{"id":"supported-residential-services-community-visitors-act-2010","name":"Supported Residential Services (Community Visitors) Act 2010","slug":"supported-residential-services-community-visitors-act-2010","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174371,"registerId":"vic-supported-residential-services-community-visitors-act-2010-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Supported Residential Services (Community Visitors) Act 2010","content":"Version No. 014\n\n**Supported Residential Services (Community Visitors) Act 2010**\n\n**No. 49 of 2010**\n\nVersion incorporating amendments as at  \n9 February 2026\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Definitions 2\n\nPart 2—Objective, principles and residents' rights 11\n\n6 Objective of Act 11\n\n7 Principles 11\n\n8 Reasonable restrictions 12\n\nPart 9—Community visitors 19\n\n182 Appointment of community visitors 19\n\n183 Terms and conditions of appointment 19\n\n184 Functions of a community visitor 20\n\n185 Panels 20\n\n186 Visiting supported residential services 20\n\n187 Powers of community visitors 21\n\n188 Offence to unreasonably refuse assistance 21\n\n189 Offence not to give full and true answers 22\n\n190 Offence to assault, obstruct or threaten community visitor 22\n\n191 Request to see a community visitor 22\n\n192 Record of visits 22\n\n193 Community (Residential Services) Visitors Board 23\n\n194 Reports 23\n\n195 Annual report of community visitors 24\n\n196 Secrecy 24\n\nPart 10—General 26\n\n199 False and misleading statements 26\n\n200 Damaging or destroying documents etc. 26\n\n201 Offences by corporations and partnerships etc. 26\n\n203 Service of notices and other documents 28\n\n204 Delegation 29\n\n207 Regulations 30\n\nPart 11—Transitional provisions and consequential amendments 32\n\nDivision 1—Transitional provisions 32\n\n208 Interpretation of Legislation Act 1984 32\n\n209 Supported residential services registered under Health Services Act 1988 before commencement 32\n\n210 Pre-commencement applications 34\n\n211 Administrators 35\n\n213 Community visitors 35\n\n214 Community (Residential Services) Visitors Board 36\n\n219 Saving of the Supported Residential Services (Private Proprietors) Regulations 2012 37\n\nDivision 2—Transitional provision—Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025 38\n\n220 Renaming of Act 38\n\nEndnotes 39\n\n1 General information 39\n\n2 Table of Amendments 41\n\n3 Explanatory details 44\n\n**Version No.** **014**\n\n**Supported Residential Services (Community Visitors) Act 2010**\n\n**No. 49 of 2010**\n\nVersion incorporating amendments as at  \n9 February 2026\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purpose\n\nThe main purposes of this Act are—\n\nS. 1(a) repealed by No. 37/2021 s. 372.\n\n* * * * *\n\n(b) to provide for minimum standards of accommodation and personal support provided to residents of private supported residential services for their care and well-being;\n\nS. 1(c) repealed by No. 37/2021 s. 372.\n\n* * * * *\n\n(d) to make consequential amendments to the **Health Services Act 1988** and other Acts.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 July 2012, it comes into operation on that day.\n\n\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *application for approval of alterations or extensions* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *application for cancellation of registration* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *application for registration* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *application for variation of registration* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *approved manager* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *authorised officer* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *certificate of registration* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *close associate* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\n***community visitor*** means a person appointed under section 182;\n\nS. 3(1) def. of *compliance notice* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *condition report* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *Department* amended by No. 37/2021 s. 373(3).[[1]](#endnote-1)\n\n***Department*** means the Department of Families, Fairness and Housing;\n\n**Note**\n\nSee also section 38AAA of the **Interpretation of Legislation Act 1984**.\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\nS. 3(1) def. of *interim support plan* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *money of a resident* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *nearest relative* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\n***order to vacate*** means an order requiring a resident to vacate a supported residential service;\n\n***person*** includes an unincorporated association, a firm and a partnership;\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***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\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 161.1).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *prohibited transaction* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *proprietor* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *provider* inserted by No. 37/2021 s. 373(2).\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\nS. 3(1) def. of *Public Advocate* amended by No. 13/2019 s. 221(Sch. 1 item 51.1(a))\n\n***Public Advocate*** has the same meaning as it has in the **Guardianship and Administration Act 2019**;\n\nS. 3(1) def. of *region* inserted by No. 26/2014 s. 455(Sch. item 37).\n\n***region*** means a prescribed region of Victoria;\n\nS. 3(1) def. of *register* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\n***registered medical practitioner*** means a person registered under the Health Practitioner National Law to practise in the medical profession (other than as a student);\n\nS. 3(1) def. of *registration* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *registration criteria* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *registration statement* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *related body corporate* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *reportable transaction* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\n***reservation fee*** means a fee to reserve a place at a supported residential service;\n\nS. 3(1) def. of *resident* substituted by No. 37/2021 s. 373(5).\n\n***resident*** has the same meaning as in section 214 of the **Social Services Regulation Act 2021**;\n\nS. 3(1) def. of *residential and services agreement* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *resident's administrator* amended by Nos 57/2014 s. 161(1), 13/2019 s. 221  \n(Sch. 1 item 51.1(b)(c)), repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *resident's guardian* substituted by No. 57/2014 s. 161(2), amended by No. 13/2019 s. 221(Sch. 1 item 51.1(d)).\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\nS. 3(1) def. of *resident's on‑going support plan* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *Secretary* inserted by No. 37/2021 s. 373(2).\n\n***Secretary*** means the Secretary to the Department of Families, Fairness and Housing;\n\n***security deposit*** means an amount of money paid in advance by a resident to a proprietor to cover potential losses that the proprietor 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\nS. 3(1) def. of *short-term accom-modation* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *spouse* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(1) def. of *supported residential service* substituted by No. 37/2021 s. 373(6).\n\n***supported residential service*** has the same meaning as in section 214 of the **Social Services Regulation Act 2021**;\n\nS. 3(1) def. of *undertaking* repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).\n\n* * * * *\n\nS. 3(2)(3)  repealed by No. 37/2021 s. 373(7).\n\n* * * * *\n\nS. 4  repealed by No. 37/2021 s. 374.\n\n* * * * *\n\nS. 5 amended by Nos 26/2014 s. 455(Sch. item 29), 38/2018 s. 317, 9/2023 s. 251, 39/2022 s. 872, repealed by No. 37/2021 s. 374.\n\n* * * * *\n\nPart 2—Objective, principles and residents' rights\n\n\t6 Objective of Act\n\nThe objective of this Act is to protect the safety and wellbeing of residents living in private supported residential services.\n\n\t7 Principles\n\n(1) Residents of supported residential services have the same rights and responsibilities as other members of the community and should be empowered to exercise those rights and responsibilities.\n\n(2) For the purposes of subsection (1), the following principles apply—\n\n(a) the individual rights of residents should be respected by recognising a resident’s right to—\n\n(i) privacy; and\n\n(ii) freedom of expression; and\n\n(iii) fair and equal treatment; and\n\n(iv) dignity and respect; and\n\n(v) freedom from abuse, neglect or exploitation;\n\nS. 7(2)(b) amended by No. 37/2021 s. 375.\n\n(b) providers should support residents to live as independently as possible by—\n\n(i) recognising the resident’s right to make decisions, provided those decisions do not unreasonably affect the rights of others; and\n\n(ii) supporting them to participate in decisions regarding the services they receive; and\n\n(iii) allowing them the right to choose their service providers; and\n\n(iv) recognising their right to participate in activities involving a degree of risk;\n\nS. 7(2)(c) amended by No. 37/2021 s. 375.\n\n(c) providers should support residents as far as possible by—\n\n(i) providing residents with information that will assist in decision making; and\n\n(ii) facilitating access to activities;\n\nS. 7(2)(d) amended by No. 37/2021 s. 375.\n\n(d) providers should provide safe and comfortable surroundings and ensure that support services take account of the needs of individual residents as far as possible.\n\nS. 7(3) amended by No. 29/2011 s. 3(Sch. 1 item 93.1).\n\n(3) For the purposes of administering this Act and for the provision of services to residents of supported residential services, this Act is to be interpreted, so far as possible, in a manner that gives effect to the principles specified in subsection (2).\n\n\t8 Reasonable restrictions\n\nIf a restriction on the rights of any resident set out in the principles in section 7 is necessary, and more than one option is available in implementing that restriction, the option chosen must be that which is the least restrictive of the resident's rights in the circumstances.\n\nPt 3 (Headings and ss 9−43) amended by No. 13/2019 s. 221(Sch. 1 item 51.2), repealed by No. 37/2021 s. 376.\n\n* * * * *\n\nPt 4 (Headings and ss 44−78) amended by No. 13/2019 s. 221(Sch. 1 item 51.3), repealed by No. 37/2021 s. 376.\n\n* * * * *\n\nPt 5 (Headings and ss 79−106) repealed by No. 37/2021 s. 376.\n\n* * * * *\n\nPt 6 (Headings and ss 107−129) amended by No. 37/2014 s. 10(Sch. item 161.2), repealed by No. 37/2021 s. 376.\n\n* * * * *\n\nPt 7 (Headings and ss 130−155) amended by Nos 37/2014 s. 10(Sch. item 161.2), 6/2018 s. 68(Sch. 2 item 120), repealed by No. 37/2021 s. 376.\n\n* * * * *\n\nPt 8 (Headings and ss 156−181) amended by Nos 29/2011 s. 3(Sch. 1 items 93.2−93.9), 9/2013 s. 42(Sch. 2 item 16), repealed by No. 37/2021 s. 376.\n\n* * * * *\n\nPart 9—Community visitors\n\n\t182 Appointment of community visitors\n\nThe Governor in Council may appoint persons nominated by the Minister as community visitors for each region.\n\n\t183 Terms and conditions of appointment\n\n(1) Each community visitor—\n\n(a) holds office for a period of 3 years from the date of appointment;\n\n(b) is eligible for re-appointment;\n\n(c) is entitled to be paid fees and travelling and other allowances as are from time to time fixed by the Governor in Council;\n\n(d) is not, in respect of the office of community visitor, subject to the **Public Administration Act 2004**.\n\n(2) The Governor in Council, in the instrument of appointment of a person as a community visitor, may specify terms and conditions of appointment in addition to those specified in subsection (1).\n\n(3) A person must not be appointed as a community visitor for a region if the person—\n\n(a) is an officer or employee of the Department or a person who holds any other appointment with the Department; or\n\n(b) has any interests which conflict or may conflict with the best interests of residents of a supported residential service in that region.\n\n(4) In nominating persons for appointment as community visitors for a region, the Minister must ensure that both men and women are adequately represented.\n\n(5) The Governor in Council, on the recommendation of the Minister, may remove a community visitor from office.\n\n(6) A person may resign from the office of community visitor in writing signed by that person and delivered to the Governor in Council.\n\n\t184 Functions of a community visitor\n\nThe functions of a community visitor appointed for a region are to visit any supported residential service in the region and query—\n\nS. 184(a) substituted by No. 58/2025 s. 450.\n\n(a) whether services are being delivered to residents in accordance with—\n\n(i) the Social Services Standards within the meaning of the **Social Services Regulation Act 2021**; and\n\n(ii) any service requirements prescribed for the purposes of section 45 of that Act;\n\n(b) the status of any complaint made by or on behalf of a resident and the progress of its resolution, if applicable;\n\n(c) any other issue or concern raised with the community visitor by or on behalf of a resident.\n\n\t185 Panels\n\nAny 2 community visitors for a region constitute a panel of community visitors for that region.\n\n\t186 Visiting supported residential services\n\n(1) A community visitor or a panel of community visitors for a region may visit a supported residential service in the region with or without any previous notice at the times and for the periods that the community visitor or panel thinks fit.\n\n(2) The Minister may direct a community visitor or a panel of community visitors for a region to visit a supported residential service in the region at the times that the Minister directs.\n\n\t187 Powers of community visitors\n\n(1) A community visitor when visiting a supported residential service in the region may—\n\n(a) enter and look at any part of the premises of the supported residential service;\n\n(b) speak with any resident of the supported residential service who wishes to speak to the community visitor;\n\n(c) ask questions of any employee of the supported residential service relating to any resident's care;\n\nS. 187(1)(d) amended by No. 58/2025 s. 451.\n\n(d) look at any records required to be kept on the premises by or under this Act or the **Social Services Regulation Act 2021** or regulations made under that Act.\n\n(2) Subsection (1)(d) does not authorise a community visitor to look at—\n\n(a) a resident's medical records unless the resident consents; or\n\n(b) personnel records unless the relevant member of staff consents.\n\nS. 188 amended by No. 37/2021 s. 377.\n\n\t188 Offence to unreasonably refuse assistance\n\nA provider or any member of the staff or management of a supported residential service must not unreasonably refuse or neglect to give a community visitor any reasonable assistance that the community visitor requires to perform or exercise any of the community visitor's powers or functions effectively.\n\n1. 20 penalty units.\n\n\nS. 189 amended by No. 37/2021 s. 378.\n\n\t189 Offence not to give full and true answers\n\nA provider or any member of the staff or management of a supported residential service must not refuse or fail to give full and true answers to the best of that person's knowledge to any questions asked by a community visitor in the performance or exercise of any power or function under this Act.\n\n1. 20 penalty units.\n\n\nS. 190 amended by No. 37/2021 s. 379.\n\n\t190 Offence to assault, obstruct or threaten community visitor\n\nA provider or any member of the staff or management of a supported residential service must not assault, obstruct or threaten a community visitor in the performance or exercise of any power or function under this Act.\n\n1. 60 penalty units.\n\n\n\t191 Request to see a community visitor\n\nS. 191(1) amended by No. 37/2021 s. 380.\n\n(1) A resident of a supported residential service or any person on behalf of a resident of a supported residential service may request the provider to arrange for the resident to be seen by a community visitor.\n\nS. 191(2) amended by No. 37/2021 s. 380.\n\n(2) The provider, within 2 days after receiving a request under subsection (1), must advise one of the community visitors for the region that a request has been made.\n\n1. 20 penalty units.\n\n\nS. 192 amended by No. 37/2021 s. 381.\n\n\t192 Record of visits\n\nA provider must keep a record in the prescribed form of visits by community visitors.\n\n1. 10 penalty units.\n\n\n\t193 Community (Residential Services) Visitors Board\n\n(1) There is established a Board to be known as the Community (Residential Services) Visitors Board.\n\n(2) The Community (Residential Services) Visitors Board consists of—\n\n(a) the Public Advocate; and\n\n(b) two community visitors elected by community visitors in accordance with the regulations.\n\n(3) The functions of the Community (Residential Services) Visitors Board are—\n\n(a) to represent community visitors; and\n\n(b) to prepare and circulate publications explaining the role of community visitors; and\n\n(c) to supervise the training of community visitors; and\n\n(d) to prepare an annual report.\n\n\t194 Reports\n\n(1) The community visitors for a region at least twice a year must submit a joint report to the Public Advocate on visits made by them to supported residential services since the last report under this section.\n\n(2) The Public Advocate may report to the Secretary upon becoming aware of any issues of concern regarding residents of a supported residential service.\n\n(3) The Minister may require a panel of community visitors to report to the Minister on any matter specified by the Minister at the time and in the manner directed by the Minister.\n\n\t195 Annual report of community visitors\n\n(1) The Community (Residential Services) Visitors Board must as soon as practicable after the end of each financial year and not later than the following 30 September submit to the Minister a report on the activities of community visitors during the financial year.\n\n(2) The Minister must cause the annual report prepared under subsection (1) to be laid before the Legislative Council and the Legislative Assembly before the expiration of the 14th sitting day of the Legislative Council or the Legislative Assembly, as the case may be, after the annual report has been received by the Minister.\n\n\t196 Secrecy\n\n(1) Subject to subsection (2), a person who is or has been, at any time, a community visitor must not, either directly or indirectly—\n\n(a) make a record of; or\n\n(b) divulge or communicate to any person; or\n\n(c) make use of—\n\nany information, that is or was acquired by the person because the person is or was appointed as a community visitor, for any purpose, except to the extent necessary for the person—\n\n(d) to perform any official duties; or\n\n(e) to perform or exercise any function or power under this Act.\n\n1. 60 penalty units.\n\n\n(2) Subsection (1) does not prevent a person from—\n\n(a) producing a document to a court in the course of criminal proceedings or in the course of any proceedings under this Act; or\n\n(b) divulging or communicating to a court in the course of any proceedings referred to in paragraph (a) any matter or thing coming under the notice of the person in the performance of official duties or in the performance of a function or the exercise of a power referred to in that subsection; or\n\n(c) producing a document or divulging or communicating information that is expressly authorised or permitted by any Act to be produced, divulged or communicated; or\n\n(d) producing a document or divulging or communicating information with the prior consent of the person to whom it relates or, if that person has died, with the consent of the senior available next of kin of that person.\n\n(3) In this section—\n\n***court*** includes any board, tribunal or person authorised to receive evidence;\n\n***senior available next of kin*** has the same meaning as in the **Human Tissue Act 1982**.\n\nPart 10—General\n\nS. 197 amended by No. 37/2014 s. 10(Sch. item 161.2), repealed by No. 37/2021 s. 382.\n\n* * * * *\n\nS. 198 repealed by No. 37/2021 s. 382.\n\n* * * * *\n\n\t199 False and misleading statements\n\n(1) A person must not, in purported compliance with this Act or the regulations, knowingly give information or make a statement that is false or misleading in a material particular.\n\n1. 60 penalty units.\n\n\n(2) A person must not knowingly make a false or misleading entry in a document required by this Act or the regulations to be kept by or in relation to a supported residential service.\n\n1. 60 penalty units.\n\n\n\t200 Damaging or destroying documents etc.\n\nA person must not, without lawful authority, destroy or damage any notice or document given, prepared or kept in accordance with this Act.\n\n1. 60 penalty units.\n\n\n\t201 Offences by corporations and partnerships etc.\n\n(1) If a corporation is guilty of an offence against this Act or the regulations, any officer of the corporation who was in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for that offence.\n\n(2) If in a proceeding for an offence against this Act or the regulations it is necessary to establish the intention of a corporation, it is sufficient to show that an employee or agent of the corporation had that intention.\n\n(3) A statement made by an officer of a corporation is admissible as evidence against the corporation in any proceeding against the corporation for an offence against this Act or the regulations.\n\n(4) In this section, ***officer***—\n\n(a) in relation to a corporation within the meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and\n\n(b) in relation to a corporation that is not a corporation within the meaning of that Act, means any person (by whatever name called) who is concerned or takes part in the management of the corporation—\n\nbut does not include an employee of the corporation.\n\n(5) If this Act or the regulations provide that a person, being a firm, partnership or an unincorporated association, is guilty of an offence, that reference to the person—\n\n(a) in the case of a partnership, is to be read as a reference to each member of the partnership; and\n\n(b) in the case of any other unincorporated body, is to be read as a reference to each member of the committee of management of the body.\n\nS. 202 repealed by No. 37/2021 s. 382.\n\n* * * * *\n\n\t203 Service of notices and other documents\n\n(1) Any notice or other document under this Act or the regulations required or authorised to be given or served to or upon any person may be served by—\n\n(a) giving it or serving it personally on the person; or\n\n(b) sending it by post or electronic communication to the person at that person's usual or last known place of residence or business; or\n\n(c) leaving it at that person's usual or last known place of residence with a person on the premises who is apparently at least 16 years old; or\n\n(d) leaving it at that person's usual or last known place of business with a person who is apparently employed at the premises and who is apparently at least 16 years old.\n\nS. 203(2) amended by No. 37/2021 s. 383(a).[[2]](#endnote-2)\n\n(2) Any notice or other document required to be given to or served on a provider may if the name of the provider is not known be addressed to the provider by the description of the \"provider\".\n\nS. 203(3) amended by No. 37/2021 s. 383(a).\n\n(3) If there is more than one provider, it is sufficient if the notice or other document is served on any one of them and the name of any one of them is specified with the addition of the words \"and others\".\n\n(4) This section is in addition to, and not in derogation from, sections 109X and 601CX of the Corporations Act.\n\n\t204 Delegation\n\n(1) The Minister, by instrument, may delegate any power, function or duty of the Minister under this Act or the regulations to any person or class of persons employed under Part 3 of the **Public Administration Act 2004** except—\n\n(a) this power of delegation; or\n\n(b) a power under section 166.\n\n(2) The Secretary, by instrument, may delegate any power, function or duty of the Secretary under this Act or the regulations to any person or class of persons employed under Part 3 of the **Public Administration Act 2004** except this power of delegation.\n\n(3) A delegation under subsection (1) or (2) may be made—\n\n(a) in relation to a person or class of persons specified in the instrument of delegation; or\n\n(b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.\n\nS. 204(4) inserted by No. 37/2021 s. 384.\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\nSs 205, 206 repealed by No. 37/2021 s. 385.\n\n* * * * *\n\n\t207 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\nS. 207(1) (a)−(o) repealed by No. 37/2021 s. 386(1).\n\n* * * * *\n\nS. 207(1)(p) amended by No. 37/2021 s. 386(2).\n\n(p) prescribing returns or other documents or information to be made or given to the Secretary by providers of supported residential services;\n\n(q) prescribing penalties not exceeding 20 penalty units for a contravention of the regulations;\n\n(r) prescribing any other 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) The regulations—\n\n(a) may be of general or limited application;\n\n(b) may differ according to differences in time, place or circumstances;\n\n(c) may require matters affected by the regulations to be—\n\n(i) in accordance with specified standards or specified requirements; or\n\n(ii) approved by, or to the satisfaction of, a specified person or body or a specified class of persons or bodies; or\n\n(iii) as specified in both subparagraphs (i) and (ii);\n\n(d) may 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 as amended from time to time;\n\n(e) may confer a discretionary authority or impose a duty on a specified person or body or class of persons or bodies;\n\n(f) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person;\n\n(g) may provide in a specified case or class of cases 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 such an extent as is specified.\n\nPart 11—Transitional provisions and consequential amendments\n\nDivision 1—Transitional provisions\n\n\t208 Interpretation of Legislation Act 1984\n\nNothing in this Division affects or limits the operation of the **Interpretation of Legislation Act 1984** unless the contrary intention appears.\n\n\t209 Supported residential services registered under Health Services Act 1988 before commencement\n\n(1) Subject to subsections (4) and (5), a supported residential service registered under Part 4 of the **Health Services Act 1988** immediately before the commencement of this Act is taken, on and from that commencement, to be a supported residential service registered under this Act.\n\n(2) Subject to subsections (4) and (5), on and from the commencement of this Act, a period of registration of a supported residential service specified under section 85(h) or 91(c) of the **Health Services Act 1988** is taken to be indefinite, subject to this Act, in relation to a supported residential service to which subsection (1) applies, despite anything to the contrary in a certificate of registration or a certificate of renewal of registration.\n\n(3) On and from the commencement of this Act, the number of beds, any conditions of registration and any other particulars of registration of a supported residential service under the **Health Services Act 1988** are taken to be the particulars applying to the registration under this Act.\n\n(4) A supported residential service registered under Part 4 of the **Health Services Act 1988** immediately before the commencement of this Act which is also, immediately before that commencement, premises which are recorded in the register kept under section 38J of the **Retirement Villages Act 1986** and which satisfy the requirements of section 38L of that Act—\n\n(a) despite section 5(1)(f) is taken, on and from that commencement, to be a supported residential service registered under this Act for a period of 2 years from that commencement; and\n\n**Note**\n\nSection 5(1)(f) provides that premises which are recorded in the register kept under section 38J of the **Retirement Villages Act 1986** and which satisfy the requirements of section 38L of that Act are not a supported residential service within the meaning of this Act.\n\n(b) by the end of that 2 year period the proprietor must either—\n\n(i) request that the Secretary cancel the registration of the supported residential service under this Act; or\n\n(ii) arrange for the premises to cease to be recorded in the register kept under section 38J of the **Retirement Villages Act 1986** in accordance with the requirements of section 38L of that Act.\n\n(5) If subsection (4) applies and, at the end of the 2 year period from the commencement of this Act, a proprietor has not complied with subsection (4)(b)(i) or (ii), the registration of the supported residential service under this Act by virtue of subsection (4)(a) is cancelled by virtue of this section.\n\n\t210 Pre-commencement applications\n\n(1) An application for an approval in principle under Division 1 of Part 4 or an application for variation under section 92(2)(c)(i) of the **Health Services Act 1988** that is made before the commencement of this Act in respect of which no decision has been made before that commencement must be decided in accordance with the applicable provisions of the **Health Services Act 1988** as if those provisions had not been repealed.\n\n(2) An application for registration under section 82 or an application for variation under section 92(2)(c)(ii), (iii) or (iv) of the **Health Services Act 1988** that is made before the commencement of this Act in respect of which no decision has been made before that commencement is taken, on and from that commencement—\n\n(a) to be an application for registration or an application for variation of registration, as the case requires, under this Act; and\n\n(b) must be decided in accordance with this Act.\n\n(3) An application for renewal of a registration of a supported residential service under the **Health Services Act 1988** that is made before the commencement of this Act in respect of which no decision has been made before that commencement, or to which section 88(5) of that Act applies—\n\n(a) must be decided in accordance with the applicable provisions of the **Health Services Act 1988** as if those provisions had not been repealed; and\n\n(b) without limiting section 209(1), on and from that renewal, is taken to be a supported residential service registered under this Act.\n\n\t211 Administrators\n\nOn and from the commencement of this Act, an administrator of a supported residential service appointed under section 103 of the **Health Services Act 1988** is taken to be an administrator appointed to that supported residential service under this Act with the powers and obligations of an administrator under this Act.\n\nS. 212 repealed by No. 37/2021 s. 387.\n\n* * * * *\n\n\t213 Community visitors\n\n(1) A community (residential services) visitor appointed by the Governor in Council under Part 5 of the **Health Services Act 1988** before the commencement of this Act is taken to be a community visitor appointed under Part 9 of this Act, with—\n\n(a) the functions of a community visitor set out in this Act; and\n\n(b) the terms and conditions of appointment—\n\n(i) provided by this Act; and\n\n(ii) as specified in the instrument of appointment under section 124(2) of the **Health Services Act 1988** as in force immediately before its repeal, which are taken to be terms of conditions of appointment under this Act.\n\n(2) The term of office of a person to whom subsection (1) applies continues for the period of the term of office for which the person was appointed as a community (residential services) visitor under the **Health Services Act 1988**.\n\n(3) Until such time as the Governor in Council fixes fees and travelling and other allowances under section 183(1)(c), the fees and travelling and other allowances of a community visitor under this Act are the fees and travelling and other allowances fixed under section 124 of the **Health Services Act 1988** as in force immediately before its repeal.\n\n\t214 Community (Residential Services) Visitors Board\n\n(1) On and from the commencement of this Act, the Community (Residential Services) Visitors Board established under Part 5 of the **Health Services Act 1988**—\n\n(a) subject to paragraph (b), is taken to be the same body as it was immediately before that commencement, despite the repeal of Part 5 of that Act and no decision, matter or thing is to be affected because of that repeal; and\n\n(b) continues in existence as if established under section 193.\n\n(2) On and from the commencement of this Act, all property vested in the Community (Residential Services) Visitors Board under Part 5 of the **Health Services Act 1988**, may, after that date, be used or invested by the Community (Residential Services) Visitors Board in accordance with this Act.\n\n(3) On and from the commencement of this Act, the members of the Community (Residential Services) Visitors Board in office under Part 5 of the **Health Services Act 1988** immediately before its repeal—\n\n(a) are taken to be the members of the Community (Residential Services) Visitors Board appointed under Part 9; and\n\n(b) continue in office on the same terms and conditions as those on which they were originally appointed for the remainder of their original terms as if appointed under Part 9.\n\nS. 215 amended by No. 29/2011 s. 3(Sch. 1 item 93.10), repealed by No. 37/2021 s. 387.\n\n* * * * *\n\nS. 216 amended by No. 29/2011 s. 3(Sch. 1 item 93.11), repealed by No. 37/2021 s. 387.\n\n* * * * *\n\nS. 217 amended by No. 29/2011 s. 3(Sch. 1 item 93.12), repealed by No. 37/2021 s. 387.\n\n* * * * *\n\nS. 218 repealed by No. 37/2021 s. 387.\n\n* * * * *\n\nNew s. 219 inserted by No. 40/2022 s. 67.\n\n\t219 Saving of the Supported Residential Services (Private Proprietors) Regulations 2012\n\nDespite section 5 of the **Subordinate Legislation Act 1994**, the Supported Residential Services (Private Proprietors) Regulations 2012 are taken to be in force until 1 July 2024 and continue in operation until that date and may be amended or revoked accordingly.\n\nPt 11 Div. 2, (Heading and ss 219–226) repealed by No. 49/2010 s. 234, new Pt 11 Div. 2 (Heading and new s. 220) inserted by No. 58/2025 s. 452.\n\nDivision 2—Transitional provision—Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025\n\nNew s. 220 inserted by No. 58/2025 s. 452.\n\n\t220 Renaming of Act\n\nA reference to the **Supported Residential Services (Private Proprietors) Act 2010** in any Act (other than this Act), subordinate instrument, agreement, deed or other document is to be construed as a reference to the **Supported Residential Services (Community Visitors) Act 2010**—\n\n(a) so far as the reference relates to any period on or after the commencement of Division 4 of Part 12 of the **Social Services Regulation Act 2021**; and\n\n(b) unless the context or subject matter otherwise requires.\n\nPt 11 Div. 3 (Heading and ss 227–233) repealed by No. 49/2010 s. 234.\n\n* * * * *\n\nPt 11 Div. 4 (Heading and s. 234) repealed by No. 21/2015 s. 3(Sch. 1 item 52).\n\n* * * * *\n\n\n\nEndnotes\n\n1 General information\n\nSee 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: 9 June 2010*\n\n *Legislative Council: 24 June 2010*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to regulate private supported residential services, to make consequential amendments to the **Health Services Act 1988** and several other Acts and for other purposes.\"\n\nThe **Supported Residential Services (Private Proprietors) Act 2010** was assented to on 24 August 2010 and came into operation on 1 July 2012: section 2(2).\n\nThe title of this Act was changed from the **Supported Residential Services (Private Proprietors) Act 2010** to the **Supported Residential Services (Community Visitors) Act 2010** by section 371 of the **Social Services Regulation Act 2021**, No. 37/2021.\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 **Supported Residential Services (****Community Visitors) Act 2010** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Supported Residential Services (Community Visitors) Act 2010, No. 49/2010**\n\n| Assent Date: | 24.8.10 |\n| --- | --- |\n| Commencement Date: | S. 234 on 1.6.13: s. 234 |\n| Current State: | This information relates only to the provision/s amending the **Supported Residential Services (Community Visitors) Act 2010** |\n\n\n**Statute Law Revision Act 2011, No. 29/2011**\n\n| Assent Date: | 21.6.11 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 93) on 22.6.11: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Supported Residential Services (Community Visitors) Act 2010** |\n\n\n**Co-operatives National Law Application Act 2013, No. 9/2013**\n\n| Assent Date: | 13.3.13 |\n| --- | --- |\n| Commencement Date: | S. 42(Sch. 2 item 16) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Supported Residential Services (Community Visitors) Act 2010** |\n\n\n**Mental Health Act 2014, No. 26/2014**\n\n| *Assent Date:* | 8.4.14 |\n| --- | --- |\n| *Commencement Date:* | S. 455(Sch. items 29, 37) on 1.7.14: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Supported Residential Services (Community Visitors) Act 2010** |\n\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| --- | --- |\n| *Commencement Date:* | S. 10(Sch. item 161) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Supported Residential Services (Community Visitors) Act 2010** |\n\n\n**Powers of Attorney Act 2014, No. 57/2014**\n\n| *Assent Date:* | 26.8.14 |\n| --- | --- |\n| *Commencement Date:* | S. 161 on 1.9.15: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending the **Supported Residential Services (Community Visitors) Act 2010** |\n\n\n**Statute Law Revision Act 2015, No. 21/2015**\n\n| *Assent Date:* | 16.6.15 |\n| --- | --- |\n| *Commencement Date:* | S. 3(Sch. 1 item 52) on 1.8.15: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Supported Residential Services (Community Visitors) Act 2010** |\n\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| --- | --- |\n| Commencement Date: | S. 68(Sch. 2 item 120) on 1.3.19: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Supported Residential Services (Community Visitors) Act 2010** |\n\n\n**Disability Service Safeguards Act 2018, No. 38 /2018**\n\n| Assent Date: | 28.8.18 |\n| --- | --- |\n| Commencement Date: | S. 317 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Supported Residential Services (Community Visitors) Act 2010** |\n\n\n**Guardianship and Administration Act 2019, No. 13/2019**\n\n| Assent Date: | 4.6.19 |\n| --- | --- |\n| Commencement Date: | S. 221(Sch. 1 item 51) on 1.3.20: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Supported Residential Services (Community Visitors) Act 2010** |\n\n\n**Social Services Regulation Act 2021, No. 37/2021** (as amended by Nos 40/2022, 17/2023)\n\n| Assent Date: | 21.9.21 |\n| --- | --- |\n| Commencement Date: | Ss 371–387 on 1.7.24: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Supported Residential Services (Community Visitors) Act 2010** |\n\n\n**Mental Health and Wellbeing Act 2022, No. 39/2022**\n\n| Assent Date: | 6.9.22 |\n| --- | --- |\n| Commencement Date: | S. 872 on 1.9.23: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Supported Residential Services (Community Visitors) Act 2010** |\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| --- | --- |\n| Commencement Date: | S. 67 on 6.9.22: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Supported Residential Services (Community Visitors) Act 2010** |\n\n\n**Disability and Social Services Regulation Amendment Act 2023, No. 9/2023**\n\n| Assent Date: | 23.5.23 |\n| --- | --- |\n| Commencement Date: | S. 251 on 24.5.23: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Supported Residential Services (Community Visitors) Act 2010** |\n\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| --- | --- |\n| Commencement Date: | Ss 450–452 on 9.2.26: Special Gazette (No. 50) 3.2.26 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Supported Residential Services (Community Visitors) Act 2010** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. S. 3(1) def. of ***Department***: The amendment proposed by section 373(4) of the **Social Services Regulation Act 2021**, No. 37/2021 is not included in this publication due to the earlier amendment of that definition made by section 373(3) of that Act.\n\n  Section 373(4) reads as follows:\n\n   **373 Definitions**\n\n  (4) In section 3(1) of the Principal Act, in the definition of ***Department***, for \"Health\" **substitute** \"Families, Fairness and Housing\". [↑](#endnote-ref-1)\n\n2. S. 203(2): The amendment proposed by section 383(b) of the **Social Services Regulation Act 2021**, No. 37/2021 is not included in this publication due to the earlier amendment made by section 383(a) of that Act.\n\n  Section 383(b) reads as follows:\n\n  383 Service of notice and other documents\n\n  In section 203 of the Principal Act—\n\n  (b) in subsection (2), for '\"proprietor\"' **substitute** '\"provider\"'. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act has materially shifted from being a broad registration and proprietor‑focused regulatory statute to a narrower statutory vehicle focused on community visitors and residents’ rights. Many original registration, proprietor and operational regulatory provisions have been repealed or moved into the Social Services Regulation Act 2021 (see s 3 definitions and transitional provisions ss 209–214). The Act now: (a) retains the community visitor regime (appointment, powers, offences, Board and reporting); (b) relies on the Social Services Regulation Act for provider registration and service standards; and (c) contains transitional and saving provisions to preserve pre‑existing registrations and appointments. In short, the scope narrowed and was reorganised: oversight functions remain here, while licensing/standards and much operational detail were transferred to the consolidated social services regulatory framework."},"complexity_factors":["Extensive cross‑references to other Acts (Social Services Regulation Act 2021, Health Services Act 1988, Guardianship and Administration Act 2019, Public Administration Act 2004, etc.)","Numerous amendments and repeals across multiple years incorporated (see endnotes and table of amendments)","Large number of repealed defined terms in s 3 and replacement of key concepts by external definitions (e.g. 'provider' now defined by reference)","Multiple transitional provisions converting prior registrations and appointments (ss 209–214, 219–220) with conditional time limits (e.g. 2‑year rule for retirement‑village recorded premises)","Delegation and regulatory powers that leave substantive details to regulations and delegated bodies (ss 204, 207)","Penalty regime spanning criminal and administrative breaches (ss 188–190, 199–201) with corporate liability (s 201)","Conditional inspection powers with privacy exceptions (s 187(2)) and secrecy obligations with enumerated exceptions (s 196)","Interlocking institutional arrangements (Minister, Governor in Council, Secretary, Regulator, Public Advocate, Community Visitors Board) each with distinct roles and reporting lines (ss 182–195, 204)","Renaming and re‑scoping of the Act (s 220) which changes interpretive context for other instruments","Presence of provisions left to subordinate instruments (prescribed forms, prescribed regions, service requirements) increases external complexity"],"plain_english_summary":"**What this Act does, mechanically (short version)**\n\n- The Act sets out a statutory scheme for community visitors to privately run supported residential services (places that provide accommodation plus personal support to people who need some help living independently). Key provisions are in Part 9 (ss 182–196) which: (a) create the office of community visitor (s 182); (b) fix appointment terms and limits (s 183); (c) give community visitors functions to inspect services, pursue complaints and raise other concerns (s 184); (d) give visiting powers to enter premises, speak to residents and inspect certain records (s 187); and (e) create offences for obstructing visitors, refusing reasonable assistance or giving false answers (ss 188–190, 199). The Act also contains an objective and principles about residents’ rights (ss 6–8), secrecy/confidentiality obligations on visitors (s 196), reporting obligations (ss 194–195) and enforcement, delegation and regulation-making powers (ss 201–207, 204).\n\n- The Act now relies heavily on the Social Services Regulation Act 2021 and other statutes for definitions, registration and service standards: many original registration and proprietor provisions were repealed or replaced and 'provider' is defined by reference to the Social Services Regulation Act (s 3). Transitional provisions (ss 209–214, 219–220) convert legacy registrations and preserve existing community visitors/boards while the newer regulatory framework began.\n\n**Who is affected**\n\n- Residents of supported residential services (people living in these private care homes) — the Act records their rights (privacy, dignity, freedom from abuse) and provides a route (community visitors) to check service delivery and complaints (ss 6–8, 184).\n- Providers (formerly called proprietors) and their staff — they must give reasonable assistance to visitors, answer questions truthfully, keep visit records and not obstruct or threaten visitors (ss 187–192, 199). Contraventions attract monetary penalties measured in penalty units.\n- Community visitors, the Community (Residential Services) Visitors Board, the Public Advocate and the Department/Secretary — the Act sets appointment, reporting and delegation rules (ss 182–195, 204).\n- The Regulator and other agencies named in other Acts (Social Services Regulation Act 2021, Guardianship and Administration Act 2019, Health Practitioner National Law, etc.) — the Act cross‑refers to and shares responsibilities with those regimes (s 3 definitions; multiple transitional clauses).\n\n**Why it matters (practical, mechanical effects)**\n\n- It creates an independent inspection and complaint‑follow up mechanism (community visitors) with statutory powers to enter premises, talk to residents and inspect many on‑site records (s 187). That changes incentives for providers: routine external scrutiny increases the compliance burden (time and recordkeeping) and raises the cost of failing standards (penalties, adverse reports).\n\n- It centralises certain regulatory definitions and standards under the Social Services Regulation Act 2021 (s 3 and transitional provisions). Practically, that shifts licensing, standards and ongoing regulation away from the original Act and into a consolidated social services regulatory framework. Providers now answer to a different statutory regime for registration and standards, which can change compliance costs and the administrative path for variations, renewals and enforcement (see ss 209–214 and the new definition of “provider” in s 3).\n\n- It places confidentiality duties on community visitors (s 196) but preserves limited disclosure routes (courts, authorised acts, consent). That balances residents’ privacy against the need for reporting and legal accountability.\n\n**Costs, incentives and trade‑offs to note (source‑grounded)**\n\n- Who pays: providers bear direct compliance costs (responding to visits, record keeping, arranging visits on request within 2 days (s 191(2)), potential liability for penalties (ss 188–190, 199–200)). Indirectly, residents may benefit from improved oversight; taxpayers fund community visitor appointments and the Board.\n\n- Who decides: the Minister nominates community visitors; the Governor in Council appoints them (s 182); the Secretary may delegate powers and can delegate to the Regulator under the Social Services Regulation Act (s 204(4)). Regulations may leave substantive matters to be set later (s 207(2)(f)). Those layers give Ministers and delegated officials significant discretion over implementation and operational detail.\n\n- Compliance burden and implementation risk: providers must maintain prescribed records of visits (s 192) and comply with inspections. The Act cross‑references multiple other statutes for definitions and standards; this dependence increases legal complexity for providers who must track rules across several Acts and subordinate instruments.\n\n- Effects on private operation and market behaviour: shifting registration and standards into the Social Services Regulation Act and renaming ‘proprietor’ to ‘provider’ (s 3) consolidates oversight. That can raise compliance costs for some small operators, and may favour operators with administrative capacity. There is no explicit price control in this Act, but higher compliance/inspection costs can feed into provider pricing decisions.\n\n- Concentrated benefits and diffuse costs: the immediate beneficiaries (residents and people/agencies advocating for them) receive a concentrated oversight benefit. Costs (administrative, recordkeeping, possible penalties) fall diffusely across all providers.\n\n- Enforcement and discretion: the Act creates criminal and civil penalties for non‑cooperation and false records (ss 188–190, 199–200) and gives the Minister and Secretary delegation power (s 204). The regulations (s 207) can set standards, exemptions and penalties up to 20 penalty units, so important operational detail is left to secondary instruments.\n\n**Concrete behavioural changes the Act mandates**\n\n- Providers must facilitate visits and supply reasonable assistance to community visitors and arrange requested visits within 2 days (ss 186, 191).\n- Staff must answer visitor questions truthfully and allow access to records (ss 187, 189). Medical and personnel records remain protected without consent (s 187(2)).\n- Community visitors must keep confidential information acquired in the course of duty, except in specified cases (s 196).\n\n**Where this Act sits now, structurally**\n\n- The Act’s original broad registration and proprietor regime has been narrowed: many former registration and proprietor provisions are repealed and replaced by cross‑references to the Social Services Regulation Act 2021 (see s 3 and transitional provisions ss 209–214). The Act’s current core role is to establish and regulate community visitors, define residents’ principles and provide inspection/offence powers. The Act therefore functions as the statutory home for community visitor powers while broader provider regulation lives in the Social Services Regulation Act."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has been radically narrowed from its original scope. When enacted in 2010 as the 'Supported Residential Services (Private Proprietors) Act', it was a comprehensive regulatory scheme covering: registration of services, approval of managers, compliance notices, financial protections for residents' money, prohibited transactions, condition reports, and enforcement powers. The 2021 amendments repealed approximately 75% of the Act (Parts 3–8), transferring all regulatory functions to the Social Services Regulation Act 2021. The Act now serves a single purpose: establishing the community visitor advocacy scheme. The 2025 amendment formally renamed the Act to reflect this narrowed focus, changing from 'Private Proprietors' to 'Community Visitors'."},"complexity_factors":["Extensive repeal history — Parts 3, 4, 5, 6, 7, and 8 (approximately 125 sections) were repealed by the Social Services Regulation Act 2021, leaving fragmented numbering and cross-references","Multiple amending Acts (13+) with complex interaction notes in endnotes explaining why certain amendments weren't included due to 'earlier amendments'","Definitions rely heavily on external legislation — 'supported residential service', 'resident', and 'provider' are all defined by reference to the Social Services Regulation Act 2021, creating dependency complexity","Transitional provisions in Part 11 preserve pre-2012 registrations and appointments under repealed Health Services Act 1988 provisions, requiring historical knowledge to interpret current status","Nested secrecy exceptions in section 196 with four separate carve-outs from the general prohibition on disclosing information","Dual delegation pathways (Minister and Secretary) with specific exclusions and a special delegation to the 'Regulator' under the Social Services Regulation Act 2021"],"plain_english_summary":"**What this law does:**\n\nThis Act establishes a system of **community visitors** — independent advocates who inspect supported residential services (SRS) in Victoria to protect vulnerable residents. These are private facilities providing accommodation and personal care (help with hygiene, mobility, medication, meals, etc.) to people who need support but don't require nursing home-level care.\n\n**Who it affects:**\n\n- **Residents** of supported residential services — giving them rights to dignity, privacy, and advocacy\n- **Providers** (operators) of these services — who must allow access, answer questions truthfully, and keep records of visits\n- **Community visitors** — appointed by the Governor in Council for 3-year terms to conduct unannounced inspections\n- The **Public Advocate** and **Community (Residential Services) Visitors Board** — who oversee the visitor program\n\n**Key protections:**\n\n- Community visitors can enter premises, speak with residents, examine records (except medical/personnel records without consent), and investigate complaints\n- **Offences** apply for obstructing visitors (up to 60 penalty units), giving false answers, or refusing assistance\n- Residents can **request** a community visitor visit, which providers must facilitate within 2 days\n- Strict **secrecy provisions** protect resident information\n\n**Why it matters:**\n\nThis is essentially a **watchdog mechanism** for a vulnerable population — often elderly people or those with disabilities living in privately-run facilities. The Act ensures someone independent can check that standards are met and residents aren't being neglected, abused, or exploited. The 2021 amendments stripped out most regulatory functions (registration, compliance, enforcement) and transferred them to the *Social Services Regulation Act 2021*, leaving this Act focused purely on the community visitor scheme — hence the name change from \"Private Proprietors\" to \"Community Visitors\".\n\n**Important context:**\n\nThe Act originally did much more (registration, compliance notices, financial protections for residents' money) but was **heavily gutted in 2021**. Parts 3–8 were completely repealed, removing dozens of sections about registration, conditions, and enforcement. What's left is essentially a **skeleton framework** for community visitors plus some transitional provisions."},"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The renaming from 'Supported Residential Services (Private Proprietors) Act 2010' to 'Supported Residential Services (Community Visitors) Act 2010' strongly suggests a shift in legislative focus — from regulating the duties and obligations of private proprietors/operators, to centring the community visitor oversight mechanism. This implies the scope evolved from a proprietor-compliance framework toward a resident-protection and independent-monitoring model."},"complexity_factors":["Operates within a broader regulatory ecosystem for supported residential services, requiring cross-referencing with other Victorian legislation","Defines roles, powers, and limitations of community visitors with legal precision that has practical nuance","Interacts with privacy law, human rights obligations (Victorian Charter of Human Rights), and disability/mental health frameworks","The name change from 'Private Proprietors' to 'Community Visitors' suggests substantive amendments that may have shifted obligations and rights across versions","Limited publicly available analytical material makes independent assessment harder for laypeople"],"plain_english_summary":"The Act creates a community visitors program for privately-run Supported Residential Services (SRS), authorising independent visitors to enter facilities, speak privately with residents, and report concerns.  \n\nIt affects residents of SRS, their proprietors, and the visitors themselves — providing independent oversight to protect vulnerable, often isolated people in private supported accommodation and hold operators to account."}},"importantCases":[],"_links":{"self":"/api/acts/supported-residential-services-community-visitors-act-2010","history":"/api/acts/supported-residential-services-community-visitors-act-2010/history","analysis":"/api/acts/supported-residential-services-community-visitors-act-2010/analysis","conflicts":"/api/acts/supported-residential-services-community-visitors-act-2010/conflicts","importantCases":"/api/acts/supported-residential-services-community-visitors-act-2010/important-cases","documents":"/api/acts/supported-residential-services-community-visitors-act-2010/documents"}}