{"id":"service-victoria-act-2018","name":"Service Victoria Act 2018","slug":"service-victoria-act-2018","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176198,"registerId":"vic-service-victoria-act-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Service Victoria Act 2018","content":"Version No. 006\n\n**Service Victoria Act 2018**\n\n**No. 14 of 2018**\n\nVersion incorporating amendments as at  \n21 May 2025\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 1\n\n3 Definitions 2\n\n4 Meaning of *service agency* 11\n\n4A Act binds the Crown 12\n\nPart 2—Transfer of customer service functions to Service Victoria 13\n\nDivision 1—Ministerial agreements 13\n\n5 Transfer of customer service functions 13\n\n6 Service Victoria CEO and service agency head must give effect to agreement or notice 14\n\nDivision 2—Transferred customer service functions 14\n\n7 Transfer back of customer service functions to service agency 14\n\n8 Delegation of transferred customer service functions 15\n\nPart 2A—Performance of customer service functions by agreement 16\n\n9A Performance of customer service functions by agreement 16\n\n9B Performance of customer service functions from other jurisdictions by agreement 16\n\nPart 2B—Delegation, authorisation and sub-delegation of customer service functions 18\n\n9C Application of Part 18\n\n9D Delegation and authorisation of customer service functions 18\n\n9E Sub-delegation of customer service functions 19\n\nPart 3—Transfer of identity verification functions to Service Victoria 20\n\nDivision 1—Ministerial agreements 20\n\n10 Transfer of identity verification functions 20\n\n11 Service Victoria CEO and service agency head must give effect to agreement or notice 21\n\nDivision 2—Transferred identity verification functions 21\n\n12 Transfer back of identity verification functions to service agency 21\n\n13 Delegation of transferred identity verification functions 22\n\nPart 3A—Performance of identity verification functions by agreement 24\n\n14A Performance of identity verification functions by agreement 24\n\n14B Performance of identity verification functions from other jurisdictions by agreement 24\n\nPart 3B—Delegation, authorisation and sub-delegation of identity verification functions 26\n\n14C Application of Part 26\n\n14D Delegation and authorisation of identity verification functions 26\n\n14E Sub-delegation of identity verification functions 27\n\nPart 3C—Performance of functions—Ministerial direction 28\n\n14F Performance of functions—Ministerial direction 28\n\nPart 3D—Performance of functions by Service Victoria CEO on behalf of non-government entities 29\n\n14G Performance of functions for non‑government entities by agreement 29\n\nPart 3E—Performance of functions by non-government entities 31\n\n14H Performance of functions by non‑government entities 31\n\nPart 4—Role of Service Victoria 33\n\n15 Functions of Service Victoria CEO 33\n\n16 Powers of Service Victoria CEO 34\n\n17 Power to impose fees and charges 35\n\n18 Exercise of power not to give applications or requests to service agency for determination 35\n\nPart 4A—Service Victoria accounts 37\n\n18A Creation of Service Victoria accounts 37\n\nPart 5—Customer service functions 38\n\nDivision 1—Performance of customer service functions 38\n\n19 Service Victoria CEO must comply with customer service standards 38\n\nDivision 2—Customer service standards 38\n\n20 Development of customer service standards 38\n\nPart 5A—Authorities and official information documents 40\n\n24A Form of authorities and official information documents 40\n\n24B Delivery of authority or official information document taken to satisfy requirements 41\n\n24C Production of authority or official information document in form delivered by Service Victoria CEO taken to satisfy requirements 41\n\n24D Surrender or destruction of authority or official information document taken to be satisfied in certain circumstances 42\n\nPart 6—Identity verification and electronic identity credentials 43\n\nDivision 3—Identity verification standards 43\n\n41 Minister may make identity verification standards 43\n\n42 Guiding principles for making and use of identity verification standards 44\n\n43 Service Victoria CEO to use identity verification standards 45\n\nPart 6A—Service agency databases 47\n\n47A Service agency database—agreement with service agency 47\n\n47B Service agency database—Ministerial direction 47\n\n47C Collection, use or disclosure of information in service agency databases 47\n\n47D Application of Act to service agency databases 48\n\n47E Changes to information recorded in a service agency database by service agency 48\n\n47H Ministerial guidelines 48\n\n47I Ministerial delegation 49\n\nPart 7—Offences 50\n\n48 Improper issue of electronic identity credentials 50\n\n49 False or misleading statement in applications 50\n\n50 Unauthorised access to, use of or disclosure of data or information 50\n\n51 Restrictions on access, use or disclosure of data or information 51\n\nPart 8—General 52\n\n52 Delegation 52\n\n53 Reporting requirements 52\n\n54 Use and disclosure of information by Service Victoria CEO 53\n\n54A Use and disclosure of regulated information by service agency 54\n\n55 Collection, holding, management and use of regulated information by Service Victoria CEO 55\n\n56 Audit 55\n\n56A Refunds by Service Victoria CEO 55\n\n58 Regulations 56\n\nPart 9—Transitional provisions 59\n\n60 Service Victoria Amendment Act 2022—databases 59\n\n═══════════════\n\nEndnotes 60\n\n1 General information 60\n\n2 Table of Amendments 62\n\n3 Explanatory details 63\n\n**Version No.** **006**\n\n**Service Victoria Act 2018**\n\n**No. 14 of 2018**\n\nVersion incorporating amendments as at  \n21 May 2025\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe purposes of this Act are—\n\n(a) to provide for the delivery of Government services to the public by Service Victoria; and\n\nS. 1(b) amended by No. 5/2024 s. 5(1).\n\n(b) to provide for the provision of identity verification functions by the Service Victoria CEO; and\n\nS. 1(c) inserted by No. 5/2024 s. 5(2).\n\n(c) to provide for a central point for public access to Government services; and\n\nS. 1(d) inserted by No. 5/2024 s. 5(2).\n\n(d) to support the transformation of the digital provision of Government services through Service Victoria.\n\n\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 30 September 2018, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\nS. 3 def. of *account information* repealed by No. 5/2024 s. 25.\n\n* * * * *\n\nS. 3 def. of *authority* amended by No. 6/2022 s. 4(a).\n\n***authority*** means a licence, permit, approval, authority or other authorisation (by whatever name) given, granted or issued under law;\n\nS. 3 def. of *credential usage history* repealed by No. 5/2024 s. 25.\n\n* * * * *\n\n***consent*** means express consent or implied consent;\n\nS. 3 def. of *Council* amended by No. 9/2020 s. 390(Sch. 1 item 91).\n\n***Council*** has the same meaning as in the **Local Government Act 2020**;\n\nS. 3 def. of *customer service function* substituted by No. 6/2022 s. 4(b), amended by No. 5/2024 s. 4(2)(3).\n\n***customer service function*** means a function, other than an identity verification function or the issue of an electronic identity credential, of the following kind—\n\n(a) receiving an application or a request for an authority or official information document;\n\n(b) receiving payment of any appropriate fee required to be paid in respect of an application or request for an authority or official information document;\n\n(ba) issuing an authority or official information document;\n\n(c) delivering an authority or official information document;\n\n(d) receiving an application or a request—\n\n(i) for registration; or\n\n(ii) in relation to any program or service offered by or on behalf of the State, a service agency or a non-Victorian government agency;\n\n(e) receiving or making a payment, including but not limited to—\n\n(i) receiving a payment of a fee in relation to an application or a request referred to in paragraph (d); or\n\n(ii) receiving a payment of a fee or fine from a non-government entity;\n\n(f) receiving or delivering information—\n\n(i) to meet a requirement under law; or\n\n(ii)  otherwise for the purposes of a program or service offered by or on behalf of the State, a service agency or a non-Victorian government agency;\n\n(g) a function prescribed to be a customer service function;\n\nS. 3 def. of *customer service information* substituted by No. 6/2022 s. 4(c), repealed by No. 5/2024 s. 25.\n\n* * * * *\n\n***customer service standards*** means the standards developed under section 20;\n\nS. 3 def. of *digital token* inserted by No. 6/2022 s. 4(n).\n\n***digital token*** means a digital version of an authority or official information document that is accessible through a software application on an electronic device;\n\nS. 3 def. of *electronic document* inserted by No. 6/2022 s. 4(n).\n\n***electronic document*** means a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both;\n\nS. 3 def. of *electronic identity credential* substituted by No. 5/2024 s. 18(1).\n\n***electronic identity credential*** means an electronic identity credential issued by the Service Victoria CEO in accordance with the identity verification standards;\n\nS. 3 def. of *function* amended by No. 5/2024 s. 4(4).\n\n***function*** includes power and duty;\n\n***Health Complaints Commissioner*** means the ***Commissioner*** within the meaning of the **Health Complaints Act 2016**;\n\n***health information*** has the same meaning as in the **Health Records Act 2001**;\n\n***identifier*** has the same meaning as in the **Health Records Act 2001**;\n\n***identity document*** means a document that purports to provide evidence of an individual's identity specified in the identity verification standards;\n\nS. 3 def. of *identity information* amended by No. 6/2022 s. 4(d).\n\n***identity information*** means, in relation to an individual—\n\n(a) an identity document or other information that an individual provides to the Service Victoria CEO for the purposes of verifying the individual's identity under Part 6; and\n\n(b) any other prescribed information;\n\nS. 3 def. of *identity verification function* substituted by No. 6/2022 s. 4(e), amended by No. 5/2024 s. 4(5).\n\n***identity verification function*** means a function—\n\n(a) that requires—\n\n(i) an individual to provide information for the purpose of verifying the individual's identity; or\n\n(ii) information to be obtained for the purpose of verifying an individual's identity; or\n\n(iii) the verification of an individual's identity; or\n\n(b) that is prescribed to be an identity verification function;\n\n***identity verification standards*** means the standards made by the Minister under Part 6;\n\n***Information Commissioner*** means the person appointed under section 6C of the **Freedom of Information** **Act 1982**;\n\n***level*** ***of assurance*** means—\n\n(a) in relation to an electronic identity credential, the degree of confidence that a credential is taken to provide as set out in the identity verification standards; or\n\n(b) in relation to an identity verification function, the level of assurance required for the purposes of that function as set out in the identity verification standards;\n\nS. 3 def. of *non-government entity* inserted by No. 5/2024 s. 4(1).\n\n***non-government entity*** means—\n\n(a) any entity other than—\n\n(i) a service agency or a non‑Victorian government agency; or\n\n(ii) a special body or the equivalent of a special body that is established by or under the law of the Commonwealth or another State or a Territory; or\n\n(b) any entity prescribed to be a non‑government entity;\n\nS. 3 def. of *non-Victorian government agency* inserted by No. 6/2022 s. 4(n).\n\n***non-Victorian government agency*** means—\n\n(a) the equivalent of a service agency that is established by or under, or holds an office or position under, the law of the Commonwealth or another State or a Territory, but does not include the equivalent of a special body other than a police force of the Commonwealth or another State or a Territory; or\n\n(b) a prescribed entity or class of entity;\n\nS. 3 def. of *non-Victorian government agency head* inserted by No. 6/2022 s. 4(n).\n\n***non-Victorian government agency head*** means—\n\n(a) in the case of a Minister of the Commonwealth or another State or a Territory—that Minister; or\n\n(b) in the case of a body corporate that is a non-Victorian government agency—the chief executive officer (by whatever name called) of the body corporate; or\n\n(c) in the case of a police force of the Commonwealth or another State or a Territory—the head or chief commissioner of the police force; or\n\n(d) in the case of an entity or class of entity that is prescribed to be a non-Victorian government agency—the person or class of person prescribed to be the non‑Victorian government agency head for the non-Victorian government agency; or\n\n(e) in any other case, a person authorised under the law of the Commonwealth or another State or a Territory to enter into an agreement with the Service Victoria CEO for the performance of functions;\n\nS. 3 def. of *official information document* amended by Nos 34/2020 s. 240, 6/2022 s. 4(f).\n\n***official information document*** means a document (by whatever name) given or issued by a service agency or non-Victorian government agency, or a service agency head or non-Victorian government agency head, containing information held by a service agency or non‑Victorian government agency relating to an individual, a matter or a thing;\n\n**Example**\n\nBirth certificate.\n\nS. 3 def. of *ongoing electronic identity credential* repealed by No. 5/2024 s. 18(2).\n\n* * * * *\n\n***personal information*** has the same meaning as in the **Privacy and Data Protection Act 2014**;\n\n***public entity*** has the same meaning as in the **Public Administration Act 2004**;\n\n***public service body*** has the same meaning as in the **Public Administration Act 2004**;\n\n***regulated information*** means  personal information, health information, identifiers and unique identifiers;\n\n***service agency*** has the meaning given by section 4;\n\nS. 3 def. of *service agency* *database* inserted by No. 6/2022 s. 4(n).\n\n***service agency*** ***database*** means a database established and maintained under section 47A or 47B;\n\nS. 3 def. of *service agency function* repealed by No, 6/2022 s. 4(o).\n\n* * * * *\n\nS. 3 def. of *service agency head* amended by No, 6/2022 s. 4(g)–(k).\n\n***service agency head*** means—\n\n(aa) in the case of a Minister—that Minister; or\n\n(a) in the case of a public service body—the public service body Head within the meaning of the **Public Administration Act 2004**; or\n\n(b) in the case of a public entity that is a body corporate—the chief executive officer (by whatever name called) of the entity; or\n\n(c) in the case of a public entity that is an unincorporated body—the secretary or chairperson of the committee managing the affairs of the entity; or\n\n(d) in the case of Victoria Police—the Chief Commissioner of Police within the meaning of the **Victoria Police Act 2013**; or\n\n(da) in the case of a Council—the chief executive officer of the Council; or\n\n(e) in the case of a person described in section 4(1)(e)—that person; or\n\n(f) in the case of a person prescribed under section 4(1)(f)—the person prescribed to be the service agency head for that service agency;\n\nS. 3 def. of *service agency Minister* amended by No. 6/2022 s. 4(l).\n\n***service agency Minister***, in relation to a customer service function or identity verification function, means the Minister responsible for administering the enactment that confers the function on the service agency;\n\n***Service Victoria*** means—\n\n(a) if an Administrative Office within the meaning of the **Public Administration Act 2004** is prescribed, that Administrative Office; or\n\n(b) if no Administrative Office is prescribed, the Department responsible to the Minister administering this Act;\n\n***Service Victoria*** ***CEO*** means the person employed under section 12(2) of the **Public Administration Act 2004** as the Head of Service Victoria;\n\nS. 3 def. of *Service Victoria database* repealed by No. 5/2024 s. 25.\n\n* * * * *\n\n***special body*** has the same meaning as in the **Public Administration Act 2004**;\n\nS. 3 def. of *temporary electronic identity credential* repealed by No. 5/2024 s. 18(2).\n\n* * * * *\n\n***transferred customer service function*** means a customer service function that is, by operation of Part 2, transferred to the Service Victoria CEO;\n\n***transferred identity verification function*** means an identity verification function that is, by operation of Part 3, transferred to the Service Victoria CEO;\n\nS. 3 def. of *transaction* substituted by No. 6/2022 s. 4(m).\n\n***transaction*** includes—\n\n(a) any transaction in the nature of a contract, agreement, application, registration or other arrangement; and\n\n(b) any statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract, agreement, application, registration or other arrangement; and\n\n(c) any transaction of a non‑commercial nature;\n\n***unique identifier***  has the meaning given in Schedule 1 to the **Privacy and Data Protection Act 2014**;\n\n***Victoria Police*** has the same meaning as in the **Victoria Police Act 2013**.\n\n\t4 Meaning of *service agency*\n\n(1) A ***service agency*** is any of the following—\n\nS. 4(1)(aa) inserted by No. 6/2022 s. 5(a).\n\n(aa) a Minister;\n\nS. 4(1)(a) amended by No. 6/2022 s. 5(b).\n\n(a) a public service body (other than Service Victoria if an Administrative Office is prescribed);\n\n(b) a public entity;\n\n(c) Victoria Police;\n\n(d) a Council;\n\nS. 4(1)(e) amended by No. 6/2022 s. 5(c).\n\n(e) a person holding an office or position established by or under an Act (other than the office of member of the Parliament of Victoria) or to which the person was appointed by the Governor in Council, or by a Minister, otherwise than under an Act;\n\nS. 4(1)(f) inserted by No. 6/2022 s. 5(d).\n\n(f) a person (other than a special body) prescribed to be a service agency.\n\n(2) A ***service agency*** does not include a special body (other than Victoria Police).\n\nS. 4A inserted by No. 6/2022 s. 6.\n\n\t4A Act binds the Crown\n\nThis Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.\n\nPart 2—Transfer of customer service functions to Service Victoria\n\nDivision 1—Ministerial agreements\n\n\t5 Transfer of customer service functions\n\nS. 5(1) substituted by No. 6/2022 s. 7.\n\n(1) Subject to subsection (3), the Minister and the service agency Minister may agree for the Service Victoria CEO to perform a customer service function that—\n\n(a) is conferred on a service agency under an enactment (whether express or implied); and\n\n(b) is to be prescribed as a transferred customer service function.\n\n(2) An agreement under subsection (1) must be in writing and a copy of it must be given to the service agency head and the Service Victoria CEO.\n\n(3) If the Minister is the service agency Minister, the Minister may publish a notice in the Government Gazette that—\n\n(a) the customer service function is to be prescribed as a transferred customer service function; and\n\n(b) as a result of that prescription, the Service Victoria CEO is to perform the function.\n\n(4) A copy of a notice under subsection (3) must be given to the service agency head and the Service Victoria CEO.\n\n(5) Despite anything to the contrary in the enactment that confers a customer service function on a service agency, on the commencement of a regulation that prescribes the customer service function to be a transferred customer service function—\n\n(a) the customer service function is to be performed by the Service Victoria CEO; and\n\n(b) the service agency cannot perform the customer service function unless it is delegated to the service agency head under section 8.\n\n(6) A regulation prescribing a customer service function to be a transferred customer service function must not be made unless—\n\n(a) an agreement has been made under subsection (1) in respect of that function; or\n\n(b) a notice has been published under subsection (3) in respect of that function.\n\n\t6 Service Victoria CEO and service agency head must give effect to agreement or notice\n\nThe Service Victoria CEO and a service agency head must use best endeavours to give effect to an agreement under section 5(1) or a notice under section 5(3) that applies to them.\n\nDivision 2—Transferred customer service functions\n\n\t7 Transfer back of customer service functions to service agency\n\n(1) Subject to subsection (2), the Minister and the service agency Minister may agree for the transfer back to a service agency of any transferred customer service function.\n\n(2) If the Minister is the service agency Minister, the Minister may publish a notice in the Government Gazette that—\n\n(a) the transferred customer service function is to be prescribed as a revoked customer service function; and\n\n(b) as a result of that prescription, the service agency is to perform the function.\n\n(3) An agreement under subsection (1) must be in writing and a copy of it must be given to the service agency head and the Service Victoria CEO.\n\n(4) A copy of a notice under subsection (2) must be given to the service agency head and the Service Victoria CEO.\n\n(5) On the commencement of a regulation that prescribes a transferred customer service function to be a revoked customer service function—\n\n(a) the customer service function is to be performed by the service agency in accordance with the enactment that confers the function on the service agency; and\n\n(b) the Service Victoria CEO cannot perform that function.\n\n\t8 Delegation of transferred customer service functions\n\n(1) The Service Victoria CEO, by instrument, may delegate any transferred customer service function to the service agency head of the service agency from which that function is transferred.\n\n(2) A service agency head to whom a transferred customer service function is delegated under subsection (1) may delegate that function to any person or class of person employed by, or acting on behalf of, the service agency from which the function is transferred.\n\nPt 2 Div. 3 (Heading and s. 9) repealed by No. 6/2022 s. 8.\n\n* * * * *\n\nPt 2A (Heading and ss 9A, 9B) inserted by No. 6/2022 s. 9.\n\nPart 2A—Performance of customer service functions by agreement\n\nS. 9A inserted by No. 6/2022 s. 9.\n\n\t9A Performance of customer service functions by agreement\n\n(1) The Service Victoria CEO and a service agency head, or a person authorised by the service agency head, may agree in writing for the Service Victoria CEO to perform a customer service function of the service agency.\n\n(2) On the coming into force of an agreement under subsection (1), the Service Victoria CEO may perform the customer service function for or on behalf of the service agency.\n\n(3) Subsection (2) applies despite anything to the contrary in the law (if any) that confers the customer service function on the service agency.\n\nS. 9A(4) repealed by No. 5/2024 s. 13.\n\n* * * * *\n\nS. 9B inserted by No. 6/2022 s. 9.\n\n\t9B Performance of customer service functions from other jurisdictions by agreement\n\n(1) The Service Victoria CEO and a non‑Victorian government agency head, or a person authorised by the non-Victorian government agency head, may agree in writing for the Service Victoria CEO to perform a customer service function of the non-Victorian government agency.\n\nS. 9B(1A) inserted by No. 5/2024 s. 14(1).\n\n(1A) Without limiting subsection (1), an agreement under that subsection may provide for the Service Victoria CEO to charge the non-Victorian government agency for services provided by, or on behalf of, the Service Victoria CEO in the performance of the customer service function.\n\n(2) On the coming into force of an agreement under subsection (1), the Service Victoria CEO may perform the customer service function for or on behalf of the non‑Victorian government agency in accordance with the agreement.\n\nS. 9B(3) amended by No. 5/2024 s. 14(2).\n\n(3) Subsections (1A) and (2) apply subject to the law (if any) that confers the customer service function on the non-Victorian government agency.\n\nPt 2B (Heading and ss 9C–9E) inserted by No. 6/2022 s. 9.\n\nPart 2B—Delegation, authorisation and sub-delegation of customer service functions\n\nS. 9C inserted by No. 6/2022 s. 9.\n\n\t9C Application of Part\n\nThis Part applies despite anything to the contrary in any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\nS. 9D inserted by No. 6/2022 s. 9.\n\n\t9D Delegation and authorisation of customer service functions\n\n(1) This section applies if—\n\n(a) an enactment confers a function on a service agency or service agency head; and\n\n(b) the enactment permits the delegation or authorisation of that function.\n\n(2) A service agency or a service agency head, in writing, may delegate to the Service Victoria CEO, or authorise the performance by the Service Victoria CEO of, the following functions—\n\n(a) a customer service function under an enactment to which this section applies (including a customer service function in paragraph (b) or (c)), irrespective of whether the Service Victoria CEO is a person, or belongs to a class of person, to whom functions can be delegated or authorised under that enactment;\n\n(b) a customer service function that may be implied from a function under an enactment to which this section applies (including a customer service function in paragraph (a) or (c));\n\n(c) a customer service function that forms part of a function under an enactment to which this section applies (including a customer service function in paragraph (a) or (b)).\n\nS. 9E inserted by No. 6/2022 s. 9.\n\n\t9E Sub-delegation of customer service functions\n\n(1) The Service Victoria CEO may, subject to any conditions specified in the delegation, sub-delegate a customer service function that has been delegated to the Service Victoria CEO under this Part or the enactment that confers the function on the service agency or service agency head, to a person, or class of person, referred to in section 52.\n\n(2) Sections 42 and 42A of the **Interpretation of Legislation Act 1984** apply to a sub‑delegation authorised by this section in the same way as they apply to a delegation.\n\nPart 3—Transfer of identity verification functions to Service Victoria\n\nDivision 1—Ministerial agreements\n\n\t10 Transfer of identity verification functions\n\nS. 10(1) substituted by No. 6/2022 s. 10.\n\n(1) Subject to subsection (3), the Minister and the service agency Minister may agree for the Service Victoria CEO to perform an identity verification function that—\n\n(a) is conferred on a service agency under an enactment (whether express or implied); and\n\n(b) is to be prescribed as a transferred identity verification function.\n\n(2) An agreement under subsection (1) must be in writing and a copy of it must be given to the service agency head and the Service Victoria CEO.\n\n(3) If the Minister is the service agency Minister, the Minister may publish a notice in the Government Gazette that—\n\n(a) the identity verification function is to be prescribed as a transferred identity verification function; and\n\n(b) as a result of that prescription, the Service Victoria CEO is to perform the function.\n\n(4) A copy of a notice under subsection (3) must be given to the service agency head and the Service Victoria CEO.\n\n(5) Despite anything to the contrary in the enactment that confers an identity verification function on a service agency, on the commencement of a regulation that prescribes the identity verification function to be a transferred identity verification function—\n\n(a) the identity verification function is to be performed by the Service Victoria CEO; and\n\n(b) the service agency cannot perform the identity verification function unless it is delegated to the service agency head under section 13.\n\n(6) A regulation prescribing an identity verification function to be a transferred identity verification function must not be made unless—\n\n(a) an agreement has been made under subsection (1) in respect of that function; or\n\n(b) a notice has been published under subsection (3) in respect of that function.\n\n\t11 Service Victoria CEO and service agency head must give effect to agreement or notice\n\nThe Service Victoria CEO and a service agency head must use best endeavours to give effect to an agreement under section 10(1) or a notice under section 10(3) that applies to them.\n\nDivision 2—Transferred identity verification functions\n\n\t12 Transfer back of identity verification functions to service agency\n\n(1) Subject to subsection (2), the Minister and the service agency Minister may agree for the transfer back to a service agency of any transferred identity verification function.\n\n(2) If the Minister is the service agency Minister, the Minister may publish a notice in the Government Gazette that—\n\n(a) the transferred identity verification function is to be prescribed as a revoked identity verification function; and\n\n(b) as a result of that prescription, the service agency is to perform the function.\n\n(3) An agreement under subsection (1) must be in writing and a copy of it must be given to the service agency head and the Service Victoria CEO.\n\n(4) A copy of a notice under subsection (2) must be given to the service agency head and the Service Victoria CEO.\n\n(5) On the commencement of a regulation that prescribes a transferred identity verification function to be a revoked identity verification function—\n\n(a) the identity verification function is to be performed by the service agency in accordance with the enactment that confers the function on the service agency; and\n\n(b) the Service Victoria CEO cannot perform that function.\n\n\t13 Delegation of transferred identity verification functions\n\n(1) The Service Victoria CEO, by instrument, may delegate any transferred identity verification function to the service agency head of the service agency from which that function is transferred.\n\n(2) A service agency head to whom a transferred identity verification function is delegated under subsection (1) may delegate that function to any person or class of person employed by, or acting on behalf of, the service agency from which the function is transferred.\n\nS. 13(3) inserted by No. 6/2022 s. 11.\n\n(3) A service agency head or a person performing an identity verification function delegated to that service agency head or person under subsection (1) or (2) is not required to comply with the identity verification standards in relation to the performance of that function.\n\nPt 3 Div. 3 (Heading and s. 14) repealed by No. 6/2022 s. 12.\n\n* * * * *\n\nPt 3A (Heading and ss 14A, 14B) inserted by No. 6/2022 s. 13.\n\nPart 3A—Performance of identity verification functions by agreement\n\nS. 14A inserted by No. 6/2022 s. 13.\n\n\t14A Performance of identity verification functions by agreement\n\n(1) The Service Victoria CEO and a service agency head, or a person authorised by the service agency head, may agree in writing for the Service Victoria CEO to perform an identity verification function of the service agency.\n\n(2) On the coming into force of an agreement under subsection (1), the Service Victoria CEO may perform the identity verification function for or on behalf of the service agency.\n\n(3) Subsection (2) applies despite anything to the contrary in the law (if any) that confers the identity verification function on the service agency.\n\nS. 14A(4) repealed by No. 5/2024 s. 17.\n\n* * * * *\n\nS. 14B inserted by No. 6/2022 s. 13.\n\n\t14B Performance of identity verification functions from other jurisdictions by agreement\n\n(1) The Service Victoria CEO and a non‑Victorian government agency head, or a person authorised by the non-Victorian government agency head, may agree in writing for the Service Victoria CEO to perform an identity verification function of the non-Victorian government agency.\n\nS. 14B(1A) inserted by No. 5/2024 s. 16(1).\n\n(1A) Without limiting subsection (1), an agreement under that subsection may provide for the Service Victoria CEO to charge the non-Victorian government agency for services provided by, or on behalf of, the Service Victoria CEO in the performance of the identity verification function.\n\n(2) On the coming into force of an agreement under subsection (1), the Service Victoria CEO may perform the identity verification function for or on behalf of the non‑Victorian government agency in accordance with the agreement.\n\nS. 14B(3) amended by No. 5/2024 s. 16(2).\n\n(3) Subsections (1A) and (2) apply subject to the law (if any) that confers the identity verification function on the non-Victorian government agency.\n\nPt 3B (Heading and ss 14C–14E) inserted by No. 6/2022 s. 13.\n\nPart 3B—Delegation, authorisation and sub-delegation of identity verification functions\n\nS. 14C inserted by No. 6/2022 s. 13.\n\n\t14C Application of Part\n\nThis Part applies despite anything to the contrary in any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\nS. 14D inserted by No. 6/2022 s. 13.\n\n\t14D Delegation and authorisation of identity verification functions\n\n(1) This section applies if—\n\n(a) an enactment confers a function on a service agency or service agency head; and\n\n(b) the enactment permits the delegation or authorisation of that function.\n\n(2) A service agency or a service agency head, in writing, may delegate to the Service Victoria CEO, or authorise the performance by the Service Victoria CEO of, the following functions—\n\n(a) an identity verification function under an enactment to which this section applies (including an identity verification function in paragraph (b) or (c)), irrespective of whether the Service Victoria CEO is a person, or belongs to a class of person, to whom functions can be delegated or authorised under that enactment;\n\n(b) an identity verification function that may be implied from a function under an enactment to which this section applies (including an identity verification function in paragraph (a) or (c));\n\n(c) an identity verification function that forms part of a function under an enactment to which this section applies (including an identity verification function in paragraph (a) or (b)).\n\nS. 14E inserted by No. 6/2022 s. 13.\n\n\t14E Sub-delegation of identity verification functions\n\n(1) The Service Victoria CEO may, subject to any conditions specified in the delegation, sub-delegate an identity verification function that has been delegated to the Service Victoria CEO under this Part or the enactment that confers the function on the service agency or service agency head, to a person, or class of person, referred to in section 52.\n\n(2) Sections 42 and 42A of the **Interpretation of Legislation Act 1984** apply to a sub‑delegation authorised by this section in the same way as they apply to a delegation.\n\nPt 3C (Heading and s. 14F) inserted by No. 6/2022 s. 13.\n\nPart 3C—Performance of functions—Ministerial direction\n\nS. 14F inserted by No. 6/2022 s. 13.\n\n\t14F Performance of functions—Ministerial direction\n\n(1) The Minister, in writing, may direct the Service Victoria CEO to perform a specified function (including but not limited to a customer service function or an identity verification function) for the purposes of the delivery of Government services.\n\n(2) A function specified in a direction under subsection (1) is in addition to any other functions the Service Victoria CEO has under this Act or any other law.\n\n(3) The Service Victoria CEO must comply with a direction given under subsection (1) according to its terms.\n\n(4) A direction under subsection (1) must be published in the Government Gazette as soon as reasonably practicable after it is made.\n\n(5) A direction under subsection (1) is not invalid merely because of a failure to comply with subsection (4).\n\nPt 3D (Heading and s. 14G) inserted by No. 5/2024 s. 15.\n\nPart 3D—Performance of functions by Service Victoria CEO on behalf of non-government entities\n\nS. 14G inserted by No. 5/2024 s. 15.\n\n\t14G Performance of functions for non‑government entities by agreement\n\n(1) The Service Victoria CEO and a non‑government entity may agree in writing for the Service Victoria CEO to perform all or part of a function that the Service Victoria CEO may perform under this Act or any other law for or on behalf of the non‑government entity.\n\n(2) Without limiting subsection (1), an agreement under that subsection may provide for the following—\n\n(a) fees or charges payable by the non‑government entity for services provided to the non-government entity for the performance of the relevant function by the Service Victoria CEO for or on behalf of the non-government entity;\n\n(b) arrangements for the joint performance of the relevant function by the non‑government entity and the Service Victoria CEO;\n\n(c) the performance by the Service Victoria CEO of functions that are ancillary to the relevant function.\n\n(3) On the coming into force of an agreement under subsection (1), the Service Victoria CEO may perform the relevant function for or on behalf of the non‑government entity in accordance with the agreement.\n\n(4) In this section—\n\n***relevant function*** means a function, or part of a function, that is the subject of an agreement under subsection (1).\n\nPt 3E (Heading and s. 14H) inserted by No. 5/2024 s. 15.\n\nPart 3E—Performance of functions by non-government entities\n\nS. 14H inserted by No. 5/2024 s. 15.\n\n\t14H Performance of functions by non‑government entities\n\n(1) The Service Victoria CEO and a non‑government entity may agree in writing for the non‑government entity to perform all or part of a function that the Service Victoria CEO may perform under this Act or any other law, other than a function of the Service Victoria CEO set out in section 15(b), (d) or (g).\n\n(2) Without limiting subsection (1), an agreement under that subsection may provide for the following—\n\n(a) fees or charges payable by the non‑government entity for services provided to the non-government entity for the purposes of enabling it to perform the relevant function;\n\n(b) arrangements for the joint performance of the relevant function by the non‑government entity and the Service Victoria CEO;\n\n(c) the performance by the non‑government entity of functions that are ancillary to the relevant function.\n\n(3) On the coming into force of an agreement under subsection (1), either the Service Victoria CEO or the non-government entity or both (as appropriate) may perform the relevant function for or on behalf of a relevant service agency or the Service Victoria CEO (as appropriate).\n\n(4) Subsection (3) applies despite anything to the contrary in the law (if any) that confers the relevant function on the service agency.\n\n(5) In this section—\n\n***relevant function*** means a function, or part of a function, that is the subject of an agreement under subsection (1).\n\nPart 4—Role of Service Victoria\n\n\t15 Functions of Service Victoria CEO\n\nThe Service Victoria CEO has the following functions—\n\n(a) to perform transferred customer service functions;\n\nS. 15(ab) inserted by No. 6/2022 s. 14(a).\n\n(ab) to perform customer service functions—\n\n(i) under an agreement under Part 2A; or\n\n(ii) delegated or authorised under Part 2B or another enactment;\n\n(b) to develop customer service standards to improve the delivery of Government services to individuals;\n\nS. 15(c) substituted by Nos 6/2022 s. 14(b), 5/2024 s. 6(1).\n\n(c) to verify identity;\n\n(d) to assist the Minister to develop identity verification standards to achieve a consistent and secure process to verify identity;\n\n(e) to issue electronic identity credentials;\n\n(f) to provide advice and information on matters relating to customer service functions and identity verification functions;\n\nS. 15(fa) inserted by No. 6/2022 s. 14(c).\n\n(fa) to perform any functions as directed by the Minister under Part 3C;\n\nS. 15(fb) inserted by No. 6/2022 s. 14(c), repealed by No. 5/2024 s. 26.\n\n* * * * *\n\nS. 15(fc) inserted by No. 6/2022 s. 14(c).\n\n(fc) to establish and maintain service agency databases;\n\nS. 15(fd) inserted by No. 5/2024 s. 6(2).\n\n(fd) to support the digital delivery of Government services;\n\nS. 15(fe) inserted by No. 5/2024 s. 6(2).\n\n(fe) to establish and maintain a centralised point of contact for access to Government services;\n\nS. 15(g) amended by Nos 6/2022 s. 14(d), 5/2024 s. 6(3).\n\n(g) to perform functions ancillary to a function referred to in paragraphs (a), (ab), (b), (c), (fa), (fc), (fd) and (fe);\n\nS. 15(h) amended by No. 6/2022 s. 14(e).\n\n(h) to perform any other functions conferred by or under this Act or any other law.\n\n\t16 Powers of Service Victoria CEO\n\n(1) The Service Victoria CEO has power to do all things that are necessary or convenient to be done for or in connection with the performance of the Service Victoria CEO's functions.\n\nS. 16(2) substituted by No. 6/2022 s. 15.\n\n(2) In addition to subsection (1), for the purposes of performing a customer service function or identity verification function that is conferred on a service agency under an enactment, the Service Victoria CEO may exercise any power (whether express or implied) under the enactment that is necessary or convenient to be exercised to perform that customer service function or identity verification function.\n\nS. 17 repealed by No. 5/2024 s. 27, new s. 17 inserted by No. 14/2025 s. 53.\n\n\t17 Power to impose fees and charges\n\nThe Service Victoria CEO may impose fees and charges payable for services and products delivered under this Act if—\n\n(a) the fee or charge is not payable under any other Act or regulations providing for the delivery of the service or product; and\n\n(b) the fee or charge and its amount is prescribed under this Act; and\n\n(c) the service or product is—\n\n(i) to provide or improve access to Government services, including to make the services quicker, more accessible or more convenient; or\n\n(ii) to support a person to verify their identity, or to share information relating to that person, with another person or entity; or\n\n(iii) to receive information from, or deliver information to, Service Victoria, a service agency, a non‑Victorian government agency or a non-government entity; or\n\n(iv) a prescribed service or product, or belongs to a prescribed class of service or product.\n\n\t18 Exercise of power not to give applications or requests to service agency for determination\n\n(1) This section applies if the Service Victoria CEO does not give an application or request for an authority or official information document that the Service Victoria CEO has received to the appropriate service agency for determination because the application or request does not meet the requirements under the relevant enactment.\n\n(2) The exercise of that power is not to be taken to be a decision of the service agency to reject or refuse the application or request.\n\nPt 4A (Heading and s. 18A) inserted by No. 6/2022 s. 16.\n\nPart 4A—Service Victoria accounts\n\nS. 18A inserted by No. 6/2022 s. 16.\n\n\t18A Creation of Service Victoria accounts\n\nThe Service Victoria CEO may require a person to create a Service Victoria account for the purposes of the Service Victoria CEO performing a function under this Act if the Service Victoria CEO considers it to be reasonably necessary for the performance of that function.\n\nPart 5—Customer service functions\n\nDivision 1—Performance of  \ncustomer service functions\n\n\t19 Service Victoria CEO must comply with customer service standards\n\nThe Service Victoria CEO must comply with customer service standards when performing—\n\n(a) transferred customer service functions; or\n\nS. 19(ab) inserted by No. 6/2022 s. 17(1)(a).\n\n(ab) customer service functions—\n\n(i) under an agreement under Part 2A; or\n\n(ii) delegated or authorised under Part 2B or another enactment;\n\nS. 19(ac) inserted by No. 6/2022 s. 17(1)(a).\n\n(ac) customer service functions as directed by the Minister under Part 3C;\n\nS. 19(b) amended by No. 6/2022 s. 17(1)(b).\n\n(b) a function that is ancillary to a function described in paragraph (a), (ab) or (ac).\n\nExample to s. 19 repealed by No. 6/2022 s. 17(2).\n\n* * * * *\n\nDivision 2—Customer service standards\n\n\t20 Development of customer service standards\n\n(1) The Service Victoria CEO must develop standards that relate to one or more of the following—\n\n(a) the customer experience with the provision of services;\n\n(b) the development and design of processes for the provision of services;\n\n(c) the handling of customer complaints, including response times for handling customer complaints;\n\n(d) the monitoring of and reporting on compliance with the customer service standards;\n\n(e) any other matter related to the exercise of customer service functions.\n\n(2) Customer service standards must be published on the Internet.\n\nPt 5 Div. 3 (Heading and ss 21–24) amended by No. 6/2022 ss 18–20, repealed by No. 5/2024 s. 28.\n\n* * * * *\n\nPt 5A (Heading and ss 24A–24D) inserted by No. 6/2022 s. 21.\n\nPart 5A—Authorities and official information documents\n\nS. 24A inserted by No. 6/2022 s. 21.\n\n\t24A Form of authorities and official information documents\n\n(1) Subject to subsection (2), if a customer service function requires the delivery, giving, grant or issue (however described) of an authority or official information document under an enactment, the Service Victoria CEO, in performing the function, may satisfy that requirement by delivering the authority or document in one or more of the following forms—\n\n(a) a hard copy;\n\n(b) an electronic document;\n\n(c) a digital token.\n\n(2) The Service Victoria CEO must deliver the authority or official information document—\n\n(a) in the form agreed with the service agency head or the person authorised by the service agency head; or\n\n(b) otherwise in accordance with the agreement, authorisation, delegation, direction or regulations that provide for the performance of the customer service function by the Service Victoria CEO under this Act or another enactment.\n\nS. 24B inserted by No. 6/2022 s. 21.\n\n\t24B Delivery of authority or official information document taken to satisfy requirements\n\n(1) Subject to subsection (2), the delivering of an authority or official information document in accordance with section 24A is taken to satisfy any requirement under an enactment in relation to the delivery, giving, granting or issuing (however described) of the authority or document.\n\n(2) The authority or official information document must include all the information that is required to be contained in or displayed on the authority or document under the enactment.\n\nS. 24C inserted by No. 6/2022 s. 21.\n\n\t24C Production of authority or official information document in form delivered by Service Victoria CEO taken to satisfy requirements\n\nA requirement under an enactment for a person to produce or display an authority or official information document is taken to be satisfied if—\n\n(a) for a hard copy or electronic document, the person produces or displays the authority or official information document in the form delivered to the person by the Service Victoria CEO under this Part; or\n\n(b) for a digital token, the person—\n\n(i) produces or displays a current and valid digital token delivered to the person by the Service Victoria CEO; and\n\n(ii) if asked to do so, the person confirms the digital token is current and valid, including by refreshing or updating, or attempting to refresh or update, the digital token to show that it is the most recent version; and\n\n(iii) complies with any additional prescribed requirements in relation to producing or displaying the digital token.\n\nS. 24D inserted by No. 6/2022 s. 21.\n\n\t24D Surrender or destruction of authority or official information document taken to be satisfied in certain circumstances\n\n(1) This section applies if an authority or official information document has been delivered as an electronic document or a digital token to a person by the Service Victoria CEO under this Part.\n\n(2) A requirement under an enactment for a person to surrender or destroy (however described) the authority or official information document is taken to be satisfied if—\n\n(a) the person destroys, deletes or otherwise surrenders the authority or document so that it can no longer be readily used or accessed by the person; or\n\n(b) for a digital token, the Service Victoria CEO ceases to deliver the digital token to the person.\n\nPart 6—Identity verification and electronic identity credentials\n\nPt 6 Div. 1 (Heading and s. 25) repealed by No. 5/2024 s. 19.\n\n* * * * *\n\nPt 6 Div. 2 (Heading and ss 26–40) amended by No. 6/2022 ss 22–24, repealed by No. 5/2024 s. 19.\n\n* * * * *\n\nDivision 3—Identity verification standards\n\n\t41 Minister may make identity verification standards\n\n(1) The Minister may make identity verification standards for the purpose of achieving a consistent and secure identity verification framework for transactions.\n\n(2) The identity verification standards are to deal with digital and non-digital processes and are to deal with, but are not limited to, the following issues—\n\n(a) determination of the level of assurance required for each transaction and any subsequent process for approval by the service agency Minister;\n\n(b) the identity information required for each level of assurance;\n\n(c) the process for any exceptions to be applied if an individual's identity cannot be readily identified;\n\nS. 41(2)(ca) inserted by No. 5/2024 s. 20.\n\n(ca) the process for the application for an electronic identity credential;\n\nS. 41(2)(cb) inserted by No. 5/2024 s. 20.\n\n(cb) the process for issuing and refusing to issue electronic identity credentials;\n\nS. 41(2)(cc) inserted by No. 5/2024 s. 20.\n\n(cc) the process for the renewal, suspension and cancellation of electronic identity credentials;\n\n(d) any terms and conditions applying to the issue and renewal of an electronic identity credential.\n\n(3) The Minister must have regard to the guiding principles set out in section 42 when making the identity verification standards.\n\n(4) The identity verification standards are a legislative instrument within the meaning of the **Subordinate Legislation Act 1994**.\n\n\t42 Guiding principles for making and use of identity verification standards\n\nThe following are the guiding principles for making and using the identity verification standards—\n\nS. 42(a) substituted by No. 5/2024 s. 21.\n\n(a) user choice—individuals are to be able to choose whether to store a record of an electronic identity credential for future use;\n\n(b) minimal data is to be requested and stored—individuals must not be asked to provide more information than necessary in order for Service Victoria to verify the individual's identity and personal information can only be stored with the individual's consent, unless required by law;\n\n(c) risk-based approach to identity verification—a consistent and evidence-based approach is to be employed to determine the level of assurance of identity required for transactions;\n\n(d) security, transparency and accountability—Service Victoria, and any external service providers engaged to provide identity verification services are to be regularly audited by an independent entity to ensure compliance with privacy and data security requirements;\n\n(e) flexibility—the standards must, to the extent practicable, be able to adapt to new technologies or methods of identity verification;\n\n(f) national consistency—the standards must, to the extent practicable, align to national requirements, as set out in any relevant national framework or guidelines as in force from time to time.\n\nS. 43 substituted by No. 5/2024 s. 22.\n\n\t43 Service Victoria CEO to use identity verification standards\n\n(1) The Service Victoria CEO must use the identity verification standards—\n\n(a) when verifying identity; and\n\n(b) when performing a function under this Part.\n\n(2) The requirements of an identity verification function to obtain information relating to an individual's identity or to verify an individual's identity are met if the Service Victoria CEO, when performing the identity verification function for or on behalf of a service agency, non-Victorian government agency or non-government entity—\n\n(a) issues an electronic identity credential to the individual in accordance with the identity verification standards; and\n\n(b) notifies the agency or entity of the issue of the electronic identity credential.\n\n(3) Subsection (2) applies despite anything to the contrary in the enactment (if any) that confers the identity verification function on a service agency or non-Victorian government agency.\n\nPt 6 Div. 4 (Heading and ss 44–47) amended by No. 6/2022 ss 25–27, repealed by No. 5/2024 s. 29.\n\nPt 6A (Heading and ss 47A–47I) inserted by No. 6/2022 s. 28.\n\nPart 6A—Service agency databases\n\nS. 47A inserted by No. 6/2022 s. 28.\n\n\t47A Service agency database—agreement with service agency\n\nS. 47A(1) amended by No. 5/2024 s. 7(1).\n\n(1) The Service Victoria CEO may enter into an agreement with a service agency head, or an entity authorised by the service agency head, for the Service Victoria CEO to establish and maintain a database for the purpose of recording information on behalf of the service agency.\n\nS. 47A(2) repealed by No. 5/2024 s. 7(2).\n\n* * * * *\n\nS. 47B inserted by No. 6/2022 s. 28.\n\n\t47B Service agency database—Ministerial direction\n\nIf the Minister directs the Service Victoria CEO to perform a function under section 14F(1), the Minister may, in writing, direct the Service Victoria CEO to establish and maintain a database for the purpose of recording information necessary for the performance of that function.\n\nS. 47C inserted by No. 6/2022 s. 28.\n\n\t47C Collection, use or disclosure of information in service agency databases\n\nS. 47C(1) amended by No. 5/2024 s. 30(1).\n\n(1) Without affecting any other power or obligation of the Service Victoria CEO to use or disclose information, the Service Victoria CEO may disclose information in a service agency database established and maintained under section 47A to the service agency on behalf of which the database is established and maintained.\n\nS. 47C(2) repealed by No. 5/2024 s. 30(2).\n\n* * * * *\n\nS. 47D inserted by No. 6/2022 s. 28.\n\n\t47D Application of Act to service agency databases\n\nThis Act, other than this Part and Parts 1, 7 and 8, does not apply to the use, disclosure or retention of information in a service agency database under section 47A by the service agency on whose behalf the database is established and maintained.\n\nS. 47E inserted by No. 6/2022 s. 28.\n\n\t47E Changes to information recorded in a service agency database by service agency\n\nA service agency on whose behalf a service agency database is established and maintained under section 47A may make changes to the information in the database.\n\nS. 47F inserted by No. 6/2022 s. 28, repealed by No. 5/2024 s. 31.\n\n* * * * *\n\nS. 47G inserted by No. 6/2022 s. 28, repealed by No. 5/2024 s. 8.\n\n* * * * *\n\nS. 47H inserted by No. 6/2022 s. 28.\n\n\t47H Ministerial guidelines\n\n(1) The Minister may issue guidelines in relation to the establishment and maintenance of service agency databases.\n\n(2) The Service Victoria CEO must comply with any guidelines issued by the Minister under subsection (1).\n\nS. 47I inserted by No. 6/2022 s. 28.\n\n\t47I Ministerial delegation\n\nThe Minister, by instrument, may delegate any function or power conferred on the Minister under this Part to a person (other than the Service Victoria CEO) employed under Part 3 of the **Public Administration Act 2004**.\n\nPart 7—Offences\n\n\t48 Improper issue of electronic identity credentials\n\nA person must not knowingly issue an electronic identity credential to an individual to whom the credential does not relate.\n\nPenalty: 240 penalty units or 2 years imprisonment or both.\n\nS. 49 amended by No. 5/2024 s. 23.\n\n\t49 False or misleading statement in applications\n\nAn individual who applies for an electronic identity credential, an increase in the level of assurance of an electronic identity credential or the renewal of an electronic identity credential must not—\n\n(a) include in the application a statement or information that the individual knows to be false or misleading in a material particular; or\n\n(b) provide with that application any document that the individual knows to be false or misleading in a material particular.\n\nPenalty: 240 penalty units or 2 years imprisonment or both.\n\n\t50 Unauthorised access to, use of or disclosure of data or information\n\n(1) A person must not, without reasonable excuse, access, use or disclose any data or information obtained by the person under this Act other than—\n\n(a) in accordance with this Act; or\n\n(b) in connection with the performance of functions under this Act.\n\nPenalty: 240 penalty units or 2 years imprisonment or both.\n\n(2) Without limiting what may be a reasonable excuse, it is a reasonable excuse if the access, use or disclosure was made—\n\n(a) in good faith for the purposes of this Act; or\n\n(b) with the consent of the person to whom the information relates; or\n\n(c) to a court or tribunal in the course of legal proceedings; or\n\n(d) pursuant to an order of a court or tribunal; or\n\n(e) 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; or\n\n(f) to an Australian legal practitioner for the purpose of obtaining legal advice or representation; or\n\n(g) as required or authorised by or under this Act or any other Act.\n\n\t51 Restrictions on access, use or disclosure of data or information\n\nA person must not access, use or disclose any data or information obtained by the person under this Act if the person knows or is reckless as to whether the data or information may be used (whether by the person or any other person) to—\n\n(a) endanger the life or physical safety of any person; or\n\n(b) commit, or assist in the commission of, an indictable offence; or\n\n(c) impede or interfere with the administration of justice.\n\nPenalty: 600 penalty units or 5 years imprisonment or both.\n\nPart 8—General\n\nS. 52 amended by No. 6/2022 s. 29(a)(b).\n\n\t52 Delegation\n\nThe Service Victoria CEO, by instrument, may delegate any function or power conferred on the Service Victoria CEO under this Act, the regulations or any other law to—\n\nS. 52(aa) inserted by No. 6/2022 s. 29(c).\n\n(aa) a person employed under Part 3 of the **Public Administration Act 2004**; or\n\n(a) a prescribed person; or\n\n(b) a prescribed class of person.\n\n**Note**\n\nA power to delegate does not include the power to delegate that power of delegation unless the contrary intention appears (see section 42A(1) of the **Interpretation of Legislation Act 1984**).\n\n\t53 Reporting requirements\n\n(1) The Service Victoria CEO must provide a report to the Information Commissioner on the operation of Service Victoria in relation to personal information (other than health information) at intervals of no longer than 12 months.\n\n(2) The Service Victoria CEO must provide a report to the Health Complaints Commissioner on the operation of Service Victoria in relation to health information at intervals of no longer than 12 months.\n\nS. 53(3) amended by No. 6/2022 s. 30, repealed by No. 5/2024 s. 24.\n\n* * * * *\n\nS. 54 substituted by No. 5/2024 s. 32.\n\n\t54 Use and disclosure of information by Service Victoria CEO\n\n(1) This section does not affect any use or disclosure of information that would otherwise be permitted by or under any Act or law.\n\n(2) The Service Victoria CEO may disclose regulated information—\n\n(a) for the purposes of performing a function under this Act—\n\n(i) to the entity to which the information relates; or\n\n(ii) to the entity on behalf of which the Service Victoria CEO is performing the function; or\n\n(iii) in the case of a function conferred by an enactment or a law on a service agency or non-Victorian government agency, to any entity to which that agency may disclose the information under the enactment or law that confers the function on the agency; or\n\n(b) with the consent, whether express or implied, of—\n\n(i) the entity to which the information relates; or\n\n(ii) the entity that provided the information to the Service Victoria CEO; or\n\n(c) to a prescribed entity for a prescribed purpose.\n\nS. 54A inserted by No. 6/2022 s. 31.\n\n\t54A Use and disclosure of regulated information by service agency\n\n(1) This section applies despite anything to the contrary in any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**) or law.\n\nS. 54A(2) amended by No. 5/2024 s. 9(1).\n\n(2) A service agency is authorised to disclose regulated information that the agency holds to the Service Victoria CEO for the purpose of enabling any of the following functions to be performed—\n\n(a) transferred customer service functions;\n\n(b) customer service functions—\n\n(i) under an agreement under Part 2A; or\n\n(ii) delegated or authorised under Part 2B or another enactment;\n\n(c) transferred identity verification functions;\n\n(d) identity verification functions—\n\n(i) under an agreement under Part 3A; or\n\n(ii) delegated or authorised under Part 3B or another enactment;\n\n(e) a function as directed by the Minister under Part 3C;\n\n(f) establishing and maintaining a service agency database;\n\n(g) a function that is ancillary to a function described in paragraphs (a) to (f).\n\nNote to s. 54A(2) repealed by No. 5/2024 s. 9(2).\n\n* * * * *\n\nS. 55 substituted by No. 5/2024 s. 10.\n\n\t55 Collection, holding, management and use of regulated information by Service Victoria CEO\n\n(1) This section—\n\n(a) applies despite anything to the contrary in any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**) or law; and\n\n(b) does not affect any collection, holding, management or use of information that would otherwise be permitted by or under any Act or law.\n\n(2) The Service Victoria CEO may collect, hold, manage or use information disclosed by a service agency in accordance with section 54A for the purpose for which the information was disclosed under that section.\n\n\t56 Audit\n\n(1) The Minister, in writing, may require the Service Victoria CEO to conduct an audit of the compliance with this Act of any computerised database maintained by Service Victoria for the purposes of this Part.\n\n(2) An audit required under subsection (1) must be undertaken by an independent auditor.\n\n(3) The Service Victoria CEO must submit a copy of the auditor's report on the outcome of an audit required under subsection (1) to the Minister within 10 days after receiving that report.\n\nS. 56A inserted by No. 6/2022 s. 32.\n\n\t56A Refunds by Service Victoria CEO\n\n(1) The Service Victoria CEO may refund any amount of payment received by the Service Victoria CEO—\n\n(a) to meet a requirement under law; or\n\n(b) if the Service Victoria CEO considers an error or mistake has been made in the payment.\n\n(2) The Consolidated Fund is appropriated to the extent necessary for the purposes of subsection (1).\n\nS. 57 repealed by No. 5/2024 s. 11.\n\n* * * * *\n\n\t58 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter required or permitted by this Act to be prescribed or  necessary or convenient to be prescribed to give effect to this Act.\n\n(2) Regulations made under this section may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstances;\n\n(c) confer a discretionary power or authority or impose a duty on a specified person or body or a class of person or body;\n\n(d) exempt specified persons or things or classes of person or classes of thing from complying with all or any of the regulations—\n\n(i) whether unconditionally or on specified conditions; and\n\n(ii) either wholly or to such an extent as is specified;\n\n(e) apply, adopt or incorporate any matter contained in any document whether—\n\n(i) wholly or partially or as amended by the regulations; or\n\n(ii) as in force at a particular time; or\n\nS. 58(2)(e)(iii) amended by No. 14/2025 s. 54(1).\n\n(iii) as in force from time to time;\n\nS. 58(2)(f) inserted by No. 14/2025 s. 54(2).\n\n(f) for the purposes of section 17, prescribe payable fees and charges, including as—\n\n(i) specific fees or charges; or\n\n(ii) maximum fees or charges; or\n\n(iii) fees or charges that vary according to differences in time, place or circumstances;\n\nS. 58(2)(g) inserted by No. 14/2025 s. 54(2).\n\n(g) provide for the reduction, waiver, deferral or refund, in whole or part, of fees or charges under section 17;\n\nS. 58(2)(h) inserted by No. 14/2025 s. 54(2).\n\n(h) prescribe the circumstances in which any reduction, waiver, deferral or refund, in whole or part, of fees or charges under section 17, apply.\n\nS. 58(2A) inserted by No. 14/2025 s. 54(3).\n\n(2A) If the regulations provide for a refund in whole or part, of a fee or charge, the Consolidated Fund is appropriated to the necessary extent to enable any refund to be paid.\n\n(3) Without limiting the requirements of section 5 or 10, the Minister must not recommend to the Governor in Council the making of a regulation—\n\n(a) for the purposes of section 5 prescribing as a transferred customer service function a customer service function of a service agency which is a Council; or\n\n(b) for the purposes of section 10 prescribing as a transferred identity verification function an identity verification function of a service agency which is a Council—\n\nunless the Minister has obtained the prior agreement to that transfer of the relevant Council or Councils whose functions are to be transferred.\n\nS. 58(4) inserted by No. 5/2024 s. 33.\n\n(4) The Minister must not recommend to the Governor in Council the making of a regulation for the purposes of section 54(2)—\n\n(a) prescribing an entity as an entity to which the Service Victoria CEO may disclose regulated information; or\n\n(b) prescribing a purpose as a purpose for which the Service Victoria CEO may disclose regulated information—\n\nunless the Minister has consulted the Information Commissioner on the proposed regulation.\n\nPt 9 (Heading and ss 59, 60) inserted by No. 6/2022 s. 33.\n\nPart 9—Transitional provisions\n\nS. 59 inserted by No. 6/2022 s. 33, repealed by No. 5/2024 s. 12.\n\n* * * * *\n\nS. 60 inserted by No. 6/2022 s. 33.\n\n\t60 Service Victoria Amendment Act 2022—databases\n\nOn and from the commencement of section 28 of the **Service Victoria Amendment Act 2022**, any database established and maintained by the Service Victoria CEO on behalf of a service agency or the Minister is taken—\n\n(a) in the case of a database established and maintained on behalf of a service agency, to be established and maintained under section 47A; and\n\n(b) in the case of a database established and maintained on behalf of the Minister, to be established and maintained under section 47B.\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\n*Minister's second reading speech—*\n\nLegislative Assembly: 1 November 2017\n\nLegislative Council: 21 November 2017\n\nThe long title for the Bill for this Act was \"A Bill for an Act to provide for the delivery of Government services to the public by Service Victoria and for other purposes.\"\n\nThe **Service Victoria Act 2018** was assented to on 15 May 2018 and came into operation on 1 July 2018: Special Gazette (No. 284) 19.6.18 p. 1.\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 **Service Victoria Act 2018** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| --- | --- |\n| Commencement Date: | S. 390(Sch. 1 item 91) 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 **Service Victoria Act 2018** |\n\n\n**Worker Screening Act 2020, No. 34/2020**\n\n| Assent Date: | 4.11.20 |\n| --- | --- |\n| Commencement Date: | S. 240 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 **Service Victoria Act 2018** |\n\n\n**Service Victoria Amendment Act 2022, No. 6/2022**\n\n| Assent Date: | 1.3.22 |\n| --- | --- |\n| Commencement Date: | Ss 4–33 on 9.3.22: Special Gazette (No. 115) 8.3.22 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Service Victoria Act 2018** |\n\n\n**Service Victoria Amendment Act 2024, No. 5/2024**\n\n| Assent Date: | 27.2.24 |\n| --- | --- |\n| Commencement Date: | Ss 4–33 on 29.5.24: Special Gazette (No. 275) 28.5.24 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Service Victoria Act 2018** |\n\n\n**Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025**\n\n| Assent Date: | 20.5.25 |\n| --- | --- |\n| Commencement Date: | Ss 53, 54 on 21.5.25: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Service Victoria Act 2018** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original purpose of delivering Victorian Government services. The 2022 amendments introduced: (1) performance of functions for non-Victorian government agencies (interstate/international scope), (2) service agency databases, and (3) ministerial directions for new functions. The 2024 amendments further expanded scope to include: (1) non-government entities (private sector) both as recipients of services and as performers of functions, (2) removal of specific account/credential types in favour of broader frameworks, and (3) enhanced fee-setting powers. The original 'service delivery' focus has become a broader 'digital platform and identity infrastructure' enabling public-private partnerships and cross-border service delivery."},"complexity_factors":["Multiple overlapping mechanisms for transferring/performing functions: ministerial agreements, gazette notices, regulations, direct delegation, and voluntary agreements (Parts 2, 2A, 2B, 3, 3A, 3B, 3C, 3D, 3E)","Extensive defined terms section (section 3) with 30+ definitions, many cross-referencing other Acts (Public Administration Act 2004, Privacy and Data Protection Act 2014, etc.)","Nested conditional logic: functions can be transferred, then delegated back, then sub-delegated, with different rules applying at each level","Multiple exceptions and overrides: several sections apply 'despite anything to the contrary' in other laws (sections 9C, 14C, 54A, 55)","Complex scope expansion through amendments: original Act focused on Victorian government services, but 2022 and 2024 amendments added non-Victorian government agencies, non-government entities, and service agency databases","Conditional fee-setting powers (section 17) requiring prescription in regulations with multiple criteria","Cross-referencing between Parts: identity verification standards (Part 6) interact with function transfers (Parts 3, 3A, 3B) and database provisions (Part 6A)","Criminal offences with reasonable excuse defences requiring interpretation of multiple statutory conditions (section 50)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates **Service Victoria** — a central Victorian government agency that acts as a one-stop shop for delivering government services to the public. It allows Service Victoria to take over ('transfer') customer service and identity verification functions from other government agencies, and to perform these functions on behalf of other states, territories, and even private organisations.\n\n**Key things the law covers:**\n\n- **Customer service functions**: Handling applications for licences, permits, registrations, taking payments (fees, fines), and delivering official documents like birth certificates — either as hard copies, electronic documents, or digital tokens (digital versions stored on your phone).\n- **Identity verification**: Checking who people are before issuing services, and issuing **electronic identity credentials** (digital IDs) that can be used across government services.\n- **Transferring functions**: Government ministers can agree to move these functions from other agencies to Service Victoria. They can also be moved back if needed.\n- **Working with others**: Service Victoria can perform functions for other states/territories (non-Victorian government agencies) and for **non-government entities** (private businesses or organisations) by agreement.\n- **Databases**: Service Victoria can establish and maintain databases for other agencies to store information.\n- **Standards**: The CEO must follow customer service standards, and the Minister sets identity verification standards to ensure security and consistency.\n\n**Who it affects:**\n\n- **Victorian residents** — anyone applying for government services, licences, or needing to prove their identity digitally.\n- **Government agencies** ('service agencies') — departments, public bodies, Victoria Police, and local councils that can transfer their customer-facing functions to Service Victoria.\n- **Other jurisdictions** — other Australian states and territories that want to use Victoria's digital service infrastructure.\n- **Non-government entities** — private sector organisations that can now use Service Victoria's systems or even perform certain functions on behalf of Service Victoria.\n\n**Why it matters:**\n\nThis law is the legal backbone for Victoria's digital transformation of government services. It aims to make dealing with government simpler, faster, and more secure by creating a single point of contact, enabling digital identity verification, and allowing flexible arrangements where private sector or interstate partners can plug into the system. It also contains strict privacy protections and criminal offences for misusing data or improperly issuing digital credentials."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act has materially expanded beyond a narrow customer-service delivery statute. The original purpose was to provide for Government service delivery by Service Victoria (s 1). Subsequent amendments broadened Service Victoria’s statutory role to include: a formal identity‑verification regime and the issue of electronic identity credentials (ss 15(c), 41–43, 15(e)); authority to establish and maintain service‑agency databases and to receive regulated information from agencies (ss 47A–47B, 54, 54A, 55); powers to perform functions for or delegate functions to non‑Victorian government agencies and non‑government entities (ss 9B, 14B, 14G, 14H); and an explicit fee and refund framework for services and credentials (s 17, s 58). The Ministerial direction power (s 14F) and provisions that allow the Act to operate despite other statutory provisions (subject to the Charter) further centralise operational control. These changes moved the Act from being primarily about front‑line transaction delivery to a broader platform role covering identity, data aggregation, cross‑jurisdictional service delivery and commercial arrangements."},"complexity_factors":["Extensive interpretation section (s 3) with 30+ defined terms and many cross-references to other Acts (Privacy and Data Protection Act 2014, Public Administration Act 2004, FOI Act, etc.)","Multiple overlapping transfer mechanisms: transfer by agreement, by Ministerial notice, by regulation, and by delegation (see ss 5,10,9A,14A,9D,14D) — creates conditional paths depending on which option is used","Separate but parallel regimes for customer service functions and identity verification functions with mirroring provisions (Parts 2/2A/2B and Parts 3/3A/3B) — duplication increases cross-referencing","Broad delegation and sub-delegation rules (ss 9E,14E,52) and multiple ‘applies despite anything’ clauses (ss 9C,14C, s 55) that override other statutes except the Charter — raises interpretive complexity","Data regime and exceptions: service agency databases (ss 47A–47B), regulated information collection/use (ss 54,54A,55), reporting and audit obligations (ss 53,56) — technical and privacy interactions with other laws","Numerous amendments inserted and repealed parts (amendments in 2022, 2024, 2025) producing regime changes and repealed provisions — requires checking historical versions when advising on legacy arrangements","Regulatory and fee powers are extensive and conditional: regulations may prescribe transferred functions, fees, refunds and disclosure recipients but include consultation and consent conditions (s 58 and its subclauses)","Ministerial direction powers (s 14F) and ability to perform functions for non-government entities (ss 14G,14H) expand scope and create many contractual and policy permutations"],"plain_english_summary":"**What this law does (simple):**\n\n- The Act makes Service Victoria the central body that can deliver many government-facing services and verify people’s identity on behalf of other public agencies. (Service Victoria is either a prescribed Administrative Office or the Department responsible to the Minister under the Act.)\n\n- It provides legal mechanisms for customer-facing tasks (like taking applications, issuing licences or certificates, handling payments and delivering documents) and identity-verification tasks (including issuing electronic identity credentials) to be transferred to, performed by, or delegated to the Service Victoria CEO. (See sections 5, 9A, 10, 14A and 15.)\n\n**Who it affects:**\n\n- Service Victoria (the CEO and staff) — the Act creates statutory functions, powers and duties for the CEO (s 15–16).\n- State service agencies (ministers, departments, Victoria Police, councils, other prescribed public bodies) — their customer service and identity-verification functions can be transferred or performed by Service Victoria under written agreements, notices or regulation (ss 4, 5, 10, 9B, 14B, 47A). \n- Non‑Victorian government agencies and some non‑government entities — the Act allows Service Victoria to perform functions for other jurisdictions or private entities by agreement (ss 9B, 14B, 14G, 14H).\n- Members of the public — they may be required to create a Service Victoria account for some services (s 18A), and may receive electronic identity credentials issued by Service Victoria (ss 15(e), 41–43).\n- Organisations that supply digital identity and service-delivery systems — the Act contemplates external providers and auditing of those services (s 42(d)).\n\n**How the mechanics work (step-by-step):**\n\n- Transfer or delegation: A service agency’s customer service or identity verification function can be moved to Service Victoria either by written agreement between the relevant ministers/agency heads (ss 5(1), 10(1), 9A, 14A) or, where the Minister is also the responsible agency Minister, by a Government Gazette notice (ss 5(3), 10(3)). Regulations prescribe which functions become “transferred”. Once transferred, Service Victoria performs them unless it delegates them back (ss 5(5), 7, 8, 13).\n\n- Performance by agreement across borders and to third parties: Service Victoria may perform functions for other States/Territories or for non‑government entities under written agreements; those agreements can allow Service Victoria to charge for services (ss 9B, 14B, 14G, 14H).\n\n- Identity verification and credentials: The Minister makes identity verification standards (s 41) guided by principles such as minimal data, choice, risk‑based assurance and auditing (s 42). Service Victoria must use those standards when verifying identity and can issue electronic identity credentials (ss 41–43, 15(e)). The standards set levels of assurance and processes for issuing, renewing, suspending or cancelling credentials (s 41(2)).\n\n- Data, databases and information flows: Service Victoria can establish and maintain databases on behalf of agencies (ss 47A–47B). The law authorises the collection, holding and use of “regulated information” (personal information, health information, identifiers) by Service Victoria for the purposes listed in the Act, and allows service agencies to disclose such information to Service Victoria for those purposes (ss 54, 54A, 55). The Act requires regular reporting and permits independent audits of Service Victoria systems (ss 53, 56).\n\n- Fees, accounts and refunds: Service Victoria may impose fees for services where not charged under another law, but only if the fee type and amount are prescribed (s 17); regulations may set specific or maximum fees and provide for reductions or refunds (s 58). The CEO may require users to create a Service Victoria account if reasonably necessary (s 18A). Service Victoria may refund payments and the Consolidated Fund is appropriated to cover refunds where regulations provide for that (s 56A, s 58(2A)).\n\n- Delegations and ministerial direction: The CEO may delegate or sub‑delegate functions (ss 52, 9E, 14E). The Minister may direct the CEO in writing to perform specified functions for the delivery of Government services; the CEO must comply (s 14F).\n\n- Offences and limits: The Act creates criminal offences for improper issue of electronic identity credentials, false statements in credential applications, and unauthorised access/use/disclosure of data (ss 48–51). Some provisions override other Acts (to enable centralisation) but do not override the Charter of Human Rights and Responsibilities (see various “applies despite” clauses).\n\n**Why it matters (practical implications and mechanisms):**\n\n- Centralisation and standardisation: Mechanically, the Act centralises customer-facing interactions and identity verification in one statutory actor (Service Victoria CEO). That reduces duplication of processes: agencies no longer need to run parallel front‑line ID checks and may rely on Service Victoria standards and credentials (ss 5–6, 15, 41–43).\n\n- Data concentration and information flows: Service Victoria is authorised to collect and hold regulated information disclosed by agencies (ss 54, 55, 54A). This concentrates sensitive personal and health data in Service Victoria systems and creates a single point where access controls, auditing and security are consequential (ss 42(d), 56).\n\n- Costs and who pays: The Act allows Service Victoria to charge fees for specified services (s 17). Agreements with other jurisdictions or non‑government entities may allow those parties to be charged for services (ss 9B(1A), 14B(1A), 14G(2)(a)). The Consolidated Fund may be used to enable refunds where the regulations provide (s 58(2A), s 56A(2)). Thus, costs may fall on end users, other agencies, non‑government entities or the Consolidated Fund depending on how regulations and agreements are structured.\n\n- Incentives and administrative trade‑offs: Agencies gain a way to offload transactional work and identity checks; Service Victoria gains scale and scope to centralise digital delivery and credentials (s 15(fc), s 15(fd)–(fe)). The Act allows the Minister to direct Service Victoria and to require databases be established (ss 14F, 47B), creating a strong central administrative steer. That can produce efficiency if implemented well, but increases implementation and compliance risk (technical build, privacy safeguards, staff training, interagency data agreements).\n\n- Oversight, constraints and residual choice: The Act builds in some checks: the Minister must consult the Information Commissioner before regulations that would expand disclosure power (s 58(4)); identity‑verification standards are subject to guiding principles including auditing (ss 41–42); councils’ functions cannot be prescribed as transferred without their prior agreement (s 58(3)). Criminal penalties target misuse of credentials and data (ss 48–51).\n\n**Key trade‑offs and implementation risks to watch for (mechanical, not ideological):**\n\n- Concentration of regulated information increases importance of strong technical, governance and audit controls (ss 42(d), 56).\n- The Act overrides some other laws to permit central collection/use (ss 9C, 14C, s 55), which simplifies operation but requires careful alignment with privacy and sectoral rules (s 55 also states it applies despite anything except the Charter).\n- Delegations and sub‑delegations are broad (ss 9E, 14E, 52), so operational responsibility can be pushed down; that expands the boundary of who is treated as acting under the Act.\n- The fee and charging powers (s 17 and s 58) introduce a revenue/invoicing function that will need policy settings and rules for refunds and concessions (s 58(2)(f)–(h), s 56A).\n\n**Most important sections to read first:** s 4 (who is a service agency), s 5 and s 10 (how functions transfer), s 15–16 (Service Victoria CEO’s functions and powers), s 41–43 (identity standards and credentials), s 54–55 (use of regulated information) and ss 48–51 (offences)."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Service Victoria's original mandate was primarily focused on streamlining transactional government services (licensing, registrations). Its scope expanded significantly in practice — most notably during the COVID-19 pandemic — to include digital health credentials, vaccine certificates, and check-in functions. The Act's framework was broad enough to accommodate this expansion, but the practical reach of Service Victoria grew well beyond what would have been envisioned at the time of passage in 2018."},"complexity_factors":["Intersection of privacy law, administrative law, and digital services regulation creates layered obligations","Provisions governing data sharing between multiple government agencies require careful navigation","The enabling framework nature of the Act means much of the operational detail sits in subordinate regulations and ministerial determinations rather than the Act itself","Interplay with other Victorian legislation (e.g., Privacy and Data Protection Act 2014, Freedom of Information Act 1982) adds cross-referencing complexity","Digital identity and authentication concepts may be unfamiliar to lay readers","Limited source material provided makes full complexity assessment difficult — the document appears to be metadata/version history only rather than the full Act text"],"plain_english_summary":"The Service Victoria Act 2018 creates Service Victoria as the government’s central digital delivery agency — the legal basis for the app and website that let Victorians access services and a single trusted digital identity. It sets governance and partnership rules for agencies, and regulates how personal information is collected, stored and shared. It affects everyday Victorians, public agencies using the platform, and businesses interacting with government services."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/service-victoria-act-2018","history":"/api/acts/service-victoria-act-2018/history","analysis":"/api/acts/service-victoria-act-2018/analysis","conflicts":"/api/acts/service-victoria-act-2018/conflicts","importantCases":"/api/acts/service-victoria-act-2018/important-cases","documents":"/api/acts/service-victoria-act-2018/documents"}}