{"id":"sr:social-services-regulation-transitional-regulations-2023","name":"Social Services Regulation Transitional Regulations 2023","slug":"social-services-regulation-transitional-regulations-2023","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183485,"registerId":"vic-sr:social-services-regulation-transitional-regulations-2023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Services Regulation Transitional Regulations 2023","content":"Version No. 001\n\n**Social Services Regulation Transitional Regulations 2023**\n\n**S.R. No. 114/2023**\n\nVersion as at  \n1 July 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definition 1\n\nPart 2—Transitional and savings provisions 2\n\n5 Exemptions from offence relating to unregistered service providers—prescribed social services 2\n\n6 Prescribed equivalent social services 4\n\n7 Revocation of these Regulations 5\n\n═════════════\n\nEndnotes 6\n\n1 General information 6\n\n2 Table of Amendments 8\n\n3 Explanatory details 9\n\n**Version No.** **001**\n\n**Social Services Regulation Transitional Regulations 2023**\n\n**S.R. No. 114/2023**\n\nVersion as at  \n1 July 2024\n\nPart 1—Preliminary\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe transitional and savings provisions arising from the enactment of the **Social Services Regulation Act 2021**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 348 of the **Social Services Regulation Act 2021**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 1 July 2024.\n\n\t4 Definition\n\nIn these Regulations—\n\n***the Act***  means the **Social Services Regulation Act 2021**.\n\nPart 2—Transitional and savings provisions\n\n\t5 Exemptions from offence relating to unregistered service providers—prescribed social services\n\n(1) For the purposes of section 318 of the Act, a social service set out in Column 2 of Table 1 is prescribed if—\n\n(a) immediately before 1 July 2024, a person or body was providing that social service; and\n\n(b) the person or body is not taken to be registered under section 328(1), 329, 332(1) or 340(1) of the Act.\n\n(2) For the purposes of section 318(a) of the Act, the prescribed period for a prescribed social service set out in Column 2 of Table 1 is the period set out in Column 3 of Table 1 in relation to that social service.\n\n(3) In Table 1—\n\n***child protection service*** has the same meaning as it has in regulation 4 of the Social Services Regulations 2023;\n\n***community-based child and family service*** has the same meaning as it has in regulation 4 of the Social Services Regulations 2023;\n\n***disability service*** has the same meaning as it has in regulation 4 of the Social Services Regulations 2023;\n\n***family violence service*** has the same meaning as it has in regulation 4 of the Social Services Regulations 2023;\n\n***homelessness service*** has the same meaning as it has in regulation 4 of the Social Services Regulations 2023;\n\n***out of home care service*** has the same meaning as it has in regulation 4 of the Social Services Regulations 2023;\n\n***sexual assault service*** has the same meaning as it has in regulation 4 of the Social Services Regulations 2023.\n\n**Table 1**\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Prescribed social service* | *Column 3*<br>*Prescribed period* |\n| --- | --- | --- |\n| 1 | The following social services provided by the Secretary—<br>(a) a child protection service;<br>(b) a community-based child and family service;<br>(c) a disability service;<br>(d) a family violence service;<br>(e) a homelessness service;<br>(f) an out of home care service;<br>(g) a sexual assault service | 1 July 2024 to 31 July 2024 |\n| 2 | A family violence service funded by the Secretary | 1 July 2024 to 30 September 2024 |\n| 3 | A homelessness service funded by the Secretary | 1 July 2024 to 31 December 2024 |\n| 4 | A sexual assault service funded by the Secretary | 1 July 2024 to 31 March 2025 |\n| 5 | A disability service funded by the Victorian WorkCover Authority or the Transport Accident Commission established under the **Transport Accident Act 1986** | 1 July 2024 to 30 June 2025 |\n| 6 | A social service other than—<br>(a) a supported residential service; or<br>(b) a social service referred to in items 1 to 5 | 1 July 2024 to 31 July 2024 |\n\n\n\t6 Prescribed equivalent social services\n\nFor the purposes of a section of the Act set out in Column 1 of Table 2, a social service under the Act set out in Column 3 of Table 2 is prescribed to be equivalent to the social service set out in Column 2 of Table 2.\n\n**Table 2**\n\n| *Column 1*   <br>*Section of the Act* | *Column 2*   <br>*Service under existing Act* | *Column 3*<br>*Equivalent social service under the Act* |\n| --- | --- | --- |\n| Section 322(2) | An out of home care service referred to in section 47(a) of the **Children, Youth and Families Act 2005** | An out of home care service |\n| Section 322(2) | A community-based child and family service referred to in section 47(b) of the **Children, Youth and Families Act 2005** | A community-based child and family service |\n| Section 323(2) | An out of home care service registered under section 46 of the **Children, Youth and Families Act 2005** | An out of home care service |\n| Section 323(2) | A community-based child and family service registered under section 46 of the **Children, Youth and Families Act 2005** | A community-based child and family service |\n| Section 328(2) | An out of home care service referred to in section 47(a) of the **Children, Youth and Families Act 2005** | An out of home care service |\n| Section 328(2) | A community-based child and family service referred to in section 47(b) of the **Children, Youth and Families Act 2005** | A community-based child and family service |\n| Section 329(1) | A secure welfare service established under section 44(a)(ii) of the **Children, Youth and Families Act 2005** | A secure welfare service |\n| Section 329(2) | A community service established under section 44(a)(i) of the **Children, Youth and Families Act 2005** to provide an out of home care service | An out of home care service |\n| Section 332(1) | A disability service under the **Disability Act 2006** | A disability service |\n| Section 333(2) | A disability service under the **Disability Act 2006** | A disability service |\n| Section 334(2) | A disability service under the **Disability Act 2006** | A disability service |\n| Section 341 | A supported residential service within the meaning of section 5 of the **Supported Residential Services** **(Community Visitors) Act 2010** | A supported residential service |\n\n\n\t7 Revocation of these Regulations\n\nThese Regulations are **revoked** on 30 June 2026.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Social Services Regulation Transitional Regulations 2023, S.R. No. 114/2023 were made on 8 November 2023 by the Governor in Council under section 348 of the **Social Services Regulation Act 2021**, No. 37/2021 and came into operation on 1 July 2024: regulation 3.\n\nThe Social Services Regulation Transitional Regulations 2023 will be revoked on 30 June 2026: see regulation 7.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Social Services Regulation Transitional Regulations 2023 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the scope appears consistent with the stated purpose of a transitional regulation — managing the changeover between regulatory frameworks. No evidence of scope expansion or contraction from original intent is apparent, though the lack of substantive text makes a definitive assessment impossible."},"complexity_factors":["Transitional regulations inherently reference two legal frameworks simultaneously (old and new), requiring readers to understand both","The actual operative content of the regulations is not present in the provided text, making full assessment impossible","Social services regulation can involve layered Commonwealth and State/Territory responsibilities, which adds jurisdictional complexity","The document as provided is largely metadata and version history rather than substantive legal content, limiting meaningful analysis"],"plain_english_summary":"These transitional regulations temporarily bridge the old and new social‑services frameworks, specifying how existing licences, approvals and ongoing operations continue while providers and regulators move to the new system. They matter to social‑service organisations, oversight bodies and clients because they preserve legal certainty and service continuity during the changeover. Note: the supplied document contains little substantive content beyond formatting/version notes."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: providing transitional exemptions and equivalency mappings for the commencement of the Social Services Regulation Act 2021. The scope has not expanded beyond this narrow, time-limited transitional function."},"complexity_factors":["Only 7 regulations total, with minimal conditional logic","Single defined term ('the Act') in the interpretation section; other terms are incorporated by reference from the Social Services Regulations 2023","Two straightforward tables (Table 1 for exemption periods, Table 2 for service equivalencies) that drive most of the substantive content","No nested exceptions or deeply conditional provisions — primarily simple date ranges and categorical listings","Heavy reliance on external definitions (7 terms defined by reference to another instrument)","Cross-references limited to the enabling Act and one other set of regulations, plus legacy Acts for transitional mapping"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations provide temporary \"grace periods\" for social service providers in Victoria when new registration rules take effect. They prevent providers from being immediately prosecuted for operating without registration while they transition to the new system under the *Social Services Regulation Act 2021*.\n\n**Who it affects:**\n\n- **Social service providers** in Victoria, including:\n  - Child protection services\n  - Family violence services\n  - Homelessness services\n  - Disability services\n  - Sexual assault services\n  - Out of home care services\n  - Supported residential services\n\n- **Government bodies** like the Victorian WorkCover Authority and Transport Accident Commission (which fund some disability services)\n\n**How it works:**\n\nNormally, it would be an offence to provide a social service without being registered. These regulations create **temporary exemptions** so existing providers don't break the law while they sort out their registration. Different types of services get different amounts of time:\n\n- **Shortest grace period (1 month):** Services run directly by the Secretary, plus most other social services\n- **3 months:** Family violence services funded by the Secretary\n- **6 months:** Homelessness services funded by the Secretary  \n- **9 months:** Sexual assault services funded by the Secretary\n- **1 year:** Disability services funded by WorkCover or the Transport Accident Commission\n\n**Why it matters:**\n\nWithout these regulations, hundreds of vital community services could be operating illegally from day one of the new system. The staggered deadlines recognise that different sectors need different amounts of time to complete registration paperwork and meet new standards. The regulations also \"map\" old service categories from previous laws (like the *Children, Youth and Families Act 2005*) to new categories so there's no confusion about what replaces what.\n\n**Self-destruct clause:**\n\nThese regulations automatically expire on **30 June 2026** — they're designed to be temporary scaffolding, not permanent law."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No change from the instrument as made: the Endnotes state there have been no amendments to these Regulations (Endnotes, Table of Amendments). The Regulations implement time-limited transitional exemptions, equivalence mappings and commence 1 July 2024 with revocation 30 June 2026 (regulations 3 and 7)."},"complexity_factors":["Multiple, service-specific transitional periods (regulation 5(2) and Table 1) create varied compliance deadlines for providers.","Cross-references to the Social Services Regulation Act 2021 (regulation 2) and to definitions in the Social Services Regulations 2023 (regulation 5(3)) require users to read multiple instruments.","Equivalence mappings between legacy statutes and the new Act (regulation 6 and Table 2) involve references to several other Acts (Children, Youth and Families Act 2005; Disability Act 2006; Supported Residential Services (Community Visitors) Act 2010).","Eligibility for the temporary exemption depends on factual timing (provider was operating immediately before 1 July 2024) and on whether the provider is ‘taken to be registered’ under specific sections of the Act (regulation 5(1)(a),(b)), creating a determinative legal test.","Temporary, time-limited nature and a fixed revocation date (regulation 7) reduce long‑term regulatory complexity but increase short‑term administrative pressure to register.","Relatively narrow subject-matter (specified social services) and straightforward mapping lower doctrinal complexity compared with open-ended regulatory schemes."],"plain_english_summary":"These Regulations set temporary transition rules for the Social Services Regulation Act 2021. They exempt certain social service providers from the offence of operating while unregistered for specified short windows, map services under older Acts to their equivalents under the new Act, commence on 1 July 2024 and are revoked on 30 June 2026. Providers affected include those delivering child protection, child and family, disability, family violence, homelessness, out-of-home care and sexual assault services (including services funded by the Secretary, the Victorian WorkCover Authority or the Transport Accident Commission)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/social-services-regulation-transitional-regulations-2023","history":"/api/acts/social-services-regulation-transitional-regulations-2023/history","analysis":"/api/acts/social-services-regulation-transitional-regulations-2023/analysis","conflicts":"/api/acts/social-services-regulation-transitional-regulations-2023/conflicts","importantCases":"/api/acts/social-services-regulation-transitional-regulations-2023/important-cases","documents":"/api/acts/social-services-regulation-transitional-regulations-2023/documents"}}