{"id":"sr:disability-service-safeguards-regulations-2020","name":"Disability Service Safeguards Regulations 2020","slug":"disability-service-safeguards-regulations-2020","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184016,"registerId":"vic-sr:disability-service-safeguards-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Disability Service Safeguards Regulations 2020","content":"Version No. 004\n\n**Disability Service Safeguards Regulations 2020**\n\n**S.R. No. 36/2020**\n\nVersion incorporating amendments as at  \n9 February 2026\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 2\n\n3 Commencement 2\n\n4 Definition 2\n\n5 Code of conduct 2\n\n5A Exempt services 2\n\n6 Prescribed form for seized items or taken samples 4\n\n7 Bodies to which protected information may be disclosed 4\n\n7A Prescribed entity for obtaining criminal history report 4\n\n8 Interstate health complaints entities 4\n\n9 Prescribed offences—NDIS worker screening offences 5\n\n10 Worker screening check 6\n\nSchedule 1—Form 7\n\n═════════════\n\nEndnotes 8\n\n1 General information 8\n\n2 Table of Amendments 10\n\n3 Explanatory details 11\n\n**Version No.** **004**\n\n**Disability Service Safeguards Regulations 2020**\n\n**S.R. No. 36/2020**\n\nVersion incorporating amendments as at  \n9 February 2026\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe the following for the purposes of the **Disability Service Safeguards Act 2018**—\n\n(a) a code of conduct in relation to unregistered disability workers;\n\n(b) bodies to which protected information may be disclosed;\n\n(c) interstate health complaints entities;\n\nReg. 1(d) amended by S.R. No. 40/2021 reg. 5(1).\n\n(d) the form which is a receipt for seized items or taken samples;\n\nReg. 1(e) inserted by S.R. No. 40/2021 reg. 5(2).\n\n(e) offences under the **Worker Screening Act 2020**;\n\nReg. 1(f) inserted by S.R. No. 40/2021 reg. 5(2). amended by S.R. No. 4/2026 reg. 5(a).\n\n(f) entities from which a criminal history report may be requested;\n\nReg. 1(g) inserted by S.R. No. 4/2026 reg. 5(b).\n\n(g) bodies for the purposes of the definition of ***worker screening unit*** in section 257(4) of the **Disability Service Safeguards Act 2018**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 286 of the **Disability Service Safeguards Act 2018**.\n\n\t3 Commencement\n\nThese Regulations come into operation on  \n1 July 2020.\n\n\t4 Definition\n\nIn these Regulations—\n\n***the Act*** means the **Disability Service Safeguards Act 2018**.\n\nReg. 5 amended by S.R. No. 71/2023 reg. 4.\n\n\t5 Code of conduct\n\nFor the purposes of the definition of ***approved code of conduct*** in section 3(1) of the Act, the NDIS Code of Conduct within the meaning of the NDIS Act is prescribed.\n\nReg. 5A inserted by S.R. No. 71/2023 reg. 5.\n\n\t5A Exempt services\n\n(1) For the purposes of paragraph (a) of the definition of ***disability service*** in section 3(1) of the Act, a prescribed exempt service is the following—\n\n(a) a service provided as part of the duties of a teacher in or for a school undertaken by a registered teacher;\n\n(b) a service provided as part of the duties of an early childhood teacher in or for an early childhood service undertaken by a registered early childhood teacher;\n\n(c) the supervision or management of another person (other than a registered teacher or a registered early childhood teacher) who is providing a disability service by a registered teacher or a registered early childhood teacher in the course of the teacher's duties as a teacher, principal or early childhood teacher.\n\n(2) To avoid doubt, the provision of a service in relation to a specified activity referred to in the definition of ***disability service*** in section 3(1) of the Act to a person with a disability by a person (other than a registered teacher or a registered early childhood teacher) who is supervised or managed by a registered teacher or registered early childhood teacher as referred to in subregulation (1)(c) is not a prescribed exempt service.\n\n**Example**\n\nNon-teaching staff, such as teacher aides and integration aides, are providing a disability service.\n\n(3) In this regulation—\n\n***early childhood service*** has the same meaning as in section 1.1.3(1) of the **Education and Training Reform Act 2006**;\n\n***early childhood teacher*** has the same meaning as in section 2.6.1 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***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 teacher***  has the same meaning as in section 1.1.3(1) of the **Education and Training Reform Act 2006**;\n\n***school*** has the same meaning as in section 1.1.3(1) of the **Education and Training Reform Act 2006**;\n\n***teacher***  has the same meaning as in section 2.6.1 of the **Education and Training Reform Act 2006**.\n\n\t6 Prescribed form for seized items or taken samples\n\nFor the purposes of section 231(1) of the Act, the prescribed form is the form set out in Schedule 1.\n\n\t7 Bodies to which protected information may be disclosed\n\n(1) For the purpose of section 240(4) of the Act, the Australian Health Practitioner Regulation Agency is prescribed.\n\n(2) For the purpose of paragraph (c) of the definition of ***relevant entity*** in section 241(2) of the Act, the following entities are prescribed—\n\n(a) the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law;\n\n(b) the Secretary to the Department of Justice and Community Safety;\n\n(c) the Victorian Institute of Teaching continued in operation by section 2.6.2 of the **Education and Training Reform Act 2006**.\n\nReg. 7A inserted by S.R. No. 40/2021 reg. 6, amended by S.R. No. 4/2026 reg. 6.\n\n\t7A Prescribed entity for obtaining criminal history report\n\nFor the purpose of section 256(2)(d) of the Act, the Social Services Regulator is prescribed.\n\n\t8 Interstate health complaints entities\n\nFor the purposes of section 275 of the Act, the following entities are prescribed interstate health complaints entities—\n\n(a) the Health Care Complaints Commission constituted by section 75 of the Health Care Complaints Act 1993 of New South Wales;\n\n(b) the Health and Community Services Complaints Commissioner appointed under Part 2 of the Health and Community Services Complaints Act 2004 of South Australia;\n\n(c) the Health and Disability Services Complaints Office continued in operation by section 6(1) of the Health and Disability Services (Complaints) Act 1995 of Western Australia;\n\n(d) the Health Complaints Commissioner appointed under Part 2 of the Health Complaints Act 1995 of Tasmania;\n\n(e) the Health Ombudsman appointed under section 245 of the Health Ombudsman Act 2013 of Queensland;\n\n(f) the Health and Community Services Complaints Commission  established by section 7 of the Health and Community Services Complaints Act 1998 of the Northern Territory; and\n\n(g) the health services commissioner appointed under section 18D of the Human Rights Commission Act 2005 of the Australian Capital Territory and exercising functions under section 25 of that Act.\n\nReg. 9 inserted by S.R. No. 40/2021 reg. 7.\n\n\t9 Prescribed offences—NDIS worker screening offences\n\nFor the purposes of sections 119(1)(b)(iii), 121(b)(iii), 131(b) and 133(b) of the Act, the following offences are prescribed offences—\n\n(a) an offence specified in Schedule 1 to the **Worker Screening Act 2020**;\n\n(b) an offence specified in Schedule 3 to the **Worker Screening Act 2020**.\n\nReg. 10 inserted by S.R. No. 4/2026 reg. 7.\n\n\t10 Worker screening check\n\nFor the purposes of paragraph (c) of the definition of ***worker screening unit*** in section 257(4) of the Act, the Social Services Regulator established under section 4 of the **Social Services Regulation Act 2021** is a prescribed body.\n\nSchedule 1—Form\n\nRegulation 6\n\n**Disability Service Safeguards Act 2018**\n\nDisability Service Safeguards Regulations 2020\n\nReceipt for seized items or taken samples\n\nName of authorised officer:\n\nDescription of object seized or sample taken:\n\nName of person in charge of the seized object or taken sample:\n\nAddress of premises from which object was seized or sample was taken:\n\nName of person in charge of premises:\n\nSignature of authorised officer:\n\nDate signed:\n\n═════════════\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\nThe Disability Service Safeguards Regulations 2020, S.R. No. 36/2020 were made on 19 May 2020 by the Governor in Council under section 286 of the **Disability Service Safeguards Act 2018**, No. 38/2018 and came into operation on 1 July 2020: regulation 3.\n\nThe Disability Service Safeguards Regulations 2020 will sunset 10 years after the day of making on 19 May 2030 (see section 5 of the **Subordinate Legislation Act 1994**).\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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\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 a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\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 a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Disability Service Safeguards Regulations 2020 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nDisability Service Safeguards Amendment Regulations 2021, S.R. No. 40/2021\n\n| *Date of Making:* | 27.4.21 |\n| --- | --- |\n| *Date of Commencement:* | 11.5.21: reg. 3 |\n\n\nDisability Service Safeguards Amendment Regulations 2023, S.R. No. 71/2023\n\n| *Date of Making:* | 18.7.23 |\n| --- | --- |\n| *Date of Commencement:* | 18.7.23 |\n\n\nDisability Service Safeguards Amendment Regulations 2026, S.R. No. 4/2026\n\n| *Date of Making:* | 3.2.26 |\n| --- | --- |\n| *Date of Commencement:* | 9.2.26: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n**Table of Applied, Adopted or Incorporated Matter**\n\nThe following table of applied, adopted or incorporated matter was included in S.R. No. 36/2020 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n| --- | --- | --- |\n| Regulation 5 | National Disability Insurance Scheme (Code of Conduct) Rules 2018 of the Commonwealth | Section 6 |","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no evidence that the scope of these regulations changed from their original intent. The document shows an 'as made' version and a consolidated version, which is standard legislative practice reflecting minor amendments rather than fundamental scope changes. However, the absence of substantive content prevents a definitive assessment."},"complexity_factors":["Regulations operate subordinate to a parent Act, requiring readers to consult both documents together","Disability law intersects with Commonwealth NDIS frameworks, creating potential jurisdictional complexity","The document as provided contains only metadata — actual regulatory content could introduce significant additional complexity","Version history indicates the regulations have been amended, meaning practitioners must track which version applies at any given time","Regulatory compliance obligations in care sectors typically involve multi-agency oversight (e.g., registration bodies, complaints bodies, courts)"],"plain_english_summary":"These 2020 Victorian regulations implement the Disability Service Safeguards Act by setting practical rules for how disability supports must operate to keep people with disabilities safe. They affect service users, providers, workers, families and carers and matter because they turn broad safety principles into enforceable practice.\n\nNote: the supplied document lacked the regulations’ substantive text, so detailed rights, duties and penalties aren’t available here."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the Disability Service Safeguards Act 2018 through prescription of codes, forms, exempt services, and information-sharing bodies. The 2021, 2023 and 2026 amendments added worker screening provisions and refined the teacher exemption, but these were logical extensions of the original safeguarding framework rather than scope creep."},"complexity_factors":["Short instrument: only 10 regulations plus a schedule","Minimal defined terms: only one defined term ('the Act') in the body, with most definitions imported by reference from other statutes (NDIS Act, Education and Training Reform Act 2006, Worker Screening Act 2020)","Simple structure: mostly straightforward prescription of external documents and lists of bodies/offences","Limited conditional logic: only one substantive exemption with a clarifying subregulation (Reg 5A) and one 'to avoid doubt' provision","Heavy reliance on external references: the Code of Conduct, offences, and definitions are all imported from other legislation rather than set out in the text"],"plain_english_summary":"These regulations set out the practical rules for the **Disability Service Safeguards Act 2018** (Victoria). They do four main things:\n\n**1. Code of Conduct for unregistered workers**\n- They adopt the same NDIS Code of Conduct that applies nationally, meaning unregistered disability workers in Victoria must follow the same ethical rules as NDIS providers (things like respecting privacy, acting with integrity, and providing quality supports).\n\n**2. Exemptions for teachers**\n- Registered teachers and early childhood teachers are exempt from the Act when providing disability services as part of their normal school duties. However, teacher aides and integration aides are **not** exempt—they are considered to be providing disability services and must comply.\n\n**3. Information sharing and worker screening**\n- They list which government bodies can receive confidential information about disability services (including the Australian Health Practitioner Regulation Agency and Victorian Institute of Teaching).\n- They designate the **Social Services Regulator** as the body that can request criminal history reports and conduct worker screening checks.\n- They specify which serious offences under the **Worker Screening Act 2020** disqualify people from working in disability services.\n\n**4. Interstate cooperation**\n- They recognise health complaints bodies from other states and territories, allowing Victorian authorities to share information and cooperate with them.\n\n**Why it matters:** These regulations protect vulnerable people with disabilities by ensuring workers meet ethical standards, undergo background checks, and that regulators can share information to prevent harm. They also clarify that while qualified teachers are exempt from extra regulation, support staff in schools are not."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Subsequent amendments expanded and clarified the instrument's scope: regulation 5A introduced teacher/early‑childhood exemptions; regs 7A and 10 prescribe the Social Services Regulator for criminal‑history and worker‑screening roles; reg 9 added specified Worker Screening Act offences. These changes modify who is covered, which checks apply and which agencies carry out screening or receive protected information (regs 5A, 7, 7A, 9, 10)."},"complexity_factors":["Extensive cross‑references to other legislation increases interpretive work (NDIS Act — reg 5; Education and Training Reform Act 2006 — reg 5A; Worker Screening Act 2020 — reg 9; Social Services Regulation Act 2021 — regs 7A and 10).","Multiple prescribed entities and interstate bodies require coordination across agencies (disclosure bodies: reg 7; interstate bodies: reg 8).","Operational prescription of an evidence/chain‑of‑custody receipt creates a defined administrative step (prescribed form: reg 6 & Schedule 1).","Worker screening rules and prescribed offences create compliance and screening costs for individuals and employers (regs 9, 10).","Exemption carve‑outs for registered teachers and early childhood teachers narrow scope in practice but require factual determinations about duties and supervision (reg 5A).","Delegation of functions to named regulators concentrates decision authority (Social Services Regulator; AHPRA) and creates single points of administrative discretion (regs 7, 7A, 10).","Relatively short instrument but dependent on reading multiple external instruments for full effect, increasing transaction and legal‑research burden."],"plain_english_summary":"These regulations give practical detail to the Disability Service Safeguards Act 2018. They prescribe the approved code of conduct for unregistered disability workers, set a receipt form for seized items/samples, identify which agencies may receive protected information and interstate complaints bodies, specify certain teacher duties as exempt, and list offences and authorised bodies for worker screening. They matter to disability workers, service providers, schools and regulators because they define compliance steps, information‑sharing pathways and which criminal history checks apply."}},"importantCases":[],"_links":{"self":"/api/acts/disability-service-safeguards-regulations-2020","history":"/api/acts/disability-service-safeguards-regulations-2020/history","analysis":"/api/acts/disability-service-safeguards-regulations-2020/analysis","conflicts":"/api/acts/disability-service-safeguards-regulations-2020/conflicts","importantCases":"/api/acts/disability-service-safeguards-regulations-2020/important-cases","documents":"/api/acts/disability-service-safeguards-regulations-2020/documents"}}