{"id":"social-services-regulation-act-2021","name":"Social Services Regulation Act 2021","slug":"social-services-regulation-act-2021","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174434,"registerId":"vic-social-services-regulation-act-2021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Purposes","content":"\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to establish the Social Services Regulator; and\n\n(b) to specify the objects, functions and powers of the Social Services Regulator; and\n\n(c) to provide for the registration of social service providers; and\n\n(d) to require registered social service providers to comply with the Social Services Standards; and\n\n(e) to establish the worker and carer exclusion scheme; and\n\n(f) to regulate providers of supported residential services; and\n\n(g) to enable the Regulator and authorised officers to ensure compliance with this Act; and\n\n(h) to provide for the collection, use and disclosure of information for the purposes of this Act; and\n\n(i) to make consequential amendments to the **Children, Youth and Families Act 2005**, the **Disability Act 2006**, the **Supported Residential Services (Private Proprietors) Act 2010** and to other Acts.\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\nS. 2(2) amended by No. 40/2022 s. 66.\n\n(2) If a provision of this Act does not come into operation before 1 July 2024, it comes into operation on that day.\n\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\n***administration period*** means the period during which an administrator is appointed to a social service provider under Division 8 of Part 7;\n\n***adverse publicity order*** has the meaning given by section 163;\n\nS. 3(1) def. of *Associate Regulator* inserted by No. 58/2025 s. 9.\n\n***Associate Regulator*** means an Associate Social Services Regulator appointed under section 18A;\n\n***authorised officer*** means a person appointed under section 103;\n\n***business day*** means a day other than a Saturday, Sunday or public holiday;\n\n***care leaver*** means a person who has been, but is no longer, in out of home care;\n\n***Chief Commissioner of Police*** means the Chief Commissioner of Police appointed under section 17 of the **Victoria Police Act 2013**;\n\n***child*** means a person who is under the age of 18 years;\n\n***Child Safe Standards*** has the same meaning as in the **Child Wellbeing and Safety Act 2005**;\n\n***civil penalty order*** means an order made under section 298;\n\n***civil penalty provision*** means a provision set out in the table in section 297;\n\n***Commission for Children and Young People*** means the Commission for Children and Young People established by section 6 of the **Commission for Children and Young People Act 2012**;\n\n***compliance code*** means a compliance code approved under section 308;\n\n***conditions of registration*** means  a condition imposed on a registration under Division 1 of Part 3;\n\n***conduct that may lead to exclusion*** has the meaning given in section 52;\n\n***employing or engaging***, in relation to a WCES worker or carer, includes (but is not limited to) approving a person to act as a foster carer;\n\n***enforceable undertaking*** has the meaning given by  section 152;\n\nS. 3(1) def. of *exclusion decision* amended by No. 9/2023 s. 238.\n\n***exclusion decision*** means—\n\n(a) a determination by the Panel under section 79(1)(a) that a person is excluded from providing WCES services or a class of WCES services; or\n\n(b) the issue of an interim exclusion under section 70 to a WCES worker or carer; or\n\n(c) the giving of a WWC exclusion or an interim WWC exclusion under the **Worker Screening Act 2020**; or\n\n(d) a prescribed decision;\n\n***harm*** includes harm of a physical, sexual, emotional, psychological, financial or cultural nature;\n\n***identity card*** means an identity card issued to an authorised officer or an independent investigator under section 105;\n\n***improvement notice*** has the meaning given by  section 137;\n\n***independent investigator*** means an independent body or person engaged by the Regulator under section 59;\n\n***integrated sector regulator*** has the same meaning as in the **Child Wellbeing and Safety Act 2005**;\n\n***interim WWC exclusion*** has the same meaning as in the **Worker Screening Act 2020**;\n\nS. 3(1) def. of *law enforcement agency* amended by No. 31/2024 s. 113(Sch. 1 item 33.1).\n\n***law enforcement agency*** means—\n\n(a) Victoria Police; or\n\n(b) the Commissioner employed under section 8A of the **Corrections Act 1986**; or\n\n(c) the Director, Fines Victoria employed under section 4 of the **Fines Reform Act 2014**; or\n\n(d) the Business Licensing Authority established under Part 2 of the **Business Licensing Authority Act 1998**; or\n\n(e) a commission established by a law of Victoria with the function of investigating matters relating to criminal activity generally or of a specified class or classes; or\n\n(f) the Chief Examiner and Examiners appointed under Part 3 of the **Major Crime (Investigative Powers) Act 2004**; or\n\n(g) the IBAC within the meaning of the **Independent Broad-based Anti‑corruption Commission Act 2011**; or\n\n(h) the sheriff within the meaning of the **Sheriff Act 2009**; or\n\n(i) Integrity Oversight Victoria within the meaning of the **Integrity Oversight Victoria Act 2011**; or\n\n(j) the Adult Parole Board established by section 61 of the **Corrections Act 1986**; or\n\n(k) the Post Sentence Authority continued in existence by section 290 of the **Serious Offenders Act 2018**; or\n\n(l) the Youth Parole Board within the meaning of the **Children, Youth and Families Act 2005**; or\n\n(m) an agency responsible for the performance of functions or activities directed to—\n\n(i) the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or\n\n(ii) the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such laws, or of orders made under such laws; or\n\n(n) an agency responsible for the execution or implementation of an order or decision made by a court or tribunal; or\n\n(o) an agency that provides correctional services, including a contractor within the meaning of the **Corrections Act 1986**, or a subcontractor of that contractor, but only in relation to a function or duty or the exercise of a power conferred on it by or under that Act; or\n\n(p) an agency responsible for the protection of the public revenue under a law administered by it;\n\n***occupier***, in relation to premises, means a person who—\n\n(a) is or appears to be 16 years of age or over; and\n\n(b) is or appears to be in control of the premises;\n\n***out of home care*** means care of a child by a person other than a parent of the child;\n\n***Panel*** means a Panel convened under section 68;\n\n***parent***, in relation to a child, includes—\n\n(a) the father and mother of the child; and\n\n(b) the spouse of the father or mother of the child; and\n\n(c) the domestic partner of the father or mother of the child; and\n\n(d) any person who has parental responsibility for the child, other than the Secretary; and\n\n(e) a person whose name is entered as the father of the child in the register of births in the Register maintained by the Registrar of Births, Deaths and Marriages under Part 7 of the **Births, Deaths and Marriages Registration Act 1996**; and\n\n(f) a person who acknowledges that he is the father of the child by an instrument of the kind described in section 8(2) of the **Status of Children Act 1974**; and\n\n(g) a person in respect of whom a court has made a declaration or a finding or order that the person is the father of the child;\n\n***personal support*** means the provision of one or more of the following—\n\n(a) assistance with personal hygiene, toileting or dressing;\n\n(b) assistance to achieve and maintain mobility;\n\n(c) support to seek out and maintain contact with health professionals, social networks, family, friends and the community;\n\n(d) emotional wellbeing support;\n\n(e) assistance with or supervision in administering medication;\n\n(f) assistance with eating and maintaining adequate nutrition;\n\n***prohibition notice*** has the meaning given by  section 142;\n\n***protected information*** has the meaning given in section 188;\n\n***public authority*** means any body (including any trust) established by or under an Act for a public purpose, other than a Council within the meaning of the **Local Government Act 2020**;\n\n***public warning notice*** has the meaning given by  section 160;\n\n***registered social service provider*** means a social service provider registered under Division 1 of Part 3;\n\n***Register*** means the Register kept under section 36;\n\n***Regulator*** means the Social Services Regulator established under section 4;\n\n***relevant agency*** has the meaning given in section 189;\n\n***relevant entity***  has the same meaning as in the **Child Wellbeing and Safety Act 2005**;\n\n***reportable conduct scheme*** has the same meaning as in the **Child Wellbeing and Safety Act 2005**;\n\n***resident*** (except in Part 9) means—\n\n(a) a ***resident*** within the meaning of the **Disability Act 2006**; and\n\n(b) a resident of a ***supported residential service*** within the meaning set out in section 214, other than a designated public hospital;\n\n***Secretary*** means the Secretary to the Department of Families, Fairness and Housing;\n\n***sector regulator*** has the same meaning as in the **Child Wellbeing and Safety Act 2005**;\n\n***serious harm*** means harm, whether a single instance of harm or repeated or persistent instances of harm, that results in one or more of the following—\n\n(a) death;\n\n(b) loss of a foetus;\n\n(c) permanent or long-term serious impairment;\n\n(d) permanent or long-term serious disfigurement;\n\n(e) permanent or long-term severe psychological injury or developmental delay;\n\n***service requirements*** means service requirements prescribed for the purposes of section 45;\n\n***service user*** means—\n\n(a) a child (including an unborn child) who is at risk of harm or is in need of protection; or\n\n(b) a care leaver; or\n\n(c) a person with a disability within the meaning of section 3(1) of the **Disability Act 2006**; or\n\n(d) a resident of a ***supported residential service*** within the meaning of section 214; or\n\n(e) a person who is at risk of, or who has experienced, family violence (within the meaning of section 5 of the **Family Violence Protection Act 2008**), sexual assault or any other sexual offence; or\n\n(f) a person who has committed family violence (within the meaning of section 5 of the **Family Violence Protection Act 2008**), sexual assault or any other sexual offence; or\n\n(g) a person who is experiencing or is at risk of homelessness, including a homeless person within the meaning of section 3(1) of the **Children, Youth and Families Act 2005**; or\n\n(h) a prescribed person or class of persons who are subject to social disadvantage; or\n\n(i) a family member or other person who has provided support to, or received support or social services with, any person referred to in paragraphs (a) to (h);\n\n***social service*** means a social service or activity that is prescribed to be a social service for the purposes of this Act;\n\n***Social Services Standards*** means the Social Services Standards set out in Subdivision 1 of Division 1 of Part 4;\n\n***spouse*** of a person means the person to whom the person is married;\n\n***suspension of intake notice***  has the meaning given by section 166;\n\n***Victoria Police*** has the same meaning as in the **Victoria Police Act 2013**;\n\n***WCES database*** means the database established under section 83;\n\n***WCES service*** means a service to which the worker and carer exclusion scheme is prescribed to apply;\n\n***WCES service provider*** means a body that is prescribed to be a WCES service provider for the purposes of this Act;\n\n***WCES service user*** means a person who—\n\n(a) is receiving or has received WCES services from a WCES service provider; or\n\n(b) is seeking or has sought WCES services from a WCES service provider, whether or not the person received those WCES services;\n\n***WCES worker or carer*** means a person employed or engaged to provide a WCES service and includes, but is not limited to, a person approved by a WCES service provider to act as a foster carer;\n\n***worker and carer exclusion scheme*** means the scheme set out in Part 5;\n\n***WWC clearance*** has the same meaning as in the **Worker Screening Act 2020**;\n\n***WWC exclusion*** has the same meaning as in the **Worker Screening Act 2020**.\n\n(2) In this Act, ***domestic partner*** of a person means—\n\n(a) a person who is in a registered relationship with the person; or\n\n(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—\n\n(i) for fee or reward; or\n\n(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation).\n\n(3) For the purposes of the definition of ***domestic partner*** in subsection (2)—\n\n(a) registered relationship has the same meaning as it has in the **Relationships Act 2008**; and\n\n(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case; and\n\n(c) a person is not a domestic partner of another person only because they are co-tenants.\n\nPart 2—Social Services Regulator\n\nDivision 1—Establishment\n\n\t4 Establishment of Social Services Regulator\n\n(1) The Social Services Regulator is established.\n\n(2) The Social Services Regulator is to be appointed by the Governor in Council on the recommendation of the Minister.\n\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Terms and conditions of appointment","content":"\t5 Terms and conditions of appointment\n\n(1) The Regulator—\n\n(a) holds office for a term, not exceeding 5 years, specified in the instrument of appointment; and\n\n(b) is appointed on the terms and conditions that are specified in the instrument of appointment.\n\n(2) The instrument of appointment must specify—\n\n(a) the remuneration and allowances (if any) of the Regulator; and\n\n(b) whether the Regulator is appointed on a full‑time or part-time basis.\n\n(3) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to the Regulator in respect of that office.\n\n(4) If the Regulator was, immediately prior to appointment to that office, an officer within the meaning of the **State Superannuation Act 1988**, the Regulator, despite that appointment, continues to be an officer within the meaning of, and subject to, that Act.\n\n(5) The Regulator may be re-appointed.\n\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Regulator represents the Crown","content":"\t6 Regulator represents the Crown\n\nIn performing its functions and exercising its powers, the Regulator represents the Crown.\n\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Objects of Regulator","content":"\t7 Objects of Regulator\n\nThe objects of the Regulator are—\n\n(a) to monitor and enforce compliance with the requirements of this Act and the regulations relating to the safe delivery of social services; and\n\n(b) to protect the rights of service users; and\n\n(c) to minimise risks of avoidable harm caused by abuse or neglect in connection with the delivery of social services; and\n\n(d) to promote and support the delivery of safe and effective social services; and\n\n(e) to encourage a culture of continuous quality improvement in the provision of social services; and\n\n(f) to provide confidence to service users and the community in the safety and quality of social services.\n\nS. 8 amended by No. 58/2025 s. 129(2) (ILA s. 39B(1)).\n\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Guiding principles","content":"\t8 Guiding principles\n\n(1) The Regulator, in carrying out a function or power under this Act or any other Act, must—\n\nS. 8(1)(a) substituted by No. 58/2025 s. 129(1).\n\n(a) subject to subsection (2), have regard to the paramount consideration of the best interests and the safety, welfare and wellbeing of children and service users; and\n\n(b) enforce compliance by registered social service providers with the Social Services Standards; and\n\n(c) act in a transparent, accountable, efficient, effective and fair way; and\n\n(d) make decisions using an intelligence-led and integrated approach that is proportionate to risk and minimises regulatory burden; and\n\n(e) work collaboratively with other relevant agencies, service users, registered social service providers and the community to ensure the safe delivery of social services; and\n\n(f) ensure that restrictions on registered social service providers or WCES workers or carers are only imposed to the extent necessary or desirable to achieve the Regulator's objects; and\n\n(g) reduce regulatory burden, where appropriate, by—\n\n(i) recognising compliance by registered social service providers with other regulatory schemes; and\n\n(ii) aiming for consistent approaches to decision-making with other regulatory schemes; and\n\n(iii) if possible, giving effect to prescribed decisions about WCES workers or carers made by other relevant regulatory entities; and\n\n(h) liaise with other relevant agencies and regulatory entities to avoid, as far as possible, unnecessary duplication in the investigation of social service providers; and\n\n(i) provide, where appropriate, social service providers with guidance and education regarding their duties and obligations under this Act and how social service providers may comply with those duties and obligations.\n\nS. 8(2) inserted by No. 58/2025 s. 129(2).\n\n(2) The paramount consideration in subsection (1)(a) does not apply to the Regulator in carrying out functions or powers under the **Worker Screening Act 2020** in relation to NDIS checks, NDIS clearance holders, WWC checks or WWC clearance holders.\n\n**Notes**\n\nSection 10 of the **Worker Screening Act 2020** sets out paramount considerations for the Regulator in relation to NDIS checks and NDIS clearance holders.\n\nSection 11 of the **Worker Screening Act 2020** sets out paramount considerations for the Regulator in relation to WWC checks and WWC clearance holders.\n\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Regulator is a body corporate","content":"\t9 Regulator is a body corporate\n\n(1) The Regulator and the Regulator's successors in office, subject to this Act, are to be a body corporate under the name of the \"Social Services Regulator\" and by that name—\n\n(a) has perpetual succession; and\n\n(b) has an official seal; and\n\n(c) may sue and be sued; and\n\n(d) may acquire, hold and dispose of real and personal property; and\n\n(e) may do and suffer all acts and things that a body corporate may by law do and suffer.\n\n(2) The official seal must be kept as directed by the Regulator and must not be used except as authorised by the Regulator.\n\n(3) All courts must take judicial notice of the official seal on a document and, until the contrary is proved, must presume that the document was properly sealed.\n\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Vacancy and resignation","content":"\t10 Vacancy and resignation\n\n(1) The office of the Regulator becomes vacant if the Regulator—\n\n(a) resigns by notice in writing to the Minister; or\n\n(b) becomes insolvent under administration; or\n\n(c) is convicted or found guilty of an indictable offence (or an offence that, if committed in Victoria, would be an indictable offence); or\n\n(d) is removed from office under subsection (2); or\n\n(e) nominates for election for, or is elected to—\n\n(i) the Parliament of Victoria; or\n\n(ii) the Parliament of the Commonwealth or of another State or Territory of the Commonwealth; or\n\n(iii) a Council within the meaning of section 3(1) of the **Local Government Act 2020**.\n\n(2) The Governor in Council, on the recommendation of the Minister, may remove the Regulator from office.\n\n(3) The Minister may recommend that the Governor in Council remove the Regulator from office on any of the following grounds—\n\n(a) misconduct in carrying out the duties of the office;\n\n(b) failing to disclose a material conflict of interest;\n\n(c) neglect of duty;\n\n(d) inability to perform the duties of the office;\n\n(e) the Regulator has engaged in paid employment outside the duties of the office without the consent of the Minister.\n\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Acting Regulator","content":"\t11 Acting Regulator\n\n(1) The Governor in Council may appoint a person to act as the Regulator for a period of not more than 6 months if—\n\n(a) the office of the Regulator is vacant; or\n\n(b) the Regulator is absent or, for any other reason, is unable to perform the duties of the office of the Regulator.\n\n(2) The Minister may appoint a person to act as the Regulator for a period of not more than 6 months if the Regulator is absent.\n\n(3) The acting Regulator has and may exercise all the powers, and must perform all the functions and duties, of the Regulator.\n\n(4) A person appointed as acting Regulator by the Governor in Council is entitled to any remuneration and allowances determined from time to time by the Governor in Council.\n\n(5) A person appointed as acting Regulator by the Minister is entitled to any remuneration and allowances determined by the Minister.\n\n(6) The Governor in Council may at any time revoke an acting appointment made by the Governor in Council.\n\n(7) The Minister may at any time revoke an acting appointment made by the Minister.\n\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Staff","content":"\t12 Staff\n\n(1) There may be employed under Part 3 of the **Public Administration Act 2004** any persons who are necessary to assist the Regulator in exercising a power or performing a duty or function under this Act or any other Act.\n\n(2) The Regulator may enter into an agreement or arrangement with any person for the use of services by that person to assist the Regulator in exercising a power or performing a duty or function under this Act or any other Act.\n\n(3) An agreement or arrangement under subsection (2)—\n\n(a) must be with a person who has suitable qualifications or experience to provide the service; and\n\n(b) is to be subject to any terms and conditions that the Regulator is satisfied are appropriate; and\n\n(c) may include, but is not limited to, services provided by—\n\n(i) Australian legal practitioners; and\n\n(ii) independent investigators in relation to worker and carer exclusion scheme investigations.\n\n","sortOrder":11},{"sectionNumber":"Div 2","sectionType":"division","heading":"Functions and powers","content":"Division 2—Functions and powers\n\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Functions and powers of Regulator","content":"\t13 Functions and powers of Regulator\n\n(1) The Regulator has the following functions—\n\n(a) to monitor and enforce compliance with the Social Services Standards;\n\n(b) to register providers of social services;\n\n(c) to publish information about registered social service providers on, and maintain, the Register;\n\n(d) to support registered social service providers' compliance with this Act by providing information, support and guidance to service providers, including by issuing—\n\n(i) guidelines; and\n\n(ii) compliance codes;\n\n(e) to administer the worker and carer exclusion scheme (including the database of excluded workers and carers), based on a procedurally fair process for investigating and determining whether workers pose unjustifiable risks of harm to service users;\n\n(f) to collect and analyse information about whether the Regulator's objects are being achieved;\n\n(g) to share information for the purposes of—\n\n(i) effectively utilising regulatory intelligence; and\n\n(ii) coordinating government responses in relation to social services; and\n\n(iii) reducing regulatory burden (where appropriate);\n\n(h) to provide recommendations, reports and advice at the request of the relevant Minister;\n\nS. 13(1)(i) amended by No. 58/2025 s. 130.\n\n(i) any other functions conferred under this Act, the **Child Wellbeing and Safety Act 2005**, the **Worker Screening Act 2020** or any other Act.\n\nS. 13(2) amended by No. 58/2025 s. 130.\n\n(2) The Regulator has all the powers that are necessary or convenient to perform the functions of the Regulator under this Act, the **Child Wellbeing and Safety Act 2005**, the **Worker Screening Act 2020** or any other Act.\n\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Functions as integrated sector regulator","content":"\t14 Functions as integrated sector regulator\n\n(1) The Regulator has the following functions—\n\n(a) in relation to relevant entities for which the Regulator is an integrated sector regulator—\n\n(i) provide education, information and advice on the Child Safe Standards to promote consistency in child safety outcomes; and\n\n(ii) investigate, monitor and enforce compliance with the Child Safe Standards by relevant entities for which it is an integrated sector regulator; and\n\nS. 14(1)(a)(iii) amended by No. 58/2025 s. 131(1).\n\n(iii) collect, analyse and publish information and data regarding compliance with the Child Safe Standards by those relevant entities; and\n\n(iv) promote continuous improvement by relevant entities in relation to the safety of children, the prevention of child abuse and the proper response to allegations of child abuse;\n\n(b) exchange information and collaborate with persons and bodies in relation to the safety of children and compliance with the Child Safe Standards;\n\nS. 14(1)(c) amended by No. 58/2025 s. 131(2).\n\n(c) work collaboratively with sector regulators and other integrated sector regulators in relation to the safety of children and compliance with the Child Safe Standards.\n\n(2) In carrying out functions under subsection (1) in respect of a relevant entity for which the Regulator is an integrated sector regulator, the Regulator must consider the most effective means of promoting compliance by the relevant entity with the Child Safe Standards.\n\n(3) In carrying out functions under subsection (1) in respect of a relevant entity for which the Regulator is an integrated sector regulator, the Regulator may exercise any power of the Regulator under Part 6 or 7 (other than Subdivision 2 of Division 1 of Part 7 and Divisions 4, 6, 7 and 8 of Part 7) as if—\n\n(a) a reference to \"a registered social service provider\" were a reference to \"a relevant entity\"; and\n\n(b) a reference to a contravention of or failure to comply with (however described) \"a provision of this Act\" were a reference to a contravention of or failure to comply with \"the Child Safe Standards\".\n\n(4) Without limiting subsection (3), the Regulator may, when appointing an authorised officer under section 103, specify functions, duties or powers for that authorised officer that relate to the investigation, monitoring or enforcement of the Child Safe Standards.\n\n(5) An authorised officer described in subsection (4) may, subject to the instrument of their appointment, exercise any power of an authorised officer under Part 6 or 7 (other than Subdivision 2 of Division 1 of Part 7 and Divisions 4, 6, 7 and 8 of Part 7) as if—\n\n(a) a reference to \"a registered social service provider\" were a reference to \"a relevant entity\"; and\n\n(b) a reference to a contravention of or failure to comply with (however described) \"a provision of this Act\" were a reference to a contravention of or failure to comply with \"the Child Safe Standards\".\n\n(6) Without limiting subsection (1)(b), the Regulator may exchange information and collaborate with persons and bodies with functions or powers under a law of another State, a Territory or the Commonwealth relating to the monitoring or enforcement of compliance with standards (however described) that correspond to the Child Safe Standards.\n\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Delegation","content":"\t15 Delegation\n\nS. 15(1) amended by No. 58/2025 s. 10(1)(a).\n\n(1) The Regulator, by instrument, may delegate to any of the following persons or class of persons any function, duty or power of the Regulator under this Act or any other Act, other than a prescribed function, duty or power or this power of delegation—\n\nS. 15(1)(aa) inserted by No. 58/2025 s. 10(1)(b).\n\n(aa) an Associate Regulator;\n\nS. 15(1)(a) amended by No. 58/2025 s. 10(1)(c).\n\n(a) a person or class of persons employed under Part 3 of the **Public Administration Act 2004** for the purposes of the Regulator's functions;\n\nS. 15(1)(ab) inserted by No. 58/2025 s. 10(2).\n\n(ab) a person engaged by the Regulator for the purposes of the Regulator's functions;\n\n(b) a person or class of persons that the Regulator has entered an agreement or arrangement with under section 12(2).\n\nSection 42A(1)(b) of the **Interpretation of Legislation Act 1984** provides that a person delegating a power or function may specify conditions or limitations on the exercise of the power or function by the delegate.\n\nS. 15(2) substituted by No. 58/2025 s. 10(3).\n\n(2) Subject to any conditions to which a delegation under subsection (1)(aa) is subject, an Associate Regulator may sub‑delegate that function, duty or power to a person or class of persons specified in subsection (1)(a) or (b).\n\nS. 15(3) inserted by No. 58/2025 s. 10(3).\n\n(3) Sections 42 and 42A of the **Interpretation of Legislation Act 1984** apply to a sub‑delegation authorised by subsection (2) in the same way as they apply to a delegation.\n\nS. 15(4) inserted by No. 58/2025 s. 10(3).\n\n(4) A person to whom a function, duty or power is delegated under this section must ensure that any actual or perceived conflicts of interest are avoided in the performance of the person's duties and functions and in the exercise of the person's powers under the delegation.\n\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Ministerial directions","content":"\t16 Ministerial directions\n\n(1) The Regulator is subject to the general direction and control of the Minister.\n\n(2) The Minister is not to give directions to the Regulator about a specific regulatory matter.\n\n(3) The Regulator must publish any directions given by the Minister under subsection (1)—\n\n(a) on the Internet site of the Regulator; and\n\n(b) in the Regulator's annual report.\n\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Validity of acts or decisions","content":"\t17 Validity of acts or decisions\n\nAn act or decision of the Regulator is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Regulator.\n\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Guidelines","content":"\t18 Guidelines\n\n(1) Subject to subsection (5), the Regulator may from time to time issue guidelines in relation to matters relevant to the exercise of its functions under this Act.\n\n(2) Guidelines issued under subsection (1) must not—\n\n(a) be inconsistent with this Act or the regulations; and\n\n(b) extend, change or limit any other Act or law.\n\n(3) The Regulator must publish guidelines issued under subsection (1) on the Internet site of the Regulator.\n\n(4) Guidelines issued under subsection (1) are admissible as evidence in proceedings under this Act or regulations made under this Act, including evidence of what a registered social service provider knew, or ought reasonably to have known, about—\n\n(a) the risks of harm to service users; and\n\n(b) ways of removing or reducing the risks referred to in paragraph (a); and\n\n(c) the risks of contravening the rights of service users.\n\n(5) The Regulator must not issue guidelines under subsection (1) unless the Regulator has first consulted on the proposed guidelines in accordance with the prescribed requirements (if any).\n\nPt 2 Div. 2A (Heading and ss 18A–18D) inserted by No. 58/2025 s. 11.\n\n","sortOrder":18},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Appointment of Associate Social Services Regulators","content":"Division 2A—Appointment of Associate Social Services Regulators\n\nS. 18A inserted by No. 58/2025 s. 11.\n\n","sortOrder":19},{"sectionNumber":"18A","sectionType":"section","heading":"Appointment of Associate Social Services Regulators","content":"\t18A Appointment of Associate Social Services Regulators\n\nOn the recommendation of the Minister, the Governor in Council may appoint one or more persons to be Associate Social Services Regulators.\n\nS. 18B inserted by No. 58/2025 s. 11.\n\n","sortOrder":20},{"sectionNumber":"18B","sectionType":"section","heading":"Terms and conditions of appointment","content":"\t18B Terms and conditions of appointment\n\n(1) An Associate Regulator—\n\n(a) holds office for a term, not exceeding 5 years, specified in the instrument of appointment; and\n\n(b) is appointed on the terms and conditions that are specified in the instrument of appointment.\n\n(2) The instrument of appointment must specify—\n\n(a) the remuneration and allowances (if any) of the Associate Regulator; and\n\n(b) whether the Associate Regulator is appointed on a full‑time or part‑time basis.\n\n(3) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to an Associate Regulator in respect of that office.\n\n(4) If an Associate Regulator was, immediately prior to appointment to the office of Associate Regulator, an officer within the meaning of the **State Superannuation Act 1988**, the Associate Regulator, despite that appointment, continues to be an officer within the meaning of, and subject to, that Act.\n\n(5) An Associate Regulator may be re‑appointed.\n\nS. 18C inserted by No. 58/2025 s. 11.\n\n","sortOrder":21},{"sectionNumber":"18C","sectionType":"section","heading":"Vacancy and resignation of Associate Regulators","content":"\t18C Vacancy and resignation of Associate Regulators\n\n(1) An Associate Regulator ceases to hold office if the Associate Regulator—\n\n(a) resigns by notice in writing to the Minister; or\n\n(b) becomes an insolvent under administration; or\n\n(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or\n\n(d) is removed from office under subsection (2); or\n\n(e) nominates for election for, or is elected to—\n\n(i) the Parliament of Victoria; or\n\n(ii) the Parliament of the Commonwealth or of another State or a Territory of the Commonwealth; or\n\n(iii) a Council within the meaning of section 3(1) of the **Local Government Act 2020**.\n\n(2) On the recommendation of the Minister, the Governor in Council may remove an Associate Regulator from office.\n\n(3) The Minister may recommend that the Governor in Council remove an Associate Regulator from office on any of the following grounds—\n\n(a) misconduct in carrying out the duties of the office;\n\n(b) failing to disclose a material conflict of interest;\n\n(c) neglect of duty;\n\n(d) inability to perform the duties of the office;\n\n(e) the Associate Regulator has engaged in paid employment outside the duties of the office without the consent of the Minister.\n\nS. 18D inserted by No. 58/2025 s. 11.\n\n","sortOrder":22},{"sectionNumber":"18D","sectionType":"section","heading":"Acting Associate Regulator","content":"\t18D Acting Associate Regulator\n\n(1) The Governor in Council may appoint a person to act as an Associate Regulator for a period of not more than 6 months if—\n\n(a) the office of an Associate Regulator is vacant; or\n\n(b) an Associate Regulator is absent or, for any other reason, is unable to perform the duties of the office of Associate Regulator.\n\n(2) The Minister may appoint a person to act as an Associate Regulator for a period of not more than 6 months if an Associate Regulator is absent.\n\n(3) The acting Associate Regulator has and may exercise all the powers, and must perform all the functions and duties, of an Associate Regulator.\n\nSee also section 42A(2) of the **Interpretation of Legislation Act 1984**.\n\n(4) A person appointed as an acting Associate Regulator by the Governor in Council is entitled to any remuneration and allowances determined from time to time by the Governor in Council.\n\n(5) A person appointed as an acting Associate Regulator by the Minister is entitled to any remuneration and allowances determined by the Minister.\n\n(6) The Governor in Council may at any time revoke an acting appointment made by the Governor in Council.\n\n(7) The Minister may at any time revoke an acting appointment made by the Minister.\n\n","sortOrder":23},{"sectionNumber":"Div 3","sectionType":"division","heading":"Reporting obligations of Regulator","content":"Division 3—Reporting obligations of Regulator\n\n","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Annual report","content":"\t19 Annual report\n\n(1) Before 31 October in each year the Regulator must give to the Minister a report relating to the 12 months ending on 30 June in that year concerning—\n\n(a) a review of the activities and outcomes of the Regulator in performing the Regulator's functions; and\n\nS. 19(1)(ab) inserted by No. 58/2025 s. 12(1).\n\n(ab) the number of adverse decisions made on the basis of child safety risk information not disclosed in accordance with section 66(6), 69(3), 71A(3), 79(6), 88(5A) or 91(2A) of the **Worker Screening Act 2020**; and\n\n(b) prescribed information relating to the exercise of specific powers; and\n\n(c) any other information required by the Minister.\n\n(2) The Minister must cause a copy of a report under subsection (1) to be laid before each House of Parliament within 14 sitting days of each House of Parliament after the report is received by the Minister, or if neither House is sitting, to be given to the clerk of each House.\n\n(3) If the Minister proposes to give the report to the clerk of each House, the Minister must—\n\n(a) give at least one business day's notice of the Minister's intention to do so to the clerk of each House; and\n\n(b) give a copy of the report to the clerk of each House on the day indicated in the notice; and\n\n(c) cause the report to be published on an Internet site of the Victorian Government as soon as practicable after giving the report to the clerk of each House.\n\n(4) The clerk of each House must—\n\n(a) notify each member of the House of the receipt of notice under subsection (3)(a) on the same day that the clerk receives that notice; and\n\n(b) make available copies of the report for each member of the House as soon as practicable after the report is received under subsection (3)(b); and\n\n(c) cause the report to be laid before the House on the next sitting day of the House.\n\n(5) A copy of a report that is given to the clerks under subsection (3)(b) is taken to have been published by order, or under the authority, of the Houses of Parliament.\n\n(6) The publication of a copy of a report in accordance with this section is absolutely privileged and the provisions of sections 73 and 74 of the **Constitution Act 1975** and of any other enactment or rule of law relating to the publication of the proceedings of Parliament apply to and in relation to the publication of the copy of the report as if it were a report to which those sections applied and had been published by the Government Printer under the authority of Parliament.\n\nS. 19(7) inserted by No. 58/2025 s. 12(2).\n\n(7) In this section—\n\n***adverse decision*** means a decision under the **Worker Screening Act 2020**—\n\n(a) to refuse to give a WWC clearance to a person; or\n\n(b) to give a WWC exclusion or an interim WWC exclusion to a person; or\n\n(c) to suspend a person's WWC clearance; or\n\n(d) to place an interim bar within the meaning of the **Worker Screening Act 2020** on a person.\n\n","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Other reports","content":"\t20 Other reports\n\n(1) When required by the Minister, the Regulator must give the Minister a report on—\n\n(a) the operation of the Regulator's functions and powers; and\n\n(b) subject to subsection (2), any other information required by the Minister.\n\n(2) The Regulator is not required to give the Minister a report about a current regulatory matter if that report may compromise an investigation under this Act.\n\nPart 3—Registration of social service providers\n\nDivision 1—Registration of social service providers\n\n\t21 Application for registration\n\n(1) A person, or a person on behalf of an unincorporated body, may apply for registration to provide one or more types of social service as a registered social service provider.\n\n(2) An application must—\n\n(a) be in the form approved by the Regulator; and\n\n(b) be accompanied by—\n\n(i) the relevant fee; and\n\n(ii) the prescribed information (if any); and\n\n(iii) any other information that the Regulator considers is reasonably required to determine the application.\n\n(3) The Regulator, by written notice given to the applicant, may request further information from an applicant to support the application.\n\n(4) On a request under subsection (3) and subject to subsection (5), the applicant must give the Regulator the further information, in writing, within the prescribed time.\n\n(5) The Regulator may refuse to grant an application for registration if an applicant does not give the further information requested under subsection (3) to the satisfaction of the Regulator within the prescribed time.\n\n","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Applications withdrawn in certain circumstances","content":"\t22 Applications withdrawn in certain circumstances\n\n(1) If—\n\n(a) the Regulator has given an applicant 2 or more notices in writing requesting further information under section 21(3); and\n\n(b) the applicant has failed to provide the requested information, in writing, within the prescribed time—\n\nthe Regulator may give notice in writing to the applicant requiring that the requests be complied within 14 days after the date of that notice or the application will be taken to have been withdrawn.\n\n(2) An application under this Part is taken to be withdrawn if an applicant fails to comply with a request for further information within 14 days of the date of a notice given under subsection (1).\n\n","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Decision about application for registration","content":"\t23 Decision about application for registration\n\nAfter considering an application for registration that meets the requirements of section 21(2) and any further information under section 21, the Regulator must either—\n\n(a) if the applicant meets the prescribed requirements for registration, register the applicant in the class of social service for which the application was made; or\n\n(b) if the applicant does not meet the prescribed requirements for registration, refuse to register the applicant.\n\n","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Notice of decision to be given to applicant","content":"\t24 Notice of decision to be given to applicant\n\n(1) The Regulator must give the applicant written notice of the Regulator's decision on the application for registration within the later of—\n\n(a) 60 days after receiving an application, being an application in accordance with the requirements of section 21(2); or\n\n(b) if the Regulator has requested any further information under section 21(3), 28 days after the information last requested is given to the Regulator.\n\n(2) A notice under subsection (1) must include the reasons for the decision.\n\n","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Provisional registration","content":"\t25 Provisional registration\n\n(1) The Regulator may grant a person providing a social service, or a person on behalf of an unincorporated body providing a social service, provisional registration in the prescribed circumstances.\n\n(2) The Regulator may make a provisional registration granted under subsection (1) subject to conditions.\n\n(3) The Regulator may exempt a person granted provisional registration from complying with any prescribed requirement under this Part.\n\n(4) The Regulator may grant a provisional registration for a period of not more than 88 days.\n\n","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Conditions of registration","content":"\t26 Conditions of registration\n\n(1) The Regulator may impose a condition on a registration of a social service provider under this Part at any time.\n\n(2) Without limiting subsection (1), the Regulator may impose a condition on a registration that relates to—\n\n(a) the types of social services the registered social service provider may provide; or\n\n(b) operating hours in which social services are provided; or\n\n(c) the premises from which social services are provided; or\n\n(d) the number of service users being provided a social service; or\n\n(e) classes of service users to whom social services may be delivered.\n\n(3) The Regulator may vary a condition on a registration imposed under subsection (1) at any time.\n\n(4) If a registered social service provider is a relevant entity for which the Regulator is an integrated sector regulator, it is a condition on the registration of the social service provider that it must comply with the Child Safe Standards.\n\n(5) Before imposing or varying a condition on the registration of a registered social service provider under subsection (1) or (3), the Regulator must give written notice to the service provider of its intention to impose or vary the condition.\n\n(6) The service provider may make written submissions to the Regulator on the proposed imposition or variation of a condition within 28 days after receiving a notice under subsection (5).\n\n(7) The Regulator must consider any submission received under subsection (6) before imposing or varying a condition under subsection (1) or (3).\n\n","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Application for variation or revocation of condition of registration","content":"\t27 Application for variation or revocation of condition of registration\n\n(1) A registered social service provider may apply to the Regulator for a variation or revocation of any condition imposed under section 26(1) to which the service provider's registration is subject.\n\n(2) An application must—\n\n(a) be in the form approved by the Regulator; and\n\n(b) be accompanied by—\n\n(i) the relevant fee; and\n\n(ii) the prescribed information (if any); and\n\n(iii) any other information that the Regulator considers is reasonably required to determine the application.\n\n(3) The Regulator, by written notice given to the applicant, may request further information from an applicant to support the application.\n\n(4) On a request under subsection (3) and subject to subsection (5), the applicant must give the Regulator the further information, in writing, within the prescribed time.\n\n(5) The Regulator may refuse to grant an application for a variation or revocation of the condition if the applicant does not give the further information requested under subsection (3) to the satisfaction of the Regulator within the prescribed time.\n\n","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Decision on application for variation or revocation of condition of registration","content":"\t28 Decision on application for variation or revocation of condition of registration\n\n(1) After receiving an application for variation or revocation of a condition of registration under section 27, the Regulator must—\n\n(a) grant the variation or revocation (as the case requires); or\n\n(b) refuse the variation or revocation (as the case requires).\n\n(2) The Regulator may only grant a variation or revocation under subsection (1) if it is reasonably satisfied that there has been, or if the variation or revocation is granted, will be a change that materially impacts the services delivered by the registered social service provider.\n\n","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Notice of decision to be given to applicant","content":"\t29 Notice of decision to be given to applicant\n\n(1) The Regulator must give the applicant written notice of the Regulator's decision on the application for variation or revocation of a condition of registration within 60 days after receiving an application in accordance with the requirements of section 27(2).\n\n(2) A notice under subsection (1) must include the reasons for the decision.\n\n","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Regulator may require notice of change to condition on registration to be given to service users","content":"\t30 Regulator may require notice of change to condition on registration to be given to service users\n\n(1) The Regulator may require a registered social service provider to give notice of any of the following to any or all service users who have been provided a social service by the registered social service provider—\n\n(a) an imposed or varied condition on the registered social service provider's registration under section 26(1);\n\n(b) a varied or revoked condition on the registered social service provider's registration under section 28.\n\n(2) A notice under subsection (1) must be given to the persons and in the manner determined by the Regulator.\n\n(3) A registered social service provider must comply with a requirement under subsection (1).\n\n","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Duration of registration","content":"\t31 Duration of registration\n\nRegistration (other than provisional registration) as a social service provider continues in force until the registration is suspended, cancelled or revoked in accordance with this Act.\n\n","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Exemption—registration","content":"\t32 Exemption—registration\n\nThe Regulator may exempt a person or class of person providing a social service, or a person on behalf of an unincorporated body or class of unincorporated bodies providing a social service from any requirement of registration under this Part that is specified in a written notice given to the person.\n\nDivision 2—Cancellation of registration and winding up\n\n","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"Application—cancellation","content":"\t33 Application—cancellation\n\n(1) A registered social service provider may apply to the Regulator to cancel the registration of the social service provider.\n\n(2) On an application under subsection (1), the Regulator may—\n\n(a) cancel the applicant's registration as a social service provider; or\n\n(b) refuse to cancel the applicant's registration as a social service provider.\n\n(3) The Regulator must give the applicant written notice of the Regulator's decision under subsection (2).\n\n","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Cancellation of registration by Regulator","content":"\t34 Cancellation of registration by Regulator\n\n(1) The Regulator may cancel the registration of a registered social service provider—\n\n(a) if the registered social service provider no longer provides the services for which it is registered to provide; or\n\n(b) in any other circumstances that the Regulator considers it appropriate to do so.\n\n(2) Before the Regulator cancels registration under subsection (1)—\n\n(a) the Regulator must give written notice to the service provider of—\n\n(i) its intention to cancel the registration; and\n\n(ii) the reason for the cancellation; and\n\n(b) the service provider must be given the opportunity to make submissions to the Regulator for a period of 14 days after receiving the notice.\n\n(3) The Regulator must consider any submission received under subsection (2)(b) before cancelling registration under subsection (1).\n\n","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Notice of winding up","content":"\t35 Notice of winding up\n\n(1) A registered social service provider must give at least 28 days written notice to the Regulator before commencing any proceeding to wind up the registered social service provider.\n\n(2) A registered social service provider, as soon as reasonably practicable after becoming aware of the existence of any circumstance giving rise to an obligation on the service provider under a law of a State or Territory or of the Commonwealth to commence winding up proceedings, must give notice to the Regulator of the circumstance.\n\n(3) A registered social service provider, after becoming aware of the commencement of proceedings by any other person to wind up the service provider, must immediately give notice to the Regulator of the proceedings.\n\n(4) If the registered social service provider gives notice under this section and the service provider provides a service user with accommodation, the service provider must take all reasonable steps to arrange the provision of the following to the service user by another service provider—\n\n(a) accommodation;\n\n(b) any other services that the registered social service provider was providing to the service user before giving notice under this section.\n\nDivision 3—The Register\n\n","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"The Register","content":"\t36 The Register\n\n(1) The Regulator must keep a Register that includes the following information about each registered social service provider—\n\n(a) the name of the registered social service provider, including any trading name;\n\n(b) the street address of the registered social service provider;\n\n(c) the contact information of the registered social service provider;\n\n(d) each type of social service for which the registered social service provider is registered;\n\n(e) any conditions of registration;\n\n(f) details of any enforceable undertaking given by the registered social service provider under this Act;\n\n(g) details of any conviction or finding of guilt in relation to the registered social service provider for an offence against this Act or an order imposing a civil penalty for a contravention of this Act;\n\n(h) if the registration of the registered social service provider has been suspended, the reason for the suspension and the period of suspension;\n\n(i) if the registration of the service provider is cancelled or revoked;\n\n(j) the date and reasons for any cancellation or revocation of registration of the registered social service provider;\n\n(k) any rating given to the registered social service provider in accordance with any prescribed rating system;\n\n(l) any other prescribed information.\n\n(2) If the registration of a registered social service provider is cancelled, suspended or revoked, any information about that person in the Register is to be kept on the Register.\n\n(3) The Regulator may keep any information about any of the following on the Register if the Regulator considers it appropriate to do so—\n\n(a) the revocation of registration of a community service within the meaning of section 3(1) of the **Children, Youth and Families Act 2005** under that Act before the commencement of this Part;\n\n(b) the revocation of registration of a disability service provider within the meaning of section 3(1) of the **Disability Act 2006** under that Act before the commencement of this Part;\n\n(c) the revocation of registration of a supported residential service within the meaning of section 5 of the **Supported Residential Services (Community Visitors) Act 2010** under that Act before the commencement of this Part.\n\n(4) The Regulator must include the details of any exemption of a person providing a social service, or a person on behalf of an unincorporated body providing a social service, from any requirement of registration under this Part.\n\n(5) Information in the Register may be made public in accordance with the prescribed requirements (if any).\n\n","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Regulator may decide not to publish certain information in Register","content":"\t37 Regulator may decide not to publish certain information in Register\n\nThe Regulator may decide not to publish certain information in the Register—\n\n(a) in prescribed circumstances; or\n\n(b) if, in a particular case, the Regulator considers that publication of the information is not appropriate having regard to the circumstances.\n\nPart 4—Standards and notifications\n\nDivision 1—Social Services Standards\n\nSubdivision 1—Social Services Standards\n\n\t38 Effect of this Subdivision\n\nThe Parliament does not intend by this Subdivision—\n\n(a) to create in any person any legal right or give rise to any civil cause of action; or\n\n(b) to affect in any way the interpretation of any Act or law in force in Victoria.\n\n","sortOrder":42},{"sectionNumber":"39","sectionType":"section","heading":"Standard—safe service delivery","content":"\t39 Standard—safe service delivery\n\nSocial services are to be safely delivered based on assessed needs.\n\n","sortOrder":43},{"sectionNumber":"40","sectionType":"section","heading":"Standard—service user agency and dignity","content":"\t40 Standard—service user agency and dignity\n\nSocial services are to be person‐centred and respect and uphold service user rights and agency.\n\n","sortOrder":44},{"sectionNumber":"41","sectionType":"section","heading":"Standard—safe service environment","content":"\t41 Standard—safe service environment\n\nSocial services are to be provided in a safe, secure and fit‐for‐purpose environment.\n\n","sortOrder":45},{"sectionNumber":"42","sectionType":"section","heading":"Standard—feedback and complaints","content":"\t42 Standard—feedback and complaints\n\nService users are to be supported to provide feedback, complaints or concerns about service safety.\n\n","sortOrder":46},{"sectionNumber":"43","sectionType":"section","heading":"Standard—accountable organisational governance","content":"\t43 Standard—accountable organisational governance\n\nEffective governance and organisational systems are to support safe delivery of social services.\n\n","sortOrder":47},{"sectionNumber":"44","sectionType":"section","heading":"Standard—safe workforce","content":"\t44 Standard—safe workforce\n\nSocial services are to be delivered by a workforce that has the knowledge, capability and support to deliver safe social services with care and skill.\n\n","sortOrder":48},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Compliance with Social Services Standards","content":"Subdivision 2—Compliance with Social Services Standards\n\n","sortOrder":49},{"sectionNumber":"45","sectionType":"section","heading":"Compliance with Social Services Standards","content":"\t45 Compliance with Social Services Standards\n\n(1) A registered social service provider, as far as is reasonably practicable, must comply with the Social Services Standards in delivering the social services for which the provider is registered under this Act to deliver.\n\n(2) A registered social service provider who meets all of the prescribed service requirements in delivering a social service is taken to comply with the Social Services Standard to which those service requirements relate.\n\n(3) A registered social service provider who fails to comply with a prescribed service requirement is taken to fail to comply with the Social Services Standard to which the prescribed service requirement relates.\n\n(4) For the purposes of subsection (1), in determining whether or not a registered social service provider's compliance with the Social Services Standards in delivering a social service is, or was at a particular time, reasonably practicable, regard must be had to—\n\n(a) the likelihood of any risk that—\n\n(i) a service user's rights would be contravened; or\n\n(ii) a service user would suffer avoidable harm caused by abuse or neglect in connection with the delivery of the social service; and\n\n(b) the extent of the impact on a service user if a contravention of the service user's rights referred to in paragraph (a)(i), or harm to the service user referred to in paragraph (a)(ii), occurred; and\n\n(c) what the registered social service provider knew or ought reasonably to have known about—\n\n(i) any harm or risks of harm referred to in paragraph (a); and\n\n(ii) any ways of eliminating or reducing the risks referred to in paragraph (a); and\n\n(d) the availability, suitability and costs of any ways to remove or reduce the risks referred to in paragraph (a).\n\nSection 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.\n\n","sortOrder":50},{"sectionNumber":"46","sectionType":"section","heading":"Aggravated contravention of duty to comply with Social Services Standards","content":"\t46 Aggravated contravention of duty to comply with Social Services Standards\n\n(1) A registered social service provider commits an offence if—\n\n(a) the registered social service provider, without lawful excuse, intentionally or recklessly contravenes section 45(1); and\n\n(b) the contravention results in serious harm to, or is likely to result in serious harm to, a service user; and\n\n(c) the registered social service provider knew, or ought reasonably to have known, that the contravention would, or would be likely, to result in serious harm to a service user.\n\nPenalty: 5 years imprisonment or 1200 penalty units, in the case of an individual;\n\n6000 penalty units, in the case of a body corporate.\n\nSection 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.\n\n(2) An offence under subsection (1) is an indictable offence.\n\nThis offence may be heard and determined summarily (see section 28 of the **Criminal Procedure Act 2009**).\n\nDivision 2—Notifications\n\n","sortOrder":51},{"sectionNumber":"47","sectionType":"section","heading":"Registered social service provider to notify Regulator of certain matters","content":"\t47 Registered social service provider to notify Regulator of certain matters\n\n(1) A registered social service provider must notify the Regulator of the following matters in relation to a social service for which the registered social service provider is registered to provide—\n\n(a) changes to the volume and type of social service provided;\n\n(b) staffing changes that materially impact service delivery;\n\n(c) organisational changes that materially impact service delivery;\n\n(d) changes to premises at which the social services are provided that materially impact service delivery;\n\nS. 47(1)(e) amended by No. 6/2024 s. 102(1).\n\n(e) changes to information provided on registration that materially impact service delivery;\n\n(f) any prescribed criminal conviction of—\n\n(i) the registered social service provider, if that provider is an individual; or\n\n(ii) a director of the registered social service provider, if that provider is a body corporate; or\n\n(iii) any prescribed key personnel of the registered social service provider;\n\n(g) any change to the information recorded in the Register in relation to the registered social service provider;\n\n(h) any prescribed matter.\n\nS. 47(2) amended by No. 6/2024 s. 102(2)(a).\n\n(2) A notification under subsection (1) must be made—\n\nS. 47(2)(a) amended by No. 6/2024 s. 102(2)(b).\n\n(a) in a manner and form approved by the Regulator; and\n\n(b) within the prescribed period (if any).\n\n","sortOrder":52},{"sectionNumber":"48","sectionType":"section","heading":"Notifiable incidents","content":"\t48 Notifiable incidents\n\n(1) Subject to subsections (2) and (3), a registered social service provider, as soon as reasonably practicable, must notify the Regulator of any serious incident that has occurred, or may pose a serious risk to service users, during the delivery of a social service.\n\n(2) For the purposes of subsection (1), serious incidents include—\n\n(a) an incident that results in serious harm to a service user or WCES service user; and\n\n(b) an incident that is reasonably likely to cause serious harm to a service user or WCES service user; and\n\n(c) any other prescribed incident.\n\n(a) be given in the manner approved by the Regulator; and\n\n(b) include any prescribed information.\n\nS. 48(4) amended by No. 6/2024 s. 103.\n\n(4) The Regulator may exempt a registered social service provider or class of registered social service providers from the notice requirement under subsection (1), either generally or in relation to a class of serious incident, if the Regulator is satisfied that the registered social service provider or class of registered social service providers are required to give notice of the relevant incidents to another State or Commonwealth regulator or public entity.\n\n","sortOrder":53},{"sectionNumber":"49","sectionType":"section","heading":"Compliance statement","content":"\t49 Compliance statement\n\n(1) The Regulator, in writing, may request a registered social service provider to provide a compliance statement that the registered social service provider is complying with any or all provisions of this Act or the regulations.\n\n(2) A compliance statement requested under subsection (1) must—\n\n(b) contain a statement which describes how the registered social service provider is complying with any or all provisions of this Act or the regulations; and\n\n(c) contain the information requested by the Regulator; and\n\n(d) must be witnessed in a manner approved by the Regulator.\n\n(3) A registered social service provider must comply with a request under subsection (1).\n\n","sortOrder":54},{"sectionNumber":"50","sectionType":"section","heading":"Regulator may request further information","content":"\t50 Regulator may request further information\n\n(1) The Regulator, in writing, may request a registered social service provider to provide further specified information that the Regulator considers necessary about a matter referred to in section 47(1), 48 or 49 within—\n\n(a) a time specified in the request that is not less than 10 business days after the request is made; or\n\n(b) if no time is specified in the request, a prescribed time.\n\n(2) The registered social service provider must provide the information referred to in subsection (1) within the required time.\n\n","sortOrder":55},{"sectionNumber":"Part 5","sectionType":"part","heading":"Worker and carer exclusion scheme","content":"Part 5—Worker and carer exclusion scheme\n\n","sortOrder":56},{"sectionNumber":"51","sectionType":"section","heading":"Definitions—worker and carer exclusion scheme","content":"\t51 Definitions—worker and carer exclusion scheme\n\n***characteristics of a WCES service user*** means the characteristics of a person in relation to which a WCES service is provided including, but not limited to, age and disability;\n\n***excluded worker or carer*** means a person—\n\n(a) who is excluded from providing a WCES service or a class of WCES services under section 79(1)(a); or\n\n(b) in relation to whom an interim exclusion is in force;\n\n***interim exclusion*** means an interim exclusion issued under section 70;\n\n***member***, in relation to a Panel, means a member of a Panel appointed under section 68(1)(b) or (c);\n\n***Panel candidate*** means a person appointed under section 67;\n\n***regulatory entity***, in relation to a WCES worker or carer, means any of the following, other than the Regulator—\n\n(a) a Department that is responsible for regulating the WCES service provider by which the WCES worker or carer is employed or engaged;\n\n(b) a body—\n\n(i) that regulates or funds the WCES service provider by which the WCES worker or carer is employed or engaged; and\n\n(ii) that is prescribed to be a regulatory entity in respect of that WCES service provider;\n\n(c) any other body that is prescribed to be a regulatory entity in respect of the WCES worker or carer.\n\nDivision 2—Conduct that may lead to exclusion\n\n","sortOrder":57},{"sectionNumber":"52","sectionType":"section","heading":"Conduct that may lead to exclusion","content":"\t52 Conduct that may lead to exclusion\n\nA person engages in conduct that may lead to exclusion if at any time (whether before, on or after the commencement of this Part) the person engages in any of the following—\n\n(a) conduct that causes serious harm to—\n\n(b) conduct that a reasonable person would consider likely to cause serious harm to—\n\n(c) persistent or repeated conduct that results in harm to—\n\n(d) prescribed conduct.\n\n","sortOrder":58},{"sectionNumber":"53","sectionType":"section","heading":"Regulator to report to Chief Commissioner of Police","content":"\t53 Regulator to report to Chief Commissioner of Police\n\n(1) On becoming aware that a WCES worker or carer may be involved, or may have been involved, in criminal conduct, the Regulator must report the matter to the Chief Commissioner of Police.\n\n(2) Subsection (1) does not apply if the Regulator reasonably believes that Victoria Police is already aware of the matter.\n\n","sortOrder":59},{"sectionNumber":"54","sectionType":"section","heading":"Regulator may obtain information from Victoria Police","content":"\t54 Regulator may obtain information from Victoria Police\n\n(1) If the Regulator reasonably believes that a WCES worker or carer is engaging, or has engaged, in conduct that may lead to exclusion, the Regulator may request the Chief Commissioner of Police to provide the following information in relation to the worker or carer—\n\n(a) whether Victoria Police is investigating the worker or carer;\n\n(b) the result of the investigation as soon as practicable after its completion.\n\n(2) The Chief Commissioner of Police must comply with a request under subsection (1) unless providing the information would be reasonably likely to prejudice—\n\n(a) the investigation of a breach or possible breach of the law or a civil order; or\n\n(b) the enforcement or proper administration of the law or a civil order in a particular instance.\n\nDivision 3—Preliminary assessment of conduct that may lead to exclusion\n\n","sortOrder":60},{"sectionNumber":"55","sectionType":"section","heading":"Preliminary assessment by Regulator","content":"\t55 Preliminary assessment by Regulator\n\n(1) The Regulator may undertake a preliminary assessment to determine whether it is appropriate to investigate whether a WCES worker or carer is engaging, or has engaged, in conduct that may lead to exclusion.\n\n(2) The Regulator may undertake a preliminary assessment under subsection (1)—\n\n(a) at any time after receiving or becoming aware of information that suggests that the WCES worker or carer is engaging, or has engaged, in conduct that may lead to exclusion; or\n\n(b) in response to information obtained or considered during the undertaking of any preliminary assessment, whether or not that preliminary assessment relates to the same WCES worker or carer.\n\n(3) For the purposes of undertaking a preliminary assessment under subsection (1), the Regulator may—\n\n(a) consider any information the Regulator holds or to which the Regulator has access that relates to any WCES worker or carer; and\n\n(b) consider any information disclosed to the Regulator under this or another Act that relates to any WCES worker or carer; and\n\n(c) request information from any person or body about—\n\n(i) the conduct of the WCES worker or carer who is the subject of the preliminary assessment; or\n\n(ii) information that the Regulator may consider under paragraph (a) or (b).\n\n(4) After undertaking a preliminary assessment, the Regulator may—\n\n(a) determine that the conduct of the WCES worker or carer be investigated under section 57; or\n\n(b) refer the matter for determination by a Panel; or\n\n(c) determine that the matter does not require an investigation or a determination under this Part on the basis that—\n\n(i) information disclosed to the Regulator appears to be vexatious, misconceived or does not indicate that the WCES worker or carer is engaging, or has engaged, in conduct that may lead to exclusion; or\n\n(ii) the Regulator is satisfied that the matter is being adequately dealt with by another body; or\n\n(iii) the Regulator is satisfied that the matter is more appropriately dealt with other than by an investigation or determination under this Part.\n\n","sortOrder":61},{"sectionNumber":"56","sectionType":"section","heading":"Notice of investigation or referral","content":"\t56 Notice of investigation or referral\n\n(1) This section applies if the Regulator—\n\n(a) determines under section 55(4)(a) that the conduct of a WCES worker or carer be investigated; or\n\n(b) refers a matter relating to the conduct of a WCES worker or carer to a Panel under section 55(4)(b) for determination.\n\n(2) The Regulator must, as soon as practicable after making the determination or referral, give notice in writing of the determination or referral to the WCES worker or carer.\n\n(3) The Regulator may give notice in writing of the determination or referral to any WCES service provider that is engaging or employing the WCES worker or carer to provide a WCES service.\n\n(4) If the Regulator gives notice under subsection (3), the notice must be given as soon as practicable after the Regulator makes the determination or referral.\n\n(5) The Regulator may give notice in writing of the determination or referral to any WCES service provider who has at any time engaged or employed the WCES worker or carer to provide a WCES service.\n\n(6) A notice under subsection (2) or (3) must set out—\n\n(a) details of the WCES worker or carer's conduct that is the subject of the investigation or referral (as appropriate); and\n\n(b) the nature and purpose of the investigation or referral; and\n\n(c) in the case of a determination under section 55(4)(a)—\n\n(i) the matters to be considered during the investigation; and\n\n(ii) the information that the Regulator considers may be relevant to the investigation; and\n\n(d) in the case of a referral under section 55(4)(b), factors and information that the Panel may consider relevant when determining whether the worker or carer is to be excluded under section 79.\n\n(7) If the Regulator reasonably believes that giving notice under subsection (2) of a determination under section 55(4)(a) to the WCES worker or carer as soon as practicable after that determination would compromise an investigation or determination under this Part, the Regulator may give the notice under that subsection at a later time that the Regulator reasonably considers appropriate.\n\n","sortOrder":62},{"sectionNumber":"Div 4","sectionType":"division","heading":"Investigation of conduct that may lead to exclusion","content":"\tDivision 4—Investigation of conduct that may lead to exclusion\n\n","sortOrder":63},{"sectionNumber":"57","sectionType":"section","heading":"Investigation of conduct that may lead to exclusion","content":"\t57 Investigation of conduct that may lead to exclusion\n\n(1) If the Regulator makes a determination under section 55(4)(a), the Regulator may investigate the conduct of the WCES worker or carer.\n\n(2) An investigation under subsection (1) may be carried out on behalf of the Regulator by—\n\n(a) an authorised officer; or\n\n(b) an independent investigator.\n\n(3) The Regulator or an authorised officer or independent investigator may carry out an investigation in the manner the Regulator, authorised officer or independent investigator considers most appropriate, having regard to—\n\n(a) the provisions of this Act; and\n\n(b) the presumption that the carrying out of the investigation in the most timely and efficient manner is in the best interests of the persons and bodies involved; and\n\n(c) the circumstances of the particular investigation.\n\n","sortOrder":64},{"sectionNumber":"58","sectionType":"section","heading":"Regulator may suspend or discontinue investigation","content":"\t58 Regulator may suspend or discontinue investigation\n\n(1) The Regulator may suspend or discontinue an investigation under section 57 at any time if the Regulator considers that—\n\n(a) it is appropriate to do so having regard to the desirability of avoiding unnecessary duplication in the investigation of, and proceedings relating to, the conduct of a WCES worker or carer; and\n\n(b) the suspension or discontinuation would not prejudice the operation of the worker and carer exclusion scheme.\n\n(2) The Regulator must, as soon as possible after suspending or discontinuing an investigation under subsection (1), give notice in writing of the suspension or discontinuation—\n\n(a) to the WCES worker or carer; and\n\n(b) to any WCES service provider that is engaging or employing the WCES worker or carer to provide a WCES service.\n\n","sortOrder":65},{"sectionNumber":"59","sectionType":"section","heading":"Independent investigators","content":"\t59 Independent investigators\n\nThe Regulator may engage an independent body or person with appropriate qualifications, training or experience to investigate the conduct of a WCES worker or carer.\n\n","sortOrder":66},{"sectionNumber":"60","sectionType":"section","heading":"Provision of information during investigation","content":"\t60 Provision of information during investigation\n\nThe Regulator or any authorised officer may provide information relating to an investigation under section 57 to the independent investigator carrying out that investigation.\n\n","sortOrder":67},{"sectionNumber":"61","sectionType":"section","heading":"Concurrent Victoria Police investigation","content":"\t61 Concurrent Victoria Police investigation\n\n(1) On becoming aware that Victoria Police is investigating the conduct of a WCES worker or carer, unless the Chief Commissioner of Police advises that the police investigation is completed or agrees that an investigation under this Part may commence or continue in consultation with Victoria Police—\n\n(a) the Regulator, an authorised officer or an independent investigator must not commence or continue an investigation under this Part into that conduct; and\n\n(b) the Regulator must not convene a Panel in relation to the investigation of that conduct or refer the investigation to a Panel; and\n\n(c) a Panel convened in relation to the investigation of that conduct must not commence or continue to deal with the investigation.\n\n(2) In this section, an investigation by Victoria Police includes any court proceeding (including an appeal) arising out of the investigation.\n\n","sortOrder":68},{"sectionNumber":"62","sectionType":"section","heading":"Concurrent investigation by other regulatory entity","content":"\t62 Concurrent investigation by other regulatory entity\n\n(1) If a regulatory entity is investigating, or commences an investigation into the conduct of a WCES worker or carer—\n\n(a) despite section 63, the Regulator may determine not to convene a Panel in relation to that conduct; and\n\n(b) despite section 69(1), a Panel convened to hear a matter relating to that conduct may determine not to deal with the matter; and\n\n(c) despite section 57, the Regulator may determine not to commence or proceed with an investigation of the conduct.\n\n(2) In making a determination under subsection (1), the Regulator or Panel must have regard to the desirability of avoiding unnecessary duplication in the investigation of, and proceedings relating to, the conduct of a WCES worker or carer.\n\n(3) The Regulator or Panel must not make a determination under subsection (1) if making the determination would prejudice the operation of the worker and carer exclusion scheme.\n\n","sortOrder":69},{"sectionNumber":"63","sectionType":"section","heading":"Referral on completion of investigation","content":"\t63 Referral on completion of investigation\n\nAfter an investigation under section 57 into the conduct of a WCES worker or carer is completed, the Regulator may—\n\n(a) determine that the matter does not require referral to a Panel on the basis that—\n\n(i) the investigation does not indicate that the WCES worker or carer is engaging, or has engaged in, conduct that may lead to exclusion; or\n\n(ii) the Regulator is satisfied that the matter is being adequately dealt with by another body; or\n\n(iii) the Regulator is satisfied that the matter is more appropriately dealt with other than by a Panel; or\n\n(b) refer the matter to a Panel for determination under section 79.\n\n","sortOrder":70},{"sectionNumber":"64","sectionType":"section","heading":"Notice of determination or referral","content":"\t64 Notice of determination or referral\n\n(1) The Regulator must, as soon as practicable after referring a matter relating to the conduct of a WCES worker or carer to a Panel under section 63(b), give notice in writing of the referral to the WCES worker or carer.\n\n(2) The Regulator may give notice in writing of a referral under section 63(b) to any WCES service provider who is engaging or employing, or has at any time engaged or employed, the WCES worker or carer to provide a WCES service.\n\n(3) If the Regulator gives notice under subsection (2), the notice must be given as soon as practicable after the Regulator makes the referral.\n\n(4) A notice under subsection (1) or (2) must set out—\n\n(a) details of the WCES worker or carer's conduct that is the subject of the referral; and\n\n(b) the nature and purpose of the referral; and\n\n(c) factors and information that the Panel may consider relevant when determining whether the WCES worker or carer is to be excluded under section 79.\n\n(5) The Regulator must, as soon as practicable after determining under section 63(a) that a matter does not require referral to a Panel on the basis that the investigation does not indicate that the WCES worker or carer is engaging, or has engaged in, conduct that may lead to exclusion, give notice in writing of the determination to—\n\n(b) any WCES service provider who is employing or engaging, or has at any time engaged or employed, the worker or carer to provide a WCES service.\n\n(6) Subsection (5)(b) does not apply if the Regulator considers there are compelling reasons that justify not giving notice of the determination under that subsection to a WCES service provider.\n\n","sortOrder":71},{"sectionNumber":"65","sectionType":"section","heading":"Report of investigation","content":"\t65 Report of investigation\n\n(1) After an investigation under section 57 into the conduct of a WCES worker or carer is completed, the Regulator must ensure that a report on the investigation is prepared that includes—\n\n(a) the findings of the investigation; and\n\n(b) the grounds for those findings.\n\n(2) A report under subsection (1) may include information relating to any other report or investigation (whether carried out under this Part or not) into the WCES worker or carer or their conduct.\n\n(3) If the Regulator refers the matter to a Panel under section 63(b), the Regulator must submit the report under subsection (1) to—\n\n(a) that Panel; and\n\n(b) the WCES worker or carer.\n\n","sortOrder":72},{"sectionNumber":"66","sectionType":"section","heading":"Existing report into conduct may replace investigation","content":"\t66 Existing report into conduct may replace investigation\n\n(1) This section applies if the Regulator—\n\n(a) makes a determination under section 55(4)(a) that the conduct of a WCES worker or carer must be investigated; and\n\n(b) considers that a report on an investigation (however described) prepared by another regulatory entity or under Part 5A of the **Child Wellbeing and Safety Act 2005** into the worker or carer or their conduct adequately considers all the information required to be considered for the investigation; and\n\n(c) considers that no further investigation into the worker or carer or their conduct is required to determine whether the worker or carer is engaging in, or has engaged in, conduct that may lead to exclusion.\n\n(2) The Regulator is taken to have carried out an investigation into the conduct of the WCES worker or carer under section 57(1).\n\n(3) If the Regulator refers the matter to a Panel for determination under section 63(b), the Regulator may refer the report referred to in subsection (1)(b) to that Panel.\n\n","sortOrder":73},{"sectionNumber":"Div 5","sectionType":"division","heading":"Panels","content":"Division 5—Panels\n\n","sortOrder":74},{"sectionNumber":"67","sectionType":"section","heading":"Panel candidates","content":"\t67 Panel candidates\n\n(1) The Governor in Council, on the recommendation of the Minister, may by Order appoint as many persons to be Panel candidates for the purposes of this Division as the Governor in Council considers necessary.\n\n(2) The Minister must not recommend the appointment of a person as a Panel candidate unless the person has qualifications and experience in law, social work, psychology, the behaviour of criminal offenders or any other discipline that is considered likely to be relevant to the functions of a Panel.\n\n(3) A Panel candidate—\n\n(a) may at any time resign as a Panel candidate by writing to the Minister; and\n\n(b) may at any time be removed as a Panel candidate by Order of the Governor in Council on the recommendation of the Minister.\n\n","sortOrder":75},{"sectionNumber":"68","sectionType":"section","heading":"Regulator to convene Panels","content":"\t68 Regulator to convene Panels\n\n(1) If the Regulator refers a matter for determination by a Panel under section 55(4)(b) or 63(b), the Regulator must—\n\n(a) as soon as practicable, convene a Panel to determine whether the relevant WCES worker or carer is to be excluded from providing a WCES service or a specified class of WCES services; and\n\n(b) appoint a Panel candidate with legal qualifications and experience as the Chairperson of the Panel; and\n\n(c) appoint at least 2 further Panel candidates as Panel members.\n\n(2) The Regulator may appoint a Panel member to be acting Chairperson of the Panel.\n\n(3) The acting Chairperson of the Panel must act as Chairperson—\n\n(a) during any period when the office of the Chairperson is vacant; or\n\n(b) during any period when the Chairperson is absent; or\n\n(c) if the Chairperson is unable, for any other reason—\n\n(i) to attend hearings of the Panel; or\n\n(ii) to perform the duties of the Chairperson.\n\n(4) A decision of a Panel must be reached by—\n\n(a) a majority of votes of the Panel's members; or\n\n(b) if there is no majority under paragraph (a) because the Panel has an even number of members, a casting vote of the Panel's Chairperson.\n\n(5) If, after a Panel is convened under subsection (1), a Panel member is unable to attend hearings of the Panel, the functions of the Panel under this Division are to be carried out by the remaining members of the Panel.\n\n(6) The Regulator must provide any administrative assistance reasonably required by a Panel.\n\n(7) A Panel member—\n\n(a) is entitled to the remuneration and allowances determined from time to time by Order of the Governor in Council on the recommendation of the Minister; and\n\n(b) may at any time resign from the Panel by writing to the Minister.\n\n","sortOrder":76},{"sectionNumber":"69","sectionType":"section","heading":"Functions of Panel","content":"\t69 Functions of Panel\n\n(1) The functions of a Panel convened under section 68 are—\n\n(a) to hear the matter referred to it by the Regulator under section 55(4)(b) or 63(b); and\n\n(b) to determine whether or not the relevant WCES worker or carer is to be excluded from providing a WCES service or a specified class of WCES services.\n\n(2) In carrying out these functions, a Panel may consider the following—\n\n(a) any report or information submitted to the Panel under section 55, 65 or 66;\n\n(b) any information obtained by the Panel during its consideration of the matter;\n\n(c) any other information relevant to the matter that the Regulator submits to the Panel.\n\n(3) Despite subsection (1), a Panel convened to hear a matter may at any time suspend, discontinue or determine not to commence the hearing of the matter if the Panel considers that—\n\n(a) it is appropriate to do so having regard to the desirability of avoiding unnecessary duplication in the investigation of, and proceedings relating to, the conduct of a WCES worker or carer; and\n\n(b) the suspension, discontinuation or determination would not prejudice the operation of the worker and carer exclusion scheme.\n\n","sortOrder":77},{"sectionNumber":"70","sectionType":"section","heading":"Interim exclusions","content":"\t70 Interim exclusions\n\n(1) The Regulator may issue an interim exclusion to a WCES worker or carer if—\n\n(a) the Regulator reasonably believes that the worker or carer poses an unjustifiable risk of harm to WCES service users; and\n\n(b) the Regulator reasonably believes that the interim exclusion is necessary to protect WCES service users before a Panel determines whether or not the worker or carer is to be excluded from providing a WCES service or a specified class of WCES services; and\n\n(c) the Regulator has not referred the matter to a Panel.\n\n(2) A Panel to which a matter is referred may issue an interim exclusion to the WCES worker or carer who is the subject of a matter referred to it under section 55(4)(b) or 63(b) if the Panel—\n\n(a) reasonably believes that the worker or carer poses an unjustifiable risk of harm to WCES service users; and\n\n(b) believes that the interim exclusion is necessary to protect WCES service users before the Panel determines whether or not the worker or carer is to be excluded from providing a WCES service or a specified class of WCES services; and\n\n(c) has not determined the matter under section 79.\n\n(3) An interim exclusion comes into force on the later of the following—\n\n(a) the day on which notice of the exclusion is given under section 71(1);\n\n(b) the day specified in the notice as the day on which the interim exclusion comes into operation.\n\n(4) An interim exclusion issued under subsection (1) or (2) continues in force until—\n\n(a) the interim exclusion is revoked under section 73; or\n\n(b) a Panel determines under section 79 whether or not the WCES worker or carer to which the interim exclusion was issued is to be excluded from providing a WCES service or a specified class of WCES services.\n\n","sortOrder":78},{"sectionNumber":"71","sectionType":"section","heading":"Notice of interim exclusion","content":"\t71 Notice of interim exclusion\n\n(1) If the Regulator or a Panel issues an interim exclusion to a WCES worker or carer, the Regulator or Panel must, as soon as practicable, give notice in writing to—\n\n(b) any WCES service provider that is engaging or employing the WCES worker or carer to provide a WCES service; and\n\n(c) any registered social services provider that is engaging or employing the WCES worker or carer.\n\n(2) The Regulator or Panel may give notice in writing of the issue of the interim exclusion to—\n\n(a) any WCES service provider who has at any time engaged or employed the WCES worker or carer to provide a WCES service; and\n\n(b) any registered social services provider who has at any time engaged or employed the WCES worker or carer.\n\n(a) state that the WCES worker or carer is excluded from providing WCES services; and\n\n(b) specify the date on which the interim exclusion comes into force; and\n\n(c) set out the grounds on which the Regulator or Panel made the decision to issue the interim exclusion; and\n\n(d) state that the Regulator or Panel (as the case may be) must review the decision to issue the interim exclusion—\n\n(i) on a day specified in the notice; and\n\n(ii) at least every 30 days after the review required by subparagraph (i); and\n\n(e) state that the WCES worker or carer may at any time make submissions on the interim exclusion to the Regulator or Panel (as the case may be); and\n\n(f) state that the WCES worker or carer may apply to VCAT for review of the decision to make the interim exclusion.\n\n","sortOrder":79},{"sectionNumber":"72","sectionType":"section","heading":"Submissions concerning interim exclusions","content":"\t72 Submissions concerning interim exclusions\n\nIf the Regulator or a Panel issues an interim exclusion to a WCES worker or carer, or reviews a decision to issue an interim exclusion under section 73, the worker or carer may at any time make a written submission concerning the interim exclusion to the Regulator or Panel.\n\n","sortOrder":80},{"sectionNumber":"73","sectionType":"section","heading":"Review of interim exclusion","content":"\t73 Review of interim exclusion\n\n(1) If the Regulator or a Panel issues an interim exclusion, the Regulator or Panel (as the case may be) must review the decision to issue that exclusion—\n\n(a) on the day specified in the notice of the interim exclusion for the purposes of section 71(3)(d); and\n\n(b) at least once every 30 days after the review under paragraph (a).\n\n(2) When reviewing a decision to issue an interim exclusion, the Regulator or Panel—\n\n(a) must consider any submission made under section 72 concerning the interim exclusion; and\n\n(b) may consider any other information that the Regulator or Panel considers relevant.\n\n(3) After reviewing a decision to issue an interim exclusion, the Regulator or Panel must—\n\n(a) affirm the decision to issue the interim exclusion if—\n\n(i) the Regulator or Panel reasonably believes that the WCES worker or carer poses an unjustifiable risk of harm to WCES users; and\n\n(ii) the Regulator or Panel reasonably believes that the interim exclusion is necessary to protect WCES service users before the Panel determines the allegation; or\n\n(b) revoke the interim exclusion.\n\n","sortOrder":81},{"sectionNumber":"74","sectionType":"section","heading":"Notice of review of interim exclusion","content":"\t74 Notice of review of interim exclusion\n\n(1) After reviewing a decision to issue an interim exclusion under section 73, the Regulator or a Panel must, as soon as practicable, give notice of the review in writing to—\n\n(b) any WCES service provider who is engaging or employing the WCES worker or carer to provide a WCES service.\n\n(2) The Regulator or Panel may give notice in writing of the review to any WCES service provider who has at any time engaged or employed the WCES worker or carer to provide a WCES service.\n\n(a) state whether the interim exclusion is affirmed or revoked; and\n\n(b) if the interim exclusion is affirmed—\n\n(i) set out the reasons and information on which the Regulator or Panel made the decision to affirm the interim exclusion; and\n\n(ii) specify the date on which the Regulator or Panel will next review the decision to issue the interim exclusion; and\n\n(iii) state that the WCES worker or carer may at any time make submissions on the interim exclusion to the Regulator or Panel; and\n\n(c) if the interim exclusion is revoked, specify the date on which the revocation comes into effect.\n\n","sortOrder":82},{"sectionNumber":"75","sectionType":"section","heading":"Panel hearings","content":"\t75 Panel hearings\n\n(1) Subject to this Act, a Panel may determine the procedure of its hearings.\n\n(2) A Panel may conduct all or part of a hearing into a matter referred to it under section 55(4)(b) or 63(b) on the basis of documents without any physical appearance of the Regulator, the WCES worker or carer who is the subject of the matter or the worker or carer's representatives or witnesses if the Panel reasonably considers that this would not cause substantial prejudice to the worker or carer.\n\n(3) At a hearing conducted by a Panel—\n\n(a) the Panel must conduct the hearing with as little formality and technicality as the requirements of this Part and the proper consideration of the matter permit; and\n\n(b) the Panel is not bound by rules of evidence but may inform itself in any way it thinks fit; and\n\n(c) the Panel is bound by the rules of natural justice; and\n\n(d) the WCES worker or carer who is the subject of the matter has the right to be present, to make submissions and to be legally represented; and\n\n(e) the Regulator may present information to the Panel; and\n\n(f) the Panel may examine evidence or a person present at the hearing.\n\n(4) Despite subsection (3)(d), a Panel may conduct a hearing into a matter without the presence or submissions of the WCES worker or carer who is the subject of the matter if the worker or carer is given a reasonable opportunity to attend the hearing and make submissions.\n\n(5) A hearing must be closed to the public unless the Panel orders that the hearing is to be open to the public.\n\n(6) When considering whether to make an order under subsection (5), the Panel must take into account whether a closed hearing is necessary—\n\n(a) to protect the safety or privacy of any person; or\n\n(b) to promote the best interests of a child; or\n\n(c) to avoid causing undue stress or embarrassment to a witness at the hearing; or\n\n(d) to protect the fairness of the hearing; or\n\n(e) in the public interest.\n\n","sortOrder":83},{"sectionNumber":"76","sectionType":"section","heading":"Panel may limit disclosure of information","content":"\t76 Panel may limit disclosure of information\n\n(1) A Panel may determine that the following must not be published or broadcast—\n\n(a) the identity of any person;\n\n(b) any information or document that is likely to lead to the identification of any person.\n\n(2) A Panel may, if it considers that it is in the interests of justice to do so, determine that the following must not be published or broadcast—\n\n(a) the identity of—\n\n(i) the WCES worker or carer who is the subject of the matter being heard by the Panel; or\n\n(ii) a WCES service user; or\n\n(iii) a child;\n\n(b) any information or document that is likely to lead to the identification of a person specified in paragraph (a) before the final determination of the matter;\n\n(c) any information or document considered at a hearing of the Panel.\n\n","sortOrder":84},{"sectionNumber":"77","sectionType":"section","heading":"Offence to contravene non-publication determination by Panel","content":"\t77 Offence to contravene non-publication determination by Panel\n\nA person must not publish or broadcast, or cause to be published or broadcast—\n\n(a) any information or document in contravention of a determination by the Panel under section 76; or\n\n(b) any report of a hearing of a Panel before the final determination of the matter to which the hearing relates.\n\nPenalty: 100 penalty units, in the case of a body corporate;\n\n50 penalty units, in any other case.\n\n","sortOrder":85},{"sectionNumber":"78","sectionType":"section","heading":"Notice of Panel hearing","content":"\t78 Notice of Panel hearing\n\n(1) Before conducting any hearing into a matter referred to it under section 55(4)(b) or 63(b) (other than a hearing that the Panel is to conduct on the basis of documents only), the Panel must give notice of the hearing to the WCES worker or carer who is the subject of the matter.\n\n(a) specify details of the matter referred to the Panel, including any information that suggests that the WCES worker or carer is engaging, or has engaged, in conduct that may lead to exclusion; and\n\n(b) state the nature and purpose of the hearing; and\n\n(c) specify the time, date and location of the hearing; and\n\n(d) state that the worker or carer has the right to be present at, and make submissions to, the hearing; and\n\n(e) state that the worker or carer has the right to be legally represented at the hearing; and\n\n(f) state that the worker or carer has the right to be accompanied by a support person; and\n\n(g) state that the hearing is closed to the public, unless the Panel makes an order under section 75(5); and\n\n(h) set out the findings the Panel may make after conducting the hearing; and\n\n(i) state that the worker or carer has the right to apply for a review of a decision made by the Panel; and\n\n(j) be served on the worker or carer at least 28 days before the scheduled day of the hearing.\n\n(3) Before conducting any hearing into a matter referred to it under section 55(4)(b) or 63(b) on the basis of documents only, the Panel must give notice to the WCES worker or carer who is the subject of the matter—\n\n(a) that states the nature and purpose of the hearing; and\n\n(b) that the matter is to be heard on the basis of documents only; and\n\n(c) stating that the worker or carer has the right to make submissions to the hearing, including submissions relating to the manner in which the matter is to be heard.\n\n","sortOrder":86},{"sectionNumber":"Div 6","sectionType":"division","heading":"Panel determinations","content":"Division 6—Panel determinations\n\n","sortOrder":87},{"sectionNumber":"79","sectionType":"section","heading":"Panel determinations","content":"\t79 Panel determinations\n\n(1) After a Panel has conducted a hearing into a matter referred to it under section 55(4)(b) or 63(b), the Panel must determine either that—\n\n(a) the person who is the subject of the matter is excluded from providing a WCES service or a specified class of WCES services; or\n\n(b) that the person is not excluded from providing WCES services.\n\n(2) The Panel must make a determination under subsection (1)(a) if the Panel—\n\n(a) finds, on the balance of probabilities, that the person has engaged in conduct that may lead to exclusion (whether before, on or after the commencement of this Part); and\n\n(b) is reasonably satisfied that the person poses an unjustifiable risk to—\n\n(ii) any other person with the characteristics of a WCES service user.\n\n(3) When considering whether or not a person poses an unjustifiable risk to any WCES service user or other person with the characteristics of a WCES service user, the Panel may take the following into account—\n\n(a) the nature, gravity and circumstances of the conduct;\n\n(b) the period of time that has passed since the person engaged in conduct that may lead to exclusion;\n\n(c) the vulnerability of the WCES service user or other person at the time of that conduct;\n\n(d) the person's relationship to the WCES service user or other person at the time of the conduct;\n\n(e) whether the person had a position of authority in relation to the WCES service user or other person at the time of the conduct;\n\n(f) the person's criminal, misconduct and disciplinary history, including whether there is a pattern of concerning behaviour;\n\n(g) the person's behaviour since engaging in the conduct;\n\n(h) any finding made in relation to the compliance of a WCES service provider that has employed or engaged the person with any standards relating to worker safety, including but not limited to standards relating to worker training and supervision;\n\n(i) any finding made in relation to the person under this or another Act;\n\n(j) any other relevant circumstances in respect of the person's conduct or other relevant history.\n\n(4) A determination under subsection (1)(a) must specify the duration of the period for which the person is excluded from providing the WCES service or the specified class of WCES services (as appropriate).\n\n","sortOrder":88},{"sectionNumber":"80","sectionType":"section","heading":"Notice of determination","content":"\t80 Notice of determination\n\n(1) If a Panel makes a determination in relation to a WCES worker or carer under section 79(1), the Panel must, as soon as practicable, give notice in writing to—\n\n(b) any WCES service provider who is engaging or employing the WCES worker or carer to provide a WCES service; and\n\n(c) the Regulator.\n\n(2) The Panel may give notice in writing of the determination under section 79(1) to any WCES service provider who has at any time engaged or employed the WCES worker or carer to provide a WCES service.\n\n(3) If a notice under subsection (1) is for a determination that the WCES worker or carer is excluded from providing a WCES service or a class of WCES services, the notice must—\n\n(a) state that the worker or carer is excluded from providing that WCES service or class of WCES services (as appropriate); and\n\n(b) specify the date on which the exclusion comes into force; and\n\n(c) if the Panel determines a day on which the exclusion is to expire, that day; and\n\n(d) state that the WCES worker or carer may apply to VCAT for review of the decision to exclude the worker or carer.\n\n","sortOrder":89},{"sectionNumber":"81","sectionType":"section","heading":"Effect of exclusion","content":"\t81 Effect of exclusion\n\nIf a Panel makes a determination under section 79(1)(a) to exclude a WCES worker or carer from providing a WCES service or a class of WCES services, that person must not provide that WCES service or class of WCES service (as appropriate) for the period specified in the determination.\n\n","sortOrder":90},{"sectionNumber":"Div 7","sectionType":"division","heading":"Exclusion under the Worker Screening Act 2020","content":"Division 7—Exclusion under the Worker Screening Act 2020\n\n","sortOrder":91},{"sectionNumber":"82","sectionType":"section","heading":"Interim WWC exclusions and WWC exclusions","content":"\t82 Interim WWC exclusions and WWC exclusions\n\nA WCES worker or carer who is given an interim WWC exclusion or a WWC exclusion, or whose WWC clearance is suspended under section 79 of the **Worker Screening Act 2020**, must not provide a WCES service that involves child‑related work within the meaning of that Act while the interim WWC exclusion, WWC exclusion or suspension is in force.\n\n","sortOrder":92},{"sectionNumber":"Div 8","sectionType":"division","heading":"WCES database","content":"Division 8—WCES database\n\n","sortOrder":93},{"sectionNumber":"83","sectionType":"section","heading":"Regulator must maintain WCES database","content":"\t83 Regulator must maintain WCES database\n\n(1) The Regulator must establish and maintain a database of exclusion decisions.\n\n(2) If a Panel makes an exclusion decision, the Regulator must record the following in the WCES database—\n\n(a) the name of the WCES worker or carer who is subject to the exclusion decision;\n\n(b) details of the WCES services that the WCES worker or carer is excluded from providing;\n\n(c) the period of the exclusion;\n\n(d) details of the exclusion decision, including the provision under which the exclusion decision is made.\n\n(3) Subject to this Part, the Regulator may—\n\n(a) include on the WCES database any information that the Regulator considers appropriate; and\n\n(b) maintain the WCES database in the manner and form that the Regulator considers appropriate.\n\n","sortOrder":94},{"sectionNumber":"84","sectionType":"section","heading":"WCES service provider must ask for database check for proposed WCES workers or carers","content":"\t84 WCES service provider must ask for database check for proposed WCES workers or carers\n\n(1) Before employing or engaging a person as a WCES worker or carer, a WCES service provider must request the Regulator to disclose whether—\n\n(a) the person is the subject of any investigation under this Part that has not been finally determined; and\n\n(b) an exclusion decision is in force in relation to a person; and\n\n(c) if an exclusion decision is in force, the WCES services the person is excluded from providing.\n\n(2) The Regulator may provide any information recorded on the WCES database to a WCES service provider for the purposes of responding to a request under subsection (1).\n\n","sortOrder":95},{"sectionNumber":"85","sectionType":"section","heading":"WCES worker or carer must disclose details of employer to Regulator","content":"\t85 WCES worker or carer must disclose details of employer to Regulator\n\n(1) If a WCES worker or carer receives a notice under section 56, 64 or 71, the worker or carer must disclose the following to the Regulator—\n\n(a) the name of any WCES service provider that is employing or engaging the worker or carer at the time of the notice;\n\n(b) the name of any WCES service provider with which the worker or carer has a pending application for employment or engagement as a WCES worker or carer.\n\n(2) The WCES worker or carer must make a disclosure under subsection (1)—\n\n(a) as soon as practicable after receiving the notice under section 56, 64 or 71; or\n\n(b) if the worker or carer applies for employment or engagement as a WCES worker or carer after receiving the notice, as soon as practicable after making the application.\n\n","sortOrder":96},{"sectionNumber":"86","sectionType":"section","heading":"Excluded WCES worker or carer must disclose updated personal information to Regulator","content":"\t86 Excluded WCES worker or carer must disclose updated personal information to Regulator\n\nA person who is the subject of an exclusion decision that is in force must notify the Regulator, as soon as practicable, of any change to the person's name or place of residence.\n\n","sortOrder":97},{"sectionNumber":"87","sectionType":"section","heading":"Removal of exclusion from database on expiry","content":"\t87 Removal of exclusion from database on expiry\n\nThe Regulator must remove any information relating to a person's exclusion from providing WCES services from the WCES database if the period for which the person is excluded from providing those WCES service expires.\n\n","sortOrder":98},{"sectionNumber":"88","sectionType":"section","heading":"Removal of exclusion from database on application","content":"\t88 Removal of exclusion from database on application\n\n(1) A person may apply to the Panel for the removal of any information relating to the person from the WCES database if the prescribed circumstances exist.\n\n(2) An application under subsection (1) must be in the prescribed form, if any.\n\n(3) If the Panel is reasonably satisfied that the prescribed circumstances exist, the Panel may require the Regulator to remove any information relating to the person from the WCES database.\n\n","sortOrder":99},{"sectionNumber":"Div 9","sectionType":"division","heading":"Offences","content":"Division 9—Offences\n\n","sortOrder":100},{"sectionNumber":"89","sectionType":"section","heading":"Offence to apply for employment as WCES worker or carer if subject to investigation, referral or exclusion decision","content":"\t89 Offence to apply for employment as WCES worker or carer if subject to investigation, referral or exclusion decision\n\n(1) A person must not knowingly or recklessly apply to a WCES service provider for employment or engagement providing a WCES service if—\n\n(a) the person's conduct is being investigated, or a matter relating to the person's conduct is referred to a Panel, under this Part; and\n\n(b) the investigation or referral relates to the same or a similar WCES service as the application; and\n\n(c) the investigation or referral has not been finally determined under this Part; and\n\n(d) the person has not disclosed details of the investigation or referral to the WCES service provider.\n\n(2) A person must not knowingly or recklessly apply to a WCES service provider for employment or engagement providing a WCES service if the person is an excluded worker or carer in relation to that WCES service.\n\nPenalty: 240 penalty units or imprisonment for 2 years or both.\n\n","sortOrder":101},{"sectionNumber":"90","sectionType":"section","heading":"Offence to provide WCES service while excluded","content":"\t90 Offence to provide WCES service while excluded\n\nA person must not knowingly or recklessly provide a WCES service if the person is subject to an exclusion decision in relation to that WCES service.\n\nPenalty: 240 penalty units or imprisonment for 2 years or both.\n\n","sortOrder":102},{"sectionNumber":"91","sectionType":"section","heading":"Offence to fail to notify employer of investigation or referral","content":"\t91 Offence to fail to notify employer of investigation or referral\n\n(1) A person must within the prescribed time notify a WCES service provider by which the person is employed or engaged to provide a WCES service if the person receives a notice under section 56 or 64.\n\n(2) If an exclusion decision is made in relation to a person, the person must within the prescribed time—\n\n(a) notify a WCES service provider by which the person is employed or engaged as a WCES worker or carer that the person is subject to the exclusion decision; and\n\n(b) disclose to the WCES service provider the period for which the person is excluded and any conditions of the exclusion decision.\n\n","sortOrder":103},{"sectionNumber":"92","sectionType":"section","heading":"Offence to employ or engage WCES worker or carer without database check","content":"\t92 Offence to employ or engage WCES worker or carer without database check\n\nA WCES service provider must not knowingly employ or engage a person to provide a WCES service before receiving a database check requested from the Regulator under section 84(1) for that person.\n\n","sortOrder":104},{"sectionNumber":"93","sectionType":"section","heading":"Offence to employ or engage excluded person","content":"\t93 Offence to employ or engage excluded person\n\n(1) A WCES service provider must not knowingly employ or engage a person to provide a WCES service if that person is subject to an exclusion decision in relation to that WCES service.\n\n(2) A WCES service provider must not knowingly continue to employ or engage a person to provide a WCES service if the service provider becomes aware that the person is subject to an exclusion decision in relation to that WCES service.\n\n","sortOrder":105},{"sectionNumber":"Div 10","sectionType":"division","heading":"Information gathering and use under worker and carer exclusion scheme","content":"Division 10—Information gathering and use under worker and carer exclusion scheme\n\n","sortOrder":106},{"sectionNumber":"94","sectionType":"section","heading":"Notice to produce","content":"\t94 Notice to produce\n\n(1) A Panel by written notice may require a person to produce a specified document or thing that the Panel reasonably considers necessary to perform functions or exercise powers under this Part.\n\nSee Division 2 of Part 6 for the powers of the Regulator and authorised officers and independent investigators to require documents to be produced.\n\n(a) state that it is an offence to fail or refuse to comply with the notice without reasonable excuse; and\n\n(b) state the maximum penalty for failing or refusing to comply with the notice; and\n\n(c) set out examples of what may constitute a reasonable excuse for failing or refusing to comply with the notice; and\n\n(d) any other information the Panel considers appropriate.\n\n","sortOrder":107},{"sectionNumber":"95","sectionType":"section","heading":"Offence to fail to comply with notice to produce","content":"\t95 Offence to fail to comply with notice to produce\n\n(1) A person to whom a notice to produce under section 94 is given must not refuse or fail to comply with the notice without a reasonable excuse.\n\nPenalty: 300 penalty units, in the case of a body corporate;\n\n60 penalty units, in any other case.\n\n(2) It is a reasonable excuse for an individual to refuse or fail to comply with a notice to produce if—\n\n(a) producing the document or thing specified in the notice would tend to incriminate the individual; or\n\n(b) producing the document or thing would be a breach of legal professional privilege or client legal privilege.\n\n(3) A document or thing produced as a result of a notice to produce is not admissible in evidence against the individual in any criminal proceeding.\n\n","sortOrder":108},{"sectionNumber":"96","sectionType":"section","heading":"Notice to attend","content":"\t96 Notice to attend\n\n(1) A Panel by written notice may require a person to attend before the Panel for either or both of the following purposes—\n\n(a) to produce any specified document or thing;\n\n(b) to give information or evidence relating to an allegation of misconduct.\n\n(a) state that it is an offence to fail or refuse to comply with the notice without reasonable excuse; and\n\n(b) state the maximum penalty for failing or refusing to comply with the notice; and\n\n(c) set out examples of what may constitute a reasonable excuse for failing or refusing to comply with the notice; and\n\n(d) any other information the Panel considers appropriate.\n\n","sortOrder":109},{"sectionNumber":"97","sectionType":"section","heading":"Offence to fail to comply with notice to attend","content":"\t97 Offence to fail to comply with notice to attend\n\n(1) A person to whom a notice to attend under section 96 is given must not refuse or fail to comply with the notice without reasonable excuse.\n\nPenalty: 300 penalty units, in the case of a body corporate;\n\n60 penalty units, in any other case.\n\n(2) It is a reasonable excuse for an individual to refuse or fail to comply with a notice to attend if—\n\n(a) producing a document or thing specified in the notice would tend to incriminate the individual; or\n\n(b) producing the document or thing would be a breach of legal professional privilege or client legal privilege.\n\n(3) A document or thing produced as a result of a notice to attend is not admissible in evidence against the individual in any criminal proceeding.\n\n","sortOrder":110},{"sectionNumber":"98","sectionType":"section","heading":"Power to take evidence on oath or affirmation","content":"\t98 Power to take evidence on oath or affirmation\n\n(1) A Panel may require a person to give evidence or answer questions on oath or affirmation—\n\n(a) if the person is attending a hearing conducted by a Panel under Division 5; or\n\n(b) if the person is attending before the Panel for the purposes of producing any document or thing or giving information or evidence.\n\n(2) The Panel may administer an oath or affirmation to a person for the purpose of subsection (1).\n\n","sortOrder":111},{"sectionNumber":"99","sectionType":"section","heading":"Powers relating to documents and things","content":"\t99 Powers relating to documents and things\n\n(1) A Panel may do any of the following if a document or thing is produced under this Part to the Panel under this Act—\n\n(a) examine or inspect the document or thing;\n\n(b) retain the document or thing for any period reasonably necessary for the purposes in relation to which the document or thing was produced;\n\n(c) make any copies of, or take any extracts from, the document or thing that are reasonably necessary for the purposes in relation to which the document or thing was produced;\n\n(d) do any other thing that is reasonably necessary for the purpose of the Panel performing or exercising functions or powers under this Part.\n\n(2) If a document or thing ceases to be reasonably necessary for the purposes in relation to which it was produced, the Panel must, at the request of any person who appears to be entitled to the document or thing, cause the document or thing to be delivered to the person.\n\nS. 100 (Heading) amended by No. 9/2023 s. 239.\n\n","sortOrder":112},{"sectionNumber":"100","sectionType":"section","heading":"Impact of interview or hearing must be mitigated—WCES workers or carers","content":"\t100 Impact of interview or hearing must be mitigated—WCES workers or carers\n\nBefore interviewing a WCES worker or carer, or requiring a WCES worker or carer to attend a hearing conducted by a Panel under this Part, the Regulator, a Panel, an authorised officer or an independent investigator must consider, and take all reasonable steps to mitigate, any negative effect that the interview or hearing may have on the worker or carer.\n\nS. 100A inserted by No. 9/2023 s. 240.\n\n","sortOrder":113},{"sectionNumber":"100A","sectionType":"section","heading":"Impact of interview or hearing must be mitigated—WCES service users","content":"\t100A Impact of interview or hearing must be mitigated—WCES service users\n\n(1) Before interviewing a WCES service user or a person with the characteristics of a WCES service user, the Regulator, a Panel, an authorised officer or an independent investigator must consider, and take all reasonable steps to mitigate, any negative effect that the interview may have on the service user or person.\n\n(2) Before requiring a WCES service user or a person with the characteristics of a WCES service user to attend a hearing conducted by a Panel under this Part, the Panel must consider, and take all reasonable steps to mitigate, any negative effect that the hearing may have on the service user or person.\n\nS. 100B inserted by No. 9/2023 s. 240.\n\n","sortOrder":114},{"sectionNumber":"100B","sectionType":"section","heading":"Mitigation of impact of interviews on children","content":"\t100B Mitigation of impact of interviews on children\n\n(1) This section applies if the Regulator, a Panel, an authorised officer or an independent investigator interviews, or proposes to interview, a child that is a WCES service user or has the characteristics of a WCES service user.\n\n(2) The Regulator, Panel, authorised officer or independent investigator may engage a person with appropriate qualifications, training or experience in interviewing child victims of abuse to conduct an interview on behalf of the Regulator, Panel, authorised officer or independent investigator.\n\n(3) Before interviewing a child, the interviewer must consider, and take all reasonable steps to mitigate, any negative effect that the interview may have on the child.\n\n(4) Without limiting subsection (3), the Regulator, Panel, authorised officer or independent investigator must consider whether the child's primary family carer (within the meaning of the **Commission for Children and Young People Act 2012**) should be present during the interview.\n\n","sortOrder":115},{"sectionNumber":"101","sectionType":"section","heading":"WCES service provider must provide reasonable assistance","content":"\t101 WCES service provider must provide reasonable assistance\n\nThe person in charge of a WCES service provider and every member of staff of the WCES service provider must provide the Regulator, a Panel, an authorised officer or an independent investigator with such reasonable assistance and access to records and employees as the Regulator, Panel, authorised officer or independent investigator requires in carrying out a function under this Part.\n\n","sortOrder":116},{"sectionNumber":"102","sectionType":"section","heading":"Regulator may disclose information to Panel or authorised officer or independent investigator","content":"\t102 Regulator may disclose information to Panel or authorised officer or independent investigator\n\nThe Regulator may disclose any information that it keeps or obtains in the performance of its functions or the exercise of its powers under this or another Act (however obtained) to a Panel or an authorised officer or independent investigator to enable the Panel, authorised officer or independent investigator to perform any function or exercise any power under this Part.\n\nPart 6—Investigation and monitoring\n\nDivision 1—Authorised officers and independent investigators\n\n\t103 Appointment of authorised officers\n\nS. 103(1) amended by No. 58/2025 s. 132(1).\n\n(1) The Regulator by instrument may appoint a person employed under Part 3 of the **Public Administration Act 2004** to be an authorised officer for the purposes of this Act or the **Worker Screening Act 2020**.\n\nS. 103(2) amended by No. 58/2025 s. 132(1).\n\n(2) The Regulator must not appoint a person to be an authorised officer under this section unless the Regulator is satisfied that the person is suitably qualified or trained to be an authorised officer for the purposes of this Act or the **Worker Screening Act 2020**.\n\n(3) An appointment of a person to be an authorised officer may—\n\nS. 103(3)(a) amended by No. 58/2025 s. 132(2).\n\n(a) specify the functions, duties or powers under the Act to which it relates; and\n\n(b) be made subject to any conditions or limitations that the Regulator considers appropriate.\n\n","sortOrder":117},{"sectionNumber":"104","sectionType":"section","heading":"Regulator may issue directions to authorised officers","content":"\t104 Regulator may issue directions to authorised officers\n\nS. 104(1) amended by No. 58/2025 s. 132(1).\n\n(1) The Regulator may give a direction to an authorised officer in relation to the performance of the authorised officer's functions or duties or the exercise of the authorised officer's powers under this Act or the **Worker Screening Act 2020**.\n\n(2) A direction given under subsection (1) may—\n\n(a) be of a general nature; or\n\n(b) relate to a specific matter or specified class of matter.\n\n","sortOrder":118},{"sectionNumber":"105","sectionType":"section","heading":"Identity cards for authorised officers and independent investigators","content":"\t105 Identity cards for authorised officers and independent investigators\n\n(1) The Regulator must issue an identity card to each authorised officer and independent investigator.\n\n(2) An identity card issued under subsection (1) must—\n\n(a) state that the holder is an authorised officer or independent investigator (as appropriate); and\n\n(b) contain a photograph of the authorised officer or independent investigator; and\n\n(c) contain the name and signature of the authorised officer or independent investigator; and\n\n(d) contain the signature of the Regulator.\n\n(3) If a person to whom an identity card has been issued ceases to be an authorised officer or independent investigator, the person must return the person's identity card to the Regulator as soon as practicable.\n\n","sortOrder":119},{"sectionNumber":"106","sectionType":"section","heading":"Requirement to produce identity card","content":"\t106 Requirement to produce identity card\n\n(1) An authorised officer or independent investigator must produce their identity card for inspection—\n\n(a) immediately before exercising a power of entry under Division 3; and\n\nS. 106(1)(b) amended by No. 58/2025 s. 132(1).\n\n(b) before exercising any other power under this Act or the **Worker Screening Act 2020** if asked to do so.\n\n(2) If it is not practicable to comply with subsection (1) before exercising the power, the authorised officer or independent investigator must produce the identity card for inspection at the first reasonable opportunity.\n\nS. 106(3) amended by No. 58/2025 s. 132(1).\n\n(3) An authorised officer or independent investigator must produce their identity card for inspection while exercising a power under this Act or the **Worker Screening Act 2020** at a premises if asked to do so by the occupier or a resident.\n\n(4) If an authorised officer or independent investigator does not comply with a request under subsection (3), the authorised officer or independent investigator must immediately cease exercising the power.\n\n","sortOrder":120},{"sectionNumber":"107","sectionType":"section","heading":"Complaints about authorised officers or independent investigators","content":"\t107 Complaints about authorised officers or independent investigators\n\n(1) A person may complain to the Regulator about the exercise of a power by an authorised officer or independent investigator under this Act.\n\n(2) A complaint under subsection (1) may be made—\n\n(a) in writing; or\n\n(b) in a form approved by the Regulator.\n\n(3) The Regulator must—\n\n(a) investigate any complaint made in accordance with subsection (2); and\n\n(b) provide a written response to the complainant on the findings of the investigation.\n\n\tDivision 2—Powers to obtain information, etc.\n\n","sortOrder":121},{"sectionNumber":"108","sectionType":"section","heading":"Power to request information and documents","content":"\t108 Power to request information and documents\n\n(1) The Regulator, an authorised officer or an independent investigator, by written notice, may request a person to provide information or documents that the Regulator, authorised officer or independent investigator reasonably believes is necessary for the purposes of—\n\n(a) monitoring compliance with a provision of this Act or the regulations; or\n\n(b) the worker and carer exclusion scheme.\n\n(2) A person is authorised to provide the information requested under subsection (1).\n\nSee section 110.\n\n(3) A person may refuse to provide the information requested under subsection (1).\n\n(4) The Regulator, authorised officer or independent investigator, at the time of making a request of a person under subsection (1), must advise the person that the person may refuse to provide the information requested.\n\n","sortOrder":122},{"sectionNumber":"109","sectionType":"section","heading":"Power to obtain information, documents and evidence","content":"\t109 Power to obtain information, documents and evidence\n\n(1) The Regulator, an authorised officer or an independent investigator may exercise a power under this section for the purposes of—\n\nS. 109(1)(a) amended by No. 58/2025 s. 13.\n\n(a) monitoring compliance with a provision of this Act or the regulations; or\n\n(b) the worker and carer exclusion scheme.\n\n(2) The Regulator, an authorised officer or an independent investigator, by written notice, may require a specified person—\n\n(a) to provide to the Regulator, authorised officer or independent investigator, within the time and in the manner specified in the notice, any relevant information that is specified in the notice; or\n\n(b) to produce to the Regulator, authorised officer or independent investigator, in accordance with the notice, any relevant document referred to in the notice; or\n\n(c) to appear before the Regulator, authorised officer or independent investigator at a time and place specified in the notice to give any information or to produce any relevant document specified in the notice.\n\n(3) The notice must specify the purpose under subsection (1) for which the notice is issued.\n\n(4) The time for complying with the notice must not be less than 10 business days from the date the notice is issued.\n\n(5) The Regulator, an authorised officer or an independent investigator, on the written application of the person specified in the notice, may do any of the following—\n\n(a) extend the time for complying with the notice;\n\n(b) amend or revoke any requirement  specified in the notice.\n\n(6) A person is authorised to provide the information requested under subsection (2).\n\nSee section 110.\n\n(7) A person must not refuse or fail to comply with a notice under subsection (2) without reasonable excuse.\n\n","sortOrder":123},{"sectionNumber":"110","sectionType":"section","heading":"Protection of persons giving certain information","content":"\t110 Protection of persons giving certain information\n\nThe giving of information that is authorised or required to be given under this Act—\n\n(a) does not for any purpose constitute unprofessional conduct or a breach of professional ethics on the part of the person who gives it; or\n\n(b) does not make the person who gives it subject to any liability in respect of it; or\n\n(c) does not constitute a contravention of any other Act or law (including common law).\n\n","sortOrder":124},{"sectionNumber":"111","sectionType":"section","heading":"False or misleading information","content":"\t111 False or misleading information\n\n(1) A person must not—\n\n(a) give information that is false or misleading in a material particular; or\n\n(b) make a statement that is false or misleading in a material particular; or\n\n(c) produce a document that is false or misleading in a material particular; or\n\n(d) make an entry in a document required to be kept under this Act or the regulations that is false or misleading—\n\nto the Regulator, an authorised officer or an independent investigator without indicating the respect in which it is false or misleading and, if practicable, providing correct information.\n\n(2) In a proceeding for an offence against subsection (1), it is a defence to the charge for the accused to prove that at the time at which the offence is alleged to have been committed, the accused believed on reasonable grounds that the information, statement, document or entry was true or was not misleading.\n\nDivision 3—Powers of entry\n\nSubdivision 1—Entry without search warrant\n\n\t112 Power to enter premises of registered social service providers—monitoring compliance\n\nS. 112(1) amended by No. 9/2023 s. 241.\n\n(1) For the purposes of monitoring compliance with a provision of this Act or investigating a possible contravention of this Act, an authorised officer may enter any premises (other than residential premises within the meaning of section 113) without a warrant if the authorised officer reasonably believes that the premises is owned or occupied by a registered social service provider.\n\n(2) The power of entry under subsection (1) may be exercised—\n\n(a) at any time that the registered social service provider is providing a social service; or\n\n(b) at any time, if the authorised officer believes on reasonable grounds that the entry is necessary to eliminate or reduce an imminent risk of harm to a service user.\n\n","sortOrder":125},{"sectionNumber":"113","sectionType":"section","heading":"Power to enter residential premises with consent","content":"\t113 Power to enter residential premises with consent\n\n(1) Subject to subsection (2), for the purposes of monitoring compliance with a provision of this Act or investigating a possible contravention of a provision of this Act, an authorised officer or independent investigator may enter any residential premises owned or occupied by a registered social service provider with the consent of the occupier.\n\nS. 113(2) substituted by No. 9/2023 s. 242(1).\n\n(2) An authorised officer or independent investigator must not under subsection (1) enter a part of residential premises that is used as a bedroom—\n\n(a) in the case of a bedroom of a service user in residential premises occupied by a provider of a supported residential service or a prescribed residential disability service, unless—\n\n(i) the authorised officer or independent investigator has the consent of the service user to do so; or\n\n(ii) the authorised officer or independent investigator—\n\n(A) considers the entry reasonably necessary for the purposes of monitoring compliance with a provision of this Act, or investigating a possible contravention of this Act, having regard to the matters specified in subsection (2A); and\n\n(B) is unable to obtain the consent of the service user after taking all reasonable steps to do so; or\n\n(b) in any other case, the authorised officer or independent investigator has the consent of the resident of the bedroom to do so.\n\nS. 113(2A) inserted by No. 9/2023 s. 242(1).\n\n(2A) The following matters are specified for the purposes of subsection (2)(a)(ii)(A)—\n\n(a) whether entry to the bedroom is necessary to eliminate or reduce an immediate risk of harm to a service user;\n\n(b) the time of the entry;\n\n(c) whether the premises in which the bedroom is located are open to the public at the time of the entry;\n\n(d) whether the purpose of the entry may be achieved by a less intrusive means;\n\n(e) any other matter that the authorised officer or independent investigator reasonably considers appropriate.\n\nS. 113(3) amended by No. 9/2023 s. 242(2)(a).\n\n(3) Before attempting to enter a residential premises or a bedroom in a residential premises, an authorised officer or independent investigator must notify the occupier or the resident (as the case may be) of—\n\n(a) the purpose of the entry; and\n\nS. 113(3)(b) amended by No. 9/2023 s. 242(2)(b).\n\n(b) the occupier's or resident's right to refuse entry to the authorised officer or independent investigator or to the exercise of any powers after entry; and\n\nS. 113(3)(c) inserted by No. 9/2023 s. 242(2)(c).\n\n(c) the power of the authorised officer or independent investigator to enter a bedroom under subsection (2)(a)(ii) without the consent of the resident.\n\n(4) An authorised officer or independent investigator, in seeking to obtain the occupier's or resident's consent to the entry and inspection, may—\n\n(a) enter land around the premises to the extent that it is reasonable to do so for the purpose of contacting the occupier or resident; or\n\n(b) enter a part of the premises which the authorised officer or independent investigator considers can be entered by a member of the public for the purpose of contacting the occupier or resident.\n\n(5) Consent to the entry and inspection of the residential premises or bedroom may be—\n\nS. 113(5)(a) amended by No. 9/2023 s. 242(3)(a).\n\n(a) for the purposes of subsection (2)(b), given by the resident's guardian or parent if the resident of the bedroom is unable to give consent; and\n\nS. 113(5)(ab) inserted by No. 9/2023 s. 242(3)(b).\n\n(ab) for the purposes of subsection (2)(a), given by the resident's guardian, parent or next of kin if the resident of the bedroom is unable to give consent; and\n\nS. 113(5)(b) amended by No. 9/2023 s. 242(3)(c).\n\n(b) limited to entry at a particular time; and\n\nS. 113(5)(c) amended by No. 9/2023 s. 242(3)(d).\n\n(c) except in the case of entry under subsection (2)(a)(ii), withdrawn by the occupier, resident or resident's parent or guardian at any time.\n\n(6) If consent is withdrawn under subsection (5)(c), the authorised officer or independent investigator must immediately leave the residential premises or bedroom.\n\nS. 113(7) inserted by No. 9/2023 s. 242(4).\n\n(7) In this section—\n\n***residential premises*** means premises, or part of premises, occupied by a registered social service provider—\n\n(a) that is used as the private residence of the social service provider or any person employed or engaged by the social service provider; or\n\n(b) that is used as the bedroom of a social service user;\n\n***supported residential service*** means a supported residential service within the meaning given in section 214 that is registered under Part 3.\n\n","sortOrder":126},{"sectionNumber":"114","sectionType":"section","heading":"Power to enter premises of unregistered providers and WCES workers and carers with consent","content":"\t114 Power to enter premises of unregistered providers and WCES workers and carers with consent\n\n(1) For the purposes of an investigation under this Act or the regulations, including ascertaining whether the occupier is required to comply with this Act or the regulations, an authorised officer or independent investigator may enter any premises if—\n\n(a) the authorised officer or independent investigator believes on reasonable grounds that the occupier of the premises is operating a social service; and\n\n(b) the occupier of the premises consents to the entry and inspection; and\n\n(c) in the case of a bedroom in a residential premises, the resident of the bedroom consents to the entry and inspection.\n\n(2) Subsection (1) does not apply in respect of premises occupied by a registered social service provider.\n\n(3) An authorised officer or independent investigator, in seeking to obtain the occupier's or resident's consent to the entry and inspection, may—\n\n(a) enter land around the premises to the extent that it is reasonable to do so for the purpose of contacting the occupier or resident; or\n\n(b) enter a part of the premises which the authorised officer or independent investigator considers can be entered by a member of the public for the purpose of contacting the occupier or resident.\n\n(4) Consent to the entry and inspection of the premises or bedroom may be—\n\n(a) in the case of a bedroom, given by the resident's parent or guardian if the resident of the bedroom is unable to give consent; and\n\n(b) limited to entry at a particular time; and\n\n(c) withdrawn by the occupier, resident or resident's parent or guardian at any time.\n\n(5) If consent is withdrawn under subsection (4)(c), the authorised officer must immediately leave the premises or bedroom.\n\nSubdivision 2—Search warrants\n\n","sortOrder":127},{"sectionNumber":"115","sectionType":"section","heading":"Issue of search warrant","content":"\t115 Issue of search warrant\n\n(1) An authorised officer or independent investigator may apply to a magistrate for the issue of a search warrant in relation to any premises if the authorised officer or independent investigator reasonably believes that—\n\n(a) entry to the premises is necessary—\n\n(i) to investigate a possible contravention of this Act or the regulations; or\n\n(ii) to determine whether a person is providing a social service without being registered under Part 3 to provide that service; or\n\n(b) there is, or may be within the next 72 hours, a particular document or thing at the premises that may afford evidence of an offence against this Act or the regulations.\n\n(2) A magistrate may issue a search warrant if the magistrate is satisfied by evidence on oath or by affirmation or by affidavit that there are reasonable grounds for the authorised officer's or independent investigator's belief under subsection (1).\n\n(3) The search warrant may authorise a named authorised officer or independent investigator, and any assistants the authorised officer or independent investigator considers necessary—\n\n(a) to enter the premises or part of the premises named or described in the warrant; and\n\n(b) to search for and seize the document or thing named or described in the warrant; and\n\n(c) to seize any document or thing not named or described in the warrant if the authorised officer or independent investigator reasonably believes that the document or thing may afford evidence of the commission of an offence against this Act.\n\n(4) In addition to any other requirement, the search warrant must state—\n\n(a) the offence suspected; and\n\n(b) the premises to be searched; and\n\n(c) a description of the document or thing for which the search is to be made; and\n\n(d) any conditions to which the warrant is subject; and\n\n(e) whether entry is authorised to be made at any time or during specified hours; and\n\n(f) that the warrant authorises entry on only one occasion; and\n\n(g) a day, not later than 7 days after the warrant is issued, on which it ceases to have effect.\n\n(5) Subject to subsection (7), a search warrant must be issued in accordance with the **Magistrates' Court Act 1989** and in the form prescribed under that Act.\n\n(6) The rules that apply to search warrants mentioned in the **Magistrates' Court Act 1989** extend and apply to search warrants under this section.\n\n(7) Despite section 78 of the **Magistrates' Court Act 1989**, a search warrant must not authorise an authorised officer or independent investigator to arrest a person.\n\n","sortOrder":128},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Procedure for entry","content":"Subdivision 3—Procedure for entry\n\n","sortOrder":129},{"sectionNumber":"116","sectionType":"section","heading":"Announcement before exercising power of entry","content":"\t116 Announcement before exercising power of entry\n\n(1) Subject to subsection (2), before entering any premises in the exercise of a power conferred by this Act, an authorised officer or independent investigator must—\n\n(a) announce that they are an authorised officer or independent investigator (as appropriate) who is authorised under this Act or by the warrant issued under this Act to enter the premises; and\n\n(b) give any person in the premises a reasonable opportunity to allow entry to the premises.\n\n(2) An authorised officer or independent investigator does not have to make an announcement or give reasonable opportunity for entry under subsection (1) if the authorised officer or independent investigator—\n\n(a) considers that it is not practicable to do so; or\n\n(b) believes on reasonable grounds that immediate entry to the premises is required to ensure—\n\n(i) the health or safety of any person; or\n\n(ii) the effective exercise of the powers of the authorised officer or independent investigator.\n\n","sortOrder":130},{"sectionNumber":"117","sectionType":"section","heading":"Copy of warrant to be given to occupier","content":"\t117 Copy of warrant to be given to occupier\n\nIf an occupier or apparent occupier is present at the premises when a search warrant is being executed, the authorised officer or independent investigator must give that person a copy of the execution copy of the warrant.\n\n","sortOrder":131},{"sectionNumber":"118","sectionType":"section","heading":"Notice if occupier not present","content":"\t118 Notice if occupier not present\n\nIf an authorised officer or independent investigator executes a search warrant without the occupier being present, unless the premises are abandoned or vacant or public land, the authorised officer or independent investigator, on leaving the premises, must leave a notice setting out the following details—\n\n(a) the time of entry;\n\n(b) the purpose of entry;\n\n(c) a description of all things done while on the premises;\n\n(d) the time of departure;\n\n(e) the procedure for contacting the authorised officer or independent investigator for further details of the entry.\n\n","sortOrder":132},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Powers after entry","content":"Subdivision 4—Powers after entry\n\n","sortOrder":133},{"sectionNumber":"119","sectionType":"section","heading":"General powers of authorised officers","content":"\t119 General powers of authorised officers\n\nAn authorised officer or independent investigator who enters any premises under the powers conferred by this Act may do any of the following—\n\n(a) for the purpose of determining whether there has been a contravention of this Act or the regulations, inspect, examine, make enquiries or observe any activity at the premises;\n\n(b) examine or inspect any document or thing at the premises;\n\n(c) bring any equipment or materials to the premises that may be required;\n\n(d) seize any document or thing at the premises if the authorised officer or independent investigator believes on reasonable grounds that—\n\n(i) the seizure is required to determine whether there has been a contravention of this Act or the regulations; or\n\n(ii) the seized document or thing may be used as evidence in a possible prosecution for a contravention of this Act or the regulations; or\n\n(iii) the seizure is required to minimise a risk of harm to any person;\n\n(e) seal a premises or thing;\n\n(f) take a sample of, or from, any thing, at the premises for examination, analysis, measurement or testing;\n\n(g) analyse, measure or test any thing at the premises with equipment brought to the premises or already at the premises;\n\n(h) take any photographs or make any audio or visual recordings at the premises;\n\n(i) make copies of, or take extracts from, any document kept at the premises;\n\n(j) use or test any equipment at the premises;\n\n(k) do any other thing that is reasonably necessary for the purpose of the authorised officer or independent investigator performing or exercising functions or powers under this Act or the regulations.\n\n","sortOrder":134},{"sectionNumber":"120","sectionType":"section","heading":"Persons assisting authorised officers or independent investigators","content":"\t120 Persons assisting authorised officers or independent investigators\n\n(1) For the purpose of exercising a power under this Act or the regulations, an authorised officer or independent investigator may seek the assistance of any person.\n\n(2) A person who assists an authorised officer or independent investigator is not liable in any way for anything done under the instruction of the authorised officer or independent investigator.\n\n(3) If an authorised officer or independent investigator uses the assistance of an interpreter—\n\n(a) any enquiry or request made by the interpreter on the authorised officer's or independent investigator's behalf is taken to have been made by the authorised officer or independent investigator; and\n\n(b) any answer given to the interpreter is taken to have been given to the authorised officer or independent investigator.\n\n","sortOrder":135},{"sectionNumber":"121","sectionType":"section","heading":"Police assistance","content":"\t121 Police assistance\n\nOn the request of an authorised officer or independent investigator, a police officer may assist the authorised officer or independent investigator in the performance of the duties of the authorised officer or independent investigator.\n\n","sortOrder":136},{"sectionNumber":"122","sectionType":"section","heading":"Power to direct persons to produce documents, operate equipment or answer questions","content":"\t122 Power to direct persons to produce documents, operate equipment or answer questions\n\n(1) An authorised officer who enters any premises under section 112(1)  may direct a person at the premises to do any of the following—\n\n(a) produce a document or part of a document located at the premises that is in the person's possession or control;\n\n(b) operate equipment to access information from that equipment;\n\n(c) answer any questions put by the authorised officer.\n\n(2) A person must not refuse or fail to comply with a direction under subsection (1) without reasonable excuse.\n\n1. 30 penalty units, in the case of an individual;\n\n120 penalty units, in the case of a body corporate.\n\n(3) Before directing a person to produce a document or part of a document or to answer questions under subsection (1), an authorised officer must—\n\n(a) warn the person that a refusal or failure to comply with the direction, without reasonable excuse, is an offence; and\n\n(b) inform the person that they may refuse or fail to answer any question if answering the question would tend to incriminate them.\n\n(4) A person is not liable to be prosecuted for an offence against subsection (2) if the authorised officer concerned failed to comply with subsection (3) and section 106.\n\n","sortOrder":137},{"sectionNumber":"123","sectionType":"section","heading":"Legal professional privilege and client legal privilege not affected","content":"\t123 Legal professional privilege and client legal privilege not affected\n\nNothing in this Act—\n\n(a) entitles or requires an individual to disclose information that is the subject of legal professional privilege or client legal privilege; or\n\n(b) affects the law or practice relating to legal professional privilege or client legal privilege.\n\n","sortOrder":138},{"sectionNumber":"124","sectionType":"section","heading":"Protection against self-incrimination","content":"\t124 Protection against self-incrimination\n\nAn individual may refuse or fail to provide information that the individual is required to do by or under this Act if giving the information would tend to incriminate the person.\n\n","sortOrder":139},{"sectionNumber":"125","sectionType":"section","heading":"Use or seizure of electronic equipment at premises","content":"\t125 Use or seizure of electronic equipment at premises\n\n(1) If an authorised officer or independent investigator, during a search under this Part or in accordance with a warrant—\n\n(a) finds a thing at the premises that is or includes a disc, tape or other device for the storage of information; and\n\n(b) there is at the premises equipment that may be used with the disc, tape or other storage device; and\n\n(c) the authorised officer or independent investigator believes on reasonable grounds that information stored in the disc, tape or other storage device may be relevant to determine whether this Act has been complied with—\n\nthe authorised officer or independent investigator may operate, or may require the occupier of the premises or an employee of the occupier to operate, the equipment to access the information.\n\n(2) If the authorised officer or independent investigator believes on reasonable grounds that a disc, tape or other storage device at the premises contains, stores or is otherwise used in the transmission of information that is relevant to determine whether this Act has been complied with, the authorised officer or independent investigator may—\n\n(a) put the information in a documentary form and seize the documents so produced; or\n\n(b) copy the information to another disc, tape or other storage device and remove that disc, tape or storage device from the premises; or\n\n(c) if it is not practicable to put the information in a documentary form or to copy the information, seize the disc, tape or other storage device and the equipment that enables the information to be accessed.\n\n(3) An authorised officer or independent investigator must not operate or seize equipment for a purpose set out in this section unless the authorised officer or independent investigator believes on reasonable grounds that the operation can be carried out without damage to the equipment.\n\n","sortOrder":140},{"sectionNumber":"126","sectionType":"section","heading":"Power to secure electronic equipment","content":"\t126 Power to secure electronic equipment\n\n(1) If an authorised officer or independent investigator, during a search under this Part or in accordance with a warrant, believes on reasonable grounds that equipment referred to in section 125 may be destroyed, altered or otherwise interfered with if not secured, the authorised officer or independent investigator may secure the equipment for the purposes of obtaining expert assistance to operate it under section 125(1).\n\n(2) Subject to subsections (3) and (5), the equipment may be secured for a period of no more than 24 hours.\n\n(3) The occupier of the premises at which the equipment is secured under subsection (1) may consent in writing to the equipment being secured for a period longer than 24 hours.\n\n(4) The authorised officer or independent investigator may apply to a magistrate for an extension of the period for which the equipment may be secured.\n\n(5) A magistrate may extend the period for which the equipment may be secured if satisfied that it is necessary to do so to enable an expert to operate the equipment.\n\n(6) An order under subsection (5) may be made more than once.\n\nDivision 4—Seized documents or things\n\n","sortOrder":141},{"sectionNumber":"127","sectionType":"section","heading":"Receipts for seized things","content":"\t127 Receipts for seized things\n\n(1) If an authorised officer or independent investigator seizes a document or thing, or takes a sample of, or from, a thing at a premises under this Part, the authorised officer or independent investigator must give a receipt for the document, thing or sample to the occupier of the premises from which it was taken.\n\n(2) The receipt must—\n\n(a) identify the document or thing seized or sample taken; and\n\n(b) state the reason why the document or thing was seized or the sample taken; and\n\n(c) state the name of the authorised officer or independent investigator; and\n\n(d) include the procedure for contacting the authorised officer or independent investigator.\n\n(3) If for any reason it is not practicable for an authorised officer or independent investigator to comply with subsection (1), the authorised officer or independent investigator may—\n\n(a) leave the receipt at the premises in a conspicuous position and in a reasonably secure way; or\n\n(b) send the receipt to the occupier of the premises from which the document or thing was seized or the sample was taken.\n\n","sortOrder":142},{"sectionNumber":"128","sectionType":"section","heading":"Copies of seized documents","content":"\t128 Copies of seized documents\n\n(1) If an authorised officer or independent investigator seizes a document at a premises under this Part and retains it, the authorised officer or independent investigator, within 21 days of the seizure, must give a certified copy of the document to the occupier of the premises from which it was taken.\n\n(2) The certified copy is to be received in all courts and tribunals as evidence of equal validity to the original document.\n\n","sortOrder":143},{"sectionNumber":"129","sectionType":"section","heading":"Return of seized documents and things","content":"\t129 Return of seized documents and things\n\n(1) An authorised officer or independent investigator must take reasonable steps to return a document or thing seized under this Part if the reason for its seizure no longer exists.\n\n(2) If the document or thing has not been returned within 6 months after it was seized, the authorised officer or independent investigator must take reasonable steps to return it unless—\n\n(a) a proceeding for the purpose for which the document or thing was retained has commenced within that 6-month period and the proceeding (including any appeal) has not been completed; or\n\n(b) the Magistrates' Court makes an order under section 130 extending the period the document or thing can be retained; or\n\n(c) the document or thing is forfeited by its owner.\n\n(3) This section does not apply to a document or thing seized under this Part that is forfeited under section 131.\n\n","sortOrder":144},{"sectionNumber":"130","sectionType":"section","heading":"Magistrates' Court may extend 6-month retention period","content":"\t130 Magistrates' Court may extend 6-month retention period\n\n(1) An authorised officer or independent investigator may apply to the Magistrates' Court—\n\n(a) within 6 months after seizing a document or thing under this Part; or\n\n(b) if an extension has been granted under this section, before the end of the period of the extension—\n\nfor an extension of the period for which the authorised officer or independent investigator may retain the document or thing but so the total period of retention does not exceed 2 years.\n\n(2) The Magistrates' Court may order the extension if satisfied that—\n\n(a) it is in the interests of justice; and\n\n(b) the total period of retention does not exceed 2 years; and\n\n(c) retention of the document or thing is necessary for the purposes of an investigation or for use as evidence in a proceeding under this Act.\n\n(3) At least 7 days before the hearing of an application under this section, notice of the application must be given to the owner of the document or thing described in the application*.*\n\n","sortOrder":145},{"sectionNumber":"131","sectionType":"section","heading":"Forfeiture, destruction and disposal of seized documents and things","content":"\t131 Forfeiture, destruction and disposal of seized documents and things\n\n(1) A document or thing seized and retained under this Part is forfeited to the authorised officer or independent investigator who seized it if the authorised officer or independent investigator—\n\n(a) determines it is necessary to retain the document or thing to prevent—\n\n(i) a risk of harm to any person; or\n\n(ii) the commission of an offence against this Act or the regulations; or\n\n(b) cannot find its owner despite making reasonable enquiries; or\n\n(c) cannot return it to the owner despite making reasonable efforts to do so.\n\n(2) Subject to subsection (4), if an authorised officer or independent investigator decides that a document or thing is forfeited under subsection (1)(a), the authorised officer or independent investigator must notify the owner of the document or thing in writing of—\n\n(a) the forfeiture; and\n\n(b) the owner's right to seek a review of the authorised officer's or independent investigator's decision under Subdivision 2 of Division 3 of Part 10.\n\n(3) An authorised officer or independent investigator may cause a forfeited document or thing to be destroyed or otherwise disposed of.\n\n(4) If an authorised officer or independent investigator reasonably believes that a document or thing forfeited under subsection (1)(a) poses a risk of imminent harm to any person, the authorised officer or independent investigator may cause the document or thing to be destroyed or otherwise disposed of—\n\n(a) without delay; and\n\n(b) without prior notice to the owner.\n\nDivision 5—Offences relating to obstruction of authorised officers and independent investigators\n\n","sortOrder":146},{"sectionNumber":"132","sectionType":"section","heading":"Offence to impersonate","content":"\t132 Offence to impersonate\n\nA person who is not an authorised officer or independent investigator must not impersonate, or in any other way purport to be, an authorised officer or independent investigator.\n\n","sortOrder":147},{"sectionNumber":"133","sectionType":"section","heading":"Offence to hinder or obstruct","content":"\t133 Offence to hinder or obstruct\n\n(1) A person must not, without reasonable excuse, hinder or obstruct, or instruct another person to hinder or obstruct—\n\n(a) an authorised officer or independent investigator who is exercising or attempting to exercise a power under this Act or the regulations; or\n\n(b) a person assisting an authorised officer or independent investigator who is exercising or attempting to exercise a power under this Act or the regulations.\n\nSection 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.\n\n(2) If an authorised officer or independent investigator considers that a person is hindering or obstructing an exercise or attempted exercise of power under this Act or the regulations, the authorised officer or independent investigator must warn the person—\n\n(a) of the offence in subsection (1); and\n\n(b) that the authorised officer or independent investigator considers that the person's conduct is a hindrance or an obstruction.\n\n","sortOrder":148},{"sectionNumber":"134","sectionType":"section","heading":"Offence to intimidate, threaten or assault","content":"\t134 Offence to intimidate, threaten or assault\n\n(1) A person must not assault, directly or indirectly intimidate or threaten, or attempt to assault, intimidate or threaten—\n\n(a) an authorised officer or independent investigator who is exercising or attempting to exercise a power under this Act or the regulations; or\n\n(b) a person assisting an authorised officer or independent investigator who is exercising or attempting to exercise a power under this Act or the regulations.\n\nPenalty: 2 years imprisonment or 240 penalty units or both, in the case of an individual;\n\n(2) An offence under subsection (1) is an indictable offence.\n\nThis offence may be heard and determined summarily (see section 28 of the **Criminal Procedure Act 2009**).\n\nDivision 6—Registration offences\n\n","sortOrder":149},{"sectionNumber":"135","sectionType":"section","heading":"Offence relating to unregistered social service providers","content":"\t135 Offence relating to unregistered social service providers\n\n(1) A person must not provide a social service, or engage another to provide a social service on its behalf, unless the person is registered under Part 3 to provide that social service.\n\nSection 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.\n\n(2) Subsection (1) does not apply to a person who is employed or engaged by a registered social service provider to provide a social service on behalf of the registered social service provider.\n\n(3) A person who is not registered under Part 3 to provide a social service must not purport to be registered in respect of that service.\n\nPenalty: 600 penalty units, in the case of an individual;\n\n3000 penalty units, in the case of a body corporate.\n\n","sortOrder":150},{"sectionNumber":"136","sectionType":"section","heading":"Offences relating to conditions of registration","content":"\t136 Offences relating to conditions of registration\n\n(1) A registered social service provider must not fail to comply with the conditions of registration without reasonable excuse.\n\nSection 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.\n\n(2) A registered social service provider must not fail to comply with the administrative and reporting conditions of registration without reasonable excuse.\n\nPart 7—Enforcement\n\nDivision 1—Improvement notices and prohibition notices\n\nSubdivision 1—Improvement notices\n\n\t137 What is an improvement notice?\n\nAn improvement notice requires a registered social service provider to remedy—\n\n(a) a contravention of the conditions of registration; or\n\n(b) a contravention of the Social Services Standards; or\n\n(c) a contravention or likely contravention of a provision of this Act or the regulations.\n\n","sortOrder":151},{"sectionNumber":"138","sectionType":"section","heading":"Regulator or authorised officer may issue improvement notice","content":"\t138 Regulator or authorised officer may issue improvement notice\n\n(1) The Regulator or an authorised officer may issue an improvement notice to a registered social service provider if the Regulator or the authorised officer reasonably believes that the provider—\n\n(a) has contravened or is in contravention of—\n\n(b) is likely to contravene a provision of this Act or the regulations.\n\n(2) An improvement notice issued under this section may require a registered social service provider to—\n\n(a) cause a copy of the notice to be displayed—\n\n(i) in a conspicuous place, whether online or at a premises occupied by the registered social service provider; and\n\n(ii) in a manner that invites public attention; and\n\n(b) give a copy of the notice to any person or class of person; and\n\n(c) take any action that the Regulator or the authorised officer reasonably considers necessary to remedy the contravention or likely contravention, or the matters or activities that are causing the contravention or likely contravention.\n\n","sortOrder":152},{"sectionNumber":"139","sectionType":"section","heading":"Form of improvement notice","content":"\t139 Form of improvement notice\n\nAn improvement notice must—\n\n(a) state the Regulator's or the authorised officer's reasons for issuing the improvement notice; and\n\n(b) specify the condition of registration, Social Services Standard or provision of this Act or the regulations that the Regulator or the authorised officer considers has been or is likely to be contravened; and\n\n(c) specify the actions or measures that the registered social service provider is required to take and the date by which the actions or measures must be completed; and\n\n(d) set out the penalty for contravening the improvement notice; and\n\n(e) state how the registered social service provider may seek a review of the decision to issue the improvement notice; and\n\n(f) specify any other prescribed details.\n\n","sortOrder":153},{"sectionNumber":"140","sectionType":"section","heading":"Amendment and withdrawal of improvement notice","content":"\t140 Amendment and withdrawal of improvement notice\n\n(1) The Regulator or an authorised officer, by written notice to the registered social service provider, may amend an improvement notice to—\n\n(a) extend the period during which the registered social service provider must comply with the improvement notice, if the Regulator or the authorised officer is satisfied that the circumstances require an extension; and\n\n(b) amend or revoke any requirement of the improvement notice.\n\n(2) The Regulator or an authorised officer, if satisfied that an improvement notice has been complied with, must withdraw the notice.\n\n","sortOrder":154},{"sectionNumber":"141","sectionType":"section","heading":"Continuing effect of improvement notice","content":"\t141 Continuing effect of improvement notice\n\n(1) An improvement notice that specifies a time by which, or period within which, the improvement notice must be complied with continues to have effect until the improvement notice is complied with even though the time has passed or the period has expired.\n\n(2) An improvement notice that does not specify a time by which, or period within which, the improvement notice must be complied with continues to have effect until the improvement notice is complied with.\n\n(3) This section does not apply to the extent that any requirement under an improvement notice is revoked.\n\n(4) Nothing in this section affects the powers of the Regulator with respect to the enforcement of an improvement notice.\n\nSubdivision 2—Prohibition notices and directions\n\n","sortOrder":155},{"sectionNumber":"142","sectionType":"section","heading":"What is a prohibition notice?","content":"\t142 What is a prohibition notice?\n\nA prohibition notice prohibits a registered social service provider from carrying on an activity specified in the notice.\n\n","sortOrder":156},{"sectionNumber":"143","sectionType":"section","heading":"Regulator or authorised officer may issue prohibition notice","content":"\t143 Regulator or authorised officer may issue prohibition notice\n\nThe Regulator or an authorised officer may issue a prohibition notice to a registered social service provider if the Regulator or the authorised officer reasonably believes that—\n\n(a) the provider is contravening—\n\n(iii) a provision of this Act or the regulations; and\n\n(b) the continuing contravention poses a serious risk to the health or safety of a person.\n\n","sortOrder":157},{"sectionNumber":"144","sectionType":"section","heading":"Form of prohibition notice","content":"\t144 Form of prohibition notice\n\nA prohibition notice must—\n\n(a) state the Regulator's or the authorised officer's reasons for issuing the prohibition notice; and\n\n(b) specify the condition of registration, Social Services Standard or provision of this Act or the regulations that the Regulator or the authorised officer considers is being contravened; and\n\n(c) specify the activity that is prohibited until a certification under section 147 is given;  and\n\n(d) specify the day on which the prohibition notice takes effect; and\n\n(e) set out the penalty for contravening the prohibition notice; and\n\n(f) state how the registered social service provider may seek a review of the decision to issue the prohibition notice; and\n\n(g) specify any other prescribed details.\n\n","sortOrder":158},{"sectionNumber":"145","sectionType":"section","heading":"Verbal direction to cease activity","content":"\t145 Verbal direction to cease activity\n\n(1) The Regulator or an authorised officer may give a verbal direction to a registered social service provider to immediately cease carrying on a specified activity if the Regulator or authorised officer reasonably believes—\n\n(a) that the matters specified in section 143 are satisfied; and\n\n(b) it is necessary in the circumstances to give the direction.\n\n(2) As soon as practicable after giving a direction under subsection (1), the Regulator or the authorised officer must issue a prohibition notice to the registered social service provider which confirms the activity that the provider is prohibited from carrying on.\n\n(3) A direction given under subsection (1) continues in force until—\n\n(a) a prohibition notice is issued in respect of the activity prohibited by the direction; or\n\n(b) the Regulator or the authorised officer certifies in writing that the activity prohibited by the direction is no longer prohibited.\n\n","sortOrder":159},{"sectionNumber":"146","sectionType":"section","heading":"Amendment of prohibition notice","content":"\t146 Amendment of prohibition notice\n\nThe Regulator or an authorised officer, by written notice to the registered social service provider, may amend or revoke any requirement of the prohibition notice.\n\n","sortOrder":160},{"sectionNumber":"147","sectionType":"section","heading":"Certification that activity is no longer prohibited","content":"\t147 Certification that activity is no longer prohibited\n\nA prohibition notice continues in force until the Regulator or an authorised officer certifies in writing that the activity specified in the notice is no longer prohibited.\n\nSubdivision 3—Offences and proceedings\n\n","sortOrder":161},{"sectionNumber":"148","sectionType":"section","heading":"Non-compliance with notice or direction","content":"\t148 Non-compliance with notice or direction\n\nA registered social service provider to whom an improvement notice or a prohibition notice is issued, or a verbal direction under section 145 is given, must not fail to comply with that notice or direction without reasonable excuse.\n\nSection 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.\n\n","sortOrder":162},{"sectionNumber":"149","sectionType":"section","heading":"Failure to report","content":"\t149 Failure to report\n\nIf an improvement notice or a prohibition notice requires a registered social service provider to whom it is issued to report to the Regulator or the issuing authorised officer on a specified matter, the registered social service provider must not fail to comply with that requirement.\n\n","sortOrder":163},{"sectionNumber":"150","sectionType":"section","heading":"Proceeding for offence not affected by notice or direction","content":"  150 Proceeding for offence not affected by notice or direction\n\nA proceeding for an offence against this Act or the regulations in connection with any matter in respect of which an improvement notice or a prohibition notice was issued, or a verbal direction under section 145 was given, is not affected by—\n\n(a) in the case of an improvement notice, the issue, amendment or withdrawal of the notice; or\n\n(b) in the case of a prohibition notice—\n\n(i) the issue or amendment of the notice; or\n\n(ii) the certification that an activity specified in the notice is no longer prohibited; or\n\n(c) in the case of a verbal direction under section 145—\n\n(i) the giving or amendment of the direction; or\n\n(ii) the certification that an activity prohibited by the direction is no longer prohibited.\n\nDivision 2—Infringement notices\n\n","sortOrder":164},{"sectionNumber":"151","sectionType":"section","heading":"Infringement notices","content":"\t151 Infringement notices\n\n(1) The Regulator or an authorised officer may serve an infringement notice on a person in respect of a prescribed offence if the Regulator or the authorised officer reasonably believes that the person committed the offence.\n\n(2) An offence referred to in subsection (1) is an infringement offence within the meaning of the **Infringements Act 2006**.\n\n(3) The infringement penalty for an offence referred to in subsection (1) is the prescribed penalty for the offence.\n\nDivision 3—Enforceable undertakings\n\n","sortOrder":165},{"sectionNumber":"152","sectionType":"section","heading":"What is an enforceable undertaking?","content":"\t152 What is an enforceable undertaking?\n\nAn enforceable undertaking is a written undertaking given by a registered social service provider and accepted by the Regulator, by which the registered social service provider undertakes to take certain actions, or refrain from taking certain actions, to comply with this Act or the regulations.\n\n","sortOrder":166},{"sectionNumber":"153","sectionType":"section","heading":"Regulator may accept enforceable undertaking from registered social service provider","content":"\t153 Regulator may accept enforceable undertaking from registered social service provider\n\nThe Regulator may accept an enforceable undertaking from a registered social service provider in connection with any matter in relation to which—\n\n(a) the Regulator has a function by operation of this Act or the regulations; or\n\n(b) the Regulator has a power by operation of this Act.\n\n","sortOrder":167},{"sectionNumber":"154","sectionType":"section","heading":"Form and commencement of enforceable undertaking","content":"\t154 Form and commencement of enforceable undertaking\n\n(1) An enforceable undertaking accepted by the Regulator under section 153 must be in writing and signed by the Regulator and the registered social service provider offering the undertaking.\n\n(2) The enforceable undertaking must specify—\n\n(a) the day on which the enforceable undertaking takes effect; and\n\n(b) the provisions of this Act or the regulations that have been contravened by the registered social service provider; and\n\n(c) the actions or measures to be taken by the registered social service provider and the period within which the actions or measures are to be completed; and\n\n(d) whether the registered social service provider is required to do any of the following—\n\n(i) cause a copy of the enforceable undertaking to be displayed—\n\n(A) in a conspicuous place, whether online or at a premises occupied by the registered social service provider; and\n\n(B) in a manner that invites public attention;\n\n(ii) give a copy of the enforceable undertaking to any person or class of person; and\n\n(e) any compensation to be paid by the registered social service provider to the Regulator or any other person for costs incurred to remedy the registered social service provider's contravention of this Act or the regulations; and\n\n(f) any other prescribed details.\n\n(3) An enforceable undertaking takes effect on the day that the Regulator accepts the undertaking or on any later day specified in the undertaking.\n\n","sortOrder":168},{"sectionNumber":"155","sectionType":"section","heading":"Notification and publication requirements","content":"\t155 Notification and publication requirements\n\n(1) The Regulator must notify a registered social service provider of—\n\n(a) the Regulator's decision to accept or refuse an enforceable undertaking from the registered social service provider; and\n\n(b) the Regulator's reasons for doing so.\n\n(2) If the Regulator accepts an enforceable undertaking from a registered social service provider, the Regulator must record in the Register—\n\n(a) the name of the registered social service provider; and\n\n(b) the date the enforceable undertaking was signed and took effect; and\n\n(c) the Regulator's reasons for accepting the enforceable undertaking; and\n\n(d) a copy of the enforceable undertaking.\n\n","sortOrder":169},{"sectionNumber":"156","sectionType":"section","heading":"Withdrawal or variation of undertaking","content":"\t156 Withdrawal or variation of undertaking\n\n(1) The registered social service provider, at any time with the consent of the Regulator, may withdraw or vary the enforceable undertaking.\n\n(2) If the enforceable undertaking is withdrawn or varied under subsection (1), the Regulator must record in the Register—\n\n(a) details of the withdrawal or variation; and\n\n(b) the Regulator's reasons for consenting to the withdrawal or variation.\n\n","sortOrder":170},{"sectionNumber":"157","sectionType":"section","heading":"Compliance with and effect of undertaking","content":"\t157 Compliance with and effect of undertaking\n\n(1) While an enforceable undertaking is in force and being complied with—\n\n(a) no proceeding may be brought for an offence against this Act or the regulations constituted by the contravention or alleged contravention to which the undertaking relates; and\n\n(b) no other enforcement action available to the Regulator under this Act or the regulations may be taken in respect of any contravention or alleged contravention to which the undertaking relates.\n\n(2) If a registered social service provider fulfils an enforceable undertaking in full, at the expiry of the undertaking, no proceeding may be brought for the offence against this Act or the regulations constituted by the contravention or alleged contravention to which that undertaking related.\n\n(3) If a registered social service provider partially fulfils an enforceable undertaking, at the expiry of the undertaking, no proceeding may be brought for the offence against this Act or the regulations constituted by the contravention or alleged contravention to which that undertaking related so far as the undertaking has been partially fulfilled.\n\n","sortOrder":171},{"sectionNumber":"158","sectionType":"section","heading":"Enforcement of undertaking","content":"\t158 Enforcement of undertaking\n\n(1) If the Regulator reasonably believes that a registered social service provider who gave an enforceable undertaking has failed to comply with any of its terms, the Regulator may—\n\n(a) apply to the Magistrates' Court for an order under subsection (2) to enforce the undertaking; or\n\n(b) commence a proceeding for any offence constituted by the contravention or alleged contravention in respect of that term for which the undertaking was given.\n\n(2) If the Magistrates' Court is satisfied that a registered social service provider has failed to comply with a term of an enforceable undertaking, the Magistrates' Court may make any of the following orders—\n\n(a) an order directing the registered social service provider to comply with the term of the undertaking;\n\n(b) an order directing the registered social service provider to take any specified action for the purpose of complying with the term of the undertaking;\n\n(c) an order that the registered social service provider compensate the Regulator for any costs incurred as a result of the Regulator taking action to minimise the risk of harm to any person as a result of the provider's failure to comply with the term of the undertaking;\n\n(d) an order that the registered social service provider compensate any person who has incurred costs in rectifying the provider's failure to comply with the term of the undertaking;\n\n(e) any other order that the Magistrates' Court considers appropriate.\n\n","sortOrder":172},{"sectionNumber":"159","sectionType":"section","heading":"Contempt of court","content":"\t159 Contempt of court\n\n(1) If a person is found in contempt of court for failing to comply with an order under section 158, the Regulator—\n\n(a) may do any thing that is necessary or expedient to carry out any action that remains to be done under the order and that is still practicable; and\n\n(b) may publicise the failure of the person to comply with the order.\n\n(2) The Regulator may recover any costs reasonably incurred in taking a specified action under this section as a debt due and payable by the person against whom the order was made under section 158(2).\n\nDivision 4—Public warning notices\n\n","sortOrder":173},{"sectionNumber":"160","sectionType":"section","heading":"What is a public warning notice?","content":"\t160 What is a public warning notice?\n\nA public warning notice warns the public of a serious failure by a person or body to provide a social service in accordance with this Act or the regulations.\n\n","sortOrder":174},{"sectionNumber":"161","sectionType":"section","heading":"Regulator may issue public warning notice","content":"\t161 Regulator may issue public warning notice\n\n(1) The Regulator may issue a public warning notice in respect of a social service provider if the Regulator reasonably believes that—\n\n(a) the provider has failed—\n\n(i) to provide the social service in accordance with this Act or the regulations; or\n\n(ii) to comply with the Child Safe Standards; and\n\n(b) a person has suffered, or is likely to suffer, serious harm as a result of the failure; and\n\n(c) it is in the public interest to do so.\n\n(2) Before issuing a public warning notice, the Regulator must—\n\n(a) give to the social service provider a written notice stating—\n\n(i) the Regulator's intention to issue the notice and the grounds for doing so; and\n\n(ii) that the social service provider may make oral or written submissions to the Regulator regarding the intended public warning notice within a period of not less than 10 days as specified in the notice; and\n\n(3) Despite subsection (2), the Regulator may issue a public warning notice with immediate effect and without giving notice or considering submissions if the Regulator reasonably believes that it is necessary to do so to protect a person from a risk of serious harm.\n\n","sortOrder":175},{"sectionNumber":"162","sectionType":"section","heading":"Form and publication of public warning notice","content":"\t162 Form and publication of public warning notice\n\nA public warning notice must—\n\n(b) be dated; and\n\n(c) state the Regulator's reasons for being satisfied of the matters specified in section 161; and\n\n(d) include any other prescribed information; and\n\n(e) be published—\n\n(i) on the Internet site of the Regulator to be inspected free of charge; and\n\n(ii) in any other form that the Regulator considers appropriate.\n\nDivision 5—Adverse publicity orders\n\n","sortOrder":176},{"sectionNumber":"163","sectionType":"section","heading":"What is an adverse publicity order?","content":"\t163 What is an adverse publicity order?\n\nAn adverse publicity order requires an offender to take any specified action that the court considers reasonably necessary to—\n\n(a) publicise any of the following—\n\n(i) details of the offence against this Act or the regulations for which the offender was found guilty;\n\n(ii) the impact of the offence on any person;\n\n(iii) any penalties imposed, or other orders made, as a result of the commission of the offence;\n\n(iv) any measures to be taken by the offender to prevent further contraventions of this Act or the regulations;\n\n(v) any additional information the court considers appropriate; and\n\n(b) notify a specified person or class of person of the matters listed in paragraph (a).\n\n","sortOrder":177},{"sectionNumber":"164","sectionType":"section","heading":"Magistrates' Court may make adverse publicity order","content":"\t164 Magistrates' Court may make adverse publicity order\n\n(1) If the Magistrates' Court finds a person guilty of an offence against this Act or the regulations, the Court may make an adverse publicity order in respect of the offender.\n\n(2) The Magistrates' Court may make an adverse publicity order on its own initiative or on the application of the prosecutor.\n\n","sortOrder":178},{"sectionNumber":"165","sectionType":"section","heading":"Publication of public warning notice unaffected by making of adverse publicity order","content":"\t165 Publication of public warning notice unaffected by making of adverse publicity order\n\nThe making of an adverse publicity order in respect of an offender does not prevent the Regulator from publishing a public warning notice in respect of that offender.\n\nDivision 6—Suspension of service user intake\n\n","sortOrder":179},{"sectionNumber":"166","sectionType":"section","heading":"What is a suspension of intake notice?","content":"\t166 What is a suspension of intake notice?\n\nA suspension of intake notice prevents a registered social service provider, from the date specified in the notice, from providing a social service to any person who is not an existing service user.\n\n","sortOrder":180},{"sectionNumber":"167","sectionType":"section","heading":"Regulator may issue suspension of intake notice","content":"\t167 Regulator may issue suspension of intake notice\n\n(1) The Regulator may issue a suspension of intake notice to a registered social service provider if the Regulator reasonably believes that—\n\n(a) the registered social service provider has contravened or is in contravention of—\n\n(iii) a provision of this Act or the regulations; and\n\n(b) the contravention poses a significant and ongoing risk of harm to the health and safety of any person.\n\n(2) Subject to subsection (3), before issuing a suspension of intake notice under subsection (1), the Regulator must—\n\n(i) the Regulator's intention to issue the notice and the grounds for doing so; and\n\n(ii) that the registered social service provider may make oral or written submissions to the Regulator regarding the intended suspension within 14 days after the date of the notice; and\n\n(3) The Regulator may issue a suspension of intake notice with immediate effect and without giving notice or considering submissions under subsection (2) if the Regulator reasonably believes that it is necessary to do so to protect a person from a risk of serious harm.\n\n(4) The Regulator may issue a suspension of intake notice to a registered social service provider with the consent of the registered social service provider.\n\n(5) A suspension of intake notice must—\n\n(b) state the Regulator's reasons for issuing the notice; and\n\n(c) specify the social service that the registered social service provider is prevented from providing to any person who is not an existing service user.\n\n(5) A suspension of intake notice continues in force until revoked by the written notice of the Regulator.\n\n","sortOrder":181},{"sectionNumber":"168","sectionType":"section","heading":"Publication of suspension of intake notice","content":"\t168 Publication of suspension of intake notice\n\nIf the Regulator issues a suspension of intake notice, the Regulator must record a copy of that notice in the Register.\n\nDivision 7—Variation, suspension or revocation of registration\n\n","sortOrder":182},{"sectionNumber":"169","sectionType":"section","heading":"Variation of registration","content":"\t169 Variation of registration\n\n(1) The Regulator by notice may vary a condition of the registration of a registered social service provider if—\n\n(a) the Regulator reasonably believes that the registered social service provider has contravened or is in contravention of—\n\n(c) the registered social service provider or the premises of the registered social service provider no longer meets the prescribed registration criteria; or\n\n(d) the registered social service provider provided materially incorrect or misleading information to the Regulator, or the registration was granted on the basis of materially incorrect or misleading information; or\n\n(e) the Regulator is satisfied of any prescribed details.\n\n(2) Subject to subsection (3), before varying a condition of registration, the Regulator must—\n\n(i) the Regulator's intention to vary a condition of the registration and the grounds for doing so; and\n\n(ii) that the registered social service provider may make oral or written submissions to the Regulator regarding the intended variation within a period of not less than 10 days as specified in the notice; and\n\n(3) The Regulator may, by written notice, vary a condition of registration with immediate effect and without giving notice or considering submissions under subsection (2) if the Regulator reasonably believes it is necessary to do so in the circumstances.\n\n(4) A notice of variation must—\n\n(b) specify the day on which the variation takes effect; and\n\n(c) include the Regulator's reasons for varying the condition.\n\n","sortOrder":183},{"sectionNumber":"170","sectionType":"section","heading":"Suspension of registration","content":"\t170 Suspension of registration\n\n(1) The Regulator by notice may suspend the registration of a registered social service provider if—\n\n(a) the Regulator reasonably believes that the registered social service provider has contravened or is in contravention of—\n\n(c) the registered social service provider or the premises of the registered social service provider no longer meets the prescribed registration criteria; or\n\n(d) the registered social service provider provided materially incorrect or misleading information to the Regulator, or the registration was granted on the basis of materially incorrect or misleading information; or\n\n(e) the registered social service provider has failed to pay the registration fee; or\n\n(f) the Regulator is satisfied of any prescribed details.\n\n(2) Subject to subsection (3), before suspending a registration the Regulator must—\n\n(i) the Regulator's intention to suspend the registration and the grounds for doing so; and\n\n(ii) that the registered social service provider may make oral or written submissions to the Regulator regarding the intended suspension within a period of not less than 10 days as specified in the notice; and\n\n(3) The Regulator, by written notice, may suspend a registration with immediate effect and without giving notice or considering submissions under subsection (2) if the Regulator reasonably believes it is necessary to do so in the circumstances.\n\n(4) A notice of suspension of registration must—\n\n(b) specify the day on which the suspension takes effect; and\n\n(c) include the Regulator's reasons for suspending the registration.\n\n","sortOrder":184},{"sectionNumber":"171","sectionType":"section","heading":"Consequences of suspension of registration","content":"\t171 Consequences of suspension of registration\n\n(1) While a person's registration as a registered social service provider is suspended, the person is taken not to be registered under this Act either wholly or, if it is a partial suspension, in relation to the matter specified in the suspension.\n\n(2) The Regulator may vary or revoke a suspension of registration.\n\n","sortOrder":185},{"sectionNumber":"172","sectionType":"section","heading":"Revocation of registration","content":"\t172 Revocation of registration\n\n(1) The Regulator by notice may revoke the registration of a registered social service provider if—\n\n(a) the Regulator reasonably believes that the registered social service provider has contravened or is in contravention of—\n\n(c) the registered social service provider or the premises of the registered social service provider no longer meets the prescribed registration criteria; or\n\n(d) the registered social service provider provided materially incorrect or misleading information to the Regulator, or the registration was granted on the basis of materially incorrect or misleading information; or\n\n(e) the registered social service provider has failed to pay the registration fee; or\n\n(f) the Regulator is satisfied of any prescribed details.\n\n(2) Subject to subsection (3), before revoking a registration the Regulator must—\n\n(i) the Regulator's intention to revoke the registration and the grounds for doing so; and\n\n(ii) that the registered social service provider may make oral or written submissions to the Regulator regarding the intended revocation within a period of not less than 10 days as specified in the notice; and\n\n(3) The Regulator, by written notice, may revoke a registration with immediate effect and without giving notice or considering submissions under subsection (2) if the Regulator reasonably believes it is necessary to do so in the circumstances.\n\n(4) A notice of revocation of registration must—\n\n(b) specify the day on which the revocation takes effect; and\n\n(c) state the Regulator's reasons for revoking the registration.\n\nDivision 8—Appointment of administrator\n\n","sortOrder":186},{"sectionNumber":"173","sectionType":"section","heading":"Regulator may appoint administrator to provider","content":"\t173 Regulator may appoint administrator to provider\n\n(1) Subject to subsections (2) and (3), the Regulator may appoint an administrator to take over any of the functions of a social service provider if—\n\n(a) the provider is required to be registered in respect of the social services being provided but is not registered; or\n\n(b) the provider's registration has been suspended under section 170; or\n\n(c) the provider's registration has been revoked under section 172, or the Regulator has served on the provider a notice of intention to revoke the registration under section 172(2)(a); or\n\n(d) the Regulator reasonably believes that the appointment of an administrator is necessary to protect the interests of the service users.\n\n**Examples**\n\n1 The wellbeing of service users is compromised or is likely to be compromised.\n\n2 The rights of service users are compromised or are likely to be compromised.\n\n3 The provider has significantly or repeatedly contravened this Act or the regulations.\n\n4 In the case of a residential service, the provider dies or is incapable of managing and operating the residential service.\n\n(2) The Regulator must not appoint an administrator under subsection (1) unless the Regulator is satisfied that it is necessary to appoint an administrator to ensure that social services—\n\n(a) continue to be provided to service users, whether or not by the relocation of the residents; and\n\n(b) are provided in accordance with this Act or the regulations.\n\n(3) Before appointing an administrator under subsection (1), the Regulator must—\n\n(a) give to the provider a written notice stating—\n\n(i) the Regulator's intention to appoint an administrator and the grounds for doing so; and\n\n(ii) that the provider may make oral or written submissions to the Regulator regarding the intended appointment within the period specified in the notice; and\n\n(4) The Regulator may appoint an administrator to a social service provider at the request of the provider.\n\n(5) The appointment of an administrator must be in writing and specify—\n\n(a) the functions and powers the administrator; and\n\n(b) any other prescribed information.\n\n","sortOrder":187},{"sectionNumber":"174","sectionType":"section","heading":"Period of appointment","content":"\t174 Period of appointment\n\n(1) The appointment of an administrator under this Division has effect—\n\n(a) if the administrator is appointed at the request of the registered social service provider, for the period agreed by the Regulator and the provider; and\n\n(b) in any other case, subject to subsection (2), for the period, not exceeding 180 days, determined by the Regulator.\n\n(2) Before the expiry of the period for which the appointment of an administrator has effect determined by the Regulator, the Regulator may extend the period of the appointment for any further period that the Regulator considers to be reasonably required to complete the administration.\n\n","sortOrder":188},{"sectionNumber":"175","sectionType":"section","heading":"Functions and powers of administrator","content":"\t175 Functions and powers of administrator\n\n(1) An administrator appointed under this Division has all the functions and powers specified in the appointment.\n\n(2) For the purposes of subsection (1), the appointment may include any of the following functions—\n\n(a) to control the provider's business, property and affairs;\n\n(b) to ensure that there is a process for consultation and decision-making to enable the continuity of the social service provider as a whole;\n\n(c) in the case of a residential service, to relocate residents.\n\n(3) During the administration period, an administrator may do any thing necessary or desirable for the purpose of carrying out the administrator's functions as an administrator in the name of, or as agent of, the provider.\n\n(4) Without limiting subsection (3), an administrator may do any of the following—\n\n(a) enter and occupy the provider's premises;\n\n(b) manage and operate the provider;\n\n(c) put into place a financial management system in relation to the provider, including—\n\n(i) receiving fees from or on behalf of a service user; and\n\n(ii) receiving money from or on behalf of a service user as an allowance and appropriately distributing that money to the service user or using it for the benefit of the service user; and\n\n(iii) establishing and maintaining a trust account at an ADI into which money received from or on behalf of service users may be paid; and\n\n(iv) making payments in relation to the exercise of any power of the administrator;\n\n(d) inspect and take possession of any document in connection with the operation and management of the provider;\n\n(e) use, repair or replace any equipment or facilities of the provider;\n\n(f) prepare and distribute to service users for consumption any food stored at the provider's premises;\n\n(g) enter into or renew any contract for the provision of goods or services or any lease contract or any contract of insurance in relation to the operation and management of the provider;\n\n(h) engage new members of staff or dismiss members of staff of the provider;\n\n(i) appoint or engage any legal practitioner, accountant or other professionally qualified person to assist the administrator;\n\n(j) by notice in writing, require a report containing the information specified in the notice as to the business affairs of the provider to be prepared by—\n\n(i) the provider; or\n\n(ii) any employee of the provider; or\n\n(iii) in the case of a provider that is a body corporate, a director or an officer of the provider.\n\n(5) In carrying out functions and exercising any power as an administrator, an administrator must comply with—\n\n(a) any direction given by the Regulator; and\n\n(b) any guidelines issued by the Regulator in relation to administrators appointed under this Division.\n\n(6) If a person is appointed as an administrator under this Division, any contract, agreement or arrangement for the provision of equipment or services or the use of premises for the purposes of carrying on the provider continues in force despite the appointment.\n\n(7) If a person has been appointed as an administrator under this Division, a service user may make payments in relation to the service user's accommodation and personal support at the provider's premises to the administrator.\n\n","sortOrder":189},{"sectionNumber":"176","sectionType":"section","heading":"Financially unviable provider","content":"\t176 Financially unviable provider\n\n(1) Subject to subsection (2), an administrator appointed under this Division is not required to continue to manage or operate the provider if the administrator, after undertaking an assessment, determines that it is not financially viable to continue managing and operating that provider.\n\n(2) An administrator must not cease managing and operating a provider of a residential service until the administrator has relocated all residents to other suitable accommodation.\n\n","sortOrder":190},{"sectionNumber":"177","sectionType":"section","heading":"Provider to pay Regulator costs incurred by appointment of administrator","content":"\t177 Provider to pay Regulator costs incurred by appointment of administrator\n\nA social service provider for which an administrator has been appointed under this Division is liable to pay to the Regulator the amount determined by the Regulator as the amount of costs incurred—\n\n(a) in connection with the appointment of the administrator; or\n\n(b) by the administrator in connection with the management and operation of the provider.\n\n","sortOrder":191},{"sectionNumber":"178","sectionType":"section","heading":"Offence to remove equipment or other property without consent of administrator","content":"\t178 Offence to remove equipment or other property without consent of administrator  \n\nDuring the administration period, the social service provider must not remove from the premises any equipment or other property (whether or not owned by the provider) which is reasonably necessary for the proper and efficient delivery of social services at the premises without the consent of the administrator.\n\nSection 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.\n\n","sortOrder":192},{"sectionNumber":"179","sectionType":"section","heading":"Offence to hinder or obstruct administrator","content":"\t179 Offence to hinder or obstruct administrator\n\nDuring the administration period, the social service provider must not hinder or obstruct the administrator carrying out functions or exercising a power under this Division without reasonable excuse.\n\nSection 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.\n\n","sortOrder":193},{"sectionNumber":"180","sectionType":"section","heading":"Offence to dispose of interests without consent of administrator","content":"\t180 Offence to dispose of interests without consent of administrator  \n\n(1) During the administration period, the social service provider must not dispose of any interest of the provider  in the premises of the provider, whether a freehold interest, a lease or a licence or similar proprietary interest without the consent of the administrator.\n\nSection 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.\n\n(2) The administrator must not unreasonably withhold consent to a disposal of an interest referred to in subsection (1).\n\n","sortOrder":194},{"sectionNumber":"181","sectionType":"section","heading":"Offence to enter into or exercise rights under contracts without consent of administrator","content":"\t181 Offence to enter into or exercise rights under contracts without consent of administrator\n\n(1) During the administration period, the social service provider must not enter into any contract relating to the social services delivered by the provider without the consent of the administrator.\n\nSection 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.\n\n(2) During the administration period, the social service provider must not terminate any contract relating to the social services delivered by the provider without the consent of the administrator.\n\nSection 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.\n\n(3) During the administration period, the social service provider must not vary any contract relating to the social services delivered by the provider without the consent of the administrator.\n\nSection 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.\n\n(4) During the administration period, the social service provider must not exercise any other right under any contract relating to the social services delivered by the provider without the consent of the administrator.\n\nSection 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.\n\n(5) The administrator must not unreasonably withhold consent under this section.\n\n","sortOrder":195},{"sectionNumber":"182","sectionType":"section","heading":"Offence to issue notice to vacate residents without consent of administrator","content":"\t182 Offence to issue notice to vacate residents without consent of administrator\n\n(1) During the administration period, the social service provider must not issue any notice to vacate to a resident without the consent of the administrator.\n\nSection 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.\n\n(2) The administrator must not unreasonably withhold consent to the issuing of a notice to vacate referred to in subsection (1).\n\n","sortOrder":196},{"sectionNumber":"183","sectionType":"section","heading":"Offence to undertake duty or function of administrator without consent of administrator","content":"\t183 Offence to undertake duty or function of administrator without consent of administrator\n\nDuring the administration period, the social service provider must not undertake any duty or function of the administrator without the consent of the administrator.\n\nSection 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.\n\n","sortOrder":197},{"sectionNumber":"184","sectionType":"section","heading":"Offence to do prescribed action","content":"\t184 Offence to do prescribed action\n\nDuring the administration period, the social service provider must not do any prescribed action.\n\nSection 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.\n\n","sortOrder":198},{"sectionNumber":"185","sectionType":"section","heading":"Compensation","content":"\t185 Compensation\n\nA person who suffers loss as a result of—\n\n(a) the appointment of an administrator under this Division; and\n\n(b) the operation of section 175(6) or 178—\n\nis entitled to be paid the compensation that the Minister, on the recommendation of the Regulator, determines.\n\n","sortOrder":199},{"sectionNumber":"186","sectionType":"section","heading":"Displacement of other laws—appointment of administrator","content":"\t186 Displacement of other laws—appointment of administrator\n\n(1) The provisions of this Division are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 5 of that Act.\n\nSection 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.\n\n(2) This Division applies despite anything to the contrary in the Co‑operatives National Law (Victoria) or the **Associations Incorporation Reform Act 2012**.\n\n","sortOrder":200},{"sectionNumber":"Part 8","sectionType":"part","heading":"Information collection, use and disclosure","content":"Part 8—Information collection, use and disclosure\n\n","sortOrder":201},{"sectionNumber":"187","sectionType":"section","heading":"Definitions","content":"\t187 Definitions\n\nS. 187 def. of *child wellbeing and safety authorised officer* inserted by No. 58/2025 s. 133(1).\n\n***child wellbeing and safety authorised officer***  means a reportable conduct authorised officer within the meaning of the **Child Wellbeing and Safety Act 2005**;\n\n***confidential information*** means—\n\n(a) health information; or\n\n(b) personal information; or\n\n(c) sensitive information within the meaning set out in Schedule 1 to the **Privacy and Data Protection Act 2014**; or\n\n(d) unique identifiers within the meaning set out in Schedule 1 to the **Privacy and Data Protection Act 2014**; or\n\n(e) identifiers within the meaning of the **Health Records Act 2001**;\n\n***Fair Work Commission*** means the body established under section 575 of the Fair Work Act 2009 of the Commonwealth;\n\n***health information*** has the same meaning as in section 3(1) of the **Health Records Act 2001**;\n\n***Health Privacy Principle*** means any of the Health Privacy Principles set out in Schedule 1 to the **Health Records Act 2001**;\n\nS. 187 def. of *independent expert advisory panel* inserted by No. 58/2025 s. 133(1).\n\n***independent expert advisory panel*** has the same meaning as in Division 3A of Part 10;\n\n***Information Privacy Principle*** means any of the Information Privacy Principles set out in Schedule 1 to the **Privacy and Data Protection Act 2014**;\n\n***personal information*** has the same meaning as in section 3 of the **Privacy and Data Protection Act 2014**;\n\n***registered health practitioner*** means a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student);\n\n***Victorian WorkCover Authority*** has the same meaning as in the **Workplace Injury Rehabilitation and Compensation Act 2013**.\n\n","sortOrder":202},{"sectionNumber":"188","sectionType":"section","heading":"Meaning of *protected information*","content":"\t188 Meaning of *protected information*\n\nIn this Act—\n\nS. 188 def. of *protected information* amended by No. 58/2025 s. 133(2).\n\n***protected information*** means information (including ***confidential information***) that—\n\n(a) is not in the public domain; and\n\n(b) is obtained by or disclosed to the Regulator, an independent investigator, a member of a Panel, an authorised officer, a child wellbeing and safety authorised officer, an independent expert advisory panel or a member of staff of or person authorised or engaged by the Regulator; and\n\n(c) is obtained or disclosed for the purpose of carrying out a function or duty of the Regulator, an independent investigator, a child wellbeing and safety authorised officer, an independent expert advisory panel, a Panel or an authorised officer under this Act or any other Act; and\n\n(d) is obtained or disclosed—\n\n(i) in the course of exercising a power or carrying out a function or duty of the Regulator, an independent investigator, a child wellbeing and safety authorised officer, an independent expert advisory panel, a member of a Panel or an authorised officer under this Act or any other Act; or\n\n(ii) by another relevant agency under this Part; or\n\n(iii) under Division 8 of Part 5 or Division 2 of Part 6.\n\n","sortOrder":203},{"sectionNumber":"189","sectionType":"section","heading":"Meaning of *relevant agency*","content":"\t189 Meaning of *relevant agency*\n\nIn this Act—\n\nS. 189 def. of *relevant agency* amended by No. 58/2025 s. 14.\n\n***relevant agency*** means the following—\n\n(a) the Regulator;\n\n(b) a Victorian government entity or Victorian public authority that—\n\n(i) has a function, power or duty in relation to dealing with complaints about the conduct of a registered social service provider or a WCES worker or carer regulated by this Act; or\n\n(ii) has a function, power or duty in relation to the oversight or regulation of a registered social service provider or a WCES worker or carer regulated by this Act; or\n\n(iii) funds or contracts for the provision of social services that are regulated under this Act;\n\n(c) a Victorian government entity that provides education or training to registered social service providers or WCES workers or carers regulated by this Act;\n\n(d) the Secretary;\n\n(e) the Secretary within the meaning of section 3(1) of the **Children, Youth and Families Act 2005**;\n\n(ea) the Regulatory Authority within the meaning of the Education and Care Services National Law (Victoria);\n\n(eb) the Regulatory Authority within the meaning of the **Children's Services Act 1996**;\n\n(f) the Chief Commissioner of Police appointed under section 17 of the **Victoria Police Act 2013**;\n\n(g) a law enforcement agency;\n\n(h) a prescribed entity.\n\n","sortOrder":204},{"sectionNumber":"190","sectionType":"section","heading":"Application of this Part to courts and tribunals","content":"\t190 Application of this Part to courts and tribunals\n\nIf any of the following persons or bodies are prescribed to be relevant agencies, nothing in this Part applies to the collection, use or disclosure of confidential information by those persons or bodies in relation to, or for the purposes of, their judicial or quasi‑judicial functions—\n\n(a) a court or tribunal;\n\n(b) the holder of a judicial or quasi-judicial office or other office pertaining to a court or tribunal in their capacity as the holder of that office;\n\n(c) a registry or other office of a court or tribunal;\n\n(d) the staff of such a registry or other office in their capacity as members of that staff.\n\n","sortOrder":205},{"sectionNumber":"191","sectionType":"section","heading":"Principles","content":"\t191 Principles\n\n(1) A relevant agency, when carrying out a function or exercising a power under this Act, must—\n\nS. 191(1)(a) amended by No. 58/2025 s. 134(a).\n\n(a) give precedence to the wellbeing and safety of service users or a class of service users or a child over the right to privacy; and\n\nS. 191(1)(b) amended by No. 58/2025 s. 134(b).\n\n(b) only collect, use or disclose a person's confidential information to the extent that the collection, use or disclosure of the information is necessary to promote the wellbeing or safety of a service user, a child or a class of service users; and\n\n(c) work collaboratively in a manner that respects the functions and expertise of each relevant agency; and\n\n(d) seek and take into account the views of a service user and the service user's relevant family members, if it is appropriate, safe and reasonable to do so; and\n\n(e) collect, use or disclose the confidential information of a person who identifies as Aboriginal or Torres Strait Islander in a manner that—\n\n(i) promotes the right to self-determination and is culturally sensitive; and\n\n(ii) considers the person's familial and community connections; and\n\n(f) have regard to, and be respectful of, a person's cultural, sexual and gender identity and religious faith.\n\n(2) The Parliament does not intend these principles—\n\n(a) to create in any person any legal right or give rise to any civil cause of action; or\n\n(b) to affect in any way the interpretation of any Act or law in force in Victoria.\n\n(3) A failure by a relevant agency to consider the principles in this section, or to consider the principles in this section a particular way, does not of itself—\n\n(a) affect the validity of the relevant agency's collection, use or disclosure of information under this Part; or\n\n(b) make the relevant agency liable to any offence under this Part.\n\nDivision 2—Information sharing\n\n","sortOrder":206},{"sectionNumber":"192","sectionType":"section","heading":"Disclosure of information","content":"\t192 Disclosure of information\n\n(1) Without limiting sections 193, 194, 195 and 196, a relevant agency may use or disclose information under this Part for a purpose relating to—\n\n(a) providing information to a Minister or a Secretary to a Department; or\n\n(b) compliance with an order of a court or tribunal, unless the use or disclosure of information is contrary to another Act; or\n\n(c) obtaining legal advice; or\n\n(d) seeking advice or support, in relation to protected information, from—\n\n(i) a registered health practitioner; or\n\n(ii) a trade union of which the person is a member; or\n\n(iii) an employee assistance program; or\n\n(e) making a workers' compensation claim with the Victorian WorkCover Authority; or\n\n(f) a prescribed purpose for a prescribed service; or\n\n(g) applying to the Fair Work Commission (including any related proceeding).\n\nS. 192(2) amended by No. 58/2025 s. 135(a)(b).\n\n(2) An authorised officer, a child wellbeing and safety authorised officer, independent investigator or staff of the Regulator may disclose information to any of the following for the purposes of carrying out a function or duty under this Act or any other Act—\n\n(a) an authorised officer;\n\nS. 192(2)(ab) inserted by No. 58/2025 s. 135(c).\n\n(ab) a child wellbeing and safety authorised officer;\n\n(b) an independent investigator;\n\nS. 192(2)(c) amended by No. 58/2025 ss 15, 135(d).\n\n(c) the Regulator, an Associate Regulator or staff of the Regulator.\n\n","sortOrder":207},{"sectionNumber":"193","sectionType":"section","heading":"Sharing of information between relevant agencies","content":"\t193 Sharing of information between relevant agencies\n\nS. 193(1) amended by No. 58/2025 s. 136(1).\n\n(1) The Regulator may request another relevant agency to provide the Regulator any information held by the other relevant agency that is reasonably required for the performance of a function conferred on the Regulator by this Act, the **Child Wellbeing and Safety Act 2005** or any other Act.\n\n(2) A relevant agency may disclose to the Regulator any information held by the relevant agency if that agency is reasonably satisfied that the information—\n\nS. 193(2)(a) amended by No. 58/2025 s. 136(2).\n\n(a) is reasonably required for the performance of a function conferred on the Regulator by this Act, the **Child Wellbeing and Safety Act 2005** or any other Act; or\n\n(b) is necessary to disclose to determine whether further information may be lawfully disclosed.\n\n(3) The Regulator may disclose to another relevant agency any information held by the Regulator if the Regulator is reasonably satisfied that the information—\n\n(a) is reasonably required for the performance of a function of the relevant agency that relates to the safe delivery of social services or the protection of service users under an Act of Victoria, of another State or Territory, or of the Commonwealth; or\n\nS. 193(3)(ab) inserted by No. 58/2025 s. 136(3).\n\n(ab) is reasonably required for the performance of a function of the relevant agency under—\n\n(b) is necessary to disclose to determine whether further information may be lawfully disclosed.\n\n","sortOrder":208},{"sectionNumber":"194","sectionType":"section","heading":"Collection and use of information","content":"\t194 Collection and use of information\n\nA relevant agency must not collect and use information disclosed to the relevant agency under this Part, unless the information was disclosed—\n\n(a) in the performance of a function, exercise of a power or fulfilment of a duty that relates to the safe delivery of social services or the protection of service users conferred on the relevant agency under this Act or any other Act; or\n\nS. 194(ab) inserted by No. 58/2025 s. 137.\n\n(ab) in the performance of a function, exercise of a power or fulfilment of a duty under—\n\n(b) for the purposes of section 193(2)(b) or (3)(b); or\n\n(c) to otherwise promote the safe delivery of social services or the protection of service users.\n\n","sortOrder":209},{"sectionNumber":"195","sectionType":"section","heading":"Duty of relevant agency to assist Regulator","content":"\t195 Duty of relevant agency to assist Regulator\n\nA relevant agency must—\n\n(a) reasonably assist, in its capacity as a relevant agency, the Regulator in the performance of the Regulator's functions; and\n\n(b) take reasonable steps to provide the Regulator with information held by or under the control of the relevant agency that may be relevant to the Regulator's functions under this Act or any other Act.\n\n","sortOrder":210},{"sectionNumber":"196","sectionType":"section","heading":"Regulator may disclose protected information","content":"\t196 Regulator may disclose protected information\n\nS. 196(1) amended by No. 58/2025 s. 138(1)(a).\n\n(1) The Regulator may disclose protected information acquired by the Regulator in carrying out functions or exercising powers under this Act, the **Child Wellbeing and Safety Act 2005**, the **Worker Screening Act 2020** or any other Act if—\n\n(a) the Regulator is satisfied that the disclosure—\n\n(i) may promote the objectives of this Act; or\n\n(ii) may promote good public administration; or\n\n(iii) is in the interests of justice; or\n\n(b) the Regulator reasonably considers it otherwise appropriate to do so.\n\nS. 196(1)(ab) inserted by No. 58/2025 s. 138(1)(b).\n\n(ab) the Regulator is satisfied that the disclosure is reasonably required for the performance of a function or exercise of a power under—\n\nS. 196(1)(ac) inserted by No. 58/2025 s. 138(1)(b).\n\n(ac) the disclosure is permitted or required under another Act; or\n\n(2) A person to whom protected information is disclosed under subsection (1) may only use that protected information—\n\n(a) for the purpose for which it was disclosed; or\n\nS. 196(2)(b) amended by No. 58/2025 s. 138(2).\n\n(b) in carrying out any functions or exercising any powers under this Act, the **Child Wellbeing and Safety Act 2005**, the **Worker Screening Act 2020** or any other Act.\n\n","sortOrder":211},{"sectionNumber":"197","sectionType":"section","heading":"Person may disclose information to Regulator","content":"\t197 Person may disclose information to Regulator\n\n(1) A person may disclose to the Regulator information that relates to—\n\nS. 197(1)(a) substituted by No. 58/2025 s. 139(1).\n\n(a) compliance with the requirements of and under this Act, the **Child Wellbeing and Safety Act 2005** and the **Worker Screening Act 2020**; or\n\n(b) the conduct of a WCES worker or carer that could form the basis for the exclusion of the worker or carer under section 79(1)(a).\n\n(2) In relation to information disclosed under subsection (1), the Regulator may—\n\nS. 197(2)(a) amended by No. 58/2025 s. 139(2).\n\n(a) use the information to commence or continue compliance monitoring or enforcement action under this Act, the **Child Wellbeing and Safety Act 2005** or the **Worker Screening Act 2020**; or\n\n(b) consider and use the information for the purposes of the worker and carer exclusion scheme; or\n\n(c) disclose the information (in accordance with this Part) to another person or body if the Regulator considers that the compliance or conduct is more appropriately dealt with by that person or body; or\n\n(d) take no further action in relation to the information if the Regulator considers it appropriate.\n\n(3) The Regulator may—\n\n(a) disclose to a person who disclosed information under subsection (1) any action taken under subsection (2) in relation to that information; or\n\n(b) not disclose any action referred to in paragraph (a) if the Regulator considers that it would be inappropriate to do so.\n\n","sortOrder":212},{"sectionNumber":"198","sectionType":"section","heading":"Further disclosure of confidential information","content":"\t198 Further disclosure of confidential information\n\nIf confidential information is disclosed under this Part to a relevant agency, nothing in this Part prevents or limits the relevant agency from using or disclosing that information if it is required or permitted to do so by or under any Act or law.\n\n","sortOrder":213},{"sectionNumber":"199","sectionType":"section","heading":"Disclosure of compliance or enforcement action","content":"\t199 Disclosure of compliance or enforcement action\n\nA relevant agency must not disclose information it has received from the Regulator or a delegate of the Regulator that is not already in the public domain, without the written approval of the Regulator, if that information relates to—\n\n(a) any compliance or enforcement action taken, or proposed to be taken, by the Regulator under Part 5 or 6; or\n\n(b) any investigation, hearing or determination under the worker and carer exclusion scheme.\n\nDivision 3—Confidentiality notices\n\n","sortOrder":214},{"sectionNumber":"200","sectionType":"section","heading":"Definitions","content":"\t200 Definitions\n\nIn this Division—\n\n***authorised legal representative*** of a person means an Australian legal practitioner who has been instructed by a person to receive documents on the person's behalf;\n\nS. 200 def. of *restricted matter* amended by No. 58/2025 s. 140.\n\n***restricted matter*** means—\n\n(a) any evidence or information obtained by or disclosed to the Regulator, a person employed or engaged by the Regulator under section 12, a Panel, an authorised officer or an independent investigator under this Act; or\n\n(b) the contents of any document, or a description of any thing, produced to or obtained by the Regulator, a Panel, an authorised officer or an independent investigator under this Act; or\n\n(c) the contents of any document, or description of any thing, which has been copied or seized by the Regulator, an authorised officer, or an independent investigator under Part 6; or\n\n(d) the existence of, or any information about, a confidentiality notice; or\n\n(e) the existence of, or any information about, a notice issued under section 109(2)(c) or a notice issued by a Panel under section 96, including the subject matter of any compliance monitoring or investigation to which the notice relates; or\n\n(f) any information that could enable a person who under this Act has been, or is proposed to be, examined by, or who has produced or may produce any document or thing to, the Regulator, a Panel, an authorised officer or an independent investigator, to be identified or located; or\n\n(g) the fact that a disclosure or a related disclosure has been made to the Regulator, a Panel, an authorised officer or an independent investigator under Division 2 of Part 4 or Division 4 of Part 8.\n\n","sortOrder":215},{"sectionNumber":"201","sectionType":"section","heading":"Confidentiality notice","content":"\t201 Confidentiality notice\n\n(1) The Regulator or a Panel may issue a confidentiality notice to a person (other than to the Panel, an authorised officer, an independent investigator or a relevant agency) specifying a restricted matter, if the Regulator or the Panel (as the case may be) considers on reasonable grounds that the disclosure of that restricted matter would be likely to prejudice—\n\n(a) the investigation of—\n\n(i) a contravention of this Act or the regulations; or\n\n(ii) a contravention of the Child Safe Standards within the meaning of section 3(1) of the **Child Wellbeing and Safety Act 2005**; or\n\n(iii) conduct that may lead to the exclusion of a WCES worker or carer under the worker and carer exclusion scheme; or\n\n(b) the safety or reputation of a person; or\n\n(c) the fair trial of a person who has been, or may be, charged with an offence.\n\n(2) A confidentiality notice must—\n\n(a) be in the prescribed form; and\n\n(b) specify the restricted matter in respect of which the confidentiality notice is issued; and\n\n(c) include a copy of the provisions of subsections (3) to (9) and section 204 and an explanation of the effect of those provisions; and\n\n(d) include a statement, where appropriate—\n\n(i) advising the person to whom the confidentiality notice is issued that additional obligations under the **Public Interest Disclosures Act 2012** relating to confidentiality may apply to the person; and\n\n(ii) directing the person to the provisions of that Act which impose those obligations.\n\n(3) If at any time the Regulator or the Panel considers on reasonable grounds that it is necessary to restrict disclosure of a different restricted matter than the restricted matter specified in a confidentiality notice, the Regulator or the Panel (as the case may be) must issue to the person to whom the confidentiality notice was issued—\n\n(a) a notice cancelling the previous confidentiality notice; and\n\n(b) a new confidentiality notice in respect of that different restricted matter.\n\n(4) If at any time the Regulator or the Panel considers on reasonable grounds that it is no longer necessary to restrict disclosure of part, or all, of a restricted matter specified in a confidentiality notice to ensure that the matters specified in subsection (1) are not likely to be prejudiced, the Regulator or the Panel (as the case may be) must issue to the person to whom the confidentiality notice was issued—\n\n(a) a notice cancelling the previous confidentiality notice; and\n\n(b) if it is necessary to restrict disclosure of any restricted matter specified in the previous confidentiality notice, a new confidentiality notice in respect of that restricted matter.\n\n(5) A confidentiality notice in respect of a restricted matter ceases to have effect on whichever of the following occurs first—\n\n(a) the Regulator or the Panel (as the case may be) issues a notice cancelling the confidentiality notice under subsection (3) or (4);\n\n(b) the expiry date specified in the confidentiality notice, being not more than 3 years after the date of issue;\n\n(c) if an extension of the expiry period of the confidentiality notice is granted under subsection (8), the date on which the period of extension expires.\n\n(6) Despite subsection (5), a confidentiality notice that is the subject of an application for an extension of the expiry period under subsection (7) continues in effect until the application is determined.\n\n(7) If the Regulator or the Panel considers on reasonable grounds that it is necessary to extend the expiry period of a confidentiality notice on any of the grounds specified in subsection (8), the Regulator or the Panel (as the case may be) may apply to the Supreme Court for an extension of the period.\n\n(8) The Supreme Court, on the application of the Regulator or the Panel, may, by order, extend the expiry period of the confidentiality notice that is the subject of the application, if the Supreme Court is satisfied that an extension is necessary to avoid prejudice to—\n\n(a) the safety or reputation of a person; or\n\n(b) the fair trial of a person who has been, or may be, charged with an offence; or\n\n(c) any proceedings that are proposed to be commenced or which have not been finally determined.\n\n(9) If the Supreme Court refuses to extend the expiry period of a confidentiality notice on an application under subsection (7), the Regulator or the Panel (as the case may be) must issue the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice.\n\n","sortOrder":216},{"sectionNumber":"202","sectionType":"section","heading":"Service of confidentiality notices","content":"\t202 Service of confidentiality notices\n\n(1) A confidentiality notice under section 201(1), or a notice cancelling a confidentiality notice under section 201(3), (4) or (9), is to be issued by service in any of the following manners—\n\n(a) giving a copy of the notice to, or serving it personally on, the person;\n\n(b) sending by registered post a copy of the notice addressed to that person at the person's last known place of residence or business;\n\n(c) delivering a copy of the notice to the person by means of electronic communication that is confirmed as having been received by the person;\n\n(d) sending by registered post a copy of the notice, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative;\n\n(e) leaving a copy of the notice at the person's usual or last known place of residence with a person on the premises who is apparently not less than 16 years of age;\n\n(f) leaving a copy of the notice at the person's usual or last known place of business with a person who is apparently employed at the premises and who is apparently not less than 16 years of age;\n\n(g) leaving a copy of the notice for that person—\n\n(i) at the place of business of the person's authorised legal representative; and\n\n(ii) with a person who is apparently employed at the premises and who is apparently not less than 16 years of age;\n\n(h) delivering a copy of the notice, addressed to the person's authorised legal representative, to the person's authorised legal representative personally;\n\n(i) delivering a copy of the notice to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative.\n\n(2) For the purposes of subsection (1), a person may deliver a notice to another person personally by placing a copy of the notice on a surface in the presence of that other person.\n\n(3) For the purposes of subsection (1)(c), the receipt of a notice may be confirmed by any form of electronic communication.\n\nS. 203 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 33.2).\n\nS. 203 amended by No. 31/2024 s. 113(Sch. 1 item 33.3).\n\n","sortOrder":217},{"sectionNumber":"203","sectionType":"section","heading":"Regulator or Panel to provide Integrity Oversight Victoria with copies","content":"\t203 Regulator or Panel to provide Integrity Oversight Victoria with copies\n\nThe Regulator or a Panel, as soon as reasonably practicable, must provide Integrity Oversight Victoria with a copy of the following—\n\n(a) each confidentiality notice issued by the Regulator or Panel (as the case may be);\n\n(b) a report or statement of reasons for the issue of each confidentiality notice by the Regulator or Panel;\n\n(c) each notice cancelling a confidentiality notice issued by the Regulator or Panel under section 201(3), (4) or (9);\n\n(d) each application to the Supreme Court under section 201(7) to extend the expiry period of a confidentiality notice issued by the Regulator or Panel;\n\n(e) each order made under section 201(8) by the Supreme Court extending the expiry period of a confidentiality notice issued by the Regulator or Panel.\n\n","sortOrder":218},{"sectionNumber":"204","sectionType":"section","heading":"Disclosure subject to confidentiality notice","content":"\t204 Disclosure subject to confidentiality notice\n\n(1) Subject to subsection (2), a person who is duly served with a confidentiality notice by the Regulator or a Panel under section 201, and if applicable, any order extending the confidentiality notice, must not disclose a restricted matter specified in the confidentiality notice while it has effect.\n\nPenalty: 10 penalty units.\n\nA person who is served with or receives a confidentiality notice may be subject to further confidentiality obligations under Part 7 of the **Public Interest Disclosures Act 2012**.\n\n(2) Subsection (1) does not apply to a restricted matter specified in a confidentiality notice that is disclosed in any of the following circumstances—\n\n(a) in accordance with a direction or authorisation given by the Regulator or Panel (as the case may be);\n\n(b) to any person where necessary for the purposes of obtaining any information, document or other thing to comply with a confidentiality notice, a notice cancelling a confidentiality notice or an order extending a confidentiality notice under section 201, including if the person served with a confidentiality notice—\n\n(i) does not have a sufficient knowledge of the English language to understand the nature of the confidentiality notice, the notice cancelling a confidentiality notice or the order extending a confidentiality notice under section 201, to an interpreter; or\n\n(ii) is a child, to a parent, guardian or independent person; or\n\n(iii) is a person who is illiterate or has a mental, physical or other impairment which prevents the person from understanding the confidentiality notice, the notice cancelling a confidentiality notice or the order extending a confidentiality notice under section 201 without assistance, to an independent person;\n\n(c) for the purposes of obtaining legal advice or representation in relation to—\n\n(i) a confidentiality notice or an order extending a confidentiality notice under section 201; or\n\n(ii) the person's rights, liabilities, obligations and privileges under this Act, or any other Act or law;\n\n(d) by an Australian legal practitioner who receives a disclosure in the circumstances specified in paragraph (c), for the purposes of complying with a legal duty of disclosure or a professional obligation arising from the Australian legal practitioner's professional relationship with their client;\n\n(e) to any of the following persons, unless the Regulator or the Panel (as the case may be) directs that the restricted matter must not be disclosed to that person—\n\n(i) the spouse or domestic partner of the person served with the confidentiality notice;\n\n(ii) the employer or manager of the person served with the confidentiality notice, or both;\n\n(f) unless the Regulator or Panel (as the case may be) directs that the restricted matter must not be disclosed in one of the following circumstances—\n\n(i) to any of the following for the purpose of assisting the person to seek advice or support in relation to the restricted matter in respect of which the confidentiality notice has been issued—\n\n(A) a registered health practitioner;\n\n(B) a trade union of which the person is a member;\n\n(C) an employee assistance program;\n\n(ii) to the Victorian WorkCover Authority for the purpose of a workers' compensation claim;\n\n(iii) to a prescribed service for a purpose prescribed for that service;\n\n(iv) for the purpose of an application to the Fair Work Commission, including any related proceeding;\n\n(g) as is otherwise authorised or required to be made by or under this Act.\n\n","sortOrder":219},{"sectionNumber":"205","sectionType":"section","heading":"Regulator may take action if Panel ceases to exist","content":"\t205 Regulator may take action if Panel ceases to exist\n\nIf a Panel is required or permitted to deal with information under this Division and that Panel ceases to exist, the Regulator may take any action under this Division that the Panel was required or permitted to undertake as if the Panel continued to exist.\n\nDivision 4—Protection of disclosures made in good faith\n\n","sortOrder":220},{"sectionNumber":"206","sectionType":"section","heading":"Use and disclosure in good faith protected","content":"\t206 Use and disclosure in good faith protected\n\nS. 206(1) amended by No. 58/2025 s. 141.\n\n(1) The use, or disclosure to the Regulator, an authorised officer, a child wellbeing and safety authorised officer, staff of the Regulator, a member of a Panel or an independent investigator, of information under this Part in good faith and with reasonable care—\n\n(a) does not for any purpose constitute unprofessional conduct or a breach of professional ethics on the part of the person by whom it is made; and\n\n(b) does not make the person by whom the use or disclosure is made subject to any liability in respect of that use or disclosure; and\n\n(c) does not constitute a contravention of a provision referred to in section 207(2).\n\n(2) Without limiting subsection (1), a matter is published on an occasion of absolute privilege for the purposes of section 27 of the **Defamation Act 2005** if the matter is disclosed to the Regulator under section 195 or 197 in good faith.\n\n(3) If there is an inconsistency between this section and the **Public Interest Disclosures Act 2012**, that Act prevails to the extent of that inconsistency.\n\nDivision 5—Relationship of this Part with other Acts\n\n","sortOrder":221},{"sectionNumber":"207","sectionType":"section","heading":"Relevant agencies to collect, use or disclose information despite other Acts","content":"\t207 Relevant agencies to collect, use or disclose information despite other Acts\n\n(1) Division 2 (other than section 197) applies despite anything to the contrary in a provision of any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\n(2) Without limiting subsection (1), the following provisions do not limit the collection, use or disclosure of information under Division 2 (other than section 197)—\n\n(a) section 207(2) of the **Children, Youth and Families Act 2005**;\n\n(b) section 55 of the **Commission for Children and Young People Act 2012**;\n\n(c) section 140 of the **Confiscation Act 1997**;\n\nS. 207(2)(d) amended by No. 9/2023 s. 266(1).\n\n(d) sections 36, 132ZC, 202AB, 202AC and 202AD of the **Disability Act 2006**;\n\n(e) sections 5.3A.10 and 5.3A.14 of the **Education and Training Reform Act 2006**;\n\n(f) section 178 of the **Fines Reform Act 2014**;\n\n(g) section 181 of the **Firearms Act 1996**;\n\n(h) section 23 of the **Human Services (Complex Needs) Act 2009**;\n\n(i) section 347(2) of the **Mental Health Act 2014**;\n\n(j) section 181 of the **Personal Safety Intervention Orders Act 2010**;\n\n(k) section 130 of the **Worker Screening Act 2020**;\n\n(l) a prescribed provision.\n\nS. 208 amended by No. 58/2025 s. 142.\n\n","sortOrder":222},{"sectionNumber":"208","sectionType":"section","heading":"Part does not affect handling of confidential information permitted by this Act or other Acts","content":"\t208 Part does not affect handling of confidential information permitted by this Act or other Acts\n\nNothing in this Part limits the collection, use or disclosure of confidential information by a relevant agency under the **Privacy and Data Protection Act 2014**, the **Health Records Act 2001**, this Act, the **Child Wellbeing and Safety Act 2005**, the **Worker Screening Act 2020** or any other Act.\n\n","sortOrder":223},{"sectionNumber":"209","sectionType":"section","heading":"Restrictions on access to confidential information","content":"\t209 Restrictions on access to confidential information\n\n(1) A relevant agency may refuse to give an individual access to that individual's confidential information under a relevant privacy law if the relevant agency believes on reasonable grounds that giving the individual access to the information would increase a risk to the safety of a service user or group of service users.\n\n***relevant privacy law*** means—\n\n(a) Health Privacy Principle 6; or\n\n(b) Information Privacy Principle 6; or\n\n(c) the Privacy Act 1988 of the Commonwealth; or\n\n(d) the Privacy Act 1988 of the Commonwealth applied as a law of Victoria by another Act.\n\n","sortOrder":224},{"sectionNumber":"210","sectionType":"section","heading":"Exemption from Freedom of Information Act 1982 for Regulator or Panel","content":"\t210 Exemption from Freedom of Information Act 1982 for Regulator or Panel\n\n(1) The **Freedom of Information Act 1982** does not apply to a document that is in the possession of the Regulator or a Panel, to the extent to which the document discloses protected information.\n\n***document*** has the same meaning as it has in section 5(1) of the **Freedom of Information Act 1982**.\n\nDivision 6—Offences\n\n","sortOrder":225},{"sectionNumber":"211","sectionType":"section","heading":"Unauthorised use and disclosure of protected information collected under this Part","content":"\t211 Unauthorised use and disclosure of protected information collected under this Part\n\nA person must not use or disclose protected information disclosed to the Regulator under this Part except in accordance with this Part.\n\n","sortOrder":226},{"sectionNumber":"212","sectionType":"section","heading":"Protection from reprisal","content":"\t212 Protection from reprisal\n\n(1) A person must not take detrimental action against another person in reprisal for a disclosure of information to the Regulator under section 195 or 197 that is made in good faith.\n\nPenalty: 240 penalty units, or 2 years imprisonment, or both.\n\n(2) A person takes detrimental action in reprisal for a disclosure referred to in subsection (1) if—\n\n(a) the person takes or threatens to take the action because—\n\n(i) a person has made, or intends to make, the disclosure; or\n\n(ii) the person believes that a person has made or intends to make the disclosure; or\n\n(b) the person incites or permits another person to take or threaten to take the action for either of those reasons.\n\n","sortOrder":227},{"sectionNumber":"Part 9","sectionType":"part","heading":"Supported residential services","content":"Part 9—Supported residential services\n\n","sortOrder":228},{"sectionNumber":"213","sectionType":"section","heading":"Definitions","content":"\t213 Definitions\n\n***close associate***, in relation to a provider, means—\n\n(a) if the provider is an individual—\n\n(i) the spouse, domestic partner, parent, child or sibling of the provider; or\n\n(ii) the parent, child or sibling of the spouse or domestic partner of the provider; or\n\n(iii) a body corporate of which the provider is a director or secretary; or\n\n(b) if the provider is a body corporate—\n\n(i) a director or secretary of the body corporate or of a related body corporate; or\n\n(ii) the spouse, domestic partner, parent, child or sibling of a person referred to in subparagraph (i); or\n\n(iii) the parent, child or sibling of the spouse or domestic partner of a person referred to in subparagraph (i); or\n\n(iv) a related body corporate; or\n\n(c) in either case referred to in paragraph (a) or (b), an agent or employee of the provider;\n\n***condition report*** means a report required under section 251;\n\n***designated public hospital***  has the same meaning as it has in the **Health Services Act 1988**;\n\n***establishment fee*** means a fee to cover the costs of assessing a resident's needs and preparing a support plan;\n\n***money of a resident*** does not include money paid to a social service provider on account of fees and expenses payable by the resident for accommodation or services provided by the provider;\n\n***nearest relative***,  in relation to a person, means—\n\n(a) the spouse or domestic partner of that person; or\n\n(b) if that person does not have a spouse or domestic partner, the relative of that person first listed in the following subparagraphs who has attained the age of 18 years, the elder or eldest of 2 or more relatives described in any subparagraph being preferred to either or any of those relatives regardless of sex—\n\n(i) son or daughter;\n\n(ii) father or mother;\n\n(iii) brother or sister;\n\n(iv) grandfather or grandmother;\n\n(v) grandson or granddaughter;\n\n(vi) uncle or aunt;\n\n(vii) nephew or niece;\n\n***order to vacate*** means an order issued by VCAT under Division 8;\n\n***person nominated*** means the person nominated by the resident to receive information relating to the resident's accommodation and personal support received at the supported residential service;\n\n***prohibited transaction*** has the meaning given in section 215;\n\n***provider*** means a social service provider registered under Division 1 of Part 3 to provide a supported residential service;\n\n***related body corporate*** has the same meaning as in the Corporations Act;\n\n***reportable transaction*** means any transaction between a provider, or a close associate of a provider, and a resident of the supported residential service that involves real or personal property the value of which exceeds the prescribed amount, other than a transaction at market value that relates only to the provision of accommodation or special or personal support to the resident in accordance with this Act;\n\n***reservation fee*** means a fee to reserve a place at a supported residential service;\n\n***resident*** means a person who receives personal support and accommodation at a supported residential service;\n\n***residential and services agreement*** means the agreement required under section 224(1);\n\n***resident's administrator*** means—\n\n(a) the resident's attorney appointed under a power of attorney or an enduring power of attorney under the **Powers of Attorney Act 2014** to administer the resident's property; or\n\n(b) a person appointed by a court or tribunal as the administrator of the resident's property; or\n\n(c) a person appointed as administrator for the resident under the **Guardianship and Administration Act 2019**;\n\n***resident's guardian*** means—\n\n(a) the resident's guardian appointed—\n\n(i) under the **Guardianship and Administration Act 2019**; or\n\n(ii) by a court; or\n\n(b) the resident's attorney appointed for personal matters under an enduring power of attorney under the **Powers of Attorney Act 2014**;\n\n***security deposit*** means an amount of money paid in advance by a resident to a provider to cover potential losses that the provider may suffer as a result of—\n\n(a) the resident or the resident's visitor causing damage to the supported residential service; or\n\n(b) a failure to pay fees;\n\n***support plan***, in relation to a resident, means the plan prepared by the provider in accordance with the regulations that includes—\n\n(a) the health and personal support needs of the resident; and\n\n(b) the services to be provided to the resident to assist with those needs;\n\n***supported residential service*** has the meaning given in section 214.\n\n","sortOrder":229},{"sectionNumber":"214","sectionType":"section","heading":"Meaning of *supported residential service*","content":"\t214 Meaning of *supported residential service*\n\n(1) A ***supported residential service*** means a premises where accommodation and personal support are privately provided or offered to residents for a fee or reward, whether or not it is registered under Part 3, but does not include the following—\n\n(a) residential premises where accommodation and personal support or nursing care, or both, are provided to a person in respect of whom a residential care subsidy is payable under an Act of the Commonwealth;\n\n(b) premises used for residential services within the meaning of the **Disability Act 2006**;\n\nS. 214(1)(ba) inserted by No. 9/2023 s. 243.\n\n(ba) accommodation approved for supervised treatment under section 187 of the **Disability Act 2006**;\n\nS. 214(1)(c) amended by No. 58/2025 s. 449.\n\n(c) premises that are SDA dwellings occupied by SDA residents within the meaning of the **Residential Tenancies Act 1997**;\n\n(d) premises used for a designated mental health service within the meaning of the **Mental Health Act 2014**;\n\n(e) premises used for secure welfare services or out of home care services within the meaning of the **Children, Youth and Families Act 2005**;\n\n(f) premises in which accommodation and personal support is provided to all residents under a funding and service agreement with the State or the Commonwealth or a public body where that agreement specifies requirements or standards for the provision of care;\n\n(g) premises that are recorded in the register kept under section 38J of the **Retirement Villages Act 1986** and that satisfy the requirements of section 38L of that Act.\n\n(2) In Division 4 only, a ***supported residential service*** includes a designated public hospital.\n\n","sortOrder":230},{"sectionNumber":"215","sectionType":"section","heading":"Meaning of *prohibited transaction*","content":"\t215 Meaning of *prohibited transaction*\n\n(1) A ***prohibited transaction*** means any of the following—\n\n(a) a gift from a resident, other than a gift the value of which is less than the prescribed amount;\n\n(b) a transfer, by way of sale or exchange, of real or personal property from a resident for less than market value;\n\n(c) a sale of real or personal property to a resident for more than market value;\n\n(d) subject to subsection (2), a transaction with a resident, other than a transaction referred to in paragraphs (a) to (c), the value of which exceeds the prescribed amount that is not evidenced in a written agreement signed by the parties;\n\n(e) subject to subsection (2), a transaction with a resident, other than a transaction referred to in paragraphs (a) to (c), the value of which exceeds the prescribed amount in relation to which the resident or the resident's administrator has not obtained independent financial or legal advice.\n\n(2) A transaction referred to in subsection (1)(d) or (e) is not a prohibited transaction if—\n\n(a) the transaction relates only to the provision of accommodation or personal support to a resident of a supported residential service in accordance with this Act; or\n\n(b) the resident gains a benefit or advantage (financial or otherwise), or does not suffer a financial detriment, from the transaction and the provider or close associate of the provider does not gain a benefit or advantage (financial or otherwise) from the transaction.\n\nDivision 2—Information for prospective residents and new resident contact information\n\n","sortOrder":231},{"sectionNumber":"216","sectionType":"section","heading":"Person nominated","content":"\t216 Person nominated\n\n(1) Within 48 hours of a resident's admission to a supported residential service, the provider must ask the resident if the resident wishes to have a person nominated.\n\nThe role of a person nominated is independent of and additional to the role of any existing guardian or administrator appointed under the **Guardianship and Administration Act 2019**.\n\n(2) If the resident has a person nominated, the provider must record the name and contact details of the person nominated.\n\n(3) A provider must take reasonable steps to ensure that the details referred to in subsection (2) are kept up to date.\n\n","sortOrder":232},{"sectionNumber":"217","sectionType":"section","heading":"Details of resident's guardian or resident's administrator to be recorded","content":"\t217 Details of resident's guardian or resident's administrator to be recorded\n\n(1) If the resident has a resident's guardian, the provider must record the name and contact details of the resident's guardian.\n\n(2) If the resident has a resident's administrator, the provider must record the name and contact details of the resident's administrator.\n\n(3) A provider must take reasonable steps to ensure that the details referred to in subsection (1) or (2) are kept up to date.\n\nDivision 3—Money of residents\n\n","sortOrder":233},{"sectionNumber":"218","sectionType":"section","heading":"Management or control of resident's money by provider","content":"\t218 Management or control of resident's money by provider\n\nA provider must not manage or control money of a resident without the written consent of the resident.\n\n","sortOrder":234},{"sectionNumber":"219","sectionType":"section","heading":"Records of expenditure to be kept","content":"\t219 Records of expenditure to be kept\n\nA provider who manages or controls money of a resident must maintain an accurate and up to date record of—\n\n(a) any incoming money that the provider manages or controls on behalf of the resident; and\n\n(b) any expenditure of the money that the provider manages or controls on behalf of the resident.\n\n","sortOrder":235},{"sectionNumber":"220","sectionType":"section","heading":"Statements and access to records","content":"\t220 Statements and access to records\n\n(1) A provider who manages or controls money of a resident must provide the resident with an itemised statement setting out any income received and expenditure incurred on behalf of a resident since the previous statement—\n\n(a) on request; or\n\n(b) at least once every 3 months.\n\n(2) A provider who manages or controls money of a resident must give access to the resident's financial records held by the provider to the resident or the person nominated (if any) on request.\n\n","sortOrder":236},{"sectionNumber":"221","sectionType":"section","heading":"Provider may give directions relating to resident's money","content":"\t221 Provider may give directions relating to resident's money\n\n(1) In managing or controlling money of a resident under section 218, a provider may direct any employee of the supported residential service to handle or deal with the money.\n\n(2) A provider must not give directions under subsection (1) in relation to the money of a particular resident if the provider does not have the written consent of that resident to manage or control that money.\n\n(3) A provider must not give directions under subsection (1) in relation to the money of a particular resident requiring or allowing an employee to do anything that would, if done by the provider, contravene section 218 or 219.\n\n(4) An employee of a supported residential service must only handle or deal with money of a resident in accordance with directions given to the employee under subsection (1).\n\n(5) A provider must not give a direction to handle, deal with, manage or control money of a resident to a close associate of the provider other than an employee.\n\n(6) Subject to subsections (1) and (5), a close associate of a provider must not handle, deal with, manage or control money of a resident.\n\n","sortOrder":237},{"sectionNumber":"222","sectionType":"section","heading":"Provider or close associate not to be person nominated","content":"\t222 Provider or close associate not to be person nominated\n\n(1) A provider must not accept an appointment as a person nominated, resident's guardian or resident's administrator in respect of any resident of the supported residential service of which they are the provider.\n\n(2) A person must not accept an appointment as a person nominated, resident's guardian or resident's administrator in respect of any resident of the supported residential service of which the person is a close associate of the provider.\n\n(3) Subsections (1) and (2) do not apply—\n\n(a) if the provider or close associate of the provider is the resident's nearest relative; or\n\n(b) if a court or tribunal makes an order appointing the provider or close associate of the provider as a resident's administrator or a resident's guardian.\n\n","sortOrder":238},{"sectionNumber":"223","sectionType":"section","heading":"Provider to notify Regulator of offences","content":"\t223 Provider to notify Regulator of offences\n\n(1) If a provider becomes aware that a close associate of the provider has engaged in, or is engaging in, conduct that may constitute an offence against this Part, or an offence against the regulations that is prescribed for the purposes of this section, the provider must—\n\n(a) within 2 days after becoming aware of the conduct, notify the Regulator of the conduct; and\n\n(b) provide information about the identity of the relevant close associate.\n\n***engage in conduct*** means—\n\n(a) to do an act; or\n\n(b) to omit to do an act.\n\nDivision 4—Residential and services agreements\n\n","sortOrder":239},{"sectionNumber":"224","sectionType":"section","heading":"Preparation and copies of residential and services agreements","content":"\t224 Preparation and copies of residential and services agreements\n\n(1) Within 48 hours of a resident's admission to the supported residential service, the provider must cause to be prepared in consultation with the resident and the person nominated (if any) a written agreement in an appropriate language containing the prescribed information of the nature of services to be provided to that resident in the supported residential service.\n\n(2) Within 48 hours of a resident's admission to a supported residential service, the provider must provide the resident with a copy of the residential and services agreement in relation to that resident.\n\n","sortOrder":240},{"sectionNumber":"225","sectionType":"section","heading":"Changes to residential and services agreements","content":"\t225 Changes to residential and services agreements\n\n(1) Subject to subsections (2) and (3), if a provider proposes to change a term of a residential and services agreement in relation to a resident, the provider must notify the resident of the proposed change at least 7 days before the proposed change is to take effect.\n\n(2) If a residential and services agreement provides that any changes to that agreement are to be notified to the resident in writing, the provider must ensure that a written notice is provided to the resident and the person nominated (if any).\n\nPenalty: 100 penalty units, in the case of a body corporate.\n\n(3) If a change to a residential and services agreement includes an increase in the fees that a resident is required to pay, the provider must give the resident at least 28 days notice of that change.\n\n","sortOrder":241},{"sectionNumber":"226","sectionType":"section","heading":"Residential and services agreement not to be inconsistent with Act","content":"\t226 Residential and services agreement not to be inconsistent with Act\n\nThe provider must ensure that a residential and services agreement does not include any information or matters that are inconsistent with a right or entitlement conferred, or an obligation imposed, on a resident by this Act, the regulations or the **Supported Residential Services (Community Visitors) Act 2010**.\n\n","sortOrder":242},{"sectionNumber":"227","sectionType":"section","heading":"Residential and services agreement to be signed by resident etc.","content":"\t227 Residential and services agreement to be signed by resident etc.\n\n(1) A provider must provide the residential and services agreement in relation to a resident to that resident or the person nominated (if any) for signature by the resident.\n\n(2) A residential and services agreement that a resident has signed must be returned to the provider as soon as practicable after it is received and signed.\n\n","sortOrder":243},{"sectionNumber":"228","sectionType":"section","heading":"Termination by agreement","content":"\t228 Termination by agreement\n\nA residential and services agreement terminates when agreed by the provider and the resident.\n\n","sortOrder":244},{"sectionNumber":"229","sectionType":"section","heading":"Termination after order to vacate is made","content":"\t229 Termination after order to vacate is made\n\n(1) If a notice to vacate has been given by a provider, the residential and services agreement ends on the termination date specified in the order to vacate (if any) made by VCAT.\n\n(2) If a notice of intention to vacate has been given by a resident, the residential and services agreement ends on the termination date specified in the notice of intention to vacate.\n\n","sortOrder":245},{"sectionNumber":"230","sectionType":"section","heading":"Termination on death or abandonment","content":"\t230 Termination on death or abandonment\n\n(1) A residential and services agreement in respect of a resident ends on the death of that resident.\n\n(2) A residential and services agreement ends if the resident abandons their room.\n\n(3) For the purposes of subsection (2), a resident abandons their room if the resident leaves it without any intention of returning and—\n\n(a) without first giving notice of intention to vacate to the provider; or\n\n(b) without first obtaining the agreement of the provider.\n\n(4) For the purposes of subsection (3), a resident may be regarded as having no intention of returning if—\n\n(a) the resident has not occupied the supported residential service for a period of at least 14 days and has not paid any fees for that period; or\n\n(b) the resident has left the supported residential service and in all the circumstances it would be unreasonable to expect him or her to return.\n\n","sortOrder":246},{"sectionNumber":"231","sectionType":"section","heading":"Termination on moving out","content":"\t231 Termination on moving out\n\nA residential and services agreement ends if a resident moves out of the supported residential service, whether or not the resident has given notice of intention to vacate.\n\n","sortOrder":247},{"sectionNumber":"232","sectionType":"section","heading":"Termination with consent","content":"\t232 Termination with consent\n\nIf a resident vacates a supported residential service with the consent of the provider, the residential and services agreement ends immediately when that resident vacates the supported residential service.\n\nDivision 5—Health and support notifications\n\n","sortOrder":248},{"sectionNumber":"233","sectionType":"section","heading":"Provider must notify Regulator of appropriate health care requirements","content":"\t233 Provider must notify Regulator of appropriate health care requirements\n\n(1) If a provider is unsuccessful in securing the provision of appropriate health care for a resident after taking all reasonable steps to ensure that appropriate health care is provided to the resident, the provider must notify the Regulator without delay of the needs of the resident.\n\n(2) The Regulator must notify the Secretary of any notice the Regulator receives under subsection (1).\n\n","sortOrder":249},{"sectionNumber":"234","sectionType":"section","heading":"Provider must notify Regulator of personal support requirements","content":"\t234 Provider must notify Regulator of personal support requirements\n\n(1) If a provider is unsuccessful in securing the provision of appropriate personal support for a resident after taking all reasonable steps to ensure that the appropriate personal support is provided to the resident, the provider must notify the Regulator without delay of the needs of the resident.\n\n(2) The Regulator must notify the Secretary of any notice the Regulator receives under subsection (1).\n\n","sortOrder":250},{"sectionNumber":"235","sectionType":"section","heading":"Enquiries, assessment and further care","content":"\t235 Enquiries, assessment and further care\n\n(1) The Secretary must make enquiries and assess how a resident's needs may best be met if the Secretary—\n\n(a) receives a notification from the Regulator under section 233(2) or 234(2); or\n\n(b) receives a report from the Regulator or an authorised officer that a resident of a supported residential service appears to be in need of health care, personal support or other care that the supported residential service is unable to provide.\n\n(2) In exercising a function under subsection (1), the Secretary may request a report from a registered medical practitioner or other relevant health professional or care professional to inform the enquiry and assessment.\n\n(3) A registered medical practitioner or other health professional or care professional who has prepared a report on request from the Secretary under subsection (2) is authorised to disclose the resident's personal or medical information to the Secretary to the extent necessary to enable an assessment to be made.\n\n(4) If possible, the enquiry and assessment under this section must occur in consultation with the resident and the person nominated (if any).\n\n(5) Following an assessment under this section, if the Secretary considers that further care should be provided to the resident, the Secretary must take appropriate steps to refer the resident to appropriate health professionals or care professionals.\n\n(6) Without limiting subsection (5), steps taken by the Secretary may include arrangements to relocate the resident.\n\nDivision 6—Prohibited transactions and reportable transactions\n\n","sortOrder":251},{"sectionNumber":"236","sectionType":"section","heading":"Provider or close associate not to enter into prohibited transactions","content":"\t236 Provider or close associate not to enter into prohibited transactions\n\nA provider, or a close associate of a provider, must not enter into a prohibited transaction with a resident of the supported residential service.\n\n","sortOrder":252},{"sectionNumber":"237","sectionType":"section","heading":"Reportable transactions","content":"\t237 Reportable transactions\n\n(1) A provider must give notice to the Regulator in accordance with this section of any reportable transaction to which the provider is a party within the reporting period.\n\n(2) A close associate of a provider must give notice to the Regulator in accordance with this section of any reportable transaction to which the close associate is a party within the reporting period.\n\n(3) In this section—\n\n***reporting period*** means—\n\n(a) the period of 14 days after the entering into of a reportable transaction; or\n\n(b) if a different period is prescribed as the reporting period, that period.\n\n","sortOrder":253},{"sectionNumber":"238","sectionType":"section","heading":"Cooling off period","content":"\t238 Cooling off period\n\n(1) A resident may rescind a prohibited transaction in relation to real or personal property or a reportable transaction between the resident and the provider, or a close associate of the provider within the cooling off period.\n\n(2) During the cooling off period, a provider, or a close associate of the provider, as the case requires, who is a party to a transaction must not have any other dealings with the property to which the transaction relates.\n\n(3) This section applies despite anything to the contrary in any Act other than the **Charter of Human Rights and Responsibilities Act 2006**.\n\n***cooling off period***, in relation to a transaction, whether or not a prohibited transaction or reportable transaction, means the period ending 5 days after the day on which the transaction was entered into.\n\n","sortOrder":254},{"sectionNumber":"239","sectionType":"section","heading":"Remedies","content":"\t239 Remedies\n\n(1) This section applies to a resident—\n\n(a) who is a party to a prohibited transaction; or\n\n(b) whose real or personal property has been dealt with by a provider, or a close associate of a provider, in contravention of section 236.\n\n(2) A resident to whom this section applies may apply to a court of competent jurisdiction for a declaration that the transaction which the resident entered into with the provider or close associate of the provider (as the case requires) of the supported residential service is void.\n\n(3) If the transaction relates to real or personal property that is no longer in the possession of the provider or close associate of the provider (as the case requires), the resident may also apply to the court referred to in subsection (2) to recover the value of the property, less any consideration already received by the resident, as a debt from the provider or the close associate.\n\n(4) If the transaction relates to real or personal property that is still in the possession of the provider or close associate of the provider (as the case requires), the resident may also apply to the court referred to in subsection (2) for an order that the provider or close associate return the property to the resident.\n\n(5) The rights of a resident under this section are in addition to any other rights that the resident may have under any other Act, the common law or at equity.\n\nDivision 7—Fees, charges and security deposits\n\n","sortOrder":255},{"sectionNumber":"240","sectionType":"section","heading":"Offence to request certain payments","content":"\t240 Offence to request certain payments\n\n(1) A provider must not request a resident to pay any amount other than—\n\n(a) a security deposit; or\n\n(b) a fee paid in advance in accordance with this Act; or\n\n(c) a reservation fee; or\n\n(d) an establishment fee; or\n\n(e) a fee in respect of the resident's accommodation and personal support; or\n\n(f) an amount intended to cover an item or service purchased at the supported residential service.\n\n(2) A provider must not accept from a resident any amount other than—\n\n(a) a security deposit; or\n\n(b) a fee paid in advance in accordance with this Act; or\n\n(c) a reservation fee; or\n\n(d) an establishment fee; or\n\n(e) a fee in respect of the resident's accommodation and personal support; or\n\n(f) an amount intended to cover an item or service purchased at the supported residential service.\n\n","sortOrder":256},{"sectionNumber":"241","sectionType":"section","heading":"Offence to request or accept security deposit that exceeds a specified amount","content":"\t241 Offence to request or accept security deposit that exceeds a specified amount\n\n(1) A provider must not request a resident to pay a security deposit greater than—\n\n(2) A provider must not accept from a resident a security deposit greater than—\n\n","sortOrder":257},{"sectionNumber":"242","sectionType":"section","heading":"Offence to request or accept fees in advance that exceed a specified amount","content":"\t242 Offence to request or accept fees in advance that exceed a specified amount\n\n(1) A provider must not request a resident to pay a fee in advance greater than—\n\n(2) A provider must not, unless the resident requests in writing, accept in respect of a resident a fee in advance greater than—\n\n","sortOrder":258},{"sectionNumber":"243","sectionType":"section","heading":"Offence to request or accept reservation fee that exceeds a specified amount","content":"\t243 Offence to request or accept reservation fee that exceeds a specified amount\n\n(1) A provider must not request a resident to pay a reservation fee greater than—\n\n(2) A provider must not accept from a resident a reservation fee greater than—\n\n","sortOrder":259},{"sectionNumber":"244","sectionType":"section","heading":"Offence to request or accept establishment fees that exceed a specified amount","content":"\t244 Offence to request or accept establishment fees that exceed a specified amount\n\n(1) A provider must not request a resident to pay an establishment fee greater than—\n\n(2) A provider must not accept from a resident an establishment fee greater than—\n\n","sortOrder":260},{"sectionNumber":"245","sectionType":"section","heading":"Offence not to provide prescribed statement in respect of fees etc.","content":"\t245 Offence not to provide prescribed statement in respect of fees etc.\n\nWithin 7 days of receiving a security deposit, an establishment fee, a fee paid in advance or a reservation fee in respect of a resident, a provider must provide the resident and the person nominated (if any) with a statement containing the prescribed information.\n\n","sortOrder":261},{"sectionNumber":"246","sectionType":"section","heading":"Offence not to put money into trust account","content":"\t246 Offence not to put money into trust account\n\nWithin 7 days of receiving a security deposit, an establishment fee, a fee paid in advance in accordance with section 242(2) or a reservation fee in respect of a resident, a provider must place the security deposit, establishment fee, fee paid in advance or reservation fee into a trust account held at an ADI.\n\nThe **Interpretation of Legislation Act 1984** provides that an ***ADI*** means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth.\n\n","sortOrder":262},{"sectionNumber":"247","sectionType":"section","heading":"Records of money held in trust account","content":"\t247 Records of money held in trust account\n\nA provider who has placed a security deposit, an establishment fee, a fee paid in advance or a reservation fee in respect of a resident into a trust account must maintain separate records, in accordance with the regulations, in relation to the funds of each resident whose funds are held in that trust account.\n\n","sortOrder":263},{"sectionNumber":"248","sectionType":"section","heading":"Fees etc. to remain in trust until required","content":"\t248 Fees etc. to remain in trust until required\n\n(1) A provider who has placed a reservation fee, an establishment fee or a fee paid in advance into a trust account must not withdraw any amount from that account unless—\n\n(a) it is withdrawn for the purpose of returning the amount to the resident or the person who made the payment on behalf of the resident; or\n\n(b) the provider is entitled to retain the amounts or part of the amounts in accordance with this Act and the withdrawal occurs on or after the commencement of the period to which the payment of the amount relates.\n\n(2) A provider who has placed a security deposit into a trust account must not withdraw any amount of that security deposit from that account unless—\n\n(a) it is withdrawn for the purpose of returning the amount to the resident or the person who made the payment on behalf of the resident; or\n\n(b) the provider is entitled to retain the amount or part of the amount of the security deposit in accordance with section 249.\n\n","sortOrder":264},{"sectionNumber":"249","sectionType":"section","heading":"Retention of security deposit by provider","content":"\t249 Retention of security deposit by provider\n\n(1) A provider is only entitled to retain a security deposit if—\n\n(a) the resident has left the supported residential service and an amount of fees has accrued due and is unpaid; or\n\n(b) the provider reasonably believes that the provider is entitled to an amount of the security deposit as compensation for loss or damage suffered by the provider on account of—\n\n(i) damage caused to the supported residential service by the resident or the resident's visitor, other than fair wear and tear; or\n\n(ii) the loss of goods belonging to the provider, caused by the resident or the resident's visitor; or\n\n(c) the resident has consented to the provider retaining the amount after the provider has given the resident a statement setting out—\n\n(i) the deductions; and\n\n(ii) the purpose of the deductions; and\n\n(iii) the remaining balance of the security deposit.\n\n(2) Subsection (1) does not entitle a provider to retain any amount of a security deposit in excess of the actual loss or shortfall suffered by the provider.\n\n","sortOrder":265},{"sectionNumber":"250","sectionType":"section","heading":"Offence not to return security deposit within 14 days","content":"\t250 Offence not to return security deposit within 14 days\n\nA provider must return to a resident any part of the security deposit that the provider is not entitled to retain under section 249 within 14 days of the resident leaving the supported residential service.\n\n","sortOrder":266},{"sectionNumber":"251","sectionType":"section","heading":"Condition report","content":"\t251 Condition report\n\n(1) If a resident or a proposed resident pays a security deposit, the provider must give the resident or proposed resident 2 copies of a condition report signed by or on behalf of the provider specifying the state of repair and general condition of—\n\n(a) the resident's room; and\n\n(b) the common areas; and\n\n(c) the furniture in the resident's room and the common areas.\n\n(2) The provider must give the condition report as soon as practicable before a resident or a proposed resident begins living at the supported residential service.\n\n(3) Within 3 days after a resident's arrival at the supported residential service, the resident or person nominated must return one copy of the condition report to the provider—\n\n(a) signed by the resident; and\n\n(b) with an endorsement—\n\n(i) to the effect that the resident agrees with the whole of the report; or\n\n(ii) that identifies any matters in the report with which the resident does not agree.\n\n","sortOrder":267},{"sectionNumber":"252","sectionType":"section","heading":"Condition report is evidence of state of repair","content":"\t252 Condition report is evidence of state of repair\n\n(1) For the purposes of this Act, a statement in a condition report is conclusive evidence of the state of repair or general condition of the resident's room and the common areas and the furniture within those areas on the day specified in the condition report, if the report is—\n\n(a) signed by or on behalf of the provider; and\n\n(b) signed by the resident.\n\n(2) Subsection (1) does not apply to—\n\n(a) a state of repair or general condition that could not reasonably have been discovered on a reasonable inspection of the room; or\n\n(b) a statement with which the resident disagrees under an endorsement on the condition report.\n\n","sortOrder":268},{"sectionNumber":"253","sectionType":"section","heading":"Statement relating to use of reservation fees","content":"\t253 Statement relating to use of reservation fees\n\n(1) Before receiving a reservation fee in respect of a proposed resident, the provider must provide written information to the proposed resident or a person acting on behalf of the proposed resident stating—\n\n(a) how the amount to be received will be applied; and\n\n(b) the circumstances in which the payment or a part of it may be forfeited by the proposed resident.\n\n(2) The information provided under subsection (1) must not be inconsistent with this Act or the **Supported Residential Services (Community Visitors) Act 2010**.\n\n","sortOrder":269},{"sectionNumber":"254","sectionType":"section","heading":"Provider must explain fees and charges to resident","content":"\t254 Provider must explain fees and charges to resident\n\nA provider must ensure that all expenses and fees charged to a resident are individually itemised and explained to the resident.\n\n","sortOrder":270},{"sectionNumber":"255","sectionType":"section","heading":"Reservation fees must be applied or refunded","content":"\t255 Reservation fees must be applied or refunded\n\n(1) If a proposed resident is admitted to a supported residential service, the provider must deduct any reservation fee paid from the fees payable to the provider under the residential and services agreement.\n\n(2) If a proposed resident is not admitted to a supported residential service, the provider must refund any part of a reservation fee that has not been forfeited in accordance with the written statement provided under section 245 within 7 days of a request from—\n\n(a) the proposed resident; or\n\n(b) a person acting on behalf of the proposed resident.\n\n","sortOrder":271},{"sectionNumber":"256","sectionType":"section","heading":"Application to VCAT for refund of security deposit etc.","content":"\t256 Application to VCAT for refund of security deposit etc.\n\nA resident or a person acting on behalf of a resident may apply to VCAT for an order directing the provider to refund the security deposit, establishment fee, fee paid in advance or reservation fee to the resident if the provider does not refund a security deposit, an establishment fee, a fee paid in advance or a reservation fee in accordance with this Act.\n\n","sortOrder":272},{"sectionNumber":"257","sectionType":"section","heading":"VCAT orders","content":"\t257 VCAT orders\n\nOn an application under section 256, VCAT may—\n\n(a) make an order that the provider is entitled to retain the money or amount that is the subject of the application, including specifying the amount to which the provider is entitled; or\n\n(b) make an order that the provider is not entitled to retain the money or amount that is the subject of the application and must refund the money or amount, including specifying the amount which the provider is to refund; or\n\n(c) dismiss the application.\n\nDivision 8—Notices to vacate\n\nSubdivision 1—General\n\n\t258 Contents of notice to vacate\n\nA notice to vacate given by a provider must—\n\n(a) specify the date on which the resident is to leave the supported residential service; and\n\n(b) specify the ground on which the notice is given; and\n\n(c) be signed and dated by the provider or on behalf of the provider; and\n\n(d) state that the resident may appeal the notice to vacate to VCAT.\n\n","sortOrder":273},{"sectionNumber":"259","sectionType":"section","heading":"Giving of notice to vacate","content":"\t259 Giving of notice to vacate\n\n(1) A notice to vacate must be given to—\n\n(a) the resident; and\n\n(b) the person nominated (if any).\n\nS. 259(2) amended by No. 58/2025 s. 448(1).\n\n(2) In the case of a notice to vacate under section 261, 265, 266, 267 or 268, the provider must also notify the Regulator within the prescribed time of the notice to vacate being given.\n\nS. 259(3) inserted by No. 58/2025 s. 448(2).\n\n(3) The Regulator, within the prescribed time, must notify the Secretary of any notice the Regulator receives under subsection (2).\n\nSubdivision 2—Notice to vacate given by provider\n\n","sortOrder":274},{"sectionNumber":"260","sectionType":"section","heading":"Provider proposes to cease carrying on the supported residential service","content":"\t260 Provider proposes to cease carrying on the supported residential service\n\n(1) A provider may give a resident a notice to vacate the supported residential service if the provider proposes to cease conducting or carrying on business as a supported residential service at the premises.\n\n(2) A notice to vacate under subsection (1) must specify a termination date is not less than 28 days after the date on which the notice is given.\n\n","sortOrder":275},{"sectionNumber":"261","sectionType":"section","heading":"Resident endangers safety of other persons","content":"\t261 Resident endangers safety of other persons\n\n(1) A provider may give a resident a notice to vacate the supported residential service if the resident by act or omission causes danger to any other resident or staff member of the supported residential service.\n\n","sortOrder":276},{"sectionNumber":"262","sectionType":"section","heading":"Non-payment of fees","content":"\t262 Non-payment of fees\n\n(1) A provider may give a resident a notice to vacate the supported residential service if the resident's fees are more than 14 days in arrears.\n\n(2) A notice to vacate under subsection (1) must specify a termination date that is not less than 14 days after the date on which the notice is given.\n\n","sortOrder":277},{"sectionNumber":"263","sectionType":"section","heading":"Use of supported residential service for illegal purpose","content":"\t263 Use of supported residential service for illegal purpose\n\n(1) A provider may give a resident a notice to vacate the supported residential service if the resident has used the supported residential service or permitted its use for any purpose that is illegal at common law or under any Act.\n\n(2) A notice to vacate under subsection (1) must specify a termination date that is not less than 2 days after the date on which the notice is given.\n\n","sortOrder":278},{"sectionNumber":"264","sectionType":"section","heading":"Repairs or demolition","content":"\t264 Repairs or demolition\n\n(1) Subject to subsection (3), a provider may give a resident a notice to vacate the supported residential service if—\n\n(a) the provider intends to repair, renovate, reconstruct or demolish the supported residential service immediately after the termination date; and\n\n(b) the provider has obtained all the necessary permits and consents to carry out the work; and\n\n(c) the work cannot be properly carried out unless the resident vacates the supported residential service.\n\n(2) A notice to vacate under subsection (1) must specify a termination date that is not less than 60 days after the date on which the notice is given.\n\n(3) If the proposed repairs, renovations or reconstruction will affect a resident's room but will not affect all the rooms in the supported residential service, the provider must not give the notice to vacate under subsection (1) unless—\n\n(a) the provider has first offered another equivalent room to the resident; and\n\n(b) the resident has refused to occupy that room in place of the resident's current room.\n\n","sortOrder":279},{"sectionNumber":"265","sectionType":"section","heading":"Resident in need of more health care than available","content":"\t265 Resident in need of more health care than available\n\n(1) A provider may give a resident a notice to vacate the supported residential service if—\n\n(a) the resident is in need of more health care than can be arranged by the supported residential service; and\n\n(b) the provider has complied with the provider's obligations under section 233(1); and\n\n(c) the Secretary has completed the Secretary's enquiries and assessment under section 235.\n\n(2) A notice to vacate under subsection (1) must specify a termination date that is not less than 14 days after the date on which the notice is given.\n\n","sortOrder":280},{"sectionNumber":"266","sectionType":"section","heading":"Resident in need of more personal support than available","content":"\t266 Resident in need of more personal support than available\n\n(1) A provider may give a resident a notice to vacate the supported residential service if—\n\n(a) the resident is in need of more personal support than can be provided by the supported residential service; and\n\n(b) the provider has complied with the provider's obligations under section 234(1); and\n\n(c) the Secretary has completed the Secretary's enquiries and assessment under section 235.\n\n(2) A notice to vacate under subsection (1) must specify a termination date that is not less than 14 days after the date on which the notice is given.\n\n","sortOrder":281},{"sectionNumber":"267","sectionType":"section","heading":"Serious damage","content":"\t267 Serious damage\n\n(1) A provider may give a resident a notice to vacate the supported residential service if the resident intentionally or recklessly causes or allows serious damage to any part of the supported residential service.\n\n(3) For the purposes of subsection (1), a notice to vacate may be given if a series of acts of damage, which may not individually be serious damage, may amount to serious damage because of the frequency of the acts.\n\n","sortOrder":282},{"sectionNumber":"268","sectionType":"section","heading":"Serious interruption to quiet and peaceful enjoyment","content":"\t268 Serious interruption to quiet and peaceful enjoyment\n\n(1) A provider may give a resident a notice to vacate the supported residential service if the resident seriously interrupts the quiet and peaceful enjoyment of the supported residential service by other residents.\n\n(3) For the purposes of subsection (1), a notice to vacate may be given if a series of acts of interruption of the quiet and peaceful enjoyment of the supported residential service by other residents, which may not individually be a serious interruption, may amount to serious interruption because of the frequency of the acts.\n\n","sortOrder":283},{"sectionNumber":"269","sectionType":"section","heading":"Offence not to provide proper notice","content":"\t269 Offence not to provide proper notice\n\nA provider must not require a resident to vacate a supported residential service without providing appropriate notice to vacate in accordance with this Division.\n\nSubdivision 3—Notice by resident\n\n","sortOrder":284},{"sectionNumber":"270","sectionType":"section","heading":"Notice of resident's intention to vacate supported residential service","content":"\t270 Notice of resident's intention to vacate supported residential service\n\n(1) A resident who intends to vacate a supported residential service must give a notice of intention to vacate to the provider within the relevant time period under subsection (2).\n\n(2) The required period for a notice of intention to vacate is—\n\n(a) if the residential and services agreement specifies a notice period, not less than the notice period specified in that agreement; or\n\n(b) in any other case, not less than 2 days.\n\n(3) For the purposes of subsection (1), an intention to be temporarily absent from a supported residential service is not to be taken as an intention to vacate the supported residential service.\n\n(4) Nothing in this section affects a provider's right to issue a notice to vacate under sections 260 to 268.\n\n(5) Subsection (1) does not apply to a resident of a supported residential service whose occupation of the supported residential service is by an agreement for short-term accommodation only.\n\n(6) In this section—\n\n***short-term accommodation*** means accommodation for not more than 3 consecutive months in total.\n\n","sortOrder":285},{"sectionNumber":"271","sectionType":"section","heading":"Offence to require more than 28 days notice of intention to leave supported residential service","content":"\t271 Offence to require more than 28 days notice of intention to leave supported residential service\n\nA provider must not require a resident to give more than 28 days notice of a resident's intention to vacate the supported residential service.\n\nSubdivision 4—Enforcement\n\n","sortOrder":286},{"sectionNumber":"272","sectionType":"section","heading":"Resident may apply to VCAT","content":"\t272 Resident may apply to VCAT\n\n(1) A resident who has received a notice to vacate under Subdivision 2 may apply to VCAT challenging the validity of the notice to vacate on one or more of the following grounds—\n\n(a) that the notice to vacate has a defect on the face of it;\n\n(b) that the notice to vacate was not issued in accordance with this Part;\n\n(c) that the ground on which the notice to vacate was issued is not established.\n\n(2) Subject to subsection (3), an application under subsection (1) must be made within 28 days after the notice to vacate is received.\n\n(3) An application under subsection (1) in respect of a notice to vacate given under section 261, 267 or 268 must be made within 5 days after the notice to vacate is received.\n\n","sortOrder":287},{"sectionNumber":"273","sectionType":"section","heading":"What can VCAT order?","content":"\t273 What can VCAT order?\n\n(1) In considering an application under section 272, VCAT may—\n\n(a) determine whether or not the notice to vacate is valid; or\n\n(b) dismiss the application.\n\n(2) If VCAT determines that the notice to vacate is valid, VCAT—\n\n(a) must confirm the notice to vacate; and\n\n(b) may issue an order to vacate.\n\n(3) If VCAT determines that the notice to vacate is not valid, the notice to vacate ceases to have any effect.\n\n","sortOrder":288},{"sectionNumber":"274","sectionType":"section","heading":"Application by provider for order to vacate","content":"\t274 Application by provider for order to vacate\n\n(1) A provider may apply to VCAT for an order to vacate if—\n\n(a) the provider has given the resident a notice to vacate; and\n\n(b) the resident has not vacated the supported residential service.\n\n(2) A provider may apply to VCAT for an order to vacate if—\n\n(a) the resident has given the provider a notice of intention to vacate the supported residential service; and\n\n(b) the resident has not vacated the supported residential service.\n\n","sortOrder":289},{"sectionNumber":"275","sectionType":"section","heading":"Time for application for order to vacate","content":"\t275 Time for application for order to vacate\n\nAn application under section 274 for an order to vacate may be made not later than 28 days after the date on which the notice to vacate or the notice of intention to vacate is to take effect.\n\n","sortOrder":290},{"sectionNumber":"276","sectionType":"section","heading":"VCAT must make order to vacate in certain circumstances","content":"\t276 VCAT must make order to vacate in certain circumstances\n\n(1) VCAT must make an order requiring a resident to vacate a supported residential service on the day specified in the order to vacate if satisfied—\n\n(a) in the case of an application where notice to vacate has been given by the provider, that—\n\n(i) the provider was entitled to give the notice to vacate; and\n\n(ii) the notice to vacate has not been withdrawn; and\n\n(b) in the case of an application where a notice of intention to vacate has been given by a resident, that the provider acted reasonably by relying on the notice of intention to vacate; and\n\n(c) that the provider has complied with section 72 of the **Victorian Civil and Administrative Tribunal Act 1998**; and\n\n(d) that the resident is still residing at the supported residential service after the termination date specified in the notice to vacate or notice of intention to vacate, as the case requires.\n\n(2) If an application for an order to vacate is made under section 274(2)—\n\n(a) the application must be heard within 14 days after the application is made; and\n\n(b) any order to vacate must be made within 7 days of that hearing.\n\n","sortOrder":291},{"sectionNumber":"277","sectionType":"section","heading":"Application for order to vacate to be dismissed or adjourned in certain circumstances","content":"\t277 Application for order to vacate to be dismissed or adjourned in certain circumstances\n\n(1) VCAT may dismiss or adjourn an application for an order to vacate if—\n\n(a) the application is in respect of a notice to vacate given under section 262; and\n\n(b) VCAT considers that satisfactory arrangements have been or can be made to avoid financial loss to the provider.\n\n(2) An adjournment under subsection (1) may be on any terms VCAT thinks fit.\n\n(3) On the resumption of an adjourned hearing, VCAT—\n\n(a) may make an order to vacate if the resident has continued to accrue arrears of fees during the adjournment period; and\n\n(b) must dismiss the application if the resident—\n\n(i) has paid all the arrears which were the subject of the original application; and\n\n(ii) has accrued no further arrears of fees from the time of the application to the date of resumption of the adjourned hearing.\n\n","sortOrder":292},{"sectionNumber":"278","sectionType":"section","heading":"Order to vacate not to be made in certain circumstances","content":"\t278 Order to vacate not to be made in certain circumstances\n\nDespite section 276, VCAT must not make an order to vacate if—\n\n(a) the application for the order to vacate is in respect of a notice to vacate given under section 268; and\n\n(b) VCAT is satisfied that—\n\n(i) the interruption to quiet and peaceful enjoyment of the supported residential service has ceased; and\n\n(ii) the disturbance is not a recurrence and will not be repeated.\n\n","sortOrder":293},{"sectionNumber":"279","sectionType":"section","heading":"Contents of an order to vacate","content":"\t279 Contents of an order to vacate\n\nAn order to vacate must include—\n\n(a) the day by which the resident must vacate the supported residential service (being a day not more than 30 days after the day on which the order to vacate is made and not earlier than the date specified under section 258(a)); and\n\n(b) a direction to the resident to vacate the supported residential service by the day specified in the order to vacate; and\n\n(c) a direction to the principal registrar of VCAT to issue a warrant to remove the resident from the supported residential service on the application of the provider; and\n\n(d) a warning that, if the resident fails to comply with the direction under paragraph (b), the resident may be forcibly removed from the supported residential service by—\n\n(i) a police officer; or\n\n(ii) an authorised person executing a warrant.\n\n","sortOrder":294},{"sectionNumber":"280","sectionType":"section","heading":"Issue of warrant to remove resident","content":"\t280 Issue of warrant to remove resident\n\n(1) A person who obtains an order to vacate may apply to the principal registrar of VCAT for a warrant to remove the resident—\n\n(a) immediately, if the order to vacate so provides; or\n\n(b) within 6 months after the date of the order to vacate if the resident fails to comply with the order to vacate.\n\n(2) A warrant must be executed within the time stated in the order to vacate, which must not exceed 30 days after the date of issue of the warrant.\n\n","sortOrder":295},{"sectionNumber":"281","sectionType":"section","heading":"Warrant to remove resident","content":"\t281 Warrant to remove resident\n\n(1) A warrant to remove a resident under section 280 must—\n\n(a) be directed to a person or class of person authorised by the Minister or to a police officer; and\n\n(b) give brief details of the order to vacate; and\n\n(c) be signed by the principal registrar of VCAT.\n\n(2) The warrant to remove a resident authorises the person to whom it is directed—\n\n(a) to enter the supported residential services, including the resident's room, by force if necessary; and\n\n(b) with such assistance as is necessary, to compel the resident to vacate the supported residential services.\n\n(3) Entry under a warrant to remove a resident must not be made—\n\n(a) between the hours of 6 p.m. and 8 a.m.; or\n\n(b) on a Sunday or public holiday.\n\n","sortOrder":296},{"sectionNumber":"282","sectionType":"section","heading":"Lapsing of order to vacate and lapsing or cancellation of warrant to remove resident","content":"\t282 Lapsing of order to vacate and lapsing or cancellation of warrant to remove resident\n\n(1) An order to vacate is discharged if the applicant for the order does not apply for the issue of a warrant to remove the resident under section 280 within 6 months after the date of the order to vacate.\n\n(2) A warrant to remove a resident lapses if the warrant is not executed within the time stated in the order to vacate.\n\n(3) VCAT may, at any time, cancel a warrant to remove a resident.\n\n","sortOrder":297},{"sectionNumber":"283","sectionType":"section","heading":"Execution of warrant","content":"\t283 Execution of warrant\n\nAs soon as practicable, but not later than 60 days after a warrant to remove a resident under section 280 is issued, the person to whom the warrant is addressed must—\n\n(a) return the warrant to the principal registrar of VCAT; and\n\n(b) specify in writing whether or not the warrant has been executed.\n\n","sortOrder":298},{"sectionNumber":"Part 10","sectionType":"part","heading":"General provisions","content":"Part 10—General provisions\n\n","sortOrder":299},{"sectionNumber":"284","sectionType":"section","heading":"Definition","content":"\t284 Definition\n\n***Court*** means the Supreme Court, the County Court or the Magistrates' Court.\n\nDivision 2—Annual report of operations\n\n","sortOrder":300},{"sectionNumber":"285","sectionType":"section","heading":"Additional information for annual report of operations","content":"\t285 Additional information for annual report of operations\n\nThe Regulator must include in its report of operations for a financial year under Part 7 of the **Financial Management Act 1994** any prescribed information.\n\nDivision 3—Review\n\nPt 10 Div. 3 Subdiv. 1 (Heading) amended by No. 58/2025 s. 143.\n\n","sortOrder":301},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Internal review of provider decisions","content":"Subdivision 1—Internal review of provider decisions\n\nS. 286 (Heading) amended by No. 58/2025 s. 144.\n\n","sortOrder":302},{"sectionNumber":"286","sectionType":"section","heading":"Reviewable decisions—internal review of provider decision","content":"\t286 Reviewable decisions—internal review of provider decision\n\n(1) A registered social service provider may apply to the Regulator for internal review of—\n\n(a) a decision by an authorised officer under section 138(1) to issue an improvement notice to the provider; or\n\n(b) a decision by an authorised officer under section 140(1) to amend an improvement notice issued to the provider; or\n\n(c) a decision by an authorised officer under section 143 to issue a prohibition notice issued to the provider; or\n\n(d) a decision by an authorised officer under section 146 to amend a prohibition notice issued to the provider.\n\n(2) An application under subsection (1) must be made in the manner and form approved by the Regulator.\n\n(3) The application must be made within—\n\n(a) 10 business days after the day on which the improvement notice or prohibition notice, or amended improvement notice or prohibition notice, was issued to the provider; or\n\n(b) any longer period that the Regulator allows.\n\nS. 287 (Heading) amended by No. 58/2025 s. 145.\n\n","sortOrder":303},{"sectionNumber":"287","sectionType":"section","heading":"Regulator may stay operation of provider decision subject to application for internal review","content":"\t287 Regulator may stay operation of provider decision subject to application for internal review\n\n(1) The Regulator, while the determination of an application under section 286 is pending, may—\n\n(a) stay the operation of the decision to issue or amend the improvement notice or prohibition notice (as the case requires); or\n\n(b) defer taking any action to implement that decision.\n\n(2) If the Regulator stays the operation of a decision under subsection (1)(a), the Regulator may attach any conditions to the stay that the Regulator considers appropriate.\n\nS. 288 (Heading) amended by No. 58/2025 s. 146.\n\n","sortOrder":304},{"sectionNumber":"288","sectionType":"section","heading":"Outcome of internal review of provider decision","content":"\t288 Outcome of internal review of provider decision\n\n(1) On receiving an application under section 286, the Regulator may—\n\n(a) affirm the decision to issue or amend the improvement notice or prohibition notice (as the case requires); or\n\n(b) amend or revoke the improvement notice or prohibition notice; or\n\n(c) make recommendations to the authorised officer who made the decision to issue or amend the improvement notice or prohibition notice.\n\n(2) An authorised officer to whom recommendations are made under subsection (1)(c), having regard to those recommendations, may—\n\n(a) affirm the decision to issue or amend the improvement notice or prohibition notice; or\n\n(b) amend or revoke the improvement notice or prohibition notice.\n\nS. 289 (Heading) amended by No. 58/2025 s. 147.\n\n","sortOrder":305},{"sectionNumber":"289","sectionType":"section","heading":"Notice of outcome of internal review of provider decision","content":"\t289 Notice of outcome of internal review of provider decision\n\n(1) The Regulator must give the applicant a written notice setting out the decision of the Regulator under section 288(1) and the reasons for the decision within 10 business days after the application is made, unless that time period is earlier extended by the Regulator.\n\n(2) An authorised officer who makes a decision under section 288(2) must give the applicant a written notice setting out the decision and the reasons for that decision within 10 business days after receiving the Regulator's recommendations under section 288(1)(c), unless that time period is earlier extended by the Regulator.\n\n(3) If the Regulator extends the time period for giving a written notice under subsection (1) or (2), the Regulator must notify the applicant in writing and specify the extended period and the reasons for the extension.\n\n(4) If the Regulator or an authorised officer  does not give a notice to the applicant in accordance with this section, the Regulator or authorised officer is taken to have affirmed the decision that is subject to internal review.\n\n\tSubdivision 2—VCAT review\n\n","sortOrder":306},{"sectionNumber":"290","sectionType":"section","heading":"Reviewable decisions—VCAT","content":"\t290 Reviewable decisions—VCAT\n\nThe following table sets out—\n\n(a) decisions made under this Act or the regulations that are reviewable by VCAT (***reviewable decisions***); and\n\n(b) the person who is eligible to apply for review of a reviewable decision (the ***eligible person*** in relation to the reviewable decision).\n\n**Table**\n\n| *Column 1      Item* | *Column 2    Provision under which reviewable decision is made* | *Column 3    Eligible person in relation to reviewable decision* |\n| --- | --- | --- |\n| 1 | Section 23 (refusal to grant registration) | The applicant |\n| 2 | Section 26(1) (imposition or variation of condition on registration) | The registered social service provider |\n| 3 | Section 28(1) (refusal to vary or revoke condition of registration) | The registered social service provider |\n| 4 | Section 34(1) (cancellation of registration) | The social service provider |\n| 5 | Section 70(1) or (2) (issue of interim exclusion) | The WCES worker or carer |\n| 6 | Section 79(1) (exclusion determination) | The person who is the subject of the matter |\n| 7 | Section 88 (refusal to remove information relating to a person from the WCES database) | The applicant |\n| 8 | Section 131(1) (forfeiture of seized document or thing) | The owner |\n| 9 | Section 137(1) (issue of improvement notice) | The registered social service provider |\n| 10 | Section 140(1) (amendment of improvement notice) | The registered social service provider |\n| 11 | Section 143 (issue of prohibition notice) | The registered social service provider |\n| 12 | Section 146 (amendment of prohibition notice) | The registered social service provider |\n| 13 | Section 167(1) (issue of suspension of intake notice) | The registered social service provider |\n| 14 | Section 169(1) (variation of condition of registration) | The registered social service provider |\n| 15 | Section 170(1) (suspension of registration) | The registered social service provider |\n| 16 | Section 171(2) (variation or revocation of suspension of registration) | The registered social service provider |\n| 17 | Section 172(1) (revocation of registration) | The social service provider |\n| 18 | Section 173(1) (appointment of administrator) | The social service provider |\n| 19 | Section 174(2) (extension of period of appointment of administrator) | The social service provider |\n| 20 | Section 177 (determination of amount of costs incurred in connection with administrator) | The social service provider |\n| 21 | Section 324(1) (variation or revocation of registration) | The body taken to be granted a registration under section 322 |\n| 22 | Section 336(1) (imposition or variation of condition on registration) | The person taken to be granted a registration because of section 333 or 334 |\n| 23 | Section 342(1) (imposition or variation of condition on registration) | The person taken to be granted a registration because of section 341 |\n| 24 | Prescribed provision | Prescribed eligible person |\n\n","sortOrder":307},{"sectionNumber":"291","sectionType":"section","heading":"Application to VCAT for review","content":"\t291 Application to VCAT for review\n\n(1) An eligible person may apply to VCAT for review of a reviewable decision.\n\n(2) An application under subsection (1) must be made within 28 days after the later of—\n\n(a) the day on which the reviewable decision is made; or\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the reviewable decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nPt 10 Div. 3A (Heading and ss 291A–291E) inserted by No. 58/2025 s. 148.\n\n","sortOrder":308},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Independent expert advisory panels","content":"Division 3A—Independent expert advisory panels\n\nS. 291A inserted by No. 58/2025 s. 148.\n\n","sortOrder":309},{"sectionNumber":"291A","sectionType":"section","heading":"Definitions","content":"\t291A Definitions\n\nIn this Division—\n\n***Convener*** means the Convener appointed under section 291B(1)(a);\n\n***Deputy Convener*** means a Deputy Convener appointed under section 291B(1)(b);\n\n***independent expert advisory panel*** means an independent expert advisory panel convened under section 291D;\n\n***panel candidate*** means a person appointed as a panel candidate under section 291C.\n\nS. 291B inserted by No. 58/2025 s. 148.\n\n","sortOrder":310},{"sectionNumber":"291B","sectionType":"section","heading":"Convener and Deputy Conveners","content":"\t291B Convener and Deputy Conveners\n\n(1) The Minister, for the purposes of this Division—\n\n(a) must appoint a person to act as the Convener; and\n\n(b) may appoint one or more persons to act as Deputy Conveners.\n\n(2) The Minister must not appoint a person to act as the Convener or a Deputy Convener unless the Minister is satisfied that the person is suitably qualified or trained to perform the functions and exercise the powers of the Convener or Deputy Convener under this Act or any other Act.\n\n(3) An appointment under subsection (1)—\n\n(a) must be made in accordance with the regulations; and\n\n(b) is subject to any prescribed terms or conditions.\n\nS. 291C inserted by No. 58/2025 s. 148.\n\n","sortOrder":311},{"sectionNumber":"291C","sectionType":"section","heading":"Panel candidates","content":"\t291C Panel candidates\n\n(1) The Minister must appoint one or more persons to be panel candidates for the purposes of this Division.\n\n(2) The Minister must not appoint a person as a panel candidate unless the person has qualifications or experience in forensic risk assessment, child development, law, social work, disability, psychology or any other discipline that is considered likely to be relevant to the functions of an independent expert advisory panel.\n\n(3) A panel candidate—\n\n(a) may at any time resign as a panel candidate by writing to the Minister; and\n\n(b) may at any time be removed as a panel candidate by the Minister.\n\n(4) An appointment under subsection (1)—\n\n(a) must be made in accordance with the regulations; and\n\n(b) is subject to any prescribed terms or conditions.\n\nS. 291D inserted by No. 58/2025 s. 148.\n\n","sortOrder":312},{"sectionNumber":"291D","sectionType":"section","heading":"Independent expert advisory panel to be convened on request of Regulator","content":"\t291D Independent expert advisory panel to be convened on request of Regulator\n\n(1) On receipt of a request for advice on the internal review of a worker decision, the Convener must, as soon as practicable, convene an independent expert advisory panel of one or more panel candidates to consider that request for advice.\n\n(2) The Convener may consult with the Regulator on any matter relating to the general convening or operation of independent expert advisory panels.\n\n(3) In this section—\n\n***request for advice* *on the internal review of a worker decision*** means a request by the Regulator for advice under section 92E of the **Worker Screening Act 2020**.\n\nS. 291E inserted by No. 58/2025 s. 148.\n\n","sortOrder":313},{"sectionNumber":"291E","sectionType":"section","heading":"Function of independent expert advisory panel","content":"\t291E Function of independent expert advisory panel\n\n(1) The function of a Panel convened under section 291D is to consider a request for advice from the Regulator under section 92E of the **Worker Screening Act 2020**.\n\n(2) In carrying out this function, an independent expert advisory panel may consider any document or information provided to the panel by the Regulator for the purposes of this Division.\n\nDivision 4—Liability for offences\n\n","sortOrder":314},{"sectionNumber":"292","sectionType":"section","heading":"Conduct of employee, agent or officer taken to be conduct of body corporate","content":"\t292 Conduct of employee, agent or officer taken to be conduct of body corporate\n\n(1) For the purposes of this Act, any conduct engaged in on behalf of a body corporate by an employee, agent or officer of the body corporate is also taken to be conduct engaged in by the body corporate if the employee, agent or officer is acting within the actual or apparent scope of the employee's, agent's or officer's employment or authority.\n\n***body corporate*** has the same meaning as corporation has in section 57A of the Corporations Act;\n\n***officer*** in relation to a body corporate means—\n\n(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or\n\n(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.\n\n","sortOrder":315},{"sectionNumber":"293","sectionType":"section","heading":"Criminal liability of officers of bodies corporate—accessorial liability","content":"\t293 Criminal liability of officers of bodies corporate—accessorial liability\n\n(1) If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer—\n\n(a) authorised or permitted the commission of the offence by the body corporate; or\n\n(b) was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the body corporate.\n\n(2) For the purposes of subsection (1), the following provisions are specified—\n\n(a) section 46(1);\n\n(b) section 47(1);\n\n(c) section 48(1);\n\n(d) section 77;\n\n(e) section 92;\n\n(f) section 93(1) and (2);\n\n(g) section 95(1);\n\n(h) section 97(1);\n\n(i) section 109(7);\n\n(j) section 111(1);\n\n(k) section 122(2);\n\n(l) section 133(1);\n\n(m) section 134(1);\n\n(n) section 135(1) and (3);\n\n(o) section 136(1) and (2);\n\n(p) section 148(1);\n\n(q) section 149;\n\n(r) section 178;\n\n(s) section 179;\n\n(t) section 180(1);\n\n(u) section 181(1), (2), (3) and (4);\n\n(v) section 182(1);\n\n(w) section 183;\n\n(x) section 184;\n\n(y) section 211;\n\n(z) section 216(1) and (2);\n\n(za) section 217(1), (2) and (3);\n\n(zb) section 218;\n\n(zc) section 219;\n\n(zd) section 220(1) and (2);\n\n(ze) section 221(1), (2), (3), (4), (5) and (6);\n\n(zf) section 222(1) and (2);\n\n(zg) section 223(1);\n\n(zh) section 224(1) and (2);\n\n(zi) section 225(1), (2) and (3);\n\n(zj) section 226;\n\n(zk) section 233(1);\n\n(zl) section 234(1);\n\n(zm) section 236;\n\n(zn) section 237(1) and (2);\n\n(zo) section 238(2);\n\n(zp) section 240(1) and (2);\n\n(zq) section 241(1) and (2);\n\n(zr) section 242(1) and (2);\n\n(zs) section 243(1) and (2);\n\n(zt) section 244(1) and (2);\n\n(zu) section 245;\n\n(zv) section 246;\n\n(zw) section 247;\n\n(zx) section 248(1) and (2);\n\n(zy) section 250;\n\n(zz) section 251(1) and (2);\n\n(zza) section 253(1);\n\n(zzb) section 254;\n\n(zzc) section 255(1) and (2);\n\n(zzd) section 269;\n\n(zze) section 271;\n\n(zzf) a prescribed offence.\n\n(3) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.\n\n(4) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.\n\n(5) In this section—\n\n***body corporate*** has the same meaning as corporation has in section 57A of the Corporations Act;\n\n***officer*** in relation to a body corporate means—\n\n(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or\n\n(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.\n\n(6) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the **Crimes Act 1958**.\n\n","sortOrder":316},{"sectionNumber":"294","sectionType":"section","heading":"Offences by unincorporated bodies, partnerships etc.","content":"\t294 Offences by unincorporated bodies, partnerships etc.\n\n(1) For the purposes of a provision specified in subsection (2), a reference to a ***person*** who may be guilty of an offence against the provision includes an unincorporated body or association and a partnership and is to be taken to be—\n\n(a) in the case of an unincorporated body or association—a reference to each member of the committee of management of the body or association who knew of, or knowingly authorised or permitted, the commission of the offence; and\n\n(b) in the case of a partnership—a reference to each member of the partnership who knew of, or knowingly authorised or permitted, the commission of the offence.\n\n(2) For the purposes of subsection (1), the following provisions are specified—\n\n(a) section 46(1);\n\n(b) section 47(1);\n\n(c) section 48(1);\n\n(d) section 77;\n\n(e) section 92;\n\n(f) section 93(1) and (2);\n\n(g) section 95(1);\n\n(h) section 97(1);\n\n(i) section 109(7);\n\n(j) section 111(1);\n\n(k) section 122(2);\n\n(l) section 133(1);\n\n(m) section 134(1);\n\n(n) section 135(1) and (3);\n\n(o) section 136(1) and (2);\n\n(p) section 148(1);\n\n(q) section 149;\n\n(r) section 178;\n\n(s) section 179;\n\n(t) section 180(1);\n\n(u) section 181(1), (2), (3) and (4);\n\n(v) section 182(1);\n\n(w) section 183;\n\n(x) section 184;\n\n(y) section 211;\n\n(z) section 216(1) and (2);\n\n(za) section 217(1), (2) and (3);\n\n(zb) section 218;\n\n(zc) section 219;\n\n(zd) section 220(1) and (2);\n\n(ze) section 221(1), (2), (3), (4), (5) and (6);\n\n(zf) section 222(1) and (2);\n\n(zg) section 223(1);\n\n(zh) section 224(1) and (2);\n\n(zi) section 225(1), (2) and (3);\n\n(zj) section 226;\n\n(zk) section 233(1);\n\n(zl) section 234(1);\n\n(zm) section 236;\n\n(zn) section 237(1) and (2);\n\n(zo) section 238(2);\n\nS. 294(2)(zp) amended by No. 9/2023 s. 244(a).\n\n(zp) section 240(1) and (2);\n\n(zq) section 241(1) and (2);\n\n(zr) section 242(1) and (2);\n\n(zs) section 243(1) and (2);\n\n(zt) section 244(1) and (2);\n\n(zu) section 245;\n\n(zv) section 246;\n\n(zw) section 247;\n\n(zx) section 248(1) and (2);\n\nS. 294(2)(zy) amended by No. 9/2023 s. 244(b).\n\n(zy) section 250;\n\nS. 294(2)(zz) amended by No. 9/2023 s. 244(c).\n\n(zz) section 251(1) and (2);\n\n(zza) section 253(1);\n\n(zzb) section 254;\n\n(zzc) section 255(1) and (2);\n\n(zzd) section 269;\n\n(zze) section 271;\n\n(zzf) a prescribed offence.\n\n(3) If, in a proceeding for an offence against a provision specified in subsection (2), it is necessary to establish the state of mind of an unincorporated body or association or a partnership in relation to particular conduct, it is sufficient to show that—\n\n(a) the conduct was engaged in by an employee or agent of the unincorporated body or association or the partnership within the scope of the employee's or agent's actual or apparent authority; and\n\n(b) the employee or agent had that state of mind.\n\nDivision 5—Proceedings and legal matters\n\nSubdivision 1—Criminal proceedings\n\n\t295 Who may commence proceedings for an offence?\n\n(1) A proceeding for an offence against this Act or the regulations may be commenced by—\n\n(a) the Regulator; or\n\nS. 295(1)(ab) inserted by No. 58/2025 s. 16.\n\n(ab) an Associate Regulator; or\n\n(b) an authorised officer; or\n\n(c) a police officer.\n\n(2) In a proceeding for an offence against this Act or the regulations, it must be presumed, in the absence of evidence to the contrary, that the person commencing the proceeding was authorised to commence the proceeding.\n\n","sortOrder":317},{"sectionNumber":"296","sectionType":"section","heading":"Time for commencing proceedings","content":"\t296 Time for commencing proceedings\n\n(1) Despite section 7 of the **Criminal Procedure Act 2009**, a proceeding for a summary offence against this Act or the regulations may be commenced at any time within 3 years after the commission of the alleged offence.\n\n(2) A proceeding for an offence against section 46—\n\n(a) may be commenced at any time; and\n\n(b) may be heard and determined summarily even though the proceeding may have been commenced more than 3 years after the commission of the alleged offence.\n\nSubdivision 2—Civil penalties\n\n","sortOrder":318},{"sectionNumber":"297","sectionType":"section","heading":"Civil penalty provision","content":"\t297 Civil penalty provision\n\n(1) A provision of this Act that is set out in the table in subsection (2) is a civil penalty provision.\n\n(2) The Regulator may apply to a Court for a civil penalty order in relation to a contravention of a civil penalty provision set out in column 2 of an item in this table.\n\n**Table**\n\n| *Column 1        Item* | *Column 2        Civil penalty provision* | *Column 3    Maximum penalty for contravention by an individual* | *Column 4    Maximum penalty for contravention by a body corporate* |\n| --- | --- | --- | --- |\n| 1 | Section 45(1) (Failure to comply with Social Services Standards) | 600 penalty units | 3000 penalty units |\n| 2 | Section 46(1) (Aggravated contravention of duty to comply with Social Services Standards) | 1200 penalty units | 6000 penalty units |\n| 3 | Section 111(1) (Providing false or misleading information) | 60 penalty units | 300 penalty units |\n| 4 | Section 122(2) (Failure to comply with direction of authorised officer who enters premises) | 30 penalty units | 120 penalty units |\n| 5 | Section 133(1) (Hindering or obstructing authorised officer or assistant) | 60 penalty units | 300 penalty units |\n| 6 | Section 135(1) (Providing a social service without registration) | 240 penalty units | 1200 penalty units |\n| 7 | Section 136(1) (Failure to comply with conditions of registration) | 240 penalty units | 1200 penalty units |\n| 8 | Section 148(1) (Failure to comply with improvement or prohibition notice) | 240 penalty units | 1200 penalty units |\n| 9 | Section 178 (Removal of equipment or other property without consent of administrator) | 60 penalty units | 300 penalty units |\n| 10 | Section 179 (Hindering or obstructing administrator) | 60 penalty units | 300 penalty units |\n| 11 | Section 180(1) (Disposal of interest without consent of administrator) | 60 penalty units | 300 penalty units |\n| 12 | Section 181(1) (Entering into contract without consent of administrator) | 60 penalty units | 300 penalty units |\n| 13 | Section 181(2) (Terminating contract without consent of administrator) | 60 penalty units | 300 penalty units |\n| 14 | Section 181(3) (Varying contract without consent of administrator) | 60 penalty units | 300 penalty units |\n| 15 | Section 181(4) (Exercising any other right under a contract without consent of administrator) | 60 penalty units | 300 penalty units |\n| 16 | Section 182(1) (Issuing notice to vacate to a resident without consent of administrator) | 60 penalty units | 300 penalty units |\n| 17 | Section 183 (Undertaking duty or function of administrator without consent of administrator) | 60 penalty units | 300 penalty units |\n| 18 | Section 184 (Doing prescribed action during administration period) | 60 penalty units | 300 penalty units |\n| 19 | Prescribed provision | Prescribed penalty unit | Prescribed penalty unit |\n\n","sortOrder":319},{"sectionNumber":"298","sectionType":"section","heading":"Civil penalty orders","content":"\t298 Civil penalty orders\n\n(1) The Court may make one or more of the following orders in relation to a person who has contravened a civil penalty provision—\n\n(a) an order that the person pay a pecuniary penalty of not more than the maximum penalty referred to in column 3 or 4 of the item in the table in section 297 in respect of the civil penalty provision;\n\n(b) any other order that the Court considers appropriate.\n\n(2) For the purposes of determining the amount of a civil penalty order, the Court may  have regard to any relevant matter including—\n\n(a) the nature and extent of the contravention; and\n\n(b) the nature and extent of any loss or damage suffered as a result of the contravention; and\n\n(c) the circumstances in which the contravention took place; and\n\n(d) the financial circumstances of the person who contravened the civil penalty provision.\n\n(3) Nothing in this section is to be construed as limiting any other power of the Court.\n\n(4) Proceedings under this section are civil proceedings for all purposes.\n\n","sortOrder":320},{"sectionNumber":"299","sectionType":"section","heading":"Civil proceedings after criminal proceedings","content":"\t299 Civil proceedings after criminal proceedings\n\nThe Court must not make a civil penalty order against a person if the person who contravened a civil penalty provision has been convicted of an offence constituted by the conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.\n\n","sortOrder":321},{"sectionNumber":"300","sectionType":"section","heading":"Criminal proceeding during proceeding for a civil penalty order","content":"\t300 Criminal proceeding during proceeding for a civil penalty order\n\n(1) Proceedings for a civil penalty order against a person for the contravention of a civil penalty provision are stayed if—\n\n(a) criminal proceedings are commenced or have already been commenced against the person for an offence; and\n\n(b) that offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.\n\n(2) If a person referred to in subsection (1)—\n\n(a) is not convicted of the offence—the proceedings for the civil penalty order may be resumed; or\n\n(b) is convicted of the offence—the proceedings for the civil penalty order are dismissed.\n\n","sortOrder":322},{"sectionNumber":"301","sectionType":"section","heading":"Criminal proceeding commenced after proceeding for civil penalty order","content":"\t301 Criminal proceeding commenced after proceeding for civil penalty order\n\n(1) Subject to subsection (2), criminal proceedings may be commenced against a person for conduct that is substantially the same as conduct constituting the contravention of a civil penalty provision, regardless of whether a civil penalty order has been made against the person.\n\n(2) Criminal proceedings that relate to a charge for an offence against section 46 may not be commenced against a person if proceedings for a civil penalty order have at any time commenced against that person in relation to conduct that is the same, or substantially the same, as the conduct alleged to constitute the offence against section 46.\n\n","sortOrder":323},{"sectionNumber":"302","sectionType":"section","heading":"Evidence given or produced during proceeding for civil penalty order","content":"\t302 Evidence given or produced during proceeding for civil penalty order\n\n(1) Evidence of information given or evidence of documents produced by a person is not admissible in criminal proceedings against the person if—\n\n(a) the person previously gave the evidence or produced the documents in proceedings for a civil penalty order against the person for a contravention of a civil penalty provision (whether or not the order was made); and\n\n(b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.\n\n(2) Subsection (1) does not apply to criminal proceedings in respect of the falsity of the evidence given by the person in the proceedings for the civil penalty order.\n\n","sortOrder":324},{"sectionNumber":"303","sectionType":"section","heading":"Jurisdictional limit of Magistrates' Court does not apply to civil penalty order","content":"\t303 Jurisdictional limit of Magistrates' Court does not apply to civil penalty order\n\nThe jurisdictional limit for a civil proceeding specified under section 100(1) of the **Magistrates' Court Act 1989** does not apply to a proceeding for a civil penalty order against a person for the contravention of a civil penalty provision.\n\n","sortOrder":325},{"sectionNumber":"304","sectionType":"section","heading":"Recovery of a pecuniary penalty","content":"\t304 Recovery of a pecuniary penalty\n\nIf the Court orders a person to pay a pecuniary penalty for a contravention of a civil penalty provision—\n\n(a) the penalty must be paid into the Consolidated Fund; and\n\n(b) the order is enforceable as a judgment debt.\n\nSubdivision 3—Other\n\n","sortOrder":326},{"sectionNumber":"305","sectionType":"section","heading":"Service of documents","content":"\t305 Service of documents\n\n(1) A document required or permitted to be given to or served on a person under this Act or the regulations may be given or served—\n\n(a) if the person is an individual—\n\n(i) by delivering it personally to the person; or\n\n(ii) by leaving it at the person's last known place of residence or business with a person apparently over the age of 16 years and apparently residing there or (in the case of a place of business) apparently in charge of, or employed at, that place; or\n\n(iii) by sending it by post addressed to the person to the person's last known place of residence or business; or\n\n(iv) by electronic communication in accordance with the **Electronic Transactions (Victoria) Act 2000**; or\n\n(b) if the person is a body corporate—\n\n(i) by leaving it at the person's last known place of business with a person apparently over the age of 16 years and apparently in charge of, or employed at, that place; or\n\n(ii) by sending it by post to the person's last known place of business; or\n\n(iii) by electronic communication in accordance with the **Electronic Transactions (Victoria) Act 2000**.\n\n(2) This section is in addition to, and not in derogation from, sections 109X and 601CX of the Corporations Act.\n\n(3) If a document is to be given to or served on the owner or occupier of any premises and the name of that person is not known, the document may be addressed to \"the owner\" or \"the occupier\".\n\n","sortOrder":327},{"sectionNumber":"306","sectionType":"section","heading":"Service of documents—alternative to attendance","content":"\t306 Service of documents—alternative to attendance\n\n(1) Instead of attending proceedings under this Act, a person who gives or serves a document under this Act or the regulations  may—\n\n(a) make an affidavit that—\n\n(i) identifies and is endorsed on, or attached to, a true copy of the original document; and\n\n(ii) states the time and manner in which the original document was given or served; or\n\n(b) transmit the original document for production at the proceedings.\n\n(2) A document purporting to be an affidavit under subsection (1)(a) is to be received in any proceedings and is evidence of the statements contained in the document.\n\n","sortOrder":328},{"sectionNumber":"307","sectionType":"section","heading":"Court may consider impact statements","content":"\t307 Court may consider impact statements\n\n(1) If the Court considers it appropriate for the person  to do so, a person may make a statement to the Court for the purposes of assisting the Court in determining—\n\n(a) the sentence for an offence against this Act or the regulations; or\n\n(b) the penalty for the contravention of a civil penalty provision; or\n\n(c) whether the Court should make an order under this Act and, if so, the conditions that should be imposed on the order.\n\n(2) A statement made under subsection (1) may include any information relevant to—\n\n(a) the impact of the offence or contravention on a service user; or\n\n(b) the risk of harm to service users caused by the offence or contravention; or\n\n(c) the impact of the offence or contravention on any person, organisation or community.\n\n(3) Nothing in this section limits or otherwise affects the ability of a person or body to make a victim impact statement under the **Sentencing Act 1991**.\n\nDivision 6—Compliance codes\n\n","sortOrder":329},{"sectionNumber":"308","sectionType":"section","heading":"Compliance codes","content":"\t308 Compliance codes\n\n(1) The Governor in Council, on the recommendation of the Minister, by Order may approve a compliance code for the purposes of providing practical guidance to any registered social service provider who has a duty or obligation under this Act or the regulations.\n\n(2) The Order approving a compliance code takes effect on the day on which notice of the Order is published in the Government Gazette, or any later day specified in the Order.\n\n(3) The Minister must not recommend the approval of a compliance code unless the Minister is satisfied that the proposed compliance code has first been subject to the prescribed consultation requirements (if any).\n\n","sortOrder":330},{"sectionNumber":"309","sectionType":"section","heading":"Content of compliance codes","content":"\t309 Content of compliance codes\n\nA compliance code may apply, adopt or incorporate any matter contained in any document whether—\n\n(a) wholly or partially or as amended by the code; or\n\n(b) as in force at a particular time; or\n\n(c) as in force from time to time.\n\n","sortOrder":331},{"sectionNumber":"310","sectionType":"section","heading":"Communication of compliance codes","content":"\t310 Communication of compliance codes\n\n(1) The Regulator must publish a compliance code on the Internet site of the Regulator.\n\n(2) The Regulator must make available for inspection without charge at the office of the Regulator during normal business hours—\n\n(a) a compliance code; and\n\n(b) any document containing any matter that is applied, adopted or incorporated in a compliance code.\n\n","sortOrder":332},{"sectionNumber":"311","sectionType":"section","heading":"Effect of compliance with compliance codes","content":"\t311 Effect of compliance with compliance codes\n\nA registered social service provider is taken to perform a duty or satisfy an obligation under this Act or the regulations if—\n\n(a) a compliance code provides for how a registered social service provider performs the duty or satisfies the obligation; and\n\n(b) the registered social service provider complies with the compliance code to the extent that the compliance code provides for performing the duty or satisfying the obligation.\n\n","sortOrder":333},{"sectionNumber":"312","sectionType":"section","heading":"No liability for failure to comply with compliance codes","content":"\t312 No liability for failure to comply with compliance codes\n\nA failure to comply with a compliance code does not give rise to any civil or criminal liability.\n\nDivision 7—Evidentiary matters\n\n","sortOrder":334},{"sectionNumber":"313","sectionType":"section","heading":"Evidence as to age","content":"\t313 Evidence as to age\n\nIn any proceeding for an offence against this Act or the regulations, if the age of a person is material and there is insufficient evidence of the person's actual age, the Court may have regard to the person's apparent age.\n\n","sortOrder":335},{"sectionNumber":"314","sectionType":"section","heading":"Evidentiary reports","content":"\t314 Evidentiary reports\n\n(1) For the purposes of this Act or the regulations, an authorised officer who takes any action under  section 119(f) or (g), or a person who assists an authorised officer in taking any action under section 119(f) or (g), may prepare and sign a report in writing about that action or the results of that action.\n\n(2) In any proceeding for an offence against this Act or the regulations, a report under subsection (1) is evidence of any of the following matters described in the report—\n\n(a) that a thing or sample was examined, analysed, measured or tested at a stated place on a stated day or during a stated period;\n\n(b) the qualifications of the person who conducted the examination, analysis, measurement or testing;\n\n(c) the methodology used to examine, analyse, measure or test a thing or sample;\n\n(d) the results of the examination, analysis, measurement or test.\n\n","sortOrder":336},{"sectionNumber":"315","sectionType":"section","heading":"Evidentiary certificates","content":"\t315 Evidentiary certificates\n\nIn any proceeding for an offence under this Act or the regulations, a certificate signed by the Regulator or an authorised officer stating any of the following is evidence that—\n\n(a) a stated document is one of the following made, approved, given or issued under this Act or the regulations—\n\n(i) a record of a registration;\n\n(ii) guidelines or a code of compliance;\n\n(iii) an improvement notice or a prohibition notice;\n\n(iv) a record of information in the Register;\n\n(v) a prescribed document;\n\n(b) a stated document is a copy of a thing referred to in paragraph (a);\n\n(c) on a stated day, or during a stated period—\n\n(i) a stated person was appointed as an authorised officer; or\n\n(ii) a stated person was a registered social service provider; or\n\n(iii) a registration was subject to a stated condition; or\n\n(iv) a registration was suspended or cancelled; or\n\n(v) a stated person was an insolvent under administration;\n\n(d) a stated amount is payable under this Act or the regulations by a stated person and has not been paid.\n\nDivision 8—Regulation-making powers\n\n","sortOrder":337},{"sectionNumber":"316","sectionType":"section","heading":"Regulations","content":"\t316 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to the following—\n\n(a) the classes of service providers subject to the worker and carer exclusion scheme;\n\n(b) the classes of workers subject to the worker and carer exclusion scheme;\n\n(c) prescribing exclusions to the worker and carer exclusion scheme;\n\n(d) prescribing conduct that may lead to exclusion;\n\n(e) prescribing decisions made under other Acts to be exclusion decisions for the purposes of Part 5;\n\n(f) the exemption of persons or a class of persons from section 135;\n\n(g) prescribing social services, or classes of social service, for the benefit and support of service users;\n\n(h) prescribing requirements to be met by social service providers for the purpose of registration, including with respect to the following—\n\n(i) the competence and skills of providers;\n\n(ii) matters relating to the suitability of providers;\n\nS. 316(1)(h)(iii) substituted by No. 9/2023 s. 245.\n\n(iii) the qualifications, skills and suitability of persons employed or engaged by providers including, but not limited to, persons engaged as volunteers or approved as foster carers;\n\n(iv) the suitability of premises used to provide social services;\n\n(i) prescribing exemptions for persons or classes of persons from the requirement of registration;\n\n(j) prescribing circumstances in respect of which social services providers may be granted provisional registration;\n\nS. 316(1)(ja) inserted by No. 58/2025 s. 17.\n\n(ja) the appointment of the Convener, Deputy Conveners or panel candidates under Division 3A of Part 10;\n\nS. 316(1)(jb) inserted by No. 58/2025 s. 17.\n\n(jb) independent expert advisory panels under Division 3A of Part 10;\n\n(k) without limiting any power to make regulations conferred by any other paragraph, the fees payable in respect of—\n\n(i) an application for registration as a registered social service provider; and\n\n(ii) an application for the variation or revocation of a condition of registration of a registered social service provider; and\n\n(iii) annual registration fees for registered social service providers;\n\n(l) prescribing service requirements of the Social Services Standards, including in relation to classes of registered social service providers—\n\n(i) additional social service delivery requirements; and\n\n(ii) other requirements related to or connected with the delivery of a social service;\n\n(m) prescribing outcomes in relation to the prescribed service requirements;\n\n(n) requirements that must be met by a person or body providing a supported residential service, including but not limited to requirements relating to the following—\n\n(i) the health and wellbeing of residents;\n\n(ii) the standard of care provided to residents;\n\n(iii) personal support of residents;\n\n(iv) the staffing of supported residential services;\n\n(v) record keeping;\n\n(vi) support plans;\n\n(vii) notification of a resident's guardian or person nominated;\n\n(o) prescribing a system of rating and assessment of registered social service providers;\n\n(p) for the purposes of this Act, prescribing—\n\n(i) infringement offences; and\n\n(ii) infringement penalties not exceeding 20 penalty units, in the case of an individual, or 100 penalty units, in the case of a body corporate, for contravention of an infringement offence;\n\n(q) requirements for notices required under this Act;\n\n(r) any matter or thing required or permitted by this Act to be prescribed, or necessary to be prescribed, to give effect to this Act.\n\n(2) A power conferred by subsection (1) to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—\n\n(a) specific fees;\n\n(b) maximum fees;\n\n(c) minimum fees;\n\n(d) fees that may vary according to value or time;\n\n(e) the manner of payment of fees;\n\n(f) the time or times at which fees are to be paid.\n\n(3) Regulations under this section may—\n\n(a) be of general or limited application; and\n\n(b) differ according to differences in time, place or circumstances; and\n\n(c) confer a discretionary authority or impose a duty on a specified person or a specified class of person; and\n\n(d) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person; and\n\n(e) provide, in a specified case or class of case, for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—\n\n(i) whether unconditionally or on specified conditions; and\n\n(ii) either wholly or to any extent that is specified; and\n\n(f) 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\n(iii) as in force from time to time; and\n\n(g) impose a penalty not exceeding 60 penalty units, in the case of an individual, or 300 penalty units, in the case of a body corporate, for a contravention of the regulations.\n\nDivision 9—Review of Act\n\n","sortOrder":338},{"sectionNumber":"316A","sectionType":"section","heading":"Review of Act","content":"\t316A Review of Act\n\n(1) The Minister must conduct a review of the operation of this Act.\n\n(2) The review must be conducted in the fourth year of the operation of the Act and be a review of the first 3 years of operation of the Act.\n\n(3) On completing the review, the Minister must cause a report of the review to be tabled before each House of the Parliament.\n\n","sortOrder":339},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transitional and savings provisions","content":"Part 11—Transitional and savings provisions\n\n","sortOrder":340},{"sectionNumber":"317","sectionType":"section","heading":"Definitions","content":"\t317 Definitions\n\n***community service*** has the same meaning as in the **Children, Youth and Families Act 2005** as in force immediately before the commencement of Part 3;\n\n***compliance notice*** means a compliance notice within the meaning of the **Supported Residential Services (Community Visitors) Act 2010** as in force immediately before the commencement of Part 5;\n\n***disability service*** ***provider*** has the same meaning as in the **Disability Act 2006** as in force immediately before the commencement of Part 3;\n\n***registered community service*** has the same meaning as in the **Children, Youth and Families Act 2005** as in force immediately before the commencement of Part 3;\n\n***secure welfare service*** has the same meaning as in the **Children, Youth and Families Act 2005** as in force immediately before the commencement of Part 3;\n\n***Suitability Panel*** has the same meaning as in the **Children, Youth and Families Act 2005** as in force immediately before the commencement of Part 5.\n\nDivision 2—General\n\n","sortOrder":341},{"sectionNumber":"318","sectionType":"section","heading":"Exemptions from offence relating to unregistered service providers—prescribed social services","content":"\t318 Exemptions from offence relating to unregistered service providers—prescribed social services\n\nSection 135(1) does not apply to a person or body in respect of the provision of a social service prescribed for the purposes of this section until the later of the following—\n\n(a) the end of the prescribed period;\n\n(b) if the person or body applies (or has an application made on their behalf) for registration in respect of the social service within the prescribed period, the day on which that application is finally determined.\n\nDivision 3—Children, Youth and Families Act 2005\n\nPt 11 Div. 3 Subdiv. 1 (Heading) inserted by No. 17/2023 s. 15.\n\nSubdivision 1—General transitional provisions\n\n","sortOrder":342},{"sectionNumber":"319","sectionType":"section","heading":"Investigation of conduct engaged in before the commencement of Part 5","content":"\t319 Investigation of conduct engaged in before the commencement of Part 5\n\n(1) Subject to subsection (2), the Regulator may undertake a preliminary assessment under section 55 in relation to conduct engaged in before the commencement of Part 5.\n\n(2) The Regulator may not undertake a preliminary assessment under section 55 in relation to conduct engaged in before the commencement of Part 5 if—\n\n(a) the conduct is the subject of a finding of misconduct made by the Suitability Panel against a person under section 105 of the **Children, Youth and Families Act 2005**; and\n\nS. 319(2)(b) substituted by No. 17/2023 s. 16.\n\n(b) the Suitability Panel—\n\n(i) determined under section 106 of that Act that the person does not pose an unacceptable risk of harm to children; or\n\n(ii) determined under section 112 of that Act that the person's disqualification from registration should be removed.\n\nS. 320 amended by No. 9/2023 s. 246.\n\n","sortOrder":343},{"sectionNumber":"320","sectionType":"section","heading":"Deemed exclusion decisions","content":"\t320 Deemed exclusion decisions\n\nIf, before the commencement of Part 5, the Suitability Panel determined under section 106 of the **Children, Youth and Families Act 2005** that a person posed an unacceptable risk of harm to children, that determination is taken to be an exclusion decision for the purposes of this Act.\n\n","sortOrder":344},{"sectionNumber":"321","sectionType":"section","heading":"Exemptions from offence relating to unregistered service providers—secure welfare services","content":"\t321 Exemptions from offence relating to unregistered service providers—secure welfare services\n\nSection 135(1) does not apply to a person or body in respect of the provision of secure welfare services until the later of the following—\n\n(a) the day that is 3 months after the commencement of Part 3;\n\n(b) if the person or body applies (or has an application made on their behalf) for registration in respect of secure welfare services within 3 months after that commencement, the day on which that application is finally determined.\n\n","sortOrder":345},{"sectionNumber":"322","sectionType":"section","heading":"Pending applications for registration as community service","content":"\t322 Pending applications for registration as community service\n\n(1) If a body had applied for registration as a community service under section 45 of the **Children, Youth and Families Act 2005** and that application is not finally determined immediately before the commencement of Part 3, the application must be finally determined under that Act as in force immediately before that commencement.\n\n(2) If the Secretary registers a body in response to an application described in subsection (1), the body is taken to be granted a registration under section 23 to provide the social services prescribed to be equivalent to the social services to which the application relates.\n\n","sortOrder":346},{"sectionNumber":"323","sectionType":"section","heading":"Pending applications for renewal of registration","content":"\t323 Pending applications for renewal of registration\n\n(1) If a body had applied for the renewal of registration as a community service under section 50 of the **Children, Youth and Families Act 2005** and that application is not finally determined immediately before the commencement of Part 3, the application must be finally determined under that Act as in force immediately before that commencement.\n\n(2) If the Secretary registers a body in response to an application described in subsection (1), the body is taken to be granted a registration under section 23 to provide the social services prescribed to be equivalent to the social services to which the application for renewal relates.\n\n","sortOrder":347},{"sectionNumber":"324","sectionType":"section","heading":"Variation of registration by Regulator","content":"\t324 Variation of registration by Regulator\n\n(1) If a body is taken to be granted a registration because of section 322, the Regulator may during the period of 12 months beginning on the commencement of Part 3 do any of the following to ensure that the registration is consistent with the provisions of this Act—\n\n(2) Before exercising a power under subsection (1), the Regulator must give the body at least 10 days written notice of the proposed imposition, variation or revocation of the condition.\n\n","sortOrder":348},{"sectionNumber":"325","sectionType":"section","heading":"Pending revocation","content":"\t325 Pending revocation\n\n(a) the Secretary, within the meaning of the **Children, Youth and Families Act 2005**, had given notice to a registered community service under section 52(b) of that Act; and\n\n(b) that Secretary had not finally determined whether or not to revoke the registration of that community service immediately before the commencement of Part 3.\n\n(2) The Secretary may determine whether or not to revoke the registration in accordance with the **Children, Youth and Families Act 2005** as in force immediately before the commencement of Part 3.\n\n(3) If the Secretary determines to revoke the registration of a community service under this section, that registration is taken to be revoked under Division 7 of Part 7.\n\n","sortOrder":349},{"sectionNumber":"326","sectionType":"section","heading":"Pending investigations","content":"\t326 Pending investigations\n\n(a) before the commencement of Part 5, the Secretary, within the meaning of the **Children, Youth and Families Act 2005**, decides under section 86 of that Act that an investigation of an allegation is warranted; and\n\n(b) the investigation is not completed immediately before the commencement of Part 5.\n\n(2) The investigation may be completed under Part 3.4 of the **Children, Youth and Families Act 2005** as in force immediately before the commencement of Part 5 with the following modifications—\n\n(a) a reference to \"the Secretary\" is to be taken to be a reference to \"the Regulator\";\n\n(b) a reference to the \"Suitability Panel\" is to be taken to be a reference to a \"Panel\".\n\n(3) If, after completion of an investigation completed in accordance with this section, the Panel finds that the person who is the subject of the allegation should be disqualified from registration, that finding is taken to be a determination under section 79(1)(a) that the person is excluded from providing a WCES service or a specified class of WCES services (as appropriate).\n\n","sortOrder":350},{"sectionNumber":"327","sectionType":"section","heading":"Appointment of administrator","content":"\t327 Appointment of administrator\n\n(1) On the commencement of Part 3, a person who is an administrator under Division 6 of Part 3.3 of the **Children, Youth and Families Act 2005** in respect of a body immediately before that commencement is taken to be an administrator appointed under Division 8 of Part 7 in respect of that body.\n\n(2) Nothing in this section prevents a person from resigning as an administrator, or the person's appointment being revoked, at any time after the commencement of Part 3 in accordance with this Act.\n\n","sortOrder":351},{"sectionNumber":"328","sectionType":"section","heading":"Community service registrations","content":"\t328 Community service registrations\n\n(1) If, immediately before the commencement of Part 3, a body is registered as a community service under section 46 of the **Children, Youth and Families Act 2005**, on and from that commencement that registration is taken to be a registration under section 23.\n\n(2) If a registration continues in effect under subsection (1)—\n\n(a) the registration is taken to be subject to the same conditions as those to which that registration was subject immediately before the commencement of Part 3; and\n\n(b) the body is taken to be registered to provide the social services prescribed to be equivalent to the category of registration under section 47 of the **Children, Youth and Families Act 2005** in which the body was registered  immediately before that commencement.\n\nS. 329 repealed by No. 6/2024 s. 104.\n\n","sortOrder":352},{"sectionNumber":"330","sectionType":"section","heading":"Transfer of information to Regulator","content":"\t330 Transfer of information to Regulator\n\n(1) As soon as practicable after the commencement of Part 3, the Secretary must disclose to the Regulator—\n\n(a) any information held by the Secretary immediately before that commencement that relates to—\n\n(i) a community service established under section 44 of the **Children, Youth and Families Act 2005**, whether or not it is established immediately before the commencement of Part 3; or\n\n(ii) a community service that is registered under section 46 of the **Children, Youth and Families Act 2005** immediately before the commencement of Part 3; or\n\n(iii) an application under Part 3.3 of the **Children, Youth and Families Act 2005**, that is made, but not finally determined, immediately before the commencement of Part 3; or\n\n(iv) a decision made by the Secretary, within the meaning of the **Children, Youth and Families Act 2005**, in relation to an application under Part 3.3 of that Act before the commencement of Part 3; and\n\n(b) all information included on the register kept under section 54 of the **Children, Youth and Families Act 2005** immediately before the commencement of Part 3.\n\n(2) The Regulator must, as soon as practicable after receiving the information referred to in subsection (1)(b), include that information on the Register.\n\n(3) As soon as practicable after the commencement of Part 5, the Secretary must disclose to the Regulator any information held by the Secretary immediately before that commencement that relates to—\n\n(a) a record under section 108 of the **Children, Youth and Families Act 2005**; or\n\n(b) an investigation under Part 3.4 of the **Children, Youth and Families Act 2005** that is decided to be warranted, but that is not completed, immediately before the commencement of Part 5.\n\nPt 11 Div. 3 Subdiv. 2 (Heading and ss 330A–330H) inserted by No. 17/2023 s. 18.\n\nSubdivision 2—Continued operation of Suitability Panel\n\nS. 330A inserted by No. 17/2023 s. 18.\n\n","sortOrder":353},{"sectionNumber":"330A","sectionType":"section","heading":"Definitions","content":"\t330A Definitions\n\nIn this Subdivision—\n\n***commencement day*** means the day on which Part 5 comes into operation;\n\n***disqualified person*** has the same meaning as in section 74 of the **Children, Youth and Families Act 2005** immediately before the commencement day;\n\n***pending matter*** means—\n\n(a) a matter referred to the Suitability Panel—\n\n(i) by the Secretary under section 96 of the **Children, Youth and Families Act 2005** before the commencement day; and\n\n(ii) in relation to which the Suitability Panel has not made a final determination or finding immediately before the commencement day; or\n\n(b) an application by a disqualified person to the Suitability Panel—\n\n(i) made under section 110 of the **Children, Youth and Families Act 2005** before the commencement day; and\n\n(ii) in relation to which the Suitability Panel has not made a final determination immediately before the commencement day;\n\n***Secretary*** has the same meaning as in the **Children, Youth and Families Act 2005** immediately before the commencement day;\n\n***transitional period*** means the period of 3 years beginning on the commencement day.\n\nS. 330B inserted by No. 17/2023 s. 18.\n\n","sortOrder":354},{"sectionNumber":"330B","sectionType":"section","heading":"Suitability Panel may continue and complete pending matters during transitional period","content":"\t330B Suitability Panel may continue and complete pending matters during transitional period\n\n(1) Subject to this Subdivision, the Suitability Panel may, during the transitional period, continue and complete a pending matter in accordance with Part 3.4 of the **Children, Youth and Families Act 2005** as if that Part had not been repealed.\n\n(2) Without limiting subsection (1), during the transitional period the Suitability Panel may, for the purposes of continuing or completing a pending matter, do one or more of the following (as appropriate) as if Part 3.4 of the **Children, Youth and Families Act 2005** had not been repealed—\n\n(a) constitute the Suitability Panel under section 103 of that Act;\n\n(b) cause notice of a hearing to be served under section 104 or 111 of that Act;\n\n(c) determine whether or not an allegation is proved under section 105(1) of that Act;\n\n(d) make a finding of misconduct under section 105(5) of that Act;\n\n(e) determine whether or not a person poses an unacceptable risk of harm to children under section 106(1) of that Act;\n\n(f) make a finding that a person should be disqualified from registration under section 106(3) of that Act;\n\n(g) determine whether or not a person should continue to be disqualified or should have a disqualification removed under section 112 of that Act.\n\nS. 330C inserted by No. 17/2023 s. 18.\n\n","sortOrder":355},{"sectionNumber":"330C","sectionType":"section","heading":"Members and executive officer of Suitability Panel","content":"\t330C Members and executive officer of Suitability Panel\n\n(1) On the commencement day—\n\n(a) a person holding office as the chairperson, the acting chairperson or a member of the Suitability Panel appointed under section 99 of the **Children, Youth and Families Act 2005** immediately before the commencement day is taken to continue to hold office on the same terms and conditions and with the same accrued and accruing entitlements as applied to that person immediately before that day; and\n\n(b) a person employed as the executive officer of the Suitability Panel under section 102 of the **Children, Youth and Families Act 2005** immediately before the commencement day is taken to continue to be employed as the executive officer.\n\n(2) A person is taken to hold office or to be employed under subsection (1)—\n\n(a) on the same terms and conditions and with the same accrued and accruing entitlements as applied to that person immediately before the commencement day; and\n\n(b) until the earlier of the following—\n\n(i) the day on which the term specified in the instrument of appointment or contract of employment expires;\n\n(ii) the day on which the transitional period expires.\n\n(3) Nothing in this section prevents a person from resigning as the chairperson, the acting chairperson, a member or the executive officer of the Suitability Panel in accordance with Part 3.4 of the **Children, Youth and Families Act 2005** as in force immediately before the commencement day.\n\nS. 330D inserted by No. 17/2023 s. 18.\n\n","sortOrder":356},{"sectionNumber":"330D","sectionType":"section","heading":"Appointment of members and employment of executive officer","content":"\t330D Appointment of members and employment of executive officer\n\nDespite the repeal of Part 3.4 of the **Children, Youth and Families Act 2005**, during the transitional period—\n\nS. 330D(a) amended by No. 58/2025 s. 18.\n\n(a) section 99 of that Act continues in force; and\n\n(b) section 102 of that Act continues in force.\n\nS. 330DA inserted by No. 58/2025 s. 19.\n\n\t330DA Validation of appointments\n\n(1) This section applies to the appointment of a member of a Suitability Panel under section 99(1) of the **Children, Youth and Families Act 2005** by the Governor in Council on the recommendation of the Minister purportedly made during the period—\n\n(a) beginning on the first day of the transitional period; and\n\n(b) ending on the commencement day.\n\n(2) An appointment to which this section applies is taken to be, and to have always been, valid despite being made by the Governor in Council on the recommendation of the Minister.\n\n(3) Any act or thing done or omitted to be done, directly or indirectly, in reliance on an appointment to which this section applies, whether before, on or after the commencement day, is not invalid and is taken to never have been invalid by reason only that the appointment was made by the Governor in Council on the recommendation of the Minister.\n\n***commencement day*** means the day on which Part 2.2 of the **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025** comes into operation.\n\nS. 330E inserted by No. 17/2023 s. 18.\n\n","sortOrder":357},{"sectionNumber":"330E","sectionType":"section","heading":"Limitations on membership of Suitability Panel and Panels convened under Part 5","content":"\t330E Limitations on membership of Suitability Panel and Panels convened under Part 5\n\n(1) During the transitional period, a member of the Suitability Panel must not be one of the members that constitute the Suitability Panel for the purposes of completing a pending matter if—\n\n(a) that member of the Suitability Panel is a member of a Panel convened under section 68 to determine whether a WCES worker or carer is to be excluded from providing a WCES service or a specified class of WCES services; and\n\n(b) that WCES worker or carer is the subject of the pending matter being completed by the Suitability Panel.\n\n(2) Despite anything to the contrary in section 68, the Regulator must not appoint a Panel candidate to be a member of a Panel convened to determine whether a WCES worker or carer is to be excluded from providing a WCES service or a specified class of WCES services if, at the time of the appointment—\n\n(a) the Panel candidate is a member of the Suitability Panel; and\n\n(b) that WCES worker or carer is the subject of a pending matter being completed by the Suitability Panel.\n\nS. 330F inserted by No. 17/2023 s. 18.\n\n","sortOrder":358},{"sectionNumber":"330F","sectionType":"section","heading":"Notice of a finding or determination during transitional period","content":"\t330F Notice of a finding or determination during transitional period\n\nDespite the repeal of Part 3.4 of the **Children, Youth and Families Act 2005**, sections 107, 111 and 113 of that Act continue in force during the transitional period as if a reference to the Secretary were a reference to the Regulator.\n\nS. 330G inserted by No. 17/2023 s. 18.\n\n","sortOrder":359},{"sectionNumber":"330G","sectionType":"section","heading":"Deemed exclusion provisions—transitional period","content":"\t330G Deemed exclusion provisions—transitional period\n\n(1) If the Suitability Panel makes a decision specified in subsection (2) during the transitional period for the purposes of continuing or completing a pending matter, that decision is taken to be an exclusion decision for the purposes of this Act.\n\n(2) For the purposes of subsection (1), the following decisions are specified—\n\nS. 330G(2)(a) repealed by No. 20/2025 s. 19.\n\n(b) a finding that a person should be disqualified from registration in accordance with section 106(3) of that Act as in force immediately before the commencement day;\n\n(c) a finding that a person should continue to be disqualified in accordance with section 112 of that Act as in force immediately before the commencement day.\n\nS. 330H inserted by No. 17/2023 s. 18.\n\n","sortOrder":360},{"sectionNumber":"330H","sectionType":"section","heading":"Review by VCAT of decisions during transitional period","content":"\t330H Review by VCAT of decisions during transitional period\n\n(1) A person may apply to VCAT for review of a finding or determination made by the Suitability Panel during the transitional period in accordance with section 105, 106 or 112 of the **Children, Youth and Families Act 2005** (as in force immediately before the commencement day) for the purposes of continuing or completing a pending matter.\n\n(2) An application for review must be made within 28 days after the later of the following—\n\n(a) the day on which the applicant is given notice of the finding or determination under section 107 or 113 of the **Children, Youth and Families Act 2005** as continued in force by section 330F;\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the finding or determination, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\n(3) If an application is made under this section, the Regulator is a party to the proceeding before VCAT.\n\nSee also section 59 of the **Victorian Civil and Administrative Tribunal Act 1998**.\n\nDivision 4—Disability Act 2006\n\n","sortOrder":361},{"sectionNumber":"331","sectionType":"section","heading":"Transfer of information to Regulator","content":"\t331 Transfer of information to Regulator\n\nAs soon as practicable after the commencement of Part 3, the Secretary, within the meaning of the **Disability Act 2006**, must disclose to the Regulator any information held by that Secretary immediately before the commencement of Part 3 that relates to—\n\n(a) any person or body that is registered on the register of disability service providers under section 41 of the **Disability Act 2006** immediately before the commencement of Part 3; or\n\n(b) any application under section 40 of the **Disability Act 2006**, that is made, but not finally determined, immediately before the commencement of Part 3; or\n\n(c) the register of disability service providers kept under section 46 of the **Disability Act 2006** as in force immediately before the commencement of Part 3.\n\n","sortOrder":362},{"sectionNumber":"332","sectionType":"section","heading":"Disability service provider registrations","content":"\t332 Disability service provider registrations\n\n(1) If, immediately before the commencement of Part 3, a person or body is registered as a disability service provider under section 41 of the **Disability Act 2006**, on and from that commencement that registration is taken to be a registration under section 23 to provide the social services prescribed to be equivalent to the social services in relation to which the person or body was registered under that Act.\n\n(2) If a registration continues in effect under subsection (1), it is taken to be subject to the same conditions as those to which the registration was subject immediately before the commencement of Part 3.\n\n","sortOrder":363},{"sectionNumber":"333","sectionType":"section","heading":"Pending applications for registration as disability service provider","content":"\t333 Pending applications for registration as disability service provider\n\n(1) If a person had applied for registration as a disability service provider under section 40 of the **Disability Act 2006** and that application is not finally determined immediately before the commencement of Part 3, the application must be finally determined under that Act as in force immediately before that commencement.\n\n(2) If the Secretary registers a body in response to an application described in subsection (1), the body is taken to be granted a registration under section 23 to provide the social services prescribed to be equivalent to the social services to which the application relates.\n\n","sortOrder":364},{"sectionNumber":"334","sectionType":"section","heading":"Pending applications for renewal of registration of disability service provider","content":"\t334 Pending applications for renewal of registration of disability service provider\n\n(1) If a person had applied for the renewal of a registration as a disability service provider under section 42 of the **Disability Act 2006** and that application is not finally determined immediately before the commencement of Part 3, the application must be finally determined under that Act as in force immediately before that commencement.\n\n(2) If the Secretary renews the registration of a body in response to an application described in subsection (1), the body is taken to be granted a registration under section 23 to provide the social services prescribed to be equivalent to the social services to which the application relates.\n\n","sortOrder":365},{"sectionNumber":"335","sectionType":"section","heading":"VCAT review","content":"\t335 VCAT review\n\nIf a person had applied to VCAT for review under section 45 of the **Disability Act 2006** and that review is not finally determined immediately before the commencement of Part 3, the application is to continue to be determined on and after that commencement as if that Act were still in force.\n\n","sortOrder":366},{"sectionNumber":"336","sectionType":"section","heading":"Variation of registration by Regulator","content":"\t336 Variation of registration by Regulator\n\n(1) If a person is taken to be granted a registration because of section 333 or 334, the Regulator may during the period of 12 months beginning on the commencement of Part 3 do any of the following to ensure that the registration is consistent with the provisions of this Act—\n\n(2) Before exercising a power under subsection (1), the Regulator must give the body at least 10 days written notice of the proposed imposition, variation or revocation of the condition.\n\n","sortOrder":367},{"sectionNumber":"337","sectionType":"section","heading":"Pending revocation","content":"\t337 Pending revocation\n\n(a) the Secretary, within the meaning of the **Disability Act 2006**, had given notice to a disability service provider under section 43(2)(a) of that Act; and\n\n(b) that Secretary had not finally determined whether or not to revoke the registration of that disability service provider immediately before the commencement of Part 3.\n\n(2) The Secretary may determine whether or not to revoke the registration in accordance with the **Disability Act 2006** as in force immediately before the commencement of Part 3.\n\n(3) If the Secretary determines to revoke the registration of the disability service provider, the registration is taken to be revoked under Division 7 of Part 7.\n\n","sortOrder":368},{"sectionNumber":"338","sectionType":"section","heading":"Appointments","content":"\t338 Appointments\n\n(1) On the commencement of Part 3, a person who is an administrator under Division 4 of Part 6 of the **Disability Act 2006** immediately before that commencement is taken to be an administrator appointed under section 173.\n\n(2) Nothing in this section prevents a person from resigning as an administrator, or the person's appointment being revoked, at any time after the commencement of Part 3 in accordance with this Act.\n\nDivision 5—Supported Residential Services (Community Visitors) Act 2010\n\n","sortOrder":369},{"sectionNumber":"339","sectionType":"section","heading":"Transfer of information to Regulator","content":"\t339 Transfer of information to Regulator\n\nAs soon as practicable after the commencement of Part 3, the Secretary, within the meaning of the **Supported Residential Services (Community Visitors) Act 2010**, must disclose to the Regulator any information held by that Secretary immediately before that commencement that relates to—\n\n(a) any premises that is registered as a supported residential service under Division 2 of Part 3 of the **Supported Residential Services (Community Visitors) Act 2010** immediately before the commencement of Part 3; or\n\n(b) an application under Division 2 of Part 3 of the **Supported Residential Services (Community Visitors) Act 2010** that is made, but not finally determined, immediately before the commencement of Part 3; or\n\n(c) the register of supported residential services maintained under section 39 of the **Supported Residential Services (Community Visitors) Act 2010** as in force immediately before the commencement of Part 3.\n\n","sortOrder":370},{"sectionNumber":"340","sectionType":"section","heading":"Supported residential service registrations","content":"\t340 Supported residential service registrations\n\n(1) If, immediately before the commencement of Part 3, a premises is registered as a supported residential service under Division 2 of Part 3 of the **Supported Residential Services (Community Visitors) Act 2010**, on and from that commencement that registration is taken to be a registration of the proprietor of the premises under section 23.\n\n(2) If a registration continues in effect under subsection (1), it is taken to be subject to the same conditions as those to which the registration was subject immediately before the commencement of Part 3.\n\n","sortOrder":371},{"sectionNumber":"341","sectionType":"section","heading":"Pending applications for registration as supported residential service","content":"\t341 Pending applications for registration as supported residential service\n\n(1) If a person had applied for registration of premises as a supported residential service under section 14 of the **Supported Residential Services (Community Visitors) Act 2010** and that application is not finally determined immediately before the commencement of Part 3, the application must be finally determined under that Act as in force immediately before that commencement.\n\n(2) If the Secretary registers a premises in response to an application described in subsection (1), the person is taken to be granted a registration under section 23 to provide the social services prescribed to be equivalent to the social services to which the application relates.\n\n","sortOrder":372},{"sectionNumber":"342","sectionType":"section","heading":"Variation of registration by Regulator","content":"\t342 Variation of registration by Regulator\n\n(1) If a person is taken to be granted a registration because of section 341, the Regulator may during the period of 12 months beginning on the commencement of Part 3 do any of the following to ensure that the registration is consistent with the provisions of this Act—\n\n(2) Before exercising a power under subsection (1), the Regulator must give the person at least 10 days written notice of the proposed imposition, variation or revocation of the condition.\n\n","sortOrder":373},{"sectionNumber":"343","sectionType":"section","heading":"Pending cancellation","content":"\t343 Pending cancellation\n\n(a) the Secretary had given notice to a proprietor of a supported residential service under section 29(1) of the **Supported Residential Services (Community Visitors) Act 2010**; and\n\n(b) the Secretary had not finally determined whether or not to cancel the registration of the supported residential service immediately before the commencement of Part 3.\n\n(2) The Secretary may determine whether or not to cancel the registration in accordance with the **Supported Residential Services (Community Visitors) Act 2010** as in force immediately before the commencement of Part 3.\n\n(3) If the registration of the supported residential service is cancelled, the registration is taken to be revoked under Division 7 of Part 7.\n\n","sortOrder":374},{"sectionNumber":"344","sectionType":"section","heading":"Pending revocation","content":"\t344 Pending revocation\n\n(a) the Minister had given notice to a proprietor of a supported residential service under section 168(2) of the **Supported Residential Services (Community Visitors) Act 2010**; and\n\n(b) the Minister had not finally determined whether or not to revoke the registration of the supported residential service immediately before the commencement of Part 3.\n\n(2) The Minister may determine whether or not to revoke the registration in accordance with the **Supported Residential Services (Community Visitors) Act 2010** as in force immediately before the commencement of Part 3.\n\n(3) If the registration of a supported residential service is revoked, the registration is taken to be revoked under Division 7 of Part 7.\n\n","sortOrder":375},{"sectionNumber":"345","sectionType":"section","heading":"Undertakings","content":"\t345 Undertakings\n\nOn and from the commencement of Part 3 an undertaking accepted under section 156 of the **Supported Residential Services (Community Visitors) Act 2010** that is in force immediately before that commencement—\n\n(a) continues in force until the undertaking expires or is withdrawn in accordance with that Act as in force immediately before the commencement of Part 3; and\n\n(b) may be enforced under that Act as in force immediately before the commencement of Part 3.\n\n","sortOrder":376},{"sectionNumber":"346","sectionType":"section","heading":"Compliance notices","content":"\t346 Compliance notices\n\nOn and from the commencement of Part 3 a compliance notice issued under section 160 of the **Supported Residential Services (Community Visitors) Act 2010** that is in force immediately before that commencement—\n\n(a) continues in force until the compliance notice expires, or is cancelled or revoked, in accordance with that Act as in force immediately before the commencement of Part 3; and\n\n(b) may be enforced under that Act as in force immediately before the commencement of Part 3.\n\n","sortOrder":377},{"sectionNumber":"347","sectionType":"section","heading":"Appointment of administrator","content":"\t347 Appointment of administrator\n\n(1) On and from the commencement of Part 3, a person who is an administrator under Division 4 of Part 8 of the **Supported Residential Services (Community Visitors) Act 2010** in respect of a body immediately before that commencement is taken to be an administrator appointed under Division 8 of Part 7 in respect of that body.\n\n(2) Nothing in this section prevents a person from resigning as an administrator, or the person's appointment being revoked, at any time after the commencement of Part 3 in accordance with this Act.\n\nDivision 6—Transitional regulations\n\n","sortOrder":378},{"sectionNumber":"348","sectionType":"section","heading":"Transitional regulations","content":"\t348 Transitional regulations\n\n(1) The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act.\n\n(2) Regulations made under subsection (1) may be retrospective in operation to the day on which this Act receives the Royal Assent.\n\n(3) Regulations made under subsection (1) have effect despite anything to the contrary in any Act (other than this Act or the **Charter of Human Rights and Responsibilities Act 2006**) or in any subordinate instrument.\n\n(4) Without limiting this section, regulations made under subsection (1) may continue in effect, for a period of not more than 2 years beginning on the day on which this Act receives the Royal Assent, any instrument or policy under an Act that is amended by this Act.\n\nS. 348(5) substituted by No. 17/2023 s. 70(1).\n\n(5) This Division is **repealed** 2 years after the day on which this section commences.\n\nPt 11A (Heading and ss 348A, 348B) inserted by No. 58/2025 s. 149.\n\n","sortOrder":379},{"sectionNumber":"Part 11A","sectionType":"part","heading":"Transitional provisions and regulations—Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025","content":"Part 11A—Transitional provisions and regulations—Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025\n\nS. 348A inserted by No. 58/2025 s. 149.\n\n","sortOrder":380},{"sectionNumber":"348A","sectionType":"section","heading":"Panel candidates","content":"\t348A Panel candidates\n\n(1) A person who is a Panel candidate appointed under section 67 immediately before the commencement day is, on and from that day, taken to be a panel candidate appointed under section 291C.\n\n(2) A person is taken to be appointed under subsection (1) subject to the same conditions as those to which the person's appointment was subject immediately before the commencement day.\n\n(3) Nothing in this section—\n\n(a) prevents a person from resigning as a panel candidate, or the person's appointment being revoked, at any time after the commencement day in accordance with this Act; or\n\n(b) affects the person's appointment as a Panel candidate under section 67.\n\n***commencement day*** means the day on which Part 3.3 of the **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025** comes into operation.\n\nS. 348B inserted by No. 58/2025 s. 149.\n\n","sortOrder":381},{"sectionNumber":"348B","sectionType":"section","heading":"Regulations dealing with transitional matters","content":"\t348B Regulations dealing with transitional matters\n\n(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of Chapter 3 of the **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025**, including any repeals, modifications and amendments made by or as a result of the enactment of Chapter 3 of that Act.\n\n(2) Regulations made under this section may—\n\n(a) have a retrospective effect to a day on or after a date that is not earlier than the day on which the **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025** receives the Royal Assent;\n\n(b) be of limited or general application;\n\n(c) differ according to time, place or circumstances;\n\n(d) leave any matter or thing to be decided by a specified person or class of person.\n\n(3) Regulations made under this section have effect despite anything to the contrary—\n\n(a) in this Act or any other Act (other than the **Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025** or the **Charter of Human Rights and Responsibilities Act 2006**); or\n\n(b) in any subordinate instrument.\n\n(4) Regulations made under this section may continue in effect for a period of not more than 2 years.\n\n(5) This section is **repealed** on the second anniversary of the day it comes into operation.\n\nPart 12—Consequential amendments\n\nDivision 1—Child Wellbeing and Safety Act 2005\n\n\t349 Definitions\n\n(1) In section 3(1) of the **Child Wellbeing and Safety Act 2005**, after paragraph (b)(iv) of the definition of ***regulator***, **insert**—\n\n\"(iva) the Social Services Regulator;\".\n\n(2) In section 3(1) of the **Child Wellbeing and Safety Act 2005 insert** the following definition—\n\n\"***Social Services Regulator*** means the Social Services Regulator established under section 4 of the **Social Services Regulation Act 2021**;\".\n\n","sortOrder":382},{"sectionNumber":"350","sectionType":"section","heading":"New section 16UA inserted","content":"\t350 New section 16UA inserted\n\nAfter section 16U of the **Child Wellbeing and Safety Act 2005 insert**—\n\n\"16UA Commission must notify Social Services Regulator of certain information\n\n(1) On becoming aware of the following, the Commission must report to the Social Services Regulator—\n\n(a) a reportable allegation that relates to sexual misconduct committed by a WCES worker or carer against, with or in the presence of, a child; or\n\n(b) information relating to the findings of an investigation by a WCES service provider into conduct by a WCES worker or carer that may lead to exclusion.\n\n***conduct by a WCES worker or carer*** ***that may lead to exclusion*** has the same meaning that ***conduct that may lead to exclusion*** has in the **Social Services Regulation Act 2021**;\n\n***WCES service provider*** has the same meaning as in the **Social Services Regulation Act 2021**;\n\n***WCES worker or carer*** has the same meaning as in the **Social Services Regulation Act 2021**.\".\n\nDivision 2—Children, Youth and Families Act 2005\n\n","sortOrder":383},{"sectionNumber":"351","sectionType":"section","heading":"Delegation","content":"\t351 Delegation\n\nAfter section 17(5) of the **Children, Youth and Families Act 2005 insert**—\n\n\"(6) Without limiting this section, the Secretary may, by instrument, delegate any function or power of the Secretary under this Act or the regulations, other than a power set out in subsection (1)(a) to (g), to—\n\n(a) the Social Services Regulator established under section 4 of the **Social Services Regulation Act 2021**; or\n\n(b) a person employed or engaged by the Social Services Regulator.\".\n\n\t352 Part 3.4 repealed\n\nPart 3.4 of the **Children, Youth and Families Act 2005** is **repealed**.\n\nDivision 3—Disability Act 2006\n\n\t353 Definitions\n\n(1) In section 3(1) of the **Disability Act 2006 insert** the following definition—\n\n\"***Social Services Regulator*** means the Social Services Regulator established under section 4 of the **Social Services Regulation Act 2021**;\".\n\n(2) In section 3(1) of the **Disability Act 2006**, in the definition of ***disability service provider***—\n\n(a) paragraph (a) is **repealed**;\n\n(b) in paragraph (b), for \"registered on the register of disability service providers\" **substitute** \"registered to provide disability services under the **Social Services Regulation Act 2021**\".\n\n(3) In section 3(1) of the **Disability Act 2006**, the definitions of ***register of disability service providers*** and ***support plan*** are **repealed**.\n\nS. 353(4) repealed by No. 9/2023 s. 247.\n\n","sortOrder":384},{"sectionNumber":"354","sectionType":"section","heading":"Persons with an intellectual disability","content":"\t354 Persons with an intellectual disability\n\nSection 6(6) of the **Disability Act 2006** is **repealed**.\n\nS. 354A inserted by No. 9/2023 s. 248.\n\n","sortOrder":385},{"sectionNumber":"354A","sectionType":"section","heading":"Matter may be referred","content":"\t354A Matter may be referred\n\nAfter section 33(d) of the **Disability Act 2006 insert**—\n\n\"(da) the Social Services Regulator;\"\n\nS. 355 substituted by No. 9/2023 s. 266(2).\n\n","sortOrder":386},{"sectionNumber":"355","sectionType":"section","heading":"Disclosure, use or transfer of protected information","content":"\t355 Disclosure, use or transfer of protected information\n\nAfter section 202AB(4)(m) of the **Disability Act 2006 insert**—\n\n\"(ma) the Social Services Regulator;\".\n\nS. 355A inserted by No. 9/2023 s. 266(2).\n\n","sortOrder":387},{"sectionNumber":"355A","sectionType":"section","heading":"Use, transfer or disclosure of information relating to disability services or disability service providers","content":"\t355A Use, transfer or disclosure of information relating to disability services or disability service providers\n\nIn section 202AC(1)(f) of the **Disability Act 2006**, after \"section 97\" **insert** \"as in force immediately before the commencement of Part 4 of the **Social Services Regulation Act 2021**\".\n\nS. 356 amended by No. 9/2023 s. 266(3).\n\n","sortOrder":388},{"sectionNumber":"356","sectionType":"section","heading":"Disclosure of information about worker screening.","content":"\t356 Disclosure of information about worker screening.\n\nAfter section 202AD(1)(b) of the **Disability Act 2006** **insert**—\n\n\"(ba) the Social Services Regulator;\".\n\n","sortOrder":389},{"sectionNumber":"357","sectionType":"section","heading":"Sections 40 to 48 repealed","content":"\t357 Sections 40 to 48 repealed\n\nSections 40 to 48 of the **Disability Act 2006** are **repealed**.\n\n","sortOrder":390},{"sectionNumber":"358","sectionType":"section","heading":"Division 3 of Part 4 repealed","content":"\t358 Division 3 of Part 4 repealed\n\nDivision 3 of Part 4 of the **Disability Act 2006** is **repealed**.\n\nS. 359 repealed by No. 9/2023 s. 249.\n\nS. 360 repealed by No. 9/2023 s. 260(1).\n\nS. 360A inserted by No. 9/2023 s. 268.\n\n\t360A Division 1 of Part 6 repealed\n\nDivision 1 of Part 6 of the **Disability Act 2006** is **repealed**.\n\n\t361 Heading to Division 3 of Part 6 amended\n\nIn the heading to Division 3 of Part 6 of the **Disability Act 2006**, for \"**Standards and monitoring**\" **substitute** \"**Monitoring**\".\n\n","sortOrder":391},{"sectionNumber":"362","sectionType":"section","heading":"Sections 97 and 98 repealed","content":"\t362 Sections 97 and 98 repealed\n\nSections 97 and 98 of the **Disability Act 2006** are **repealed**.\n\n","sortOrder":392},{"sectionNumber":"363","sectionType":"section","heading":"Power of Secretary to give directions","content":"\t363 Power of Secretary to give directions\n\n(1) Section 99(1)(a) of the **Disability Act 2006** is **repealed**.\n\n(2) In section 99(2)(a) of the **Disability Act 2006** **omit** \"relevant performance measure,\".\n\n\t364 Division 4 of Part 6 repealed\n\nDivision 4 of Part 6 of the **Disability Act 2006** is **repealed**.\n\n\t365 Sections 103A and 104 repealed\n\nSections 103A and 104 of the **Disability Act 2006** are **repealed**.\n\n","sortOrder":393},{"sectionNumber":"366","sectionType":"section","heading":"Report on complaints","content":"\t366 Report on complaints\n\nFor section 105(1) of the **Disability Act 2006** **substitute**—\n\n\"(1) A disability service provider must provide an annual report to the Disability Services Commissioner including information about—\n\n(a) the number and type of complaints received by the disability service provider in respect of disability services provided by the disability service provider; and\n\n(b) the outcome of those complaints.\".\n\n","sortOrder":394},{"sectionNumber":"367","sectionType":"section","heading":"Section 106 repealed","content":"\t367 Section 106 repealed\n\nSection 106 of the **Disability Act 2006** is **repealed**.\n\nS. 367A inserted by No. 9/2023 s. 250.\n\n","sortOrder":395},{"sectionNumber":"367A","sectionType":"section","heading":"Senior Practitioner to notify Secretary or NDIS Commissioner","content":"\t367A Senior Practitioner to notify Secretary or NDIS Commissioner\n\n(1) In the heading to section 132ZL of the **Disability Act 2006**, for \"**Secretary**\" **substitute** \"**Social Services Regulator**\".\n\n(2) In section 132ZL of the **Disability Act 2006**, for \"Secretary\" **substitute** \"Social Services Regulator\".\n\nS. 367B inserted by No. 9/2023 s. 250.\n\n","sortOrder":396},{"sectionNumber":"367B","sectionType":"section","heading":"Powers of Public Advocate","content":"\t367B Powers of Public Advocate\n\nIn section 141(1)(c)(i) of the **Disability Act 2006**, for \"Secretary\" **substitute** \"Social Services Regulator\".\n\n","sortOrder":397},{"sectionNumber":"368","sectionType":"section","heading":"Delegation","content":"\t368 Delegation\n\nAfter section 204(2) of the **Disability Act 2006 insert**—\n\n\"(3) Without limiting this section, the Secretary may make a delegation under this section to—\n\n(a) the Regulator within the meaning of the **Social Services Regulation Act 2021**; or\n\n(b) a person employed or engaged by that Regulator.\".\n\n","sortOrder":398},{"sectionNumber":"369","sectionType":"section","heading":"Special powers of Secretary","content":"\t369 Special powers of Secretary\n\nS. 369(1) amended by No. 9/2023 s. 260(2).\n\n(1) In section 206(1) of the **Disability Act 2006**, after \"provider\" (where thirdly occurring) **insert** \"for the purposes of performing a function or duty or exercising a power under this Act\".\n\n(2) After section 206(3) of the **Disability Act 2006 insert**—\n\n\"(3A) A requirement under subsection (3) must be for the purposes of performing a function or duty or exercising a power under this Act.\".\n\nDivision 4—Supported Residential Services (Private Proprietors) Act 2010\n\n","sortOrder":399},{"sectionNumber":"370","sectionType":"section","heading":"Principal Act","content":"\t370 Principal Act\n\nIn this Division, the **Supported Residential Services (Private Proprietors) Act 2010** is called the Principal Act.\n\n","sortOrder":400},{"sectionNumber":"371","sectionType":"section","heading":"Title of Supported Residential Services (Private Proprietors) Act 2010 substituted","content":"\t371 Title of Supported Residential Services (Private Proprietors) Act 2010 substituted\n\nIn the title to the Principal Act, for \"**Private Proprietors**\" **substitute** \"**Community Visitors**\".\n\n","sortOrder":401},{"sectionNumber":"372","sectionType":"section","heading":"Purpose","content":"\t372 Purpose\n\nSection 1(a) and (c) of the Principal Act are **repealed**.\n\n","sortOrder":402},{"sectionNumber":"373","sectionType":"section","heading":"Definitions","content":"\t373 Definitions\n\nS. 373(1) amended by No. 17/2023 s. 70(2).\n\n(1) In section 3(1) of the Principal Act, the definitions of ***application for approval of alterations or extensions***, ***application for cancellation of registration***, ***application for registration***, ***application for variation of registration***, ***approved manager***, ***authorised officer***, ***certificate of registration***, ***close associate***, ***compliance notice***, ***condition report***, ***interim support plan***, ***money of a resident***, ***nearest relative***, ***prohibited transaction***, ***proprietor***, ***register***, ***registration***, ***registration criteria***, ***registration statement***, ***related body corporate***, ***reportable transaction***, ***residential and services agreement*,** ***resident's administrator***, ***resident's on-going support plan***, ***short-term accommodation***, ***spouse*** and ***undertaking*** are **repealed**.\n\n(2) In section 3(1) of the Principal Act, **insert** the following definitions—\n\n\"***provider*** means a social services provider registered under section 23 of the **Social Services Regulation Act 2021** to provide a supported residential service;\n\n***Secretary*** means the Secretary to the Department of Families, Fairness and Housing;\".\n\n(3) In section 3(1) of the Principal Act, in the definition of ***Department***, for \"Health\" **substitute** \"Families, Fairness and Housing\".\n\n(4) In section 3(1) of the Principal Act, in the definition of ***Department***, for \"Health\" **substitute** \"Families, Fairness and Housing\".\n\n(5) In section 3(1) of the Principal Act, for the definition of ***resident* substitute**—\n\n\"***resident*** has the same meaning as in section 214 of the **Social Services Regulation Act 2021**;\".\n\n(6) In section 3(1) of the Principal Act, for the definition of ***supported residential service* substitute**—\n\n\"***supported residential service*** has the same meaning as in section 214 of the **Social Services Regulation Act 2021**;\".\n\n(7) Section 3(2) and (3) of the Principal Act are **repealed**.\n\n","sortOrder":403},{"sectionNumber":"374","sectionType":"section","heading":"Sections 4 and 5 repealed","content":"\t374 Sections 4 and 5 repealed\n\nSections 4 and 5 of the Principal Act are **repealed**.\n\n","sortOrder":404},{"sectionNumber":"375","sectionType":"section","heading":"Principles","content":"\t375 Principles\n\nIn section 7(2) of the Principal Act, for \"proprietors\" (wherever occurring) **substitute** \"providers\".\n\n","sortOrder":405},{"sectionNumber":"376","sectionType":"section","heading":"Parts 3 to 8 repealed","content":"\t376 Parts 3 to 8 repealed\n\nParts 3, 4, 5, 6, 7 and 8 of the Principal Act are **repealed**.\n\n","sortOrder":406},{"sectionNumber":"377","sectionType":"section","heading":"Offence to unreasonably refuse assistance","content":"\t377 Offence to unreasonably refuse assistance\n\nIn section 188 of the Principal Act, for \"proprietor\" **substitute** \"provider\".\n\n","sortOrder":407},{"sectionNumber":"378","sectionType":"section","heading":"Offence not to give full and true answers","content":"\t378 Offence not to give full and true answers\n\nIn section 189 of the Principal Act, for \"proprietor\" **substitute** \"provider\".\n\n","sortOrder":408},{"sectionNumber":"379","sectionType":"section","heading":"Offence to assault, obstruct or threaten community visitor","content":"\t379 Offence to assault, obstruct or threaten community visitor\n\nIn section 190 of the Principal Act, for \"proprietor\" **substitute** \"provider\".\n\n","sortOrder":409},{"sectionNumber":"380","sectionType":"section","heading":"Request to see community visitor","content":"\t380 Request to see community visitor\n\nIn section 191 of the Principal Act, for \"proprietor\" (where twice occurring) **substitute** \"provider\".\n\n","sortOrder":410},{"sectionNumber":"381","sectionType":"section","heading":"Record of visits","content":"\t381 Record of visits\n\nIn section 192 of the Principal Act, for \"proprietor\" **substitute** \"provider\".\n\n","sortOrder":411},{"sectionNumber":"382","sectionType":"section","heading":"Sections 197, 198 and 202 repealed","content":"\t382 Sections 197, 198 and 202 repealed\n\nSections 197, 198 and 202 of the Principal Act are **repealed**.\n\n","sortOrder":412},{"sectionNumber":"383","sectionType":"section","heading":"Service of notice and other documents","content":"\t383 Service of notice and other documents\n\nIn section 203 of the Principal Act—\n\n(a) for \"proprietor\" (wherever occurring) **substitute** \"provider\";\n\n(b) in subsection (2), for '\"proprietor\"' **substitute** '\"provider\"'.\n\n","sortOrder":413},{"sectionNumber":"384","sectionType":"section","heading":"Delegation","content":"\t384 Delegation\n\nAfter section 204(3) of the Principal Act **insert**—\n\n\"(4) Without limiting this section, the Secretary may, by instrument, delegate any function or power to the Secretary under this Act or the regulations to—\n\n(a) the Regulator within the meaning of the **Social Services Regulation Act 2021**; or\n\n(b) a person employed or engaged by that Regulator.\".\n\n","sortOrder":414},{"sectionNumber":"385","sectionType":"section","heading":"Sections 205 and 206 repealed","content":"\t385 Sections 205 and 206 repealed\n\nSections 205 and 206 of the Principal Act are **repealed**.\n\n","sortOrder":415},{"sectionNumber":"386","sectionType":"section","heading":"Regulations","content":"\t386 Regulations\n\n(1) Section 207(1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n) and (o) of the Principal Act are **repealed**.\n\n(2) In section 207(1)(p) of the Principal Act, for \"proprietors\" **substitute** \"providers\".\n\n","sortOrder":416},{"sectionNumber":"387","sectionType":"section","heading":"Sections 212, 215, 216, 217 and 218 repealed","content":"\t387 Sections 212, 215, 216, 217 and 218 repealed\n\nSections 212, 215 216, 217 and 218 of the Principal Act are **repealed**.\n\nDivision 5—Consequential amendments to other Acts\n\n","sortOrder":417},{"sectionNumber":"388","sectionType":"section","heading":"Accident Compensation Act 1985","content":"\t388 Accident Compensation Act 1985\n\nIn section 99AAA(1) of the **Accident Compensation Act 1985**, in paragraph (b) of the definition of ***supported accommodation***, for \"the **Supported Residential Services (Private Proprietors) Act 2010**\" **substitute** \"section 214 of the **Social Services Regulation Act 2021**\".\n\n","sortOrder":418},{"sectionNumber":"389","sectionType":"section","heading":"Crimes Act 1958","content":"\t389 Crimes Act 1958\n\nIn section 52A of the **Crimes Act 1958**, in paragraph (b) of the definition of ***residential service***, for \"the **Supported Residential Services (Private Proprietors) Act 2010**\" **substitute** \"section 214 of the **Social Services Regulation Act 2021**\".\n\n","sortOrder":419},{"sectionNumber":"390","sectionType":"section","heading":"Disability Act 2006","content":"\t390 Disability Act 2006\n\nIn section 3(1) of the **Disability Act 2006**, in the definition of ***region***, for \"**Private Proprietors**\" **substitute** \"**Community Visitors**\".\n\n","sortOrder":420},{"sectionNumber":"391","sectionType":"section","heading":"Duties Act 2000","content":"\t391 Duties Act 2000\n\nIn section 3G(3) of the **Duties Act 2000**, in the definition of ***supported residential service***, for \"the **Supported Residential Services** **(Private Proprietors) Act 2010**\" **substitute** \"section 214 of the **Social Services Regulation Act 2021**\".\n\n","sortOrder":421},{"sectionNumber":"392","sectionType":"section","heading":"Education and Training Reform Act 2006","content":"\t392 Education and Training Reform Act 2006\n\nAfter section 1.1.3C(1)(g) of the **Education and Training Reform Act 2006 insert**—\n\n\"(ga) a determination under section 79(1)(a) of the **Social Services Regulation Act 2021** to exclude a person from providing a WCES service or class of WCES services within the meaning of that Act;\n\n(gb) the issue of an interim exclusion under section 70 of the **Social Services Regulation Act 2021**;\".\n\n","sortOrder":422},{"sectionNumber":"393","sectionType":"section","heading":"Guardianship and Administration Act 2019","content":"\t393 Guardianship and Administration Act 2019\n\nIn section 17(1)(d) and (7)(d) of the **Guardianship and Administration Act 2019**, for \"**Supported Residential Services** **(Private Proprietors) Act 2010**\" **substitute** \"**Social Services Regulation Act 2021**\".\n\n","sortOrder":423},{"sectionNumber":"394","sectionType":"section","heading":"Health Services Act 1988","content":"\t394 Health Services Act 1988\n\n(1) In section 3(1) of the **Health Services Act 1988**, in the definition of ***supported residential service***, for \"**Supported Residential Services** **(Private Proprietors) Act 2010**\" **substitute** \"**Social Services Regulation Act 2021**\".\n\n(2) In section 7(1) of the **Health Services Act 1988**—\n\n(a) for \"Division 2 of Part 4\" **substitute** \"Division 4 of Part 9 of the **Social Services Regulation Act 2021**\";\n\n(b) for \"**Private Proprietors**\" **substitute** \"**Community Visitors**\".\n\n(3) In section 7(2) and (3) of the **Health Services Act 1988**, for \"Division 2 of Part 4 of the **Supported Residential Services (Private Proprietors) Act 2010**\" **substitute** \"Division 4 of Part 9 of the **Social Services Regulation Act 2021**\".\n\n","sortOrder":424},{"sectionNumber":"395","sectionType":"section","heading":"Land Tax Act 2005","content":"\t395 Land Tax Act 2005\n\nIn section 76(4) of the **Land Tax Act 2005**, in the definition of ***supported residential service***, for \"the **Supported Residential Services** **(Private Proprietors) Act 2010**\" **substitute** \"section 214 of the **Social Services Regulation Act 2021**\".\n\n","sortOrder":425},{"sectionNumber":"396","sectionType":"section","heading":"Medical Treatment Planning and Decisions Act 2016","content":"\t396 Medical Treatment Planning and Decisions Act 2016\n\nIn section 3(1) of the **Medical Treatment Planning and Decisions Act 2016**, in paragraph (d) of the definition of ***health facility***, for \"the **Supported Residential Services** **(Private Proprietors) Act 2010**\" **substitute** \"section 214 of the **Social Services Regulation Act 2021**\".\n\n","sortOrder":426},{"sectionNumber":"397","sectionType":"section","heading":"Public Administration Act 2004","content":"\t397 Public Administration Act 2004\n\nAfter section 16(1)(kf) of the **Public Administration Act 2004 insert**—\n\n\"(kg) the Social Services Regulator appointed under section 4 of the **Social Services Regulation Act 2021** in relation to the Office of the Social Services Regulator;\".\n\n","sortOrder":427},{"sectionNumber":"398","sectionType":"section","heading":"Residential Tenancies Act 1997","content":"\t398 Residential Tenancies Act 1997\n\nIn section 3(1) of the **Residential Tenancies Act 1997**, in paragraph (f) of the definition of ***health or residential service***, for \"the **Supported Residential Services** **(Private Proprietors) Act 2010**\" **substitute** \"section 214 of the **Social Services Regulation Act 2021**\".\n\n","sortOrder":428},{"sectionNumber":"399","sectionType":"section","heading":"Tobacco Act 1987","content":"\t399 Tobacco Act 1987\n\nIn section 3 of the **Tobacco Act 1987**, in paragraph (c) of the definition of ***residential care facility***, for \"the **Supported Residential Services** **(Private Proprietors) Act 2010**\" **substitute** \"section 214 of the **Social Services Regulation Act 2021**\".\n\n","sortOrder":429},{"sectionNumber":"400","sectionType":"section","heading":"Transport Accident Act 1986","content":"\t400 Transport Accident Act 1986\n\nIn section 3(1) of the **Transport Accident Act 1986**, in paragraph (b) of the definition of ***supported accommodation***, for \"the **Supported Residential Services** **(Private Proprietors) Act 2010**\" **substitute** \"section 214 of the **Social Services Regulation Act 2021**\".\n\n","sortOrder":430},{"sectionNumber":"401","sectionType":"section","heading":"Workplace Injury Rehabilitation and Compensation Act 2013","content":"\t401 Workplace Injury Rehabilitation and Compensation Act 2013\n\nIn section 223(1) of the **Workplace Injury Rehabilitation and Compensation Act 2013**, in paragraph (b) of the definition of ***supported accommodation***, for \"the **Supported Residential Services** **(Private Proprietors) Act 2010**\" **substitute** \"section 214 of the **Social Services Regulation Act 2021**\".\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\n*Legislative Assembly: 4 August 2021*\n\n*Legislative Council: 14 September 2021*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to establish the Social Services Regulator and the worker and carer exclusion scheme and for other purposes.\"\n\nThe **Social Services Regulation Act 2021** was assented to on 21 September 2021 and came into operation on 1 July 2024: section 2(2) (as amended by No. 40/2022 section 66).\n\nSection 329 never proclaimed, repealed by No. 6/2024 section 104.\n\nSection 353(4) never proclaimed, repealed by No. 9/2023 section 247.\n\nSection 359 never proclaimed, repealed by No. 9/2023 section 249.\n\nSection 360 never proclaimed, repealed by No. 9/2023 section 260(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 **Social Services Regulation Act 2021** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022, No. 40/2022**\n\n| Assent Date: | 6.9.22 |\n| Commencement Date: | S. 66 on 6.9.22: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Social Services Regulation Act 2021** |\n\n**Disability and Social Services Regulation Amendment Act 2023, No. 9/2023**\n\n| Assent Date: | 23.5.23 |\n| Commencement Date: | Ss 238−250 on 24.5.23: s. 2(1); s. 266 on 27.3.24: Special Gazette (No. 118) 13.3.24 p. 1; ss 260, 268 on 1.7.24: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Social Services Regulation Act 2021** |\n\n**Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023, No. 17/2023** (as amended by No. 6/2024)\n\n| Assent Date: | 27.6.23 |\n| Commencement Date: | S. 70 on 28.6.23: s. 2(1); ss 15, 16, 18 on 1.7.24: s. 2(3); s. 17 never proclaimed, repealed by No. 6/2024 s. 105 |\n| Current State: | This information relates only to the provision/s amending the **Social Services Regulation Act 2021** |\n\n**Regulatory Legislation Amendment (Reform) Act 2024, No. 6/2024**\n\n| Assent Date: | 5.3.24 |\n| Commencement Date: | Ss 102−104 on 6.3.24: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Social Services Regulation Act 2021** |\n\n**Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024**\n\n| Assent Date: | 10.9.24 |\n| Commencement Date: | S. 113(Sch. 1 item 33) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Social Services Regulation Act 2021** |\n\n**Justice Legislation Amendment (Miscellaneous) Act 2025, No. 20/2025**\n\n| Assent Date: | 18.6.25 |\n| Commencement Date: | S. 19 on 19.6.25: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Social Services Regulation Act 2021** |\n\n**Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025, No. 58/2025**\n\n| Assent Date: | 16.12.25 |\n| Commencement Date: | Ss 9–19 on 17.12.25: s. 2(1); ss 129, 130, 132–149, 448, 449 on 9.2.26: Special Gazette (No. 50) 3.2.26 p. 1; s. 131 on 23.2.26: Special Gazette (No. 50) 3.2.26 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Social Services Regulation Act 2021** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":431}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":893},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original scope. The 2021 Act established core registration and standards functions, but the 2025 amendments (No. 58/2025) added: (1) Associate Regulators with sub-delegation powers; (2) integrated sector regulator functions for Child Safe Standards under the Child Wellbeing and Safety Act 2005; (3) independent expert advisory panels for worker screening decisions; (4) expanded information sharing with the Worker Screening Act 2020; and (5) new confidentiality notice provisions. The Act now functions as a hub statute coordinating worker screening, child safety, and social services regulation—substantially broader than the original 'establish the Regulator' purpose."},"complexity_factors":["Extensive cross-referencing with at least 15 other Victorian Acts including the Child Wellbeing and Safety Act 2005, Worker Screening Act 2020, and Disability Act 2006","47+ defined terms in section 3 alone, many with nested definitions (e.g., 'service user' has 9 sub-categories)","Multiple overlapping regulatory schemes: registration system, worker exclusion scheme, supported residential services regime, and integrated sector regulator functions for Child Safe Standards","Nested conditional logic with exceptions to exceptions—e.g., entry to residential premises requires consent, but bedroom entry has additional conditions, with further exceptions for supported residential services","Complex transitional provisions preserving old regulatory frameworks (Suitability Panel, community service registrations, disability service provider registrations) while establishing new ones","Civil penalty provisions with parallel criminal offences, creating dual-track enforcement with different evidentiary standards and procedural rules","Detailed procedural requirements for Panel hearings in worker exclusion scheme including natural justice, non-publication orders, and VCAT review rights","Administrator appointment powers that displace corporations law and other statutes, with 10+ specific offences for interfering with administration","Information sharing provisions that override other Acts' confidentiality protections, with complex conditions on disclosure","Amendments made by five separate amending Acts between 2022-2025, creating layered version control issues"],"plain_english_summary":"This Act establishes the **Social Services Regulator**, a new independent body that oversees and enforces standards for organisations providing social services in Victoria. Think of it as a watchdog for services that support vulnerable people—children in care, people with disabilities, those experiencing homelessness, family violence survivors, and residents of supported residential services (like boarding houses with personal support).\n\n**What the Regulator does:**\n- **Registers** social service providers and can impose conditions on that registration\n- **Monitors compliance** with six Social Services Standards covering safe service delivery, dignity, safe environments, complaints handling, good governance, and workforce safety\n- **Investigates** serious incidents and breaches, with powers to enter premises, seize documents, and compel information\n- **Enforces** through improvement notices, prohibition notices, fines, enforceable undertakings, and in serious cases—appointing an administrator to take over a failing provider\n- **Runs a worker and carer exclusion scheme** (WCES) that can ban individuals from working with vulnerable people if they pose an unjustifiable risk of harm\n\n**Who it affects:**\n- **Social service providers**—must register and comply with standards or face penalties\n- **Workers and carers**—subject to exclusion from working with vulnerable people if found to have engaged in serious misconduct\n- **Service users**—children, people with disabilities, homeless individuals, family violence survivors, and supported residential service residents who are protected by the standards\n\n**Key protections for service users:**\n- Providers must notify the Regulator of serious incidents and certain changes\n- Supported residential service residents get specific protections around fees, agreements, and eviction processes\n- The Regulator can issue public warnings and suspend new admissions to dangerous services\n\n**Why it matters:**\nThis replaces fragmented oversight previously spread across multiple Acts (Children, Youth and Families Act; Disability Act; Supported Residential Services Act) with one unified regulator. It aims to prevent abuse and neglect, ensure quality care, and give the public confidence that vulnerable people are protected. The 2025 amendments added Associate Regulators, expanded child safety functions, and integrated with the Worker Screening Act 2020."},"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"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"This version has materially broadened and consolidated the original scheme. Additions and expansions include the formal appointment of Associate Social Services Regulators (ss 18A–18D), expanded 'integrated sector regulator' functions (s 14) and new independent expert advisory panels (ss 291A–291E). The information‑sharing, confidentiality and FOI‑exemption regime has been significantly elaborated (Part 8; especially ss 192–197 and ss 200–205), and enforcement powers have been extended (stronger search/seizure powers in Part 6, clearer administrator appointment and control powers in ss 173–177, and a broad set of discretionary enforcement instruments in Part 7). The Act also absorbs and replaces regulatory functions previously housed in several separate Acts (see many consequential amendments in Part 12 and the transitional provisions in Part 11), increasing its operational scope from a single regulator to an integrated supervisory hub for multiple social service streams. These expansions increase regulatory discretion, data sharing and enforcement reach beyond the narrower registration/standards model set out at enactment."},"complexity_factors":["Lengthy Act spanning 401+ sections and 12 Parts with extensive schedules and endnotes","Large interpretation/definitions section (s 3) introducing numerous defined terms used throughout the Act","Heavy cross‑referencing to many other Acts (Child Wellbeing and Safety Act 2005, Worker Screening Act 2020, Disability Act 2006, VCAT, Magistrates' Court rules and others) that create interdependencies","Multiple procedural pathways and institutional bodies (Regulator, Associate Regulators, authorised officers, independent investigators, Panels, independent expert advisory panels, administrators)","Dual enforcement regime: overlapping criminal offences, civil penalty provisions and administrative measures (improvement/prohibition notices, enforceable undertakings, public warnings, adverse publicity orders)","Detailed evidence, search, seizure and retention rules with nested exceptions and judicial extensions (Part 6: ss 112–131)","Complex worker exclusion process with preliminary assessment, investigations, interim exclusions, Panel hearings, database listing and review avenues (Part 5: many cross‑linked sections)","Extensive information‑sharing architecture, confidentiality notices and FOI exemptions with court‑reviewable extensions (Part 8: ss 192–210; ss 200–205)","Large transitional and savings framework to migrate functions from multiple pre‑existing Acts (Part 11) with time‑limited and conditional provisions","Broad regulation‑making power (s 316) enabling detailed subordinate instruments that will materially affect operation and add further complexity","Nested exceptions and discretion throughout (e.g. immediate notices without submissions where necessary to prevent harm; ability to withhold publication in particular cases)","Multiple review and appeal channels (internal Regulator review, VCAT, Magistrates' Court and Supreme Court) with suspension/stay interactions between civil penalties and criminal proceedings"],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a new regulator: the Social Services Regulator (\"the Regulator\") with corporate status, staff and powers to oversee a wide range of social services (see Parts 1–2; especially sections 4, 5 and 13).\n\n- Requires registration of social service providers and creates a public Register listing each provider, their services and any conditions or enforcement actions (Part 3; ss 21–36).\n\n- Sets out national‑style Social Services Standards that registered providers must follow and makes failure to comply a civil penalty matter; a narrow, aggravated breach attracting criminal penalties where it causes or risks serious harm (Part 4; ss 39–46; s 297 table).\n\n- Creates a Worker and Carer Exclusion Scheme (WCES) to investigate workers/carers, convene independent Panels, make interim and final exclusion decisions, and maintain a database of excluded people that employers must check before engaging staff (Part 5; ss 51–93, 83–88).\n\n- Gives the Regulator powers to inspect, compel documents and evidence, enter premises (with and without warrant in specified circumstances), seize material and secure electronic devices; it may appoint authorised officers and independent investigators (Part 6; ss 103–131, 119–126).\n\n- Provides a broad enforcement toolkit: improvement and prohibition notices, infringement notices, enforceable undertakings, public warning notices, suspension of intake, variation/suspension/revocation of registration, appointment of administrators to run failing providers, and adverse publicity orders (Part 7; ss 137–186).\n\n- Establishes an information‑sharing and confidentiality regime that authorises disclosure of protected information between the Regulator and specified \"relevant agencies\", creates confidentiality notices and limits FOI access to protected material (Part 8; ss 187–216, 200–205, 210).\n\n- Replaces or consolidates separate rules for supported residential services (detailed consumer protections and financial rules for residents) and makes consequential amendments to multiple other Acts so existing registers, investigations and panels are migrated to the Regulator (Part 9; Part 12; many transitional clauses in Part 11).\n\n\nWho this affects\n\n- Registered social service providers (large and small): they must register, meet prescribed service requirements, report incidents, comply with conditions, submit to monitoring and pay fees (see ss 21–31; ss 45–50; regs power s 316).\n\n- WCES workers and carers and WCES service providers: subject to investigation, interim exclusion, final exclusion decisions and the WCES database; employers must check the database before hiring (see ss 52–93, 83–86).\n\n- Service users (children, people with disability, people at risk, supported residential residents): the Act prioritises their safety and sets notification and support duties (see ss 1, 8, 45, 213–236).\n\n- The Regulator, authorised officers, Panels, independent investigators and other public agencies required to share information (see Parts 2, 5, 6, 8).\n\n- Courts, VCAT and other oversight bodies: the Act creates review paths (internal review and VCAT) and civil/criminal enforcement routes (see ss 286–291; Part 10). \n\n\nWhy it matters (official purpose and practical implications)\n\n- The Act’s stated purposes (s 1) are to centralise regulation of social services, set standards, protect service users, run the worker and carer exclusion scheme, regulate supported residential services and provide the information powers needed to enforce compliance.\n\n- Practical trade-offs and incentives to watch for:\n  - Compliance burden: registration, reporting, recordkeeping (including trust accounts for supported residential services, ss 246–248), mandatory incident notification (s 48) and database checks (s 84) impose ongoing costs on providers. Fees may be prescribed (s 316(1)(k)).\n  - Enforcement discretion: the Regulator has wide discretionary powers to impose conditions (s 26), issue improvement/prohibition notices (ss 137–144), suspend/revoke registrations (ss 169–172) and appoint administrators (s 173). Those powers concentrate decision authority in the Regulator (subject to internal review and VCAT rights).\n  - Legal risk and penalties: the Act mixes civil penalty provisions (s 297 table) and criminal offences (e.g. aggravated breach causing serious harm s 46(1); offences to provide services while excluded s 90). Organisations face both regulatory orders and fines or imprisonment in severe cases.\n  - Information and privacy: broad information sharing is authorised (ss 192–196) and FOI is limited for \"protected information\" (s 210). Confidentiality notices can restrict publication and may be extended by the Supreme Court (ss 200–205), which affects transparency, legal privilege and reputational risk.\n  - Market effects: registration and compliance costs raise the bar to entry and ongoing operating costs. That may favour larger providers able to spread compliance overheads; the Act also criminalises unregistered provision (s 135).\n  - Substitution and enforcement costs: the Regulator may accept enforceable undertakings instead of prosecution (ss 152–158), which can be quicker but creates discretionary settlement outcomes that differ from court orders.\n\n\nImplementation risks and operational challenges\n\n- Integration with existing schemes and agencies (Child Wellbeing and Safety Act, Worker Screening Act, Disability Act and others) requires data and process alignment (see Part 12 & transitional Part 11; ss 14, 196).\n\n- IT and recordkeeping: the Act requires a public Register and a secure WCES database (ss 36, 83), plus confidentiality controls. Building and operating those systems is necessary to make the scheme work.\n\n- Resource needs: effective inspections, investigations, Panels and administrator appointments need staffing and funding; many powers depend on timely police/court cooperation (ss 53, 61).\n\n\nWho pays and who decides (summary)\n\n- Who pays: registered providers shoulder compliance costs, fees (s 21 and reg power s 316), administrative costs if an administrator is appointed (s 177), fines/penalties for breaches (s 297 table); taxpayers fund the Regulator.\n\n- Who decides: the Regulator makes most regulatory decisions (registration, conditions, notices, administrators) (ss 13, 23, 26, 137, 173). The Minister has general direction power but not on specific regulatory matters (s 16). Panels (appointed from \"panel candidates\") make exclusion decisions (ss 67–79). Judicial and tribunal review routes exist (internal review ss 286–289; VCAT review s 290).\n\n\nRights of review and safeguards\n\n- Internal review by the Regulator for specified provider decisions (ss 286–289) and statutory rights to apply to VCAT for many decisions (s 290 table).\n\n- Natural justice and closed hearings rules for Panels (s 75) and safeguards to mitigate impact of interviews on children and vulnerable people (ss 100–100B).\n\n\nKey provisions to read first if you are a provider or worker\n\n- Registration rules and obligations: ss 21–36 (application, conditions, Register).\n- Service Standards and compliance: ss 38–46 and s 297 (civil penalty table).\n- WCES scheme: Part 5 (ss 52–93) and WCES database rules (ss 83–88).\n- Enforcement powers: Part 6 (powers of entry etc.) and Part 7 (notices, administrators).\n- Information sharing and confidentiality: Part 8 (ss 192–205, 210).\n\n(References in parentheses are to the sections cited above.)"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on available metadata, the Act appears to have been enacted broadly in line with its original intent of creating a social services regulatory framework in Victoria. No significant scope amendments are evident from the version history provided, though the limited source text prevents a definitive assessment of whether any amendments narrowed or expanded coverage of particular service types or provider categories."},"complexity_factors":["Limited text provided — the source material appears to be a table of contents or metadata stub rather than the full Act, making comprehensive analysis difficult","Regulatory framework legislation inherently involves multiple interlocking systems (registration, standards, enforcement, appeals)","Introduces new regulatory body with novel powers requiring interpretation of jurisdiction and scope","Broad definition of 'social services' likely creates boundary questions about which services and providers fall within scope","Compliance obligations apply across a diverse sector with many small community organisations that may lack legal resources","Interaction with existing Commonwealth and state funding agreements, privacy laws, and sector-specific legislation adds complexity","Transitional provisions for existing providers moving into the new registration system add a time-sensitive compliance layer"],"plain_english_summary":"The Social Services Regulation Act 2021 creates a formal regulatory framework for organisations delivering social services in Victoria, requiring registration, meeting quality and safety standards, and subjecting providers to a new regulator with inspection and enforcement powers.  \n\nIt affects service providers, their clients (by strengthening consumer protections and complaint rights), and government oversight—bringing consistency, accountability and improved safety to a previously patchwork sector."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/social-services-regulation-act-2021","history":"/api/acts/social-services-regulation-act-2021/history","analysis":"/api/acts/social-services-regulation-act-2021/analysis","conflicts":"/api/acts/social-services-regulation-act-2021/conflicts","importantCases":"/api/acts/social-services-regulation-act-2021/important-cases","documents":"/api/acts/social-services-regulation-act-2021/documents"}}