{"id":"child-wellbeing-and-safety-act-2005","name":"Child Wellbeing and Safety Act 2005","slug":"child-wellbeing-and-safety-act-2005","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174375,"registerId":"vic-child-wellbeing-and-safety-act-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 5B","sectionType":"part","heading":"Enforcement and monitoring of compliance with section 16M 70","content":"Part 5B—Enforcement and monitoring of compliance with section 16M 70\n\n","sortOrder":0},{"sectionNumber":"Div 1","sectionType":"division","heading":"Reportable conduct authorised officers 70","content":"Division 1—Reportable conduct authorised officers 70\n\n16ZO Appointment of reportable conduct authorised officer 70\n\n16ZP Identity card for reportable conduct authorised officer 70\n\n16ZQ Production of identity card 71\n\n","sortOrder":1},{"sectionNumber":"Div 2","sectionType":"division","heading":"Powers of entry and inspection 72","content":"Division 2—Powers of entry and inspection 72\n\n16ZR Powers of reportable conduct authorised officers to enter premises 72\n\n16ZS Notice required for entry with consent 75\n\n16ZT Powers after entry and consent 77\n\n16ZU Acknowledgement of document or thing seized during entry with consent 78\n\n16ZV Application for warrant 79\n\n16ZW Entry under warrant 81\n\n16ZX Powers after entry under warrant 81\n\n16ZY Failure to provide assistance 84\n\n16ZZ Powers after entry without consent or warrant 84\n\n16ZZA Acknowledgment of seizure during entry without consent 87\n\n16ZZB Failure to provide assistance 88\n\n16ZZC Protection against self-incrimination 88\n\n16ZZD Reportable conduct authorised officer may interview child 89\n\n16ZZE Affidavits 90\n\n16ZZF Seizure of documents and things 90\n\n16ZZG Destruction of seized document or thing 92\n\n16ZZH Offence to obstruct or impersonate reportable conduct authorised officer 92\n\n","sortOrder":2},{"sectionNumber":"Div 3","sectionType":"division","heading":"Notices to produce and notices to comply 93","content":"Division 3—Notices to produce and notices to comply 93\n\n16ZZI Notice to produce 93\n\n16ZZJ Reportable conduct notice to comply 94\n\n16ZZK Failure to comply with notice to produce or reportable conduct notice to comply 95\n\n16ZZL Application for a declaration and order to pay a civil penalty 95\n\n16ZZM Infringement notices 97\n\n16ZZN Pending criminal or civil proceedings 97\n\n16ZZO Power to bring a proceeding 98\n\n16ZZP Internal review of decisions to issue notices under this Part 99\n\n16ZZQ Review by VCAT of decision to give notice to comply 99\n\n16ZZR Complaints 100\n\nPart 6—Child Safe Standards 102\n\nDivision 1—Child Safe Standards 102\n\n17 Minister may make Child Safe Standards 102\n\n19 Schedule 1 entities must comply with Child Safe Standards 103\n\n20 Prescribed applicable entity must comply with Child Safe Standards 104\n\n21 Applicable entity belonging to a prescribed class must comply with Child Safe Standards 104\n\n22 Exemption from requirement to comply with Child Safe Standards 105\n\n23 Application of Child Safe Standards to businesses not carried on by certain entities 105\n\n23A Compliance with Child Safe Standards generally 106\n\nDivision 2—The Social Services Regulator 106\n\n24 Objectives of Social Services Regulator 106\n\n25 Functions and powers of the Social Services Regulator 107\n\n25A Guidance notes on Child Safe Standards 109\n\nDivision 2A—Sector regulators and integrated sector regulators 109\n\n25B Sector regulators 109\n\n25C Multiple sector regulators or integrated sector regulators 110\n\n25D Functions and powers of sector regulators 111\n\n25E Delegation by certain sector regulators 113\n\n25F Integrated sector regulators 113\n\n25G Functions and powers of integrated sector regulators 114\n\n25H Delegation by certain integrated sector regulators 114\n\nDivision 3—Monitoring and enforcement of compliance with the Child Safe Standards 115\n\n26 Sector regulator may authorise persons to assist 115\n\n27 Appointment of authorised officers 115\n\n28 Identity cards 116\n\n29 Production of identity card 117\n\n29A Powers of authorised officers to enter premises 117\n\n29B Notice required for entry with consent 121\n\n29C Powers after entry and consent 122\n\n29D Acknowledgement of document or thing seized during entry with consent 124\n\n29E Application for warrant 125\n\n29F Entry under warrant 127\n\n29G Powers after entry under warrant 127\n\n29H Failure to provide assistance 130\n\n29I Powers after entry without consent or warrant 130\n\n29J Acknowledgment of seizure during entry without consent 134\n\n29K Failure to provide assistance 135\n\n29L Authorised officer may interview child 135\n\n29M Affidavits 135\n\n29N Seizure of documents and things 136\n\n29O Destruction of seized document or thing 137\n\n29P Offence to obstruct authorised officer 138\n\n29Q Offence to impersonate authorised officer 138\n\n29R Complaints 138\n\n29S Power to bring proceedings 139\n\n30 Notice to produce 140\n\n31 Notice to comply 141\n\n32 False or misleading information 143\n\n32A Criminal liability of officers of relevant entities—failure to exercise due diligence 143\n\n32B Immunity 145\n\n32C Nomination of proper defendant 146\n\n33 Application to court 147\n\n34 Civil penalty 149\n\n34A Injunctions 150\n\n34B Interim injunctions 151\n\n34C Adverse publicity orders 151\n\n34D Offence to fail to comply with notice to produce or notice to comply 152\n\n34E Pending criminal or civil proceedings 153\n\n35 Reasonable excuse 154\n\n36 Assistance to be provided 154\n\n36A Official warnings 155\n\n36B Infringement notices 156\n\n36C Enforceable undertakings 156\n\n36D Sector regulators must maintain register of undertakings 157\n\n36E No proceedings while enforceable undertaking in force 159\n\n36F Proceedings following withdrawal of enforceable undertaking 159\n\n36G No further proceedings if enforceable undertaking complied with 160\n\n36H Enforcement of undertakings 160\n\n36I Sector regulator may publish details of non-compliance 161\n\n39 Service of documents under Part 6 162\n\nDivision 4—Information collection, use and disclosure powers of Social Services Regulator, sector regulators and integrated sector regulators 163\n\n40 Definitions 163\n\n40A Request by relevant person for information or documents 166\n\n40B Notice of use of information or document 167\n\n41 Matters relevant to disclosures of information or documents 168\n\n41A Disclosures made in good faith 168\n\n41B Disclosure for purposes of functions or powers permitted 169\n\n41BA Disclosure to certain individuals permitted 170\n\n41C Disclosure by relevant person of protected information to another relevant person 172\n\n41D Disclosure to report concerns permitted 172\n\n41E Disclosure to protect child permitted 173\n\n41F Disclosure to court or tribunal permitted 173\n\n41G Disclosure to obtain legal advice permitted 173\n\n41H Disclosing information to other authorities 174\n\n41HA Disclosure of protected information by relevant persons prohibited 178\n\nDivision 5—Review 178\n\n41I Internal review 178\n\n41J Application to the Victorian Civil and Administrative Tribunal 179\n\nDivision 6—Reporting 180\n\n41K Report of compliance by relevant entities with Child Safe Standards 180\n\n41KA Social Services Regulator may request information for reports 183\n\n41L Matters to be included in annual report must not include identifying information 184\n\n41M Opportunity to respond to adverse comment or opinion in report 184\n\nDivision 7—Reporting to Parliament 185\n\n41N Application of Division 185\n\n41O Giving the report to Parliament 186\n\nPart 6A—Information sharing 188\n\nDivision 1—Preliminary 188\n\n41P Definitions 188\n\n41Q Meaning of *excluded information* 189\n\n41R Meaning of *information sharing entity* 190\n\n41S Meaning of *restricted information sharing entity* 190\n\n41T Application of this Part to courts and tribunals 192\n\n41U Principles 192\n\nDivision 2—Information sharing 194\n\n41V Voluntary disclosure for wellbeing or safety of children 194\n\n41W Request for confidential information for wellbeing or safety of children 195\n\n41X Further disclosure of confidential information 196\n\n41Y Voluntary disclosure to child or person with parental responsibility or with whom child is living 196\n\n41Z Collection and use of confidential information 197\n\nDivision 3—Guidelines, protected disclosures and recording requirements 197\n\n41ZA Guidelines 197\n\n41ZB Use and disclosure in good faith protected 199\n\n41ZC Recording requirements 199\n\n","sortOrder":3},{"sectionNumber":"Div 4","sectionType":"division","heading":"Relationship of this Part with other Acts 199","content":"Division 4—Relationship of this Part with other Acts 199\n\n41ZD Information sharing entities under the Family Violence Protection Act 2008 199\n\n41ZE Part does not affect handling of confidential information permitted by other Acts 200\n\n41ZF Restrictions on access to confidential information 200\n\n41ZG Application of Privacy and Data Protection Act 2014 to certain information sharing entities and restricted information sharing entities 201\n\n41ZH Information sharing entities and restricted information sharing entities authorised to disclose confidential information despite specified provisions 201\n\n41ZI Disclosure of confidential information is not breach of Family Violence Protection Act 2008 201\n\n41ZJ Disclosure of confidential information is not breach of Judicial Proceedings Reports Act 1958 202\n\n","sortOrder":4},{"sectionNumber":"Div 5","sectionType":"division","heading":"Offences 202","content":"Division 5—Offences 202\n\n41ZK Unauthorised use and disclosure of confidential information collected under this Part 202\n\n41ZL Intentional or reckless unauthorised use and disclosure of confidential information 204\n\n41ZM False claim that person is or represents an information sharing entity or a restricted information sharing entity 206\n\n","sortOrder":5},{"sectionNumber":"Div 6","sectionType":"division","heading":"Review 207","content":"Division 6—Review 207\n\n41ZN Review of operation of Part within 2 years 207\n\n41ZO Review of operation of Part within 5 years 207\n\nPart 7—Birth notification 208\n\n42 Application of Part 208\n\n43 Early notification of births 208\n\n44 How must the birth notice be given? 208\n\n45 What must be done once notice is received? 209\n\n46 Offence to fail to give notice 209\n\nPart 7A—Child Link Register 211\n\nDivision 1—Definitions 211\n\n46A Definitions 211\n\nDivision 2—The Child Link Register 214\n\n46B The Child Link Register 214\n\n46C Secretary must create Child Link entry and allocate Child Link identifier 215\n\n46D Particulars to be included in the Register 217\n\n46E Secretary may decide not to record information on the Register 220\n\n46F Entry in the Register for child who turns 18, leaves school or dies 220\n\nDivision 3—Secretary authorised to collect, use and disclose information for Register purposes 221\n\n46G Secretary authorised to collect, use and disclose information for purposes of establishing and maintaining the Register 221\n\n46H Secretary authorised to collect and use information for purposes of data management 222\n\n46I Disclosure of information to the Secretary 224\n\n46J No consent required 225\n\nDivision 4—Access to Child Link Register and use and disclosure of information contained in the Register 225\n\n46K Who is a Child Link user? 225\n\n46L Delegation 229\n\n46M Child Link users may access and use confidential information in the Register 230\n\n46N Secretary may remove Child Link user access to the Register 230\n\n46O Use and disclosure of de-identified information derived from the Register 232\n\n46P Restrictions on access to confidential information 232\n\n46Q Person authorised to disclose confidential information despite specified provisions 233\n\n46R Application of Privacy and Data Protection Act 2014 to certain Child Link users 233\n\nDivision 5—Guidelines 234\n\n46S Guidelines 234\n\nDivision 6—Offences 235\n\n46T Unauthorised access to the Register 235\n\n46U Access to the Register for unauthorised purpose 235\n\n46V Unauthorised use and disclosure of confidential information contained in the Register 236\n\n46W Intentional or reckless unauthorised use and disclosure of confidential information contained in the Register 237\n\nDivision 7—Review of operation of Part 238\n\n46X Review of operation of Part within 2 years 238\n\nDivision 8—Transitional provisions 239\n\n46Y Secretary may create entries in the Register 239\n\n46Z Appointed days for application of section 46M and Schedule 6 to Child Link users 239\n\nPart 7B—Qualifications required for maternal and child health nurses 241\n\n46ZAA Maternal and Child Health Centres 241\n\n46ZAB State-wide telephone services 241\n\n46ZAC Part not to affect employment contracts or workplace instruments 242\n\n","sortOrder":6},{"sectionNumber":"Part 8","sectionType":"part","heading":"General 243","content":"Part 8—General 243\n\nDivision 1—Offences by bodies corporate 243\n\n46ZA Imputing conduct to bodies corporate 243\n\n46ZB Criminal liability of officers of bodies corporate—accessorial liability 243\n\nDivision 2—Regulations 245\n\n46ZC Information sharing and Child Link regulation making power 245\n\n46ZD Maternal and child health nurse regulation making power 249\n\n46ZE Child Safe Standards regulation making power 251\n\n47 General regulation making power 252\n\nPart 9—Transitional provisions 254\n\nDivision 1—Children Legislation Amendment (Reportable Conduct) Act 2017 254\n\n48 Children Legislation Amendment (Reportable Conduct) Act 2017 254\n\nDivision 2—Children Legislation Amendment (Information Sharing) Act 2018 254\n\n49 Children Legislation Amendment (Information Sharing) Act 2018 254\n\nDivision 3—Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021 255\n\n50 Definitions 255\n\n51 Pending investigations 255\n\n52 Investigation of conduct before commencement day 256\n\nDivision 4—Transitional provisions—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self‑determination and Other Matters) Act 2023 258\n\n53 Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023 258\n\n54 Transitional regulations—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023 259\n\nDivision 5—Transitional provisions—Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025 260\n\n55 Definitions 260\n\n56 Guidance notes 260\n\n57 Authorised officers 260\n\n58 Identity cards 261\n\n59 Pending matters 261\n\n60 Seized documents and things 262\n\n61 Official warnings 263\n\n62 Enforceable undertakings 263\n\n63 Transfer of information to Social Services Regulator 263\n\n64 Continued protection of information 264\n\n65 Relevant date 265\n\n66 List of staff 265\n\n67 Transfer of staff to Regulator 265\n\n68 Exemptions 267\n\n69 Investigation of reportable allegations 267\n\n70 Notice to produce 267\n\n71 Reportable conduct notice to comply 268\n\n72 Application for declaration and order that entity pay a civil penalty 268\n\n73 Reportable conduct authorised officers and their identity cards 268\n\n74 Power to bring a proceeding 269\n\n75 Complaints 269\n\n76 Things commenced by the Commission before the commencement day under Parts 5A and 5B 269\n\n77 Regulations dealing with transitional matters 270\n\nSchedule 1—Entities subject to Child Safe Standards 272\n\nSchedule 3—Entities to which the reportable conduct scheme applies on and after commencement of Part 5A 277\n\nSchedule 4—Entities to which the reportable conduct scheme applies 6 months after commencement of Part 5A 279\n\nSchedule 5—Entities to which the reportable conduct scheme applies 18 months after commencement of Part 5A 280\n\nSchedule 6—Child Link users and purposes of access, use and disclosure 281\n\nSchedule 7—Specified provisions 290\n\nEndnotes 291\n\n1 General information 291\n\n2 Table of Amendments 293\n\n3 Explanatory details 298\n\n**Version No.** **046**\n\n**Child Wellbeing and Safety Act 2005**\n\n**No. 83 of 2005**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts as follows:**\n\n","sortOrder":7},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":8},{"sectionNumber":"1","sectionType":"section","heading":"Purposes","content":"\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to establish principles for the wellbeing of children; and\n\n(b) to establish the Victorian Children's Council; and\n\n(c) to establish the Children's Services Co‑ordination Board; and\n\nS. 1(d) repealed by No. 79/2012 s. 73, new s. 1(d) inserted by No. 63/2015 s. 4.\n\n(d) to provide for the Minister to make standards in relation to child safety with which certain entities must comply; and\n\nS. 1(da) inserted by No. 23/2021 s. 4(1).\n\n(da) to provide for sector regulators and integrated sector regulators; and\n\nS. 1(e) repealed by No. 79/2012 s. 73, new s. 1(e) inserted by No. 63/2016 s. 4, amended by Nos 23/2021 s. 4(2), 58/2025 s. 28(a).\n\n(e) to provide for the oversight and enforcement by the Social Services Regulator, sector regulators and integrated sector regulators of compliance by certain entities with standards in relation to child safety; and\n\nS. 1(ea) inserted by No. 11/2018 s. 4(a).\n\n(ea) to enable specified entities to share confidential information in a timely and effective manner in order to promote the wellbeing and safety of children; and\n\n(f) to provide for the notification of births to municipal councils; and\n\nS. 1(fa) inserted by No. 4/2017 s. 4, amended by No. 58/2025 s. 28.\n\n(fa) to provide for a scheme for the reporting to the Social Services Regulator of allegations of reportable conduct or misconduct that may involve reportable conduct committed by employees within or connected to certain entities, the oversight by the Social Services Regulator of investigations of those allegations and the administration of the scheme by the Social Services Regulator; and\n\nS. 1(fb) inserted by No. 11/2018 s. 4(b).\n\n(fb) to establish the Child Link Register to improve child wellbeing and safety outcomes for, and to monitor and support the participation in government-funded programs and services by, children born or resident in Victoria; and\n\n(g) to repeal Part IX of the **Health Act 1958**.\n\n","sortOrder":9},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 October 2007, it comes into operation on that day.\n\nS. 3 amended by No. 63/2015 s. 5(3) (ILA s. 39B(1)).\n\n","sortOrder":10},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *applicable entity* inserted by No. 63/2015 s. 5(2), amended by No. 4/2018 s. 3(1)(a).\n\n***applicable entity*** means—\n\n(a) an incorporated body or association; or\n\n(b) an unincorporated body or association (however structured); or\n\n(c) an individual who—\n\n(i) carries on a business; and\n\n(ii) engages contractors, employees or volunteers to assist the business in providing services or facilities or in producing or providing goods;\n\nS. 3(1) def. of *Associate Social Services Regulator* inserted by No. 58/2025 s. 29(2).\n\n***Associate Social Services Regulator*** means an Associate Social Services Regulator appointed under section 18A of the **Social Services Regulation Act 2021**;\n\nS. 3(1) def. of *authorised officer* inserted by No. 23/2021 s. 5(2).\n\n***authorised officer*** means a person appointed to be an authorised officer under section 27;\n\nS. 3(1) def. of *authorised person* repealed by No. 79/2012 s. 74(1),  \nnew def. of *authorised person* inserted by No. 63/2016 s. 5, substituted by Nos 23/2021 s. 5(3), 58/2025 s. 29(1).\n\n***authorised person*** means a person authorised under section 26;\n\nS. 3(1) def. of *authorised representative* inserted by No. 11/2018 s. 5(a).\n\n***authorised representative***, in relation to an individual, means a person—\n\n(a) who is an authorised representative, within the meaning of section 28(6) of the **Privacy and Data Protection Act 2014**, of that individual; and\n\n(b) who is not a person of concern within the meaning of section 144B of the **Family Violence Protection Act 2008**; and\n\n(c) who is not alleged to pose a risk of family violence;\n\nS. 3(1) def. of *authorising Act* inserted by No. 23/2021 s. 5(2).\n\n***authorising Act***, in relation to an integrated sector regulator, means—\n\n(a) the Act under which the integrated sector regulator is established or continued; or\n\n(b) an Act prescribed for that integrated sector regulator;\n\nS. 3(1) def. of *category 1 entity* inserted by No. 63/2015 s. 5(2), amended by No. 4/2018 s. 3(2)(a), repealed by No. 23/2021 s. 5(1).\n\nS. 3(1) def. of *category 2 entity* inserted by No. 63/2015 s. 5(2), amended by No. 4/2018 s. 3(2)(b), repealed by No. 23/2021 s. 5(1).\n\nS. 3(1) def. of *category of entity* inserted by No. 23/2021 s. 5(2).\n\n***category of entity*** means—\n\n(a) an item in Schedule 1; or\n\n(b) any other category (however described) of relevant entity in relation to which a sector regulator—\n\n(i) is prescribed; or\n\n(ii) is allocated under Part 6;\n\nS. 3(1) def. of *central register* substituted by No. 96/2005 s. 604(1)(a), repealed by No. 79/2012 s. 74(1).\n\nS. 3(1) def. of *Chief Commis-sioner of Police* inserted by No. 4/2017 s. 5(1).\n\n***Chief Commissioner of Police*** means the Chief Commissioner of Police appointed under section 17 of the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *child* amended by Nos 11/2018 s. 5(b), 23/2021 s. 5(4).\n\n***child*** means (other than in Part 6A) a child or young person who is under the age of 18 years;\n\nS. 3(1) def. of *child abuse* inserted by No. 63/2015 s. 5(2), amended by No. 47/2016 s. 33.\n\n***child abuse*** includes—\n\n(a) any act committed against a child involving—\n\n(i) a sexual offence; or\n\n(ii) an offence under section 49M(1) of the **Crimes Act 1958**; and\n\n(b) the infliction, on a child, of—\n\n(i) physical violence; or\n\n(ii) serious emotional or psychological harm; and\n\n(c) the serious neglect of a child;\n\nS. 3(1) def. of *Child Safe Standards* inserted by No. 63/2015 s. 5(2).\n\n***Child Safe Standards*** means the standards made under section 17(1);\n\nS. 3(1) def. of *Child Safety Commis-sioner* repealed by No. 79/2012 s. 74(1).\n\nS. 3(1) def. of *Commission* inserted by No. 63/2016 s. 5.\n\n***Commission*** means the Commission for Children and Young People established by section 6 of the **Commission for Children and Young People Act 2012**;\n\nS. 3(1) def. of *confidential information* inserted by No. 11/2018 s. 5(a).\n\n***confidential information*** means—\n\n(a) health information; or\n\n(b) personal information; or\n\n(c) sensitive information within the meaning set out in Schedule 1 to the **Privacy and Data Protection Act 2014**; or\n\n(d) unique identifiers; or\n\n(e) identifiers within the meaning of the **Health Records Act 2001**;\n\nS. 3(1) def. of *correspon-ding reportable conduct law* inserted by No. 58/2025 s. 3.\n\n***corresponding reportable conduct law*** means a law of another State or a Territory that substantially corresponds to Part 5A;\n\nS. 3(1) def. of *correspon-ding reportable conduct regulator* inserted by No. 58/2025 s. 3, amended by No. 58/2025 s. 55(Sch. 1 item 1.1(a)).\n\n***corresponding reportable conduct regulator*** means an entity (however described) that has functions and powers under a corresponding reportable conduct law which substantially correspond to the functions and powers conferred on the Social Services Regulator by Part 5A;\n\nS. 3(1) def. of *council* amended by No. 9/2020 s. 390(Sch. 1 item 15).\n\n***council*** has the same meaning as it has in the **Local Government Act 2020**;\n\nS. 3(1) def. of *court* inserted by No. 63/2016 s. 5, amended by No. 11/2018 s. 5(c).\n\n***court*** means (other than in Parts 6A and 7A) the Magistrates' Court;\n\nS. 3(1) def. of *Department* inserted by No. 63/2016 s. 5.\n\n***Department*** has the same meaning as it has in the **Public Administration Act 2004**;\n\nS. 3(1) def. of *employee* inserted by No. 4/2017 s. 5(1), amended by Nos 4/2018 s. 3(1)(b), 17/2023 ss 19(2), 53.\n\n***employee***, in relation to an entity to which the reportable conduct scheme applies, means a person of or over the age of 18 years who is—\n\n(a) employed by the entity, whether or not the person is employed in connection with any work or activities of the entity that relate to children; or\n\n(b) engaged by the entity to provide services, including as a volunteer, contractor, office holder or officer, whether or not the person provides services to children; or\n\n(ba) a person who—\n\n(i) is supplied to the entity by a provider for whom the person is a worker or volunteer worker; and\n\n(ii) performs work in and as part of the business or undertaking of the entity under the direction, supervision or control of the entity, whether or not the work relates to children; or\n\n**Examples**\n\n1. A relief teacher in a school.\n\n2. An agency nurse working in a hospital.\n\n(bb) a secondee to the entity who performs work in and as part of the business or undertaking of the entity under the direction, supervision or control of the entity, whether or not the work relates to children; or\n\n(bc) if the entity is an applicable entity who is an individual, the individual; or\n\n(bd) engaged by the entity through another body of which the person is a director or other office holder, whether or not the person provides services to children; or\n\n**Example**\n\nA sole director of a company that has entered into a contract for services with the entity, provided that the director performs work for the entity.\n\n(c) if the entity is a religious body (within the meaning of section 81 of the **Equal Opportunity Act 2010**)—a minister of religion, a religious leader or an employee (within the meaning of paragraph (a) or (b)) or officer of the religious body; or\n\n(d) either—\n\n(i) a foster carer approved by the provider of an out of home care service with whom a child is or has been placed in accordance with the **Children, Youth and Families Act 2005** or an order made under that Act; or\n\n(ii) a family member or other person of significance to a child with whom the child is or has been placed in out of home care, or who is supervised in that care, by the entity, or the head of the entity, under the **Children, Youth and Families Act 2005** or in accordance with an order made under that Act—\n\nand—\n\n(iii) a permanent care order has not been made in respect of the child; or\n\n(iv) a permanent care order has been made in respect of the child and a reportable allegation in relation to the child is made concerning the permanent carer in respect of the period before the making of the order; or\n\n(e) a person in a prescribed class of person—\n\nbut does not include a person in a class of person prescribed not to be an employee;\n\nS. 3(1) def. of *entity to which the reportable conduct scheme applies* inserted by No. 4/2017 s. 5(1).\n\n***entity to which the reportable conduct scheme applies*** means—\n\n(a) on and after the commencement of Part 5A, an entity referred to in Schedule 3; and\n\n(b) on and after 6 months after the commencement of Part 5A, an entity referred to in Schedule 4; and\n\n(c) on and after 18 months after the commencement of Part 5A, an entity referred to in Schedule 5; and\n\n(d) on and after a prescribed date in relation to that entity or class of entities, a prescribed entity or an entity belonging to a prescribed class of entities;\n\nS. 3(1) def. of *family violence* inserted by No. 11/2018 s. 5(a).\n\n***family violence*** has the same meaning as in the **Family Violence Protection Act 2008**;\n\nS. 3(1) def. of *guardian* inserted by No. 23/2021 s. 19.\n\n***guardian*** includes—\n\n(a) a guardian within the meaning of the **Guardianship and Administration Act 2019**; or\n\n(b) in the case of a child, a person with parental responsibility for the child;\n\nS. 3(1) def. of *head* inserted by No. 4/2017 s. 5(1), substituted by No. 4/2018 s. 3(1)(c), amended by No. 58/2025 s. 55(Sch. 1 item 1.1(b)).\n\n***head***, in relation to an entity to which the reportable conduct scheme applies, means—\n\n(a) if the entity is a Department, the Secretary to the Department or the delegate of the Secretary; or\n\n(b) if the regulations prescribe a person or a class of persons as the head of an entity, the prescribed person or a person belonging to the prescribed class of persons; or\n\n(c) in any other case—\n\n(i) the chief executive officer of the entity (however described); or\n\n(ii) if there is no chief executive officer, the principal officer of the entity (however described); or\n\n(iii) if there is no chief executive officer or principal officer, a person, or the holder of a position, in the entity nominated by the entity and approved by the Social Services Regulator;\n\nS. 3(1) def. of *head of a relevant entity* inserted by No. 63/2016 s. 5.\n\n***head of a relevant entity*** means—\n\n(a) an individual who is primarily responsible for—\n\n(i) engaging and terminating the engagement of the relevant entity's employees; and\n\n(ii) managing the relevant entity's employees; or\n\n(b) a person nominated by the relevant entity; or\n\n(c) a person or class of person prescribed to be a head of a relevant entity;\n\nS. 3(1) def. of *health information* inserted by No. 11/2018 s. 5(a).\n\n***health information*** has the same meaning as in section 3(1) of the **Health Records Act 2001**;\n\nS. 3(1) def. of *health professional* substituted by Nos 97/2005 s. 182(Sch. 4 item 9), 13/2010 s. 51(Sch. item 11.1), repealed by No. 79/2012 s. 74(1).\n\nS. 3(1) def. of *health service* repealed by No. 79/2012 s. 74(1).\n\nS. 3(1) def. of *human service* amended by Nos 23/2006 s. 233, 80/2011 s. 79(Sch. item 1), repealed by No. 79/2012 s. 74(1).\n\nS. 3(1) def. of *independent investigator* inserted by No. 4/2017 s. 5(1).\n\n***independent investigator*** means an independent body or person with appropriate qualifications, training or experience to investigate reportable allegations;\n\nS. 3(1) def. of *information sharing entity* inserted by No. 11/2018 s. 5(a).\n\n***information sharing entity*** has the meaning set out in section 41R;\n\nS. 3(1) def. of *integrated sector regulator* inserted by No. 23/2021 s. 5(2).\n\n***integrated sector regulator*** has the meaning set out in section 25F;\n\n***Maternal and Child Health Centre*** means a centre where health advice is given to the parents and other caregivers of children under 6 years of age;\n\nS. 3(1) def. of *medical practitioner* inserted by No. 13/2010 s. 51(Sch. item 11.2), repealed by No. 79/2012 s. 74(1).\n\nS. 3(1) def. of *midwife* inserted by No. 13/2010 s. 51(Sch. item 11.2).\n\n***midwife*** means a person registered under the Health Practitioner Regulation National Law—\n\n(a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and\n\n(b) in the register of midwives kept for that profession;\n\nS. 3(1) def. of *municipal district* amended by No. 9/2020 s. 390(Sch. 1 item 15).\n\n***municipal district*** has the same meaning as it has in the **Local Government Act 2020**;\n\nS. 3(1) def. of *notice to comply* inserted by No. 63/2016 s. 5.\n\n***notice to comply***, in Part 6,  means a notice given to a relevant entity under section 31;\n\nS. 3(1) def. of *notice to produce*,  in Part 5A inserted by No. 4/2017 s. 5(1).\n\n***notice to produce***, in Part 5A, means a notice given to an entity under section 16ZG;\n\nS. 3(1) def. of *notice to produce*,  in Part 5B inserted by No. 17/2023 s. 22.\n\n***notice to produce***, in Part 5B, means a notice given to a person under section 16ZZI;\n\nS. 3(1) def. of *notice to produce*, in Part 6  inserted by No. 63/2016 s. 5.\n\n***notice to produce***,  in Part 6,  means a notice given to a relevant entity under section 30;\n\nS. 3(1) def. of *nurse* inserted by No. 13/2010 s. 51(Sch. item 11.2), amended by Nos 79/2012 s. 74(2), 63/2015 s. 5(1).\n\n***nurse*** means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);\n\nS. 3(1) def. of *occupier* inserted by No. 23/2021 s. 19.\n\n***occupier*** in relation to any premises or place, includes a person present at the premises or place who is in apparent control of the premises or place;\n\nS. 3(1) def. of  \n*out of home care service* substituted by No. 96/2005 s. 604(1)(b), repealed by No. 79/2012 s. 74(1).\n\nS. 3(1) def. of *performance standards* substituted by No. 96/2005 s. 604(1)(c), repealed by No. 79/2012 s. 74(1).\n\nS. 3(1) def. of *permanent care order* inserted by No. 4/2017 s. 5(1).\n\n***permanent care order*** has the same meaning  \nas in the **Children, Youth and Families Act 2005**;\n\nS. 3(1) def. of *personal information* inserted by No. 11/2018 s. 5(a).\n\n***personal information*** has the same meaning as in section 3 of the **Privacy and Data Protection Act 2014**;\n\nS. 3(1) def. of *post-secondary qualification* repealed by No. 79/2012 s. 74(1).\n\nS. 3(1) def. of *provider* inserted by No. 17/2023 s. 19(1).\n\n***provider***, in relation to a worker or volunteer worker, means a person who, in the course of conducting a business or undertaking, supplies one or more individuals to another person to perform work in and as part of the business or undertaking of the other person;\n\nS. 3(1) def. of *psychologist* inserted by No. 13/2010 s. 51(Sch. item 11.2), repealed by No. 79/2012 s. 74(1).\n\nS. 3(1) def. of *public sector body* inserted by No. 23/2021 s. 5(2).\n\n***public sector body***  has the same meaning as in the **Public Administration Act 2004**;\n\nS. 3(1) def. of *public sector body Head* inserted by No. 6/2024 s. 9.\n\n***public sector body Head*** has the same meaning as it has in the **Public Administration Act 2004**;\n\nS. 3(1) def. of *registered health practitioner* inserted by No. 4/2017 s. 5(1).\n\n***registered health practitioner*** has the same meaning as in the Health Practitioner Regulation National Law;\n\nS. 3(1) def. of *regulator* inserted by No. 4/2017 s. 5(1), amended by No. 37/2021 s. 349(1).\n\n***regulator***, for the purposes of the reportable conduct scheme—\n\n(a) in relation to an entity to which the reportable conduct scheme applies, means any of the following—\n\n(i) a Department that is responsible for regulating the entity;\n\n(ii) a Department that provides funding to the entity;\n\n(iii) the Victorian Registration and Qualifications Authority established under section 4.2.1 of the **Education and Training Reform Act 2006** if the entity is referred to in item 1, 2, 3 or 4 of Schedule 3;\n\n(iv) any other body—\n\n(A) that regulates or funds the entity; and\n\n(B) that is prescribed to be a regulator in respect of the entity;\n\n(b) in relation to an employee, means any of the following, as the case requires—\n\n(i) the Suitability Panel established by section 98 of the **Children, Youth and Families Act 2005**;\n\n(ii) the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law;\n\n(iii) a National Health Practitioner Board established by section 31 of the Health Practitioner Regulation National Law;\n\n(iv) the Victorian Institute of Teaching continued in operation by section 2.6.2 of the **Education and Training Reform Act 2006**;\n\n(iva) the Social Services Regulator;\n\n(v) any other body that is prescribed to be a regulator in respect of the employee;\n\nS. 3(1) def. of *Regulatory Authority* inserted by No. 23/2021 s. 5(2A) (as amended by No. 43/2022 s. 11).\n\n***Regulatory Authority***—\n\n(a) in relation to a relevant entity referred to in item 9 of Schedule 1, means the Regulatory Authority within the meaning of the Education and Care Services National Law (Victoria); and\n\nSection 8 of the **Education and Care Services National Law Act 2010** defines the Regulatory Authority for the purposes of the Education and Care Services National Law (Victoria).\n\n(b) in relation to a relevant entity referred to in item 10 of Schedule 1, has the same meaning as in section 3(1) of the **Children's Services Act 1996**;\n\nS. 3(1) def. of *relevant authority* inserted by No. 63/2016 s. 5,  \nrepealed by No. 23/2021 s. 5(1).\n\nS. 3(1) def. of *relevant entity* inserted by No. 63/2016 s. 5, amended by No. 4/2018 s. 3(2)(c).\n\n***relevant entity*** means—\n\n(a) an entity that is required under section 19, 20 or 21 to comply with the Child Safe Standards; or\n\n(b) an individual who is required under section 23 to comply with the Child Safe Standards;\n\nS. 3(1) def. of *reportable allegation* inserted by No. 4/2017 s. 5(1).\n\n***reportable allegation*** means any information that leads a person to form a reasonable belief that an employee has committed—\n\n(a) reportable conduct; or\n\n(b) misconduct that may involve reportable conduct—\n\nwhether or not the conduct or misconduct is alleged to have occurred within the course of the person's employment;\n\nS. 3(1) def. of *reportable conduct* inserted by No. 4/2017 s. 5(1).\n\n***reportable conduct*** means—\n\n(a) a sexual offence committed against, with or in the presence of, a child, whether or not a criminal proceeding in relation to the offence has been commenced or concluded; or\n\n(b) sexual misconduct, committed against, with or in the presence of, a child; or\n\n(c) physical violence committed against, with or in the presence of, a child; or\n\n(d) any behaviour that causes significant emotional or psychological harm to a child; or\n\n(e) significant neglect of a child;\n\nS. 3(1) def. of *reportable conduct authorised officer* inserted by No. 17/2023 s. 22.\n\n***reportable conduct authorised officer*** means a reportable conduct authorised officer appointed under section 16ZO;\n\nS. 3(1) def. of *reportable conduct notice to comply* inserted by No. 17/2023 s. 22.\n\n***reportable conduct notice to comply*** means a notice given under section 16ZZJ;\n\nS. 3(1) def. of *reportable conduct scheme* inserted by No. 4/2017 s. 5(1).\n\n***reportable conduct scheme*** means the scheme set out in Part 5A;\n\nS. 3(1) def. of *restricted information sharing entity* inserted by No. 11/2018 s. 5(a).\n\n***restricted information sharing entity*** has the meaning set out in section 41S;\n\nS. 3(1) def. of *secondee* inserted by No. 17/2023 s. 19(1).\n\n***secondee***, in relation to an entity to which the reportable conduct scheme applies, means an individual who—\n\n(a) has been provided to the entity by a person to perform work in and as part of the business or undertaking of the entity on a temporary basis for a secondment period; and\n\n(b) is engaged as an employee of the person;\n\nS. 3(1) def. of *Secretary* repealed by No. 79/2012 s. 74(1).\n\nS. 3(1) def. of *sector regulator* inserted by No. 23/2021 s. 5(2).\n\n***sector regulator*** has the meaning set out in section 25B;\n\nS. 3(1) def. of *sexual misconduct* inserted by No. 4/2017 s. 5(1).\n\n***sexual misconduct*** includes behaviour, physical contact or speech or other communication of a sexual nature, inappropriate touching, grooming behaviour and voyeurism;\n\nS. 3(1) def. of *sexual offence* inserted by No. 4/2017 s. 5(1).\n\n***sexual offence*** means an offence referred to in clause 1 of Schedule 1 to the **Sentencing Act 1991**;\n\nS. 3(1) def. of *significant* inserted by No. 4/2017 s. 5(1).\n\n***significant***, in relation to emotional or psychological harm or neglect, means that the harm or neglect is more than trivial or insignificant, but need not be as high as serious and need not have a lasting permanent effect;\n\nS. 3(1) def. of *Social Services Regulator* inserted by No. 37/2021 s. 349(2).\n\n***Social Services Regulator*** means the Social Services Regulator established under section 4 of the **Social Services Regulation Act 2021**;\n\nS. 3(1) def. of *State contract* repealed by No. 79/2012 s. 74(1), new def. of *State contract* inserted by No. 63/2015 s. 5(2), amended by No. 4/2017 s. 5(2).\n\n***State contract*** has the same meaning as it has in the **Commission for Children and Young People Act 2012**;\n\nS. 3(1) def. of *statutory office* inserted by No. 23/2021 s. 5(2).\n\n***statutory office***  has the same meaning as in the **Public Administration Act 2004**;\n\nS. 3(1) def. of *unique identifier* inserted by No. 11/2018 s. 5(a).\n\n***unique identifier*** has the same meaning as in Schedule 1 to the **Privacy and Data Protection Act 2014**;\n\nS. 3(1) def. of *Victoria Police* inserted by No. 4/2017 s. 5(1).\n\n***Victoria Police*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *volunteer worker* inserted by No. 17/2023 s. 19(1).\n\n***volunteer worker*** has the meaning given in section 3A(3);\n\nS. 3(1) def. of *VRQA* inserted by No. 23/2021 s. 5(2).\n\n***VRQA*** means the Victorian Registration and Qualifications Authority established under Chapter 4 of the **Education and Training Reform Act 2006**;\n\nS. 3(1) def. of *welfare practitioner* repealed by No. 79/2012 s. 74(1).\n\nS. 3(1) def. of *worker* inserted by No. 17/2023 s. 19(1).\n\n***worker*** has the meaning given in section 3A(1);\n\nS. 3(1) def. of *working with children check* inserted by No. 4/2017 s. 5(1), repealed by No. 34/2020 s. 169(b).\n\nS. 3(1) def. of *WWC check* inserted by No. 34/2020 s. 169(a).\n\n***WWC check*** has the same meaning as in the **Worker Screening Act 2020**.\n\nS. 3(2) inserted by No. 63/2015 s. 5(3), substituted by No. 4/2018 s. 3(3), amended by No. 23/2021 s. 5(5).\n\n(2) A reference in this Act to the provision of a service or facility or the production or provision of goods by a relevant entity or applicable entity is, in relation to an individual who carries on a business, a reference to the provision of the service or facility or the production or provision of goods by the business.\n\nS. 3A  inserted by No. 17/2023 s. 20.\n\n","sortOrder":11},{"sectionNumber":"3A","sectionType":"section","heading":"Meaning of *worker* and *volunteer worker*","content":"\t3A Meaning of *worker* and *volunteer worker*\n\n(1) For the purposes of the reportable conduct scheme, an individual is a ***worker*** for a provider if—\n\n(a) under an arrangement between the individual and the provider, the provider supplies or may supply the individual to one or more persons to perform work; and\n\n(b) the provider is obliged to pay the individual (in whole or in part) for the performance of that work by the individual, whether payment is provided directly or indirectly, or through one or more intermediaries.\n\n(2) Without limiting subsection (1), an individual may be a worker for a provider whether or not—\n\n(a) the individual is employed by the provider; or\n\n(b) a contract has been entered into between the individual and the provider; or\n\n(c) the individual is an apprentice or is under a training contract, both within the meaning of the **Education and Training Reform Act 2006**.\n\n(3) For the purposes of the reportable conduct scheme, an individual is a ***volunteer* *worker*** for a provider if under an arrangement between the individual and the provider, the provider supplies or may supply the individual to one or more persons to perform work on a voluntary basis.\n\n","sortOrder":12},{"sectionNumber":"Part 2","sectionType":"part","heading":"Principles for children","content":"Part 2—Principles for children\n\n","sortOrder":13},{"sectionNumber":"4","sectionType":"section","heading":"Principles are for guidance","content":"\t4 Principles are for guidance\n\n(1) It is the intention of Parliament that the principles set out in this Part should be used for guidance in the development and provision of Government, Government-funded and community services for children and their families.\n\n(2) The Parliament does not intend by this Part—\n\n(a) to create in any person any legal right or give rise to any civil cause of action; or\n\n(b) to affect in any way the interpretation of any Act or law in force in Victoria.\n\n","sortOrder":14},{"sectionNumber":"5","sectionType":"section","heading":"Principles for children","content":"\t5 Principles for children\n\n(1) The development and provision of services for children and families should be based upon the fundamental principles that—\n\n(a) society as a whole shares responsibility for promoting the wellbeing and safety of children;\n\n(b) all children should be given the opportunity to reach their full potential and participate in society irrespective of their family circumstances and background;\n\n(c) those who develop and provide services, as well as parents, should give the highest priority to the promotion and protection of a child's safety, health, development, education and wellbeing;\n\nS. 5(1)(d) amended by No. 22/2008 s. 41(a).\n\n(d) parents are the primary nurturers of a child and Government intervention into family life should be limited to that necessary to secure the child's safety and wellbeing, however, it is the responsibility of Government to meet the needs of the child when the child's family is unable to provide adequate care and protection;\n\nS. 5(1)(e) inserted by No. 22/2008 s. 41(b).\n\n(e) every child should be able to enrol in a kindergarten program at an early childhood education and care centre.\n\n(2) Services for children and families should be designed and developed—\n\nS. 5(2)(a) substituted by No. 11/2018 s. 6.\n\n(a) to readily identify risks, harm and damage to the child and to provide for the earliest possible intervention by providers of services to remove or ameliorate the causes of the risks, harm or damage;\n\nS. 5(2)(ab) inserted by No. 11/2018 s. 6.\n\n(ab) to strengthen the capacity and efforts of parents, their families and communities to support the child as early as possible in the child's life;\n\n(b) to accord with the needs of each local community with the active involvement of that community's cultural groups, and to be accessible and responsive to the particular cultures, languages and circumstances of the community and to be properly planned and co‑ordinated with services provided by other local and regional communities;\n\n(c) to give the highest priority to making appropriate and sufficient levels of assistance available to children and families in communities or population groups that are known to have the greatest need;\n\n(d) to promote continuous improvement in the quality of those services, based on the best available knowledge of the needs of children and their stages of development.\n\n(3) The providers of services to children and families should—\n\n(a) protect the rights of children and families and, to the greatest extent possible, encourage their participation in any decision-making that affects their lives;\n\n(b) acknowledge and be respectful of the child's individual identity, circumstances and cultural identity and be responsive to the particular needs of the child;\n\n(c) make decisions about intervention by the providers of services into a child's or family's life and about access by a child or family to those services in a timely manner being mindful of any harmful effects that may be caused to the child by a delay in making decisions or providing services;\n\n(d) ensure that families are made aware of the services available to them and of the benefits these services can provide, especially to those families in most need of assistance;\n\n(e) co-operate with other services or professionals to work in the interests of the child and family.\n\nS. 5A inserted by No. 63/2016 s. 6.\n\n","sortOrder":15},{"sectionNumber":"5A","sectionType":"section","heading":"Principles for compliance with Child Safe Standards","content":"\t5A Principles for compliance with Child Safe Standards\n\nS. 5A(1) amended by Nos 23/2021 s. 6(1)(a), 58/2025 s. 30.\n\n(1) The oversight and enforcement by the Social Services Regulator, sector regulators and integrated sector regulators of compliance by relevant entities with the Child Safe Standards should be based on the fundamental principles that—\n\n(a) relevant entities are responsible, in respect of the children who use their services or facilities or who are engaged to assist in providing their services or facilities, for continuously improving the ways in which, in their operations—\n\n(iii) allegations of child abuse are properly responded to; and\n\nS. 5A(1)(b) substituted by No. 23/2021 s. 6(1)(b).\n\n(b) sector regulators and integrated sector regulators of relevant entities have specific knowledge of the relevant entities that they regulate and have the primary role in promoting, monitoring and enforcing compliance by those relevant entities with the Child Safe Standards; and\n\nS. 5A(1)(c) substituted by No. 23/2021 s. 6(1)(c), amended by No. 58/2025 s. 30.\n\n(c) having regard to paragraph (b), the Social Services Regulator, sector regulators and integrated sector regulators should collaborate with each other for the purpose of promoting compliance by relevant entities with the Child Safe Standards.\n\nS. 5A(2) amended by No. 58/2025 s. 30.\n\n(2) The Social Services Regulator should educate and guide—\n\nS. 5A(2)(a) amended by No. 23/2021 s. 6(2).\n\n(a) sector regulators and integrated sector regulators to promote compliance by relevant entities with the Child Safe Standards; and\n\n(b) relevant entities, in respect of the children who use their services or facilities or who are engaged to assist in providing their services or facilities, to continuously improve the ways in which, in their operations—\n\n(iii) allegations of child abuse are properly responded to.\n\n","sortOrder":16},{"sectionNumber":"Part 3","sectionType":"part","heading":"Child wellbeing and safety","content":"Part 3—Child wellbeing and safety\n\n","sortOrder":17},{"sectionNumber":"6","sectionType":"section","heading":"The role of the Minister","content":"\t6 The role of the Minister\n\n(1) The Minister must promote the co-ordination of Government programs that affect child wellbeing and safety.\n\n(2) The Minister may establish any advisory committee that the Minister considers appropriate to assist the Minister in the administration of this Act.\n\nS. 7 amended by Nos 79/2012 s. 75, 63/2015 s. 9.\n\n","sortOrder":18},{"sectionNumber":"7","sectionType":"section","heading":"Role of the Secretary in relation to Aboriginal communities","content":"\t7 Role of the Secretary in relation to Aboriginal communities\n\nThe Secretary to the Department of Health and Human Services must work with Aboriginal communities to establish a Victorian Aboriginal Child Wellbeing Charter.\n\n","sortOrder":19},{"sectionNumber":"Part 4","sectionType":"part","heading":"Victorian Children's Council","content":"Part 4—Victorian Children's Council\n\n","sortOrder":20},{"sectionNumber":"8","sectionType":"section","heading":"Establishment of Victorian Children's Council","content":"\t8 Establishment of Victorian Children's Council\n\nThe Victorian Children's Council is established.\n\n","sortOrder":21},{"sectionNumber":"9","sectionType":"section","heading":"Constitution of Council","content":"\t9 Constitution of Council\n\nS. 9(1) substituted by No. 79/2012 s. 76(1).\n\n(1) The Victorian Children's Council consists of at least 8 members appointed by the Minister.\n\n(2) The Minister must appoint one of the members to be the Chairperson.\n\nS. 9(3) amended by No. 63/2015 s. 10.\n\n(3) A person appointed under subsection (1) must be a person who, in the opinion of the Minister, has expert knowledge of policies and services that enhance the health, wellbeing, development or safety of children.\n\nS. 9(4) amended by No. 79/2012 s. 76(2).\n\n(4) A member—\n\n(a) holds office for such period not exceeding three years, as is specified in the instrument of appointment and is eligible for re‑appointment;\n\n(b) is entitled to the remuneration and allowances determined by the Minister from time to time;\n\n(c) may resign from the office of member by writing to the Minister;\n\n(d) may be removed from office by the Minister;\n\nS. 9(4)(e) substituted by No. 80/2006 s. 26(Sch. item 10).\n\n(e) is in respect of the office of member subject to the **Public Administration Act 2004** (other than Part 3 of that Act).\n\n","sortOrder":22},{"sectionNumber":"10","sectionType":"section","heading":"Functions of the Council","content":"\t10 Functions of the Council\n\n(1) The functions of the Council are to provide the Premier and the Minister with independent and expert advice relating to policies and services that enhance the health, wellbeing, development and safety of children.\n\n(2) The Secretary must make available to the Council the services of any employees in the Department that are necessary to enable the Council to carry out its functions.\n\n","sortOrder":23},{"sectionNumber":"11","sectionType":"section","heading":"Sub-committees","content":"\t11 Sub-committees\n\n(1) The Council, subject to the approval of the Minister, may appoint for the purposes of carrying out any of its functions under this Part a sub-committee consisting of such members as it determines together with such other persons as it determines.\n\n(2) A sub-committee appointed under this section must report to the Council.\n\n","sortOrder":24},{"sectionNumber":"12","sectionType":"section","heading":"Procedure of the Council","content":"\t12 Procedure of the Council\n\n(1) A majority of members for the time being of the Victorian Children's Council constitutes a quorum of that Council.\n\n(2) The Victorian Children's Council may regulate its own proceedings.\n\n","sortOrder":25},{"sectionNumber":"Part 5","sectionType":"part","heading":"Children's Services Co‑ordination Board","content":"Part 5—Children's Services Co‑ordination Board\n\n","sortOrder":26},{"sectionNumber":"13","sectionType":"section","heading":"Establishment of Children's Services Co-ordination Board","content":"\t13 Establishment of Children's Services Co-ordination Board\n\nThe Children's Services Co-ordination Board is established.\n\n","sortOrder":27},{"sectionNumber":"14","sectionType":"section","heading":"Constitution of Board","content":"\t14 Constitution of Board\n\nThe Children's Services Co-ordination Board consists of—\n\n(a) the Secretary to the Department of Premier and Cabinet; and\n\n(b) the Secretary to the Department of Treasury and Finance; and\n\nS. 14(c) amended by No 63/2015 s. 11(a).\n\n(c) the Secretary to the Department of Health and Human Services; and\n\nS. 14(d) amended by Nos 28/2007 s. 3(Sch. item 6), 58/2007 s. 51, 63/2015 s. 11(b).\n\n(d) the Secretary to the Department of Education and Training; and\n\nS. 14(e) amended by Nos 63/2015 s. 11(c), 34/2020 s. 170.\n\n(e) the Secretary to the Department of Justice and Community Safety; and\n\nS. 14(f) repealed by No 63/2015 s. 11(d).\n\n(g) the Chief Commissioner of Police.\n\n","sortOrder":28},{"sectionNumber":"15","sectionType":"section","heading":"Functions of the Board","content":"\t15 Functions of the Board\n\nThe functions of the Children's Services Co‑ordination Board are—\n\n(a) to review annually and report to the Minister on the outcomes of Government actions in relation to children, particularly the most vulnerable children in the community; and\n\n(b) to monitor administrative arrangements to support co-ordination of Government actions relating to children at local and regional levels.\n\n","sortOrder":29},{"sectionNumber":"16","sectionType":"section","heading":"Procedure of the Board","content":"\t16 Procedure of the Board\n\n(1) A majority of the members for the time being of the Children's Services Co-ordination Board constitutes a quorum of that Board.\n\n(2) The Children's Services Co-ordination Board may regulate its own proceedings.\n\nPt 5A (Heading and ss 16A–16ZN) inserted by No. 4/2017 s. 6.\n\n","sortOrder":30},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Reportable conduct scheme","content":"Part 5A—Reportable conduct scheme\n\nS. 16A inserted by No. 4/2017 s. 6, amended by No. 17/2023 s. 23.\n\n","sortOrder":31},{"sectionNumber":"16A","sectionType":"section","heading":"Definition","content":"\t16A Definition\n\nIn this Part and Part 5B—\n\n***entity*** means an entity to which the reportable conduct scheme applies.\n\nS. 16B inserted by No. 4/2017 s. 6.\n\n","sortOrder":32},{"sectionNumber":"16B","sectionType":"section","heading":"Principles","content":"\t16B Principles\n\n(1) The reportable conduct scheme is based on the fundamental principles that—\n\n(a) the protection of children is the paramount consideration in the context of child abuse or employee misconduct involving a child;\n\n(b) criminal conduct or suspected criminal conduct should be reported to the police;\n\n(c) a police investigation into the subject matter of a reportable allegation has priority and, unless the investigation may otherwise be conducted under any other Act, an investigation under the reportable conduct scheme must be suspended or must not be commenced until the police advise or agree that it may proceed;\n\nS. 16B(1)(d) amended by No. 58/2025 s. 55(Sch. 1 item 1.2(a)).\n\n(d) the Social Services Regulator and others involved in the reportable conduct scheme should work in collaboration to ensure the fair, effective and timely investigation of reportable allegations;\n\n(e) employees who are the subject of reportable allegations are entitled to receive natural justice in investigations into their conduct;\n\n(f) regulators have specific knowledge of the roles of the entities or the professional responsibilities of the employees they regulate and, if their functions permit, play an important role in the investigation of reportable allegations;\n\nS. 16B(1)(g) amended by No. 58/2025 s. 55(Sch. 1 item 1.2(b)).\n\n(g) information should be shared during and after the conclusion of an investigation into a reportable allegation.\n\nS. 16B(1)(h) amended by No. 34/2020 s. 171, repealed by No. 58/2025 s. 55(Sch. 1 item 1.2(c)).\n\nS. 16B(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.3).\n\n(2) The Social Services Regulator should educate and guide—\n\n(a) entities in order to improve their ability to identify reportable conduct and to report and investigate reportable allegations; and\n\n(b) regulators in order to promote compliance by entities with the reportable conduct scheme.\n\nS. 16C inserted by No. 4/2017 s. 6.\n\n","sortOrder":33},{"sectionNumber":"16C","sectionType":"section","heading":"Application of reportable conduct scheme","content":"\t16C Application of reportable conduct scheme\n\nThe reportable conduct scheme does not apply to an entity that does not exercise care, supervision or authority over children, whether as part of its primary functions or otherwise.\n\nS. 16D inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.4).\n\n","sortOrder":34},{"sectionNumber":"16D","sectionType":"section","heading":"Administration, oversight and monitoring of scheme","content":"\t16D Administration, oversight and monitoring of scheme\n\nThe Social Services Regulator is responsible for administering, overseeing and monitoring the reportable conduct scheme.\n\nS. 16E inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.5).\n\n","sortOrder":35},{"sectionNumber":"16E","sectionType":"section","heading":"Avoiding unnecessary duplication","content":"\t16E Avoiding unnecessary duplication\n\nThe Social Services Regulator must liaise with other regulators—\n\n(a) to avoid unnecessary duplication in the oversight of the investigation of reportable allegations; and\n\n(b) to share information and provide advice and guidance about the protection of children.\n\nS. 16F (Heading) amended by Nos 17/2023 s. 24(1), 58/2025 s. 55(Sch. 1 item 1.6).\n\nS. 16F inserted by No. 4/2017 s. 6, amended by Nos 17/2023 s. 24(2), 58/2025 s. 55(Sch. 1 item 1.7(a)).\n\n","sortOrder":36},{"sectionNumber":"16F","sectionType":"section","heading":"Objectives of Social Services Regulator under this Part and Part 5B","content":"\t16F Objectives of Social Services Regulator under this Part and Part 5B\n\nWithout limiting any other provision, the objectives of the Social Services Regulator under this Part and Part 5B are—\n\n(a) to improve the ability of entities to identify reportable conduct and to report and investigate reportable allegations; and\n\n(b) to ensure that reportable allegations are properly investigated; and\n\nS. 16F(c) amended by No. 58/2025 s. 55(Sch. 1 item 1.7(b)(c)).\n\n(c) to protect children by working with entities, other regulators and other relevant bodies to prevent reportable conduct from occurring in entities.\n\nS. 16F(d) amended by No. 34/2020 s. 172, repealed by No. 58/2025 s. 55(Sch. 1 item 1.7(d)).\n\nS. 16G (Heading) amended by Nos 17/2023 s. 25(1), 58/2025 s. 55(Sch. 1 item 1.8).\n\nS. 16G inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.9(a)).\n\n","sortOrder":37},{"sectionNumber":"16G","sectionType":"section","heading":"Functions of Social Services Regulator under this Part and Part 5B","content":"\t16G Functions of Social Services Regulator under this Part and Part 5B\n\nThe Social Services Regulator has the following functions in relation to the reportable conduct scheme—\n\n(a) to educate and provide advice to entities in order to assist them to identify reportable conduct and to report and investigate reportable allegations;\n\nS. 16G(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.9(b)).\n\n(b) to educate and provide advice to other regulators to promote compliance by entities with the reportable conduct scheme;\n\n(c) to oversee the investigation of reportable allegations;\n\n(d) to investigate reportable allegations if—\n\n(i) it considers it to be in the public interest to do so; or\n\nS. 16G(d)(ii) amended by No. 58/2025 s. 55(Sch. 1 item 1.9(c)).\n\n(ii) an entity or another regulator will not, or is unable to, investigate or engage an independent person or body to investigate;\n\nS. 16G(e) amended by No. 58/2025 s. 55(Sch. 1 item 1.9(d)).\n\n(e) if it considers it to be in the public interest to do so, to investigate whether reportable allegations have been inappropriately handled or responded to by an entity or another regulator;\n\n(f) to make recommendations to entities to address the findings of investigations referred to in paragraph (d) or (e);\n\nS. 16G(g) amended by Nos 34/2020 s. 173, 58/2025 s. 55(Sch. 1 item 1.9(e)).\n\n(g) to exchange information (including the findings of investigations into reportable allegations and the reasons for those findings) with Victoria Police, entities and other regulators;\n\n(h) to monitor the compliance of entities with the reportable conduct scheme;\n\nS. 16G(ha) inserted by No. 17/2023 s. 25(2).\n\n(ha) in relation to section 16M—\n\n(i) to monitor and enforce compliance with section 16M(1) by the head of an entity; and\n\n(ii) to investigate contraventions of section 16M(4);\n\n(i) to report to the Minister and to Parliament on trends in the reporting and investigation of reportable allegations and the results of those investigations;\n\nS. 16G(j) amended by Nos 17/2023 s. 25(3), 58/2025 s. 55(Sch. 1 item 1.9(a)).\n\n(j) to perform any other function conferred on the Social Services Regulator under this Part or Part 5B.\n\nS. 16H (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.10).\n\nS. 16H inserted by No. 4/2017 s. 6, amended by Nos 17/2023 s. 26, 58/2025 s. 55(Sch. 1 item 1.11).\n\n","sortOrder":38},{"sectionNumber":"16H","sectionType":"section","heading":"Powers of the Social Services Regulator","content":"\t16H Powers of the Social Services Regulator\n\nThe Social Services Regulator has all the powers that are necessary or convenient to perform its functions under this Part and Part 5B.\n\nS. 16I (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.12).\n\nS. 16I inserted by No. 4/2017 s. 6.\n\n","sortOrder":39},{"sectionNumber":"16I","sectionType":"section","heading":"Exemption by Social Services Regulator","content":"\t16I Exemption by Social Services Regulator\n\nS. 16I(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(a)).\n\n(1) The Social Services Regulator, in accordance with the regulations, if any, may exempt the head of an entity or a class of entities from—\n\n(a) the requirements of section 16M in respect of a class or kind of conduct; or\n\nS. 16I(1)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(a)).\n\n(b) the requirement under section 16M(1)(b) to provide information to the Social Services Regulator in respect of a class or kind of conduct.\n\nS. 16I(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(b)).\n\n(2) The Social Services Regulator may give an exemption under subsection (1) if the Social Services Regulator considers that—\n\nS. 16I(2)(a) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(b)).\n\n(a) the entity is competent to investigate, without the oversight of the Social Services Regulator, a reportable allegation in respect of the class or kind of conduct to which the exemption relates; and\n\n(b) the entity has demonstrated competence in responding to reportable allegations in respect of that class or kind of conduct.\n\nS. 16I(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(c)(i)).\n\n(3) The Social Services Regulator must—\n\n(a) notify the entity concerned of an exemption under subsection (1); and\n\nS. 16I(3)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(c)(ii)).\n\n(b) publish the exemption on the Social Services Regulator's website.\n\nS. 16I(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(d)).\n\n(4) The head of an entity exempted under subsection (1)(b), or a regulator of the entity, that conducts an investigation into conduct of a class or kind exempted under subsection (1)(b) must inform the Social Services Regulator of the findings, the reasons for the findings and the action taken in response to those findings as soon as practicable after the conclusion of the investigation or within a period agreed with the Social Services Regulator.\n\nS. 16IA inserted by No. 58/2025 s. 4.\n\n\t16IA Exemption from requirement to investigate\n\nS. 16IA(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.14).\n\n(1) If the Social Services Regulator is satisfied that a reportable allegation is being investigated under a corresponding reportable conduct law, the Social Services Regulator may, in accordance with the regulations, if any, exempt the head of an entity from the requirements under section 16N to investigate the reportable allegation or permit a regulator or an independent investigator engaged by the entity or regulator to investigate the reportable allegation.\n\n(2) If an exemption is granted under subsection (1), while the exemption is in force—\n\n(a) section 16N(2) continues to apply in respect of—\n\n(i) the reportable allegation; and\n\n(ii) any investigation into the reportable allegation commenced under section 16N(1) before the exemption was granted; and\n\n(b) section 16N does not otherwise apply in respect of the reportable allegation.\n\nS. 16IA(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.14).\n\n(3) The Social Services Regulator must notify the head of the entity concerned of an exemption granted under subsection (1).\n\nS. 16IA(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.14).\n\n(4) The Social Services Regulator may revoke an exemption granted under subsection (1) by notice in writing given to the head of the entity—\n\nS. 16IA(4)(a) amended by No. 58/2025 s. 55(Sch. 1 item 1.14).\n\n(a) if the Social Services Regulator is satisfied that the exemption is no longer appropriate; or\n\n(b) in prescribed circumstances.\n\n(5) If the exemption is revoked under subsection (4), section 16N applies as if the head of the entity had become aware of the reportable allegation on being notified of the revocation.\n\nS. 16J inserted by No. 4/2017 s. 6, amended by No. 4/2018 s. 4 (ILA s. 39B(1)).\n\n","sortOrder":40},{"sectionNumber":"16J","sectionType":"section","heading":"Exemption from whole of scheme","content":"\t16J Exemption from whole of scheme\n\n(1) The regulations may prescribe an entity or a class of entities to be exempt from the reportable conduct scheme.\n\nS. 16J(2) inserted by No. 4/2018 s. 4.\n\n(2) The regulations may prescribe a part of an entity, or a part of a class of entities, to be exempt from the reportable conduct scheme.\n\nS. 16K inserted by No. 4/2017 s. 6.\n\n","sortOrder":41},{"sectionNumber":"16K","sectionType":"section","heading":"Head of entity to have systems in place","content":"\t16K Head of entity to have systems in place\n\n(1) The head of an entity must ensure that the entity has in place—\n\n(a) a system for preventing the commission of reportable conduct by an employee of the entity within the course of the person's employment; and\n\n(b) a system for enabling any person, including an employee of the entity, to notify the head of the entity of a reportable allegation of which the person becomes aware; and\n\nS. 16K(1)(c) amended by No. 58/2025 s. 55(Sch. 1 item 1.15(a)).\n\n(c) a system for enabling any person, including an employee of the entity, to notify the Social Services Regulator of a reportable allegation involving the head of the entity of which the person becomes aware; and\n\n(d) a system for investigating and responding to a reportable allegation against an employee of the entity.\n\nS. 16K(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.15(b)).\n\n(2) If requested in writing by the Social Services Regulator, an entity must provide to the Social Services Regulator any information about a system referred to in subsection (1).\n\nS. 16K(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.15(c)).\n\n(3) The Social Services Regulator, after consulting with the relevant regulator, may make recommendations for action to be taken by an entity and may provide the entity with any necessary information relating to the recommendations if a reasonable concern with a system referred to in subsection (1) is identified.\n\nS. 16L (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.16).\n\nS. 16L inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.17).\n\n","sortOrder":42},{"sectionNumber":"16L","sectionType":"section","heading":"Disclosure to Social Services Regulator of reportable allegation","content":"\t16L Disclosure to Social Services Regulator of reportable allegation\n\nAny person may disclose a reportable allegation to the Social Services Regulator.\n\nS. 16M (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.18).\n\nS. 16M inserted by No. 4/2017 s. 6.\n\n","sortOrder":43},{"sectionNumber":"16M","sectionType":"section","heading":"Head of entity to notify Social Services Regulator of reportable allegation","content":"\t16M Head of entity to notify Social Services Regulator of reportable allegation\n\nS. 16M(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.19).\n\n(1) If the head of an entity becomes aware of a reportable allegation against an employee of the entity, the head must notify the Social Services Regulator in writing of the following—\n\n(a) within 3 business days after becoming aware of the reportable allegation—\n\n(i) that a reportable allegation has been made against an employee of the entity; and\n\n(ii) the name (including any former name and alias, if known) and date of birth, if known, of the employee concerned; and\n\n(iii) whether Victoria Police has been contacted about the reportable allegation; and\n\n(iv) the name, address and telephone number of the entity; and\n\n(v) the name of the head of the entity; and\n\n(b) as soon as practicable and within 30 days after becoming aware of the reportable allegation—\n\n(i) detailed information about the reportable allegation; and\n\n(ii) whether or not the entity proposes to take any disciplinary or other action in relation to the employee and the reasons why it intends to take, or not to take, that action; and\n\n(iii) any written submissions made to the head of the entity concerning the reportable allegation that the employee wished to have considered in determining what, if any, disciplinary or other action should be taken in relation to the employee.\n\nS. 16M(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.19).\n\n(2) This section does not apply to the head of an entity, or an entity belonging to a class of entities, that the Social Services Regulator has exempted under section 16I(1)(a) in respect of a class or kind or conduct that is the subject of the reportable allegation.\n\nS. 16M(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.19).\n\n(3) Subsection (1)(b) does not apply to the head of an entity, or an entity belonging to a class of entities, that the Social Services Regulator has exempted under section 16I(1)(b) in respect of a class or kind of conduct that is the subject of the reportable allegation.\n\nS. 16M(3A) inserted by No. 58/2025 s. 5.\n\n(3A) This section does not apply to a reportable allegation if the head of the entity has been exempted under section 16IA in respect of that reportable allegation, whether or not that exemption is revoked.\n\n(4) The head of an entity must not fail, without reasonable excuse, to comply with subsection (1).\n\nPenalty: 10 penalty units.\n\nS. 16M(5) amended by No. 58/2025 s. 55(Sch. 1 item 1.19).\n\n(5) It is a defence to a charge for an offence against subsection (4) for the person charged to prove that the person honestly and reasonably believed that another person had notified the Social Services Regulator of the reportable allegation in accordance with subsection (1).\n\nS. 16N inserted by No. 4/2017 s. 6.\n\n","sortOrder":44},{"sectionNumber":"16N","sectionType":"section","heading":"Head of entity to respond to reportable allegation","content":"\t16N Head of entity to respond to reportable allegation\n\n(1) As soon as practicable after the head of an entity becomes aware of a reportable allegation against an employee of the entity, the head must—\n\n(a) investigate the reportable allegation or permit a regulator, or an independent investigator engaged by the entity or regulator, to investigate the reportable allegation; and\n\nS. 16N(1)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.20(a)).\n\n(b) inform the Social Services Regulator of the identity of the body or person who will conduct the investigation.\n\nS. 16N(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.20(b)).\n\n(2) If the Social Services Regulator requests in writing that the head of the entity provide to the Social Services Regulator information or documents relating to a reportable allegation or an investigation, the head of the entity must comply with the request.\n\nS. 16N(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.20(c)).\n\n(3) As soon as practicable after an investigation has concluded, the head of the entity must give the Social Services Regulator—\n\n(a) a copy of the findings of the investigation and the reasons for those findings; and\n\nS. 16N(3)(b) amended by No. 4/2018 s. 5.\n\n(b) details of any disciplinary or other action that the entity proposes to take in relation to the employee and the reasons for that action; and\n\nS. 16N(3)(c) amended by No. 4/2018 s. 5.\n\n(c) if the entity does not propose to take any disciplinary or other action in relation to the employee, the reasons why no action is to be taken.\n\nNote to s. 16N inserted by No. 58/2025 s. 6.\n\nThis section applies with modification if the head of an entity has been granted an exemption in respect of a reportable allegation—see section 16IA.\n\nS. 16O (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.21).\n\nS. 16O inserted by No. 4/2017 s. 6.\n\n","sortOrder":45},{"sectionNumber":"16O","sectionType":"section","heading":"Social Services Regulator may investigate reportable allegation","content":"\t16O Social Services Regulator may investigate reportable allegation\n\nS. 16O(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.22(a)).\n\n(1) The Social Services Regulator, of its own motion, may conduct an investigation concerning a reportable allegation against an employee of an entity if the Social Services Regulator—\n\n(a) receives information about the reportable allegation from any person; and\n\n(b) believes on reasonable grounds that reportable conduct may have been committed by an employee of the entity; and\n\nS. 16O(1)(c) amended by No. 58/2025 s. 55(Sch. 1 item 1.22(a)).\n\n(c) considers that it is in the public interest that the Social Services Regulator investigate the reportable allegation.\n\nS. 16O(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.22(b)).\n\n(2) The Social Services Regulator, of its own motion, may conduct an investigation concerning a reportable allegation against an employee of an entity if the Social Services Regulator is advised by the entity or any other regulator of the employee that the entity or regulator will not or is unable to—\n\n(a) investigate the reportable allegation; or\n\n(b) engage an independent investigator to investigate the reportable allegation.\n\nS. 16O(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.22(c)).\n\n(3) The Social Services Regulator, of its own motion or in response to a complaint, may conduct an investigation concerning any inappropriate handling of, or response to, a reportable allegation by an entity or any other regulator if the Social Services Regulator considers that it is in the public interest to do so.\n\nS. 16O(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.22(d)(i)).\n\n(4) At the conclusion of an investigation by the Social Services Regulator and after consultation with the relevant regulator, the Social Services Regulator—\n\n(a) must make findings, give reasons for the findings and make recommendations, if any, for action to be taken with respect to the matter investigated; and\n\nS. 16O(4)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.22(d)(i)).\n\n(b) must provide to the entity the findings, reasons and recommendations, if any, of the Social Services Regulator, together with any necessary information relating to the recommendations; and\n\nS. 16O(4)(c) amended by No. 58/2025 s. 55(Sch. 1 item 1.22(d)).\n\n(c) may provide to the relevant regulator the recommendations of the Social Services Regulator for action to be taken by the relevant regulator.\n\nS. 16P (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.23).\n\nS. 16P inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.24).\n\n","sortOrder":46},{"sectionNumber":"16P","sectionType":"section","heading":"Social Services Regulator may visit entity","content":"\t16P Social Services Regulator may visit entity\n\nIn conducting an investigation under section 16O, the Social Services Regulator may visit the entity in order to—\n\n(a) inspect any document in relation to the reportable allegation; or\n\n(b) conduct an interview under section 16Q, 16R or 16S.\n\nS. 16Q (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.25).\n\nS. 16Q inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.26).\n\n","sortOrder":47},{"sectionNumber":"16Q","sectionType":"section","heading":"Social Services Regulator may interview employee","content":"\t16Q Social Services Regulator may interview employee\n\nSubject to section 16S(2), the Social Services Regulator may interview any employee of an entity if the Social Services Regulator considers that the employee may have information about a reportable allegation.\n\nS. 16R (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.27).\n\nS. 16R inserted by No. 4/2017 s. 6.\n\n","sortOrder":48},{"sectionNumber":"16R","sectionType":"section","heading":"Social Services Regulator may interview child","content":"\t16R Social Services Regulator may interview child\n\nS. 16R(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.28).\n\n(1) The Social Services Regulator may interview—\n\n(a) a child in relation to whom an employee of an entity is alleged to have committed reportable conduct or misconduct that may involve reportable conduct; or\n\n(b) a child who is a witness to reportable conduct or misconduct that may involve reportable conduct.\n\nS. 16R(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.28).\n\n(2) The Social Services Regulator may engage a person with appropriate qualifications, training or experience in interviewing child victims of abuse to conduct an interview on its behalf under subsection (1).\n\n(3) Before interviewing a child, the interviewer must consider, and take all reasonable steps to mitigate, any negative effect that the interview may have on the child.\n\nS. 16R(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.28).\n\n(4) Without limiting subsection (3), the Social Services Regulator must consider whether the child's primary family carer (within the meaning of the **Commission for Children and Young People Act 2012**) should be present during the interview.\n\nS. 16S (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.29).\n\nS. 16S inserted by No. 4/2017 s. 6.\n\n","sortOrder":49},{"sectionNumber":"16S","sectionType":"section","heading":"Social Services Regulator may interview employee subject of reportable allegation","content":"\t16S Social Services Regulator may interview employee subject of reportable allegation\n\nS. 16S(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.30).\n\n(1) The Social Services Regulator may interview an employee of an entity who is the subject of a reportable allegation.\n\nS. 16S(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.30).\n\n(2) An employee of an entity who is the subject of a reportable allegation may, but is not required to, answer any question of, or provide any information to, the Social Services Regulator.\n\nS. 16T (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.31).\n\nS. 16T inserted by No. 4/2017 s. 6.\n\n","sortOrder":50},{"sectionNumber":"16T","sectionType":"section","heading":"Social Services Regulator may obtain information from Victoria Police","content":"\t16T Social Services Regulator may obtain information from Victoria Police\n\nS. 16T(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.32).\n\n(1) The Social Services Regulator may request the Chief Commissioner of Police to provide the following information in relation to an employee of an entity who is the subject of a reportable allegation—\n\n(a) whether Victoria Police is investigating the reportable allegation;\n\n(b) the result of the investigation as soon as practicable after its completion.\n\n(2) The Chief Commissioner of Police must comply with a request under subsection (1) unless providing the information would be reasonably likely to prejudice—\n\n(a) the investigation of a breach or possible breach of the law; or\n\n(b) the enforcement or proper administration of the law in a particular instance.\n\nS. 16U inserted by No. 4/2017 s. 6.\n\n","sortOrder":51},{"sectionNumber":"16U","sectionType":"section","heading":"Victoria Police investigation has priority","content":"\t16U Victoria Police investigation has priority\n\nS. 16U(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.33).\n\n(1) On becoming aware that a reportable allegation may involve criminal conduct, the Social Services Regulator, an entity, any other regulator or an independent investigator must report the matter to Victoria Police.\n\nS. 16U(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.33).\n\n(2) On becoming aware that Victoria Police is investigating a reportable allegation, the Social Services Regulator, an entity, any other regulator or an independent investigator must not commence or continue to investigate the reportable allegation under this Part until the Chief Commissioner of Police—\n\n(a) advises that the police investigation has been completed; or\n\n(b) agrees that the investigation under this Part may proceed in consultation with Victoria Police.\n\n(3) In this section, an investigation by Victoria Police includes any court proceeding (including an appeal) arising out of the investigation.\n\n(4) Nothing in this section affects an investigation that may otherwise be conducted under any other Act.\n\nS. 16UA inserted by No. 37/2021 s. 350, repealed by No. 58/2025 s. 52.\n\nS. 16V (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.34).\n\nS. 16V inserted by No. 4/2017 s. 6.\n\n","sortOrder":52},{"sectionNumber":"16V","sectionType":"section","heading":"Social Services Regulator may request another regulator to investigate or provide information and documents","content":"\t16V Social Services Regulator may request another regulator to investigate or provide information and documents\n\nS. 16V(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.35(a)).\n\n(1) The Social Services Regulator may request any other regulator of an employee of an entity to investigate a reportable allegation in respect of the employee.\n\nS. 16V(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.35(b)(i)(ii)).\n\n(2) The Social Services Regulator, by written notice, may require any other regulator of an employee of an entity to provide to the Social Services Regulator information and documents in relation to—\n\nS. 16V(2)(a) amended by No. 58/2025 s. 55(Sch. 1 item 1.35(b)(iii)).\n\n(a) an investigation of a reportable allegation in respect of the employee that is being conducted by that regulator; or\n\nS. 16V(2)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.35(b)(i)).\n\n(b) the employee for the purpose of an investigation of a reportable allegation in respect of the employee that is being conducted by the Social Services Regulator.\n\n(3) A regulator that is given a notice under subsection (2) must comply with the notice.\n\nS. 16W (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.36).\n\nS. 16W inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.37).\n\n","sortOrder":53},{"sectionNumber":"16W","sectionType":"section","heading":"Social Services Regulator may monitor regulator's investigation","content":"\t16W Social Services Regulator may monitor regulator's investigation\n\nThe Social Services Regulator may monitor the progress of an investigation by any other regulator of a reportable allegation if the Social Services Regulator considers it is in the public interest to do so.\n\nS. 16X (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.38).\n\nS. 16X inserted by No. 4/2017 s. 6.\n\n","sortOrder":54},{"sectionNumber":"16X","sectionType":"section","heading":"Regulator may disclose information or documents to Social Services Regulator","content":"\t16X Regulator may disclose information or documents to Social Services Regulator\n\nS. 16X(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.39(a)).\n\n(1) Despite any law to the contrary, a regulator (other than the Social Services Regulator) may disclose to the Social Services Regulator any information or documents for the purpose of the reportable conduct scheme.\n\nS. 16X(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.39(b)).\n\n(2) A regulator of an entity must provide to the Social Services Regulator any information or documents requested in writing by the Social Services Regulator in relation to—\n\n(a) a reportable allegation; or\n\n(b) the regulator's investigation of a reportable allegation; or\n\n(c) the findings, reasons for the findings, and recommendations of the regulator made at the conclusion of an investigation by the regulator.\n\nS. 16Y inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.40).\n\n","sortOrder":55},{"sectionNumber":"16Y","sectionType":"section","heading":"Disclosure of information or documents","content":"\t16Y Disclosure of information or documents\n\nA disclosure of information or documents to the Social Services Regulator by any person that is made in good faith under this Part—\n\n(a) does not for any purpose constitute unprofessional conduct or a breach of professional ethics on the part of the person by whom it is made; and\n\n(b) does not make the person by whom it is made subject to any liability in respect of it; and\n\n(c) without limiting paragraphs (a) and (b), does not constitute a contravention of—\n\n(i) section 141 of the **Health Services Act 1988**; or\n\nS. 16Y(c)(ii) amended by No. 39/2022 s. 784.\n\n(ii) section 730 of the **Mental Health and Wellbeing Act 2022**.\n\nS. 16Z inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.41).\n\n","sortOrder":56},{"sectionNumber":"16Z","sectionType":"section","heading":"Protection against self-incrimination","content":"\t16Z Protection against self-incrimination\n\nIt is a reasonable excuse for an individual to refuse or fail to give information or documents to the Social Services Regulator in response to questioning or a request or requirement under this Part if the giving of the information or documents would tend to incriminate the individual.\n\nS. 16ZA inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.42).\n\n\t16ZA Assistance to be provided\n\nAn entity or the head of an entity must ensure that the Social Services Regulator or an authorised person is given any assistance in connection with the reasonable performance of the Social Services Regulator's functions under this Part that the Social Services Regulator or the authorised person reasonably requires.\n\nS. 16ZB inserted by No. 4/2017 s. 6.\n\n\t16ZB Disclosure of information about investigations to children, parents and carers\n\n(1) This section applies to the following information in relation to an investigation conducted under section 16N or 16O—\n\n(a) information about the progress of the investigation;\n\n(b) the findings, reasons for the findings and the recommendations made at the conclusion of the investigation;\n\n(c) any action taken in response to those findings.\n\nS. 16ZB(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.43).\n\n(2) The Social Services Regulator, the head of an entity or any other regulator may disclose the information referred to in subsection (1) to—\n\n(a) the child in relation to whom an employee of an entity is alleged to have committed reportable conduct or misconduct that may involve reportable conduct; or\n\n(b) a parent (within the meaning of the **Children, Youth and Families Act** **2005**) of the child; or\n\n(c) the Secretary to the Department of Health and Human Services if the Secretary has parental responsibility for the child; or\n\n(d) a person who has daily care and control of the child, whether or not that care involves custody of the child; or\n\nS. 16ZB(2)(e) amended by No. 17/2023 s. 54.\n\n(e) if the child is in out of home care (within the meaning of the **Children, Youth and Families Act 2005**), the out of home carer (within the meaning of section 161A of that Act) who provides that care.\n\n(3) Nothing in this section limits any disclosure that may otherwise be made under any Act or law.\n\nS. 16ZC (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.44).\n\nS. 16ZC inserted by No. 4/2017 s. 6.\n\n\t16ZC Disclosure of information to the Social Services Regulator, the head of an entity, any other regulator, Victoria Police and others\n\n(1) This section applies to information in relation to the following—\n\n(a) a reportable allegation;\n\n(b) a concern that reportable conduct has been committed;\n\n(c) the investigation of a matter referred to in paragraph (a) or (b);\n\n(d) the findings, reasons for the findings and the recommendations made at the conclusion of the investigation;\n\n(e) the action taken in response to those findings.\n\nS. 16ZC(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.45).\n\n(2) The Social Services Regulator, the head of an entity and any other regulator may disclose information referred to in subsection (1) to—\n\n(a) each other; and\n\n(b) the Chief Commissioner of Police; and\n\n(c) if necessary for the purposes of an investigation, an independent investigator; and\n\nS. 16ZC(2)(d) substituted by No. 34/2020 s. 174, repealed by No. 58/2025 s. 53.\n\nS. 16ZC(2)(da) inserted by No. 58/2025 s. 7.\n\n(da) any person or body, including a corresponding reportable conduct regulator, if the information relates to the performance of a function or exercise of a power conferred on that person or body by or under a corresponding reportable conduct law; and\n\n(e) a relevant Minister; and\n\nS. 16ZC(2)(f) amended by No. 4/2018 s. 6(a).\n\n(f) any other prescribed person or body in relation to a prescribed matter, or a prescribed class of matters; and\n\nS. 16ZC(2)(g) inserted by No. 4/2018 s. 6(b).\n\n(g) any other prescribed person or body in relation to a prescribed matter, or a prescribed class of matters, if the information relates to the performance of a function conferred on the person or body by or under the laws of the Commonwealth, a State or a Territory.\n\nS. 16ZD inserted by No. 4/2017 s. 6, amended by Nos 34/2020 s. 175, 58/2025 s. 8, repealed by No. 58/2025 s. 54.\n\nS. 16ZE inserted by No. 4/2017 s. 6.\n\n\t16ZE Prohibition on publishing certain information\n\nS. 16ZE(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.46).\n\n(1) A person must not publish, or cause to be published, any information that would enable the identification of a person who has notified the Social Services Regulator of—\n\n(a) a reportable allegation; or\n\n(b) a concern that reportable conduct has occurred.\n\nPenalty: In the case of a body corporate, 300 penalty units;\n\n(2) A person must not publish, or cause to be published, any information that would enable the identification of a child in relation to whom—\n\n(a) a reportable allegation was made; or\n\n(b) a finding of reportable conduct was made.\n\nPenalty: In the case of a body corporate, 300 penalty units;\n\n(3) Subsections (1) and (2) do not apply to the publication of information permitted by or under any other Act.\n\nS. 16ZE(3A) inserted by No. 23/2017 s. 31.\n\n(3A) Subsections (1) and (2) do not prevent a disclosure that is made for the purposes of Part 5A of the **Family Violence Protection Act 2008** by an information sharing entity (within the meaning of that Act).\n\nS. 16ZE(3B) inserted by No. 11/2018 s. 7.\n\n(3B) Subsections (1) and (2) do not prevent a disclosure that is made for the purposes of Part 6A by an information sharing entity or a restricted information sharing entity.\n\n(4) In this section—\n\n***publish*** means disseminate or provide access to the public or a section of the public by any means, including by—\n\n(a) publication in a book, newspaper, magazine or other written publication; or\n\n(b) broadcast by radio or television; or\n\n(c) public exhibition; or\n\n(d) broadcast or electronic communication.\n\nS. 16ZF inserted by No. 4/2017 s. 6, amended by No. 17/2023 s. 27.\n\n\t16ZF False or misleading information\n\nA person must not in purported compliance with this Part or Part 5B—\n\n(a) give information or make a statement that the person knows to be false or misleading in a material particular; or\n\n(b) produce a document that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.\n\nPenalty: In the case of a body corporate, 100 penalty units;\n\nIn any other case, 10 penalty units.\n\nS. 16ZG inserted by No. 4/2017 s. 6.\n\n\t16ZG Notice to produce\n\nS. 16ZG(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.47(a)).\n\n(1) This section applies if an entity has not complied with a written request from the Social Services Regulator for information or documents under this Part.\n\nS. 16ZG(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.47(b)).\n\n(2) If the request is made under section 16K(2) in relation to a system referred to in section 16K(1), the Social Services Regulator may give notice under subsection (3) if the Social Services Regulator believes on reasonable grounds that the entity does not have such a system in place.\n\nS. 16ZG(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.47(b)).\n\n(3) The Social Services Regulator, by written notice, may require an entity to produce a specified document or category of documents to the Social Services Regulator before a specified date (being not less than 14 days after the day on which the notice is given).\n\n(4) A notice under subsection (3) must be in the prescribed form, if any, and must specify—\n\n(a) the document or category of documents that must be produced; and\n\n(b) the date by which the document or category of documents must be provided; and\n\n(c) if the notice relates to a system referred to in section 16K(1), the grounds referred to in subsection (2); and\n\n(d) the maximum civil penalty payable if the Magistrates' Court makes a declaration under section 16ZH; and\n\n(e) the process for seeking an internal review of the decision to give the notice to produce; and\n\n(f) the prescribed matters, if any.\n\nS. 16ZG(5) amended by No. 58/2025 s. 55(Sch. 1 item 1.47(a)).\n\n(5) An entity given a notice under subsection (3) must provide each document specified in the notice to the Social Services Regulator on or before the date specified in the notice.\n\nS. 16ZG(6) amended by No. 58/2025 s. 55(Sch. 1 item 1.47(a)).\n\n(6) The Social Services Regulator, by further written notice given at any time, may vary or revoke a notice under subsection (3).\n\nS. 16ZH inserted by No. 4/2017 s. 6.\n\n\t16ZH Application for declaration and order that entity pay a civil penalty\n\nS. 16ZH(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.48).\n\n(1) If an entity fails to comply with a notice to produce, the Social Services Regulator may apply to the Magistrates' Court for—\n\n(a) a declaration that the entity has failed to comply with the notice; and\n\n(b) an order requiring the entity to pay a civil penalty.\n\n(2) The Magistrates' Court may make the declaration sought if the court is satisfied that—\n\n(a) the entity has failed to comply with the notice to produce; and\n\n(b) the failure was unreasonable.\n\nS. 16ZH(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.48).\n\n(3) If the Magistrates' Court makes a declaration under subsection (2), the court may order the entity to pay to the Social Services Regulator for payment into the Consolidated Fund an amount not exceeding $9000 as a civil penalty.\n\n(4) In determining the amount of a civil penalty, the Magistrates' Court must consider—\n\n(a) the size of the entity; and\n\n(b) the impact of the civil penalty on the entity; and\n\n(c) whether the non-compliance with the notice to produce was wilful or serious.\n\n(5) An order made under this section is taken, for the purposes of enforcement, to be an order made by the Magistrates' Court in a civil proceeding.\n\nS. 16ZH(6) amended by No. 58/2025 s. 55(Sch. 1 item 1.48).\n\n(6) A civil penalty paid to the Social Services Regulator in accordance with an order made under this section must be paid into the Consolidated  \nFund.\n\nS. 16ZI inserted by No. 4/2017 s. 6.\n\n\t16ZI Internal review\n\nS. 16ZI(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.49(a)).\n\n(1) An employee of an entity may seek a review by the Social Services Regulator of a finding made at the conclusion of an investigation under section 16O.\n\nS. 16ZI(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.49(b)).\n\n(2) An entity may seek a review by the Social Services Regulator of a decision of the Social Services Regulator to give a notice to produce.\n\nS. 16ZI(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.49(a)).\n\n(3) The Social Services Regulator must prepare and implement a process for the review of—\n\n(a) a finding made at the conclusion of an investigation under section 16O; or\n\n(b) a decision to give a notice to produce.\n\nS. 16ZJ inserted by No. 4/2017 s. 6.\n\n\t16ZJ Review by VCAT\n\nS. 16ZJ(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.50).\n\n(1) An employee of an entity may apply to VCAT for review of a decision by the Social Services Regulator that the employee has committed reportable conduct.\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, an employee of an entity requests a statement of reasons for the decision, the day on which the statement of reasons is given to the employee or the employee is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\n(3) Before an employee of an entity is entitled to apply to VCAT for the review of a decision referred to in subsection (1), the employee must have exhausted all available avenues for the internal review of the decision.\n\nS. 16ZJA inserted by No. 4/2018 s. 7.\n\n\t16ZJA Delegation\n\nThe Secretary to a Department, as the head of an entity, by instrument, may delegate to a person employed under Part 3 of the **Public Administration Act 2004** who is working in the Department any power, function or duty of the Secretary under this Part.\n\nS. 16ZK inserted by No. 4/2017 s. 6.\n\n\t16ZK Service of documents\n\nS. 16ZK(1) amended by No. 17/2023 s. 28.\n\n(1) A document that is authorised or required by this Part or Part 5B to be served on or given to a person is served by—\n\n(a) delivering personally a true copy of the document to the person; or\n\n(b) leaving a true copy of the document for the person at the person's last known or usual place of residence or business with a person who apparently resides or works there and who apparently is over the age of 16 years; or\n\n(c) sending a true copy of the document by post addressed to the person at the person's last known or usual place of residence or business.\n\nS. 16ZK(2) amended by No. 17/2023 s. 28.\n\n(2) A document that is authorised or required by this Part or Part 5B to be served on or given to an entity that is not a legal person is served by—\n\n(a) delivering personally a true copy of the document to the head of the entity; or\n\n(b) leaving a true copy of the document for the head of the entity at the last known or usual place of business of the entity with a person who apparently works there and who apparently is over the age of 16 years; or\n\n(c) sending a true copy of the document by post addressed to the head of the entity at the last known or usual place of business of the entity.\n\nThe **Electronic Transactions (Victoria) Act 2000** applies to enable a document to be served electronically, including fax transmission and email, in accordance with that Act.\n\nS. 16ZKA inserted by No. 17/2023 s. 21.\n\n\t16ZKA Power to bring a proceeding\n\nS. 16ZKA(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.51).\n\n(1) A proceeding for an offence against this Part may be commenced by the Social Services Regulator or a police officer.\n\n(2) A proceeding commenced under subsection (1) may be taken over and continued at any time by any other person authorised by subsection (1) to commence proceedings.\n\n(3) In a proceeding for an offence against this Part, it must be presumed, in the absence of evidence to the contrary, that the person commencing the proceeding was authorised to commence the proceeding.\n\nS. 16ZKB inserted by No. 17/2023 s. 21.\n\n\t16ZKB Time for commencing proceeding for offence against section 16M(4)\n\nDespite section 7(1) of the **Criminal Procedure Act 2009**, a proceeding for an offence against section 16M(4) may be commenced within 3 years of the commission of the alleged offence.\n\nS. 16ZL inserted by No. 4/2017 s. 6.\n\n\t16ZL Annual reports and other reports\n\nS. 16ZL(1) substituted by No. 17/2023 s. 29, amended by No. 58/2025 s. 55(Sch. 1 item 1.52(a)).\n\n(1) The Social Services Regulator in its annual report for a financial year under Part 7 of the **Financial Management Act 1994** must include, for the financial year to which the report of operations relates—\n\n(a) a review of the operation of the reportable conduct scheme; and\n\nS. 16ZL(1)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.52(a)).\n\n(b) details of activities engaged in by the Social Services Regulator under this Part and Part 5B to monitor and enforce compliance with section 16M.\n\nS. 16ZL(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.52(b)).\n\n(2) The Social Services Regulator must give a further report of the operation of the reportable conduct scheme to the Minister and the Secretary to the Department of Health and Human Services at any time at the request of the Minister or the Secretary.\n\nS. 16ZL(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.52(b)).\n\n(3) A review under subsection (1) or a report under subsection (2) may include a statement about trends observed by the Social Services Regulator in relation to the reportable conduct scheme.\n\nS. 16ZL(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.52(b)).\n\n(4) The Social Services Regulator must not include in a review under subsection (1) or a report under subsection (2)—\n\n(a) information that identifies a child; or\n\n(b) information from which the identity of a child can be determined.\n\nS. 16ZL(5) amended by No. 58/2025 s. 55(Sch. 1 item 1.52(b)(c)).\n\n(5) Before submitting a report under subsection (1) or (2) that includes any comment or opinion that is adverse to an entity, any other regulator or any person, the Social Services Regulator must give the entity, regulator or person an opportunity to comment on the adverse comment or opinion.\n\nS. 16ZL(6) amended by No. 58/2025 s. 55(Sch. 1 item 1.52(b)).\n\n(6) The Social Services Regulator must give a copy of a report submitted under subsection (1) or (2) to any other Minister and the Secretary to any other Department if the report considers a matter that is the responsibility of that Minister or that Secretary.\n\nS. 16ZM inserted by No. 4/2017 s. 6.\n\n\t16ZM Giving a report to Parliament\n\n(1) This section applies if at least 14 days have elapsed since the persons referred to in section 16ZL(2) were given a report under that subsection.\n\nS. 16ZM(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.53(a)).\n\n(2) The Social Services Regulator may give a copy of a report under section 16ZL(2) to the clerk of each House of the Parliament.\n\n(3) The clerk of each House of the Parliament must cause the report to be laid before the House on—\n\n(a) the day on which it is received; or\n\n(b) the next sitting day of the House.\n\nS. 16ZM(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.53(b)(i)).\n\n(4) If the Social Services Regulator proposes to give the report to Parliament when neither House of the Parliament is sitting, the Social Services Regulator must—\n\nS. 16ZM(4)(a) amended by No. 58/2025 s. 55(Sch. 1 item 1.53(b)(ii)).\n\n(a) give one business day's notice of the Social Services Regulator's intention to do so to the clerk of each House of the Parliament; and\n\n(b) give the copy of the report to the clerk of each House of the Parliament on the day indicated in the notice; and\n\n(c) cause the report to be published by the Government Printer.\n\n(5) The clerk of a House of the Parliament must notify each member of the House of the receipt of a notice under subsection (4)(a) as soon as practicable after the clerk receives the notice.\n\n(6) On receiving a copy of the report under subsection (4)(b), the clerk of the House of the Parliament must—\n\n(a) as soon as practicable after the report is received, notify each member of the House of the receipt of the report and advise that the report is available on request; and\n\n(b) give a copy of the report to any member of the House on request; and\n\n(c) cause the copy of the report to be laid before the House on the next sitting day of the House.\n\n(7) A copy of a report that is given to the clerk of a House of the Parliament under subsection (2) or (4)(b) is taken to have been published by order, or under the authority, of that House.\n\nS. 16ZN inserted by No. 4/2017 s. 6, repealed by No. 58/2025 s. 55(Sch. 1 item 1.54).\n\nPt 5B (Headings and ss 16ZO–16ZZR) inserted by No. 17/2023 s. 30.\n\nPart 5B—Enforcement and monitoring of compliance with section 16M\n\nDivision 1—Reportable conduct authorised officers\n\nS. 16ZO inserted by No. 17/2023 s. 30.\n\n\t16ZO Appointment of reportable conduct authorised officer\n\nS. 16ZO(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.55(a)).\n\n(1) The Social Services Regulator may, by instrument, appoint any person or class of persons employed or engaged by the Social Services Regulator to be a reportable conduct authorised officer for the purposes of this Part.\n\n(2) An appointment under this section—\n\n(a) may be subject to any specified conditions; and\n\nS. 16ZO(2)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.55(b)).\n\n(b) may be varied, suspended or revoked by the Social Services Regulator at any time.\n\nS. 16ZO(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.55(b)).\n\n(3) The Social Services Regulator must not appoint a person under this section unless it is satisfied that the person is appropriately qualified or has successfully completed appropriate training.\n\nS. 16ZP inserted by No. 17/2023 s. 30.\n\n\t16ZP Identity card for reportable conduct authorised officer\n\nS. 16ZP(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.56(a)).\n\n(1) If the Social Services Regulator appoints a reportable conduct authorised officer under section 16ZO, the Social Services Regulator must—\n\n(a) issue the officer with an identity card that complies with subsection (2); or\n\n(b) if the reportable conduct authorised officer is also an authorised officer appointed under section 27 and has a current identity card issued under section 28(1) (the ***existing identity card***)—\n\n(i) amend the existing identity card so that it complies with the requirements of subsection (2); or\n\n(ii) issue a supplementary identity card complying with any requirements of subsection (2) that are not met by the existing identity card; or\n\n(iii) request the authorised officer to return the existing identity card and issue a new identity card that complies with the requirements of section 28(2) and subsection (2).\n\n(2) An identity card must—\n\n(a) state the reportable conduct authorised officer's name; and\n\n(b) contain a photograph of the officer; and\n\nS. 16ZP(2)(c) amended by No. 58/2025 s. 55(Sch. 1 item 1.56(b)).\n\n(c) state that the person to whom it is issued is a reportable conduct authorised officer appointed by the Social Services Regulator for the purposes of this Part.\n\nS. 16ZP(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.56(b)).\n\n(3) A reportable conduct authorised officer must return the identity card issued under this section to the Social Services Regulator as soon as practicable after their appointment under section 16ZO expires or is revoked.\n\nS. 16ZQ inserted by No. 17/2023 s. 30.\n\n\t16ZQ Production of identity card\n\n(1) Subject to subsection (3), a reportable conduct authorised officer must produce the officer's identity card for inspection before exercising a power under this Part if asked to do so.\n\n(2) If it is not practicable to comply with subsection (1) before exercising the power, the reportable conduct authorised officer must produce the identity card for inspection at the first reasonable opportunity.\n\n(3) If a reportable conduct authorised officer enters (whether with or without a warrant) any premises or place for the purposes of exercising a power or performing a function under this Part, the officer must produce the officer's identity card for inspection immediately before or upon the first entry to the premises or place.\n\nDivision 2—Powers of entry and inspection\n\nS. 16ZR inserted by No. 17/2023 s. 30.\n\n\t16ZR Powers of reportable conduct authorised officers to enter premises\n\n(1) A reportable conduct authorised officer may enter and inspect any premises or place if the officer reasonably believes it is a premises or place from or in which an entity—\n\n(a) operates; or\n\n(b) exercises care, supervision or authority over children; or\n\n(c) provides support for an activity referred to in paragraph (a) or (b).\n\n(2) Subject to subsection (3), a reportable conduct authorised officer may only enter a premises or place under subsection (1)—\n\n(a) if the officer has provided notice to the occupier of the premises or place in accordance with section 16ZS and the occupier consents to the entry, for the purposes of monitoring compliance by the head of an entity with section 16M(1); or\n\n(b) in accordance with a warrant issued under section 16ZV in relation to the premises or place; or\n\n(c) in the case of any premises or place other than residential premises, if the officer reasonably believes that the head of the entity is not complying, or has not complied with section 16M(1).\n\n(3) While exercising a power of entry under subsection (2)(a) or (c), a reportable conduct authorised officer must not enter any part of a premises or place in which the entity provides accommodation or residential services unless—\n\n(a) the resident of that part of the premises or place consents to the entry; or\n\n(b) if the resident is unable to consent, the resident's parent or guardian consents to the entry.\n\n(4) Before obtaining the consent of the resident, parent or guardian for the purposes of subsection (3), the reportable conduct authorised officer must—\n\n(a) inform the resident, parent or guardian—\n\n(ii) that the resident, parent or guardian may refuse to consent to the entry; and\n\n(iii) that the resident, parent or guardian may refuse to consent to the seizure of any thing by the authorised officer during the entry; and\n\n(iv) that the officer may exercise any or all of the powers set out in section 16ZT during the entry without obtaining further consent from the resident, parent or guardian; and\n\n(v) that the resident, parent or guardian may refuse to consent to the officer exercising a power specified in section 16ZT during the entry; and\n\n(vi) that any thing seized by the officer during the entry with the consent of the resident, parent or guardian may be used in evidence in proceedings in relation to offences under this Act; and\n\n(b) ask the resident, parent or guardian to sign an acknowledgement setting out—\n\n(i) that the resident, parent or guardian has been informed of the matters set out in paragraph (a); and\n\n(ii) that the resident, parent or guardian consents to the entry; and\n\n(iii) the time and date the resident, parent or guardian provided consent.\n\n(5) A resident, parent or guardian who signs an acknowledgement under subsection (4)(b) must be given a copy of the signed acknowledgement before the reportable conduct authorised officer leaves the premises.\n\n(6) A signed acknowledgement under subsection (4)(b) is evidence that the resident, parent or guardian consented to the entry of a premises or place.\n\n(7) If, in any proceeding, a signed acknowledgement under subsection (4)(b) is not produced to the court or tribunal, it must be presumed until the contrary is proved that the resident, parent or guardian did not consent to the entry of a premises or place.\n\n(8) A reportable conduct authorised officer may exercise a power of entry under subsection (2)(a) or (c)—\n\n(a) during the normal business hours of the premises or place; and\n\n(b) if the entity provides services outside normal business hours, during the entity's hours of operation; and\n\n(c) at any time if the occupier consents to the entry.\n\n(9) If the reportable conduct authorised officer is on the premises or place with the consent of the occupier or a resident, parent or guardian, the officer must leave the premises or place if the occupier, resident, parent or guardian asks the officer to do so.\n\nS. 16ZS inserted by No. 17/2023 s. 30.\n\n\t16ZS Notice required for entry with consent\n\n(1) A reportable conduct authorised officer must not exercise a power of entry or inspection under section 16ZR(2)(a), unless the officer before obtaining the occupier's consent—\n\n(a) produces the officer's identity card for inspection; and\n\n(b) informs the occupier—\n\n(ii) that the occupier may refuse to consent to the entry; and\n\n(iii) that the occupier may refuse to consent to the seizure of any thing by the authorised officer during the entry; and\n\n(iv) that the officer may exercise any or all of the powers set out in section 16ZT during the entry without obtaining further consent from the occupier; and\n\n(v) that the occupier may refuse to consent to the officer exercising a power specified in section 16ZT during the entry; and\n\n(vi) that any thing seized by the authorised officer during the entry with the consent of the occupier may be used in evidence in proceedings in relation to offences under this Act; and\n\n(c) asks the occupier to sign an acknowledgement setting out—\n\n(i) that the occupier has been informed of the matters set out in paragraph (b); and\n\n(ii) that the occupier consents to the entry; and\n\n(iii) the time and date the occupier provided consent.\n\n(2) An occupier who signs an acknowledgement under subsection (1)(c) must be given a copy of the signed acknowledgement before the reportable conduct authorised officer leaves the premises or place.\n\n(3) A signed acknowledgement under subsection (1)(c) is evidence that the occupier consented to the entry of a premises or place.\n\n(4) If, in any proceeding, a signed acknowledgement under subsection (1)(c) is not produced to the court or tribunal, it must be presumed until the contrary is proved that the occupier did not consent to the entry of a premises or place.\n\nS. 16ZT inserted by No. 17/2023 s. 30.\n\n\t16ZT Powers after entry and consent\n\n(1) This section applies if a reportable conduct authorised officer enters any premises or place under section 16ZR(2)(a).\n\n(2) The reportable conduct authorised officer may do any of the following—\n\n(e) take photographs, or make any type of recording or sketches, of any document, thing or activity at the premises or place;\n\n(h) use and operate any equipment and materials, including but not limited to any disk, tape or storage device, at the premises or place;\n\n(i) secure any electronic equipment that the officer reasonably believes stores or contains information that may be lost, destroyed or tampered with if the equipment is not secured;\n\n(j) request any person at the premises to give information that the officer reasonably believes is necessary to determine whether or not the head of an entity is complying, or has complied, with section 16M(1);\n\n(k) seize any document or any other thing at the premises or place that the officer reasonably believes is evidence relevant to whether the head of an entity is not complying, or has not complied, with section 16M(1);\n\n(l) request any person at the premises or place to provide the officer with any reasonable assistance;\n\n(m) request any person at the premises or place to comply with any lawful direction, whether written or oral, of the officer.\n\n(3) A reportable conduct authorised officer may exercise a power under subsection (2) only if the officer reasonably believes it is necessary to do so to investigate whether the head of an entity is not complying, or has not complied, with section 16M(1).\n\nS. 16ZU inserted by No. 17/2023 s. 30.\n\n\t16ZU Acknowledgement of document or thing seized during entry with consent\n\n(1) The reportable conduct authorised officer must not seize any document or thing under section 16ZT(2)(k) unless the officer asks the owner to sign an acknowledgement setting out—\n\n(a) that the owner consents to the seizure of the document or thing; and\n\n(b) the time and date the owner provided consent.\n\n(2) An owner who signs an acknowledgement under subsection (1) must be given a copy of the signed acknowledgement before the reportable conduct authorised officer leaves the premises.\n\n(3) A signed acknowledgement under subsection (1) is evidence that the owner consented to the seizure of a document or thing.\n\n(4) If, in any proceeding, a signed acknowledgement under subsection (1) is not produced to the court or tribunal, it must be presumed until the contrary is proved that the owner did not consent to the seizure of a document or thing.\n\nS. 16ZV inserted by No. 17/2023 s. 30.\n\n\t16ZV Application for warrant\n\n(1) A reportable conduct authorised officer may apply to a magistrate for a warrant in relation to any premises or place if the officer believes on reasonable grounds that—\n\n(a) entry to the premises or place is necessary to investigate whether the head of an entity is not complying, or has not complied, with section 16M(1); or\n\n(b) documents or other things relevant to the possible contravention of section 16M(4) may be, or within 72 hours may be, present at the premises or place.\n\n(2) The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or by affirmation, that there are reasonable grounds to believe that entry to the premises or place is necessary on the grounds on which issue of the warrant is sought.\n\n(3) A warrant issued under subsection (2) may authorise a reportable conduct authorised officer, with necessary and reasonable help and force—\n\n(a) to enter the premises or place, or any specified part of the premises or place, on one occasion; and\n\n(b) to search for and seize a document or thing specified in the warrant; and\n\n(c) to seize any other document or thing, or to copy or take an extract from any document, that the officer reasonably believes is relevant to a possible contravention of section 16M(4).\n\n(4) A warrant issued under subsection (2) must state—\n\n(a) the purpose for which the warrant is issued; and\n\n(b) the premises or place to be entered under the warrant; and\n\n(c) any document or thing that may be seized under the warrant; and\n\n(d) whether the entry is authorised to be made at any time of the day or during specified hours of the day; and\n\n(e) any conditions to which the warrant is subject; and\n\n(f) the day, within 7 days of the issue of the warrant, on which the warrant ceases to have effect; and\n\n(g) that the warrant is issued in accordance with the **Magistrates' Court Act 1989**.\n\n(5) Subject to this section, the rules that apply to search warrants under the **Magistrates' Court Act 1989** extend and apply to a warrant issued under this section.\n\n(6) Section 78(1)(b)(iii) of the **Magistrates' Court Act 1989** does not apply to a warrant issued under this section.\n\nS. 16ZW inserted by No. 17/2023 s. 30.\n\n\t16ZW Entry under warrant\n\n(1) Before entering any premises or place under a warrant issued under section 16ZV, a reportable conduct authorised officer must—\n\n(a) announce that the officer is authorised by the warrant to enter the premises or place; and\n\n(b) give any person at the premises or place an opportunity to allow entry to the premises or place; and\n\n(c) if the occupier is present at the premises or place, give the occupier a copy of the warrant.\n\nSection 16ZQ(3) sets out requirements for reportable conduct authorised officers to produce identity cards.\n\n(2) Subsection (1) does not apply if the reportable conduct authorised officer believes on reasonable grounds that immediate entry to the premises or place is required to ensure that the effective execution of the warrant is not frustrated.\n\nS. 16ZX inserted by No. 17/2023 s. 30.\n\n\t16ZX Powers after entry under warrant\n\n(1) This section applies if a reportable conduct authorised officer enters any premises or place under a warrant issued under section 16ZV.\n\n(2) The reportable conduct authorised officer may, subject to any condition of the warrant, do any of the following if the officer considers it reasonably necessary for the purposes of executing the warrant—\n\n(e) take photographs, or make any type of recording or sketches, of any document, thing or activity at the premises or place;\n\n(h) use and operate any equipment and materials, including but not limited to any disk, tape or storage device, at the premises or place;\n\n(i) secure any electronic equipment that the officer reasonably believes stores or contains information that may be lost, destroyed or tampered with if the equipment is not secured;\n\n(j) any other thing the officer considers reasonably necessary.\n\n(3) The reportable conduct authorised officer may, subject to any condition of the warrant, require a person to do any of the following if the officer considers it reasonably necessary for the purposes of executing the warrant—\n\n(a) produce a document or part of a document located at the premises or place that is under that person's possession or control;\n\n(b) disclose any information that the officer reasonably believes the person has that relates to whether the head of an entity is not complying, or has not complied, with section 16M(1);\n\n(c) provide the officer with any reasonable assistance;\n\n(d) operate any equipment at the premises or place to enable the officer to access information stored on the equipment;\n\n(e) comply with any lawful direction, whether written or oral, of the officer.\n\n(4) If a reportable conduct authorised officer requires a person to do any thing under subsection (3), the officer must—\n\n(a) inform the person that it is an offence to fail or refuse to comply with the requirement without reasonable excuse; and\n\n(b) inform the person that it is a reasonable excuse for the person to refuse or fail to comply with the requirement if complying with the requirement would tend to incriminate the person; and\n\n(5) Subject to any condition of the warrant, if the reportable conduct authorised officer secures any electronic equipment under subsection (2)(i), that equipment may be secured—\n\n(a) subject to subsection (6), until the earlier of the following—\n\n(ii) the time at which the reportable conduct authorised officer, or a person providing technical assistance to the officer, operates the equipment for the purpose of obtaining information described in subsection (2)(i); or\n\n(6) Subject to any condition of the warrant, the reportable conduct authorised officer may apply to a magistrate for an extension of the period during which electronic equipment may be secured if the officer reasonably believes that the extension is necessary to obtain information described in subsection (2)(i).\n\nS. 16ZY inserted by No. 17/2023 s. 30.\n\n\t16ZY Failure to provide assistance\n\n(1) A person must not, without reasonable excuse, fail to comply with a requirement made by a reportable conduct authorised officer under section 16ZX(3).\n\n(2) Subsection (1) does not apply to a person if the reportable conduct authorised officer did not inform the person, in accordance with section 16ZX(4)(b), that it is a reasonable excuse to refuse or fail to comply with the requirement if complying with the requirement would tend to incriminate the person.\n\nS. 16ZZ inserted by No. 17/2023 s. 30.\n\n\t16ZZ Powers after entry without consent or warrant\n\n(1) This section applies if a reportable conduct authorised officer enters any premises or place in accordance with section 16ZR(2)(c).\n\n(2) The reportable conduct authorised officer may do any of the following—\n\n(e) take photographs, or make any type of recording or sketches, of any document, thing or activity at the premises or place;\n\n(h) use and operate any equipment and materials, including but not limited to any disk, tape or storage device, at the premises or place;\n\n(i) secure any electronic equipment that the officer reasonably believes stores or contains information that may be lost, destroyed or tampered with if the equipment is not secured;\n\n(j) with the consent of the owner of the document or thing, seize any document or any other thing at the premises or place that the officer reasonably believes is evidence relevant to whether the head of an entity is not complying, or has not complied, with section 16M(1).\n\n(3) The reportable conduct authorised officer may require a person at the premises or place to do any of the following—\n\n(a) produce a document or part of a document located at the premises or place that the officer reasonably believes the person has that relates to whether the head of an entity is not complying, or has not complied, with section 16M(1);\n\n(b) disclose any information that the officer reasonably believes the person has that relates to whether the head of an entity is not complying, or has not complied, with section 16M(1);\n\n(c) operate any equipment at the premises or place to enable the officer to access information stored on the equipment.\n\n(4) If a reportable conduct authorised officer requires a person to do any thing under subsection (3), the officer must—\n\n(a) inform the person that it is an offence to fail or refuse to comply with the requirement without reasonable excuse; and\n\n(b) inform the person that it is a reasonable excuse for the person to refuse or fail to comply with the requirement if complying with the requirement would tend to incriminate the person; and\n\n(5) The reportable conduct authorised officer may request a person at the premises or place to do any of the following—\n\n(a) provide the officer with any reasonable assistance;\n\n(b) comply with any lawful direction, whether written or oral, of the officer.\n\n(6) A reportable conduct authorised officer may exercise a power under subsection (2), (3) or (5) only if the officer reasonably believes it is reasonably necessary to do so to investigate whether the head of an entity is not complying, or has not complied, with section 16M(1).\n\n(7) If the reportable conduct authorised officer secures any electronic equipment under subsection (2)(i), that equipment may be secured—\n\n(a) subject to subsection (8), until the earlier of the following—\n\n(ii) the time at which the officer, or a person providing technical assistance to the officer, operates the equipment for the purpose of obtaining information described in subsection (2)(i); or\n\n(8) The reportable conduct authorised officer may apply to a magistrate for an extension of the period during which electronic equipment may be secured if the officer reasonably believes that the extension is necessary to obtain information described in subsection (2)(i).\n\nS. 16ZZA inserted by No. 17/2023 s. 30.\n\n\t16ZZA Acknowledgment of seizure during entry without consent\n\n(1) The reportable conduct authorised officer must not seize any document or thing under section 16ZZ(2)(j) unless the officer—\n\n(a) informs the owner that the owner may refuse to consent to the seizure; and\n\n(b) asks the owner to sign an acknowledgement setting out—\n\n(i) that the owner consents to the seizure of the document or thing; and\n\n(ii) the time and date the owner provided consent.\n\n(2) An owner who signs an acknowledgement under subsection (1) must be given a copy of the signed acknowledgement before the reportable conduct authorised officer leaves the premises.\n\n(3) A signed acknowledgement under subsection (1) is evidence that the owner consented to the seizure of a document or thing.\n\n(4) If, in any proceeding, a signed acknowledgement under subsection (1) is not produced to the court or tribunal, it must be presumed until the contrary is proved that the owner did not consent to the seizure of a document or thing.\n\nS. 16ZZB inserted by No. 17/2023 s. 30.\n\n\t16ZZB Failure to provide assistance\n\n(1) A person must not, without reasonable excuse, fail to comply with a requirement made by a reportable conduct authorised officer under section 16ZZ(3).\n\n(2) Subsection (1) does not apply to a person if the reportable conduct authorised officer did not inform the person, in accordance with section 16ZZ(4)(b), that it is a reasonable excuse to refuse or fail to comply with the requirement if complying with the requirement would tend to incriminate the person.\n\nS. 16ZZC inserted by No. 17/2023 s. 30.\n\n\t16ZZC Protection against self-incrimination\n\nS. 16ZZC(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.57).\n\n(1) It is a reasonable excuse for an individual to refuse or fail to comply with a requirement of a reportable conduct authorised officer or the Social Services Regulator under this Part if complying with the requirement would tend to incriminate the individual.\n\n(2) It is a reasonable excuse for an individual to refuse or fail to comply with a notice to produce, if complying with the notice would tend to incriminate the person.\n\n(3) It is a reasonable excuse for a person to refuse or fail to comply with a reportable conduct notice to produce or a notice to comply if—\n\n(a) in the case of a notice to produce, the person believes on reasonable grounds that the person does not have any document or information required to be produced under the notice; or\n\n(b) in the case of a notice to comply, the head of the entity reasonably considers that the head of the entity is unable to comply with the notice.\n\nS. 16ZZD inserted by No. 17/2023 s. 30.\n\n\t16ZZD Reportable conduct authorised officer may interview child\n\n(1) While exercising a power under section 16ZT(2), 16ZX(2) or 16ZZ(2), a reportable conduct authorised officer may interview a child present at the premises or place.\n\n(2) Before interviewing a child, the reportable conduct authorised officer must consider, and take all reasonable steps to mitigate, any negative effect that the interview may have on the child.\n\n(3) Without limiting subsection (2), the reportable conduct authorised officer must consider whether the child's primary family carer (within the meaning of the **Commission for Children and Young People Act 2012**) should be present during the interview.\n\nS. 16ZZE inserted by No. 17/2023 s. 30.\n\n\t16ZZE Affidavits\n\nA reportable conduct authorised officer who is an authorised affidavit taker within the meaning of the **Oaths and Affirmations Act 2018** may take an affidavit after entry to any premises or place in accordance with section 16ZR(2).\n\nS. 16ZZF inserted by No. 17/2023 s. 30.\n\n\t16ZZF Seizure of documents and things\n\n(1) If a reportable conduct authorised officer seizes a document or thing during entry to a premises or place under section 16ZT or 16ZZ or under a warrant issued under section 16ZV, the officer must—\n\n(a) give the owner of the document or thing a written receipt of the seizure; and\n\n(b) within 21 days of the seizure, give the owner a copy of that document certified by the officer.\n\n(2) A receipt under subsection (1)(a) must—\n\n(a) identify the document or thing seized; and\n\n(b) set out the name of the reportable conduct authorised officer and a method of contacting the officer; and\n\n(c) set out the reason for the seizure; and\n\n(d) contain any prescribed information.\n\n(3) The reportable conduct authorised officer must return any seized document or thing to the owner—\n\n(a) if the reason for the seizure no longer applies; or\n\n(b) if the document or thing was seized under section 16ZT(2) or 16ZZ(2), if the owner of the document or thing withdraws consent for the seizure.\n\n(4) If a seized document or thing is not returned to the owner within 3 months of the seizure, the reportable conduct authorised officer must take reasonable steps to return the document or thing to the owner unless—\n\n(a) the proceeding or investigation for which the document or thing was seized has commenced but is not resolved or finally determined; or\n\n(b) the Magistrates' Court by order extends the period during which the seized document or thing may be held; or\n\n(c) the owner consents to the document or thing being held for a longer period; or\n\n(d) the officer is authorised by any law to destroy, continue to hold or dispose of the document or thing.\n\n(5) The reportable conduct authorised officer may apply to a magistrate for an extension of not more than 3 months of the period during which a seized document or thing may be held.\n\n(6) The magistrate must not grant the extension sought unless the magistrate is satisfied that the extension is necessary for the purposes of an investigation into whether the head of an entity is not complying, or has not complied, with section 16M(1).\n\n(7) If the reportable conduct authorised officer makes an application for an extension under subsection (5), the officer must give the owner at least 7 days' notice of the hearing of the application.\n\n(8) The total period of all extensions granted under subsection (6) in relation to a particular document or thing must not exceed 12 months.\n\nS. 16ZZG inserted by No. 17/2023 s. 30.\n\n\t16ZZG Destruction of seized document or thing\n\nS. 16ZZG(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.58(a)).\n\n(1) If, after taking reasonable steps to do so, a reportable conduct authorised officer is not able to return a document or thing seized under section 16ZT or 16ZZ, or under a warrant issued under section 16ZV, to the owner, the Social Services Regulator may apply to a magistrate for permission to destroy the document or thing.\n\nS. 16ZZG(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.58(b)).\n\n(2) If the Social Services Regulator applies under subsection (1) for permission to destroy a document or thing, the Social Services Regulator must serve a copy of the application on the owner.\n\n(3) The magistrate may—\n\n(a) grant the permission sought if the magistrate considers it appropriate to do so; and\n\n(b) make any other order the magistrate considers appropriate, including but not limited to an order for the payment of costs for the destruction of the document or thing.\n\nS. 16ZZH inserted by No. 17/2023 s. 30.\n\n\t16ZZH Offence to obstruct or impersonate reportable conduct authorised officer\n\n(1) A person must not hinder or obstruct—\n\n(a) a reportable conduct authorised officer exercising a power under this Part; or\n\n(b) a person who is assisting a reportable conduct authorised officer exercising a power under this Part.\n\n(2) A person who is not a reportable conduct authorised officer must not, in any way, hold themselves out to be a reportable conduct authorised officer.\n\nPenalty: 30 penalty units.\n\nDivision 3—Notices to produce and notices to comply\n\nS. 16ZZI inserted by No. 17/2023 s. 30.\n\n\t16ZZI Notice to produce\n\nS. 16ZZI(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.59(a)).\n\n(1) If the Social Services Regulator reasonably believes that the head of an entity is not complying with, or has not complied with, section 16M(1), the Social Services Regulator may issue a written notice requiring the following to produce a specified document or information before a specified date (being not less than 14 days after the day on which the notice is given)—\n\n(a) the head of the entity;\n\nS. 16ZZI(1)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.59(a)).\n\n(b) any other person that the Social Services Regulator reasonably believes possesses the document or information.\n\n(2) A notice under subsection (1) must be in the prescribed form, if any, and must specify—\n\n(a) the document or category of documents that must be produced; and\n\n(b) the date by which the document or category of documents must be provided; and\n\n(c) the maximum civil penalty payable if the Magistrates' Court makes a declaration under section 16ZZL; and\n\n(d) the process for seeking an internal review of the decision to give a notice to produce; and\n\n(e) the prescribed matters, if any.\n\nS. 16ZZI(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.59(b)).\n\n(3) A person given a notice under subsection (1) must provide each document specified in the notice to the Social Services Regulator on or before the date specified in the notice.\n\nS. 16ZZI(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.59(b)).\n\n(4) The Social Services Regulator, by further written notice given at any time, may vary or revoke a notice under subsection (1).\n\nS. 16ZZJ inserted by No. 17/2023 s. 30.\n\n\t16ZZJ Reportable conduct notice to comply\n\nS. 16ZZJ(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.60(a)).\n\n(1) The Social Services Regulator may give the head of an entity a notice to comply if the Social Services Regulator reasonably believes that the head of the entity is not complying with section 16M(1)(a) or (b).\n\n(2) A reportable conduct notice to comply—\n\n(i) the reason for the issue of the notice to comply;\n\nS. 16ZZJ (2)(b)(ii) amended by No. 58/2025 s. 55(Sch. 1 item 1.60(b)).\n\n(ii) the grounds for the Social Services Regulator's belief that the head of the entity is not complying with section 16M(1)(a) or (b);\n\n(iii) the action that the head of the entity is required to take to address any issues that have been identified in the notice to comply;\n\n(iv) the date by which the head of the entity must take the action specified in the notice to comply, being not less than 14 days after the day on which the notice is given;\n\n(v) the maximum pecuniary penalty for failing to comply with the notice;\n\n(vi) the process for seeking a review of the decision to issue the notice;\n\n(vii) the prescribed matters (if any).\n\nS. 16ZZK inserted by No. 17/2023 s. 30.\n\n\t16ZZK Failure to comply with notice to produce or reportable conduct notice to comply\n\n(1) A person must not, without reasonable excuse, fail to comply with a notice to produce.\n\n(2) The head of an entity must not, without reasonable excuse, fail to comply with a reportable conduct notice to comply.\n\nS. 16ZZL inserted by No. 17/2023 s. 30.\n\n\t16ZZL Application for a declaration and order to pay a civil penalty\n\nS. 16ZZL(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.61).\n\n(1) If a person, without reasonable excuse, fails to comply with a notice to produce, the Social Services Regulator may apply to the Magistrates' Court for—\n\n(a) a declaration that the person has failed to comply with the notice; and\n\n(b) an order requiring the person to pay a civil penalty.\n\nS. 16ZZL(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.61).\n\n(2) If a head of an entity, without reasonable excuse, fails to comply with a reportable conduct notice to comply, the Social Services Regulator may apply to the Magistrates' Court for—\n\n(a) a declaration that the head of the entity has failed to comply with the notice; and\n\n(b) an order requiring the head of the entity to pay a civil penalty.\n\n(3) The Magistrates' Court may make the declaration sought if the court is satisfied that—\n\n(a) the person or head of the entity has failed to comply with the notice to produce or the reportable conduct notice to comply (as the case requires); and\n\n(b) the failure was unreasonable.\n\nS. 16ZZL(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.61).\n\n(4) If the Magistrates' Court makes a declaration under subsection (2), the court may order the person to pay to the Social Services Regulator for payment into the Consolidated Fund an amount not exceeding $9000 as a civil penalty.\n\n(5) In determining the amount of a civil penalty, the Magistrates' Court must consider—\n\n(a) the impact of the civil penalty on the person; and\n\n(b) whether the non-compliance with the notice to produce or the notice to comply (as the case requires) was wilful or serious.\n\n(6) An order made under this section is taken, for the purposes of enforcement, to be an order made by the Magistrates' Court in a civil proceeding.\n\nS. 16ZZL(7) amended by No. 58/2025 s. 55(Sch. 1 item 1.61).\n\n(7) A civil penalty paid to the Social Services Regulator in accordance with an order made under this section must be paid into the Consolidated Fund.\n\nS. 16ZZM inserted by No. 17/2023 s. 30.\n\n\t16ZZM Infringement notices\n\nS. 16ZZM(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.62).\n\n(1) A reportable conduct authorised officer may issue to or serve an infringement notice on any person or entity that the Social Services Regulator reasonably believes has committed a prescribed offence.\n\n(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\n(3) The infringement penalty for an offence referred to in subsection (1) is the prescribed penalty.\n\n(4) For the purposes of subsection (1), an infringement notice—\n\n(a) must be in the form required by the **Infringements Act 2006**; and\n\nS. 16ZZM(4)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.62).\n\n(b) may contain any additional information approved by the Social Services Regulator.\n\nS. 16ZZN inserted by No. 17/2023 s. 30.\n\n\t16ZZN Pending criminal or civil proceedings\n\nS. 16ZZN(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.63(a)).\n\n(1) If the Social Services Regulator applies under section 16ZZL(1) or (2) for a declaration or an order against a person for failing to comply with a notice to produce or a reportable conduct notice to comply, the Social Services Regulator must not commence criminal proceedings for a charge against section 16ZZK(1) or (2) that is constituted by the failure or alleged failure of that person to comply with that notice.\n\n(2) Subsection (1) applies whether or not the court makes a declaration or order in response to an application under section 16ZZL(1) or (2).\n\n(3) If a person has been convicted or found guilty of an offence against section 16ZZK, or a charge against the person for an offence against section 16ZZK is pending, that is constituted by the failure or alleged failure of that person to comply with a notice to produce or reportable conduct notice to comply—\n\nS. 16ZZN(3)(a) amended by No. 58/2025 s. 55(Sch. 1 item 1.63(b)).\n\n(a) the Social Services Regulator may not apply under section 16ZZL(1) or (2) for an order for the person to pay a pecuniary penalty for failure to comply with that notice; and\n\n(b) the court may not order the person to pay a pecuniary penalty for failure to comply with that notice.\n\nS. 16ZZO inserted by No. 17/2023 s. 30.\n\n\t16ZZO Power to bring a proceeding\n\nS. 16ZZO(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.64).\n\n(1) A proceeding for an offence against this Part may be commenced by the Social Services Regulator or a police officer.\n\n(2) A proceeding commenced under subsection (1) may be taken over and continued at any time by any other person authorised by subsection (1) to commence proceedings.\n\n(3) In a proceeding for an offence against this Part, it must be presumed, in the absence of evidence to the contrary, that the person commencing the proceeding was authorised to commence the proceeding.\n\nS. 16ZZP inserted by No. 17/2023 s. 30.\n\n\t16ZZP Internal review of decisions to issue notices under this Part\n\nS. 16ZZP(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.65).\n\n(1) A person may seek a review by the Social Services Regulator of a decision to give a notice to produce.\n\nS. 16ZZP(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.65).\n\n(2) The head of an entity may seek a review by the Social Services Regulator of a decision to give a reportable conduct notice to comply.\n\nS. 16ZZP(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.65).\n\n(3) The Social Services Regulator must prepare and implement a process for the review of—\n\n(a) a decision to give a notice to produce; or\n\n(b) a decision to give a reportable conduct notice to comply.\n\nS. 16ZZQ inserted by No. 17/2023 s. 30.\n\n\t16ZZQ Review by VCAT of decision to give notice to comply\n\nS. 16ZZQ(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.66).\n\n(1) A head of an entity may apply to VCAT for review of a decision by the Social Services Regulator to give the head of an entity a reportable conduct notice to comply.\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the head of an entity requests a statement of reasons for the decision, the day on which the statement of reasons is given to the head of the entity or the head of the entity is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\n(3) Before a head of an entity is entitled to apply to VCAT for the review of a decision referred to in subsection (1), the head of the entity must have exhausted all available avenues for the internal review of the decision.\n\nS. 16ZZR inserted by No. 17/2023 s. 30.\n\n\t16ZZR Complaints\n\nS. 16ZZR(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.67(a)).\n\n(1) Any person may complain to the Social Services Regulator about the exercise of a power by a reportable conduct authorised officer under this Part or a warrant issued under section 16ZV.\n\nS. 16ZZR(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.67(b)).\n\n(2) A complaint to the Social Services Regulator under subsection (1) may be made in writing or in any other form approved by the Social Services Regulator.\n\nS. 16ZZR(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.67(a)).\n\n(3) On receiving a complaint under subsection (1), the Social Services Regulator must—\n\n(a) investigate the complaint; and\n\n(b) provide a written report to the complainant and the reportable conduct authorised officer on the results of the investigation.\n\nS. 16ZZR(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.67(b)).\n\n(4) Before finalising a report under subsection (3), the Social Services Regulator must—\n\n(a) give the reportable conduct authorised officer an opportunity to comment on the proposed report within a period ending not less than 14 days after the officer receives the report; and\n\nS. 16ZZR(4)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.67(b)).\n\n(b) consider any comments that the officer provides to the Social Services Regulator within that period.\n\nPt 6 (Heading and ss 17–41) amended by Nos 96/2005 s. 604(2), 46/2009  \nss 9–15, repealed by No. 79/2012 s. 77, new Pt. 6 (Heading and new ss 17–23) inserted by No. 63/2015 s. 6.\n\n","sortOrder":57},{"sectionNumber":"Part 6","sectionType":"part","heading":"Child Safe Standards","content":"Part 6—Child Safe Standards\n\nPt 6 Div. 1 (Heading) inserted by No. 63/2016 s. 7.\n\nDivision 1—Child Safe Standards\n\nNew s. 17 inserted by No. 63/2015 s. 6.\n\n","sortOrder":58},{"sectionNumber":"17","sectionType":"section","heading":"Minister may make Child Safe Standards","content":"\t17 Minister may make Child Safe Standards\n\nS. 17(1) amended by No. 4/2018 s. 8.\n\n(1) The Minister may make standards to ensure that in the operations of relevant entities—\n\n(a) the safety of children is promoted; and\n\n(b) child abuse is prevented; and\n\n(c) allegations of child abuse are properly responded to.\n\n(2) The Minister must publish the Child Safe Standards in the Government Gazette.\n\n(3) An amendment to the Child Safe Standards has effect—\n\n(a) on the day that is 30 days after the day that the amendment is published in the Government Gazette; or\n\n(b) on a later day that is specified in the amendment.\n\nNew s. 18 inserted by No. 63/2015 s. 6,  \nrepealed by No. 23/2021 s. 7.\n\nS. 19 (Heading) amended by No. 23/2021 s. 8(1).\n\nNew s. 19 inserted by No. 63/2015 s. 6.\n\n","sortOrder":59},{"sectionNumber":"19","sectionType":"section","heading":"Schedule 1 entities must comply with Child Safe Standards","content":"\t19 Schedule 1 entities must comply with Child Safe Standards\n\nS. 19(1) amended by No. 23/2021 s. 8(2)(a)(b).\n\n(1) An entity referred to in Schedule 1 must comply with the Child Safe Standards unless—\n\n(a) the entity is exempt under section 22; or\n\nS. 19(1)(b) amended by No. 23/2021 s. 8(2)(c).\n\n(b) the regulations provide that the entity is exempt from this requirement.\n\nS. 19(1)(c) repealed by No. 23/2021 s. 8(2)(d).\n\nS. 19(2) repealed by No. 23/2021 s. 8(3).\n\nS. 19(3) amended by No. 23/2021 s. 8(4)(a).\n\n(3) Regulations made for the purposes of subsection (1)(b) may prescribe—\n\nS. 19(3)(a) amended by Nos 4/2018 s. 9(a), 23/2021 s. 8(4)(b).\n\n(a) a class of entity referred to in Schedule 1 that is to be exempt from the requirement to comply with the Child Safe Standards; or\n\nS. 19(3)(b) amended by Nos 4/2018 s. 9(b), 23/2021 s. 8(4)(c).\n\n(b) an entity referred to in Schedule 1 (other than an individual) that is to be exempt from that requirement.\n\nS. 19(4) repealed by No. 23/2021 s. 8(5).\n\nS. 20 (Heading) amended by Nos 4/2018 s. 10(1), 23/2021 s. 9(1).\n\nNew s. 20 inserted by No. 63/2015 s. 6.\n\n","sortOrder":60},{"sectionNumber":"20","sectionType":"section","heading":"Prescribed applicable entity must comply with Child Safe Standards","content":"\t20 Prescribed applicable entity must comply with Child Safe Standards\n\nS. 20(1) amended by Nos 4/2018 s. 10(2), 23/2021 s. 9(2).\n\n(1) A prescribed applicable entity must comply with the Child Safe Standards on and after the date prescribed in respect of that entity.\n\nS. 20(2) amended by No. 4/2018 s. 10(3).\n\n(2) Regulations made for the purposes of subsection (1) may only prescribe an entity that is not an individual.\n\nS. 21 (Heading) amended by Nos 4/2018 s. 11(1), 23/2021 s. 10(1).\n\nNew s. 21 inserted by No. 63/2015 s. 6, amended by Nos 4/2018 s. 11(2), 23/2021 s. 10(2).\n\n","sortOrder":61},{"sectionNumber":"21","sectionType":"section","heading":"Applicable entity belonging to a prescribed class must comply with Child Safe Standards","content":"\t21 Applicable entity belonging to a prescribed class must comply with Child Safe Standards\n\nAn applicable entity that belongs to a prescribed class must comply with the Child Safe Standards on and after the day prescribed in respect of that class unless the entity is exempt under section 22.\n\nNew s. 22 inserted by No. 63/2015 s. 6, amended by Nos 4/2018 s. 12(1), 23/2021 s. 11(1)(2) (ILA s. 39B(1)).\n\n","sortOrder":62},{"sectionNumber":"22","sectionType":"section","heading":"Exemption from requirement to comply with Child Safe Standards","content":"\t22 Exemption from requirement to comply with Child Safe Standards\n\n(1) Subject to subsection (2), an entity referred to in Schedule 1 or an applicable entity is exempt from a requirement to comply with the Child Safe Standards under section 19, 20 or 21 if the entity does not do any of the following—\n\n(a) provide any services specifically for children;\n\n(b) provide any facilities specifically for use by children who are under the entity's supervision;\n\nS. 22(1)(c) amended by No. 4/2018 s. 12(2).\n\n(c) engage a child as a contractor, employee or volunteer to assist the entity in providing services or facilities or in producing or providing goods.\n\nS. 22(2) inserted by No. 23/2021 s. 11(2).\n\n(2) Subsection (1) does not apply to an entity to which the reportable conduct scheme applies.\n\nS. 23 (Heading) amended by No. 4/2018 s. 13(1).\n\nNew s. 23 inserted by No. 63/2015 s. 6.\n\n","sortOrder":63},{"sectionNumber":"23","sectionType":"section","heading":"Application of Child Safe Standards to businesses not carried on by certain entities","content":"\t23 Application of Child Safe Standards to businesses not carried on by certain entities\n\n(1) This section applies to an individual—\n\nS. 23(1)(a) amended by Nos 4/2018 s. 13(2), 23/2021 s. 12.\n\n(a) who is not an entity referred to in Schedule 1 or an applicable entity; and\n\n(b) who carries on a business that belongs to a prescribed class and that provides—\n\n(i) services specifically for children; or\n\n(ii) facilities specifically for use by children who are under the individual's supervision.\n\n(2) The individual must comply with the Child Safe Standards on and after the day prescribed in respect of the prescribed class of business.\n\nS. 23A inserted by No. 23/2021 s. 13.\n\n","sortOrder":64},{"sectionNumber":"23A","sectionType":"section","heading":"Compliance with Child Safe Standards generally","content":"\t23A Compliance with Child Safe Standards generally\n\nUnless an exemption under this Act applies, an entity or individual referred to in section 19(1), 20(1), 21 or 23 must comply with the Child Safe Standards despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities) or subordinate instrument.\n\nPt 6 Div. 2 (Heading) substituted by No. 58/2025 s. 31.\n\nPt 6 Div. 2 (Heading and new ss 24, 25) inserted by No. 63/2016 s. 8.\n\nDivision 2—The Social Services Regulator\n\nS. 24 (Heading) amended by No. 58/2025 s. 32(1).\n\nNew s. 24 inserted by No. 63/2016 s. 8, amended by No. 58/2025 s. 32(2).\n\n","sortOrder":65},{"sectionNumber":"24","sectionType":"section","heading":"Objectives of Social Services Regulator","content":"\t24 Objectives of Social Services Regulator\n\nWithout limiting section 7 of the **Social Services Regulation Act 2021**, the objectives of the Social Services Regulator, in the exercise of the Social Services Regulator's functions and powers under this Part, are—\n\n(a) to promote continuous improvement by relevant entities, in respect of the children who use their services or facilities or who are engaged to assist in providing their services or facilities, in the ways in which, in their operations—\n\n(iii) allegations of child abuse are properly responded to; and\n\n(b) to serve the public interest by promoting—\n\n(i) the safety of children; and\n\n(ii) the prevention of child abuse; and\n\nS. 24(b)(iii) amended by No. 23/2021 s. 14(a).\n\n(iii) the proper response to allegations of child abuse; and\n\nS. 24(c) inserted by No. 23/2021 s. 14(b).\n\n(c) to promote compliance with the Child Safe Standards and consistency in child safety outcomes by providing information and guidance to sector regulators and integrated sector regulators.\n\nS. 25 (Heading) amended by No. 58/2025 s. 33(1).\n\nNew s. 25 inserted by No. 63/2016 s. 8, substituted by No. 23/2021 s. 15.\n\n","sortOrder":66},{"sectionNumber":"25","sectionType":"section","heading":"Functions and powers of the Social Services Regulator","content":"\t25 Functions and powers of the Social Services Regulator\n\nS. 25(1) amended by No. 58/2025 s. 33(2)(a).\n\n(1) The Social Services Regulator has the following functions in relation to the Child Safe Standards—\n\n(a) to provide education, information and advice on the Child Safe Standards to any person or entity;\n\n(b) to publish guidance notes that promote consistent child safety outcomes and compliance with, and the enforcement of, the Child Safe Standards, for use by sector regulators and integrated sector regulators;\n\nS. 25(1)(c) substituted by No. 58/2025 s. 33(2)(b).\n\n(c) in relation to a relevant entity for which the Social Services Regulator is an integrated sector regulator, the functions set out in section 14 of the **Social Services Regulation Act 2021**;\n\n(d) to collect, analyse and publish information and data relating to the Child Safe Standards;\n\nS. 25(1)(e) amended by No. 58/2025 s. 33(2)(c).\n\n(e) to work collaboratively with sector regulators and other integrated sector regulators in relation to the safety of children and compliance with the Child Safe Standards;\n\nS. 25(1)(f) amended by No. 58/2025 s. 33(2)(d).\n\n(f) to promote information exchange between sector regulators and other integrated sector regulators in relation to the safety of children and compliance with the Child Safe Standards;\n\nS. 25(1)(g) amended by No. 58/2025 s. 33(2)(e).\n\n(g) any other functions conferred on the Social Services Regulator under this Part or under regulations made for the purposes of this Part.\n\nS. 25(2) repealed by No. 58/2025 s. 33(3).\n\nS. 25(3) amended by No. 58/2025 s. 33(4)(a).\n\n(3) The Social Services Regulator has the following powers in relation to the Child Safe Standards—\n\nS. 25(3)(a) amended by No. 58/2025 s. 33(4)(a).\n\n(a) any power conferred on the Social Services Regulator under this Part or under regulations made for the purposes of this Part;\n\nS. 25(3)(b) amended by No. 58/2025 s. 33(4)(b).\n\n(b) in relation to a relevant entity for which it is an integrated sector regulator, the powers described in section 14(3) of the **Social Services Regulation Act 2021**;\n\n(c) any power necessary or convenient to perform its functions under this Part or under regulations made for the purposes of this Part.\n\nS. 25A inserted by No. 23/2021 s. 15.\n\n","sortOrder":67},{"sectionNumber":"25A","sectionType":"section","heading":"Guidance notes on Child Safe Standards","content":"\t25A Guidance notes on Child Safe Standards\n\nS. 25A(1) amended by No. 58/2025 s. 34(1).\n\n(1) Before publishing guidance notes referred to in section 25(1)(b), the Social Services Regulator must consult with sector regulators and other integrated sector regulators regarding the contents of the guidance notes.\n\nS. 25A(2) amended by No. 58/2025 s. 34(2).\n\n(2) Sector regulators and integrated sector regulators must have regard to any guidance notes published by the Social Services Regulator in carrying out functions and exercising powers relating to the Child Safe Standards.\n\nPt 6 Div. 2A (Heading and ss 25B–25H) inserted by No. 23/2021 s. 16 (as amended by No. 43/2022 s. 12).\n\n","sortOrder":68},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Sector regulators and integrated sector regulators","content":"Division 2A—Sector regulators and integrated sector regulators\n\nS. 25B inserted by No. 23/2021 s. 16 (as amended by No. 43/2022 s. 12).\n\n","sortOrder":69},{"sectionNumber":"25B","sectionType":"section","heading":"Sector regulators","content":"\t25B Sector regulators\n\n(1) Subject to section 25C, in this Act, ***sector regulator*** means—\n\n(a) in relation to a relevant entity referred to in an item in Schedule 1 (other than a relevant entity that has an integrated sector regulator)—\n\n(i) the prescribed sector regulator for that relevant entity; or\n\nS. 25B(1)(a)(ii) repealed by No. 58/2025 s. 35.\n\nS. 25B(1)(b) repealed by No. 58/2025 s. 35.\n\n(c) in relation to any other relevant entity, the prescribed sector regulator for that relevant entity.\n\n(2) Regulations made for the purposes of this section may only prescribe the following to be sector regulators—\n\n(a) a statutory authority;\n\n(b) a Department or Department Head within the meaning of the **Public Administration Act 2004**;\n\n(c) an Administrative Office or Administrative Office Head within the meaning of the **Public Administration Act 2004**;\n\n(d) a public entity within the meaning of the **Public Administration Act 2004**;\n\n(e) a special body within the meaning of the **Public Administration Act 2004**.\n\nS. 25C inserted by No. 23/2021 s. 16 (as amended by No. 43/2022 s. 12).\n\n","sortOrder":70},{"sectionNumber":"25C","sectionType":"section","heading":"Multiple sector regulators or integrated sector regulators","content":"\t25C Multiple sector regulators or integrated sector regulators\n\n(a) a relevant entity belongs to more than one category of entity; and\n\n(b) those categories of entity have different sector regulators or integrated sector regulators.\n\n(2) A sector regulator is the sector regulator for the relevant entity only in relation to the relevant entity's provision of the services or facilities, or the engagement of a child to assist in providing or producing the services, facilities or goods, of the category for which it is the sector regulator.\n\n(3) An integrated sector regulator is the integrated sector regulator for the relevant entity only in relation to the relevant entity's provision of the services or facilities, or the engagement of a child to assist in providing or producing the services, facilities or goods, of the category for which it is the integrated sector regulator.\n\nS. 25D inserted by No. 23/2021 s. 16 (as amended by No. 43/2022 s. 12).\n\n","sortOrder":71},{"sectionNumber":"25D","sectionType":"section","heading":"Functions and powers of sector regulators","content":"\t25D Functions and powers of sector regulators\n\n(1) A sector regulator has the following functions in relation to the Child Safe Standards—\n\n(a) to provide education, information and advice on the Child Safe Standards to promote consistency in child safety outcomes;\n\n(b) to investigate, monitor and enforce compliance with the Child Safe Standards by relevant entities for which it is a sector regulator;\n\nS. 25D(1)(c) amended by No. 58/2025 s. 36(a).\n\n(c) to collect, analyse and publish information and data regarding compliance with the Child Safe Standards by relevant entities for which it is a sector regulator and to provide that information and data to the Social Services Regulator as required;\n\n(d) to promote continuous improvement by relevant entities for which it is a sector regulator in relation to the safety of children, the prevention of child abuse and the proper response to allegations of child abuse;\n\nS. 25D(1)(e) amended by No. 58/2025 s. 36(b).\n\n(e) to work collaboratively with other sector regulators and integrated sector regulators in relation to the safety of children and compliance with the Child Safe Standards;\n\n(f) to exchange information and collaborate with persons and bodies in relation to the safety of children and compliance with the Child Safe Standards;\n\n(g) any other function conferred on the sector regulator under this Part or under regulations made for the purposes of this Part.\n\n(2) In carrying out the functions set out in subsection (1) in respect of a relevant entity for which it is a sector regulator, a sector regulator must consider the most effective means of promoting compliance by the relevant entity with the Child Safe Standards.\n\n(3) Without limiting subsection (1)(f), a sector 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.\n\n(4) A sector regulator has the following powers in relation to the Child Safe Standards—\n\n(a) any power conferred on the sector regulator under this Part or under regulations made for the purposes of this Part;\n\n(b) any power necessary or convenient to perform its functions under this Part or under regulations made for the purposes of this Part.\n\nS. 25E inserted by No. 23/2021 s. 16 (as amended by No. 43/2022 s. 12).\n\n","sortOrder":72},{"sectionNumber":"25E","sectionType":"section","heading":"Delegation by certain sector regulators","content":"\t25E Delegation by certain sector regulators\n\nA sector regulator who is the Secretary to a Department or who holds a statutory office in a public sector body may delegate by instrument any functions or powers relating to the Child Safe Standards under this Act or the regulations (except this power of delegation) to a person or class of persons employed under Part 3 of the **Public Administration Act 2004** in that Department or body.\n\nS. 25F inserted by No. 23/2021 s. 16 (as amended by No. 43/2022 s. 12).\n\n","sortOrder":73},{"sectionNumber":"25F","sectionType":"section","heading":"Integrated sector regulators","content":"\t25F Integrated sector regulators\n\n(1) In this Act, ***integrated sector regulator*** means—\n\n(a) in relation to the following relevant entities, the VRQA—\n\n(i) a relevant entity referred to in item 1, 4, 5 or 6 of Schedule 1;\n\n(ii) a relevant entity referred to in item 3 of Schedule 1 that is a provider of school boarding services at a registered school boarding premises within the meaning of the **Education and Training Reform Act 2006**;\n\n(iii) a relevant entity referred to in item 7 or 8 of Schedule 1 that is an RTO within the meaning of the **Education and Training Reform Act 2006**; or\n\n(ab) in relation to a relevant entity referred to in item 9 or 10 of Schedule 1, the Regulatory Authority; or\n\nS. 25F(1)(ac) inserted by No. 58/2025 s. 37.\n\n(ac) in relation to the following relevant entities, the Social Services Regulator—\n\n(i) a relevant entity referred to in item 2, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 32, 33, 35, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46 or 47 of Schedule 1;\n\n(ii) a relevant entity referred to in item 3, 7 or 8 of Schedule 1, other than a relevant entity referred to in paragraph (a)(ii) or (iii);\n\n(iii) a relevant entity that had a sector regulator or an integrated sector regulator and that sector regulator or integrated sector regulator no longer exists;\n\n(iv) any relevant entity for which no sector regulator or integrated sector regulator is prescribed or otherwise specified in this Act; or\n\n(b) in relation to any other relevant entity, the prescribed integrated sector regulator for that relevant entity.\n\n(2) Regulations made for the purpose of subsection (1)(b) must not prescribe the VRQA or the Regulatory Authority to be the integrated sector regulator for a relevant entity.\n\nS. 25G inserted by No. 23/2021 s. 16 (as amended by No. 43/2022 s. 12).\n\n","sortOrder":74},{"sectionNumber":"25G","sectionType":"section","heading":"Functions and powers of integrated sector regulators","content":"\t25G Functions and powers of integrated sector regulators\n\nFor the purposes of this Part, an integrated sector regulator has the prescribed functions and powers.\n\nAn integrated sector regulator may also perform functions or exercise powers that relate to the Child Safe Standards if it has such functions or powers under an authorising Act.\n\nS. 25H inserted by No. 23/2021 s. 16 (as amended by No. 43/2022 s. 12).\n\n","sortOrder":75},{"sectionNumber":"25H","sectionType":"section","heading":"Delegation by certain integrated sector regulators","content":"\t25H Delegation by certain integrated sector regulators\n\nAn integrated sector regulator who is the Secretary to a Department or who holds a statutory office in a public sector body may delegate by instrument any prescribed function or power (except this power of delegation) to a person or class of persons employed under Part 3 of the **Public Administration Act 2004** in that Department or body.\n\nPt 6 Div. 3 (Heading) substituted by No. 23/2021 s. 20.\n\nPt 6 Div. 3 (Heading and new ss 26–39) inserted by No. 63/2016 s. 8.\n\nDivision 3—Monitoring and enforcement of compliance with the Child Safe Standards\n\nNew s. 26 inserted by No. 63/2016 s. 8, substituted by No. 23/2021 s. 21.\n\n","sortOrder":76},{"sectionNumber":"26","sectionType":"section","heading":"Sector regulator may authorise persons to assist","content":"\t26 Sector regulator may authorise persons to assist\n\n(1) A sector regulator, by instrument, may authorise any person to assist the sector regulator in performing its functions under this Division.\n\n(2) An authorisation under this section may be general or limited to specified functions.\n\n(3) A sector regulator may not authorise a person to assist the sector regulator in performing the following functions—\n\n(a) issuing a notice to comply under section 31;\n\n(b) making an application to the Magistrates' Court under section 33.  \n\n(4) A sector regulator must not authorise a person under this section unless it is satisfied that the person is appropriately qualified or has successfully completed appropriate training.\n\nNew s. 27 inserted by No. 63/2016 s. 8, substituted by No. 23/2021 s. 22.\n\n","sortOrder":77},{"sectionNumber":"27","sectionType":"section","heading":"Appointment of authorised officers","content":"\t27 Appointment of authorised officers\n\n(1) A sector regulator may, by instrument, appoint any person or class of persons employed or engaged by the sector regulator to be an authorised officer for the purposes of this Part.\n\n(2) An appointment under this section—\n\n(a) may be general or limited to specified functions under this Part; and\n\n(b) may be subject to any specified conditions; and\n\n(c) may be varied, suspended or revoked by the sector regulator at any time.\n\n(3) A sector regulator must not appoint a person under this section unless it is satisfied that the person is appropriately qualified or has successfully completed appropriate training.\n\nNew s. 28 inserted by No. 63/2016 s. 8, substituted by No. 23/2021 s. 23.\n\n","sortOrder":78},{"sectionNumber":"28","sectionType":"section","heading":"Identity cards","content":"\t28 Identity cards\n\n(1) If a sector regulator appoints an authorised officer under section 27, the sector regulator must—\n\n(a) issue the authorised officer with an identity card that complies with subsection (2); or\n\n(b) if the authorised officer is also appointed by the sector regulator as an authorised officer for the purposes of another Act and has a current identity card issued under that Act (the ***existing identity card***)—\n\n(i) amend the existing identity card so that it complies with the requirements of subsection (2); or\n\n(ii) issue a supplementary identity card complying with any requirements of subsection (2) that are not met by the existing identity card; or\n\n(iii) request the authorised officer to return the existing identity card and issue a new identity card that complies with the requirements of the other Act and subsection (2).\n\n(2) An identity card must—\n\n(a) state the authorised officer's name; and\n\n(b) contain a photograph of the authorised officer; and\n\n(c) state that the person to whom it is issued is an authorised officer appointed by the sector regulator for the purposes of this Part.\n\n(3) An authorised officer must return the identity card issued or amended under this section to the sector regulator as soon as practicable after their appointment as an authorised officer under section 27 expires or is revoked.\n\nNew s. 29 inserted by No. 63/2016 s. 8, substituted by No. 23/2021 s. 24.\n\n","sortOrder":79},{"sectionNumber":"29","sectionType":"section","heading":"Production of identity card","content":"\t29 Production of identity card\n\n(1) Subject to subsection (3), an authorised officer must produce the authorised officer's identity card for inspection before exercising a power under this Part if asked to do so.\n\n(2) If it is not practicable to comply with subsection (1) before exercising the power, the authorised officer must produce the identity card for inspection at the first reasonable opportunity.\n\n(3) If an authorised officer enters (whether with or without a warrant) any premises or place for the purposes of exercising a power or performing a function under this Part, the authorised officer must produce the authorised officer's identity card for inspection immediately before or upon the first entry to the premises or place.\n\nS. 29A inserted by No. 23/2021 s. 24.\n\n","sortOrder":80},{"sectionNumber":"29A","sectionType":"section","heading":"Powers of authorised officers to enter premises","content":"\t29A Powers of authorised officers to enter premises\n\n(1) An authorised officer may enter and inspect any premises or place if the authorised officer reasonably believes it is a premises or place from or in which a relevant entity—\n\n(a) provides services or facilities for children; or\n\n(b) employs or engages a child to assist the relevant entity with the provision of any services or facilities; or\n\n(c) provides support for an activity described in paragraph (a) or (b); or\n\n(d) keeps equipment, materials or documents relating to an activity described in paragraph (a) or (b).\n\n(2) Subject to subsection (3), an authorised officer may only enter a premises or place under subsection (1)—\n\n(a) if the authorised officer has provided notice to the occupier of the premises or place in accordance with section 29B and the occupier consents to the entry; or\n\n(b) in accordance with a warrant issued under section 29E in relation to the premises or place; or\n\n(c) in the case of any premises or place other than residential premises, if the authorised officer reasonably believes that the relevant entity is not complying, or has not complied, with the Child Safe Standards or this Part.\n\n(3) While exercising a power of entry under subsection (2)(a) or (c), an authorised officer must not enter any part of a premises or place in which the relevant entity provides accommodation or residential services unless—\n\n(a) the resident of that part of the premises or place consents to the entry; or\n\n(b) if the resident is unable to consent, the resident's parent or guardian consents to the entry.\n\n(4) Before obtaining the consent of the resident, parent or guardian for the purposes of subsection (3), the authorised officer must—\n\n(a) inform the resident, parent or guardian—\n\n(ii) that the resident, parent or guardian may refuse to consent to the entry; and\n\n(iii) that the resident, parent or guardian may refuse to consent to the seizure of any thing by the authorised officer during the entry; and\n\n(iv) that the authorised officer may exercise any or all of the powers set out in section 29C during the entry without obtaining further consent from the resident, parent or guardian; and\n\n(v) that the resident, parent or guardian may refuse to consent to the authorised officer exercising a power specified in section 29C during the entry; and\n\n(vi) that any thing seized by the authorised officer during the entry with the consent of the resident, parent or guardian may be used in evidence in proceedings in relation to offences under this or another Act; and\n\n(b) ask the resident, parent or guardian to sign an acknowledgement setting out—\n\n(i) that the resident, parent or guardian has been informed of the matters set out in paragraph (a); and\n\n(ii) that the resident, parent or guardian consents to the entry; and\n\n(iii) the time and date the resident, parent or guardian provided consent.\n\n(5) A resident, parent or guardian who signs an acknowledgement under subsection (4)(b) must be given a copy of the signed acknowledgement before the authorised officer leaves the premises.\n\n(6) A signed acknowledgement under subsection (4)(b) is evidence that the resident, parent or guardian consented to the entry of a premises or place.\n\n(7) If, in any proceeding, a signed acknowledgement under subsection (4)(b) is not produced to the court or tribunal, it must be presumed until the contrary is proved that the resident, parent or guardian did not consent to the entry of a premises or place.\n\n(8) An authorised officer may exercise a power of entry under subsection (2)(a) or (c)—\n\n(a) during the normal business hours of the premises or place; and\n\n(b) if the relevant entity provides services outside normal business hours, during the relevant entity's hours of operation; and\n\n(c) at any time if the occupier consents to the entry.\n\n(9) If the authorised officer is on the premises or place with the consent of the occupier or a resident, parent or guardian, the authorised officer must leave the premises or place if the occupier, resident, parent or guardian asks the authorised officer to do so.\n\nS. 29B inserted by No. 23/2021 s. 24.\n\n","sortOrder":81},{"sectionNumber":"29B","sectionType":"section","heading":"Notice required for entry with consent","content":"\t29B Notice required for entry with consent\n\n(1) An authorised officer must not exercise a power of entry or inspection under section 29A(2)(a), unless the authorised officer before obtaining the occupier's consent—\n\n(a) produces the authorised officer's identity card for inspection; and\n\n(b) informs the occupier—\n\n(ii) that the occupier may refuse to consent to the entry; and\n\n(iii) that the occupier may refuse to consent to the seizure of any thing by the authorised officer during the entry; and\n\n(iv) that the authorised officer may exercise any or all of the powers set out in section 29C during the entry without obtaining further consent from the occupier; and\n\n(v) that the occupier may refuse to consent to the authorised officer exercising a power specified in section 29C during the entry; and\n\n(vi) that any thing seized by the authorised officer during the entry with the consent of the occupier may be used in evidence in proceedings in relation to offences under this or another Act; and\n\n(c) asks the occupier to sign an acknowledgement setting out—\n\n(i) that the occupier has been informed of the matters set out in paragraph (b); and\n\n(ii) that the occupier consents to the entry; and\n\n(iii) the time and date the occupier provided consent.\n\n(2) An occupier who signs an acknowledgement under subsection (1)(c) must be given a copy of the signed acknowledgement before the authorised officer leaves the premises or place.\n\n(3) A signed acknowledgement under subsection (1)(c) is evidence that the occupier consented to the entry of a premises or place.\n\n(4) If, in any proceeding, a signed acknowledgement under subsection (1)(c) is not produced to the court or tribunal, it must be presumed until the contrary is proved that the occupier did not consent to the entry of a premises or place.\n\nS. 29C inserted by No. 23/2021 s. 24.\n\n","sortOrder":82},{"sectionNumber":"29C","sectionType":"section","heading":"Powers after entry and consent","content":"\t29C Powers after entry and consent\n\n(1) This section applies if an authorised officer enters any premises or place under section 29A(2)(a).\n\n(2) The authorised officer may do any of the following—\n\n(e) take photographs, or make any type of recording or sketches, of any document, thing or activity at the premises or place;\n\n(h) use and operate any equipment and materials, including but not limited to any disk, tape or storage device, at the premises or place;\n\n(i) secure any electronic equipment that the authorised officer reasonably believes stores or contains information that may be lost, destroyed or tampered with if the equipment is not secured;\n\n(j) request any person at the premises to give information that the authorised officer reasonably believes is necessary to determine whether or not—\n\n(i) a relevant entity is complying, or has complied, with the Child Safe Standards or this Part; or\n\n(ii) a person or body is an entity that is required to comply with the Child Safe Standards;\n\n(k) seize any document or any other thing at the premises or place that the authorised officer reasonably believes is evidence—\n\n(i) relevant to whether a relevant entity is not complying, or has not complied, with the Child Safe Standards or this Part; or\n\n(ii) that a person or body is an entity that is required to comply with the Child Safe Standards;\n\n(l) request any person at the premises or place to provide the authorised officer with any reasonable assistance;\n\n(m) request any person at the premises or place to comply with any lawful direction, whether written or oral, of the authorised officer.\n\n(3) An authorised officer may exercise a power under subsection (2) only if the authorised officer reasonably believes it is necessary to do so to investigate whether—\n\n(a) a relevant entity is not complying, or has not complied, with the Child Safe Standards or this Part; or\n\nS. 29D inserted by No. 23/2021 s. 24.\n\n","sortOrder":83},{"sectionNumber":"29D","sectionType":"section","heading":"Acknowledgement of document or thing seized during entry with consent","content":"\t29D Acknowledgement of document or thing seized during entry with consent\n\n(1) The authorised officer must not seize any document or thing under section 29C(2)(k) unless the authorised officer asks the owner to sign an acknowledgement setting out—\n\n(a) that the owner consents to the seizure of the document or thing; and\n\n(b) the time and date the owner provided consent.\n\n(2) An owner who signs an acknowledgement under subsection (1) must be given a copy of the signed acknowledgement before the authorised officer leaves the premises.\n\n(3) A signed acknowledgement under subsection (1) is evidence that the owner consented to the seizure of a document or thing.\n\n(4) If, in any proceeding, a signed acknowledgement under subsection (1) is not produced to the court or tribunal, it must be presumed until the contrary is proved that the owner did not consent to the seizure of a document or thing.\n\nS. 29E inserted by No. 23/2021 s. 24.\n\n","sortOrder":84},{"sectionNumber":"29E","sectionType":"section","heading":"Application for warrant","content":"\t29E Application for warrant\n\n(1) An authorised officer may apply to a magistrate for a warrant in relation to any premises or place if the authorised officer believes on reasonable grounds that—\n\n(a) entry to the premises or place is necessary to investigate whether a relevant entity is not complying, or has not complied, with the Child Safe Standards or this Part; or\n\n(b) entry to the premises or place is necessary to investigate whether a person or body is an entity that is required to comply with the Child Safe Standards; or\n\n(c) activities are being engaged in, or have been engaged in, at the premises or place that contravene the Child Safe Standards or this Part; or\n\n(d) documents or other things relevant to the possible contravention of the Child Safe Standards or this Part may be, or within 72 hours may be, present at the premises or place.\n\n(2) The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or by affirmation, that there are reasonable grounds to believe that entry to the premises or place is necessary on the grounds on which issue of the warrant is sought.\n\n(3) A warrant issued under subsection (2) may authorise an authorised officer, with necessary and reasonable help and force—\n\n(a) to enter the premises or place, or any specified part of the premises or place, on one occasion; and\n\n(b) to search for and seize a document or thing specified in the warrant; and\n\n(c) to seize any other document or thing, or to copy or take an extract from any document, that the authorised officer reasonably believes is relevant to a possible contravention of the Child Safe Standards or this Part.\n\n(4) A warrant issued under subsection (2) must state—\n\n(a) the purpose for which the warrant is issued; and\n\n(b) the premises or place to be entered under the warrant; and\n\n(c) any document or thing that may be seized under the warrant; and\n\n(d) whether the entry is authorised to be made at any time of the day or during specified hours of the day; and\n\n(e) any conditions to which the warrant is subject; and\n\n(f) the day, within 7 days of the issue of the warrant, on which the warrant ceases to have effect; and\n\n(g) that the warrant is issued in accordance with the **Magistrates' Court Act 1989**.\n\n(5) Subject to this section, the rules that apply to search warrants under the **Magistrates' Court Act 1989** extend and apply to a warrant issued under this section.\n\n(6) Section 78(1)(b)(iii) of the **Magistrates' Court Act 1989** does not apply to a warrant issued under this section.\n\nS. 29F inserted by No. 23/2021 s. 24.\n\n","sortOrder":85},{"sectionNumber":"29F","sectionType":"section","heading":"Entry under warrant","content":"\t29F Entry under warrant\n\n(1) Before entering any premises or place under a warrant issued under section 29E, an authorised officer must—\n\n(a) announce that the authorised officer is authorised by the warrant to enter the premises or place; and\n\n(b) give any person at the premises or place an opportunity to allow entry to the premises or place; and\n\n(c) if the occupier is present at the premises or place, give the occupier a copy of the warrant.\n\nSection 29(3) sets out requirements for authorised officers to produce identity cards.\n\n(2) Subsection (1) does not apply if the authorised officer believes on reasonable grounds that immediate entry to the premises or place is required to ensure that the effective execution of the warrant is not frustrated.\n\nS. 29G inserted by No. 23/2021 s. 24.\n\n","sortOrder":86},{"sectionNumber":"29G","sectionType":"section","heading":"Powers after entry under warrant","content":"\t29G Powers after entry under warrant\n\n(1) This section applies if an authorised officer enters any premises or place under a warrant issued under section 29E.\n\n(2) The authorised officer may, subject to any condition of the warrant, do any of the following if the authorised officer considers it reasonably necessary for the purposes of executing the warrant—\n\n(e) take photographs, or make any type of recording or sketches, of any document, thing or activity at the premises or place;\n\n(g) take into or onto the premises or place any person, equipment and materials;\n\n(h) use and operate any equipment and materials, including but not limited to any disk, tape or storage device, at the premises or place;\n\n(i) secure any electronic equipment that the authorised officer reasonably believes stores or contains information that may be lost, destroyed or tampered with if the equipment is not secured;\n\n(j) any other thing the authorised officer considers reasonably necessary.\n\n(3) The authorised officer may, subject to any condition of the warrant, require a person to do any of the following if the authorised officer considers it reasonably necessary for the purposes of executing the warrant—\n\n(a) produce a document or part of a document located at the premises or place that is under that person's possession or control;\n\n(b) disclose any information that the authorised officer reasonably believes the person has that relates to whether—\n\n(i) a relevant entity is not complying, or has not complied, with the Child Safe Standards or this Part; or\n\n(ii) a person or body is an entity that is required to comply with the Child Safe Standards;\n\n(c) provide the authorised officer with any reasonable assistance;\n\n(d) operate any equipment at the premises or place to enable the authorised officer to access information stored on the equipment;\n\n(e) comply with any lawful direction, whether written or oral, of the authorised officer.\n\n(4) If an authorised officer requires a person to do any thing under subsection (3), the authorised officer must—\n\n(a) inform the person that it is an offence to fail or refuse to comply with the requirement without reasonable excuse; and\n\n(b) inform the person that it is a reasonable excuse for the person to refuse or fail to comply with the requirement if complying with the requirement would tend to incriminate the person; and\n\n(5) Subject to any condition of the warrant, if the authorised officer secures any electronic equipment under subsection (2)(i), that equipment may be secured—\n\n(a) subject to subsection (6), until the earlier of the following—\n\n(ii) the time at which the authorised officer, or a person providing technical assistance to the authorised officer, operates the equipment for the purpose of obtaining information described in subsection (2)(i); or\n\n(6) Subject to any condition of the warrant, the authorised officer may apply to a magistrate for an extension of the period during which electronic equipment may be secured if the authorised officer reasonably believes that the extension is necessary to obtain information described in subsection (2)(i).\n\nS. 29H inserted by No. 23/2021 s. 24.\n\n","sortOrder":87},{"sectionNumber":"29H","sectionType":"section","heading":"Failure to provide assistance","content":"\t29H Failure to provide assistance\n\n(1) A person must not, without reasonable excuse, fail to comply with a requirement made by an authorised officer under section 29G(3).\n\n(2) Subsection (1) does not apply to a person if the authorised officer did not inform the person, in accordance with section 29G(4)(b), that it is a reasonable excuse to refuse or fail to comply with the requirement if complying with the requirement would tend to incriminate the person.\n\nS. 29I inserted by No. 23/2021 s. 24.\n\n","sortOrder":88},{"sectionNumber":"29I","sectionType":"section","heading":"Powers after entry without consent or warrant","content":"\t29I Powers after entry without consent or warrant\n\n(1) This section applies if an authorised officer enters any premises or place in accordance with section 29A(2)(c).\n\n(2) The authorised officer may do any of the following—\n\n(e) take photographs, or make any type of recording or sketches, of any document, thing or activity at the premises or place;\n\n(g) take into or onto the premises or place any person, equipment and materials;\n\n(h) use and operate any equipment and materials, including but not limited to any disk, tape or storage device, at the premises or place;\n\n(i) secure any electronic equipment that the authorised officer reasonably believes stores or contains information that may be lost, destroyed or tampered with if the equipment is not secured;\n\n(j) with the consent of the owner of the document or thing, seize any document or any other thing at the premises or place that the authorised officer reasonably believes is evidence—\n\n(i) relevant to whether a relevant entity is not complying, or has not complied, with the Child Safe Standards or this Part; or\n\n(ii) that a person or body is an entity that is required to comply with the Child Safe Standards.\n\n(3) The authorised officer may require a person at the premises or place to do any of the following—\n\n(a) produce a document or part of a document located at the premises or place that the authorised officer reasonably believes the person has that relates to whether a relevant entity is not complying, or has not complied, with the Child Safe Standards or this Part;\n\n(b) disclose any information that the authorised officer reasonably believes the person has that relates to whether a relevant entity is not complying, or has not complied, with the Child Safe Standards or this Part;\n\n(c) operate any equipment at the premises or place to enable the authorised officer to access information stored on the equipment.\n\n(4) If an authorised officer requires a person to do any thing under subsection (3), the authorised officer must—\n\n(a) inform the person that it is an offence to fail or refuse to comply with the requirement without reasonable excuse; and\n\n(b) inform the person that it is a reasonable excuse for the person to refuse or fail to comply with the requirement if complying with the requirement would tend to incriminate the person; and\n\n(5) The authorised officer may request a person at the premises or place to do any of the following—\n\n(a) provide the authorised officer with any reasonable assistance;\n\n(b) comply with any lawful direction, whether written or oral, of the authorised officer.\n\n(6) An authorised officer may exercise a power under subsection (2), (3) or (5) only if the authorised officer reasonably believes it is reasonably necessary to do so to investigate whether—\n\n(a) a relevant entity is not complying, or has not complied, with the Child Safe Standards or this Part; or\n\n(7) If the authorised officer secures any electronic equipment under subsection (2)(i), that equipment may be secured—\n\n(a) subject to subsection (8), until the earlier of the following—\n\n(ii) the time at which the authorised officer, or a person providing technical assistance to the authorised officer, operates the equipment for the purpose of obtaining information described in subsection (2)(i); or\n\n(8) The authorised officer may apply to a magistrate for an extension of the period during which electronic equipment may be secured if the authorised officer reasonably believes that the extension is necessary to obtain information described in subsection (2)(i).\n\nS. 29J inserted by No. 23/2021 s. 24.\n\n","sortOrder":89},{"sectionNumber":"29J","sectionType":"section","heading":"Acknowledgment of seizure during entry without consent","content":"\t29J Acknowledgment of seizure during entry without consent\n\n(1) The authorised officer must not seize any document or thing under section 29I(2)(j) unless the authorised officer—\n\n(a) informs the owner that the owner may refuse to consent to the seizure; and\n\n(b) asks the owner to sign an acknowledgement setting out—\n\n(i) that the owner consents to the seizure of the document or thing; and\n\n(ii) the time and date the owner provided consent.\n\n(2) An owner who signs an acknowledgement under subsection (1) must be given a copy of the signed acknowledgement before the authorised officer leaves the premises.\n\n(3) A signed acknowledgement under subsection (1) is evidence that the owner consented to the seizure of a document or thing.\n\n(4) If, in any proceeding, a signed acknowledgement under subsection (1) is not produced to the court or tribunal, it must be presumed until the contrary is proved that the owner did not consent to the seizure of a document or thing.\n\nS. 29K inserted by No. 23/2021 s. 24.\n\n","sortOrder":90},{"sectionNumber":"29K","sectionType":"section","heading":"Failure to provide assistance","content":"\t29K Failure to provide assistance\n\n(1) A person must not, without reasonable excuse, fail to comply with a requirement made by an authorised officer under section 29I(3).\n\n(2) Subsection (1) does not apply to a person if the authorised officer did not inform the person, in accordance with section 29I(4)(b), that it is a reasonable excuse to refuse or fail to comply with the requirement if complying with the requirement would tend to incriminate the person.\n\nS. 29L inserted by No. 23/2021 s. 24.\n\n","sortOrder":91},{"sectionNumber":"29L","sectionType":"section","heading":"Authorised officer may interview child","content":"\t29L Authorised officer may interview child\n\n(1) While exercising a power under section 29C(2), 29G(2) or 29I(2), an authorised officer may interview a child present at the premises or place.\n\n(2) Before interviewing a child, the authorised officer must consider, and take all reasonable steps to mitigate, any negative effect that the interview may have on the child.\n\n(3) Without limiting subsection (2), the authorised officer must consider whether the child's primary family carer (within the meaning of the **Commission for Children and Young People Act 2012**) should be present during the interview.\n\nS. 29M inserted by No. 23/2021 s. 24.\n\n","sortOrder":92},{"sectionNumber":"29M","sectionType":"section","heading":"Affidavits","content":"\t29M Affidavits\n\nAn authorised officer who is an authorised affidavit taker within the meaning of the **Oaths and Affirmations Act 2018** may take an affidavit after entry to any premises or place in accordance with section 29A(2).\n\nS. 29N inserted by No. 23/2021 s. 24.\n\n","sortOrder":93},{"sectionNumber":"29N","sectionType":"section","heading":"Seizure of documents and things","content":"\t29N Seizure of documents and things\n\n(1) If an authorised officer seizes a document or thing during entry to a premises or place under section 29C or 29I or under a warrant issued under section 29E, the authorised officer must—\n\n(a) give the owner of the document or thing a written receipt of the seizure; and\n\n(b) within 21 days of the seizure, give the owner a copy of that document certified by the authorised officer.\n\n(2) A receipt under subsection (1)(a) must—\n\n(a) identify the document or thing seized; and\n\n(b) set out the name of the authorised officer and a method of contacting the authorised officer; and\n\n(c) set out the reason for the seizure; and\n\n(d) contain any prescribed information.\n\n(3) The authorised officer must return any seized document or thing to the owner—\n\n(a) if the reason for the seizure no longer applies; or\n\n(b) if the document or thing was seized under section 29C(2) or 29I(2), the owner of the document or thing withdraws consent for the seizure.\n\n(4) If a seized document or thing is not returned to the owner within 3 months of the seizure, the authorised officer must take reasonable steps to return the document or thing to the owner unless—\n\n(a) the proceedings or investigation for which the document or thing was seized has commenced but is not resolved or finally determined; or\n\n(b) the Magistrates' Court by order extends the period during which the seized document or thing may be held; or\n\n(c) the owner consents to the document or thing being held for a longer period; or\n\n(d) the authorised officer is authorised by any law to destroy, continue to hold or dispose of the document or thing.\n\n(5) The authorised officer may apply to a magistrate for an extension of not more than 3 months of the period during which a seized document or thing may be held.\n\n(6) The magistrate must not grant the extension sought unless the magistrate is satisfied that the extension is necessary for the purposes of an investigation into whether a relevant entity is complying, or has complied, with the Child Safe Standards or this Part.\n\n(7) If the authorised officer makes an application for an extension under subsection (5), the authorised officer must give the owner at least 7 days' notice of the hearing of the application.\n\n(8) The total period of all extensions granted under subsection (6) in relation to a particular document or thing must not exceed 12 months.\n\nS. 29O inserted by No. 23/2021 s. 24.\n\n","sortOrder":94},{"sectionNumber":"29O","sectionType":"section","heading":"Destruction of seized document or thing","content":"\t29O Destruction of seized document or thing\n\n(1) If, after taking reasonable steps to do so, an authorised officer is not able to return a document or thing seized under section 29C or 29I, or under a warrant issued under section 29E, to the owner, a sector regulator may apply to a magistrate for permission to destroy the document or thing.\n\n(2) If a sector regulator applies under subsection (1) for permission to destroy a document or thing, the sector regulator must serve a copy of the application on the owner.\n\n(3) The magistrate may—\n\n(a) grant the permission sought if the magistrate considers it appropriate to do so; and\n\n(b) make any other order the magistrate considers appropriate, including but not limited to an order for the payment of costs for the destruction of the document or thing.\n\nS. 29P inserted by No. 23/2021 s. 24.\n\n","sortOrder":95},{"sectionNumber":"29P","sectionType":"section","heading":"Offence to obstruct authorised officer","content":"\t29P Offence to obstruct authorised officer\n\nA person must not hinder or obstruct—\n\n(a) an authorised officer exercising a power under this Part; or\n\n(b) a person who is assisting an authorised officer exercising a power under this Part.\n\nS. 29Q inserted by No. 23/2021 s. 24.\n\n","sortOrder":96},{"sectionNumber":"29Q","sectionType":"section","heading":"Offence to impersonate authorised officer","content":"\t29Q Offence to impersonate authorised officer\n\nA person who is not an authorised officer must not, in any way, hold themselves out to be an authorised officer.\n\nPenalty: 30 penalty units.\n\nS. 29R inserted by No. 23/2021 s. 24.\n\n","sortOrder":97},{"sectionNumber":"29R","sectionType":"section","heading":"Complaints","content":"\t29R Complaints\n\n(1) Any person may complain about the exercise of a power by an authorised officer under this Part or a warrant issued under section 29E to the sector regulator that appointed the authorised officer.\n\n(2) A complaint to a sector regulator under subsection (1) may be made in writing or in any other form approved by the sector regulator.\n\n(3) On receiving a complaint under subsection (1), the sector regulator must—\n\n(a) investigate the complaint; and\n\n(b) provide a written report to the complainant and the authorised officer on the results of the investigation.\n\n(4) Before finalising a report under subsection (3), the sector regulator must—\n\n(a) give the authorised officer an opportunity to comment on the proposed report within a period ending not less than 14 days after the authorised officer receives the report; and\n\n(b) consider any comments that the authorised officer provides to the sector regulator within that period.\n\nS. 29S inserted by No. 23/2021 s. 24, amended by No. 17/2023 s. 31(1)(2) (ILA s. 39B(1)).\n\n","sortOrder":98},{"sectionNumber":"29S","sectionType":"section","heading":"Power to bring proceedings","content":"\t29S Power to bring proceedings\n\n(1) A sector regulator or a police officer may bring proceedings for an offence against this Part or the regulations.\n\nS. 29S(2) inserted by No. 17/2023 s. 31(2).\n\n(2) A proceeding commenced under subsection (1) may be taken over and continued at any time by any other person authorised by subsection (1) to commence proceedings.\n\nS. 29S(3) inserted by No. 17/2023 s. 31(2).\n\n(3) In a proceeding for an offence against this Part or the regulations, it must be presumed, in the absence of evidence to the contrary, that the person commencing the proceeding was authorised to commence the proceeding.\n\nNew s. 30 inserted by No. 63/2016 s. 8.\n\n","sortOrder":99},{"sectionNumber":"30","sectionType":"section","heading":"Notice to produce","content":"\t30 Notice to produce\n\nS. 30(1) substituted by No. 23/2021 s. 25(1).\n\n(1) This section applies if a sector regulator reasonably believes that any document or information is necessary to determine whether—\n\n(a) a relevant entity for which it is a sector regulator is complying with the Child Safe Standards; or\n\nS. 30(1A) inserted by No. 23/2021 s. 25(1).\n\n(1A) The sector regulator may issue a written notice requiring the following to produce the document or information—\n\n(a) any relevant entity for which it is a sector regulator; or\n\n(b) any person or body that the sector regulator reasonably believes possesses the document or information.\n\nS. 30(2) amended by No. 23/2021 s. 25(2)(a).\n\n(2) A notice under subsection (1A)—\n\nS. 30(2)(b) substituted by No. 23/2021 s. 25(2)(b).\n\n(i) the relevant entity, person or body to which the notice is issued;\n\n(ii) the document or information, or category of document or information, that must be produced;\n\n(iii) in the case of a notice for the purposes of subsection (1)(a), the Child Safe Standards to which the document or information relates;\n\n(iv) the date by which the document or information must be produced, being not less than 14 days after the day on which the notice is given to the relevant entity or person;\n\n(v) any enforcement action that may be taken against the relevant entity or person for failing to comply with the notice;\n\n(vi) the maximum criminal and civil penalty for failing to comply with the notice;\n\n(vii) the process for seeking an internal review of the decision to issue the notice;\n\n(viii) any prescribed matters.\n\nS. 30(3) amended by No. 23/2021 s. 25(3).\n\n(3) A relevant entity, person or body given a notice under subsection (1A) must provide each document described in the notice to the sector regulator on or before the day specified in the notice.\n\nS. 30(4) amended by No. 23/2021 s. 25(4).\n\n(4) The sector regulator, by further written notice given at any time, may vary or revoke a notice to produce.\n\nNew s. 31 inserted by No. 63/2016 s. 8.\n\n","sortOrder":100},{"sectionNumber":"31","sectionType":"section","heading":"Notice to comply","content":"\t31 Notice to comply\n\nS. 31(1) amended by No. 23/2021 s. 26(1).\n\n(1) A sector regulator may give a relevant entity for which it is a sector regulator a notice to comply if the sector regulator believes on reasonable grounds that the relevant entity is not complying with the Child Safe Standards.\n\n(2) A notice to comply—\n\n(i) the reason for the issue of the notice to comply;\n\nS. 31(2)(b)(ii) amended by No. 23/2021 s. 26(2)(a).\n\n(ii) the Child Safe Standards that the sector regulator believes the relevant entity is not complying with and the grounds for that belief;\n\n(iii) the action that the relevant entity is required to take to address any issues that have been identified in the notice to comply;\n\n(iv) the date by which the relevant entity must take the action specified in the notice to comply, being not less than 14 days after the day on which the notice is given;\n\nS. 31(2)(b)(v) substituted by No. 23/2021 s. 26(2)(b).\n\n(v) any enforcement action that may be taken against the relevant entity for failing to comply with the notice;\n\nS. 31(2)(b)(va) inserted by No. 23/2021 s. 26(2)(b).\n\n(va) the maximum criminal and civil penalty for failing to comply with the notice;\n\n(vi) the process for seeking a review of the decision to issue the notice;\n\n(vii) the prescribed matters (if any); and\n\n(c) must be accompanied by any recommendations or advice available to assist the entity to address the issues identified in the notice.\n\n(3) A relevant entity given a notice to comply must comply with the notice.\n\nS. 31(4) amended by No. 23/2021 s. 26(3).\n\n(4) Despite subsection (2)(b)(iv), the sector regulator may specify a date that is less than 14 days after the day on which the notice is given in exceptional circumstances.\n\nS. 31(5) amended by No. 23/2021 s. 26(4).\n\n(5) The sector regulator, by further written notice given to a relevant entity, and at any time, may vary or revoke a notice to comply.\n\nNew s. 32 inserted by No. 63/2016 s. 8, substituted by No. 23/2021 s. 27.\n\n","sortOrder":101},{"sectionNumber":"32","sectionType":"section","heading":"False or misleading information","content":"\t32 False or misleading information\n\n(1) A person must not in purported compliance with this Part—\n\n(a) give information or make a statement that the person knows to be false or misleading in a material particular; or\n\n(b) produce a document that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.\n\n(2) It is a defence to a charge under subsection (1) if the person reasonably does not know that the information, statement or document is false or misleading.\n\nS. 32A inserted by No. 23/2021 s. 27.\n\n","sortOrder":102},{"sectionNumber":"32A","sectionType":"section","heading":"Criminal liability of officers of relevant entities—failure to exercise due diligence","content":"\t32A Criminal liability of officers of relevant entities—failure to exercise due diligence\n\n(1) If a relevant entity that is a body corporate commits an offence against section 34D, an officer of that relevant entity also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the relevant entity.\n\n(2) In determining whether an officer of a relevant entity exercised due diligence, a court may have regard to—\n\n(a) what the officer knew, or ought reasonably to have known, about the commission of the offence by the relevant entity; and\n\n(b) whether or not the officer was in a position to influence the relevant entity in relation to the commission of the offence by the relevant entity; and\n\n(c) what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the relevant entity; and\n\n(d) any other relevant matter.\n\n(3) Without limiting any other defence available to the officer, an officer of a relevant entity may rely on a defence that would be available to the relevant entity if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the relevant entity would bear.\n\n(4) An officer of a body corporate may commit an offence against section 34D whether or not the relevant entity has been prosecuted for, or found guilty of, an offence against that section.\n\n(5) In this section—\n\n***body corporate*** has the same meaning as corporation has in section 57A of the Corporations Act;\n\n***officer****,* in relation to a relevant entity, means—\n\n(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the relevant entity; or\n\n(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the relevant entity.\n\nS. 32B inserted by No. 23/2021 s. 27.\n\n","sortOrder":103},{"sectionNumber":"32B","sectionType":"section","heading":"Immunity","content":"\t32B Immunity\n\nS. 32B(1) amended by No. 58/2025 s. 38(1).\n\n(1) A specified person is not personally liable for any thing done or omitted to be done in good faith—\n\n(a) in the exercise of a power or the discharge of a duty under this Part or the regulations other than a power or duty under this Division; or\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Part or the regulations other than this Division.\n\nS. 32B(2) amended by No. 58/2025 s. 38(2).\n\n(2) Any liability resulting from an act or omission that would but for subsection (1) attach to a specified person attaches to the Crown.\n\nS. 32B(3) inserted by No. 58/2025 s. 38(3).\n\n***specified person*** means any of the following—\n\n(a) the Social Services Regulator;\n\n(b) a person appointed as acting Social Services Regulator under section 11 of the **Social Services Regulation Act 2021**;\n\n(c) an Associate Social Services Regulator;\n\n(d) a person appointed as acting Associate Social Services Regulator under section 18D of the **Social Services Regulation Act 2021**;\n\n(e) a sector regulator;\n\n(f) an integrated sector regulator;\n\n(g) a person employed or engaged by the Social Services Regulator, a sector regulator or an integrated sector regulator.\n\nS. 32C inserted by No. 23/2021 s. 27.\n\n","sortOrder":104},{"sectionNumber":"32C","sectionType":"section","heading":"Nomination of proper defendant","content":"\t32C Nomination of proper defendant\n\n(1) This section applies if a relevant entity is not capable of being sued in relation to any claim founded on or arising from a contravention of this Part.\n\n(2) The relevant entity, with the consent of the nominee, may nominate an entity that is capable of being sued—\n\n(a) to act as a proper defendant to the claim on behalf of the relevant entity; and\n\n(b) to incur any liability arising from the claim on behalf of the relevant entity.\n\n(3) If a relevant entity nominates a proper defendant under subsection (2), the nominee—\n\n(a) is taken to be the defendant (however described) in the claim on behalf of the relevant entity for all purposes; and\n\n(b) incurs any liability arising from that claim on behalf of the relevant entity as if the relevant entity had been incorporated and capable of being sued and found liable for the contravention; and\n\n(c) must comply with any order or direction of the court arising from the claim on behalf of the relevant entity as if the relevant entity had been incorporated and capable of being sued and found liable for the contravention.\n\n(4) The relevant entity must nominate a proper defendant within 120 days after the commencement of the proceeding for the claim against the relevant entity, unless the court orders otherwise.\n\n(5) If the relevant entity does not nominate a proper defendant within 120 days after the commencement of the proceeding for the claim (or any other period ordered by the court), the sector regulator bringing the proceeding for the claim may apply to the court for an order that the claim is to proceed against another entity that is capable of being sued on behalf of the relevant entity.\n\n(6) A court may substantively determine a claim in a proceeding founded on or arising from a contravention of this Part for which there is a proper defendant under this section as if the relevant entity itself were incorporated and capable of being sued and found liable for the contravention of this Part in respect of the claim.\n\n(7) The nomination of, or failure to nominate, a proper defendant under this section does not relieve a relevant entity from any obligations it may have in relation to the conduct of the proceeding, including any interlocutory matters, and for that purpose, the relevant entity is taken to be incorporated and capable of being sued and found liable for the contravention of this Part in respect of the claim.\n\nNew s. 33 inserted by No. 63/2016 s. 8.\n\n","sortOrder":105},{"sectionNumber":"33","sectionType":"section","heading":"Application to court","content":"\t33 Application to court\n\nS. 33(1) substituted by No. 23/2021 s. 28(1).\n\n(1) If a person, body or relevant entity, without reasonable excuse, fails to comply with a notice to produce, the sector regulator that gave the notice may apply to a court for any or all of the following—\n\n(a) a declaration that the person, body or relevant entity has failed to comply with the notice to produce;\n\n(b) an order requiring the person, body or relevant entity to pay a pecuniary penalty;\n\n(c) an injunction under section 34A.\n\nS. 33(1A) inserted by No. 23/2021 s. 28(1).\n\n(1A) If a relevant entity, without reasonable excuse, fails to comply with a notice to comply, the sector regulator that gave the notice may apply to a court for any or all of the following—\n\n(a) a declaration that the relevant entity has failed to comply with the notice to comply;\n\n(b) an order requiring the relevant entity to pay a pecuniary penalty;\n\n(c) an injunction under section 34A.\n\nS. 33(2) amended by No. 23/2021 s. 28(2)(a).\n\n(2) The court may make the declaration sought under subsection (1) or (1A) if the court is satisfied that—\n\nS. 33(2)(a) repealed by No. 23/2021 s. 28(2)(b).\n\nS. 33(2)(b) amended by No. 23/2021 s. 28(2)(c).\n\n(b) the person, body or relevant entity has failed to comply with the notice to produce or notice to comply (as the case requires); and\n\n(c) the failure to comply was unreasonable.\n\nS. 33(3) inserted by No. 23/2021 s. 28(3).\n\n(3) The court may grant an injunction in response to an application under subsection (1)(c) or (1A)(c) requiring a person, body or relevant entity to do a thing—\n\n(a) if the court makes a declaration under subsection (2) that the person, body or relevant entity has failed to comply with a notice to produce or a notice to comply; and\n\n(b) whether or not the court orders the person, body or relevant entity to pay a pecuniary penalty.\n\nNew s. 34 inserted by No. 63/2016 s. 8.\n\n","sortOrder":106},{"sectionNumber":"34","sectionType":"section","heading":"Civil penalty","content":"\t34 Civil penalty\n\nS. 34(1) amended by No. 23/2021 s. 29(1).\n\n(1) If a court makes a declaration under section 33(2) that a person, body or relevant entity has failed to comply with a notice to produce or a notice to comply, the court may order the person, body or relevant entity to pay to the sector regulator that gave the notice a pecuniary penalty not exceeding 120 penalty units in the case of a body corporate or 60 penalty units in any other case.\n\n(2) In determining the amount of the pecuniary penalty under subsection (1), the court must take into account the following considerations—\n\nS. 34(2)(a) amended by No. 23/2021 s. 29(2).\n\n(a) in the case of a person, body or relevant entity that is not an individual, the size of the person, body or relevant entity;\n\nS. 34(2)(b) amended by No. 23/2021 s. 29(2).\n\n(b) the impact of the amount of the penalty on the person, body or relevant entity;\n\nS. 34(2)(c) amended by No. 23/2021 s. 29(2).\n\n(c) whether the non-compliance by the person, body or relevant entity with the notice to produce or notice to comply was wilful or serious.\n\n(3) An order made under this section is taken, for the purposes of enforcement, to be an order made by the court in a civil proceeding.\n\nS. 34(4) amended by No. 23/2021 s. 29(3).\n\n(4) A pecuniary penalty paid to a sector regulator in accordance with an order made under this section must be paid by the sector regulator into the Consolidated Fund.\n\nS. 34A inserted by No. 23/2021 s. 30.\n\n","sortOrder":107},{"sectionNumber":"34A","sectionType":"section","heading":"Injunctions","content":"\t34A Injunctions\n\n(1) On an application by a sector regulator, a court may grant an injunction, in the terms the court considers appropriate, if the court is satisfied that a person, body or relevant entity—\n\n(a) has failed to comply with a notice to produce or a notice to comply; or\n\n(b) is required to comply with the Child Safe Standards and has failed, or is likely to fail, to do so.\n\n(2) Without limiting subsection (1), the court may grant an injunction under that subsection—\n\n(a) to restrain a person, body or relevant entity from engaging in specified conduct that the Court reasonably considers is likely to harm a child; or\n\n(b) to restrain a person, body or relevant entity from providing specified services or facilities to children before the failure to comply is rectified; or\n\n(c) to restrain a person, body or relevant entity from employing or engaging children before the failure to comply is rectified; or\n\n(d) to require a person, body or relevant entity to do a specified act or thing that the court considers reasonably necessary to prevent, minimise or remedy the failure to comply; or\n\n(e) to require a person, body or relevant entity to institute training programmes for persons employed or engaged by the person, body or relevant entity.\n\n(3) The power of the court to grant an injunction under subsection (1) may be exercised whether or not the person, body or relevant entity—\n\n(a) is likely to fail to comply with the Child Safe Standards or notice (as appropriate) in the future; or\n\n(b) has previously failed to comply with the Child Safe Standards, a notice to produce or a notice to comply.\n\n(4) The court may, if it considers that it is appropriate to do so, grant an injunction under subsection (1) by consent of all the parties to the proceeding, whether or not the court is satisfied as required by subsection (1).\n\nS. 34B inserted by No. 23/2021 s. 30.\n\n","sortOrder":108},{"sectionNumber":"34B","sectionType":"section","heading":"Interim injunctions","content":"\t34B Interim injunctions\n\n(1) On the application of a sector regulator, a court may grant an interim injunction, in the terms the court considers appropriate, pending the determination of an application by the sector regulator for an injunction under section 34A.\n\n(2) An application for an interim injunction under subsection (1) may be made ex parte.\n\nS. 34C inserted by No. 23/2021 s. 30.\n\n","sortOrder":109},{"sectionNumber":"34C","sectionType":"section","heading":"Adverse publicity orders","content":"\t34C Adverse publicity orders\n\n(1) On the application of a sector regulator, a court may order a relevant entity to do one or more of the actions set out in subsection (2) if—\n\n(a) the relevant entity is convicted or found guilty in criminal proceedings for an offence under this Part that is constituted by the failure of the relevant entity to comply with a notice to produce or a notice to comply; or\n\n(b) a declaration is made under section 33(1)(a) or (1A)(a) that the relevant entity has failed to comply with a notice to produce or a notice to comply.\n\n(2) The court may order that the relevant entity take any specified action that the court considers reasonably necessary to publicise or notify any specified person or class of person of—\n\n(a) the relevant entity's offence or failure to comply with the notice to produce or notice to comply; or\n\n(b) the relevant entity's failure to comply with the Child Safe Standards that caused the giving of the notice or the making of the declaration (as appropriate); or\n\n(c) any harm, or risk of harm, caused by the relevant entity's failure to comply with the notice; or\n\n(d) any penalties imposed, or other orders made, as a result of the commission of the offence or failure to comply; or\n\n(e) any other information the court considers appropriate.\n\n(3) An application for an order under this section must be made within 6 months after the conviction, finding of guilt or declaration referred to in subsection (1) (as appropriate).\n\nS. 34D inserted by No. 23/2021 s. 30.\n\n","sortOrder":110},{"sectionNumber":"34D","sectionType":"section","heading":"Offence to fail to comply with notice to produce or notice to comply","content":"\t34D Offence to fail to comply with notice to produce or notice to comply\n\nA person must not, without reasonable excuse, fail to comply with a notice to produce or a notice to comply.\n\nS. 34E inserted by No. 23/2021 s. 30.\n\n","sortOrder":111},{"sectionNumber":"34E","sectionType":"section","heading":"Pending criminal or civil proceedings","content":"\t34E Pending criminal or civil proceedings\n\n(1) If a sector regulator applies under section 33(1) or (1A) for a declaration, an order or an injunction against a person, body or relevant entity for failing to comply with a notice to produce or notice to comply, the sector regulator must not commence criminal proceedings for a charge against section 34D that is constituted by the failure or alleged failure of that person, body or relevant entity to comply with that notice.\n\n(2) Subsection (1) applies whether or not the court makes a declaration or order or grants an injunction in response to an application under section 33(1) or (1A).\n\n(3) If a person, body or relevant entity has been convicted or found guilty of an offence against section 34D, or a charge against the person, body or relevant entity for an offence against section 34D is pending, that is constituted by the failure or alleged failure of that person, body or relevant entity to comply with a notice to produce or notice comply—\n\n(a) a sector regulator may not apply under section 33(1)(b) or (1A)(b) for an order for the person, body or relevant entity to pay a pecuniary penalty for failure to comply with that notice; and\n\n(b) the court may not order the person, body or relevant entity to pay a pecuniary penalty for failure to comply with that notice.\n\nS. 35 (Heading) substituted by No. 23/2021 s. 31(1).\n\nNew s. 35 inserted by No. 63/2016 s. 8, amended by No. 23/2021 s. 31(2)(3) (ILA s. 39B(1)).\n\n","sortOrder":112},{"sectionNumber":"35","sectionType":"section","heading":"Reasonable excuse","content":"\t35 Reasonable excuse\n\n(1) It is a reasonable excuse for a natural person to refuse or fail to give information or do any thing that the person is required to do by or under section 29C, 29G and 29I if the giving of the information or the doing of that other thing would tend to incriminate the person.\n\nS. 35(2) inserted by No. 23/2021 s. 31(3).\n\n(2) It is a reasonable excuse for an individual to refuse or fail to comply with a notice to produce, if complying with the notice would tend to incriminate the person.\n\nS. 35(3) inserted by No. 23/2021 s. 31(3).\n\n(3) It is a reasonable excuse for a person, body or relevant entity to refuse or fail to comply with a notice to produce or a notice to comply if—\n\n(a) in the case of a notice to produce, the person, body or relevant entity believes on reasonable grounds that the person, body or relevant entity does not have any document or information required to be produced under the notice; or\n\n(b) in the case of a notice to comply, the relevant entity reasonably considers that it is unable to comply with the notice.\n\nNew s. 36 inserted by No. 63/2016 s. 8, amended by Nos 23/2021 s. 32, 58/2025 s. 39.\n\n","sortOrder":113},{"sectionNumber":"36","sectionType":"section","heading":"Assistance to be provided","content":"\t36 Assistance to be provided\n\nA relevant entity or the head of a relevant entity must ensure that the Social Services Regulator, a sector regulator, an authorised officer or an authorised person is given any assistance in connection with the reasonable performance of the Social Services Regulator's, sector regulator's or authorised officer's functions under this Part that the Social Services Regulator, sector regulator, authorised officer or authorised person reasonably requires.\n\nS. 36A inserted by No. 23/2021 s. 33.\n\n","sortOrder":114},{"sectionNumber":"36A","sectionType":"section","heading":"Official warnings","content":"\t36A Official warnings\n\n(1) A sector regulator may issue an official warning to—\n\n(a) a relevant entity for which it is a sector regulator; or\n\n(b) any relevant entity, person or body to which it has issued a notice to produce; or\n\n(c) any relevant entity to which it has issued a notice to comply.\n\n(2) An official warning must state—\n\n(a) that the sector regulator suspects one or more of the following—\n\n(i) the person, body or relevant entity is failing, or has failed, to comply with a notice to produce or notice to comply;\n\n(ii) the person, body or relevant entity is failing, or has failed, to comply with the Child Safe Standards;\n\n(iii) the person, body or relevant entity is committing, or has committed, an offence against this Part other than Division 4; and\n\n(b) the details of the suspected failure or offence specified under paragraph (a); and\n\n(c) the grounds for the sector regulator's suspicion; and\n\n(d) that non-compliance or offending may be the subject of enforcement action by the sector regulator under this Act; and\n\n(e) any other matter the sector regulator considers appropriate.\n\nS. 36B inserted by No. 23/2021 s. 33.\n\n","sortOrder":115},{"sectionNumber":"36B","sectionType":"section","heading":"Infringement notices","content":"\t36B Infringement notices\n\n(1) A sector regulator may issue to or serve an infringement notice on any person, body or relevant entity that the sector regulator reasonably believes has committed a prescribed offence.\n\n(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\n(3) The infringement penalty for an offence referred to in subsection (1) is the prescribed penalty.\n\n(4) For the purposes of subsection (1), an infringement notice—\n\n(a) must be in the form required by the **Infringements Act 2006**; and\n\n(b) may contain any additional information approved by the sector regulator.\n\nS. 36C inserted by No. 23/2021 s. 33.\n\n","sortOrder":116},{"sectionNumber":"36C","sectionType":"section","heading":"Enforceable undertakings","content":"\t36C Enforceable undertakings\n\n(1) A sector regulator may accept an enforceable undertaking from a relevant entity for which it is a sector regulator in connection with—\n\n(a) a failure to comply with the Child Safe Standards or a notice to comply; or\n\n(b) a reasonable suspicion of the sector regulator that there is, or has been, a failure to comply with the Child Safe Standards or a notice to comply.\n\n(2) An enforceable undertaking accepted by a sector regulator under subsection (1) must—\n\n(a) be in writing; and\n\n(b) state the name of the relevant entity offering the undertaking; and\n\n(c) specify the day on which the undertaking commences; and\n\n(d) state the grounds for the sector regulator's belief that the relevant entity is failing or has failed to comply with the Child Safe Standards or a notice to comply; and\n\n(e) specify the Child Safe Standard or notice to comply with which the sector regulator believes the relevant entity is failing, or has failed, to comply; and\n\n(f) state the action that the relevant entity proposes to take; and\n\n(g) specify the day by which the relevant entity must take that action; and\n\n(h) set out any other matter agreed between the sector regulator and the relevant entity; and\n\n(i) contain any prescribed matter.\n\n(3) The relevant entity may, by written notice, withdraw or vary an enforceable undertaking accepted by the sector regulator under subsection (1) with the consent of the sector regulator.\n\nS. 36D inserted by No. 23/2021 s. 33.\n\n","sortOrder":117},{"sectionNumber":"36D","sectionType":"section","heading":"Sector regulators must maintain register of undertakings","content":"\t36D Sector regulators must maintain register of undertakings\n\n(1) Each sector regulator must establish and maintain a register of enforceable undertakings it accepts under section 36C.\n\n(2) A register maintained under subsection (1) must contain the following information in relation to each undertaking accepted by the sector regulator—\n\n(a) the name of the relevant entity giving the undertaking;\n\n(b) the day on which the undertaking commences.\n\n(3) A sector regulator may record the following in a register maintained under subsection (1) in relation to each undertaking accepted by the sector regulator—\n\n(a) the grounds stated in the undertaking under section 36C(2)(d);\n\n(b) the Child Safe Standard or notice to comply specified in the undertaking under section 36C(2)(e);\n\n(c) the action stated in the undertaking under section 36C(2)(f);\n\n(d) the day specified in the undertaking under section 36C(2)(g);\n\n(e) any other matter set out in the undertaking under section 36C(2)(h);\n\n(f) any prescribed matter contained in the undertaking under section 36C(2)(i).\n\n(4) The sector regulator may, if it is in the public interest—\n\n(a) keep a copy of an enforceable undertaking accepted by the sector regulator in the register it maintains under subsection (1); or\n\n(b) publish any enforceable undertaking accepted by the sector regulator.\n\n(5) The sector regulator must ensure that the register it maintains under subsection (1) is available for public inspection at any reasonable time without charge.\n\nS. 36E inserted by No. 23/2021 s. 33.\n\n","sortOrder":118},{"sectionNumber":"36E","sectionType":"section","heading":"No proceedings while enforceable undertaking in force","content":"\t36E No proceedings while enforceable undertaking in force\n\nIf a sector regulator accepts an enforceable undertaking in relation to a failure or alleged failure to comply with the Child Safe Standards or a notice to comply, while the enforceable undertaking is in force, the sector regulator must not commence—\n\n(a) criminal proceedings for an offence under this Part that is constituted by the failure or alleged failure to which the undertaking relates; or\n\n(b) civil proceedings under this Part in relation to the failure or alleged failure to which the undertaking relates.\n\nS. 36F inserted by No. 23/2021 s. 33.\n\n","sortOrder":119},{"sectionNumber":"36F","sectionType":"section","heading":"Proceedings following withdrawal of enforceable undertaking","content":"\t36F Proceedings following withdrawal of enforceable undertaking\n\nIf a sector regulator accepts an enforceable undertaking in relation to a failure or alleged failure to comply with the Child Safe Standards or a notice to comply, and the relevant entity withdraws the enforceable undertaking before the sector regulator is satisfied the enforceable undertaking has been complied with, the sector regulator may commence proceedings for any offence under this Part that is constituted by the failure or alleged failure to which the undertaking relates.\n\nS. 36G inserted by No. 23/2021 s. 33.\n\n","sortOrder":120},{"sectionNumber":"36G","sectionType":"section","heading":"No further proceedings if enforceable undertaking complied with","content":"\t36G No further proceedings if enforceable undertaking complied with\n\nIf a sector regulator accepts an enforceable undertaking in relation to a failure or alleged failure of the Child Safe Standards or a notice to comply and the sector regulator is satisfied the enforceable undertaking has been complied with, the sector regulator must not commence—\n\n(a) criminal proceedings for an offence under this Part that is constituted by the failure or alleged failure to which the undertaking relates; or\n\n(b) civil proceedings under this Part in relation to the failure or alleged failure to which the undertaking relates.\n\nS. 36H inserted by No. 23/2021 s. 33.\n\n","sortOrder":121},{"sectionNumber":"36H","sectionType":"section","heading":"Enforcement of undertakings","content":"\t36H Enforcement of undertakings\n\n(1) A sector regulator may apply to a magistrate for an enforcement order under subsection (2) if the sector regulator considers that a relevant entity has failed to comply with an enforceable undertaking.\n\n(2) If the magistrate is satisfied a relevant entity has failed to comply with an enforceable undertaking, the magistrate may make any of the following orders—\n\n(a) an order directing the relevant entity to comply with the enforceable undertaking;\n\n(b) an order that the relevant entity take any specified action for the purpose of complying with the enforceable undertaking;\n\n(c) an order that the enforceable undertaking is no longer in force;\n\n(d) any other order that the magistrate considers appropriate in the circumstances.\n\nS. 36I inserted by No. 23/2021 s. 33.\n\n","sortOrder":122},{"sectionNumber":"36I","sectionType":"section","heading":"Sector regulator may publish details of non-compliance","content":"\t36I Sector regulator may publish details of non-compliance\n\n(1) Subject to any order of the court, a sector regulator may, if the sector regulator considers it in the public interest, publish information specified in subsection (2) on a website maintained by the sector regulator if—\n\n(a) a relevant entity for which it is a sector regulator is convicted or found guilty of an offence against this Part; or\n\n(b) a court has made a declaration under section 33(1)(a) or (1A)(a) that the relevant entity has failed to comply with a notice to produce or a notice to comply.\n\n(2) If a sector regulator publishes any information under this section relating to a conviction, finding of guilt or declaration, the following information must be included in the publication—\n\n(a) the name of the relevant entity, including any business or trading name of the relevant entity;\n\n(b) the date of the conviction, finding of guilt or declaration;\n\n(c) in the case of a conviction or finding of guilt, the offence to which the conviction or finding of guilt relates;\n\n(d) in the case of a declaration, details of the notice to produce or notice to comply that is the subject of the declaration;\n\n(e) whether the court imposed any other penalty in respect of the conduct that was the subject of the conviction, finding of guilt or declaration;\n\n(f) the date on which the sector regulator most recently updated the information on the website published under this section;\n\n(g) any other prescribed matter.\n\nNew ss 37, 38 inserted by No. 63/2016 s. 8, repealed by No. 23/2021 s. 34.\n\nNew s. 39 inserted by No. 63/2016 s. 8, substituted by No. 23/2021 s. 35.\n\n","sortOrder":123},{"sectionNumber":"39","sectionType":"section","heading":"Service of documents under Part 6","content":"\t39 Service of documents under Part 6\n\n(1) A document that is authorised or required by this Part to be served on or given to a person is served or given by—\n\n(a) delivering personally a true copy of the document to the person; or\n\n(b) leaving a true copy of the document for the person at the person's last known or usual place of residence or business with a person who apparently resides or works there and who apparently is over the age of 16 years; or\n\n(c) sending a true copy of the document by post addressed to the person at the person's last known or usual place of residence or business.\n\n(2) A document that is authorised or required by this Part to be served on or given to an entity that is not a legal person is served by—\n\n(a) delivering personally a true copy of the document to the head of the entity; or\n\n(b) leaving a true copy of the document for the head of the entity at the last known or usual place of business of the entity with a person who apparently works there and who apparently is over the age of 16 years; or\n\n(c) sending a true copy of the document by post addressed to the head of the entity at the last known or usual place of business of the entity.\n\nThe **Electronic Transactions (Victoria) Act 2000** applies to enable a document to be served electronically, including fax transmission and email, in accordance with that Act.\n\nPt 6 Div. 4 (Heading) substituted by No. 23/2021 s. 38, amended by No. 58/2025 s. 40.\n\nPt 6 Div. 4 (Heading and ss 40–41H) inserted by No. 63/2016 s. 8.\n\nDivision 4—Information collection, use and disclosure powers of Social Services Regulator, sector regulators and integrated sector regulators\n\nNew s. 40 inserted by No. 63/2016 s. 8.\n\n","sortOrder":124},{"sectionNumber":"40","sectionType":"section","heading":"Definitions","content":"\t40 Definitions\n\nS. 40 def. of *exempt information* inserted by No. 23/2021 s. 39(2).\n\n***exempt information*** means information, including but not limited to protected information, the use or disclosure of which could be reasonably expected to—\n\n(a) endanger a person's life or result in physical injury; or\n\n(b) prejudice the investigation of a breach or possible breach of the law, or prejudice the enforcement or proper administration of the law, in a particular instance; or\n\n(c) prejudice a coronial inquest or inquiry; or\n\n(d) prejudice the fair trial of a person or the impartial adjudication of a particular case; or\n\n(e) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or\n\n(f) contravene a court order or a provision made by or under this Act or any other Act that—\n\n(i) prohibits or restricts, or authorises a court or tribunal to prohibit or restrict, the publication or other disclosure of information for or in connection with any proceeding; or\n\n(ii) requires or authorises a court or tribunal to close any proceeding to the public;\n\nS. 40 def. of *exempt integrated sector regulator* inserted. by No. 23/2021 s. 39(2).\n\n***exempt integrated sector regulator*** means an integrated sector regulator that is prescribed not to be a relevant person;\n\nS. 40 def. of *privilege information* inserted by No. 23/2021 s. 39(2).\n\n***privilege information*** means information, including but not limited to protected information, the use or disclosure of which could be reasonably expected to disclose the contents of a document, or a communication, that is of such a nature that the contents of the document, or the communication, would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege;\n\nS. 40 def. of *protected information* substituted by No. 23/2021 s. 39(1).\n\n***protected information*** means information acquired by a relevant person—\n\n(a) in the case of a relevant person that is an integrated sector regulator, in the course of—\n\n(i) performing functions or exercising powers under this Part; or\n\n(ii) performing functions or exercising powers under an authorising Act that relate to the Child Safe Standards; or\n\n(b) in any other case, in the course of performing functions or exercising powers under this Part;\n\nS. 40 def. of *relevant person* amended by Nos 23/2021 s. 39(3)(4), 58/2025 s. 41.\n\n***relevant person*** means any of the following persons—\n\n(aa) the Social Services Regulator;\n\n(aab) a sector regulator;\n\n(aac) an integrated sector regulator (other than an exempt integrated sector regulator);\n\n(aad) an Associate Social Services Regulator;\n\n(c) a delegate of the Social Services Regulator;\n\n(d) an authorised person;\n\n(e) a member of the staff of the Social Services Regulator;\n\n(f) an officer (however described) of a sector regulator or an integrated sector regulator (other than an exempt integrated sector regulator);\n\n(g) a delegate of a sector regulator or an integrated sector regulator (other than an exempt integrated sector regulator);\n\n(h) a person employed or engaged by a sector regulator or an integrated sector regulator (other than an exempt integrated sector regulator).\n\nS. 40A inserted by No. 23/2021 s. 40.\n\n","sortOrder":125},{"sectionNumber":"40A","sectionType":"section","heading":"Request by relevant person for information or documents","content":"\t40A Request by relevant person for information or documents\n\n(1) A relevant person may request a person or body to disclose to the relevant person information or a document that the relevant person reasonably considers is required for the relevant person—\n\n(a) to determine whether a relevant entity has complied with the Child Safe Standards; or\n\n(b) to determine whether an individual or entity is required to comply with the Child Safe Standards; or\n\n(c) to perform other functions or exercise other powers under this Act; or\n\n(d) if the relevant person is an integrated sector regulator, to perform functions or exercise powers under the relevant person's authorising Act that relate to the Child Safe Standards.\n\n(2) On receiving a request under subsection (1), a person or body may disclose the information or document to the relevant person.\n\n(3) A person or body (other than a relevant person) may comply with a request under subsection (1) despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities) if the request is made in writing.\n\n(4) A relevant person may comply with a request under subsection (1) despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities) whether or not the request is made in writing.\n\n(5) Nothing in this section requires a person or body to disclose exempt information or privilege information, or a document that contains exempt information or privilege information, to a relevant person.\n\nS. 40B inserted by No. 23/2021 s. 40.\n\n","sortOrder":126},{"sectionNumber":"40B","sectionType":"section","heading":"Notice of use of information or document","content":"\t40B Notice of use of information or document\n\n(1) When making a request under section 40A(1), a relevant person must inform the person or body to whom the request is made that the information or document requested is to be used by the relevant person—\n\n(a) in the case of a relevant person that is a sector regulator, to perform functions or exercise powers under this Act; or\n\n(b) in the case of a relevant person that is an integrated sector regulator—\n\n(i) to perform functions or exercise powers under the relevant person's authorising Act that relate to the Child Safe Standards; or\n\n(ii) if the relevant person has any functions or powers under this Act, to perform those functions or exercise those powers.\n\n(2) A disclosure of any information or document by a person or body is not unlawful merely because the relevant person fails to comply with subsection (1) when making the request for that disclosure.\n\nS. 41 (Heading) amended by No. 23/2021 s. 41(1).\n\nNew s. 41 inserted by No. 63/2016 s. 8, amended by No. 23/2021 s. 41(2).\n\n","sortOrder":127},{"sectionNumber":"41","sectionType":"section","heading":"Matters relevant to disclosures of information or documents","content":"\t41 Matters relevant to disclosures of information or documents\n\nA person must have regard to the following matters in deciding whether to disclose information or documents under this Part—\n\nS. 41(a) amended by No. 58/2025 s. 42.\n\n(a) the objectives of the Social Services Regulator under this Part;\n\n(b) the public interest in promoting—\n\n(i) the safety of children; and\n\n(ii) the prevention of child abuse; and\n\n(iii) the proper response to allegations of child abuse.\n\nS. 41A inserted by No. 63/2016 s. 8, amended by No. 23/2021 s. 42(1)(2) (ILA s. 39B(1)).\n\n","sortOrder":128},{"sectionNumber":"41A","sectionType":"section","heading":"Disclosures made in good faith","content":"\t41A Disclosures made in good faith\n\n(1) A disclosure of information or documents made under this Part, or in compliance with a notice to produce or a notice to comply, in good faith—\n\n(a) does not for any purpose constitute unprofessional conduct or a breach of professional ethics on the part of the person who made the disclosure; and\n\n(b) does not make the person who made the disclosure subject to any liability in respect of the disclosure; and\n\n(c) without limiting paragraphs (a) and (b), does not constitute a contravention of—\n\n(i) section 141 of the **Health Services Act 1988**; or\n\nS. 41A(1)(c)(ii) amended by No. 39/2022 s. 785.\n\n(ii) section 730 of the **Mental Health and Wellbeing Act 2022**.\n\nS. 41A(2) inserted by No. 23/2021 s. 42(2).\n\n(2) Despite anything to the contrary in this or another Act (other than the Charter of Human Rights and Responsibilities), a disclosure of information or documents that relate to the Child Safe Standards to a sector regulator or an integrated sector regulator made in good faith by any person—\n\n(a) does not for any purpose constitute unprofessional conduct or a breach of professional ethics on the part of the person who made the disclosure; and\n\n(b) does not make the person who made the disclosure subject to any liability in respect of the disclosure.\n\nS. 41B inserted by No. 63/2016 s. 8, substituted by No. 23/2021 s. 43 (as amended by No. 32/2022 s. 61).\n\n","sortOrder":129},{"sectionNumber":"41B","sectionType":"section","heading":"Disclosure for purposes of functions or powers permitted","content":"\t41B Disclosure for purposes of functions or powers permitted\n\n(1) Subject to subsection (2), a relevant person may disclose protected information (other than exempt information or privilege information) to any person to the extent reasonably necessary—\n\n(a) for the relevant person to perform a function, or exercise a power, under this Act that relates to the Child Safe Standards; or\n\n(b) for the relevant person to make a disclosure for the purposes of the reportable conduct scheme; or\n\nS. 41B(1)(c) substituted by No. 58/2025 s. 43\n\n(c) if the relevant person is the Social Services Regulator or an Associate Social Services Regulator, for the relevant person to perform a function or exercise a power under the **Social Services Regulation Act 2021**; or\n\n(d) if the relevant person is an integrated sector regulator, for the relevant person to perform a function or exercise a power under any other Act if that function or power relates to the Child Safe Standards; or\n\n(e) for the relevant person to disclose information that the relevant person is permitted or required to disclose under this or any other Act.\n\n(2) A relevant person may disclose protected information that is privilege information under subsection (1) with the written consent of the person or body to which the legal professional privilege or client legal privilege relates.\n\n(3) A person to whom protected information is disclosed under this section must not use or disclose that information except—\n\n(a) for the purpose under subsection (1) for which the information was disclosed; or\n\n(b) as permitted or required under this or any other Act.\n\nS. 41BA inserted by No. 23/2021 s. 43 (as amended by No. 32/2022 s. 61).\n\n\t41BA Disclosure to certain individuals permitted\n\n(1) If an individual provides a relevant person with information for the purposes of enabling the relevant person to determine whether or not a relevant entity is complying, or has complied, with the Child Safe Standards, this Act or an authorising Act, the relevant person may disclose the following information (other than exempt information) to the individual, whether or not it is protected information—\n\n(a) whether an investigation into whether the relevant entity is complying, or has complied, with the Child Safe Standards, this Act or an authorising Act is being, or will be, conducted by any relevant person;\n\n(b) any other relevant person to which the matter has been referred;\n\n(c) whether any enforcement action is being, or will be, taken against the relevant entity by any relevant person in relation to the relevant entity's compliance with Child Safe Standards.\n\n(2) Subject to subsection (3), protected information must not be disclosed under subsection (1) if the information—\n\n(a) identifies any person who—\n\n(i) uses the facilities or services of any relevant entity; or\n\n(ii) has been employed or engaged by any relevant entity to provide facilities or services; or\n\n(iii) provides facilities or services for the relevant entity under an arrangement with a provider within the meaning of the **Labour Hire Licensing Act 2018**; or\n\n(b) includes information from which the identity of a person referred to in paragraph (a) can be determined.\n\n(3) Subsection (2) does not apply to a disclosure of protected information made to the following persons—\n\n(a) the person to whom the information relates;\n\n(b) if the information relates to a child—\n\n(i) a parent (within the meaning of the **Children, Youth and Families Act 2005**) of the child; or\n\n(ii) the Secretary to the Department of Families, Fairness and Housing if the Secretary has parental responsibility for the child; or\n\n(iii) a person who has daily care and control of the child, whether or not that care involves custody of the child; or\n\n(iv) if the child is in out of home care (within the meaning of the **Children, Youth and Families Act 2005**), the out of home carer (within the meaning of section 74 of that Act) who provides that care.\n\n(4) This section does not apply to the VRQA.\n\nS. 41C inserted by No. 63/2016 s. 8, substituted by No. 23/2021 s. 44.\n\n","sortOrder":130},{"sectionNumber":"41C","sectionType":"section","heading":"Disclosure by relevant person of protected information to another relevant person","content":"\t41C Disclosure by relevant person of protected information to another relevant person\n\nA relevant person may disclose protected information, or a document that contains protected information, to any other relevant person for the purpose of either relevant person performing a function or exercising a power under any Act.\n\nS. 41D inserted by No. 63/2016 s. 8, amended by Nos 23/2021 s. 45(a), 58/2025 s. 44.\n\n","sortOrder":131},{"sectionNumber":"41D","sectionType":"section","heading":"Disclosure to report concerns permitted","content":"\t41D Disclosure to report concerns permitted\n\nA relevant person may disclose protected information to any of the following persons or authorities to report concerns that the Social Services Regulator, a sector regulator or an integrated sector regulator may have about the failure of a relevant entity, in its operations, to promote the safety of children, to prevent child abuse or to properly respond to allegations of child abuse—\n\n(a) the Minister;\n\nS. 41D(b) amended by No. 23/2021 s. 45(b).\n\n(b) the Secretary to the Department of Families, Fairness and Housing;\n\n(c) if the relevant person considers that the concerns are relevant to a Minister of the Crown (other than the Minister), to that Minister;\n\nS. 41D(d) amended by No. 23/2021 s. 45(c).\n\n(d) if the relevant person considers that the concerns are relevant to a Secretary to another Department, to that Secretary.\n\nS. 41D(e) repealed by No. 23/2021 s. 45(d).\n\nS. 41E inserted by No. 63/2016 s. 8, amended by No. 23/2021 s. 46.\n\n","sortOrder":132},{"sectionNumber":"41E","sectionType":"section","heading":"Disclosure to protect child permitted","content":"\t41E Disclosure to protect child permitted\n\nA person who is or has been a relevant person may disclose protected information to prevent a serious threat of harm to the health, safety or wellbeing of a child.\n\nS. 41F inserted by No. 63/2016 s. 8.\n\n","sortOrder":133},{"sectionNumber":"41F","sectionType":"section","heading":"Disclosure to court or tribunal permitted","content":"\t41F Disclosure to court or tribunal permitted\n\nA person who is or has been a relevant person may disclose protected information—\n\n(a) to a court or tribunal in the course of criminal legal proceedings; or\n\n(b) in accordance with an order of a court or tribunal made under another Act or law.\n\nS. 41G inserted by No. 63/2016 s. 8.\n\n","sortOrder":134},{"sectionNumber":"41G","sectionType":"section","heading":"Disclosure to obtain legal advice permitted","content":"\t41G Disclosure to obtain legal advice permitted\n\nA person who is or has been a relevant person may disclose protected information to an Australian legal practitioner for the purpose of obtaining legal advice or representation.\n\nS. 41H inserted by No. 63/2016 s. 8.\n\n","sortOrder":135},{"sectionNumber":"41H","sectionType":"section","heading":"Disclosing information to other authorities","content":"\t41H Disclosing information to other authorities\n\nS. 41H(1) amended by No. 23/2021 s. 47(1).\n\n(1) Subject to subsection (2), a relevant person may disclose protected information to the following—\n\n(a) the Chief Commissioner of Police appointed under the **Victoria Police Act 2013**;\n\nS. 41H(1)(ab) inserted by No. 23/2021 s. 47(2).\n\n(ab) a member of Victoria Police personnel within the meaning of the **Victoria Police Act 2013**;\n\nS. 41H(1)(ac) inserted by No. 23/2021 s. 47(2).\n\n(ac) the Australian Federal Police;\n\nS. 41H(1)(ad) inserted by No. 23/2021 s. 47(2).\n\n(ad) the police force of another State or a Territory;\n\nS. 41H(1)(b) substituted by No. 23/2021 s. 47(3).\n\n(b) the Information Commissioner appointed under section 6C of the **Freedom of Information Act 1982**;\n\nS. 41H(1)(ba) inserted by No. 58/2025 s. 45(1).\n\n(ba) the Commission;\n\n(c) a coroner;\n\n(d) the Disability Services Commissioner within the meaning of the **Disability Act 2006**;\n\nS. 41H(1)(da) inserted by No. 19/2019 s. 252.\n\n(da) the Commissioner of the NDIS Quality and Safeguards Commission within the meaning of Chapter 6A of the National Disability Insurance Scheme Act 2013 of the Commonwealth;\n\n(e) the Health Services Commissioner within the meaning of the **Health Services (Conciliation and Review) Act 1987**;\n\n(f) the Commissioner of the IBAC appointed under **the Independent Broad-based Anti‑corruption Commission Act 2011**;\n\nS. 41H(1)(g) amended by No. 39/2022 s. 786 (as amended by No. 20/2023 s. 49(1)).\n\n(g) the Mental Health and Wellbeing Commission within the meaning of the **Mental Health and Wellbeing Act 2022**;\n\n(h) the Minister;\n\n(i) the Ombudsman within the meaning of the **Ombudsman Act 1973**;\n\nS. 41H(1)(j) amended by No. 13/2019 s. 221(Sch. 1 item 7).\n\n(j) the Public Advocate within the meaning of the **Guardianship and Administration Act 2019**;\n\nS. 41H(1)(k) substituted by No. 23/2021 s. 47(4).\n\n(k) a Department or Department Head within the meaning of the **Public Administration Act 2004**;\n\nS. 41H(1)(l) inserted by No. 23/2021 s. 47(4).\n\n(l) an Administrative Office or Administrative Office Head within the meaning of the **Public Administration Act 2004**;\n\nS. 41H(1)(m) inserted by No. 23/2021 s. 47(4).\n\n(m) the Victorian Disability Worker Commission established under the **Disability Service Safeguards Act 2018**;\n\nS. 41H(1)(n) inserted by No. 23/2021 s. 47(4).\n\n(n) the Victorian Disability Worker Commissioner appointed under section 26 of the **Disability Service Safeguards Act 2018**;\n\nS. 41H(1)(o) inserted by No. 23/2021 s. 47(4).\n\n(o) the Disability Worker Registration Board of Victoria established under the **Disability Service Safeguards Act 2018**;\n\nS. 41H(1)(p) inserted by No. 23/2021 s. 47(4).\n\n(p) the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law;\n\nS. 41H(1)(q) inserted by No. 23/2021 s. 47(4).\n\n(q) a National Health Practitioner Board established by section 31 of the Health Practitioner Regulation National Law;\n\nS. 41H(1)(r) inserted by No. 23/2021 s. 47(4).\n\n(r) the Victorian Institute of Teaching continued in operation by section 2.6.2 of the **Education and Training Reform Act 2006**;\n\nS. 41H(1)(s) inserted by No. 23/2021 s. 47(4).\n\n(s) subject to subsection (3), a person or body that, for the purposes of a law of the Commonwealth, another State or a Territory, may require any person or body to comply with standards (however described) of the Commonwealth or that State or Territory that correspond to the Child Safe Standards;\n\nS. 41H(1)(t) inserted by No. 23/2021 s. 47(4).\n\n(t) an exempt integrated sector regulator;\n\nS. 41H(1)(u) inserted by No. 23/2021 s. 47(4).\n\n(u) the National VET Regulator known as the Australian Skills Quality Authority established under the National Vocational Education and Training Regulator Act 2011 of the Commonwealth;\n\nS. 41H(1)(v) inserted by No. 23/2021 s. 47(4).\n\n(v) the Tertiary Education Quality and Standards Agency established under the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth;\n\nS. 41H(1)(w) inserted by No. 23/2021 s. 47(4).\n\n(w) the Australian Charities and Not-for-profits Commission established by the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth;\n\nS. 41H(1)(x) inserted by No. 23/2021 s. 47(4).\n\n(x) a person or body that conducts, or is approved to conduct, a review and evaluation of a school or group of schools under section 4.3.2 of the **Education and Training Reform Act 2006**;\n\nS. 41H(1)(y) inserted by No. 23/2021 s. 47(4).\n\n(y) a person or body that is preparing a report for the VRQA under section 4.3.8F of the **Education and Training Reform Act 2006**;\n\nS. 41H(1)(z) inserted by No. 23/2021 s. 47(4).\n\n(z) a prescribed person or body.\n\n(2) A relevant person must not disclose protected information to a person under subsection (1) unless the information is relevant to—\n\nS. 41H(2)(a) substituted by No. 23/2021 s. 47(5), amended by No. 58/2025 s. 45(2).\n\n(a) the performance of functions by the Social Services Regulator, a sector regulator or an integrated sector regulator under this Act; or\n\nS. 41H(2)(ab) inserted by No. 23/2021 s. 47(5).\n\n(ab) the performance of functions by an integrated sector regulator under an authorising Act that relate to the Child Safe Standards; or\n\nS. 41H(2)(ac) inserted by No. 23/2021 s. 47(5).\n\n(ac) the performance of functions by the Commission under the **Commission for Children and Young People Act 2012**; or\n\nS. 41H(2)(b) amended by No. 23/2021 s. 47(6).\n\n(b) the performance of a function conferred on the person or body by or under an Act.\n\nS. 41H(3) inserted by No. 23/2021 s. 47(7).\n\n(3) A relevant person must not disclose protected information under subsection (1) to a person or body described in subsection (1)(s) unless the relevant person is satisfied that the person or body has in place sufficient arrangements to protect the privacy and confidentiality of the protected information.\n\nS. 41HA inserted by No. 23/2021 s. 48.\n\n\t41HA Disclosure of protected information by relevant persons prohibited\n\nA relevant person, or a person who has been a relevant person, must not disclose to any other person, whether directly or indirectly, any protected information except to the extent that the person is authorised, permitted or required to do so under this Act or another Act.\n\nPenalty: 60 penalty units.\n\nPt 6 Div. 5 (Heading and ss 41I, 41J) inserted by No. 63/2016 s. 8.\n\nDivision 5—Review\n\nS. 41I inserted by No. 63/2016 s. 8, substituted by No. 23/2021 s. 36.\n\n","sortOrder":136},{"sectionNumber":"41I","sectionType":"section","heading":"Internal review","content":"\t41I Internal review\n\n(1) A relevant entity, person or body may seek a review by a sector regulator of a decision of the sector regulator—\n\n(a) to issue a notice to produce or a notice to comply; or\n\n(b) to issue an official warning under section 36A; or\n\n(c) to publish information under section 36I.\n\n(2) The sector regulator must prepare and implement a process for the review of each of the following decisions—\n\n(a) to issue a notice to produce;\n\n(b) to issue a notice to comply;\n\n(c) to issue an official warning under section 36A;\n\n(d) to publish information under section 36I.\n\nS. 41J inserted by No. 63/2016 s. 8.\n\n","sortOrder":137},{"sectionNumber":"41J","sectionType":"section","heading":"Application to the Victorian Civil and Administrative Tribunal","content":"\t41J Application to the Victorian Civil and Administrative Tribunal\n\nS. 41J(1) amended by No. 23/2021 s. 37.\n\n(1) A relevant entity may apply to VCAT for a review of a decision of a sector regulator to issue a notice to comply or to publish information under section 36I.\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the relevant entity requests a statement of reasons for the decision, the day on which—\n\n(i) the statement of reasons is given to the relevant entity; or\n\n(ii) the relevant entity is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\n(3) Before a relevant entity is entitled to apply to VCAT for the review of a decision referred to in subsection (1), the relevant entity must have exhausted all available avenues for the review of the decision under section 41I.\n\nPt 6 Div. 6 (Heading and ss 41K–41M) inserted by No. 63/2016 s. 8.\n\nDivision 6—Reporting\n\nS. 41K inserted by No. 63/2016 s. 8.\n\n","sortOrder":138},{"sectionNumber":"41K","sectionType":"section","heading":"Report of compliance by relevant entities with Child Safe Standards","content":"\t41K Report of compliance by relevant entities with Child Safe Standards\n\nS. 41K(1) substituted by No. 23/2021 s. 49(1), amended by No. 58/2025 s. 46(1)(a).\n\n(1) An annual report of the operations of the Social Services Regulator prepared for the purposes of section 45 of the **Financial Management Act 1994** must include, for the financial year to which the report of operations relates—\n\nS. 41K(1)(a) amended by No. 58/2025 s. 46(1)(a).\n\n(a) details of the activities engaged in by the Social Services Regulator to provide education, information and advice on the Child Safe Standards throughout Victoria; and\n\n(b) details of compliance by relevant entities throughout Victoria with the Child Safe Standards and this Part; and\n\nS. 41K(1)(c) amended by No. 58/2025 s. 46(1)(a)(b).\n\n(c) details of the activities engaged in by the Social Services Regulator to monitor or enforce compliance with the Child Safe Standards or this Part by the relevant entities for which the Social Services Regulator is an integrated sector regulator; and\n\nS. 41K(1)(d) amended by No. 58/2025 s. 46(1)(c).\n\n(d) details of the activities engaged in under this Part by sector regulators and by other integrated sector regulators to monitor or enforce compliance with the Child Safe Standards or this Part by relevant entities; and\n\nS. 41K(1)(e) amended by No. 58/2025 s. 46(1)(a)(d).\n\n(e) any activities engaged in by the Social Services Regulator to promote consistency in child safety outcomes and consistency between monitoring and enforcement activities engaged in by the Social Services Regulator, sector regulators and other integrated sector regulators.\n\nS. 41K(2) amended by Nos 23/2021 s. 49(2), 58/2025 s. 46(2).\n\n(2) The Social Services Regulator must give a further report, and sector regulators and other integrated sector regulators must give a report, of the details of compliance by relevant entities with the Child Safe Standards and this Part to the Minister and the Secretary to the Department of Families, Fairness and Housing at any time required by the Minister or the Secretary.\n\nS. 41K(3) amended by No. 23/2021 s. 49(3).\n\n(3) A section of an annual report or any other report prepared in accordance with subsection (1) or (2) must include the following details (as applicable) in relation to the reporting period—\n\n(a) the number of notices to produce that were given;\n\n(b) the number of notices to comply that were given;\n\nS. 41K(3)(ba) inserted by No. 23/2021 s. 49(4).\n\n(ba) the number of enforceable undertakings accepted;\n\nS. 41K(3)(bb) inserted by No. 23/2021 s. 49(4).\n\n(bb) the number of updates made to the register of non-compliance;\n\nS. 41K(3)(bc) inserted by No. 23/2021 s. 49(4).\n\n(bc) the number of official warnings issued;\n\n(c) the number of declarations made by the court under section 33 that a relevant entity did not comply with a notice to produce;\n\n(d) the number of declarations made by the court under section 33 that a relevant entity did not comply with a notice to comply;\n\n(e) the number of civil penalties ordered by the court to be paid that related to a failure to comply with a notice to produce;\n\n(f) the number of civil penalties ordered by the court to be paid that related to a failure to comply with a notice to comply;\n\nS. 41K(3)(fa) inserted by No. 23/2021 s. 49(5).\n\n(fa) the number of criminal penalties ordered by the court to be paid that related to a failure to comply with a notice to comply;\n\nS. 41K(3)(fb) inserted by No. 23/2021 s. 49(5).\n\n(fb) the number of criminal penalties ordered by the court to be paid that related to a failure to comply with a notice to produce;\n\nS. 41K(3)(fc) inserted by No. 23/2021 s. 49(5).\n\n(fc) the number of adverse publicity orders granted by the court;\n\nS. 41K(3)(g) amended by No. 58/2025 s. 46(3).\n\n(g) the educational activities undertaken by the Social Services Regulator.\n\nS. 41K(4) amended by No. 23/2021 s. 49(6).\n\n(4) A section of an annual report or a further report prepared in accordance with subsection (1) or (2) may include the details of any systemic or recurrent issues in compliance by relevant entities with the Child Safe Standards that were identified during the reporting period or at any other time.\n\nS. 41K(4A) inserted by No. 23/2021 s. 49(7).\n\n(4A) A section of an annual report or any other report prepared in accordance with subsection (1) or (2) may include the details of activities of an integrated sector regulator relating to the enforcement of compliance by relevant entities with the Child Safe Standards that were engaged in during the reporting period.\n\nS. 41K(5) amended by No. 58/2025 s. 46(3).\n\n(5) If the matters reported under this section include a matter that is the responsibility of a Minister of the Crown (other than the Minister), the Social Services Regulator must give a copy of the report to that Minister of the Crown.\n\nS. 41K(6) amended by Nos 23/2021 s. 49(8), 58/2025 s. 46(3).\n\n(6) If the matters reported under this section include a matter that is the responsibility of a Secretary to a Department (other than the Department of Families, Fairness and Housing), the Social Services Regulator must give a copy of the report to that Secretary.\n\nS. 41KA (Heading) amended by No. 58/2025 s. 47(1).\n\nS. 41KA inserted by No. 23/2021 s. 50.\n\n\t41KA Social Services Regulator may request information for reports\n\nS. 41KA(1) amended by No. 58/2025 s. 47(2).\n\n(1) The Social Services Regulator may request a sector regulator or an integrated sector regulator to provide to the Social Services Regulator any information or document the Social Services Regulator reasonably requires—\n\n(a) to prepare a report in accordance with section 41K(1) or (2); or\n\n(b) to collect any details described in section 41K(3) for any specified period; or\n\n(c) for a prescribed purpose.\n\n(2) A sector regulator or an integrated sector regulator must comply with a request under subsection (1) despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities).\n\nS. 41L inserted by No. 63/2016 s. 8.\n\n","sortOrder":139},{"sectionNumber":"41L","sectionType":"section","heading":"Matters to be included in annual report must not include identifying information","content":"\t41L Matters to be included in annual report must not include identifying information\n\nThe matters reported under section 41K must not include—\n\n(a) information that identifies a child who uses the facilities or services of a relevant entity or who has been engaged by a relevant entity to provide facilities or services; or\n\n(b) information from which the identity of a child referred to in paragraph (a) can be determined.\n\nS. 41M (Heading) substituted by No. 23/2021 s. 51(1).\n\nS. 41M inserted by No. 63/2016 s. 8, amended by Nos 23/2021 s. 51(2)(a)(b), 58/2025 s. 48.\n\n","sortOrder":140},{"sectionNumber":"41M","sectionType":"section","heading":"Opportunity to respond to adverse comment or opinion in report","content":"\t41M Opportunity to respond to adverse comment or opinion in report\n\nDespite any other provision in this Part, the Social Services Regulator, a sector regulator or an integrated sector regulator must not give a section of an annual report or any other report prepared in accordance with section 41K(1) or (2) to a Minister or a Secretary if—\n\n(a) the section or report includes any comment or opinion that is adverse to a relevant entity; and\n\nS. 41M(b) amended by Nos 23/2021 s. 51(2)(c), 58/2025 s. 48.\n\n(b) the Social Services Regulator, the sector regulator or integrated sector regulator has not given the relevant entity an opportunity to comment on the adverse comment or opinion.\n\nPt 6 Div. 7 (Heading and ss 41N, 41O) inserted by No. 63/2016 s. 8.\n\n","sortOrder":141},{"sectionNumber":"Div 7","sectionType":"division","heading":"Reporting to Parliament","content":"Division 7—Reporting to Parliament\n\nS. 41N inserted by No. 63/2016 s. 8.\n\n","sortOrder":142},{"sectionNumber":"41N","sectionType":"section","heading":"Application of Division","content":"\t41N Application of Division\n\nThis Division applies if—\n\nS. 41N(a) amended by Nos 23/2021 s. 52(a)(b)(c), 58/2025 s. 49.\n\n(a) the Minister or the Secretary to the Department of Families, Fairness and Housing has required the Social Services Regulator, a sector regulator or an integrated sector regulator to give a report under section 41K(2); and\n\nS. 41N(b) amended by Nos 23/2021 s. 52(d)(e), 58/2025 s. 49.\n\n(b) the Social Services Regulator, sector regulator or integrated sector regulator has given that report, or a copy of that report, to any of the following persons in accordance with Division 6—\n\n(i) the Minister;\n\nS. 41N(b)(ii) amended by No. 23/2021 s. 52(f).\n\n(ii) the Secretary to the Department of Families, Fairness and Housing;\n\n(iii) any other Minister of the Crown;\n\n(iv) a Secretary to another Department; and\n\n(c) at least 14 days have elapsed since the persons referred to in paragraph (a) were given the report or a copy of the report.\n\nS. 41O inserted by No. 63/2016 s. 8.\n\n","sortOrder":143},{"sectionNumber":"41O","sectionType":"section","heading":"Giving the report to Parliament","content":"\t41O Giving the report to Parliament\n\nS. 41O(1) amended by Nos 23/2021 s. 53(1), 58/2025 s. 50.\n\n(1) The Social Services Regulator, sector regulator or integrated sector regulator may give a copy of the report to the clerk of each House of the Parliament.\n\n(2) The clerk of each House of the Parliament must cause the report to be laid before the House on—\n\n(a) the day on which it is received; or\n\n(b) the next sitting day of the House.\n\nS. 41O(3) amended by Nos 23/2021 s. 53(2)(a), 58/2025 s. 50.\n\n(3) If the Social Services Regulator, sector regulator or integrated sector regulator proposes to give the report to Parliament when neither House of the Parliament is sitting, the Social Services Regulator, sector regulator or integrated sector regulator must—\n\nS. 41O(3)(a) amended by No. 23/2021 s. 53(2)(b).\n\n(a) give one business day's notice of its intention to do so to the clerk of each House of the Parliament; and\n\n(b) give the copy of the report to the clerk of each House of the Parliament on the day indicated in the notice; and\n\n(c) cause the report to be published by the Government Printer.\n\n(4) The clerk of a House of the Parliament must notify each member of the House of the receipt of a notice under subsection (3)(a) as soon as practicable after the clerk receives the notice.\n\n(5) On receiving a copy of the report under subsection (3)(b), the clerk of the House of the Parliament must—\n\n(a) as soon as practicable after the report is received, notify each member of the House of the receipt of the report and advise that the report is available on request; and\n\n(b) give a copy of the report to any member of the House on request; and\n\n(c) cause the copy of the report to be laid before the House on the next sitting day of the House.\n\n(6) A copy of a report that is given to the clerk of a House of the Parliament under subsection (1) or (3)(b) is taken to have been published by order, or under the authority, of that House.\n\nPt 6A (Headings and ss 41P–41ZO) inserted by No. 11/2018 s. 8.\n\n","sortOrder":144},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Information sharing","content":"Part 6A—Information sharing\n\nDivision 1—Preliminary\n\nS. 41P inserted by No. 11/2018 s. 8.\n\n","sortOrder":145},{"sectionNumber":"41P","sectionType":"section","heading":"Definitions","content":"\t41P Definitions\n\nIn this Part—\n\n***child*** means—\n\n(a) a person who is under the age of 18 years; and\n\n(b) an unborn child that is the subject of a report made under section 29 of the **Children, Youth and Families Act 2005** or a referral under section 32 of that Act;\n\n***consent*** means express or implied consent;\n\n***excluded information*** has the meaning set out in section 41Q;\n\n***handling***, in relation to confidential information, has the meaning set out in section 3 of the **Privacy and Data Protection Act 2014** in relation to personal information;\n\n***Health Privacy Principle*** means any of the Health Privacy Principles set out in Schedule 1 to the **Health Records Act 2001**;\n\n***Information Privacy Principle*** means any of the Information Privacy Principles set out in Schedule 1 to the **Privacy and Data Protection Act 2014**;\n\n***person*** includes an unincorporated association, a firm and a partnership.\n\nS. 41Q inserted by No. 11/2018 s. 8.\n\n","sortOrder":146},{"sectionNumber":"41Q","sectionType":"section","heading":"Meaning of *excluded information*","content":"\t41Q Meaning of *excluded information*\n\nIn this Part, confidential information is ***excluded information*** if—\n\n(a) the collection, use or disclosure of that information could be reasonably expected to—\n\n(i) endanger a person's life or result in physical injury; or\n\n(ii) prejudice the investigation of a breach or possible breach of the law, or prejudice the enforcement or proper administration of the law, in a particular instance; or\n\n(iii) prejudice a coronial inquest or inquiry; or\n\n(iv) prejudice the fair trial of a person or the impartial adjudication of a particular case; or\n\n(v) disclose the contents of a document, or a communication, that is of such a nature that the contents of the document, or the communication, would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege; or\n\n(vi) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or\n\n(vii) contravene a court order or a provision made by or under this Act or any other Act that—\n\n(A) prohibits or restricts, or authorises a court or tribunal to prohibit or restrict, the publication or other disclosure of information for or in connection with any proceeding; or\n\n(B) requires or authorises a court or tribunal to close any proceeding to the public; or\n\n(viii) be contrary to the public interest; or\n\n(b) the information is prescribed to be excluded information for the purposes of this Part.\n\nS. 41R inserted by No. 11/2018 s. 8.\n\n","sortOrder":147},{"sectionNumber":"41R","sectionType":"section","heading":"Meaning of *information sharing entity*","content":"\t41R Meaning of *information sharing entity*\n\n(1) In this Act, ***information sharing entity*** means a person or body, or a class of person or body, prescribed to be an information sharing entity.\n\n(2) For the avoidance of doubt, if a provision of this Part or the regulations does not specify that it applies to a category of information sharing entity, then the provision applies to all information sharing entities.\n\nS. 41S inserted by No. 11/2018 s. 8.\n\n","sortOrder":148},{"sectionNumber":"41S","sectionType":"section","heading":"Meaning of *restricted information sharing entity*","content":"\t41S Meaning of *restricted information sharing entity*\n\n(1) In this Act, ***restricted*** ***information sharing entity*** means a person or body, or a class of person or body, prescribed to belong to a category of restricted information sharing entity specified in the regulations.\n\n(2) Without limiting subsection (1), the regulations may specify that a category of restricted information sharing entity may carry out one or more of the following activities as if it were an information sharing entity—\n\n(a) disclose confidential information under section 41V to—\n\n(ii) a restricted information sharing entity that belongs to a category of restricted information sharing entity that may collect confidential information under this Part;\n\n(b) collect confidential information disclosed under this Part;\n\n(c) request the disclosure of confidential information under section 41W(1), and collect that information, from—\n\n(ii) a restricted information sharing entity that belongs to a category of restricted information sharing entity that may disclose confidential information under section 41W(3);\n\n(d) disclose confidential information under section 41W(3) if requested to do so by—\n\n(ii) a restricted information sharing entity that belongs to a category of restricted information sharing entity that may request confidential information under section 41W(1);\n\n(e) disclose confidential information under section 41Y.\n\n(3) A restricted information sharing entity must only disclose confidential information to the extent permitted by this Part or the regulations for the category of restricted information sharing entity to which the restricted information sharing entity belongs.\n\nS. 41T inserted by No. 11/2018 s. 8.\n\n","sortOrder":149},{"sectionNumber":"41T","sectionType":"section","heading":"Application of this Part to courts and tribunals","content":"\t41T Application of this Part to courts and tribunals\n\nIf any of the following persons or bodies are prescribed to be information sharing entities or restricted information sharing entities, nothing in this Part applies to the collection, use or disclosure of confidential information by those persons or bodies in relation to, or for the purposes of, their judicial or quasi‑judicial functions—\n\n(a) a court or tribunal;\n\n(b) the holder of a judicial or quasi-judicial office or other office pertaining to a court or tribunal in their capacity as the holder of that office;\n\n(c) a registry or other office of a court or tribunal;\n\n(d) the staff of such a registry or other office in their capacity as members of that staff.\n\nS. 41U inserted by No. 11/2018 s. 8.\n\n","sortOrder":150},{"sectionNumber":"41U","sectionType":"section","heading":"Principles","content":"\t41U Principles\n\n(1) The principles set out in this section should be used for guidance in relation to the collection, use or disclosure of confidential information that is authorised or required to be collected, used or disclosed under this Part.\n\n(2) Information sharing entities and restricted information sharing entities should—\n\n(a) give precedence to the wellbeing and safety of a child or group of children over the right to privacy; and\n\n(b) only share confidential information to the extent necessary to promote the wellbeing or safety of a child or group of children, consistent with the best interests of that child or those children; and\n\n(c) work collaboratively in a manner that respects the functions and expertise of each information sharing entity and restricted information sharing entity; and\n\n(d) seek and take into account the views of a child and the child's relevant family members, if it is appropriate, safe and reasonable to do so; and\n\n(e) seek to preserve and promote positive relationships between a child and the child's family members and persons of significance to the child; and\n\n(f) be respectful of and have regard to a child's social, individual and cultural identity, the child's strengths and abilities and any vulnerability relevant to the child's safety or wellbeing; and\n\n(g) take all reasonable steps to plan for the safety of all family members who are believed to be at risk from family violence; and\n\n(h) promote the cultural safety and recognise the cultural rights and familial and community connections of children who are Aboriginal, Torres Strait Islander or both; and\n\n(i) seek to maintain constructive and respectful engagement with children and their families.\n\n(3) The Parliament does not intend these principles—\n\n(a) to create in any person any legal right or give rise to any civil cause of action; or\n\n(b) to affect in any way the interpretation of any Act or law in force in Victoria.\n\nDivision 2—Information sharing\n\nS. 41V inserted by No. 11/2018 s. 8.\n\n","sortOrder":151},{"sectionNumber":"41V","sectionType":"section","heading":"Voluntary disclosure for wellbeing or safety of children","content":"\t41V Voluntary disclosure for wellbeing or safety of children\n\nAn information sharing entity (the ***disclosing entity***) may, on its own initiative, disclose confidential information, other than excluded information, to another information sharing entity (the ***receiving entity***) if—\n\n(a) the disclosure is made for the purpose of promoting the wellbeing or safety of a child or group of children; and\n\n(b) the disclosing entity reasonably believes that the disclosure may assist the receiving entity to carry out one or more of the following activities—\n\n(i) making a decision, an assessment or a plan relating to a child or group of children;\n\n(ii) initiating or conducting an investigation relating to a child or group of children;\n\n(iii) providing a service relating to a child or group of children;\n\n(iv) managing any risk to a child or group of children.\n\nS. 41W inserted by No. 11/2018 s. 8.\n\n","sortOrder":152},{"sectionNumber":"41W","sectionType":"section","heading":"Request for confidential information for wellbeing or safety of children","content":"\t41W Request for confidential information for wellbeing or safety of children\n\n(1) An information sharing entity (the ***requesting entity***) may request another information sharing entity (the ***responding entity***) to disclose to the requesting entity confidential information, other than excluded information, if the request is made for the purpose of promoting the wellbeing or safety of a child or a group of children.\n\n(2) In making a request under this section, a requesting entity may disclose to the responding entity any confidential information that may assist the responding entity to—\n\n(a) identify the confidential information held by the responding entity that is relevant to the request; and\n\n(b) form an opinion on whether the confidential information may be disclosed in accordance with this Part.\n\n(3) Subject to subsection (5), the responding entity must comply with a request made under subsection (1) for the disclosure of the confidential information if—\n\n(a) the disclosure is made for the purpose of promoting the wellbeing or safety of a child or group of children; and\n\n(b) the responding entity reasonably believes that the disclosure may assist the requesting entity to carry out one or more of the following activities—\n\n(i) making a decision, an assessment or a plan relating to a child or group of children;\n\n(ii) initiating or conducting an investigation relating to a child or group of children;\n\n(iii) providing a service relating to a child or group of children;\n\n(iv) managing any risk to a child or group of children.\n\n(4) Subject to subsection (5), a responding entity that does not comply with a request made under subsection (1) must provide, in writing, the requesting entity with the reason for the failure to comply with the request.\n\n(5) Subsections (3) and (4) do not apply to any person or body specified in section 41T that has been prescribed to be an information sharing entity or a restricted information sharing entity.\n\nS. 41X inserted by No. 11/2018 s. 8.\n\n","sortOrder":153},{"sectionNumber":"41X","sectionType":"section","heading":"Further disclosure of confidential information","content":"\t41X Further disclosure of confidential information\n\nIf confidential information is disclosed under this Part to an information sharing entity or a restricted information sharing entity, nothing in this Part prevents or limits the information sharing entity or restricted information sharing entity from using or disclosing that information if it is required or permitted to do so by or under any Act or law.\n\nS. 41Y inserted by No. 11/2018 s. 8.\n\n","sortOrder":154},{"sectionNumber":"41Y","sectionType":"section","heading":"Voluntary disclosure to child or person with parental responsibility or with whom child is living","content":"\t41Y Voluntary disclosure to child or person with parental responsibility or with whom child is living\n\n(1) An information sharing entity may disclose confidential information, other than excluded information, to any of the following persons for the purposes of managing a risk to a child's safety—\n\n(a) the child;\n\n(b) a person who has parental responsibility for the child;\n\n(c) a person with whom the child is living.\n\n(2) A person to whom confidential information has been disclosed under subsection (1) must not use or disclose that information except for the purposes of managing a risk to the child's safety.\n\n(3) Nothing in this section limits any disclosure that is required or permitted under any Act or law.\n\nS. 41Z inserted by No. 11/2018 s. 8.\n\n","sortOrder":155},{"sectionNumber":"41Z","sectionType":"section","heading":"Collection and use of confidential information","content":"\t41Z Collection and use of confidential information\n\nAn information sharing entity or a restricted information sharing entity may, for the purposes of this Part, collect and use any confidential information disclosed to the information sharing entity or restricted information sharing entity under this Part.\n\nDivision 3—Guidelines, protected disclosures and recording requirements\n\nS. 41ZA inserted by No. 11/2018 s. 8.\n\n\t41ZA Guidelines\n\n(1) The Minister must issue guidelines in relation to the operation of this Part.\n\n(2) Without limiting subsection (1), guidelines issued must address—\n\n(a) how an information sharing entity or a restricted information sharing entity may demonstrate its capacity to handle confidential information responsibly and appropriately in accordance with this Part; and\n\n(b) how the principles set out in section 41U are to be applied in practice by an information sharing entity or a restricted information sharing entity when collecting, using or disclosing confidential information under this Part.\n\n(3) Before issuing guidelines under subsection (1), the Minister must publish, on an appropriate Internet site—\n\n(a) a draft of the proposed guidelines; and\n\n(b) a statement that submissions may be made to the Minister on or before a specified date, being at least 28 days after the day on which the draft guidelines are published.\n\n(4) As soon as practicable after finalising draft guidelines, the Minister must publish the guidelines on an appropriate Internet site.\n\n(5) Subject to subsection (6), an information sharing entity or a restricted information sharing entity must comply with any guidelines issued under this section when handling confidential information in accordance with this Part.\n\n(6) Subsection (5) does not apply to any person or body specified in section 41T that has been prescribed to be an information sharing entity or a restricted information sharing entity.\n\n(7) Guidelines issued under subsection (1) are not legislative instruments within the meaning of the **Subordinate Legislation Act 1994**.\n\n(8) The Minister may review guidelines issued under subsection (1) at any time and may issue amended guidelines as the Minister considers necessary.\n\n(9) If the Minister considers that an amendment to the guidelines is significant or substantial, the requirements of subsection (3) must be met before the amended guidelines may be issued.\n\nS. 41ZB inserted by No. 11/2018 s. 8.\n\n\t41ZB Use and disclosure in good faith protected\n\nThe use or disclosure of confidential information under this Part in good faith and with reasonable care—\n\n(a) does not for any purpose constitute unprofessional conduct or a breach of professional ethics on the part of the individual by whom it was made; and\n\n(b) does not make the individual by whom it was made subject to any liability in respect of it; and\n\n(c) without limiting paragraphs (a) and (b), does not constitute a contravention by the individual of any other Act.\n\nS. 41ZC inserted by No. 11/2018 s. 8.\n\n\t41ZC Recording requirements\n\nAn information sharing entity or a restricted information sharing entity must record the prescribed information in respect of its collection, use and disclosure of confidential information in accordance with this Part and the regulations.\n\nDivision 4—Relationship of this Part with other Acts\n\nS. 41ZD inserted by No. 11/2018 s. 8.\n\n\t41ZD Information sharing entities under the Family Violence Protection Act 2008\n\n(1) This section applies if an information sharing entity or a restricted information sharing entity is an information sharing entity within the meaning of Part 5A of the **Family Violence Protection Act 2008**.\n\n(2) An information sharing entity or a restricted information sharing entity to which this section applies may collect, use or disclose confidential information either—\n\n(a) under and in accordance with Part 5A of the **Family Violence Protection Act 2008**; or\n\n(b) under and in accordance with this Part.\n\nS. 41ZE inserted by No. 11/2018 s. 8.\n\n\t41ZE Part does not affect handling of confidential information permitted by other Acts\n\nThis Part does not affect the collection, use or disclosure of confidential information by an information sharing entity or a restricted information sharing entity that would otherwise be permitted by or under the **Privacy and Data Protection Act 2014**, the **Health Records Act 2001**, this Act or any other Act*.*\n\nS. 41ZF inserted by No. 11/2018 s. 8.\n\n\t41ZF Restrictions on access to confidential information\n\n(1) An information sharing entity or a restricted information sharing entity may refuse to give an individual access to that individual's confidential information under a relevant privacy law if the information sharing entity or restricted information sharing entity believes on reasonable grounds that giving the individual access to the information would increase a risk to the safety of a child or group of children.\n\n***relevant privacy law*** means—\n\n(a) Health Privacy Principle 6; or\n\n(b) Information Privacy Principle 6; or\n\n(c) the Privacy Act 1988 of the Commonwealth; or\n\n(d) the Privacy Act 1988 of the Commonwealth applied as a law of Victoria by another Act.\n\nS. 41ZG inserted by No. 11/2018 s. 8.\n\n\t41ZG Application of Privacy and Data Protection Act 2014 to certain information sharing entities and restricted information sharing entities\n\n(1) This section applies to an information sharing entity or a restricted information sharing entity that is not—\n\n(a) an organisation within the meaning of the **Privacy and Data Protection Act 2014**; or\n\n(b) subject to the Privacy Act 1988 of the Commonwealth, or that Act as applied as a law of Victoria by any other law.\n\n(2) The **Privacy and Data Protection  \nAct 2014** applies to the handling of personal information or unique identifiers by the information sharing entity or restricted information sharing entity under this Part as if the entity were an organisation within the meaning of that Act.\n\nS. 41ZH inserted by No. 11/2018 s. 8.\n\n\t41ZH Information sharing entities and restricted information sharing entities authorised to disclose confidential information despite specified provisions\n\nAn information sharing entity or a restricted information sharing entity is authorised to collect, use or disclose confidential information in accordance with this Part and the regulations despite anything to the contrary in a provision of an Act—\n\n(a) specified in Schedule 7; or\n\n(b) prescribed for the purposes of this section.\n\nS. 41ZI inserted by No. 11/2018 s. 8.\n\n\t41ZI Disclosure of confidential information is not breach of Family Violence Protection Act 2008\n\nSections 166(2) and 207(3) of the **Family Violence Protection Act 2008** do not prevent a disclosure of confidential information that is made by an information sharing entity or a restricted information sharing entity for the purposes of this Part.\n\nS. 41ZJ inserted by No. 11/2018 s. 8.\n\n\t41ZJ Disclosure of confidential information is not breach of Judicial Proceedings Reports Act 1958\n\nSections 3 and 4 of the **Judicial Proceedings Reports Act 1958** do not prevent a disclosure of confidential information that is made by an information sharing entity or a restricted information sharing entity for the purposes of this Part.\n\nDivision 5—Offences\n\nS. 41ZK inserted by No. 11/2018 s. 8.\n\n\t41ZK Unauthorised use and disclosure of confidential information collected under this Part\n\n(1) A person must not use or disclose confidential information disclosed to the person under this Part except in accordance with this Part.\n\n(2) It is a defence to a charge under subsection (1) if the person used or disclosed the confidential information in good faith and with reasonable care.\n\nSee also section 41ZB.\n\n(3) Subsection (1) does not apply to the following uses and disclosures of confidential information—\n\n(b) if the person to whom the information relates is incapable of giving consent to the use or disclosure, a use or disclosure made with the consent of the person's authorised representative;\n\n(e) a use or disclosure made to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or of a Territory or of the Commonwealth;\n\n(4) Subsection (1) does not apply to the use or disclosure of confidential information by a person who is given the confidential information under section 41Y.\n\n(5) A person does not commit an offence against subsection (1) only for the reason that the person uses or discloses confidential information in a way that does not comply with guidelines issued under section 41ZA(1).\n\nDespite non-compliance not being an offence—\n\n(a) this does not preclude non-compliance being taken into account in dealing with a complaint made under the **Privacy and Data Protection Act 2014**, the **Health Records Act 2001** or the Privacy Act 1988 of the Commonwealth; and\n\n(b) non-compliance may lead to a person or body ceasing to be prescribed as an information sharing entity or a restricted information sharing entity.\n\nS. 41ZL inserted by No. 11/2018 s. 8.\n\n\t41ZL Intentional or reckless unauthorised use and disclosure of confidential information\n\n(1) A person must not use or disclose confidential information disclosed to the person under this Part in a manner that is unauthorised under this Part and that the person—\n\n(a) knows is unauthorised under this Part; or\n\n(b) is reckless as to whether the use or disclosure of the information is unauthorised under this Part.\n\nPenalty: In the case of a person other than a body corporate, 600 penalty units or imprisonment for 5 years or both;\n\nIn the case of a body corporate, 3000 penalty units.\n\n(2) Subsection (1) does not apply to the following uses and disclosures of confidential information—\n\n(b) if the person to whom the information relates is incapable of giving consent to the use or disclosure, a use or disclosure made with the consent of the person's authorised representative;\n\n(e) a use or disclosure made to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or of a Territory or of the Commonwealth;\n\n(3) Subsection (1) does not apply to the use or disclosure of confidential information  \nby a person who is given the confidential information under section 41Y.\n\n(4) A person does not commit an offence against subsection (1) only for the reason that the person uses or discloses confidential information in a way that does not comply with guidelines issued under section 41ZA(1).\n\nDespite non-compliance not being an offence—\n\n(a) this does not preclude non-compliance being taken into account in dealing with a complaint made under the **Privacy and Data Protection Act 2014**, the **Health Records Act 2001** or the Privacy Act 1988 of the Commonwealth; and\n\n(b) non-compliance may lead to a person or body ceasing to be prescribed as an information sharing entity or a restricted information sharing entity.\n\nS. 41ZM inserted by No. 11/2018 s. 8.\n\n\t41ZM False claim that person is or represents an information sharing entity or a restricted information sharing entity\n\n(1) A person who is not an information sharing entity or a restricted information sharing entity must not, in any way, claim or hold themselves out to be an information sharing entity or a restricted information sharing entity.\n\n(2) A person who is not authorised by an information sharing entity or a restricted information sharing entity to collect confidential information under this Part on behalf of the information sharing entity or restricted information sharing entity must not, in any way, claim or hold themselves out to be authorised to collect such information on the information sharing entity or restricted information sharing entity's behalf.\n\n(3) It is a defence to a charge under subsection (1) if the person reasonably believes that the person is an information sharing entity or a restricted information sharing entity.\n\n(4) It is a defence to a charge under subsection (2) if the person reasonably believes that the person is authorised by the information sharing entity or restricted information sharing entity to collect the confidential information on the information sharing entity or restricted information sharing entity's behalf.\n\nDivision 6—Review\n\nS. 41ZN inserted by No. 11/2018 s. 8.\n\n\t41ZN Review of operation of Part within 2 years\n\n(1) The Minister must cause an independent review of the operation of this Part to be conducted within 2 years of the commencement of this Part.\n\n(2) The Minister must cause a copy of the review to be laid before each House of the Parliament within 6 months after the end of the period of the review.\n\nS. 41ZO inserted by No. 11/2018 s. 8.\n\n\t41ZO Review of operation of Part within 5 years\n\n(1) The Minister must cause an independent review of the operation of this Part to be conducted within 5 years of the commencement of this Part.\n\n(2) The Minister must cause a copy of the review to be laid before each House of the Parliament within 6 months after the end of the period of the review.\n\n","sortOrder":156},{"sectionNumber":"Part 7","sectionType":"part","heading":"Birth notification","content":"Part 7—Birth notification\n\n","sortOrder":157},{"sectionNumber":"42","sectionType":"section","heading":"Application of Part","content":"\t42 Application of Part\n\n(1) This Part applies in the case of every birth in Victoria, whether the child is born alive or dead, except for the delivery of a non-viable foetus.\n\n(2) This Part applies in addition to the requirements of the **Births, Deaths and Marriages Registration Act 1996**.\n\n","sortOrder":158},{"sectionNumber":"43","sectionType":"section","heading":"Early notification of births","content":"\t43 Early notification of births\n\n(1) If a child is born in Victoria notice of the birth of the child (the ***birth notice***) must be given by the responsible person to—\n\n(a) the Chief Executive Officer of the council of the municipal district in which the mother of the child usually resides; or\n\n(b) if the municipal district is not known to the person giving notice, the Chief Executive Officer of the council of the municipal district in which the birth occurs; or\n\nS. 43(1)(c) amended by Nos 79/2012 s. 78, 63/2015 s. 12.\n\n(c) if the mother of the child usually resides outside Victoria, the Secretary to the Department of Education and Training.\n\n(2) The notice must be in the prescribed form.\n\n(3) In this section, ***responsible person*** has the same meaning as it has in section 12 of the **Births, Deaths and Marriages Registration Act 1996**.\n\n","sortOrder":159},{"sectionNumber":"44","sectionType":"section","heading":"How must the birth notice be given?","content":"\t44 How must the birth notice be given?\n\n(1) The birth notice must be given—\n\n(a) personally; or\n\n(b) by post; or\n\n(c) by facsimile transmission; or\n\n(d) by electronic communication.\n\n(2) The birth notice must be given within—\n\n(a) 48 hours after the birth to which the notice relates; or\n\n(b) if a longer period is prescribed in respect of a particular municipal district, that longer period.\n\n","sortOrder":160},{"sectionNumber":"45","sectionType":"section","heading":"What must be done once notice is received?","content":"\t45 What must be done once notice is received?\n\nOn receipt of the birth notice the Chief Executive Officer of a council must, as soon as practicable, send a copy of the notice—\n\nS. 45(a) amended by Nos 13/2010 s. 51(Sch. item 11.3), 11/2018 s. 9(a).\n\n(a) if in the municipal district of the council there is a Maternal and Child Health Centre under the control of and subsidised by the council, to the nurse or midwife whose duty it is to visit or communicate with the house to which the notice relates; and\n\nS. 45(b) amended by Nos 79/2012 s. 79, 63/2015 s. 13, 11/2018 s. 9(b).\n\n(b) in any case, to the Secretary to the Department of Education and Training.\n\n","sortOrder":161},{"sectionNumber":"46","sectionType":"section","heading":"Offence to fail to give notice","content":"\t46 Offence to fail to give notice\n\n(1) Any person who fails to give notice of a birth in accordance with this Part is guilty of an offence and is liable to a penalty of not more than 1 penalty unit.\n\n(2) It is a defence to a prosecution for an offence under subsection (1) if the person—\n\n(a) satisfies the court that he or she had reasonable grounds to believe that notice had been duly given by another person; or\n\n(b) had other reasonable grounds for not giving the notice.\n\nPt 7A (Headings and ss 46A–46Z) inserted by No. 11/2018 s. 10.\n\n","sortOrder":162},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Child Link Register","content":"Part 7A—Child Link Register\n\nDivision 1—Definitions\n\nS. 46A inserted by No. 11/2018 s. 10.\n\n","sortOrder":163},{"sectionNumber":"46A","sectionType":"section","heading":"Definitions","content":"\t46A Definitions\n\nIn this Part—\n\nS. 46A def. of *approved children's service* inserted by No. 37/2019 s. 20(1)(a).\n\n***approved children's service*** has the same meaning as in the **Children's Services Act 1996**;\n\n***approved education and care service*** means an approved education and care service within the meaning of section 5(1) of the Education and Care Services National Law (Victoria) that provides funded kindergarten;\n\nS. 46A def. of *approved provider* substituted by No. 37/2019 s. 20(1)(b).\n\n***approved provider***—\n\n(a) in relation to an approved education and care service, has the same meaning as in section 5(1) of the Education and Care Services National Law (Victoria); and\n\n(b) in relation to an approved children's service, has the same meaning as in the **Children's Services Act 1996**;\n\n***Child Link identifier*** means an identifier allocated to a child by the Secretary under section 46C;\n\n***Child Link user*** means a person who is authorised to access the Register, specified in section 46K;\n\n***child protection order*** means—\n\n(a) an order made under Part 4.8 of the **Children, Youth and Families Act 2005**; or\n\n(b) a protection order within the meaning of the **Children, Youth and Families Act 2005**; or\n\n(c) a permanent care order within the meaning of the **Children, Youth and Families Act 2005**;\n\n***de-identified***, in relation to confidential information, means confidential information that no longer relates to an identifiable individual or an individual who can be reasonably identified;\n\n***funded kindergarten*** means a service provided in accordance with the guidelines in relation to kindergarten funding published on the website of the Department of Education and Training;\n\n***Government school*** has the same meaning as in section 1.1.3(1) of the **Education and Training Reform Act 2006**;\n\n***licensed children's service*** means a children's service (within the meaning of the **Children's Services Act 1996**) that is licensed under Part 3 of that Act that provides funded kindergarten;\n\n***licensee***, in relation to a licensed children's service, has the same meaning as in the **Children's Services Act 1996**;\n\n***Maternal and Child Health service*** means a service under the control of a council that provides health advice to parents and other caregivers of children under 6 years of age;\n\n***non-Government school*** has the same meaning as in section 1.1.3(1) of the **Education and Training Reform Act 2006**;\n\n***principal*** has the same meaning as in section 1.1.3(1) of the **Education and Training Reform Act 2006**;\n\n***Register*** means the Child Link Register established under section 46B;\n\n***registered early childhood teacher*** has the same meaning as in section 1.1.3(1) of the **Education and Training Reform Act 2006**;\n\n***registered school*** has the same meaning as in section 1.1.3(1) of the **Education and Training Reform Act 2006**;\n\n***registered teacher*** has the same meaning as in section 1.1.3(1) of the **Education and Training Reform Act 2006**;\n\nS. 46A def. of *relevant service* amended by No. 37/2019 s. 20(1)(c).\n\n***relevant service*** means—\n\n(a) a Maternal and Child Health service; or\n\n(b) a supported playgroup; or\n\n(c) an approved education and care service; or\n\n(d) a student support service provided by the Department of Education and Training; or\n\n(e) an approved children's service; or\n\n(f) a registered school that is a Government school; or\n\n(g) a registered school that is a non‑Government school; or\n\n(h) a school nurse program; or\n\n(i) any other prescribed service;\n\n***school nurse*** means a nurse employed under Part 3 of the **Public Administration Act 2004** by the Secretary, or otherwise engaged by the Secretary, for the purposes of providing a school nurse program in a registered school;\n\n***Secretary*** means the Secretary to the Department of Education and Training;  \n\n***sibling*** of a child includes a half-brother, half‑sister, adoptive brother, adoptive sister, step‑brother or step-sister of the child;\n\n***State Register*** means the State Register established under Part 4.6 of the **Education and Training Reform Act 2006**;\n\n***Student Register*** means the Student Register established under Part 5.3A of the **Education and Training Reform Act 2006**;\n\n***supported playgroup*** means a playgroup providing support for families experiencing disadvantage that is funded by the Department of Education and Training;\n\n***Victorian Registration and Qualifications Authority*** means the Victorian Registration and Qualifications Authority established under Chapter 4 of the **Education and Training Reform Act 2006**;\n\n***Victorian student number*** has the same meaning as in section 1.1.3(1) of the **Education, Training and Reform Act 2006**.\n\nDivision 2—The Child Link Register\n\nS. 46B inserted by No. 11/2018 s. 10.\n\n","sortOrder":164},{"sectionNumber":"46B","sectionType":"section","heading":"The Child Link Register","content":"\t46B The Child Link Register\n\n(1) The Secretary must establish and maintain the Child Link Register in relation to each child—\n\n(a) who is born in Victoria; or\n\n(b) who accesses, enrols in, registers with or otherwise engages with a relevant service, as applicable; or\n\n(c) who is registered for home schooling under section 4.3.9 of the **Education and Training Reform Act 2006**; or\n\n(d) in respect of whom a child protection order is made.\n\n(2) The Secretary may maintain an entry in the Register in relation to a person who is 18 years of age—\n\n(a) who is currently enrolled in a registered school or registered for home schooling; and\n\n(b) who enrolled or registered (as the case may be) prior to attaining 18 years of age.\n\n(3) The Secretary is to keep the Register in a form to be determined by the Secretary.\n\nS. 46C inserted by No. 11/2018 s. 10.\n\n","sortOrder":165},{"sectionNumber":"46C","sectionType":"section","heading":"Secretary must create Child Link entry and allocate Child Link identifier","content":"\t46C Secretary must create Child Link entry and allocate Child Link identifier\n\n(1) The Secretary must create an entry in the Register for a child referred to in section 46B(1) and allocate a Child Link identifier to the child—\n\n(a) on receipt of a copy of a birth notice for the child under section 45(b); or\n\nA birth notice must be given for every birth in Victoria, whether the child is born alive or dead, except for the delivery of a non-viable foetus—see section 42(1).\n\n(b) if the Secretary has not received a copy of a birth notice for the child, on receiving notice of the earliest of the following—\n\n(i) the child's first contact with a relevant service;\n\n(ii) the allocation to the child of a Victorian student number by the Secretary under Part 5.3A of the **Education and Training Reform Act 2006**;\n\n(iii) the registration of the child for home schooling by the Victorian Registration and Qualifications Authority;\n\n(iv) the making of a child protection order in respect of the child.\n\nS. 46C(2) def. of *first contact* amended by No. 37/2019 s. 20(2).\n\n***first contact*** means—\n\n(a) in relation to a Maternal and Child Health service—the first notification received by the relevant service in relation to the child; or\n\n(b) in relation to a supported playgroup—the first notification received by the relevant service in relation to the child; or\n\n(c) in relation to an approved education and care service or an approved children's service—the enrolment of the child in a funded kindergarten provided by the service; or\n\n(d) in relation to a Government school—the enrolment of the child at the school; or\n\n(e) in relation to a non-Government school—the enrolment of the child at the school; or\n\n(f) in relation to a student support service provided by the Department of Education and Training—the first access or engagement by the child of or with the relevant service; or\n\n(g) in relation to a school nurse program—the first notification received by the relevant service in relation to the child; or\n\n(h) in relation to a service prescribed as a relevant service—on the first occurrence of a prescribed event in relation to that service.\n\nS. 46D inserted by No. 11/2018 s. 10.\n\n","sortOrder":166},{"sectionNumber":"46D","sectionType":"section","heading":"Particulars to be included in the Register","content":"\t46D Particulars to be included in the Register\n\n(1) The Secretary may include the following particulars in the Register in relation to a child to whom a Child Link identifier is allocated—\n\n(a) the Child Link identifier;\n\n(b) the child's full name and any other names by which the child is or has been known;\n\n(c) the child's date of birth;\n\n(d) the child's place of birth;\n\n(e) the child's sex or, if it has not been disclosed, a record to that effect;\n\n(f) the full names of each person who at any time has or has had parental responsibility for, or day-to-day care of, the child, and any other names by which each of those persons is or has been known;\n\n(g) the relationship to the child of each person with parental responsibility for, or day-to-day care of, the child;\n\n(h) in relation to each sibling of the child—\n\n(i) the full name and any other names by which the sibling is or has been known; and\n\n(ii) the sibling's Child Link identifier;\n\n(i) whether the child is Aboriginal, Torres Strait Islander, or both;\n\n(j) if a child protection order has been made in respect of the child or any of the child's siblings (whether currently in force or otherwise)—\n\n(i) the date on which the order was made;  and\n\n(ii) whether the order is currently in force; and\n\n(iii) whether the order has or had the effect of placing the child in out of home care within the meaning of the **Children, Youth and Families Act 2005**; and\n\n(iv) whether the order confers or conferred parental responsibility on a person other than the child's parent to the exclusion of all others;\n\n(k) whether the child is a participant in the National Disability Insurance Scheme, established by the National Disability Insurance Scheme Act 2013 of the Commonwealth;\n\n(l) if the child dies before the age of 18 years, the date and cause of death;\n\n(m) the specified information in relation to each of the following services that the child has accessed, enrolled in, registered for, been referred to or otherwise engaged with, as applicable—\n\n(i) Maternal and Child Health services;\n\n(ii) supported playgroups;\n\n(iii) funded kindergartens;\n\n(iv) registered schools or home schooling;\n\n(v) school nurse programs;\n\n(vi) student support services provided by the Department of Education and Training;\n\n(vii) any other prescribed service or program.\n\n(2) The Secretary may, at any time, amend an entry relating to a child in the Register, or delete or create an entry about a child in the Register, to bring the Register into conformity with the most accurate information referred to in subsection (1) available to the Secretary under section 46G.\n\n***specified information*** means the following information in relation to a service—\n\n(a) the name of the service;\n\n(b) the contact details for the service;\n\n(c) the dates of the child's participation in the service, including—\n\n(i) the date on which the child accessed, enrolled in, was referred to or otherwise engaged with the service, as applicable; and\n\n(ii) the last date on which the child accessed, was enrolled in or otherwise engaged with the service;\n\n(d) a description of the child's participation in the service, including any programs provided by the service to the child;\n\n(e) the date of registration of the child for home schooling, if applicable;\n\n(f) the date of cancellation of registration of the child for home schooling;\n\n(g) any other prescribed information.\n\nS. 46E inserted by No. 11/2018 s. 10.\n\n","sortOrder":167},{"sectionNumber":"46E","sectionType":"section","heading":"Secretary may decide not to record information on the Register","content":"\t46E Secretary may decide not to record information on the Register\n\nDespite section 46D, the Register must not include any information about a child or a person with parental responsibility for, or day-to-day care of, the child if the Secretary determines that the information is not to be recorded on the Register for any reason.\n\nS. 46F inserted by No. 11/2018 s. 10.\n\n","sortOrder":168},{"sectionNumber":"46F","sectionType":"section","heading":"Entry in the Register for child who turns 18, leaves school or dies","content":"\t46F Entry in the Register for child who turns 18, leaves school or dies\n\n(1) Subject to subsections (2) and (3), an entry in the Register relating to a child must not be accessed or amended—\n\n(a) if the child has died; or\n\n(b) otherwise—\n\n(i) if the child has attained the age of 18 years; or\n\n(ii) if the child is no longer attending a registered school or the home schooling of the child has ceased; or\n\n(iii) if the home schooling registration of the child is cancelled by the Victorian Registration and Qualifications Authority under section 4.3.9(1)(b) of the **Education and Training Reform Act 2006**, as applicable—\n\nwhichever is latest.\n\n(2) The Secretary may continue to amend an entry relating to a child referred to in subsection (1) for a period of not more than 12 months after an event referred to in subsection (1)(a) or the latest event described in subsection (1)(b), as the case may be.\n\n(3) An entry relating to a child referred to in subsection (1) may be accessed after an event referred to in subsection (1)(a) or (b) for the purpose of providing de-identified information in accordance with section 46O.\n\nDivision 3—Secretary authorised to collect, use and disclose information for Register purposes\n\nS. 46G inserted by No. 11/2018 s. 10.\n\n","sortOrder":169},{"sectionNumber":"46G","sectionType":"section","heading":"Secretary authorised to collect, use and disclose information for purposes of establishing and maintaining the Register","content":"\t46G Secretary authorised to collect, use and disclose information for purposes of establishing and maintaining the Register\n\nFor the purposes of establishing and maintaining the Register, the Secretary may collect, use and disclose confidential information that may be included in the Register under section 46D and that is derived from the following—\n\n(a) information given to the Department of Education and Training by a relevant service for the purposes of—\n\n(i) providing Maternal and Child Health services; or\n\n(ii) providing supported playgroups or funded kindergartens; or\n\n(iii) providing services and education to students in registered schools;\n\n(b) information contained in the Student Register in relation to students enrolled in registered schools or students registered for home schooling;\n\n(c) information contained in the State Register in relation to students registered for home schooling;\n\n(d) information given to the Department of Education and Training by a school nurse for the purposes of providing a service as part of a school nurse program;\n\n(e) information given to the Department of Education and Training by an allied health professional for the purpose of providing student support services in Government schools;\n\n(f) information given to the Department of Education and Training by the Secretary to the Department of Health and Human Services for inclusion in the Register;\n\n(g) information disclosed to the Secretary under section 46I;\n\n(h) information given to the Department of Education and Training by a prescribed service for a prescribed purpose.\n\nS. 46H inserted by No. 11/2018 s. 10.\n\n","sortOrder":170},{"sectionNumber":"46H","sectionType":"section","heading":"Secretary authorised to collect and use information for purposes of data management","content":"\t46H Secretary authorised to collect and use information for purposes of data management\n\n(1) For the purposes of data management, the Secretary, or a person employed or engaged by the Secretary who is authorised in writing by the Secretary, may collect, use and disclose the following confidential information about a child or a person with parental responsibility for, or day-to-day care of, a child—\n\n(a) information given to the Department of Education and Training by a relevant service for the purposes of—\n\n(i) providing Maternal and Child Health services; or\n\n(ii) providing supported playgroups or funded kindergartens; or\n\n(iii) providing services and education in registered schools;\n\n(b) information contained in the Student Register in relation to students enrolled in registered schools or students registered for home schooling;\n\n(c) information contained in the State Register in relation to students registered for home schooling;\n\n(d) information given to the Department of Education and Training by a school nurse for the purposes of providing a service as part of a school nurse program;\n\n(e) information given to the Department of Education and Training by an allied health professional for the purpose of providing student support services in Government schools;\n\n(f) information given to the Department of Education and Training by the Secretary to the Department of Health and Human Services for inclusion in the Register;\n\n(g) information given to the Department of Education and Training under section 46I;\n\n(h) information given to the Department of Education and Training by a prescribed service for a prescribed purpose.\n\n***data management*** means the examination and analysis of information to the extent reasonably required for the purpose of verifying the accuracy of information collected about a child under section 46D, but does not include the recording of that information on the Register.\n\nS. 46I inserted by No. 11/2018 s. 10.\n\n","sortOrder":171},{"sectionNumber":"46I","sectionType":"section","heading":"Disclosure of information to the Secretary","content":"\t46I Disclosure of information to the Secretary\n\n(1) The following persons are authorised to collect confidential information and disclose it to the Secretary for a permitted purpose—\n\n(a) a Maternal and Child Health service nurse;\n\n(b) a supported playgroup facilitator;\n\n(c) a school nurse;\n\n(d) an allied health professional providing student support services to students in Government schools;\n\n(e) an approved provider of an approved education and care service;\n\nS. 46I(1)(f) substituted by No. 37/2019 s. 20(3).\n\n(f) an approved provider of an approved children's service;\n\n(g) a principal of a registered school that is a Government school;\n\n(h) a principal of a registered school that is a non-Government school;\n\n(i) the Secretary to the Department of Health and Human Services;\n\n(j) the Victorian Registration and Qualifications Authority;\n\n(k) any person prescribed to collect and disclose the information on behalf of a prescribed service or program.\n\n(2) In this section, the following purposes are permitted purposes—\n\n(a) to enable the Secretary to establish and maintain the Register;\n\n(b) to enable the Secretary to facilitate data management in relation to the Register.\n\nS. 46J inserted by No. 11/2018 s. 10.\n\n","sortOrder":172},{"sectionNumber":"46J","sectionType":"section","heading":"No consent required","content":"\t46J No consent required\n\n(1) The Secretary may collect, use or disclose  confidential information about a child under section 46G, 46H or 46I without the consent of the child or a person with parental responsibility for, or day-to-day care of, the child.\n\n(2) The Secretary may collect, use or disclose confidential information under section 46G, 46H or 46I about a person other than a child without the consent of that person.\n\nDivision 4—Access to Child Link Register and use and disclosure of information contained in the Register\n\nS. 46K inserted by No. 11/2018 s. 10.\n\n","sortOrder":173},{"sectionNumber":"46K","sectionType":"section","heading":"Who is a Child Link user?","content":"\t46K Who is a Child Link user?\n\n(1) For the purposes of this Part, each of the following is a Child Link user—\n\n(a) the Secretary;\n\n(b) the Secretary to the Department of Health and Human Services;\n\n(c) the Principal Commissioner appointed under section 11 of the **Commission for Children and Young People Act 2012**;\n\n(d) the Disability Services Commissioner within the meaning of the **Disability Act 2006**;\n\n(e) a person or class of persons employed by the Secretary under Part 3 of the **Public Administration Act 2004** or otherwise engaged by the Secretary, who is authorised in writing by the Secretary for one or more of the following purposes—\n\n(i) to identify children who are not participating in services for which they may be eligible;\n\n(ii) to perform functions relating to systems administration of the Register;\n\n(iii) for the purpose of data management in accordance with section 46H;\n\n(iv) for the purpose of de-identifying confidential information and to provide that de-identified information under section 46O;\n\n(f) a person or class of persons employed by the Secretary to the Department of Health and Human Services under Part 3 of the **Public Administration Act 2004** or otherwise engaged by that Secretary, who is authorised in writing by that Secretary;\n\n(g) a person employed or engaged by a council in relation to childhood services implementation or policy who is authorised in writing by the Chief Executive Officer of the council;\n\n(h) a nurse employed or engaged by a council to provide maternal and child health programs for a Maternal and Child Health service who is authorised in writing by the Chief Executive Officer of the council;\n\n(i) a nurse employed or engaged by an entity that provides maternal and child health programs on behalf of a council for a Maternal and Child Health service, who is authorised in writing by the person who has overall management and control of the Maternal and Child Health service;\n\n(j) a nurse employed or engaged by the Secretary to provide maternal and child health advice through a state-wide telephone service who is authorised in writing by the Secretary;\n\n(k) a person employed or engaged by the Victorian Aboriginal Health Service Co‑operative Limited in relation to childhood services implementation or policy who is authorised in writing by the Chief Executive Officer of the Service;\n\n(l) a registered medical practitioner, nurse or midwife employed or engaged by the Victorian Aboriginal Health Service Co‑operative Limited engaged in providing maternal and child health programs who is authorised in writing by the Chief Executive Officer of the Service;\n\n(m) a registered early childhood teacher providing education and care to children at an approved education and care service who is authorised in writing by the approved provider;\n\nS. 46K(1)(n) amended by No. 37/2019 s. 20(4)(a).\n\n(n) a registered early childhood teacher providing education and care to children at an approved children's service who is authorised in writing by the approved provider of the service;\n\n(o) a school nurse who is authorised in writing by the Secretary;\n\n(p) a school nurse manager who is authorised in writing by the Secretary;\n\n(q) a principal of a Government school who is authorised in writing by the Secretary;\n\n(r) any of the following persons authorised in writing by the principal of a Government school—\n\n(i) a registered teacher employed or engaged to provide instruction or other education services to students at the school;\n\n(ii) any other person employed or engaged to provide health or welfare services for students at the school;\n\n(s) the principal of a non-Government school who is authorised in writing by the person or body responsible for governance, conduct or management of that school;\n\n(t) any of the following persons or classes of persons authorised in writing by the principal of a non-Government school—\n\n(i) a registered teacher employed or engaged to provide instruction or other education services to students at the school;\n\n(ii) any other person employed or engaged to provide health or welfare services for students at the school;\n\n(u) a person or class of persons employed by the Commission for Children and Young People under section 21(1) of the **Commission for Children and Young People Act 2012** or otherwise engaged by the Commission, who is authorised in writing by the Principal Commissioner within the meaning of that Act;\n\n(v) a person employed to assist the Disability Services Commissioner under section 18(1) of the **Disability Act 2006** who is authorised in writing by the Commissioner;\n\n(w) a prescribed person who is authorised in writing in accordance with the regulations.\n\nS. 46K(2) amended by No. 37/2019 s. 20(4)(b).\n\n(2) For the purposes of subsection (1)(m) and (n), not more than 3 registered early childhood teachers may be authorised at one time in relation to the approved education and care service or approved children's service, as the case requires.\n\n(3) For the purposes of subsection (1)(r) and (t), not more than 7 persons may be authorised at one time in relation to the Government school or non‑Government school, as the case requires.\n\n(4) If a person who has been authorised under subsection (1) no longer requires access to the Register, the person authorised to give the authorisation must revoke that authorisation.\n\nS. 46L inserted by No. 11/2018 s. 10.\n\n","sortOrder":174},{"sectionNumber":"46L","sectionType":"section","heading":"Delegation","content":"\t46L Delegation\n\n(1) The Secretary may by instrument delegate any power, function or duty of the Secretary under this Part, other than this power of delegation, to a person employed or engaged by the Secretary.\n\n(2) The Chief Executive Officer of a council may by instrument delegate any power, function or duty of the Chief Executive Officer under this Part, other than this power of delegation, to a person employed in or engaged by the council.\n\n(3) An approved provider of an approved education and care service may by instrument delegate any power, function or duty of the approved provider under this Part, other than this power of delegation, to a person employed in or engaged by the education and care service.\n\nS. 46L(4) amended by No. 37/2019 s. 20(5).\n\n(4) An approved provider of an approved children's service may by instrument delegate any power, function or duty of the approved provider under this Part, other than this power of delegation, to a person employed in or engaged by the approved children's service.\n\n(5) The Disability Services Commissioner may by instrument delegate any power, function or duty of the Commissioner under this Part, other than this power of delegation, to a person employed or engaged by the Disability Services Commissioner.\n\n(6) The Principal Commissioner may by instrument delegate any power, function or duty of the Commissioner under this Part, other than this power of delegation, to a person employed or engaged by the Principal Commissioner.\n\nS. 46M inserted by No. 11/2018 s. 10.\n\n","sortOrder":175},{"sectionNumber":"46M","sectionType":"section","heading":"Child Link users may access and use confidential information in the Register","content":"\t46M Child Link users may access and use confidential information in the Register\n\nA Child Link user may access the Register and—\n\n(a) use confidential information contained in the Register for a purpose specified in Schedule 6 in relation to that Child Link user; and\n\n(b) disclose confidential information contained in the Register—\n\n(i) to persons employed or engaged by the organisation at which the Child Link user is employed or engaged for a purpose specified in Schedule 6 in relation to that Child Link user; and\n\n(ii) in accordance with Part 6A, if applicable.\n\nS. 46N inserted by No. 11/2018 s. 10.\n\n","sortOrder":176},{"sectionNumber":"46N","sectionType":"section","heading":"Secretary may remove Child Link user access to the Register","content":"\t46N Secretary may remove Child Link user access to the Register\n\n(1) The Secretary may remove access to an entry, or part of an entry, in the Register relating to a child if the Secretary is satisfied that allowing any Child Link user other than the Secretary access to the child's entry (or that part of the entry, as applicable) would—\n\n(a) pose an unacceptable risk of harm to a person; or\n\n(b) in all the circumstances be otherwise inappropriate.\n\n(2) The Secretary may remove a Child Link user's access to the Register or an entry, or part of an entry, in the Register relating to a child if the Secretary is satisfied that the Child Link user's continued access to the Register or the child's entry (or that part of the entry, as applicable) would—\n\n(a) pose an unacceptable risk of harm to a person; or\n\n(b) in all the circumstances be otherwise inappropriate.\n\n(3) The Secretary may remove access to an entry under subsection (1) or a Child Link user's access under subsection (2) on the Secretary's own initiative or on the written request of any person, in accordance with the guidelines (if any).\n\n(4) A person may disclose confidential information to the Secretary for the purposes of making a request under subsection (3).\n\n(5) The Secretary may remove access to an entry under subsection (1) or a Child Link user's access under subsection (2) for any period that the Secretary considers necessary under the circumstances.\n\n(6) A person authorised to grant an authorisation (the ***first person***) to another person under section 46K(1) must notify the Secretary if the first person reasonably believes that the other person has ceased—\n\n(a) to be a registered teacher; or\n\nS. 46N(6)(b) amended by No. 34/2020 s. 176.\n\n(b) to hold a current WWC clearance under the **Worker Screening Act 2020**.\n\nS. 46O inserted by No. 11/2018 s. 10.\n\n","sortOrder":177},{"sectionNumber":"46O","sectionType":"section","heading":"Use and disclosure of de-identified information derived from the Register","content":"\t46O Use and disclosure of de-identified information derived from the Register\n\n(1) An authorised person may provide de‑identified information derived from the Register to an employee of, or person engaged by, the Secretary or the Secretary to the Department of Health and Human Services for the purposes of developing, planning and reviewing policies, programs and services.\n\n(2) For the purposes of providing de-identified information under subsection (1), an authorised person may access confidential information that is identifying information contained in the Register.\n\n***authorised person*** means a person—\n\n(a) employed or engaged by the Secretary who is authorised in writing by the Secretary for the purposes of this section; or\n\n(b) employed or engaged by the Secretary to the Department of Health and Human Services who is authorised in writing by the Secretary for the purposes of this section.\n\nS. 46P inserted by No. 11/2018 s. 10.\n\n","sortOrder":178},{"sectionNumber":"46P","sectionType":"section","heading":"Restrictions on access to confidential information","content":"\t46P Restrictions on access to confidential information\n\n(1) The Secretary may refuse to give an individual access to that individual's confidential information under a relevant privacy law if the Secretary believes on reasonable grounds that giving the individual access to the information would increase a risk to the safety of a child or group of children.\n\n***relevant privacy law*** means—\n\n(a) Health Privacy Principle 6; or\n\n(b) Information Privacy Principle 6; or\n\n(c) the Privacy Act 1988 of the Commonwealth; or\n\n(d) the Privacy Act 1988 of the Commonwealth applied as a law of Victoria by another Act.\n\nS. 46Q inserted by No. 11/2018 s. 10.\n\n","sortOrder":179},{"sectionNumber":"46Q","sectionType":"section","heading":"Person authorised to disclose confidential information despite specified provisions","content":"\t46Q Person authorised to disclose confidential information despite specified provisions\n\nA person is authorised to collect, use or disclose confidential information in accordance with this Part and the regulations despite anything to the contrary in a provision of an Act prescribed for the purposes of this section.\n\nS. 46R inserted by No. 11/2018 s. 10.\n\n","sortOrder":180},{"sectionNumber":"46R","sectionType":"section","heading":"Application of Privacy and Data Protection Act 2014 to certain Child Link users","content":"\t46R Application of Privacy and Data Protection Act 2014 to certain Child Link users\n\n(1) This section applies to a Child Link user that is not—\n\n(a) an organisation within the meaning of the **Privacy and Data Protection Act 2014**; or\n\n(b) subject to the Privacy Act 1988 of the Commonwealth, or that Act as applied as a law of Victoria by any other law.\n\n(2) The **Privacy and Data Protection  \nAct 2014** applies to the handling of personal information or unique identifiers by the Child Link user under this Part as if the Child Link user were an organisation within the meaning of that Act.\n\nDivision 5—Guidelines\n\nS. 46S inserted by No. 11/2018 s. 10.\n\n","sortOrder":181},{"sectionNumber":"46S","sectionType":"section","heading":"Guidelines","content":"\t46S Guidelines\n\n(1) The Secretary may issue guidelines addressing the following matters—\n\n(a) the recording of information in the Register;\n\n(b) amending, deleting or creating entries in the Register under section 46D;\n\n(c) the manner in which information is to be collected for the purposes of the Register under section 46G or 46H;\n\n(d) the authorisation of Child Link users under Division 4, including circumstances and manner of authorisation;\n\n(e) the removal of access to an entry or part of an entry in the Register and removal of a Child Link user's access to the Register;\n\n(f) the provision of de-identified information under section 46O;\n\n(g) systems security and integrity measures.\n\n(2) The Secretary must publish any guidelines issued under subsection (1) on an appropriate Internet site as soon as possible after the guidelines are issued.\n\n(3) The Secretary may review guidelines issued under subsection (1) at any time and may issue amended guidelines as the Secretary considers necessary.\n\n(4) Guidelines issued under subsection (1) are not legislative instruments within the meaning of the **Subordinate Legislation Act 1994**.\n\nDivision 6—Offences\n\nS. 46T inserted by No. 11/2018 s. 10.\n\n","sortOrder":182},{"sectionNumber":"46T","sectionType":"section","heading":"Unauthorised access to the Register","content":"\t46T Unauthorised access to the Register\n\n(1) A person must not access the Register unless the person is—\n\n(2) It is a defence to a charge under subsection (1) if the person accessed the Register in good faith and with reasonable care.\n\nS. 46U inserted by No. 11/2018 s. 10.\n\n","sortOrder":183},{"sectionNumber":"46U","sectionType":"section","heading":"Access to the Register for unauthorised purpose","content":"\t46U Access to the Register for unauthorised purpose\n\n(1) An authorised person must not access the Register other than in accordance with this Part.\n\n(2) It is a defence to a charge under subsection (1) if the person accessed the Register in good faith and with reasonable care.\n\nS. 46V inserted by No. 11/2018 s. 10.\n\n","sortOrder":184},{"sectionNumber":"46V","sectionType":"section","heading":"Unauthorised use and disclosure of confidential information contained in the Register","content":"\t46V Unauthorised use and disclosure of confidential information contained in the Register\n\n(1) An authorised person must not use or disclose confidential information contained in the Register other than in accordance with this Part.\n\n(2) It is a defence to a charge under subsection (1) if the person used or disclosed the confidential information in good faith and with reasonable care.\n\n(3) Subsection (1) does not apply to the following uses and disclosures of confidential information—\n\n(b) if the information relates to a person who is incapable of giving consent to the use or disclosure, a use or disclosure made with the consent of the person's authorised representative;\n\n(e) a use or disclosure made to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or of a Territory or of the Commonwealth;\n\n(4) In this section—\n\nS. 46W inserted by No. 11/2018 s. 10.\n\n","sortOrder":185},{"sectionNumber":"46W","sectionType":"section","heading":"Intentional or reckless unauthorised use and disclosure of confidential information contained in the Register","content":"\t46W Intentional or reckless unauthorised use and disclosure of confidential information contained in the Register\n\n(1) An authorised person must not use or disclose confidential information contained in the Register in a manner that is unauthorised under this Part and that the person—\n\n(a) knows is unauthorised under this Part; or\n\n(b) is reckless as to whether the use or disclosure of the information is authorised under this Part.\n\nPenalty: In the case of a natural person, 600 penalty units or imprisonment for 5 years or both;\n\nIn the case of a body corporate, 3000 penalty units.\n\n(2) Subsection (1) does not apply to the following uses and disclosures of confidential information—\n\n(b) if the information relates to a person who is incapable of giving consent to the use or disclosure, a use or disclosure made with the consent of the person's authorised representative;\n\n(e) a use or disclosure made to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or of a Territory or of the Commonwealth;\n\nDivision 7—Review of operation of Part\n\nS. 46X inserted by No. 11/2018 s. 10.\n\n","sortOrder":186},{"sectionNumber":"46X","sectionType":"section","heading":"Review of operation of Part within 2 years","content":"\t46X Review of operation of Part within 2 years\n\n(1) The Minister must cause an independent review of the operation of this Part to be conducted within 2 years of the commencement of this Part.\n\n(2) The Minister must cause a copy of the review to be laid before each House of the Parliament within 6 months after the end of the period of the review.\n\n","sortOrder":187},{"sectionNumber":"Div 8","sectionType":"division","heading":"Transitional provisions","content":"Division 8—Transitional provisions\n\nS. 46Y inserted by No. 11/2018 s. 10.\n\n","sortOrder":188},{"sectionNumber":"46Y","sectionType":"section","heading":"Secretary may create entries in the Register","content":"\t46Y Secretary may create entries in the Register\n\n(1) The Secretary may create an entry in the Register for, and allocate a Child Link identifier to, each child who is under 18 years of age on the commencement date and who—\n\n(a) was born in Victoria; or\n\n(b) accessed, enrolled in, registered with or otherwise engaged with a relevant service, as applicable, before the commencement date; or\n\n(c) was registered for home schooling before the commencement date under section 4.3.9 of the **Education and Training Reform Act 2006**; or\n\n(d) was the subject of a child protection order before the commencement date.\n\n(2) The Secretary may collect and use information provided by the entities set out in section 46I for the purposes of creating the entries in the Register referred to in subsection (1) and verifying the accuracy of those entries.\n\n***commencement date*** means the day on which this Part comes into operation.\n\nS. 46Z inserted by No. 11/2018 s. 10.\n\n","sortOrder":189},{"sectionNumber":"46Z","sectionType":"section","heading":"Appointed days for application of section 46M and Schedule 6 to Child Link users","content":"\t46Z Appointed days for application of section 46M and Schedule 6 to Child Link users\n\n(1) Subject to subsection (3), section 46M and Schedule 6 do not apply to a specified class of Child Link users until a day appointed by the Governor in Council under this section in relation to that class.\n\n(2) The Governor in Council, on the recommendation of the Minister, may by Order published in the Government Gazette appoint a day (being a day not later than 31 December 2021) for the application of section 46M and Schedule 6 to a class of Child Link users specified in that Order.\n\n(3) If the Governor in Council has not appointed a day under subsection (2) before 31 December 2021 in relation to a class of Child Link users, section 46M and Schedule 6 are taken to apply to that class of Child Link user on and after that day.\n\nPt 7B (Heading and ss 46ZAA-46ZAC) inserted by No. 36/2020 s. 16.\n\n","sortOrder":190},{"sectionNumber":"Part 7B","sectionType":"part","heading":"Qualifications required for maternal and child health nurses","content":"Part 7B—Qualifications required for maternal and child health nurses\n\nS. 46ZAA inserted by No. 36/2020 s. 16, substituted by No. 43/2022 s. 100.\n\n\t46ZAA Maternal and Child Health Centres\n\nThe operator of a Maternal and Child Health Centre must not employ or engage a nurse to provide a prescribed maternal and child health nursing service, unless the nurse has—\n\n(a) a prescribed specialist maternal and child health nursing qualification, or a qualification that is determined in accordance with the regulations as being substantially equivalent to that qualification; and\n\n(b) any prescribed prerequisite.\n\nS. 46ZAB inserted by No. 36/2020 s. 16, substituted by No. 43/2022 s. 100.\n\n\t46ZAB State-wide telephone services\n\nA person who operates a state-wide telephone advice service that provides maternal and child health advice must not employ or engage a nurse to provide a prescribed maternal and child health nursing service, unless the nurse has—\n\n(a) a prescribed specialist maternal and child health nursing qualification, or a qualification that is determined in accordance with the regulations as being substantially equivalent to that qualification; and\n\n(b) any prescribed prerequisite.\n\nS. 46ZAC inserted by No. 36/2020 s. 16.\n\n\t46ZAC Part not to affect employment contracts or workplace instruments\n\nNothing in this Part is intended to constitute a term of or to alter or vary, or authorise or require the alteration or variation of—\n\n(a) any employment contract; or\n\n(b) any workplace instrument within the meaning of the Fair Work Act 2009 of the Commonwealth.\n\nPart 8—General\n\nPt 8 Div. 1 (Heading and ss 46ZA, 46ZB) inserted by No. 11/2018 s. 11.\n\nDivision 1—Offences by bodies corporate\n\nS. 46ZA inserted by No. 11/2018 s. 11.\n\n\t46ZA Imputing conduct to bodies corporate\n\nFor the purposes of this Act and the regulations, any conduct engaged in by or on behalf of a body corporate by an employee, agent or officer (within the meaning given by section 9 of the Corporations Act) of the body corporate acting within the actual or apparent scope of employment or apparent authority of the employee, agent or officer, is conduct also engaged in by the body corporate.\n\nS. 46ZB inserted by No. 11/2018 s. 11.\n\n\t46ZB Criminal liability of officers of bodies corporate—accessorial liability\n\n(1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer—\n\n(a) authorised or permitted the commission of the offence by the body corporate; or\n\n(b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate.\n\n(2) For the purposes of subsection (1), the following provisions are specified—\n\n(a) section 41ZK(1);\n\n(b) section 41ZL(1);\n\n(c) section 41ZM(1);\n\n(d) section 46T;\n\n(e) section 46U(1);\n\n(f) section 46V(1);\n\n(g) section 46W(1).\n\n(3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.\n\n(4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.\n\n(5) In this section—\n\n***body corporate*** has the same meaning as corporation has in section 57A of the Corporations Act;\n\n***officer***, in relation to a body corporate, means—\n\n(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or\n\n(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.\n\n(6) This section does not affect the operation of section 323 or 324 of the **Crimes Act 1958**.\n\nPt 8 Div. 2 (Heading) inserted by No. 11/2018 s. 11.\n\nDivision 2—Regulations\n\nS. 46ZC inserted by No. 11/2018 s. 11.\n\n\t46ZC Information sharing and Child Link regulation making power\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to Parts 6A and 7A.\n\n(2) Without limiting subsection (1), the Governor in Council may make regulations for or with respect to—\n\n(a) prescribing a person to be an information sharing entity; and\n\n(b) prescribing a body to be an information sharing entity; and\n\n(c) prescribing a person or body to belong to a category of restricted information sharing entity; and\n\n(d) prohibiting or regulating the type of information that may be used, disclosed or handled by an information sharing entity or a category of restricted information sharing entity; and\n\n(e) prohibiting or regulating the type of information that may be requested or collected by an information sharing entity or a category of restricted information sharing entity; and\n\n(f) prescribing information to be excluded information; and\n\n(g) prescribing the purposes for which an information sharing entity or a category of restricted information sharing entity may use or disclose confidential information; and\n\n(h) subject to subsection (6), prescribing specified persons employed or engaged by an information sharing entity or a restricted information sharing entity to perform specified functions or exercise specified powers on behalf of an information sharing entity or a restricted information sharing entity, including by specifying any of the following, to perform specified functions under Part 6A—\n\n(i) the business unit, branch or area (however described) of an information sharing entity or a restricted information sharing entity;\n\n(ii) the business unit, branch or area (however described) of an information sharing entity or a restricted information sharing entity operating at a specified geographical location;\n\n(iii) the person's qualifications or experience;\n\n(iv) the person's position description, classification or functions; and\n\nS. 46ZC(2)(i) amended by No. 6/2024 s. 10.\n\n(i) enabling an information sharing entity that is a public sector body Head or a restricted information sharing entity that is a public sector body Head—\n\n(i) to delegate its powers, duties and functions under Part 6A or the regulations; and\n\n(ii) to sub-delegate any powers, duties and functions under Part 6A or the regulations that have been delegated to the information sharing entity; and\n\nS. 46ZC(2)(j) amended by No. 6/2024 s. 10.\n\n(j) prescribing the persons and bodies to which powers, duties and functions may be delegated or sub-delegated by an information sharing entity that is a public sector body Head or a restricted information sharing entity that is a public sector body Head; and\n\n(k) prohibiting or regulating the disclosure of confidential information between information sharing entities; and\n\n(l) prohibiting or regulating the disclosure of confidential information between categories of restricted information sharing entity; and\n\n(m) prescribing the information to be recorded by an information sharing entity or a category of restricted information sharing entity for the purposes of section 41ZC; and\n\n(n) prescribing provisions of Acts for the purposes of section 41ZH; and\n\n(o) prescribing the process by which a person may be authorised to be a Child Link user for the purposes of section 46K(1)(w) and prescribing a person to provide a written authorisation in accordance with that process.\n\n(c) may confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons or bodies; and\n\n(d) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person.\n\n(4) Regulations made for the purposes of subsection (2)(a) or (c) may prescribe a person or class of person who is engaged in a role that requires the handling of confidential information, including but not limited to any of the following persons—\n\n(a) a nurse;\n\n(b) a midwife;\n\n(c) a police officer;\n\n(d) a registered medical practitioner;\n\n(e) a disability service provider within the meaning of the **Disability Act 2006**;\n\n(f) a psychologist within the meaning of the Health Practitioner Regulation National Law;\n\n(g) a teacher;\n\n(h) a principal of a registered school.\n\n(5) Regulations made for the purposes of subsection (2)(b) or (c) may prescribe a body or class of body that has a function that requires the handling of confidential information, including but not limited to any of the following bodies—\n\n(a) a community service organisation funded by the State government to provide services to individuals;\n\n(b) a public sector body within the meaning of the **Public Administration Act 2004**;\n\n(c) a health service provider within the meaning of section 3(1) of the **Health Records Act 2001**;\n\n(d) the office of the Disability Services Commissioner within the meaning of the **Disability Act 2006**;\n\n(e) an education and care service or a children's service;\n\n(f) a provider of education services to children;\n\n(g) a school (whether a Government school or a non-Government school).\n\n(6) Regulations made for the purposes of subsection (2)(a), (b), (c) or (h) may prescribe a person or body specified in section 41T if the prescription of that person or body is in respect of a function other than a judicial or quasi-judicial function involving the handling of confidential information performed by that person or body.\n\n(7) Regulations made under this section may enable an information sharing entity or a restricted information sharing entity to disclose confidential information to a person or body that is not subject to the law of the State.\n\n(8) Nothing in Part 6A or regulations made under this section is taken to impose a requirement on a person or body who is not subject to the law of the State.\n\nS. 46ZD inserted by No. 36/2020 s. 17.\n\n\t46ZD Maternal and child health nurse regulation making power\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to Part 7B.\n\n(2) Without limiting subsection (1), the Governor in Council may make regulations for or with respect to—\n\n(a) prescribing a service to be a maternal and child health nursing service; and\n\n(b) prescribing a qualification to be a specialist maternal and child health nursing qualification; and\n\nS. 46ZD(2)(c) amended by No. 43/2022 s. 101(1)(a).\n\n(c) providing for processes or requirements to determine whether a qualification is substantially equivalent to a prescribed specialist maternal and child health nursing qualification; and\n\nS. 46ZD(2)(d) inserted by No. 43/2022 s. 101(1)(b).\n\n(d) prescribing a prerequisite for a nurse who is employed or engaged to provide maternal and child health nursing services.\n\n(c) may confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons or bodies; and\n\n(d) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person.\n\nS. 46ZD(4) inserted by No. 43/2022 s. 101(2).\n\n(4) The regulations may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person, whether—\n\n(a) wholly or partially or as amended by the regulations; or\n\n(b) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or\n\n(c) as formulated, issued, prescribed or published from time to time.\n\nS. 46ZE inserted by No. 23/2021 s. 77 (as amended by No. 43/2022 s. 14).\n\n\t46ZE Child Safe Standards regulation making power\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to Part 6.\n\n(2) Without limiting subsection (1), the Governor in Council may make regulations for or with respect to the following—\n\n(a) prescribing a person or body to be a sector regulator in relation to a relevant entity or a class of relevant entities for the purposes of section 25B;\n\n(b) prescribing a person or body to be an integrated sector regulator in relation to a relevant entity or a class of relevant entities;\n\nS. 46ZE(2)(c) amended by No. 58/2025 s. 51.\n\n(c) prescribing functions of the Social Services Regulator for the purposes of Part 6;\n\n(d) prescribing a person or body to whom a relevant person may disclose protected information;\n\nS. 46ZE(2)(e) amended by No. 58/2025 s. 51.\n\n(e) prescribing matters on which the Social Services Regulator may report;\n\n(f) any savings or transitional provisions required as a consequence of the amendments made by the **Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021**.\n\n(c) may confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons or bodies; and\n\n(d) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person.\n\nS. 47 (Heading) substituted by No. 11/2018 s. 12.\n\nS. 47 substituted by No. 63/2015 s. 7.\n\n","sortOrder":191},{"sectionNumber":"47","sectionType":"section","heading":"General regulation making power","content":"\t47 General regulation making power\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations may—\n\nS. 47(2)(a) amended by Nos 4/2017 s. 7(a), 13/2022 s. 4(a).\n\n(a) be of general or limited application; and\n\nS. 47(2)(b) amended by Nos 4/2017 s. 7(b), 13/2022 s. 4(b).\n\n(b) differ according to differences in time, place or circumstances; and\n\nS. 47(2)(c) inserted by No. 4/2017 s. 7(c), amended by No. 13/2022 s. 4(c).\n\n(c) confer a discretionary authority or impose a duty on a specified person or body or class of persons or bodies; and\n\nS. 47(2)(d) inserted by No. 4/2017 s. 7(d), amended by No. 13/2022 s. 4(d).\n\n(d) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person; and\n\nS. 47(2)(e) inserted by No. 4/2017 s. 7(e).\n\n(e) provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations whether unconditionally or on specified conditions and either wholly or to any extent that is specified.\n\nS. 48 repealed by No. 79/2012 s. 80.\n\nPt 9 (Heading and new s. 48) inserted by No. 4/2017 s. 8.\n\n","sortOrder":192},{"sectionNumber":"Part 9","sectionType":"part","heading":"Transitional provisions","content":"Part 9—Transitional provisions\n\nPt 9 Div. 1 (Heading) inserted by No. 23/2021 s. 78.\n\nDivision 1—Children Legislation Amendment (Reportable Conduct) Act 2017\n\nNew s. 48 inserted by No. 4/2017 s. 8.\n\n","sortOrder":193},{"sectionNumber":"48","sectionType":"section","heading":"Children Legislation Amendment (Reportable Conduct) Act 2017","content":"\t48 Children Legislation Amendment (Reportable Conduct) Act 2017\n\nThis Act as amended by Part 2 of the **Children Legislation Amendment (Reportable Conduct) Act 2017** applies to a reportable allegation made on or after the commencement of Part 2 of that Act, irrespective of when the conduct that is the subject of the reportable allegation occurred.\n\nPt 9 Div. 2 (Heading) inserted by No. 23/2021 s. 79.\n\nDivision 2—Children Legislation Amendment (Information Sharing) Act 2018\n\nS. 49 inserted by No. 11/2018 s. 13.\n\n","sortOrder":194},{"sectionNumber":"49","sectionType":"section","heading":"Children Legislation Amendment (Information Sharing) Act 2018","content":"\t49 Children Legislation Amendment (Information Sharing) Act 2018\n\n(1) Nothing in section 46B or 46C requires the Secretary to take any action under or for the purposes of those sections before 31 December 2021.\n\n(2) Subsection (1) does not prevent the Secretary from taking any action under or for the purposes of section 46B or 46C before 31 December 2021.\n\nPt 9 Div. 3 (Heading and ss 50–52) inserted by No. 23/2021 s. 80.\n\nDivision 3—Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021\n\nS. 50 inserted by No. 23/2021 s. 80.\n\n","sortOrder":195},{"sectionNumber":"50","sectionType":"section","heading":"Definitions","content":"\t50 Definitions\n\n***amending Act*** means the **Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021**;\n\n***commencement day*** means the day on which Part 3 of the amending Act comes into operation;\n\n***relevant authority*** has the same meaning as in section 3(1) immediately before the commencement of Part 2 of the amending Act.\n\nS. 51 inserted by No. 23/2021 s. 80.\n\n","sortOrder":196},{"sectionNumber":"51","sectionType":"section","heading":"Pending investigations","content":"\t51 Pending investigations\n\n(a) before the commencement day the Commission or a relevant authority, for the purposes of determining whether a relevant entity was complying with the Child Safe Standards—\n\n(i) made a request under section 26, 27 or 28; or\n\n(ii) inspected premises under section 29; or\n\n(iii) issued a notice to comply or a notice to produce; and\n\n(b) immediately before the commencement day the Commission or relevant authority had not finally determined whether the relevant entity was complying with the Child Safe Standards.\n\n(2) The Commission or relevant authority may complete and enforce the determination in accordance with this Act as in force immediately before the commencement day.\n\n(3) Without limiting subsection (2), the Commission or relevant authority, for the purposes of completing or enforcing the determination, may do any or all of the following—\n\n(a) request information or documents, inspect premises or issue a notice to produce or notice to comply under Division 3 of Part 6 as in force before the commencement day;\n\n(b) provide information under section 32 as in force before the commencement day;\n\n(c) apply to a court under section 33 as in force before the commencement day.\n\nS. 52 inserted by No. 23/2021 s. 80.\n\n","sortOrder":197},{"sectionNumber":"52","sectionType":"section","heading":"Investigation of conduct before commencement day","content":"\t52 Investigation of conduct before commencement day\n\n(a) after the commencement day the Commission, a sector regulator or an integrated sector regulator proposes to determine whether a relevant entity has not complied with the Child Safe Standards; and\n\n(b) the conduct alleged to constitute the failure to comply with the Child Safe Standards allegedly occurred before the commencement day; and\n\n(c) immediately before the commencement day the Commission, sector regulator or integrated sector regulator had not done any of the following for the purposes of determining whether the alleged conduct constitutes a failure to comply with the Child Safe Standards—\n\n(i) made a request under section 26, 27 or 28; or\n\n(ii) inspected premises under section 29; or\n\n(iii) issued a notice to comply or a notice to produce.\n\n(2) Subject to subsection (3), the Commission, sector regulator or integrated sector regulator may exercise any power under Part 6 (as in force at the time the power is exercised) for the purposes of determining whether the alleged conduct constitutes a failure to comply with the Child Safe Standards.\n\n(3) The Commission or sector regulator may not do any of the following in relation to the alleged failure to comply (whether or not the relevant entity is finally determined to have failed to comply with the Child Safe Standards)—\n\n(a) issue an official warning to the relevant entity under section 36A;\n\n(b) apply for an interim injunction under section 34B;\n\n(c) accept an enforceable undertaking from the relevant entity under section 36C.\n\nPt 9 Div. 4 (Heading and ss 53, 54) inserted by No. 17/2023 s. 32.\n\nDivision 4—Transitional provisions—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self‑determination and Other Matters) Act 2023\n\nS. 53 inserted by No. 17/2023 s. 32.\n\n\t53 Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023\n\nThis Act as amended by sections 19 and 20 of the **Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023** applies to—\n\n(a) a reportable allegation made in relation to a person referred to in paragraph (ba), (bb), (bc) or (bd) of the definition of ***employee*** on and after the commencement of sections 19 and 20 of that Act, irrespective of when the conduct that is the subject of the reportable allegation occurred; and\n\n(b) a reportable allegation made in relation to a person referred to in paragraph (e) of the definition of ***employee*** on and after the day that the class of person to which that person belongs is prescribed for the purposes of paragraph (e) of that definition, irrespective of when the conduct that is the subject of the reportable allegation occurred.\n\nS. 54 inserted by No. 17/2023 s. 32.\n\n\t54 Transitional regulations—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023\n\n(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the **Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023** (the ***amending Act***).\n\n(2) Regulations made under subsection (1) may—\n\n(a) have a retrospective effect to a day not earlier than the day on which the amending Act receives the Royal Assent; and\n\n(b) be of limited or general application; and\n\n(c) differ according to time, place and circumstances; and\n\n(d) confer a discretionary authority on a specified person or body.\n\n(3) Regulations referred to in subsection (1) have effect despite anything to the contrary in any Act (other than the amending Act or the **Charter of Human Rights and Responsibilities Act 2006**) or in any subordinate instrument.\n\n(4) This section is **repealed** on the second anniversary of the day on which it commences.\n\nPt 9 Div. 5 (Heading and ss 55–77) inserted by No. 58/2025 s. 56.\n\nDivision 5—Transitional provisions—Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025\n\nS. 55 inserted by No. 58/2025 s. 56.\n\n","sortOrder":198},{"sectionNumber":"55","sectionType":"section","heading":"Definitions","content":"\t55 Definitions\n\n***amending Act*** means the **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025**;\n\n***commencement day*** means the day on which Part 3.1 of the amending Act comes into operation;\n\n***Principal Commissioner***  has the same meaning as in section 3 of the **Commission for Children and Young People Act 2012**;\n\n***relevant date***, in relation to a document referred to in section 66(1), means the date fixed by the Minister under section 65 for the purposes of that document.\n\nS. 56 inserted by No. 58/2025 s. 56.\n\n","sortOrder":199},{"sectionNumber":"56","sectionType":"section","heading":"Guidance notes","content":"\t56 Guidance notes\n\nIf any guidance notes referred to in section 25(1)(b) are in effect immediately before the commencement day, on and from the commencement day those guidance notes are taken to be guidance notes published by the Social Services Regulator.\n\nS. 57 inserted by No. 58/2025 s. 56.\n\n","sortOrder":200},{"sectionNumber":"57","sectionType":"section","heading":"Authorised officers","content":"\t57 Authorised officers\n\n(1) On and from the commencement day, a person who is appointed as an authorised officer under section 27 by the Commission immediately before the commencement day is taken to be an authorised officer appointed under section 103 of the **Social Services Regulation Act 2021** by the Social Services Regulator.\n\n(2)  Nothing in this section prevents a person from resigning as an authorised officer, or the person's appointment being varied, suspended or revoked, at any time after the commencement day in accordance with the **Social Services Regulation Act 2021**.\n\nS. 58 inserted by No. 58/2025 s. 56.\n\n","sortOrder":201},{"sectionNumber":"58","sectionType":"section","heading":"Identity cards","content":"\t58 Identity cards\n\nIf an identity card issued to an authorised officer under section 28 by the Commission is current immediately before the commencement day, on and from the commencement day the identity card is taken to be issued under section 105 of the **Social Services Regulation Act 2021** by the Social Services Regulator.\n\nS. 59 inserted by No. 58/2025 s. 56.\n\n","sortOrder":202},{"sectionNumber":"59","sectionType":"section","heading":"Pending matters","content":"\t59 Pending matters\n\n(a) before the commencement day—\n\n(i) the Commission has brought proceedings under Part 6 or the regulations; or\n\n(ii) the Commission issued a notice to produce under section 30 or a notice to comply under section 31 for the purposes of determining whether a relevant entity was complying with the Child Safe Standards; or\n\n(iii) a person made a complaint under section 29R to the Commission; or\n\n(iv) the Commission issued or served an infringement notice under section 36B; and\n\n(b) immediately before the commencement day, the proceedings, complaint or matter (including any appeal) has not been completed or finally determined.\n\n(2) The proceedings or matter may be completed or finally determined under Part 6 as in force immediately before the commencement day as if—\n\n(a) a reference to the Commission were a reference to the Social Services Regulator; and\n\n(b) in the case of a complaint referred to in subsection (1)(a)(iii), a reference to the sector regulator were a reference to the Social Services Regulator.\n\nS. 60 inserted by No. 58/2025 s. 56.\n\n","sortOrder":203},{"sectionNumber":"60","sectionType":"section","heading":"Seized documents and things","content":"\t60 Seized documents and things\n\n(a) before the commencement day, an authorised officer has seized any document or thing under section 29N; and\n\n(b) immediately before the commencement day, the authorised officer has not returned, or taken reasonable steps to return, the seized document or thing to the owner.\n\n(2) On and from the commencement day—\n\n(a) section 29N as in force immediately before the commencement day applies to the seized document or thing as if a reference to an authorised officer were a reference to an authorised officer within the meaning of the **Social Services Regulation Act 2021**; and\n\n(b) the seized document or thing may be forfeited, destroyed or otherwise disposed of in accordance with section 131 of the **Social Services Regulation Act 2021**.\n\nS. 61 inserted by No. 58/2025 s. 56.\n\n","sortOrder":204},{"sectionNumber":"61","sectionType":"section","heading":"Official warnings","content":"\t61 Official warnings\n\n(1) This section applies if an official warning issued by the Commission under section 36A is in effect immediately before the commencement day.\n\n(2) On and from the commencement day, Division 3 of Part 6 as in force immediately before that day applies to the official warning as if a reference to a sector regulator were a reference to the Social Services Regulator.\n\nS. 62 inserted by No. 58/2025 s. 56.\n\n","sortOrder":205},{"sectionNumber":"62","sectionType":"section","heading":"Enforceable undertakings","content":"\t62 Enforceable undertakings\n\n(1) This section applies if an enforceable undertaking accepted by the Commission under section 36C is in effect immediately before the commencement day.\n\n(2) On and from the commencement day, Division 3 of Part 6 as in force immediately before that day applies to the enforceable undertaking as if a reference to a sector regulator were a reference to the Social Services Regulator.\n\nS. 63 inserted by No. 58/2025 s. 56.\n\n","sortOrder":206},{"sectionNumber":"63","sectionType":"section","heading":"Transfer of information to Social Services Regulator","content":"\t63 Transfer of information to Social Services Regulator\n\n(1) As soon as practicable after the commencement day, the Commission must disclose to the Social Services Regulator any information held by the Commission immediately before the commencement day that relates to the Child Safe Standards including, but not limited to, information provided to the Commission by other sector regulators and by integrated sector regulators.\n\n(2) As soon as practicable after the commencement day, the Commission must disclose to the Social Services Regulator any information held by the Commission immediately before the commencement day that relates to the oversight of the reportable conduct scheme.\n\n(3) Section 55 of the **Commission for Children and Young People Act 2012** does not apply to a relevant person (within the meaning of section 54 of that Act) who discloses information for the purposes of this section.\n\nS. 64 inserted by No. 58/2025 s. 56.\n\n","sortOrder":207},{"sectionNumber":"64","sectionType":"section","heading":"Continued protection of information","content":"\t64 Continued protection of information\n\n(1) Despite the commencement of section 41(1) of the amending Act, section 41HA continues to apply on and after the commencement day to a former relevant person.\n\n(2) Section 41HA does not apply to a former relevant person who discloses information for the purposes of section 63.\n\n***former relevant person*** means the following—\n\n(a) the Commission;\n\n(b) the Principal Commissioner within the meaning of the **Commission for Children and Young People Act 2012**;\n\n(c) the Commissioner within the meaning of the **Commission for Children and Young People Act 2012**;\n\n(d) a delegate of the Commission;\n\n(e) an authorised person within the meaning of the **Commission for Children and Young People Act 2012**;\n\n(f) a member of the staff of the Commission.\n\nS. 65 inserted by No. 58/2025 s. 56.\n\n","sortOrder":208},{"sectionNumber":"65","sectionType":"section","heading":"Relevant date","content":"\t65 Relevant date\n\nThe Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of a document under section 66(1).\n\nS. 66 inserted by No. 58/2025 s. 56.\n\n","sortOrder":209},{"sectionNumber":"66","sectionType":"section","heading":"List of staff","content":"\t66 List of staff\n\n(1) Before the relevant date, the Principal Commissioner must prepare and submit to the Minister a document signed by the Principal Commissioner, listing the executive officers and employees of the Commission who perform functions to assist the Commission in relation to the Child Safe Standards and reportable conduct scheme and are employed under the **Public Administration Act 2004** before the relevant date.\n\n(2) The document may be amended by instrument signed by the Principal Commissioner and given to the Minister and the amendment is to be regarded as having effect, or having had effect, from the relevant date.\n\n(3) Nothing in this section prevents a person listed in the document as an executive officer or employee of the Commission from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of their employment.\n\nS. 67 inserted by No. 58/2025 s. 56.\n\n","sortOrder":210},{"sectionNumber":"67","sectionType":"section","heading":"Transfer of staff to Regulator","content":"\t67 Transfer of staff to Regulator\n\n(1) A person listed as an executive officer or employee of the Commission under section 66 (a ***transferred employee***) who was an executive officer or employee immediately before the relevant date is taken—\n\n(a) to be employed under Part 3 of the **Public Administration Act 2004** with effect from the relevant date; and\n\n(b) to be employed in the person's new position by the Social Services Regulator with effect from the relevant date; and\n\n(c) to be employed on terms and conditions no less favourable overall than those that applied to the person as an executive officer or employee of the Commission immediately before that date; and\n\n(d) to have accrued an entitlement to benefits in connection with employment under Part 3 of the **Public Administration Act 2004** that is equivalent to the entitlement that the person had accrued, as an executive officer or employee of the Commission, immediately before the relevant date.\n\n(2) The service of a transferred employee under Part 3 of the **Public Administration Act 2004** is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the relevant date, as an executive officer or employee of the Commission.\n\n(3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the Commission because of the operation of this Division.\n\n(4) The superannuation entitlements of any person who is a transferred employee are taken not to be affected by that person becoming a transferred employee.\n\n(5) Nothing in this section prevents—\n\n(a) any of the terms and conditions of employment of a transferred employee from being altered by or under law, award or agreement with effect any time on or after the relevant date; or\n\n(b) a transferred employee from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of their employment under Part 3 of the **Public Administration Act 2004**.\n\nS. 68 inserted by No. 58/2025 s. 56.\n\n","sortOrder":211},{"sectionNumber":"68","sectionType":"section","heading":"Exemptions","content":"\t68 Exemptions\n\nAn exemption given by the Commission under section 16I or 16IA that is in effect immediately before the commencement day is, on and from that day, taken to be an exemption given by the Social Services Regulator.\n\nS. 69 inserted by No. 58/2025 s. 56.\n\n","sortOrder":212},{"sectionNumber":"69","sectionType":"section","heading":"Investigation of reportable allegations","content":"\t69 Investigation of reportable allegations\n\nAn investigation by the Commission concerning a reportable allegation under section 16O(1), (2) or (3) that is not completed immediately before the commencement day is, on and from that day, taken to be an investigation by the Social Services Regulator and may be continued and concluded by the Social Services Regulator in accordance with Part 5A.\n\nS. 70 inserted by No. 58/2025 s. 56.\n\n","sortOrder":213},{"sectionNumber":"70","sectionType":"section","heading":"Notice to produce","content":"\t70 Notice to produce\n\n(1) A notice issued by the Commission under section 16ZG that requires the production of a specified document or category of documents that is pending immediately before the commencement day is, on and from that day, taken to be a notice issued by the Social Services Regulator requiring production of the specified document or category of documents to the Social Services Regulator.\n\n(2) A notice issued by the Commission under section 16ZZI that requires the production of a specified document or category of documents or information that is pending immediately before the commencement day is, on and from that day, taken to be a notice issued by the Social Services Regulator requiring production of the specified document or category of documents or information to the Social Services Regulator.\n\nS. 71 inserted by No. 58/2025 s. 56.\n\n","sortOrder":214},{"sectionNumber":"71","sectionType":"section","heading":"Reportable conduct notice to comply","content":"\t71 Reportable conduct notice to comply\n\nA reportable conduct notice to comply given to a head of an entity under section 16ZZJ that is pending immediately before the commencement day is, on and from that day, taken to be a reportable conduct notice to comply issued by the Social Services Regulator.\n\nS. 72 inserted by No. 58/2025 s. 56.\n\n","sortOrder":215},{"sectionNumber":"72","sectionType":"section","heading":"Application for declaration and order that entity pay a civil penalty","content":"\t72 Application for declaration and order that entity pay a civil penalty\n\n(1) If, immediately before the commencement day, an application by the Commission to the Magistrates' Court for a declaration and order under section 16ZH is pending, then, on and from the commencement day, the Social Services Regulator is substituted as the applicant and has the same rights in the proceeding as the Commission.\n\n(2) If, immediately before the commencement day, an application by the Commission to the Magistrates' Court for a declaration and order under section 16ZZL(1) or (2) is pending, then, on and from the commencement day, the Social Services Regulator is substituted as the applicant and has the same rights in the proceeding as the Commission.\n\nS. 73 inserted by No. 58/2025 s. 56.\n\n","sortOrder":216},{"sectionNumber":"73","sectionType":"section","heading":"Reportable conduct authorised officers and their identity cards","content":"\t73 Reportable conduct authorised officers and their identity cards\n\n(1) A person who is appointed by the Commission to be a reportable conduct authorised officer under section 16ZO immediately before the commencement day is, on and from that day, taken to be a reportable conduct authorised officer appointed by the Social Services Regulator.\n\n(2) An identity card issued to a reportable conduct authorised officer specified in subsection (1) before the commencement day is, on and from that day, taken to be issued by the Social Services Regulator until the earlier of the following—\n\n(a) the identity card is updated or replaced by the Social Services Regulator;\n\n(b) the authorised officer's appointment expires or is revoked.\n\nS. 74 inserted by No. 58/2025 s. 56.\n\n","sortOrder":217},{"sectionNumber":"74","sectionType":"section","heading":"Power to bring a proceeding","content":"\t74 Power to bring a proceeding\n\nA proceeding commenced by the Commission under section 16ZZO that is pending immediately before the commencement day is, on and from that day, taken to be commenced by the Social Services Regulator.\n\nS. 75 inserted by No. 58/2025 s. 56.\n\n","sortOrder":218},{"sectionNumber":"75","sectionType":"section","heading":"Complaints","content":"\t75 Complaints\n\nA complaint made to the Commission under section 16ZZR that is pending immediately before the commencement day is, on and from that day, taken to be a complaint made to the Social Services Regulator.\n\nS. 76 inserted by No. 58/2025 s. 56.\n\n","sortOrder":219},{"sectionNumber":"76","sectionType":"section","heading":"Things commenced by the Commission before the commencement day under Parts 5A and 5B","content":"\t76 Things commenced by the Commission before the commencement day under Parts 5A and 5B\n\n(1) This section applies if, immediately before the commencement day—\n\n(a) the Commission has commenced to do something required or permitted to be done under Parts 5A and 5B; and\n\n(b) the Commission has not completed that thing before that day.\n\n(2) On and from the commencement day, the Social Services Regulator may continue to do and complete that thing in accordance with Parts 5A and 5B.\n\n(3) For the purposes of this section, anything done by the Commission before the commencement day in respect of that thing is, on and from that day, taken to have been done by the Social Services Regulator.\n\nS. 77 inserted by No. 58/2025 s. 56.\n\n","sortOrder":220},{"sectionNumber":"77","sectionType":"section","heading":"Regulations dealing with transitional matters","content":"\t77 Regulations dealing with transitional matters\n\n(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of Chapter 3 of the **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025**, including any repeals, modifications and amendments made by or as a result of the enactment of Chapter 3 of that Act.\n\n(2) Regulations made under this section may—\n\n(a) have a retrospective effect to a day on or after a date that is not earlier than the day on which the **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025** receives the Royal Assent;\n\n(b) be of limited or general application;\n\n(c) differ according to time, place or circumstances;\n\n(d) leave any matter or thing to be decided by a specified person or class of person.\n\n(3) Regulations made under this section have effect despite anything to the contrary—\n\n(a) in this Act or any other Act (other than the **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025** or the **Charter of Human Rights and Responsibilities Act 2006**); or\n\n(b) in any subordinate instrument.\n\n(4) Regulations made under this section may continue in effect for a period of not more than 2 years.\n\n(5) This section is **repealed** on the second anniversary of the day it comes into operation.\n\nSch. 1 inserted by No. 63/2015 s. 8, amended by Nos 4/2018 s. 14, 37/2019 s. 20(6), substituted by No. 23/2021 s. 17 (as amended by Nos 32/2022 s. 63, 43/2022 s. 13), amended by Nos 27/2022 s. 77, 39/2022 s. 787.\n\n","sortOrder":221},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Entities subject to Child Safe Standards","content":"Schedule 1—Entities subject to Child Safe Standards\n\n1 An applicable entity that operates a registered school within the meaning of the **Education and Training Reform Act 2006**.\n\n2 An applicable entity that operates a school other than—\n\n(a) a registered school within the meaning of the **Education and Training Reform Act 2006**; or\n\n(b) a place at which home schooling takes place in accordance with a registration under section 4.3.9 of that Act.\n\n3 An applicable entity that provides school boarding services within the meaning of the **Education and Training Reform Act 2006**.\n\n4 An applicable entity registered under Division 3 of Part 4.3 of the **Education and Training Reform Act 2006** in respect of an accredited senior secondary course, a registered senior secondary qualification, an accredited foundation secondary course or a registered foundation secondary qualification.\n\n5 An applicable entity that is approved, under section 4.5.1 of the **Education and Training Reform Act 2006**, to provide a specified course to students from overseas.\n\n6 An applicable entity that is approved, under section 4.5A.1 of the **Education and Training Reform Act 2006**, as suitable to operate a student exchange program.\n\n7 A post-secondary education institution within the meaning of the **Education and Training Reform Act 2006**.\n\n8 A post-secondary education provider within the meaning of the **Education and Training Reform Act 2006**.\n\n9 An approved provider of an approved education and care service within the meaning of the Education and Care Services National Law (Victoria) located in Victoria.\n\n10 An approved provider of an approved children's service within the meaning of the **Children's Services Act 1996**.\n\n11 An applicable entity that provides coaching or tuition services specifically for children.\n\n12 An applicable entity that provides counselling or other support services specifically for children.\n\n13 A youth organisation—\n\n(a) in which children participate; or\n\n(b) that provides activities in which children participate.\n\n**Examples**\n\n1 The Girl Guides Association of Victoria incorporated by section 3 of the **Girl Guides Association Act 1952**.\n\n2 The Boy Scouts Association, Victorian Branch incorporated by section 3 of the **Scout Association Act 1932**.\n\n14 An applicable entity that provides cultural, sporting or recreational services specifically for children.\n\n15 An applicable entity that provides gym or play facilities specifically for children.\n\n16 An applicable entity that runs talent or beauty competitions in which children participate.\n\n17 An applicable entity that provides overnight camps for children.\n\n18 An applicable entity that provides photography services specifically for children.\n\n19 An applicable entity that provides professional babysitting services.\n\n20 An applicable entity that provides, on a publicly funded or commercial basis, a transport service specifically for children.\n\n21 An applicable entity that provides entertainment and party services specifically for children.\n\n22 An applicable entity that receives funding under a State contract to provide early therapeutic intervention specifically for children with a disability, additional needs or developmental delay.\n\n23 An applicable entity that operates a Maternal and Child Health Centre.\n\n24 A hospital listed in Schedule 1 to the **Health Services Act 1988** as a public hospital.\n\n25 A public health service within the meaning of the **Health Services Act 1988**.\n\n26 A hospital listed in Schedule 2 to the **Health Services Act 1988** as a denominational hospital.\n\n27 An applicable entity that operates a private hospital within the meaning of the **Health Services Act 1988**.\n\n28 An applicable entity that operates a day procedure centre within the meaning of the **Health Services Act 1988**.\n\n29 A multi purpose service within the meaning of the **Health Services Act 1988**.\n\n30 A registered community health centre within the meaning of the **Health Services Act 1988**.\n\n31 A mental health and wellbeing service provider within the meaning of the **Mental Health and Wellbeing Act 2022**.\n\n32 A disability service provider within the meaning of the **Disability Act 2006**.\n\n33 An applicable entity, other than a disability service provider within the meaning of the **Disability Act 2006**, that provides disability services.\n\n34 An applicable entity that receives funding under a State contract to provide drug or alcohol treatment services.\n\n35 An applicable entity that receives funding under a State contract to provide services in relation to family violence or sexual assault.\n\n36 An applicable entity that receives funding under a State contract to provide support services for parents and families.\n\n37 An applicable entity that receives funding under a State contract to provide housing services or other assistance to homeless persons.\n\n38 An applicable entity that receives funding under a State contract to provide youth services.\n\n39 An applicable entity that receives funding under a State contract to provide child protection services.\n\n40 An out of home care service within the meaning of the **Children, Youth and Families Act 2005**.\n\n41 An applicable entity that employs a child and that is required to hold a licence issued under the **Child Employment Act 2003** for that employment.\n\n42 A religious body within the meaning of section 81 of the **Equal Opportunity Act 2010**.\n\n43 A charity.\n\n44 A non-profit body within the meaning of the **Electronic Transactions (Victoria) Act 2000**.\n\n45 A Department within the meaning of the **Public Administration Act 2004**.\n\n46 An applicable entity that is constituted by or under any Act and that has functions of a public nature.\n\n47 A council.\n\nSch. 2 inserted by No. 63/2015 s. 8, amended by Nos 4/2018 s. 15, 33/2020 s. 19, repealed by No. 23/2021 s. 18.\n\nSch. 3 inserted by No. 4/2017 s. 9, amended by Nos 32/2022 s. 60, 39/2022 s. 788.\n\n","sortOrder":222},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Entities to which the reportable conduct scheme applies on and after commencement of Part 5A","content":"Schedule 3—Entities to which the reportable conduct scheme applies on and after commencement of Part 5A\n\n1 An applicable entity that operates a registered school within the meaning of the **Education and Training Reform Act 2006**.\n\n2 An applicable entity registered under Division 3 of Part 4.3 of the **Education and Training Reform Act 2006** in respect of an accredited senior secondary course, a registered senior secondary qualification, an accredited foundation secondary course or a registered foundation secondary qualification.\n\n3 An applicable entity that is approved, under section 4.5.1 of the **Education and Training Reform Act 2006**, to provide a specified course to students from overseas.\n\n4 An applicable entity that is approved, under section 4.5A.1 of the **Education and Training Reform Act 2006**, as suitable to operate a student exchange program.\n\n5 A disability service provider within the meaning of the **Disability Act 2006** that provides residential services for children with a disability within the meaning of that Act.\n\n6 A mental health and wellbeing service provider within the meaning of the **Mental Health and Wellbeing Act 2022** that provides in-patient beds.\n\n7 An applicable entity that receives funding under a State contract to provide drug or alcohol treatment services that provides in-patient beds.\n\n8 An applicable entity that receives funding under a State contract to provide housing services or other assistance to homeless persons that provides overnight beds for persons under the age of 18 years.\n\n9 An applicable entity that receives funding under a State contract to provide child protection services.\n\n10 An out of home care service within the meaning of the **Children, Youth and Families Act 2005**.\n\n11 A Department within the meaning of the **Public Administration Act 2004**.\n\nSch. 4 inserted by No. 4/2017 s. 9, amended by No. 33/2020 s. 20.\n\nSchedule 4—Entities to which the reportable conduct scheme applies 6 months after commencement of Part 5A\n\n1 An entity referred to in Schedule 3.\n\n2 A religious body within the meaning of section 81 of the **Equal Opportunity Act 2010**.\n\n3 An applicable entity that is a provider of school boarding services within the meaning of the **Education and Training Reform Act 2006**.\n\n4 An applicable entity that provides overnight camps for children as part of its primary activity and that is not a youth organisation—\n\n(a) in which children participate; or\n\n(b) that provides activities in which children participate.\n\n5 A hospital listed in Schedule 1 to the **Health Services Act 1988** as a public hospital.\n\n6 A hospital listed in Schedule 2 to the **Health Services Act 1988** as a denominational hospital.\n\n7 An applicable entity that operates a private hospital within the meaning of the **Health Services Act 1988**.\n\n8 A disability service provider within the meaning of the **Disability Act 2006** not referred to in Schedule 3.\n\n9 An applicable entity, other than a disability service provider within the meaning of the **Disability Act 2006**, that provides disability services.\n\nSch. 5 inserted by No. 4/2017 s. 9,  \namended by No. 13/2022 s. 3.\n\nSchedule 5—Entities to which the reportable conduct scheme applies 18 months after commencement of Part 5A\n\n1 An entity referred to in Schedule 3.\n\n2 An entity referred to in Schedule 4.\n\n3 An approved provider of an approved education and care service within the meaning of the Education and Care Services National Law (Victoria).\n\n4 An approved provider of an approved children's service within the meaning of the **Children's Services Act 1996**.\n\n5 A prescribed applicable entity that is constituted by or under any Act and that has functions of a public nature.\n\nSch. 6 inserted by No. 11/2018 s. 14, amended by No. 37/2019 s. 20(7).\n\n","sortOrder":223},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Child Link users and purposes of access, use and disclosure","content":"Schedule 6—Child Link users and purposes of access, use and disclosure\n\n| *Item* | *Column 1*   <br>*Child Link user* | *Column 2*<br>*Purpose of access, use and disclosure* |\n| --- | --- | --- |\n| 1 | The Secretary | To identify children who are not participating in services for which they may be eligible and to assist in the provision of education, care and services to those children. |\n| 2 | The Secretary to the Department of Health and Human Services | To identify children who are not participating in services for which they may be eligible.<br>For the purpose of the performance of the Secretary to the Department of Health and Human Services' functions, and the exercise of the Secretary's powers, under the **Children, Youth and Families Act 2005**. |\n| 3 | The Principal Commissioner within the meaning of the **Commission for Children and Young People Act 2012** | To perform the Principal Commissioner's statutory functions. |\n| 4 | The Disability Services Commissioner within the meaning of the **Disability Act 2006** | To perform the Disability Services Commissioner's statutory functions. |\n| 5 | A person employed by the Secretary under Part 3   of the **Public Administration Act 2004** or otherwise engaged by the Secretary who is authorised in writing by the Secretary | To identify children who are not participating in services for which they may be eligible and to assist in the provision of education, care and services to those children. |\n| 6 | A person employed by the Secretary under Part 3   of the **Public Administration Act 2004** or otherwise engaged by the Secretary who is authorised in writing by the Secretary | To perform functions relating to systems administration of the Register. |\n| 7 | A person employed by the Secretary under Part 3   of the **Public Administration Act 2004** or otherwise engaged by the Secretary who is authorised in writing by the Secretary | For the purpose of data management in accordance with section 46H. |\n| 8 | A person employed by the Secretary under Part 3   of the **Public Administration Act 2004** or otherwise engaged by the Secretary who is authorised in writing by the Secretary | For the purpose of de‑identifying confidential information and to provide that de‑identified information under section 46O. |\n| 9 | A person employed by the Secretary to the Department of Health and Human Services under Part 3 of the **Public Administration Act 2004** or otherwise engaged by the Secretary who is authorised in writing by the Secretary | To identify children who are not participating in services for which they may be eligible.<br>For the purpose of the performance of the Secretary to the Department of Health and Human Services' functions, and the exercise of the Secretary's powers, under the **Children, Youth and Families Act 2005**. |\n| 10 | A person employed or engaged by a council in relation to childhood services implementation or policy who is authorised in writing by the Chief Executive Officer of the council | To identify children in the municipal district who are not participating in services for which they may be eligible and to assist in the provision of education, care and services to children in the municipal district who may be eligible to participate in services.<br>To monitor and plan council services for children residing in the municipal district. |\n| 11 | A nurse employed or engaged by a council to provide maternal and child health programs for a Maternal and Child Health service who is authorised in writing by the Chief Executive Officer of the council | To provide care and services to children  attending the Maternal and Child Health service. |\n| 12 | A nurse employed or engaged by an entity that provides maternal and child health programs on behalf of a council for a Maternal and Child Health service who is authorised in writing by the person who has overall management and control of the Maternal and Child Health service | To provide care and services to children  attending the Maternal and Child Health service. |\n| 13 | A nurse employed or engaged by the Secretary to provide maternal and child health advice through a state‑wide telephone service who is authorised in writing by the Secretary | To provide care and services to children or families who access the state-wide telephone service. |\n| 14 | A person employed or engaged by the Victorian Aboriginal Health Service Co‑operative Limited in relation to childhood services implementation or policy who is authorised in writing by the Chief Executive Officer of the Service | To identify children enrolled with the Service or entitled to services provided by the Service who are not participating in services for which they may be eligible and to assist in the provision of education, care and services to those children.<br>To monitor and plan services for all children enrolled with the Service. |\n| 15 | A registered medical practitioner, nurse or midwife employed or engaged by the Victorian Aboriginal Health Service Co‑operative Limited engaged in providing maternal and child health programs who is authorised in writing by the Chief Executive Officer of the Service | To provide care and services to children attending the maternal and child health program. |\n| 16 | A registered early childhood teacher providing education and care to children at an approved education and care service who is authorised in writing by the approved provider | To provide education and care and related  services to children enrolled at the education and care service. |\n| 17 | A registered early childhood teacher providing education and care to children at an approved children's service who is authorised in writing by the approved provider of the service | To provide education and care and related  services to children enrolled at the children's service. |\n| 18 | A school nurse manager who is authorised in writing by the Secretary | To assist in the monitoring, planning and provision of care and services to children enrolled in schools within the geographic region for which the school nurse manager is responsible. |\n| 19 | A school nurse who is authorised in writing by the Secretary | To provide care and services to children enrolled at the school to whom the nurse provides school nurse services. |\n| 20 | A principal of a Government school who is authorised in writing by the Secretary | To provide education and care and related services to children enrolled at the school.<br>To monitor and plan services for children enrolled at the school. |\n| 21 | A registered teacher employed or engaged by a Government school to provide instruction or other education services to students at the school or any other person employed or engaged by a Government school to provide health or welfare services for students at the school who is authorised in writing by the principal of the Government school | To provide education and care and related services to children enrolled at the school.<br>To monitor and plan services for children enrolled at the school. |\n| 22 | A principal of a non-Government school who is authorised in writing by the person or body responsible for the governance, conduct or management of the school | To provide education and care and related services to children enrolled at the school.<br>To monitor and plan services for children enrolled at the school. |\n| 23 | A registered teacher employed or engaged by a non‑Government school to provide instruction or other education services to students at the school or any other person employed or engaged by a non‑Government school to provide health or welfare services for students at the school who is authorised in writing by the principal of the non-Government school | To provide education and care and related services to children enrolled at the school.<br>To monitor and plan services for children enrolled at the school. |\n| 24 | A person employed by the Commission for Children and Young People under section 21(1) of the **Commission for Children and Young People Act 2012** or otherwise engaged by the Commission who is authorised in writing by the Principal Commissioner within the meaning of that Act | To perform the functions of the Principal Commissioner for or on behalf of the Commissioner. |\n| 25 | A person employed to assist the Disability Services Commissioner under section 18(1) of the **Disability Act 2006** who is authorised in writing by the Commissioner | To perform the functions of the Disability Services Commissioner on behalf of the Disability Services Commissioner. |\n| 26 | A prescribed person who is authorised in writing in accordance with the regulations | The purpose prescribed in relation to the person. |\n\nSch. 7 inserted by No. 11/2018 s. 15, amended by No. 9/2023 s. 265.\n\nSchedule 7—Specified provisions\n\n1 Section 207(2) of the **Children, Youth and Families Act 2005**.\n\n2 Section 55 of the **Commission for Children and Young People Act 2012**.\n\n3 Section 140 of the **Confiscation Act 1997**.\n\n4 Sections 36, 202AB and 202AC of the **Disability Act 2006**.\n\n5 Sections 5.3A.10 and 5.3A.14 of the **Education and Training Reform Act 2006**.\n\n6 Section 181 of the **Firearms Act 1996**.\n\n7 Section 23 of the **Human Services (Complex Needs) Act 2009**.\n\n8 Section 164 of the **Infringements Act 2006**.\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 6 October 2005*\n\n*Legislative Council: 15 November 2005*\n\nThe long title for the Bill for this Act was \"to establish principles for the wellbeing of children, to establish the Victorian Children's Council and the Children's Services Co-ordination Board, to provide for the Child Safety Commissioner and to confer functions and powers on the Child Safety Commissioner in relation to the safety of children, to provide for the notification of births to municipal councils, to repeal Part IX of the **Health Act 1958** and for other purposes.\"\n\nThe **Child Wellbeing and Safety Act 2005** was assented to on 29 November 2005 and came into operation as follows:\n\nSections 1–41 and 47 on 1 June 2006: Government Gazette 1 June 2006 page 1028; Part 7 (sections 42–46) and section 48 on 1 October 2007: section 2(2).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes 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.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll 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).\n\n• Examples, diagrams or notes\n\nAll 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).\n\n• Punctuation\n\nAll 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).\n\n• Provision numbers\n\nAll 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).\n\n• Location of \"legislative items\"\n\nA \"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.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Child Wellbeing and Safety Act 2005** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Children, Youth and Families Act 2005, No. 96/2005**\n\n| Assent Date: | 7.12.05 |\n| Commencement Date: | S. 604 on 23.4.07: Government Gazette 19.4.07 p. 672 |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Health Professions Registration Act 2005, No. 97/2005**\n\n| Assent Date: | 7.12.05 |\n| Commencement Date: | S. 182(Sch. 4 item 9) on 1.7.07: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Disability Act 2006, No. 23/2006**\n\n| Assent Date: | 16.5.06 |\n| Commencement Date: | S. 233 on 1.7.07: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | S. 26(Sch. item 10) 11.10.06: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Statute Law Revision Act 2007, No. 28/2007**\n\n| Assent Date: | 26.6.07 |\n| Commencement Date: | S. 3(Sch. item 6) on 27.6.07: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Education and Training Reform Miscellaneous Amendments Act 2007, No. 58/2007**\n\n| Assent Date: | 27.11.07 |\n| Commencement Date: | S. 51 on 28.11.07: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Children's Legislation Amendment Act 2008, No. 22/2008**\n\n| Assent Date: | 3.6.08 |\n| Commencement Date: | S. 41 on 25.5.09: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Children Legislation Amendment Act 2009, No. 46/2009**\n\n| Assent Date: | 18.8.09 |\n| Commencement Date: | Ss 9–15 on 19.8.09: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010**\n\n| Assent Date: | 30.3.10 |\n| Commencement Date: | S. 51(Sch. item 11) on 1.7.10: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Children's Services Amendment Act 2011, No. 80/2011**\n\n| Assent Date: | 21.12.11 |\n| Commencement Date: | S. 79(Sch. item 1) on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Commission for Children and Young People Act 2012, No. 79/2012**\n\n| Assent Date: | 18.12.12 |\n| Commencement Date: | Ss 73–80 on 1.3.13: Special Gazette (No. 27) 29.1.13 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Child Wellbeing and Safety Amendment (Child Safe Standards) Act 2015, No. 63/2015**\n\n| Assent Date: | 1.12.15 |\n| Commencement Date: | Ss 4–13 on 1.1.16: Special Gazette (No. 426) 22.12.15 p.1 |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016**\n\n| Assent Date: | 6.9.16 |\n| Commencement Date: | S. 33 on 1.7.17: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Child Wellbeing and Safety Amendment (Oversight and Enforcement of Child Safe Standards) Act 2016, No. 63/2016**\n\n| *Assent Date:* | 15.11.16 |\n| *Commencement Date:* | Ss 4–8 on 1.1.17: Special Gazette (No. 381) 13.12.16 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Children Legislation Amendment (Reportable Conduct) Act 2017, No. 4/2017**\n\n| Assent Date: | 28.2.17 |\n| Commencement Date: | Ss 4–9 on 1.7.17: Special Gazette (No. 216) 27.6.17 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017**\n\n| Assent Date: | 14.6.17 |\n| Commencement Date: | S. 31 on 26.2.18: s. 2(6) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Health and Child Wellbeing Legislation Amendment Act 2018, No. 4/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | Ss 3(1)(3), 4–7, 12(2) on 28.2.18: s. 2(1); ss 3(2),    8–12(1), 13–15 on 1.11.18: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Children Legislation Amendment (Information Sharing) Act 2018, No. 11/2018**\n\n| Assent Date: | 10.4.18 |\n| Commencement Date: | Ss 4–9, 11, 12, 15 on 27.9.18: Special Gazette (No. 405) 4.9.18 p. 1; ss 10, 13, 14 on 12.2.19: Special Gazette (No. 37) 12.2.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Guardianship and Administration Act 2019, No. 13/2019**\n\n| Assent Date: | 4.6.19 |\n| Commencement Date: | S. 221(Sch. 1 item 7) on 1.3.20: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019**\n\n| Assent Date: | 25.6.19 |\n| Commencement Date: | S. 252 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Children's Services Amendment Act 2019, No. 37/2019**\n\n| *Assent Date:* | 6.11.19 |\n| *Commencement Date:* | S. 20 on 17.5.20: Special Gazette (No. 232) 12.5.20 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | S. 390(Sch. 1 item 15) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Education and Training Reform Amendment (Regulation of Student Accommodation) Act 2020, No. 33/2020**\n\n| Assent Date: | 4.11.20 |\n| Commencement Date: | Ss 19, 20 on 18.6.21: Special Gazette (No. 152) 30.3.21 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Worker Screening Act 2020, No. 34/2020**\n\n| Assent Date: | 4.11.20 |\n| Commencement Date: | Ss 169–176 on 1.2.21: Special Gazette (No. 647) 8.12.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2020, No. 36/2020**\n\n| Assent Date: | 17.11.20 |\n| Commencement Date: | Ss 16, 17 on 17.11.21: s. 2(5) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021, No. 23/2021** (as amended by Nos 32/2022, 43/2022)\n\n| Assent Date: | 28.6.21 |\n| Commencement Date: | S. 5(4) on 29.6.21: s. 2(2); ss 4–5(3), 5(5)–53, 77–80 on 1.1.23: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Social Services Regulation Act 2021, No. 37/2021** (as amended by No. 40/2022)\n\n| Assent Date: | 21.9.21 |\n| Commencement Date: | Ss 349, 350 on 1.7.24: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022**\n\n| Assent Date: | 29.3.22 |\n| *Commencement Date:* | Ss 3, 4 on 30.3.22: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Child Employment Amendment Act 2022, No. 27/2022**\n\n| Assent Date: | 28.6.22 |\n| Commencement Date: | S. 77 on 1.7.23: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022, No. 32/2022**\n\n| Assent Date: | 23.8.22 |\n| Commencement Date: | S. 60 on 24.8.22: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Mental Health and Wellbeing Act 2022, No. 39/2022** (as amended by No. 20/2023)\n\n| Assent Date: | 6.9.22 |\n| Commencement Date: | Ss 784−788 on 1.9.23: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Early Childhood Legislation Amendment Act 2022, No. 43/2022**\n\n| Assent Date: | 27.9.22 |\n| Commencement Date: | Ss 100, 101 on 28.9.22: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Disability and Social Services Regulation Amendment Act 2023, No. 9/2023**\n\n| Assent Date: | 23.5.23 |\n| Commencement Date: | S. 265 on 27.3.24: Special Gazette (No. 118) 13.3.24 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023, No. 17/2023**\n\n| Assent Date: | 27.6.23 |\n| Commencement Date: | S. 21 on 28.6.23: s. 2(1); ss 19, 20, 22–32, 53, 54 on 1.7.24: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Regulatory Legislation Amendment (Reform) Act 2024, No. 6/2024**\n\n| Assent Date: | 5.3.24 |\n| Commencement Date: | Ss 9, 10 on 6.3.24: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n**Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, No. 58/2025**\n\n| Assent Date: | 16.12.25 |\n| Commencement Date: | Ss 3–8 on 17.12.25: s. 2(1); ss 28–54, 55(Sch. 1), 56 on 23.2.26: Special Gazette (No. 50) 3.2.26 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Child Wellbeing and Safety Act 2005** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":224}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Insufficient legislative text was provided to assess whether the scope has changed from the original intent. Only metadata and version history formatting were included — no substantive provisions, objects clauses, or definitions were available for analysis."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history supplied, limiting analysis","Child protection legislation typically involves interaction with multiple agencies and overlapping Commonwealth and State frameworks","Professional reporting obligations in this area of law can involve nuanced judgment calls","Intersects with privacy law, family law, and criminal law","Has been amended multiple times (version history referenced), meaning the current operative text may differ significantly from the original Act"],"plain_english_summary":"The Child Wellbeing and Safety Act 2005 (Victoria) sets the legal framework for identifying, reporting and protecting children at risk across Victoria. It shapes how agencies and professionals respond to concerns about a child’s safety and wellbeing.\n\nIt matters because it creates obligations—particularly for professionals working with children—to report concerns and follow systems intended to prevent vulnerable children from slipping through gaps."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Act has materially expanded from its original, narrower purposes (principles for child wellbeing, advisory bodies and birth notification) into a comprehensive regulatory and enforcement framework for child safety. Key scope expansions include: (1) creation of Child Safe Standards and compulsory compliance obligations for a wide range of entities (s.17; s.19; Schedule 1); (2) establishment of the Social Services Regulator with broad investigatory and enforcement powers and the re‑allocation of functions previously held by the Commission (ss 24–25; transitional ss 55–77); (3) introduction of a statutory reportable conduct scheme with mandatory notification, investigation, and regulator oversight (Part 5A: ss 16M–16O) together with new entry, seizure and notice powers (Part 5B); (4) enactment of a statutory information‑sharing framework authorising disclosures of confidential information for child wellbeing (Part 6A: ss 41V–41W) and (5) the establishment of the Child Link Register that centralises specified child data and grants access to a defined set of users (Part 7A: ss 46B–46M). These additions extend the Act from policy guidance and advisory functions into intensive regulatory, data‑collection and enforcement domains with significant implications for regulated entities and privacy law interface."},"complexity_factors":["Lengthy Act with many Parts (Parts 1–9 plus numerous Divisions and Schedules).","Extensive interpretation/definitions section (s.3 with dozens of defined terms and several statutory cross‑definitions added later: worker, volunteer worker, protected information, relevant person, etc.).","Multiple enforcement frameworks running in parallel: reportable conduct scheme (Part 5A), enforcement of 16M (Part 5B), Child Safe Standards compliance and sector regulator enforcement (Part 6 Divs 2–3).","Numerous cross‑references to other Acts (e.g. Children, Youth and Families Act 2005; Social Services Regulation Act 2021; Privacy and Data Protection Act 2014), increasing interpretive dependency.","Detailed powers with conditional logic: consent entry vs warrant vs entry without consent, seizure, interview powers, time limits and evidentiary rules (ss 16ZR–16ZZG; ss 29A–29N).","Layered exceptions and exemptions (s.16I, 16IA, 16J, s.22 for Child Safe Standards exemptions) and staged commencement for different entity classes (Schedules 3–5).","Multiple remedies and sanctions (criminal offences, civil penalties, injunctions, infringement notices, enforceable undertakings) with interlocking rules about pending proceedings (ss 16ZZN, 34E).","Information‑sharing regime with guarded categories (excluded/privilege/protected information), strict recording and guideline obligations and heavy penalties for intentional breaches (Part 6A: ss 41P–41ZO, 41ZK–41ZL).","Extensive transitional provisions and delegated implementation tools (many transitional clauses tying previous Commission functions to the Social Services Regulator, ss 55–77)."],"plain_english_summary":"**What this Act does (mechanics first)**\n\n- Establishes Child Safe Standards that the Minister may make and that specified organisations must follow to promote child safety, prevent child abuse and ensure proper responses to allegations (see s.17; s.19–23A).\n- Creates an oversight architecture: the Social Services Regulator (functions and powers at ss 24–25, Part 6 Division 2), sector regulators and integrated sector regulators with duties to educate, monitor and enforce compliance with the Child Safe Standards (ss 25B–25H, 25D).\n- Creates a formal reportable‑conduct scheme requiring the head of an entity to notify the Social Services Regulator of allegations that an employee may have engaged in “reportable conduct” and to investigate (Part 5A: ss 16A–16N). The scheme gives the Regulator power to investigate, require documents, interview children and employees, and to coordinate with Victoria Police and other regulators (e.g. ss 16O–16T, 16V–16X, 16ZC).\n- Gives authorised officers and reportable‑conduct authorised officers powers of entry, inspection, seizure and to issue notices to produce or notices to comply in order to monitor/enforce the reportable‑conduct obligations and compliance with Child Safe Standards (Part 5B and Part 6 Division 3: ss 16ZR–16ZZR; ss 29A–29S; ss 30–36).\n- Establishes a statutory information‑sharing regime permitting prescribed “information sharing entities” to share confidential information (subject to excluded information) for the wellbeing or safety of children and prescribes recording and guideline requirements (Part 6A: ss 41P–41ZO).\n- Establishes the Child Link Register — a central record about children (births, participation in specified services, child protection orders) and a defined set of authorised users who may access, use and disclose that information for specified purposes (Part 7A: ss 46B–46M; Schedule 6).\n- Creates criminal and civil penalties for non‑compliance with notice obligations, unauthorised disclosure or misuse of confidential information, obstruction of authorised officers, and related offences (see ss 16M(4), 34D, 41ZK–41ZL, 46T–46W, and penalty provisions throughout Parts 5A, 5B and 6).\n- Provides procedural protections and review paths: internal review, VCAT review, court applications and report/publication rules (for example ss 16ZI–16ZJ, 33, 41I–41J, 41K–41O).\n\n**Who is affected**\n\n- Entities listed in Schedule 1 and further categories in Schedules 3–5 (schools, approved childcare services, hospitals, disability and youth services, councils, charities, departments, etc.) are required to comply with Child Safe Standards and, where listed, the reportable conduct scheme (s.19; Schedules 1, 3–5).\n- Heads of those entities carry operational duties: maintain systems for prevention, notification and investigation of reportable conduct (s.16K–16N).\n- Employees, contractors, volunteers and supplied workers who fall within the statutory definition of “employee” or “worker” (s.3; s.3A) are within scope of reportable allegations.\n- The Social Services Regulator, prescribed sector regulators and integrated sector regulators gain inspection, enforcement and information‑sharing powers and duties (ss 24–27, 25B–25H, 40–41H).\n- Child Link users (listed in s.46K and Schedule 6) — officials, nurses, teachers, approved providers and other authorised persons — may access and use Register data for prescribed purposes.\n\n**Why it matters (official rationale, then testing against incentives and trade‑offs)**\n\n- The Act’s stated purposes include promoting child wellbeing and safety, creating Child Safe Standards, enabling timely sharing of confidential information for children’s wellbeing and establishing the Child Link Register (see s.1). Those stated objectives are implemented by creating compliance duties for entities, central oversight (the Social Services Regulator and sector regulators), compulsory notification/investigation rules for reportable conduct, and statutory channels for information exchange.\n\nTesting those purpose‑claims against costs, incentives and trade‑offs (mechanisms, not judgments):\n\n- Who pays: the immediate compliance costs fall on the regulated entities (Schedule 1 entities, applicable entities and individuals who run businesses) — they must implement prevention systems, reporting channels, staff training, record‑keeping and possibly independent investigations (see s.16K, s.31). Fines and civil penalties (ss 16ZH, 16ZZL, 34) can impose additional financial costs. Government bears oversight and enforcement costs through the Social Services Regulator and sector regulators (ss 24–25, 25D).\n\n- Who decides: the Minister sets the Child Safe Standards (s.17). The Social Services Regulator and sector regulators decide on enforcement priorities, issue notices, request documents and run investigations (ss 24–27, 16G, 25D). Heads of entities decide operational responses and investigations (ss 16K–16N) but must report to the Regulator.\n\n- Behaviour changes incentivised: entities must put systems in place to prevent and detect abuse, promptly notify and investigate allegations, and share information in defined circumstances. That changes staffing, contracting, record keeping and risk management practices. The Act also shifts investigative authority upwards: regulators can take over or monitor investigations (ss 16O, 16W), creating incentives for transparency and external oversight.\n\n- Trade‑offs and risks signalled in the text: the Act builds in privacy safeguards and limits (definitions of excluded/privilege information, ss 40, 41Q; offences for unauthorised disclosure, ss 41ZK–41ZL; guideline/regulation requirements, s.41ZA). It also requires regulator co‑ordination to avoid duplication (s.16E). But the Act centralises investigatory and data powers, which increases implementation risks (data security, administrative burden, potential for overlapping regulator action) — the Act responds by prescribing review routes (internal/V CAT/court), exemptions (ss 16I,16IA,16J) and statutory protections for good‑faith disclosures (ss 16Y, 41ZB).\n\n- Concentrated benefits and diffuse costs: benefits (earlier identification of at‑risk children, coordinated responses) attach to regulated services and oversight bodies; costs (administrative compliance, potential legal exposure) are concentrated on regulated entities and their officers (see ss 32A, 46ZB). The Act creates civil/criminal liability for officers in certain circumstances (s.32A) and places obligations on private and public organisations alike.\n\n**Practical implementation signals**\n\n- Entities should map whether they are listed in Schedules 1, 3–5, review the definitions of employee/worker, set up or update prevention and reporting systems (s.16K), and expect inspection powers and requests for documents (ss 16ZG, 30, 16ZZI).\n- Child‑facing services should plan for data governance and access control if Child Link access or information‑sharing permissions are relevant (Part 7A, Part 6A).\n\n(Selected key references: Child Safe Standards — s.17; entities required to comply — s.19 & Schedule 1; reportable conduct obligations and notification timelines — ss 16M–16N; Regulator functions — ss 16F–16G, 24–25; information sharing — ss 41V–41W; Child Link Register — ss 46B–46M; enforcement and offences — ss 29A–29S, 30–36, 41ZK–41ZL.)"},"kimi_summary":{"_metrics":{"completionTokens":917},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2005 scope. Originally focused on principles for children's services and advisory bodies, it has expanded through multiple amendment Acts to include: Child Safe Standards with enforcement mechanisms (2015-2021), the Reportable Conduct Scheme (2017), Information Sharing provisions (2018), the Child Link Register (2018), and maternal and child health nurse qualifications (2020). The 2025 amendments transferred functions from the Commission for Children and Young People to the new Social Services Regulator, fundamentally restructuring the regulatory architecture. The Act now operates as an umbrella framework coordinating multiple regulatory systems rather than a standalone piece of legislation."},"complexity_factors":["Extensive cross-referencing with other Victorian legislation (Social Services Regulation Act 2021, Children Youth and Families Act 2005, Education and Training Reform Act 2006, etc.)","Multiple overlapping regulatory schemes with different regulators (Social Services Regulator, sector regulators, integrated sector regulators)","Detailed procedural requirements for entry, inspection, seizure, and warrants with multiple conditions and exceptions","Complex definitions section with 50+ defined terms including nested definitions (e.g., 'employee' has 7 sub-paragraphs with multiple examples)","Phased implementation schedules for reportable conduct scheme (Schedules 3, 4, 5 with different commencement dates)","Extensive information sharing provisions with multiple categories of permitted disclosures and exclusions","Multiple enforcement mechanisms (criminal penalties, civil penalties, injunctions, enforceable undertakings, infringement notices, adverse publicity orders)","Detailed transitional provisions in Part 9 with 5 separate divisions covering different amendment Acts","Schedules containing lists of entities subject to different requirements (Schedules 1, 3, 4, 5, 6, 7)","Protection provisions and immunities that vary by role and context"],"plain_english_summary":"**What this law does:**\n\nThis is Victoria's main law for keeping children safe and well. It creates a comprehensive system with several key parts:\n\n**1. Child Safe Standards (Part 6)**\n- Sets mandatory standards that organisations working with children must follow\n- Covers schools, childcare, hospitals, disability services, youth groups, sports clubs, and many others\n- Requires these organisations to promote child safety, prevent abuse, and respond properly to allegations\n- Multiple regulators (including the Social Services Regulator) monitor and enforce compliance\n- Authorised officers can enter premises, inspect documents, and issue notices to produce or comply\n\n**2. Reportable Conduct Scheme (Parts 5A and 5B)**\n- Requires certain organisations to report allegations of serious misconduct involving children\n- \"Reportable conduct\" includes sexual offences, sexual misconduct, physical violence, significant emotional harm, and significant neglect\n- The head of an organisation must notify the Social Services Regulator within 3 business days of becoming aware\n- The Social Services Regulator oversees investigations and can conduct its own investigations\n- Includes powers to enter premises, interview people, and seize documents\n\n**3. Information Sharing (Part 6A)**\n- Allows prescribed organisations to share confidential information about children when needed to protect their wellbeing or safety\n- Overrides normal privacy restrictions in specific circumstances\n- Includes protections for people who share information in good faith\n\n**4. Child Link Register (Part 7A)**\n- Creates a central register tracking children's engagement with government services\n- Helps identify children who may be missing out on services they need\n- Strict controls on who can access the information and for what purposes\n\n**5. Advisory Bodies**\n- Establishes the Victorian Children's Council to advise government on child policy\n- Creates the Children's Services Co-ordination Board to improve coordination across government\n\n**Who it affects:**\n- Any organisation that works with children in Victoria (schools, childcare, hospitals, sports clubs, religious bodies, etc.)\n- Government departments and regulators\n- Parents, carers, and children themselves\n\n**Why it matters:**\nThis law creates a comprehensive framework to prevent child abuse, ensure organisations are child-safe, enable information sharing to protect vulnerable children, and hold organisations accountable when they fail to meet standards. It represents a significant shift toward proactive child protection rather than just responding after harm occurs."}},"importantCases":[],"_links":{"self":"/api/acts/child-wellbeing-and-safety-act-2005","history":"/api/acts/child-wellbeing-and-safety-act-2005/history","analysis":"/api/acts/child-wellbeing-and-safety-act-2005/analysis","conflicts":"/api/acts/child-wellbeing-and-safety-act-2005/conflicts","importantCases":"/api/acts/child-wellbeing-and-safety-act-2005/important-cases","documents":"/api/acts/child-wellbeing-and-safety-act-2005/documents"}}