{"id":"sr:service-victoria-transfer-worker-screening-functions-regulations-2021","name":"Service Victoria (Transfer of Worker Screening Functions) Regulations 2021","slug":"service-victoria-transfer-of-worker-screening-functions-regulations-2021","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183405,"registerId":"vic-sr:service-victoria-transfer-worker-screening-functions-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Service Victoria (Transfer of Worker Screening Functions) Regulations 2021","content":"Version No. 002\n\n**Service Victoria (Transfer of Worker Screening Functions) Regulations 2021**\n\n**S.R. No. 26/2021**\n\nVersion incorporating amendments as at  \n29 May 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 1\n\n5 Definitions 2\n\n6 Transferred customer service functions 2\n\n7 Transferred identity verification functions 3\n\nSchedule 1—Transferred customer service functions 4\n\nSchedule 2—Transferred identity verification functions 5\n\n═════════════\n\nEndnotes 7\n\n1 General information 7\n\n2 Table of Amendments 9\n\n3 Explanatory details 10\n\n**Version No.** **002**\n\n**Service Victoria (Transfer of Worker Screening Functions) Regulations 2021**\n\n**S.R. No. 26/2021**\n\nVersion incorporating amendments as at  \n29 May 2024\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to prescribe customer service functions that are transferred to the Service Victoria CEO under the **Service Victoria Act 2018**; and\n\nReg. 1(b) amended by S.R. No. 38/2024 reg. 21(1).\n\n(b) to prescribe identity verification functions that are transferred to the Service Victoria CEO under the **Service Victoria Act 2018**.\n\nReg. 1(c) revoked by S.R. No. 38/2024 reg. 21(2).\n\n* * * * *\n\n\t2 Authorising provision\n\nThese Regulations are made under section 58 of the **Service Victoria Act 2018**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 1 April 2021.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Service Victoria (Transfer of Working with Children Functions) Regulations 2018[[1]](#endnote-1);\n\n(b) the Service Victoria (Transfer of Functions) Amendment (Working with Children) Regulations 2019[[2]](#endnote-2).\n\n\t5 Definitions\n\nIn these Regulations—\n\n***digital token***  means a digital version of an authority given by the Secretary to the Department of Justice and Community Safety in respect of an application and that is accessible through a mobile application maintained for that purpose;\n\n***mobile application*** means a software application designed for use on a personal electronic device such as a mobile phone or a handheld computing device;\n\n***NDIS check*** has the same meaning as in the **Worker Screening Act 2020**;\n\n***NDIS clearance*** has the same meaning as in the **Worker Screening Act 2020**;\n\n***the Act*** means the **Service Victoria Act 2018**;\n\n***WWC check*** has the same meaning as in the **Worker Screening Act 2020**;\n\n***WWC clearance*** has the same meaning as in the **Worker Screening Act 2020**.\n\n\t6 Transferred customer service functions\n\nFor the purposes of section 5(5) of the Act, a customer service function set out in the table in Schedule 1 is a transferred customer service function.\n\n**Note**\n\nA transferred customer service function is to be performed by the Service Victoria CEO from the commencement of this regulation that prescribes the function to be a transferred customer service function (see section 5(5) of the Act).\n\n\t7 Transferred identity verification functions\n\nFor the purposes of section 10(5) of the Act, an identity verification function set out in the table in Schedule 2 is a transferred identity verification function.\n\n**Note**\n\nA transferred identity verification function is to be performed by the Service Victoria CEO from the commencement of this regulation that prescribes the function to be a transferred identity verification function (see section 10(5) of the Act).\n\nReg. 8 revoked by S.R. No. 38/2024 reg. 22.\n\n* * * * *\n\nSchedule 1—Transferred customer service functions\n\nRegulation 6\n\n| *Column 1*<br>*Item number* | *Column 2*<br>*Transferred customer service function* | *Column 3*<br>*Service agency from which function is transferred* |\n| --- | --- | --- |\n| 1 | Receiving and processing an application—<br>(a) for an NDIS check under section 15 of the **Worker Screening Act 2020**; or<br>(b) for a WWC check under section 54 of the **Worker Screening Act 2020** | Secretary to the Department of Justice and Community Safety |\n| 2 | Receiving and processing a notification under section 73(2) of the **Worker Screening Act 2020** | Secretary to the Department of Justice and Community Safety |\n| 3 | Receiving and processing a notification under regulation 12(1) or (2) of the Worker Screening Regulations 2021 | Secretary to the Department of Justice and Community Safety |\n| 4 | Delivering to an applicant a digital token in respect of the following authorities—<br>(a) an NDIS clearance given by the Secretary under section 31(1) of the **Worker Screening Act 2020**;<br>(b) a WWC clearance given by the Secretary under section 68(1) of the **Worker Screening Act 2020** | Secretary to the Department of Justice and Community Safety |\n\n\nSchedule 2—Transferred identity verification functions\n\nRegulation 7\n\n| *Column 1*<br>*Item number* | *Column 2*<br>*Transferred identity verification function* | *Column 3*<br>*Service agency from which function is transferred* |\n| --- | --- | --- |\n| 1 | Collecting identity information provided with an application for an NDIS check under section 15 of the **Worker Screening Act 2020** and verifying the applicant's identity | Secretary to the Department of Justice and Community Safety |\n| 2 | Collecting identity information provided with an application for a WWC check under section 54 of the **Worker Screening Act 2020** and verifying the applicant's identity | Secretary to the Department of Justice and Community Safety |\n| 3 | Collecting identity information provided with a notification under section 73(2) of the **Worker Screening Act 2020** and verifying the notifying person's identity | Secretary to the Department of Justice and Community Safety |\n| 4 | Collecting identity information provided with a notification under regulation 12(1) or (2) of the Worker Screening Regulations 2021 and verifying the notifying person's identity | Secretary to the Department of Justice and Community Safety |\n| 5 | Collecting identity information provided with a request under section 21 of the **Worker Screening Act 2020** to withdraw an application and verifying the requesting person's identity | Secretary to the Department of Justice and Community Safety |\n\n\nSch. 3 revoked by S.R. No. 38/2024 reg. 23.\n\n* * * * *\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Service Victoria (Transfer of Worker Screening Functions) Regulations 2021, S.R. No. 26/2021 were made on 30 March 2021 by the Governor in Council under section 58 of the **Service Victoria Act 2018**, No. 14/2018 and came into operation on 1 April 2021: regulation 3.\n\nThe Service Victoria (Transfer of Worker Screening Functions) Regulations 2021 will sunset 10 years after the day of making on 30 March 2031 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Service Victoria (Transfer of Worker Screening Functions) Regulations 2021 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nService Victoria (Miscellaneous) Amendment Regulations 2024, S.R. No. 38/2024\n\n| *Date of Making:* | 28.5.24 |\n| --- | --- |\n| *Date of Commencement:* | Regs 21–23 on 29.5.24: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Reg. 4(a): S.R. No. 192/2018 as amended by S.R. No. 132/2019. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 132/2019. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on available text, the regulation appears to do exactly what its title suggests — transfer worker screening administrative functions to Service Victoria. There is no evident scope creep or departure from the original regulatory intent. The instrument is narrowly focused on machinery-of-government changes."},"complexity_factors":["Limited substantive content available in the provided text — mostly version history metadata rather than operative provisions","Primarily administrative/machinery in nature, transferring functions rather than creating new legal obligations","Cross-references to parent legislation (Service Victoria Act and worker screening laws) would require reading multiple Acts to fully understand","No apparent novel legal concepts or complex definitional frameworks based on available text"],"plain_english_summary":"This regulation moves worker screening functions—background checks and approvals for people working with vulnerable Victorians—into Service Victoria’s digital platform. Applicants, employers, and agencies will now use Service Victoria instead of the previous agency. It’s an administrative shift to centralise and streamline how screening is applied for and managed, without changing who needs checks or the substantive requirements."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: transferring specific administrative functions related to worker screening from one agency to Service Victoria. The 2024 amendments removed provisions rather than expanding scope, suggesting consolidation rather than mission creep."},"complexity_factors":["Only 7 regulations (with one revoked), plus 2 short schedules in tabular format","Minimal defined terms (6 definitions, all straightforward cross-references to other Acts)","No nested conditional logic or exceptions — functions are simply listed in tables","Straightforward administrative machinery with no substantive policy rules","Recent amendment (May 2024) removed Schedule 3 and regulation 8, actually simplifying the instrument"],"plain_english_summary":"**What this does:**\n\nThese regulations shift specific administrative tasks related to worker screening from the Victorian Department of Justice and Community Safety to **Service Victoria** — the government's digital services agency (the one that runs the Service Victoria app).\n\n**Who it affects:**\n\n- **Workers** who need clearance to work with vulnerable people — specifically those applying for or holding:\n  - **WWC checks** (Working with Children checks — required for people working with kids)\n  - **NDIS checks** (National Disability Insurance Scheme worker screening — required for disability workers)\n\n- **Employers and organisations** who need to verify these clearances\n\n**What actually gets transferred:**\n\nTwo types of functions move to Service Victoria:\n\n1. **Customer service functions** — handling the paperwork:\n   - Receiving and processing applications for WWC and NDIS checks\n   - Processing notifications (for example, when someone needs to report a change in circumstances)\n   - Issuing **digital tokens** — digital versions of clearance certificates you can show on your phone via the Service Victoria app\n\n2. **Identity verification functions** — checking you are who you say you are:\n   - Collecting and verifying identity documents when people apply for checks\n   - Verifying identity for notifications and withdrawal requests\n\n**Why it matters:**\n\nThis is part of a broader push to centralise government digital services. Instead of the Department of Justice handling the front-end customer service and ID checks, Service Victoria does it through its digital platform. The Department of Justice still makes the actual decisions about whether to grant or refuse clearances — Service Victoria just handles the application process and verification.\n\nThe regulations also **revoke older rules** from 2018 and 2019 that covered similar transfers, consolidating everything into this single instrument."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Amendments and revocations updated objectives wording and revoked earlier working‑with‑children transfer regulations (Reg. 4; Table of Amendments S.R. No. 38/2024) but did not add or remove the specific customer service or identity verification functions listed in Schedules 1 and 2. The instrument therefore preserves the original scope of transferred functions while replacing prior instruments and updating administrative references."},"complexity_factors":["Cross‑legislation links: multiple functions are defined by reference to the Worker Screening Act 2020 (eg. sections 15, 21, 31, 54, 68, 73) — Schedule 1 & 2; requires implementers to read both instruments.","Functional transfer mechanics: regulation 6 and Schedule 1 list customer service functions to be performed by the Service Victoria CEO (receiving/processing applications/notifications and delivering digital tokens).","Identity verification detail: regulation 7 and Schedule 2 transfer collecting and verifying identity information for applications, notifications and withdrawal requests, imposing operational verification duties on Service Victoria.","Digital authentication dependency: definition of \"digital token\" and Schedule 1 item 4 requires delivery of tokens via a mobile application, creating IT/maintenance and security responsibilities for Service Victoria (Definitions; Sch.1 item 4).","Administrative consequence: Reg. 4 revokes prior transfer regulations (S.R. 192/2018 and S.R. 132/2019), so implementers must reconcile legacy arrangements with the new delegation (Reg. 4; Endnotes Table of Amendments).","Definitions scope: several terms are defined by reference (WWC/NDIS check/clearance) requiring coordination with the Worker Screening Act 2020 for operational meaning (Definitions reg.5).","Limited discretion in text: the instrument prescribes which functions transfer but leaves detailed operational methods (eg. identity verification processes, mobile app management) to implementers, creating implementation risk and procedural reliance on agency policy (Regs 6–7; Schs 1–2).","Sunset timing: the Endnotes note the statutory‑rule sunset (10 years from making), which affects long‑term planning and system replacement cycles."],"plain_english_summary":"This instrument moves specific worker‑screening customer service and identity‑verification tasks from the Secretary to the Department of Justice and Community Safety to the Service Victoria CEO. It covers receiving and processing NDIS and Working‑With‑Children (WWC) applications and notifications, verifying applicants’ identities, and delivering digital tokens for clearances. It affects applicants for NDIS/WWC checks, the Secretary/department that previously performed the work, and Service Victoria which takes on operational and authentication duties; it matters because it changes who performs and manages these services."}},"importantCases":[],"_links":{"self":"/api/acts/service-victoria-transfer-of-worker-screening-functions-regulations-2021","history":"/api/acts/service-victoria-transfer-of-worker-screening-functions-regulations-2021/history","analysis":"/api/acts/service-victoria-transfer-of-worker-screening-functions-regulations-2021/analysis","conflicts":"/api/acts/service-victoria-transfer-of-worker-screening-functions-regulations-2021/conflicts","importantCases":"/api/acts/service-victoria-transfer-of-worker-screening-functions-regulations-2021/important-cases","documents":"/api/acts/service-victoria-transfer-of-worker-screening-functions-regulations-2021/documents"}}