Registration Board of Victoria established under section 8 of the Disability Service Safeguards Act 2018;

Health Panel means a health panel established under section 103 of the Disability Service Safeguards Act 2018;

Hearing Panel means a panel for a formal hearing appointed under section 2.6.42 of the Education and Training Reform Act 2006;

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

Victorian Disability Worker Commission means the Victorian Disability Worker Commission established under section 21 of the Disability Service Safeguards Act 2018;

Victorian Disability Worker Commissioner means the Victorian Disability Worker Commissioner appointed under section 26 of the Disability Service Safeguards Act 2018;

WCES Panel means a panel convened under section 68 of the Social Services Regulation Act 2021.".

(2)In regulation 5 of the Principal Regulations—

(a)in the definition of Suitability Panel, for "Act 2005;" substitute "Act 2005, as in force immediately before the commencement of section 352 of the Social Services Regulation Act 2021;";

(b)in the definition of Victorian Institute of Teaching, for "Act 2006." substitute "Act 2006;".

5Regulation 8 substituted

For regulation 8 of the Principal Regulations substitute—

"8   Disciplinary or regulatory entities

For the purposes of sections 15(2)(b) and (c), 18(2)(a), 21(3)(f), 40(1)(a), 54(2)(b) and (c), 58(2)(a), 81(1)(a), 97(2)(b)(ii), 104(b) and 109(b) of the Act, the following are prescribed to be disciplinary or regulatory entities—

(a)the Commission for Children and Young People;

(b)the Suitability Panel;

(c)the Victorian Institute of Teaching;

(d)the NDIS Commissioner;

(e)a Health Panel;

(f)a WCES Panel;

(g)a Regulatory Authority within the meaning of section 5 of the Education and Care Services National Law (Victoria);

(h)the Regulatory Authority within the meaning of section 3(1) of the Children's Services Act 1996;

(i)the Victorian Disability Worker Commissioner;

(j)the Victorian Disability Worker Commission;

(k)the Disability Worker Registration Board of Victoria;

(l)the Social Services Regulator;

(m)a Hearing Panel;

(n)VCAT;

(o)the Australian Children's Education and Care Quality Authority.".

6Regulation 9 substituted

For regulation 9 of the Principal Regulations substitute—

"9   Relevant disciplinary or regulatory findings

For the purposes of sections 27(1)(e), 34(2)(e), 37(2)(e), 38(1)(b), 45(1)(e), 64(1)(a), 72(2)(e), 77(2)(f), 78(1)(b) and 86(1)(a) of the Act, the following are prescribed to be relevant disciplinary or regulatory findings—

(a)a determination by a Hearing Panel under section 2.6.46(2) of the Education and Training Reform Act 2006 to do one or more of the following—

(i)impose conditions, limitations or restrictions on the registration of the teacher;

(ii)suspend the registration of the teacher for the period and subject to the conditions, limitations and restrictions, if any, specified in the determination;

(iii)cancel the registration of the teacher;

(b)a decision by the Victorian Institute of Teaching made under Division 8A of Part 2.6 of the Education and Training Reform Act 2006 to suspend any or all registrations held by a person under that Part;

(c)a finding by the Suitability Panel under section 106 of the Children, Youth and Families Act 2005 as in force immediately before the commencement of section 352 of the Social Services Regulation Act 2021 that a person should be disqualified from registration under Part 3.4 of that Act as in force immediately before that commencement;

(d)a finding that a person has committed reportable conduct that is the subject of a notification by the Commission for Children and Young People under section 16ZD(1) of the Child Wellbeing and Safety Act 2005;

(e)an order made by the NDIS Commissioner under section 73ZN of the NDIS Act prohibiting or restricting specified activities by an NDIS provider or a person who is employed or otherwise engaged by an NDIS provider;

(f)an interim exclusion issued by the Social Services Regulator under section 70(1) of the Social Services Regulation Act 2021 excluding a WCES worker or carer from providing WCES services;

(g)an interim exclusion issued by a WCES Panel under section 70(2) of the Social Services Regulation Act 2021 excluding a WCES worker or carer from providing WCES services;

(h)a determination by a WCES Panel made under section 79(1)(a) of the Social Services Regulation Act 2021 to exclude a person from providing a WCES service or a specified class of WCES services;

(i)a prohibition notice given by the Regulatory Authority under section 182(1) of the Education and Care Services National Law (Victoria) to a person involved in the provision of an approved education and care service if the Regulatory Authority considers that there may be an unacceptable risk of harm to a child or children if the person were allowed—

(i)to remain on the education and care service premises; or

(ii)to provide education and care to children;

(j)a prohibition notice given by the Regulatory Authority under section 182(3) of the Education and Care Services National Law (Victoria) to a person to—

(i)prohibit the person from being nominated as a nominated supervisor if the Regulatory Authority considers the person is not a fit and proper person to be nominated as a nominated supervisor of a service; or

(ii)impose one or more conditions on the nomination of the person as a nominated supervisor that the Regulatory Authority considers appropriate, if the Regulatory Authority considers the person is a fit and proper person to be nominated as a nominated supervisor of a service subject to those conditions;

(k)a prohibition notice given by the Regulatory Authority under section 123(1) of the Children's Services Act 1996 to a person who is in any way involved in the provision of an approved children's service if the Regulatory Authority considers that there may be an unacceptable risk of harm to a child or children if the person were allowed—

(i)to remain on the children's service premises; or

(ii)to provide education and care to children; 

(l)a prohibition notice given by the Regulatory Authority under section 123(3) of the Children's Services Act 1996 to a person to—

(i)prohibit the person from being nominated as a nominated supervisor if the Regulatory Authority considers the person is not a fit and proper person to be nominated as a nominated supervisor of a service; or

(ii)impose one or more conditions on the nomination of the person as a nominated supervisor that the Regulatory Authority considers appropriate, if the Regulatory Authority considers the person is a fit and proper person to be nominated as a nominated supervisor of a service subject to those conditions;

(m)a decision made by the Disability Worker Registration Board of Victoria under section 74 of the Disability Service Safeguards Act 2018 to take immediate action as defined in section 73 of that Act to do one or more of the following—

(i)suspending, or imposing a condition on, a registered disability worker's or disability student's registration;

(ii)accepting the surrender of a registered disability worker's or disability student's registration;

(iii)in the case of a registered disability worker or a disability student whose registration is suspended or cancelled, prohibiting the registered disability worker or disability student from providing a specified disability service or all disability services;

(n)a decision made by a Health Panel under section 113(5)(a) of the Disability Service Safeguards Act 2018 to suspend a registered disability worker's registration;

(o)a decision made by a Health Panel under section 113(6) of the Disability Service Safeguards Act 2018 to suspend a disability student's registration;

(p)an interim prohibition order made by the Victorian Disability Worker Commissioner under section 130(1) of the Disability Service Safeguards Act 2018 prohibiting or imposing conditions upon the provision of disability services by an unregistered disability worker for a period of up to 12 weeks;

(q)a prohibition order made by the Victorian Disability Worker Commissioner under section 132(1) of the Disability Service Safeguards Act 2018 prohibiting or imposing conditions upon the provision of disability services by an unregistered disability worker for a specified period or permanently;

(r)an order made by VCAT under section 213(2) of the Disability Service Safeguards Act 2018 after making a determination referred to in section 213(1)(b) of that Act to do one or more of the following—

(i)impose a condition on a disability worker's registration;  

(ii)suspend a disability worker's registration for a specified period;

(iii)cancel a disability worker's registration;

(s)an order made by VCAT under section 214(2) of the Disability Service Safeguards Act 2018 to suspend or impose a condition upon a disability student's registration.".

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ENDNOTES

[1] Reg. 3: S.R. No. 2/2021.