Part 5B
Enforcement and monitoring of compliance with section 16M 70
Part 5B—Enforcement and monitoring of compliance with section 16M 70
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Part 5B—Enforcement and monitoring of compliance with section 16M 70
Division 1—Reportable conduct authorised officers 70
16ZO Appointment of reportable conduct authorised officer 70
16ZP Identity card for reportable conduct authorised officer 70
16ZQ Production of identity card 71
Division 2—Powers of entry and inspection 72
16ZR Powers of reportable conduct authorised officers to enter premises 72
16ZS Notice required for entry with consent 75
16ZT Powers after entry and consent 77
16ZU Acknowledgement of document or thing seized during entry with consent 78
16ZV Application for warrant 79
16ZW Entry under warrant 81
16ZX Powers after entry under warrant 81
16ZY Failure to provide assistance 84
16ZZ Powers after entry without consent or warrant 84
16ZZA Acknowledgment of seizure during entry without consent 87
16ZZB Failure to provide assistance 88
16ZZC Protection against self-incrimination 88
16ZZD Reportable conduct authorised officer may interview child 89
16ZZE Affidavits 90
16ZZF Seizure of documents and things 90
16ZZG Destruction of seized document or thing 92
16ZZH Offence to obstruct or impersonate reportable conduct authorised officer 92
Division 3—Notices to produce and notices to comply 93
16ZZI Notice to produce 93
16ZZJ Reportable conduct notice to comply 94
16ZZK Failure to comply with notice to produce or reportable conduct notice to comply 95
16ZZL Application for a declaration and order to pay a civil penalty 95
16ZZM Infringement notices 97
16ZZN Pending criminal or civil proceedings 97
16ZZO Power to bring a proceeding 98
16ZZP Internal review of decisions to issue notices under this Part 99
16ZZQ Review by VCAT of decision to give notice to comply 99
16ZZR Complaints 100
Part 6—Child Safe Standards 102
Division 1—Child Safe Standards 102
17 Minister may make Child Safe Standards 102
19 Schedule 1 entities must comply with Child Safe Standards 103
20 Prescribed applicable entity must comply with Child Safe Standards 104
21 Applicable entity belonging to a prescribed class must comply with Child Safe Standards 104
22 Exemption from requirement to comply with Child Safe Standards 105
23 Application of Child Safe Standards to businesses not carried on by certain entities 105
23A Compliance with Child Safe Standards generally 106
Division 2—The Social Services Regulator 106
24 Objectives of Social Services Regulator 106
25 Functions and powers of the Social Services Regulator 107
25A Guidance notes on Child Safe Standards 109
Division 2A—Sector regulators and integrated sector regulators 109
25B Sector regulators 109
25C Multiple sector regulators or integrated sector regulators 110
25D Functions and powers of sector regulators 111
25E Delegation by certain sector regulators 113
25F Integrated sector regulators 113
25G Functions and powers of integrated sector regulators 114
25H Delegation by certain integrated sector regulators 114
Division 3—Monitoring and enforcement of compliance with the Child Safe Standards 115
26 Sector regulator may authorise persons to assist 115
27 Appointment of authorised officers 115
28 Identity cards 116
29 Production of identity card 117
29A Powers of authorised officers to enter premises 117
29B Notice required for entry with consent 121
29C Powers after entry and consent 122
29D Acknowledgement of document or thing seized during entry with consent 124
29E Application for warrant 125
29F Entry under warrant 127
29G Powers after entry under warrant 127
29H Failure to provide assistance 130
29I Powers after entry without consent or warrant 130
29J Acknowledgment of seizure during entry without consent 134
29K Failure to provide assistance 135
29L Authorised officer may interview child 135
29M Affidavits 135
29N Seizure of documents and things 136
29O Destruction of seized document or thing 137
29P Offence to obstruct authorised officer 138
29Q Offence to impersonate authorised officer 138
29R Complaints 138
29S Power to bring proceedings 139
30 Notice to produce 140
31 Notice to comply 141
32 False or misleading information 143
32A Criminal liability of officers of relevant entities—failure to exercise due diligence 143
32B Immunity 145
32C Nomination of proper defendant 146
33 Application to court 147
34 Civil penalty 149
34A Injunctions 150
34B Interim injunctions 151
34C Adverse publicity orders 151
34D Offence to fail to comply with notice to produce or notice to comply 152
34E Pending criminal or civil proceedings 153
35 Reasonable excuse 154
36 Assistance to be provided 154
36A Official warnings 155
36B Infringement notices 156
36C Enforceable undertakings 156
36D Sector regulators must maintain register of undertakings 157
36E No proceedings while enforceable undertaking in force 159
36F Proceedings following withdrawal of enforceable undertaking 159
36G No further proceedings if enforceable undertaking complied with 160
36H Enforcement of undertakings 160
36I Sector regulator may publish details of non-compliance 161
39 Service of documents under Part 6 162
Division 4—Information collection, use and disclosure powers of Social Services Regulator, sector regulators and integrated sector regulators 163
40 Definitions 163
40A Request by relevant person for information or documents 166
40B Notice of use of information or document 167
41 Matters relevant to disclosures of information or documents 168
41A Disclosures made in good faith 168
41B Disclosure for purposes of functions or powers permitted 169
41BA Disclosure to certain individuals permitted 170
41C Disclosure by relevant person of protected information to another relevant person 172
41D Disclosure to report concerns permitted 172
41E Disclosure to protect child permitted 173
41F Disclosure to court or tribunal permitted 173
41G Disclosure to obtain legal advice permitted 173
41H Disclosing information to other authorities 174
41HA Disclosure of protected information by relevant persons prohibited 178
Division 5—Review 178
41I Internal review 178
41J Application to the Victorian Civil and Administrative Tribunal 179
Division 6—Reporting 180
41K Report of compliance by relevant entities with Child Safe Standards 180
41KA Social Services Regulator may request information for reports 183
41L Matters to be included in annual report must not include identifying information 184
41M Opportunity to respond to adverse comment or opinion in report 184
Division 7—Reporting to Parliament 185
41N Application of Division 185
41O Giving the report to Parliament 186
Part 6A—Information sharing 188
Division 1—Preliminary 188
41P Definitions 188
41Q Meaning of excluded information 189
41R Meaning of information sharing entity 190
41S Meaning of restricted information sharing entity 190
41T Application of this Part to courts and tribunals 192
41U Principles 192
Division 2—Information sharing 194
41V Voluntary disclosure for wellbeing or safety of children 194
41W Request for confidential information for wellbeing or safety of children 195
41X Further disclosure of confidential information 196
41Y Voluntary disclosure to child or person with parental responsibility or with whom child is living 196
41Z Collection and use of confidential information 197
Division 3—Guidelines, protected disclosures and recording requirements 197
41ZA Guidelines 197
41ZB Use and disclosure in good faith protected 199
41ZC Recording requirements 199
Division 4—Relationship of this Part with other Acts 199
41ZD Information sharing entities under the Family Violence Protection Act 2008 199
41ZE Part does not affect handling of confidential information permitted by other Acts 200
41ZF Restrictions on access to confidential information 200
41ZG Application of Privacy and Data Protection Act 2014 to certain information sharing entities and restricted information sharing entities 201
41ZH Information sharing entities and restricted information sharing entities authorised to disclose confidential information despite specified provisions 201
41ZI Disclosure of confidential information is not breach of Family Violence Protection Act 2008 201
41ZJ Disclosure of confidential information is not breach of Judicial Proceedings Reports Act 1958 202
Division 5—Offences 202
41ZK Unauthorised use and disclosure of confidential information collected under this Part 202
41ZL Intentional or reckless unauthorised use and disclosure of confidential information 204
41ZM False claim that person is or represents an information sharing entity or a restricted information sharing entity 206
Division 6—Review 207
41ZN Review of operation of Part within 2 years 207
41ZO Review of operation of Part within 5 years 207
Part 7—Birth notification 208
42 Application of Part 208
43 Early notification of births 208
44 How must the birth notice be given? 208
45 What must be done once notice is received? 209
46 Offence to fail to give notice 209
Part 7A—Child Link Register 211
Division 1—Definitions 211
46A Definitions 211
Division 2—The Child Link Register 214
46B The Child Link Register 214
46C Secretary must create Child Link entry and allocate Child Link identifier 215
46D Particulars to be included in the Register 217
46E Secretary may decide not to record information on the Register 220
46F Entry in the Register for child who turns 18, leaves school or dies 220
Division 3—Secretary authorised to collect, use and disclose information for Register purposes 221
46G Secretary authorised to collect, use and disclose information for purposes of establishing and maintaining the Register 221
46H Secretary authorised to collect and use information for purposes of data management 222
46I Disclosure of information to the Secretary 224
46J No consent required 225
Division 4—Access to Child Link Register and use and disclosure of information contained in the Register 225
46K Who is a Child Link user? 225
46L Delegation 229
46M Child Link users may access and use confidential information in the Register 230
46N Secretary may remove Child Link user access to the Register 230
46O Use and disclosure of de-identified information derived from the Register 232
46P Restrictions on access to confidential information 232
46Q Person authorised to disclose confidential information despite specified provisions 233
46R Application of Privacy and Data Protection Act 2014 to certain Child Link users 233
Division 5—Guidelines 234
46S Guidelines 234
Division 6—Offences 235
46T Unauthorised access to the Register 235
46U Access to the Register for unauthorised purpose 235
46V Unauthorised use and disclosure of confidential information contained in the Register 236
46W Intentional or reckless unauthorised use and disclosure of confidential information contained in the Register 237
Division 7—Review of operation of Part 238
46X Review of operation of Part within 2 years 238
Division 8—Transitional provisions 239
46Y Secretary may create entries in the Register 239
46Z Appointed days for application of section 46M and Schedule 6 to Child Link users 239
Part 7B—Qualifications required for maternal and child health nurses 241
46ZAA Maternal and Child Health Centres 241
46ZAB State-wide telephone services 241
46ZAC Part not to affect employment contracts or workplace instruments 242
Part 8—General 243
Division 1—Offences by bodies corporate 243
46ZA Imputing conduct to bodies corporate 243
46ZB Criminal liability of officers of bodies corporate—accessorial liability 243
Division 2—Regulations 245
46ZC Information sharing and Child Link regulation making power 245
46ZD Maternal and child health nurse regulation making power 249
46ZE Child Safe Standards regulation making power 251
47 General regulation making power 252
Part 9—Transitional provisions 254
Division 1—Children Legislation Amendment (Reportable Conduct) Act 2017 254
48 Children Legislation Amendment (Reportable Conduct) Act 2017 254
Division 2—Children Legislation Amendment (Information Sharing) Act 2018 254
49 Children Legislation Amendment (Information Sharing) Act 2018 254
Division 3—Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021 255
50 Definitions 255
51 Pending investigations 255
52 Investigation of conduct before commencement day 256
Division 4—Transitional provisions—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self‑determination and Other Matters) Act 2023 258
53 Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023 258
54 Transitional regulations—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023 259
Division 5—Transitional provisions—Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025 260
55 Definitions 260
56 Guidance notes 260
57 Authorised officers 260
58 Identity cards 261
59 Pending matters 261
60 Seized documents and things 262
61 Official warnings 263
62 Enforceable undertakings 263
63 Transfer of information to Social Services Regulator 263
64 Continued protection of information 264
65 Relevant date 265
66 List of staff 265
67 Transfer of staff to Regulator 265
68 Exemptions 267
69 Investigation of reportable allegations 267
70 Notice to produce 267
71 Reportable conduct notice to comply 268
72 Application for declaration and order that entity pay a civil penalty 268
73 Reportable conduct authorised officers and their identity cards 268
74 Power to bring a proceeding 269
75 Complaints 269
76 Things commenced by the Commission before the commencement day under Parts 5A and 5B 269
77 Regulations dealing with transitional matters 270
Schedule 1—Entities subject to Child Safe Standards 272
Schedule 3—Entities to which the reportable conduct scheme applies on and after commencement of Part 5A 277
Schedule 4—Entities to which the reportable conduct scheme applies 6 months after commencement of Part 5A 279
Schedule 5—Entities to which the reportable conduct scheme applies 18 months after commencement of Part 5A 280
Schedule 6—Child Link users and purposes of access, use and disclosure 281
Schedule 7—Specified provisions 290
Endnotes 291
1 General information 291
2 Table of Amendments 293
3 Explanatory details 298
Version No. 046
Child Wellbeing and Safety Act 2005
No. 83 of 2005
Version incorporating amendments as at
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to establish principles for the wellbeing of children; and
(b) to establish the Victorian Children's Council; and
(c) to establish the Children's Services Co‑ordination Board; and
S. 1(d) repealed by No. 79/2012 s. 73, new s. 1(d) inserted by No. 63/2015 s. 4.
(d) to provide for the Minister to make standards in relation to child safety with which certain entities must comply; and
S. 1(da) inserted by No. 23/2021 s. 4(1).
(da) to provide for sector regulators and integrated sector regulators; and
S. 1(e) repealed by No. 79/2012 s. 73, new s. 1(e) inserted by No. 63/2016 s. 4, amended by Nos 23/2021 s. 4(2), 58/2025 s. 28(a).
(e) to provide for the oversight and enforcement by the Social Services Regulator, sector regulators and integrated sector regulators of compliance by certain entities with standards in relation to child safety; and
S. 1(ea) inserted by No. 11/2018 s. 4(a).
(ea) to enable specified entities to share confidential information in a timely and effective manner in order to promote the wellbeing and safety of children; and
(f) to provide for the notification of births to municipal councils; and
S. 1(fa) inserted by No. 4/2017 s. 4, amended by No. 58/2025 s. 28.
(fa) to provide for a scheme for the reporting to the Social Services Regulator of allegations of reportable conduct or misconduct that may involve reportable conduct committed by employees within or connected to certain entities, the oversight by the Social Services Regulator of investigations of those allegations and the administration of the scheme by the Social Services Regulator; and
S. 1(fb) inserted by No. 11/2018 s. 4(b).
(fb) to establish the Child Link Register to improve child wellbeing and safety outcomes for, and to monitor and support the participation in government-funded programs and services by, children born or resident in Victoria; and
(g) to repeal Part IX of the Health Act 1958.
2 Commencement
(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into operation before 1 October 2007, it comes into operation on that day.
S. 3 amended by No. 63/2015 s. 5(3) (ILA s. 39B(1)).
3 Definitions
(1) In this Act—
S. 3(1) def. of applicable entity inserted by No. 63/2015 s. 5(2), amended by No. 4/2018 s. 3(1)(a).
applicable entity means—
(a) an incorporated body or association; or
(b) an unincorporated body or association (however structured); or
(c) an individual who—
(i) carries on a business; and
(ii) engages contractors, employees or volunteers to assist the business in providing services or facilities or in producing or providing goods;
S. 3(1) def. of Associate Social Services Regulator inserted by No. 58/2025 s. 29(2).
Associate Social Services Regulator means an Associate Social Services Regulator appointed under section 18A of the Social Services Regulation Act 2021;
S. 3(1) def. of authorised officer inserted by No. 23/2021 s. 5(2).
authorised officer means a person appointed to be an authorised officer under section 27;
S. 3(1) def. of authorised person repealed by No. 79/2012 s. 74(1),
new def. of authorised person inserted by No. 63/2016 s. 5, substituted by Nos 23/2021 s. 5(3), 58/2025 s. 29(1).
authorised person means a person authorised under section 26;
S. 3(1) def. of authorised representative inserted by No. 11/2018 s. 5(a).
authorised representative, in relation to an individual, means a person—
(a) who is an authorised representative, within the meaning of section 28(6) of the Privacy and Data Protection Act 2014, of that individual; and
(b) who is not a person of concern within the meaning of section 144B of the Family Violence Protection Act 2008; and
(c) who is not alleged to pose a risk of family violence;
S. 3(1) def. of authorising Act inserted by No. 23/2021 s. 5(2).
authorising Act, in relation to an integrated sector regulator, means—
(a) the Act under which the integrated sector regulator is established or continued; or
(b) an Act prescribed for that integrated sector regulator;
S. 3(1) def. of category 1 entity inserted by No. 63/2015 s. 5(2), amended by No. 4/2018 s. 3(2)(a), repealed by No. 23/2021 s. 5(1).
S. 3(1) def. of category 2 entity inserted by No. 63/2015 s. 5(2), amended by No. 4/2018 s. 3(2)(b), repealed by No. 23/2021 s. 5(1).
S. 3(1) def. of category of entity inserted by No. 23/2021 s. 5(2).
category of entity means—
(a) an item in Schedule 1; or
(b) any other category (however described) of relevant entity in relation to which a sector regulator—
(i) is prescribed; or
(ii) is allocated under Part 6;
S. 3(1) def. of central register substituted by No. 96/2005 s. 604(1)(a), repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of Chief Commis-sioner of Police inserted by No. 4/2017 s. 5(1).
Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;
S. 3(1) def. of child amended by Nos 11/2018 s. 5(b), 23/2021 s. 5(4).
child means (other than in Part 6A) a child or young person who is under the age of 18 years;
S. 3(1) def. of child abuse inserted by No. 63/2015 s. 5(2), amended by No. 47/2016 s. 33.
child abuse includes—
(a) any act committed against a child involving—
(i) a sexual offence; or
(ii) an offence under section 49M(1) of the Crimes Act 1958; and
(b) the infliction, on a child, of—
(i) physical violence; or
(ii) serious emotional or psychological harm; and
(c) the serious neglect of a child;
S. 3(1) def. of Child Safe Standards inserted by No. 63/2015 s. 5(2).
Child Safe Standards means the standards made under section 17(1);
S. 3(1) def. of Child Safety Commis-sioner repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of Commission inserted by No. 63/2016 s. 5.
Commission means the Commission for Children and Young People established by section 6 of the Commission for Children and Young People Act 2012;
S. 3(1) def. of confidential information inserted by No. 11/2018 s. 5(a).
confidential information means—
(a) health information; or
(b) personal information; or
(c) sensitive information within the meaning set out in Schedule 1 to the Privacy and Data Protection Act 2014; or
(d) unique identifiers; or
(e) identifiers within the meaning of the Health Records Act 2001;
S. 3(1) def. of correspon-ding reportable conduct law inserted by No. 58/2025 s. 3.
corresponding reportable conduct law means a law of another State or a Territory that substantially corresponds to Part 5A;
S. 3(1) def. of correspon-ding reportable conduct regulator inserted by No. 58/2025 s. 3, amended by No. 58/2025 s. 55(Sch. 1 item 1.1(a)).
corresponding reportable conduct regulator means an entity (however described) that has functions and powers under a corresponding reportable conduct law which substantially correspond to the functions and powers conferred on the Social Services Regulator by Part 5A;
S. 3(1) def. of council amended by No. 9/2020 s. 390(Sch. 1 item 15).
council has the same meaning as it has in the Local Government Act 2020;
S. 3(1) def. of court inserted by No. 63/2016 s. 5, amended by No. 11/2018 s. 5(c).
court means (other than in Parts 6A and 7A) the Magistrates' Court;
S. 3(1) def. of Department inserted by No. 63/2016 s. 5.
Department has the same meaning as it has in the Public Administration Act 2004;
S. 3(1) def. of employee inserted by No. 4/2017 s. 5(1), amended by Nos 4/2018 s. 3(1)(b), 17/2023 ss 19(2), 53.
employee, in relation to an entity to which the reportable conduct scheme applies, means a person of or over the age of 18 years who is—
(a) employed by the entity, whether or not the person is employed in connection with any work or activities of the entity that relate to children; or
(b) engaged by the entity to provide services, including as a volunteer, contractor, office holder or officer, whether or not the person provides services to children; or
(ba) a person who—
(i) is supplied to the entity by a provider for whom the person is a worker or volunteer worker; and
(ii) performs work in and as part of the business or undertaking of the entity under the direction, supervision or control of the entity, whether or not the work relates to children; or
Examples
A relief teacher in a school.
An agency nurse working in a hospital.
(bb) a secondee to the entity who performs work in and as part of the business or undertaking of the entity under the direction, supervision or control of the entity, whether or not the work relates to children; or
(bc) if the entity is an applicable entity who is an individual, the individual; or
(bd) engaged by the entity through another body of which the person is a director or other office holder, whether or not the person provides services to children; or
Example
A sole director of a company that has entered into a contract for services with the entity, provided that the director performs work for the entity.
(c) if the entity is a religious body (within the meaning of section 81 of the Equal Opportunity Act 2010)—a minister of religion, a religious leader or an employee (within the meaning of paragraph (a) or (b)) or officer of the religious body; or
(d) either—
(i) a foster carer approved by the provider of an out of home care service with whom a child is or has been placed in accordance with the Children, Youth and Families Act 2005 or an order made under that Act; or
(ii) a family member or other person of significance to a child with whom the child is or has been placed in out of home care, or who is supervised in that care, by the entity, or the head of the entity, under the Children, Youth and Families Act 2005 or in accordance with an order made under that Act—
and—
(iii) a permanent care order has not been made in respect of the child; or
(iv) a permanent care order has been made in respect of the child and a reportable allegation in relation to the child is made concerning the permanent carer in respect of the period before the making of the order; or
(e) a person in a prescribed class of person—
but does not include a person in a class of person prescribed not to be an employee;
S. 3(1) def. of entity to which the reportable conduct scheme applies inserted by No. 4/2017 s. 5(1).
entity to which the reportable conduct scheme applies means—
(a) on and after the commencement of Part 5A, an entity referred to in Schedule 3; and
(b) on and after 6 months after the commencement of Part 5A, an entity referred to in Schedule 4; and
(c) on and after 18 months after the commencement of Part 5A, an entity referred to in Schedule 5; and
(d) on and after a prescribed date in relation to that entity or class of entities, a prescribed entity or an entity belonging to a prescribed class of entities;
S. 3(1) def. of family violence inserted by No. 11/2018 s. 5(a).
family violence has the same meaning as in the Family Violence Protection Act 2008;
S. 3(1) def. of guardian inserted by No. 23/2021 s. 19.
guardian includes—
(a) a guardian within the meaning of the Guardianship and Administration Act 2019; or
(b) in the case of a child, a person with parental responsibility for the child;
S. 3(1) def. of head inserted by No. 4/2017 s. 5(1), substituted by No. 4/2018 s. 3(1)(c), amended by No. 58/2025 s. 55(Sch. 1 item 1.1(b)).
head, in relation to an entity to which the reportable conduct scheme applies, means—
(a) if the entity is a Department, the Secretary to the Department or the delegate of the Secretary; or
(b) if the regulations prescribe a person or a class of persons as the head of an entity, the prescribed person or a person belonging to the prescribed class of persons; or
(c) in any other case—
(i) the chief executive officer of the entity (however described); or
(ii) if there is no chief executive officer, the principal officer of the entity (however described); or
(iii) if there is no chief executive officer or principal officer, a person, or the holder of a position, in the entity nominated by the entity and approved by the Social Services Regulator;
S. 3(1) def. of head of a relevant entity inserted by No. 63/2016 s. 5.
head of a relevant entity means—
(a) an individual who is primarily responsible for—
(i) engaging and terminating the engagement of the relevant entity's employees; and
(ii) managing the relevant entity's employees; or
(b) a person nominated by the relevant entity; or
(c) a person or class of person prescribed to be a head of a relevant entity;
S. 3(1) def. of health information inserted by No. 11/2018 s. 5(a).
health information has the same meaning as in section 3(1) of the Health Records Act 2001;
S. 3(1) def. of health professional substituted by Nos 97/2005 s. 182(Sch. 4 item 9), 13/2010 s. 51(Sch. item 11.1), repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of health service repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of human service amended by Nos 23/2006 s. 233, 80/2011 s. 79(Sch. item 1), repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of independent investigator inserted by No. 4/2017 s. 5(1).
independent investigator means an independent body or person with appropriate qualifications, training or experience to investigate reportable allegations;
S. 3(1) def. of information sharing entity inserted by No. 11/2018 s. 5(a).
information sharing entity has the meaning set out in section 41R;
S. 3(1) def. of integrated sector regulator inserted by No. 23/2021 s. 5(2).
integrated sector regulator has the meaning set out in section 25F;
Maternal and Child Health Centre means a centre where health advice is given to the parents and other caregivers of children under 6 years of age;
S. 3(1) def. of medical practitioner inserted by No. 13/2010 s. 51(Sch. item 11.2), repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of midwife inserted by No. 13/2010 s. 51(Sch. item 11.2).
midwife means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b) in the register of midwives kept for that profession;
S. 3(1) def. of municipal district amended by No. 9/2020 s. 390(Sch. 1 item 15).
municipal district has the same meaning as it has in the Local Government Act 2020;
S. 3(1) def. of notice to comply inserted by No. 63/2016 s. 5.
notice to comply, in Part 6, means a notice given to a relevant entity under section 31;
S. 3(1) def. of notice to produce, in Part 5A inserted by No. 4/2017 s. 5(1).
notice to produce, in Part 5A, means a notice given to an entity under section 16ZG;
S. 3(1) def. of notice to produce, in Part 5B inserted by No. 17/2023 s. 22.
notice to produce, in Part 5B, means a notice given to a person under section 16ZZI;
S. 3(1) def. of notice to produce, in Part 6 inserted by No. 63/2016 s. 5.
notice to produce, in Part 6, means a notice given to a relevant entity under section 30;
S. 3(1) def. of nurse inserted by No. 13/2010 s. 51(Sch. item 11.2), amended by Nos 79/2012 s. 74(2), 63/2015 s. 5(1).
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);
S. 3(1) def. of occupier inserted by No. 23/2021 s. 19.
occupier in relation to any premises or place, includes a person present at the premises or place who is in apparent control of the premises or place;
S. 3(1) def. of
out of home care service substituted by No. 96/2005 s. 604(1)(b), repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of performance standards substituted by No. 96/2005 s. 604(1)(c), repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of permanent care order inserted by No. 4/2017 s. 5(1).
permanent care order has the same meaning
as in the Children, Youth and Families Act 2005;
S. 3(1) def. of personal information inserted by No. 11/2018 s. 5(a).
personal information has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;
S. 3(1) def. of post-secondary qualification repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of provider inserted by No. 17/2023 s. 19(1).
provider, in relation to a worker or volunteer worker, means a person who, in the course of conducting a business or undertaking, supplies one or more individuals to another person to perform work in and as part of the business or undertaking of the other person;
S. 3(1) def. of psychologist inserted by No. 13/2010 s. 51(Sch. item 11.2), repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of public sector body inserted by No. 23/2021 s. 5(2).
public sector body has the same meaning as in the Public Administration Act 2004;
S. 3(1) def. of public sector body Head inserted by No. 6/2024 s. 9.
public sector body Head has the same meaning as it has in the Public Administration Act 2004;
S. 3(1) def. of registered health practitioner inserted by No. 4/2017 s. 5(1).
registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law;
S. 3(1) def. of regulator inserted by No. 4/2017 s. 5(1), amended by No. 37/2021 s. 349(1).
regulator, for the purposes of the reportable conduct scheme—
(a) in relation to an entity to which the reportable conduct scheme applies, means any of the following—
(i) a Department that is responsible for regulating the entity;
(ii) a Department that provides funding to the entity;
(iii) the Victorian Registration and Qualifications Authority established under section 4.2.1 of the Education and Training Reform Act 2006 if the entity is referred to in item 1, 2, 3 or 4 of Schedule 3;
(iv) any other body—
(A) that regulates or funds the entity; and
(B) that is prescribed to be a regulator in respect of the entity;
(b) in relation to an employee, means any of the following, as the case requires—
(i) the Suitability Panel established by section 98 of the Children, Youth and Families Act 2005;
(ii) the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law;
(iii) a National Health Practitioner Board established by section 31 of the Health Practitioner Regulation National Law;
(iv) the Victorian Institute of Teaching continued in operation by section 2.6.2 of the Education and Training Reform Act 2006;
(iva) the Social Services Regulator;
(v) any other body that is prescribed to be a regulator in respect of the employee;
S. 3(1) def. of Regulatory Authority inserted by No. 23/2021 s. 5(2A) (as amended by No. 43/2022 s. 11).
Regulatory Authority—
(a) in relation to a relevant entity referred to in item 9 of Schedule 1, means the Regulatory Authority within the meaning of the Education and Care Services National Law (Victoria); and
Section 8 of the Education and Care Services National Law Act 2010 defines the Regulatory Authority for the purposes of the Education and Care Services National Law (Victoria).
(b) in relation to a relevant entity referred to in item 10 of Schedule 1, has the same meaning as in section 3(1) of the Children's Services Act 1996;
S. 3(1) def. of relevant authority inserted by No. 63/2016 s. 5,
repealed by No. 23/2021 s. 5(1).
S. 3(1) def. of relevant entity inserted by No. 63/2016 s. 5, amended by No. 4/2018 s. 3(2)(c).
relevant entity means—
(a) an entity that is required under section 19, 20 or 21 to comply with the Child Safe Standards; or
(b) an individual who is required under section 23 to comply with the Child Safe Standards;
S. 3(1) def. of reportable allegation inserted by No. 4/2017 s. 5(1).
reportable allegation means any information that leads a person to form a reasonable belief that an employee has committed—
(a) reportable conduct; or
(b) misconduct that may involve reportable conduct—
whether or not the conduct or misconduct is alleged to have occurred within the course of the person's employment;
S. 3(1) def. of reportable conduct inserted by No. 4/2017 s. 5(1).
reportable conduct means—
(a) a sexual offence committed against, with or in the presence of, a child, whether or not a criminal proceeding in relation to the offence has been commenced or concluded; or
(b) sexual misconduct, committed against, with or in the presence of, a child; or
(c) physical violence committed against, with or in the presence of, a child; or
(d) any behaviour that causes significant emotional or psychological harm to a child; or
(e) significant neglect of a child;
S. 3(1) def. of reportable conduct authorised officer inserted by No. 17/2023 s. 22.
reportable conduct authorised officer means a reportable conduct authorised officer appointed under section 16ZO;
S. 3(1) def. of reportable conduct notice to comply inserted by No. 17/2023 s. 22.
reportable conduct notice to comply means a notice given under section 16ZZJ;
S. 3(1) def. of reportable conduct scheme inserted by No. 4/2017 s. 5(1).
reportable conduct scheme means the scheme set out in Part 5A;
S. 3(1) def. of restricted information sharing entity inserted by No. 11/2018 s. 5(a).
restricted information sharing entity has the meaning set out in section 41S;
S. 3(1) def. of secondee inserted by No. 17/2023 s. 19(1).
secondee, in relation to an entity to which the reportable conduct scheme applies, means an individual who—
(a) has been provided to the entity by a person to perform work in and as part of the business or undertaking of the entity on a temporary basis for a secondment period; and
(b) is engaged as an employee of the person;
S. 3(1) def. of Secretary repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of sector regulator inserted by No. 23/2021 s. 5(2).
sector regulator has the meaning set out in section 25B;
S. 3(1) def. of sexual misconduct inserted by No. 4/2017 s. 5(1).
sexual misconduct includes behaviour, physical contact or speech or other communication of a sexual nature, inappropriate touching, grooming behaviour and voyeurism;
S. 3(1) def. of sexual offence inserted by No. 4/2017 s. 5(1).
sexual offence means an offence referred to in clause 1 of Schedule 1 to the Sentencing Act 1991;
S. 3(1) def. of significant inserted by No. 4/2017 s. 5(1).
significant, in relation to emotional or psychological harm or neglect, means that the harm or neglect is more than trivial or insignificant, but need not be as high as serious and need not have a lasting permanent effect;
S. 3(1) def. of Social Services Regulator inserted by No. 37/2021 s. 349(2).
Social Services Regulator means the Social Services Regulator established under section 4 of the Social Services Regulation Act 2021;
S. 3(1) def. of State contract repealed by No. 79/2012 s. 74(1), new def. of State contract inserted by No. 63/2015 s. 5(2), amended by No. 4/2017 s. 5(2).
State contract has the same meaning as it has in the Commission for Children and Young People Act 2012;
S. 3(1) def. of statutory office inserted by No. 23/2021 s. 5(2).
statutory office has the same meaning as in the Public Administration Act 2004;
S. 3(1) def. of unique identifier inserted by No. 11/2018 s. 5(a).
unique identifier has the same meaning as in Schedule 1 to the Privacy and Data Protection Act 2014;
S. 3(1) def. of Victoria Police inserted by No. 4/2017 s. 5(1).
Victoria Police has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of volunteer worker inserted by No. 17/2023 s. 19(1).
volunteer worker has the meaning given in section 3A(3);
S. 3(1) def. of VRQA inserted by No. 23/2021 s. 5(2).
VRQA means the Victorian Registration and Qualifications Authority established under Chapter 4 of the Education and Training Reform Act 2006;
S. 3(1) def. of welfare practitioner repealed by No. 79/2012 s. 74(1).
S. 3(1) def. of worker inserted by No. 17/2023 s. 19(1).
worker has the meaning given in section 3A(1);
S. 3(1) def. of working with children check inserted by No. 4/2017 s. 5(1), repealed by No. 34/2020 s. 169(b).
S. 3(1) def. of WWC check inserted by No. 34/2020 s. 169(a).
WWC check has the same meaning as in the Worker Screening Act 2020.
S. 3(2) inserted by No. 63/2015 s. 5(3), substituted by No. 4/2018 s. 3(3), amended by No. 23/2021 s. 5(5).
(2) A reference in this Act to the provision of a service or facility or the production or provision of goods by a relevant entity or applicable entity is, in relation to an individual who carries on a business, a reference to the provision of the service or facility or the production or provision of goods by the business.
S. 3A inserted by No. 17/2023 s. 20.
3A Meaning of *worker* and *volunteer worker*
(1) For the purposes of the reportable conduct scheme, an individual is a worker for a provider if—
(a) under an arrangement between the individual and the provider, the provider supplies or may supply the individual to one or more persons to perform work; and
(b) the provider is obliged to pay the individual (in whole or in part) for the performance of that work by the individual, whether payment is provided directly or indirectly, or through one or more intermediaries.
(2) Without limiting subsection (1), an individual may be a worker for a provider whether or not—
(a) the individual is employed by the provider; or
(b) a contract has been entered into between the individual and the provider; or
(c) the individual is an apprentice or is under a training contract, both within the meaning of the Education and Training Reform Act 2006.
(3) For the purposes of the reportable conduct scheme, an individual is a volunteer worker for a provider if under an arrangement between the individual and the provider, the provider supplies or may supply the individual to one or more persons to perform work on a voluntary basis.
Part 2—Principles for children
4 Principles are for guidance
(1) It is the intention of Parliament that the principles set out in this Part should be used for guidance in the development and provision of Government, Government-funded and community services for children and their families.
(2) The Parliament does not intend by this Part—
(a) to create in any person any legal right or give rise to any civil cause of action; or
(b) to affect in any way the interpretation of any Act or law in force in Victoria.
5 Principles for children
(1) The development and provision of services for children and families should be based upon the fundamental principles that—
(a) society as a whole shares responsibility for promoting the wellbeing and safety of children;
(b) all children should be given the opportunity to reach their full potential and participate in society irrespective of their family circumstances and background;
(c) those who develop and provide services, as well as parents, should give the highest priority to the promotion and protection of a child's safety, health, development, education and wellbeing;
S. 5(1)(d) amended by No. 22/2008 s. 41(a).
(d) parents are the primary nurturers of a child and Government intervention into family life should be limited to that necessary to secure the child's safety and wellbeing, however, it is the responsibility of Government to meet the needs of the child when the child's family is unable to provide adequate care and protection;
S. 5(1)(e) inserted by No. 22/2008 s. 41(b).
(e) every child should be able to enrol in a kindergarten program at an early childhood education and care centre.
(2) Services for children and families should be designed and developed—
S. 5(2)(a) substituted by No. 11/2018 s. 6.
(a) to readily identify risks, harm and damage to the child and to provide for the earliest possible intervention by providers of services to remove or ameliorate the causes of the risks, harm or damage;
S. 5(2)(ab) inserted by No. 11/2018 s. 6.
(ab) to strengthen the capacity and efforts of parents, their families and communities to support the child as early as possible in the child's life;
(b) to accord with the needs of each local community with the active involvement of that community's cultural groups, and to be accessible and responsive to the particular cultures, languages and circumstances of the community and to be properly planned and co‑ordinated with services provided by other local and regional communities;
(c) to give the highest priority to making appropriate and sufficient levels of assistance available to children and families in communities or population groups that are known to have the greatest need;
(d) to promote continuous improvement in the quality of those services, based on the best available knowledge of the needs of children and their stages of development.
(3) The providers of services to children and families should—
(a) protect the rights of children and families and, to the greatest extent possible, encourage their participation in any decision-making that affects their lives;
(b) acknowledge and be respectful of the child's individual identity, circumstances and cultural identity and be responsive to the particular needs of the child;
(c) make decisions about intervention by the providers of services into a child's or family's life and about access by a child or family to those services in a timely manner being mindful of any harmful effects that may be caused to the child by a delay in making decisions or providing services;
(d) ensure that families are made aware of the services available to them and of the benefits these services can provide, especially to those families in most need of assistance;
(e) co-operate with other services or professionals to work in the interests of the child and family.
S. 5A inserted by No. 63/2016 s. 6.
5A Principles for compliance with Child Safe Standards
S. 5A(1) amended by Nos 23/2021 s. 6(1)(a), 58/2025 s. 30.
(1) The oversight and enforcement by the Social Services Regulator, sector regulators and integrated sector regulators of compliance by relevant entities with the Child Safe Standards should be based on the fundamental principles that—
(a) relevant entities are responsible, in respect of the children who use their services or facilities or who are engaged to assist in providing their services or facilities, for continuously improving the ways in which, in their operations—
(iii) allegations of child abuse are properly responded to; and
S. 5A(1)(b) substituted by No. 23/2021 s. 6(1)(b).
(b) sector regulators and integrated sector regulators of relevant entities have specific knowledge of the relevant entities that they regulate and have the primary role in promoting, monitoring and enforcing compliance by those relevant entities with the Child Safe Standards; and
S. 5A(1)(c) substituted by No. 23/2021 s. 6(1)(c), amended by No. 58/2025 s. 30.
(c) having regard to paragraph (b), the Social Services Regulator, sector regulators and integrated sector regulators should collaborate with each other for the purpose of promoting compliance by relevant entities with the Child Safe Standards.
S. 5A(2) amended by No. 58/2025 s. 30.
(2) The Social Services Regulator should educate and guide—
S. 5A(2)(a) amended by No. 23/2021 s. 6(2).
(a) sector regulators and integrated sector regulators to promote compliance by relevant entities with the Child Safe Standards; and
(b) relevant entities, in respect of the children who use their services or facilities or who are engaged to assist in providing their services or facilities, to continuously improve the ways in which, in their operations—
(iii) allegations of child abuse are properly responded to.
Part 3—Child wellbeing and safety
6 The role of the Minister
(1) The Minister must promote the co-ordination of Government programs that affect child wellbeing and safety.
(2) The Minister may establish any advisory committee that the Minister considers appropriate to assist the Minister in the administration of this Act.
S. 7 amended by Nos 79/2012 s. 75, 63/2015 s. 9.
7 Role of the Secretary in relation to Aboriginal communities
The Secretary to the Department of Health and Human Services must work with Aboriginal communities to establish a Victorian Aboriginal Child Wellbeing Charter.
Part 4—Victorian Children's Council
8 Establishment of Victorian Children's Council
The Victorian Children's Council is established.
9 Constitution of Council
S. 9(1) substituted by No. 79/2012 s. 76(1).
(1) The Victorian Children's Council consists of at least 8 members appointed by the Minister.
(2) The Minister must appoint one of the members to be the Chairperson.
S. 9(3) amended by No. 63/2015 s. 10.
(3) A person appointed under subsection (1) must be a person who, in the opinion of the Minister, has expert knowledge of policies and services that enhance the health, wellbeing, development or safety of children.
S. 9(4) amended by No. 79/2012 s. 76(2).
(4) A member—
(a) holds office for such period not exceeding three years, as is specified in the instrument of appointment and is eligible for re‑appointment;
(b) is entitled to the remuneration and allowances determined by the Minister from time to time;
(c) may resign from the office of member by writing to the Minister;
(d) may be removed from office by the Minister;
S. 9(4)(e) substituted by No. 80/2006 s. 26(Sch. item 10).
(e) is in respect of the office of member subject to the Public Administration Act 2004 (other than Part 3 of that Act).
10 Functions of the Council
(1) The functions of the Council are to provide the Premier and the Minister with independent and expert advice relating to policies and services that enhance the health, wellbeing, development and safety of children.
(2) The Secretary must make available to the Council the services of any employees in the Department that are necessary to enable the Council to carry out its functions.
11 Sub-committees
(1) The Council, subject to the approval of the Minister, may appoint for the purposes of carrying out any of its functions under this Part a sub-committee consisting of such members as it determines together with such other persons as it determines.
(2) A sub-committee appointed under this section must report to the Council.
12 Procedure of the Council
(1) A majority of members for the time being of the Victorian Children's Council constitutes a quorum of that Council.
(2) The Victorian Children's Council may regulate its own proceedings.
Part 5—Children's Services Co‑ordination Board
13 Establishment of Children's Services Co-ordination Board
The Children's Services Co-ordination Board is established.
14 Constitution of Board
The Children's Services Co-ordination Board consists of—
(a) the Secretary to the Department of Premier and Cabinet; and
(b) the Secretary to the Department of Treasury and Finance; and
S. 14(c) amended by No 63/2015 s. 11(a).
(c) the Secretary to the Department of Health and Human Services; and
S. 14(d) amended by Nos 28/2007 s. 3(Sch. item 6), 58/2007 s. 51, 63/2015 s. 11(b).
(d) the Secretary to the Department of Education and Training; and
S. 14(e) amended by Nos 63/2015 s. 11(c), 34/2020 s. 170.
(e) the Secretary to the Department of Justice and Community Safety; and
S. 14(f) repealed by No 63/2015 s. 11(d).
(g) the Chief Commissioner of Police.
15 Functions of the Board
The functions of the Children's Services Co‑ordination Board are—
(a) to review annually and report to the Minister on the outcomes of Government actions in relation to children, particularly the most vulnerable children in the community; and
(b) to monitor administrative arrangements to support co-ordination of Government actions relating to children at local and regional levels.
16 Procedure of the Board
(1) A majority of the members for the time being of the Children's Services Co-ordination Board constitutes a quorum of that Board.
(2) The Children's Services Co-ordination Board may regulate its own proceedings.
Pt 5A (Heading and ss 16A–16ZN) inserted by No. 4/2017 s. 6.
Part 5A—Reportable conduct scheme
S. 16A inserted by No. 4/2017 s. 6, amended by No. 17/2023 s. 23.
16A Definition
In this Part and Part 5B—
entity means an entity to which the reportable conduct scheme applies.
S. 16B inserted by No. 4/2017 s. 6.
16B Principles
(1) The reportable conduct scheme is based on the fundamental principles that—
(a) the protection of children is the paramount consideration in the context of child abuse or employee misconduct involving a child;
(b) criminal conduct or suspected criminal conduct should be reported to the police;
(c) a police investigation into the subject matter of a reportable allegation has priority and, unless the investigation may otherwise be conducted under any other Act, an investigation under the reportable conduct scheme must be suspended or must not be commenced until the police advise or agree that it may proceed;
S. 16B(1)(d) amended by No. 58/2025 s. 55(Sch. 1 item 1.2(a)).
(d) the Social Services Regulator and others involved in the reportable conduct scheme should work in collaboration to ensure the fair, effective and timely investigation of reportable allegations;
(e) employees who are the subject of reportable allegations are entitled to receive natural justice in investigations into their conduct;
(f) regulators have specific knowledge of the roles of the entities or the professional responsibilities of the employees they regulate and, if their functions permit, play an important role in the investigation of reportable allegations;
S. 16B(1)(g) amended by No. 58/2025 s. 55(Sch. 1 item 1.2(b)).
(g) information should be shared during and after the conclusion of an investigation into a reportable allegation.
S. 16B(1)(h) amended by No. 34/2020 s. 171, repealed by No. 58/2025 s. 55(Sch. 1 item 1.2(c)).
S. 16B(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.3).
(2) The Social Services Regulator should educate and guide—
(a) entities in order to improve their ability to identify reportable conduct and to report and investigate reportable allegations; and
(b) regulators in order to promote compliance by entities with the reportable conduct scheme.
S. 16C inserted by No. 4/2017 s. 6.
16C Application of reportable conduct scheme
The reportable conduct scheme does not apply to an entity that does not exercise care, supervision or authority over children, whether as part of its primary functions or otherwise.
S. 16D inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.4).
16D Administration, oversight and monitoring of scheme
The Social Services Regulator is responsible for administering, overseeing and monitoring the reportable conduct scheme.
S. 16E inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.5).
16E Avoiding unnecessary duplication
The Social Services Regulator must liaise with other regulators—
(a) to avoid unnecessary duplication in the oversight of the investigation of reportable allegations; and
(b) to share information and provide advice and guidance about the protection of children.
S. 16F (Heading) amended by Nos 17/2023 s. 24(1), 58/2025 s. 55(Sch. 1 item 1.6).
S. 16F inserted by No. 4/2017 s. 6, amended by Nos 17/2023 s. 24(2), 58/2025 s. 55(Sch. 1 item 1.7(a)).
16F Objectives of Social Services Regulator under this Part and Part 5B
Without limiting any other provision, the objectives of the Social Services Regulator under this Part and Part 5B are—
(a) to improve the ability of entities to identify reportable conduct and to report and investigate reportable allegations; and
(b) to ensure that reportable allegations are properly investigated; and
S. 16F(c) amended by No. 58/2025 s. 55(Sch. 1 item 1.7(b)(c)).
(c) to protect children by working with entities, other regulators and other relevant bodies to prevent reportable conduct from occurring in entities.
S. 16F(d) amended by No. 34/2020 s. 172, repealed by No. 58/2025 s. 55(Sch. 1 item 1.7(d)).
S. 16G (Heading) amended by Nos 17/2023 s. 25(1), 58/2025 s. 55(Sch. 1 item 1.8).
S. 16G inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.9(a)).
16G Functions of Social Services Regulator under this Part and Part 5B
The Social Services Regulator has the following functions in relation to the reportable conduct scheme—
(a) to educate and provide advice to entities in order to assist them to identify reportable conduct and to report and investigate reportable allegations;
S. 16G(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.9(b)).
(b) to educate and provide advice to other regulators to promote compliance by entities with the reportable conduct scheme;
(c) to oversee the investigation of reportable allegations;
(d) to investigate reportable allegations if—
(i) it considers it to be in the public interest to do so; or
S. 16G(d)(ii) amended by No. 58/2025 s. 55(Sch. 1 item 1.9(c)).
(ii) an entity or another regulator will not, or is unable to, investigate or engage an independent person or body to investigate;
S. 16G(e) amended by No. 58/2025 s. 55(Sch. 1 item 1.9(d)).
(e) if it considers it to be in the public interest to do so, to investigate whether reportable allegations have been inappropriately handled or responded to by an entity or another regulator;
(f) to make recommendations to entities to address the findings of investigations referred to in paragraph (d) or (e);
S. 16G(g) amended by Nos 34/2020 s. 173, 58/2025 s. 55(Sch. 1 item 1.9(e)).
(g) to exchange information (including the findings of investigations into reportable allegations and the reasons for those findings) with Victoria Police, entities and other regulators;
(h) to monitor the compliance of entities with the reportable conduct scheme;
S. 16G(ha) inserted by No. 17/2023 s. 25(2).
(ha) in relation to section 16M—
(i) to monitor and enforce compliance with section 16M(1) by the head of an entity; and
(ii) to investigate contraventions of section 16M(4);
(i) to report to the Minister and to Parliament on trends in the reporting and investigation of reportable allegations and the results of those investigations;
S. 16G(j) amended by Nos 17/2023 s. 25(3), 58/2025 s. 55(Sch. 1 item 1.9(a)).
(j) to perform any other function conferred on the Social Services Regulator under this Part or Part 5B.
S. 16H (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.10).
S. 16H inserted by No. 4/2017 s. 6, amended by Nos 17/2023 s. 26, 58/2025 s. 55(Sch. 1 item 1.11).
16H Powers of the Social Services Regulator
The Social Services Regulator has all the powers that are necessary or convenient to perform its functions under this Part and Part 5B.
S. 16I (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.12).
S. 16I inserted by No. 4/2017 s. 6.
16I Exemption by Social Services Regulator
S. 16I(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(a)).
(1) The Social Services Regulator, in accordance with the regulations, if any, may exempt the head of an entity or a class of entities from—
(a) the requirements of section 16M in respect of a class or kind of conduct; or
S. 16I(1)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(a)).
(b) the requirement under section 16M(1)(b) to provide information to the Social Services Regulator in respect of a class or kind of conduct.
S. 16I(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(b)).
(2) The Social Services Regulator may give an exemption under subsection (1) if the Social Services Regulator considers that—
S. 16I(2)(a) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(b)).
(a) the entity is competent to investigate, without the oversight of the Social Services Regulator, a reportable allegation in respect of the class or kind of conduct to which the exemption relates; and
(b) the entity has demonstrated competence in responding to reportable allegations in respect of that class or kind of conduct.
S. 16I(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(c)(i)).
(3) The Social Services Regulator must—
(a) notify the entity concerned of an exemption under subsection (1); and
S. 16I(3)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(c)(ii)).
(b) publish the exemption on the Social Services Regulator's website.
S. 16I(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.13(d)).
(4) The head of an entity exempted under subsection (1)(b), or a regulator of the entity, that conducts an investigation into conduct of a class or kind exempted under subsection (1)(b) must inform the Social Services Regulator of the findings, the reasons for the findings and the action taken in response to those findings as soon as practicable after the conclusion of the investigation or within a period agreed with the Social Services Regulator.
S. 16IA inserted by No. 58/2025 s. 4.
16IA Exemption from requirement to investigate
S. 16IA(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.14).
(1) If the Social Services Regulator is satisfied that a reportable allegation is being investigated under a corresponding reportable conduct law, the Social Services Regulator may, in accordance with the regulations, if any, exempt the head of an entity from the requirements under section 16N to investigate the reportable allegation or permit a regulator or an independent investigator engaged by the entity or regulator to investigate the reportable allegation.
(2) If an exemption is granted under subsection (1), while the exemption is in force—
(a) section 16N(2) continues to apply in respect of—
(i) the reportable allegation; and
(ii) any investigation into the reportable allegation commenced under section 16N(1) before the exemption was granted; and
(b) section 16N does not otherwise apply in respect of the reportable allegation.
S. 16IA(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.14).
(3) The Social Services Regulator must notify the head of the entity concerned of an exemption granted under subsection (1).
S. 16IA(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.14).
(4) The Social Services Regulator may revoke an exemption granted under subsection (1) by notice in writing given to the head of the entity—
S. 16IA(4)(a) amended by No. 58/2025 s. 55(Sch. 1 item 1.14).
(a) if the Social Services Regulator is satisfied that the exemption is no longer appropriate; or
(b) in prescribed circumstances.
(5) If the exemption is revoked under subsection (4), section 16N applies as if the head of the entity had become aware of the reportable allegation on being notified of the revocation.
S. 16J inserted by No. 4/2017 s. 6, amended by No. 4/2018 s. 4 (ILA s. 39B(1)).
16J Exemption from whole of scheme
(1) The regulations may prescribe an entity or a class of entities to be exempt from the reportable conduct scheme.
S. 16J(2) inserted by No. 4/2018 s. 4.
(2) The regulations may prescribe a part of an entity, or a part of a class of entities, to be exempt from the reportable conduct scheme.
S. 16K inserted by No. 4/2017 s. 6.
16K Head of entity to have systems in place
(1) The head of an entity must ensure that the entity has in place—
(a) a system for preventing the commission of reportable conduct by an employee of the entity within the course of the person's employment; and
(b) a system for enabling any person, including an employee of the entity, to notify the head of the entity of a reportable allegation of which the person becomes aware; and
S. 16K(1)(c) amended by No. 58/2025 s. 55(Sch. 1 item 1.15(a)).
(c) a system for enabling any person, including an employee of the entity, to notify the Social Services Regulator of a reportable allegation involving the head of the entity of which the person becomes aware; and
(d) a system for investigating and responding to a reportable allegation against an employee of the entity.
S. 16K(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.15(b)).
(2) If requested in writing by the Social Services Regulator, an entity must provide to the Social Services Regulator any information about a system referred to in subsection (1).
S. 16K(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.15(c)).
(3) The Social Services Regulator, after consulting with the relevant regulator, may make recommendations for action to be taken by an entity and may provide the entity with any necessary information relating to the recommendations if a reasonable concern with a system referred to in subsection (1) is identified.
S. 16L (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.16).
S. 16L inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.17).
16L Disclosure to Social Services Regulator of reportable allegation
Any person may disclose a reportable allegation to the Social Services Regulator.
S. 16M (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.18).
S. 16M inserted by No. 4/2017 s. 6.
16M Head of entity to notify Social Services Regulator of reportable allegation
S. 16M(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.19).
(1) If the head of an entity becomes aware of a reportable allegation against an employee of the entity, the head must notify the Social Services Regulator in writing of the following—
(a) within 3 business days after becoming aware of the reportable allegation—
(i) that a reportable allegation has been made against an employee of the entity; and
(ii) the name (including any former name and alias, if known) and date of birth, if known, of the employee concerned; and
(iii) whether Victoria Police has been contacted about the reportable allegation; and
(iv) the name, address and telephone number of the entity; and
(v) the name of the head of the entity; and
(b) as soon as practicable and within 30 days after becoming aware of the reportable allegation—
(i) detailed information about the reportable allegation; and
(ii) whether or not the entity proposes to take any disciplinary or other action in relation to the employee and the reasons why it intends to take, or not to take, that action; and
(iii) any written submissions made to the head of the entity concerning the reportable allegation that the employee wished to have considered in determining what, if any, disciplinary or other action should be taken in relation to the employee.
S. 16M(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.19).
(2) This section does not apply to the head of an entity, or an entity belonging to a class of entities, that the Social Services Regulator has exempted under section 16I(1)(a) in respect of a class or kind or conduct that is the subject of the reportable allegation.
S. 16M(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.19).
(3) Subsection (1)(b) does not apply to the head of an entity, or an entity belonging to a class of entities, that the Social Services Regulator has exempted under section 16I(1)(b) in respect of a class or kind of conduct that is the subject of the reportable allegation.
S. 16M(3A) inserted by No. 58/2025 s. 5.
(3A) This section does not apply to a reportable allegation if the head of the entity has been exempted under section 16IA in respect of that reportable allegation, whether or not that exemption is revoked.
(4) The head of an entity must not fail, without reasonable excuse, to comply with subsection (1).
Penalty: 10 penalty units.
S. 16M(5) amended by No. 58/2025 s. 55(Sch. 1 item 1.19).
(5) It is a defence to a charge for an offence against subsection (4) for the person charged to prove that the person honestly and reasonably believed that another person had notified the Social Services Regulator of the reportable allegation in accordance with subsection (1).
S. 16N inserted by No. 4/2017 s. 6.
16N Head of entity to respond to reportable allegation
(1) As soon as practicable after the head of an entity becomes aware of a reportable allegation against an employee of the entity, the head must—
(a) investigate the reportable allegation or permit a regulator, or an independent investigator engaged by the entity or regulator, to investigate the reportable allegation; and
S. 16N(1)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.20(a)).
(b) inform the Social Services Regulator of the identity of the body or person who will conduct the investigation.
S. 16N(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.20(b)).
(2) If the Social Services Regulator requests in writing that the head of the entity provide to the Social Services Regulator information or documents relating to a reportable allegation or an investigation, the head of the entity must comply with the request.
S. 16N(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.20(c)).
(3) As soon as practicable after an investigation has concluded, the head of the entity must give the Social Services Regulator—
(a) a copy of the findings of the investigation and the reasons for those findings; and
S. 16N(3)(b) amended by No. 4/2018 s. 5.
(b) details of any disciplinary or other action that the entity proposes to take in relation to the employee and the reasons for that action; and
S. 16N(3)(c) amended by No. 4/2018 s. 5.
(c) if the entity does not propose to take any disciplinary or other action in relation to the employee, the reasons why no action is to be taken.
Note to s. 16N inserted by No. 58/2025 s. 6.
This section applies with modification if the head of an entity has been granted an exemption in respect of a reportable allegation—see section 16IA.
S. 16O (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.21).
S. 16O inserted by No. 4/2017 s. 6.
16O Social Services Regulator may investigate reportable allegation
S. 16O(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.22(a)).
(1) The Social Services Regulator, of its own motion, may conduct an investigation concerning a reportable allegation against an employee of an entity if the Social Services Regulator—
(a) receives information about the reportable allegation from any person; and
(b) believes on reasonable grounds that reportable conduct may have been committed by an employee of the entity; and
S. 16O(1)(c) amended by No. 58/2025 s. 55(Sch. 1 item 1.22(a)).
(c) considers that it is in the public interest that the Social Services Regulator investigate the reportable allegation.
S. 16O(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.22(b)).
(2) The Social Services Regulator, of its own motion, may conduct an investigation concerning a reportable allegation against an employee of an entity if the Social Services Regulator is advised by the entity or any other regulator of the employee that the entity or regulator will not or is unable to—
(a) investigate the reportable allegation; or
(b) engage an independent investigator to investigate the reportable allegation.
S. 16O(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.22(c)).
(3) The Social Services Regulator, of its own motion or in response to a complaint, may conduct an investigation concerning any inappropriate handling of, or response to, a reportable allegation by an entity or any other regulator if the Social Services Regulator considers that it is in the public interest to do so.
S. 16O(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.22(d)(i)).
(4) At the conclusion of an investigation by the Social Services Regulator and after consultation with the relevant regulator, the Social Services Regulator—
(a) must make findings, give reasons for the findings and make recommendations, if any, for action to be taken with respect to the matter investigated; and
S. 16O(4)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.22(d)(i)).
(b) must provide to the entity the findings, reasons and recommendations, if any, of the Social Services Regulator, together with any necessary information relating to the recommendations; and
S. 16O(4)(c) amended by No. 58/2025 s. 55(Sch. 1 item 1.22(d)).
(c) may provide to the relevant regulator the recommendations of the Social Services Regulator for action to be taken by the relevant regulator.
S. 16P (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.23).
S. 16P inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.24).
16P Social Services Regulator may visit entity
In conducting an investigation under section 16O, the Social Services Regulator may visit the entity in order to—
(a) inspect any document in relation to the reportable allegation; or
(b) conduct an interview under section 16Q, 16R or 16S.
S. 16Q (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.25).
S. 16Q inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.26).
16Q Social Services Regulator may interview employee
Subject to section 16S(2), the Social Services Regulator may interview any employee of an entity if the Social Services Regulator considers that the employee may have information about a reportable allegation.
S. 16R (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.27).
S. 16R inserted by No. 4/2017 s. 6.
16R Social Services Regulator may interview child
S. 16R(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.28).
(1) The Social Services Regulator may interview—
(a) a child in relation to whom an employee of an entity is alleged to have committed reportable conduct or misconduct that may involve reportable conduct; or
(b) a child who is a witness to reportable conduct or misconduct that may involve reportable conduct.
S. 16R(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.28).
(2) The Social Services Regulator may engage a person with appropriate qualifications, training or experience in interviewing child victims of abuse to conduct an interview on its behalf under subsection (1).
(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.
S. 16R(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.28).
(4) Without limiting subsection (3), the Social Services Regulator 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.
S. 16S (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.29).
S. 16S inserted by No. 4/2017 s. 6.
16S Social Services Regulator may interview employee subject of reportable allegation
S. 16S(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.30).
(1) The Social Services Regulator may interview an employee of an entity who is the subject of a reportable allegation.
S. 16S(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.30).
(2) An employee of an entity who is the subject of a reportable allegation may, but is not required to, answer any question of, or provide any information to, the Social Services Regulator.
S. 16T (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.31).
S. 16T inserted by No. 4/2017 s. 6.
16T Social Services Regulator may obtain information from Victoria Police
S. 16T(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.32).
(1) The Social Services Regulator may request the Chief Commissioner of Police to provide the following information in relation to an employee of an entity who is the subject of a reportable allegation—
(a) whether Victoria Police is investigating the reportable allegation;
(b) the result of the investigation as soon as practicable after its completion.
(2) The Chief Commissioner of Police must comply with a request under subsection (1) unless providing the information would be reasonably likely to prejudice—
(a) the investigation of a breach or possible breach of the law; or
(b) the enforcement or proper administration of the law in a particular instance.
S. 16U inserted by No. 4/2017 s. 6.
16U Victoria Police investigation has priority
S. 16U(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.33).
(1) On becoming aware that a reportable allegation may involve criminal conduct, the Social Services Regulator, an entity, any other regulator or an independent investigator must report the matter to Victoria Police.
S. 16U(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.33).
(2) On becoming aware that Victoria Police is investigating a reportable allegation, the Social Services Regulator, an entity, any other regulator or an independent investigator must not commence or continue to investigate the reportable allegation under this Part until the Chief Commissioner of Police—
(a) advises that the police investigation has been completed; or
(b) agrees that the investigation under this Part may proceed in consultation with Victoria Police.
(3) In this section, an investigation by Victoria Police includes any court proceeding (including an appeal) arising out of the investigation.
(4) Nothing in this section affects an investigation that may otherwise be conducted under any other Act.
S. 16UA inserted by No. 37/2021 s. 350, repealed by No. 58/2025 s. 52.
S. 16V (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.34).
S. 16V inserted by No. 4/2017 s. 6.
16V Social Services Regulator may request another regulator to investigate or provide information and documents
S. 16V(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.35(a)).
(1) The Social Services Regulator may request any other regulator of an employee of an entity to investigate a reportable allegation in respect of the employee.
S. 16V(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.35(b)(i)(ii)).
(2) The Social Services Regulator, by written notice, may require any other regulator of an employee of an entity to provide to the Social Services Regulator information and documents in relation to—
S. 16V(2)(a) amended by No. 58/2025 s. 55(Sch. 1 item 1.35(b)(iii)).
(a) an investigation of a reportable allegation in respect of the employee that is being conducted by that regulator; or
S. 16V(2)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.35(b)(i)).
(b) the employee for the purpose of an investigation of a reportable allegation in respect of the employee that is being conducted by the Social Services Regulator.
(3) A regulator that is given a notice under subsection (2) must comply with the notice.
S. 16W (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.36).
S. 16W inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.37).
16W Social Services Regulator may monitor regulator's investigation
The Social Services Regulator may monitor the progress of an investigation by any other regulator of a reportable allegation if the Social Services Regulator considers it is in the public interest to do so.
S. 16X (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.38).
S. 16X inserted by No. 4/2017 s. 6.
16X Regulator may disclose information or documents to Social Services Regulator
S. 16X(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.39(a)).
(1) Despite any law to the contrary, a regulator (other than the Social Services Regulator) may disclose to the Social Services Regulator any information or documents for the purpose of the reportable conduct scheme.
S. 16X(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.39(b)).
(2) A regulator of an entity must provide to the Social Services Regulator any information or documents requested in writing by the Social Services Regulator in relation to—
(a) a reportable allegation; or
(b) the regulator's investigation of a reportable allegation; or
(c) the findings, reasons for the findings, and recommendations of the regulator made at the conclusion of an investigation by the regulator.
S. 16Y inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.40).
16Y Disclosure of information or documents
A disclosure of information or documents to the Social Services Regulator by any person that is made in good faith under this Part—
(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
(b) does not make the person by whom it is made subject to any liability in respect of it; and
(c) without limiting paragraphs (a) and (b), does not constitute a contravention of—
(i) section 141 of the Health Services Act 1988; or
S. 16Y(c)(ii) amended by No. 39/2022 s. 784.
(ii) section 730 of the Mental Health and Wellbeing Act 2022.
S. 16Z inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.41).
16Z Protection against self-incrimination
It is a reasonable excuse for an individual to refuse or fail to give information or documents to the Social Services Regulator in response to questioning or a request or requirement under this Part if the giving of the information or documents would tend to incriminate the individual.
S. 16ZA inserted by No. 4/2017 s. 6, amended by No. 58/2025 s. 55(Sch. 1 item 1.42).
16ZA Assistance to be provided
An entity or the head of an entity must ensure that the Social Services Regulator or an authorised person is given any assistance in connection with the reasonable performance of the Social Services Regulator's functions under this Part that the Social Services Regulator or the authorised person reasonably requires.
S. 16ZB inserted by No. 4/2017 s. 6.
16ZB Disclosure of information about investigations to children, parents and carers
(1) This section applies to the following information in relation to an investigation conducted under section 16N or 16O—
(a) information about the progress of the investigation;
(b) the findings, reasons for the findings and the recommendations made at the conclusion of the investigation;
(c) any action taken in response to those findings.
S. 16ZB(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.43).
(2) The Social Services Regulator, the head of an entity or any other regulator may disclose the information referred to in subsection (1) to—
(a) the child in relation to whom an employee of an entity is alleged to have committed reportable conduct or misconduct that may involve reportable conduct; or
(b) a parent (within the meaning of the Children, Youth and Families Act 2005) of the child; or
(c) the Secretary to the Department of Health and Human Services if the Secretary has parental responsibility for the child; or
(d) a person who has daily care and control of the child, whether or not that care involves custody of the child; or
S. 16ZB(2)(e) amended by No. 17/2023 s. 54.
(e) if the child is in out of home care (within the meaning of the Children, Youth and Families Act 2005), the out of home carer (within the meaning of section 161A of that Act) who provides that care.
(3) Nothing in this section limits any disclosure that may otherwise be made under any Act or law.
S. 16ZC (Heading) amended by No. 58/2025 s. 55(Sch. 1 item 1.44).
S. 16ZC inserted by No. 4/2017 s. 6.
16ZC Disclosure of information to the Social Services Regulator, the head of an entity, any other regulator, Victoria Police and others
(1) This section applies to information in relation to the following—
(a) a reportable allegation;
(b) a concern that reportable conduct has been committed;
(c) the investigation of a matter referred to in paragraph (a) or (b);
(d) the findings, reasons for the findings and the recommendations made at the conclusion of the investigation;
(e) the action taken in response to those findings.
S. 16ZC(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.45).
(2) The Social Services Regulator, the head of an entity and any other regulator may disclose information referred to in subsection (1) to—
(a) each other; and
(b) the Chief Commissioner of Police; and
(c) if necessary for the purposes of an investigation, an independent investigator; and
S. 16ZC(2)(d) substituted by No. 34/2020 s. 174, repealed by No. 58/2025 s. 53.
S. 16ZC(2)(da) inserted by No. 58/2025 s. 7.
(da) any person or body, including a corresponding reportable conduct regulator, if the information relates to the performance of a function or exercise of a power conferred on that person or body by or under a corresponding reportable conduct law; and
(e) a relevant Minister; and
S. 16ZC(2)(f) amended by No. 4/2018 s. 6(a).
(f) any other prescribed person or body in relation to a prescribed matter, or a prescribed class of matters; and
S. 16ZC(2)(g) inserted by No. 4/2018 s. 6(b).
(g) any other prescribed person or body in relation to a prescribed matter, or a prescribed class of matters, if the information relates to the performance of a function conferred on the person or body by or under the laws of the Commonwealth, a State or a Territory.
S. 16ZD inserted by No. 4/2017 s. 6, amended by Nos 34/2020 s. 175, 58/2025 s. 8, repealed by No. 58/2025 s. 54.
S. 16ZE inserted by No. 4/2017 s. 6.
16ZE Prohibition on publishing certain information
S. 16ZE(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.46).
(1) A person must not publish, or cause to be published, any information that would enable the identification of a person who has notified the Social Services Regulator of—
(a) a reportable allegation; or
(b) a concern that reportable conduct has occurred.
Penalty: In the case of a body corporate, 300 penalty units;
(2) A person must not publish, or cause to be published, any information that would enable the identification of a child in relation to whom—
(a) a reportable allegation was made; or
(b) a finding of reportable conduct was made.
Penalty: In the case of a body corporate, 300 penalty units;
(3) Subsections (1) and (2) do not apply to the publication of information permitted by or under any other Act.
S. 16ZE(3A) inserted by No. 23/2017 s. 31.
(3A) Subsections (1) and (2) do not prevent a disclosure that is made for the purposes of Part 5A of the Family Violence Protection Act 2008 by an information sharing entity (within the meaning of that Act).
S. 16ZE(3B) inserted by No. 11/2018 s. 7.
(3B) Subsections (1) and (2) do not prevent a disclosure that is made for the purposes of Part 6A by an information sharing entity or a restricted information sharing entity.
(4) In this section—
publish means disseminate or provide access to the public or a section of the public by any means, including by—
(a) publication in a book, newspaper, magazine or other written publication; or
(b) broadcast by radio or television; or
(c) public exhibition; or
(d) broadcast or electronic communication.
S. 16ZF inserted by No. 4/2017 s. 6, amended by No. 17/2023 s. 27.
16ZF False or misleading information
A person must not in purported compliance with this Part or Part 5B—
(a) give information or make a statement that the person knows to be false or misleading in a material particular; or
(b) produce a document that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.
Penalty: In the case of a body corporate, 100 penalty units;
In any other case, 10 penalty units.
S. 16ZG inserted by No. 4/2017 s. 6.
16ZG Notice to produce
S. 16ZG(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.47(a)).
(1) This section applies if an entity has not complied with a written request from the Social Services Regulator for information or documents under this Part.
S. 16ZG(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.47(b)).
(2) If the request is made under section 16K(2) in relation to a system referred to in section 16K(1), the Social Services Regulator may give notice under subsection (3) if the Social Services Regulator believes on reasonable grounds that the entity does not have such a system in place.
S. 16ZG(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.47(b)).
(3) The Social Services Regulator, by written notice, may require an entity to produce a specified document or category of documents to the Social Services Regulator before a specified date (being not less than 14 days after the day on which the notice is given).
(4) A notice under subsection (3) must be in the prescribed form, if any, and must specify—
(a) the document or category of documents that must be produced; and
(b) the date by which the document or category of documents must be provided; and
(c) if the notice relates to a system referred to in section 16K(1), the grounds referred to in subsection (2); and
(d) the maximum civil penalty payable if the Magistrates' Court makes a declaration under section 16ZH; and
(e) the process for seeking an internal review of the decision to give the notice to produce; and
(f) the prescribed matters, if any.
S. 16ZG(5) amended by No. 58/2025 s. 55(Sch. 1 item 1.47(a)).
(5) An entity given a notice under subsection (3) must provide each document specified in the notice to the Social Services Regulator on or before the date specified in the notice.
S. 16ZG(6) amended by No. 58/2025 s. 55(Sch. 1 item 1.47(a)).
(6) The Social Services Regulator, by further written notice given at any time, may vary or revoke a notice under subsection (3).
S. 16ZH inserted by No. 4/2017 s. 6.
16ZH Application for declaration and order that entity pay a civil penalty
S. 16ZH(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.48).
(1) If an entity fails to comply with a notice to produce, the Social Services Regulator may apply to the Magistrates' Court for—
(a) a declaration that the entity has failed to comply with the notice; and
(b) an order requiring the entity to pay a civil penalty.
(2) The Magistrates' Court may make the declaration sought if the court is satisfied that—
(a) the entity has failed to comply with the notice to produce; and
(b) the failure was unreasonable.
S. 16ZH(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.48).
(3) If the Magistrates' Court makes a declaration under subsection (2), the court may order the entity to pay to the Social Services Regulator for payment into the Consolidated Fund an amount not exceeding $9000 as a civil penalty.
(4) In determining the amount of a civil penalty, the Magistrates' Court must consider—
(a) the size of the entity; and
(b) the impact of the civil penalty on the entity; and
(c) whether the non-compliance with the notice to produce was wilful or serious.
(5) An order made under this section is taken, for the purposes of enforcement, to be an order made by the Magistrates' Court in a civil proceeding.
S. 16ZH(6) amended by No. 58/2025 s. 55(Sch. 1 item 1.48).
(6) A civil penalty paid to the Social Services Regulator in accordance with an order made under this section must be paid into the Consolidated
Fund.
S. 16ZI inserted by No. 4/2017 s. 6.
16ZI Internal review
S. 16ZI(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.49(a)).
(1) An employee of an entity may seek a review by the Social Services Regulator of a finding made at the conclusion of an investigation under section 16O.
S. 16ZI(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.49(b)).
(2) An entity may seek a review by the Social Services Regulator of a decision of the Social Services Regulator to give a notice to produce.
S. 16ZI(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.49(a)).
(3) The Social Services Regulator must prepare and implement a process for the review of—
(a) a finding made at the conclusion of an investigation under section 16O; or
(b) a decision to give a notice to produce.
S. 16ZJ inserted by No. 4/2017 s. 6.
16ZJ Review by VCAT
S. 16ZJ(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.50).
(1) An employee of an entity may apply to VCAT for review of a decision by the Social Services Regulator that the employee has committed reportable conduct.
(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, an employee of an entity requests a statement of reasons for the decision, the day on which the statement of reasons is given to the employee or the employee is informed under section 46(5) of that Act that a statement of reasons will not be given.
(3) Before an employee of an entity is entitled to apply to VCAT for the review of a decision referred to in subsection (1), the employee must have exhausted all available avenues for the internal review of the decision.
S. 16ZJA inserted by No. 4/2018 s. 7.
16ZJA Delegation
The Secretary to a Department, as the head of an entity, by instrument, may delegate to a person employed under Part 3 of the Public Administration Act 2004 who is working in the Department any power, function or duty of the Secretary under this Part.
S. 16ZK inserted by No. 4/2017 s. 6.
16ZK Service of documents
S. 16ZK(1) amended by No. 17/2023 s. 28.
(1) A document that is authorised or required by this Part or Part 5B to be served on or given to a person is served by—
(a) delivering personally a true copy of the document to the person; or
(b) leaving a true copy of the document for the person at the person's last known or usual place of residence or business with a person who apparently resides or works there and who apparently is over the age of 16 years; or
(c) sending a true copy of the document by post addressed to the person at the person's last known or usual place of residence or business.
S. 16ZK(2) amended by No. 17/2023 s. 28.
(2) A document that is authorised or required by this Part or Part 5B to be served on or given to an entity that is not a legal person is served by—
(a) delivering personally a true copy of the document to the head of the entity; or
(b) leaving a true copy of the document for the head of the entity at the last known or usual place of business of the entity with a person who apparently works there and who apparently is over the age of 16 years; or
(c) sending a true copy of the document by post addressed to the head of the entity at the last known or usual place of business of the entity.
The Electronic Transactions (Victoria) Act 2000 applies to enable a document to be served electronically, including fax transmission and email, in accordance with that Act.
S. 16ZKA inserted by No. 17/2023 s. 21.
16ZKA Power to bring a proceeding
S. 16ZKA(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.51).
(1) A proceeding for an offence against this Part may be commenced by the Social Services Regulator or a police officer.
(2) A proceeding commenced under subsection (1) may be taken over and continued at any time by any other person authorised by subsection (1) to commence proceedings.
(3) In a proceeding for an offence against this Part, it must be presumed, in the absence of evidence to the contrary, that the person commencing the proceeding was authorised to commence the proceeding.
S. 16ZKB inserted by No. 17/2023 s. 21.
16ZKB Time for commencing proceeding for offence against section 16M(4)
Despite section 7(1) of the Criminal Procedure Act 2009, a proceeding for an offence against section 16M(4) may be commenced within 3 years of the commission of the alleged offence.
S. 16ZL inserted by No. 4/2017 s. 6.
16ZL Annual reports and other reports
S. 16ZL(1) substituted by No. 17/2023 s. 29, amended by No. 58/2025 s. 55(Sch. 1 item 1.52(a)).
(1) The Social Services Regulator in its annual report for a financial year under Part 7 of the Financial Management Act 1994 must include, for the financial year to which the report of operations relates—
(a) a review of the operation of the reportable conduct scheme; and
S. 16ZL(1)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.52(a)).
(b) details of activities engaged in by the Social Services Regulator under this Part and Part 5B to monitor and enforce compliance with section 16M.
S. 16ZL(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.52(b)).
(2) The Social Services Regulator must give a further report of the operation of the reportable conduct scheme to the Minister and the Secretary to the Department of Health and Human Services at any time at the request of the Minister or the Secretary.
S. 16ZL(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.52(b)).
(3) A review under subsection (1) or a report under subsection (2) may include a statement about trends observed by the Social Services Regulator in relation to the reportable conduct scheme.
S. 16ZL(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.52(b)).
(4) The Social Services Regulator must not include in a review under subsection (1) or a report under subsection (2)—
(a) information that identifies a child; or
(b) information from which the identity of a child can be determined.
S. 16ZL(5) amended by No. 58/2025 s. 55(Sch. 1 item 1.52(b)(c)).
(5) Before submitting a report under subsection (1) or (2) that includes any comment or opinion that is adverse to an entity, any other regulator or any person, the Social Services Regulator must give the entity, regulator or person an opportunity to comment on the adverse comment or opinion.
S. 16ZL(6) amended by No. 58/2025 s. 55(Sch. 1 item 1.52(b)).
(6) The Social Services Regulator must give a copy of a report submitted under subsection (1) or (2) to any other Minister and the Secretary to any other Department if the report considers a matter that is the responsibility of that Minister or that Secretary.
S. 16ZM inserted by No. 4/2017 s. 6.
16ZM Giving a report to Parliament
(1) This section applies if at least 14 days have elapsed since the persons referred to in section 16ZL(2) were given a report under that subsection.
S. 16ZM(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.53(a)).
(2) The Social Services Regulator may give a copy of a report under section 16ZL(2) to the clerk of each House of the Parliament.
(3) The clerk of each House of the Parliament must cause the report to be laid before the House on—
(a) the day on which it is received; or
(b) the next sitting day of the House.
S. 16ZM(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.53(b)(i)).
(4) If the Social Services Regulator proposes to give the report to Parliament when neither House of the Parliament is sitting, the Social Services Regulator must—
S. 16ZM(4)(a) amended by No. 58/2025 s. 55(Sch. 1 item 1.53(b)(ii)).
(a) give one business day's notice of the Social Services Regulator's intention to do so to the clerk of each House of the Parliament; and
(b) give the copy of the report to the clerk of each House of the Parliament on the day indicated in the notice; and
(c) cause the report to be published by the Government Printer.
(5) The clerk of a House of the Parliament must notify each member of the House of the receipt of a notice under subsection (4)(a) as soon as practicable after the clerk receives the notice.
(6) On receiving a copy of the report under subsection (4)(b), the clerk of the House of the Parliament must—
(a) as soon as practicable after the report is received, notify each member of the House of the receipt of the report and advise that the report is available on request; and
(b) give a copy of the report to any member of the House on request; and
(c) cause the copy of the report to be laid before the House on the next sitting day of the House.
(7) A copy of a report that is given to the clerk of a House of the Parliament under subsection (2) or (4)(b) is taken to have been published by order, or under the authority, of that House.
S. 16ZN inserted by No. 4/2017 s. 6, repealed by No. 58/2025 s. 55(Sch. 1 item 1.54).
Pt 5B (Headings and ss 16ZO–16ZZR) inserted by No. 17/2023 s. 30.
Part 5B—Enforcement and monitoring of compliance with section 16M
Division 1—Reportable conduct authorised officers
S. 16ZO inserted by No. 17/2023 s. 30.
16ZO Appointment of reportable conduct authorised officer
S. 16ZO(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.55(a)).
(1) The Social Services Regulator may, by instrument, appoint any person or class of persons employed or engaged by the Social Services Regulator to be a reportable conduct authorised officer for the purposes of this Part.
(2) An appointment under this section—
(a) may be subject to any specified conditions; and
S. 16ZO(2)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.55(b)).
(b) may be varied, suspended or revoked by the Social Services Regulator at any time.
S. 16ZO(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.55(b)).
(3) The Social Services Regulator must not appoint a person under this section unless it is satisfied that the person is appropriately qualified or has successfully completed appropriate training.
S. 16ZP inserted by No. 17/2023 s. 30.
16ZP Identity card for reportable conduct authorised officer
S. 16ZP(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.56(a)).
(1) If the Social Services Regulator appoints a reportable conduct authorised officer under section 16ZO, the Social Services Regulator must—
(a) issue the officer with an identity card that complies with subsection (2); or
(b) if the reportable conduct authorised officer is also an authorised officer appointed under section 27 and has a current identity card issued under section 28(1) (the existing identity card)—
(i) amend the existing identity card so that it complies with the requirements of subsection (2); or
(ii) issue a supplementary identity card complying with any requirements of subsection (2) that are not met by the existing identity card; or
(iii) request the authorised officer to return the existing identity card and issue a new identity card that complies with the requirements of section 28(2) and subsection (2).
(2) An identity card must—
(a) state the reportable conduct authorised officer's name; and
(b) contain a photograph of the officer; and
S. 16ZP(2)(c) amended by No. 58/2025 s. 55(Sch. 1 item 1.56(b)).
(c) state that the person to whom it is issued is a reportable conduct authorised officer appointed by the Social Services Regulator for the purposes of this Part.
S. 16ZP(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.56(b)).
(3) A reportable conduct authorised officer must return the identity card issued under this section to the Social Services Regulator as soon as practicable after their appointment under section 16ZO expires or is revoked.
S. 16ZQ inserted by No. 17/2023 s. 30.
16ZQ Production of identity card
(1) Subject to subsection (3), a reportable conduct authorised officer must produce the officer's identity card for inspection before exercising a power under this Part if asked to do so.
(2) If it is not practicable to comply with subsection (1) before exercising the power, the reportable conduct authorised officer must produce the identity card for inspection at the first reasonable opportunity.
(3) If a reportable conduct authorised officer enters (whether with or without a warrant) any premises or place for the purposes of exercising a power or performing a function under this Part, the officer must produce the officer's identity card for inspection immediately before or upon the first entry to the premises or place.
Division 2—Powers of entry and inspection
S. 16ZR inserted by No. 17/2023 s. 30.
16ZR Powers of reportable conduct authorised officers to enter premises
(1) A reportable conduct authorised officer may enter and inspect any premises or place if the officer reasonably believes it is a premises or place from or in which an entity—
(a) operates; or
(b) exercises care, supervision or authority over children; or
(c) provides support for an activity referred to in paragraph (a) or (b).
(2) Subject to subsection (3), a reportable conduct authorised officer may only enter a premises or place under subsection (1)—
(a) if the officer has provided notice to the occupier of the premises or place in accordance with section 16ZS and the occupier consents to the entry, for the purposes of monitoring compliance by the head of an entity with section 16M(1); or
(b) in accordance with a warrant issued under section 16ZV in relation to the premises or place; or
(c) in the case of any premises or place other than residential premises, if the officer reasonably believes that the head of the entity is not complying, or has not complied with section 16M(1).
(3) While exercising a power of entry under subsection (2)(a) or (c), a reportable conduct authorised officer must not enter any part of a premises or place in which the entity provides accommodation or residential services unless—
(a) the resident of that part of the premises or place consents to the entry; or
(b) if the resident is unable to consent, the resident's parent or guardian consents to the entry.
(4) Before obtaining the consent of the resident, parent or guardian for the purposes of subsection (3), the reportable conduct authorised officer must—
(a) inform the resident, parent or guardian—
(ii) that the resident, parent or guardian may refuse to consent to the entry; and
(iii) that the resident, parent or guardian may refuse to consent to the seizure of any thing by the authorised officer during the entry; and
(iv) that the officer may exercise any or all of the powers set out in section 16ZT during the entry without obtaining further consent from the resident, parent or guardian; and
(v) that the resident, parent or guardian may refuse to consent to the officer exercising a power specified in section 16ZT during the entry; and
(vi) that any thing seized by the officer during the entry with the consent of the resident, parent or guardian may be used in evidence in proceedings in relation to offences under this Act; and
(b) ask the resident, parent or guardian to sign an acknowledgement setting out—
(i) that the resident, parent or guardian has been informed of the matters set out in paragraph (a); and
(ii) that the resident, parent or guardian consents to the entry; and
(iii) the time and date the resident, parent or guardian provided consent.
(5) A resident, parent or guardian who signs an acknowledgement under subsection (4)(b) must be given a copy of the signed acknowledgement before the reportable conduct authorised officer leaves the premises.
(6) A signed acknowledgement under subsection (4)(b) is evidence that the resident, parent or guardian consented to the entry of a premises or place.
(7) If, in any proceeding, a signed acknowledgement under subsection (4)(b) is not produced to the court or tribunal, it must be presumed until the contrary is proved that the resident, parent or guardian did not consent to the entry of a premises or place.
(8) A reportable conduct authorised officer may exercise a power of entry under subsection (2)(a) or (c)—
(a) during the normal business hours of the premises or place; and
(b) if the entity provides services outside normal business hours, during the entity's hours of operation; and
(c) at any time if the occupier consents to the entry.
(9) If the reportable conduct authorised officer is on the premises or place with the consent of the occupier or a resident, parent or guardian, the officer must leave the premises or place if the occupier, resident, parent or guardian asks the officer to do so.
S. 16ZS inserted by No. 17/2023 s. 30.
16ZS Notice required for entry with consent
(1) A reportable conduct authorised officer must not exercise a power of entry or inspection under section 16ZR(2)(a), unless the officer before obtaining the occupier's consent—
(a) produces the officer's identity card for inspection; and
(b) informs the occupier—
(ii) that the occupier may refuse to consent to the entry; and
(iii) that the occupier may refuse to consent to the seizure of any thing by the authorised officer during the entry; and
(iv) that the officer may exercise any or all of the powers set out in section 16ZT during the entry without obtaining further consent from the occupier; and
(v) that the occupier may refuse to consent to the officer exercising a power specified in section 16ZT during the entry; and
(vi) that any thing seized by the authorised officer during the entry with the consent of the occupier may be used in evidence in proceedings in relation to offences under this Act; and
(c) asks the occupier to sign an acknowledgement setting out—
(i) that the occupier has been informed of the matters set out in paragraph (b); and
(ii) that the occupier consents to the entry; and
(iii) the time and date the occupier provided consent.
(2) An occupier who signs an acknowledgement under subsection (1)(c) must be given a copy of the signed acknowledgement before the reportable conduct authorised officer leaves the premises or place.
(3) A signed acknowledgement under subsection (1)(c) is evidence that the occupier consented to the entry of a premises or place.
(4) If, in any proceeding, a signed acknowledgement under subsection (1)(c) is not produced to the court or tribunal, it must be presumed until the contrary is proved that the occupier did not consent to the entry of a premises or place.
S. 16ZT inserted by No. 17/2023 s. 30.
16ZT Powers after entry and consent
(1) This section applies if a reportable conduct authorised officer enters any premises or place under section 16ZR(2)(a).
(2) The reportable conduct authorised officer may do any of the following—
(e) take photographs, or make any type of recording or sketches, of any document, thing or activity at the premises or place;
(h) use and operate any equipment and materials, including but not limited to any disk, tape or storage device, at the premises or place;
(i) secure any electronic equipment that the officer reasonably believes stores or contains information that may be lost, destroyed or tampered with if the equipment is not secured;
(j) request any person at the premises to give information that the officer reasonably believes is necessary to determine whether or not the head of an entity is complying, or has complied, with section 16M(1);
(k) seize any document or any other thing at the premises or place that the officer reasonably believes is evidence relevant to whether the head of an entity is not complying, or has not complied, with section 16M(1);
(l) request any person at the premises or place to provide the officer with any reasonable assistance;
(m) request any person at the premises or place to comply with any lawful direction, whether written or oral, of the officer.
(3) A reportable conduct authorised officer may exercise a power under subsection (2) only if the officer reasonably believes it is necessary to do so to investigate whether the head of an entity is not complying, or has not complied, with section 16M(1).
S. 16ZU inserted by No. 17/2023 s. 30.
16ZU Acknowledgement of document or thing seized during entry with consent
(1) The reportable conduct authorised officer must not seize any document or thing under section 16ZT(2)(k) unless the officer asks the owner to sign an acknowledgement setting out—
(a) that the owner consents to the seizure of the document or thing; and
(b) the time and date the owner provided consent.
(2) An owner who signs an acknowledgement under subsection (1) must be given a copy of the signed acknowledgement before the reportable conduct authorised officer leaves the premises.
(3) A signed acknowledgement under subsection (1) is evidence that the owner consented to the seizure of a document or thing.
(4) If, in any proceeding, a signed acknowledgement under subsection (1) is not produced to the court or tribunal, it must be presumed until the contrary is proved that the owner did not consent to the seizure of a document or thing.
S. 16ZV inserted by No. 17/2023 s. 30.
16ZV Application for warrant
(1) A reportable conduct authorised officer may apply to a magistrate for a warrant in relation to any premises or place if the officer believes on reasonable grounds that—
(a) entry to the premises or place is necessary to investigate whether the head of an entity is not complying, or has not complied, with section 16M(1); or
(b) documents or other things relevant to the possible contravention of section 16M(4) may be, or within 72 hours may be, present at the premises or place.
(2) The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or by affirmation, that there are reasonable grounds to believe that entry to the premises or place is necessary on the grounds on which issue of the warrant is sought.
(3) A warrant issued under subsection (2) may authorise a reportable conduct authorised officer, with necessary and reasonable help and force—
(a) to enter the premises or place, or any specified part of the premises or place, on one occasion; and
(b) to search for and seize a document or thing specified in the warrant; and
(c) to seize any other document or thing, or to copy or take an extract from any document, that the officer reasonably believes is relevant to a possible contravention of section 16M(4).
(4) A warrant issued under subsection (2) must state—
(a) the purpose for which the warrant is issued; and
(b) the premises or place to be entered under the warrant; and
(c) any document or thing that may be seized under the warrant; and
(d) whether the entry is authorised to be made at any time of the day or during specified hours of the day; and
(e) any conditions to which the warrant is subject; and
(f) the day, within 7 days of the issue of the warrant, on which the warrant ceases to have effect; and
(g) that the warrant is issued in accordance with the Magistrates' Court Act 1989.
(5) Subject to this section, the rules that apply to search warrants under the Magistrates' Court Act 1989 extend and apply to a warrant issued under this section.
(6) Section 78(1)(b)(iii) of the Magistrates' Court Act 1989 does not apply to a warrant issued under this section.
S. 16ZW inserted by No. 17/2023 s. 30.
16ZW Entry under warrant
(1) Before entering any premises or place under a warrant issued under section 16ZV, a reportable conduct authorised officer must—
(a) announce that the officer is authorised by the warrant to enter the premises or place; and
(b) give any person at the premises or place an opportunity to allow entry to the premises or place; and
(c) if the occupier is present at the premises or place, give the occupier a copy of the warrant.
Section 16ZQ(3) sets out requirements for reportable conduct authorised officers to produce identity cards.
(2) Subsection (1) does not apply if the reportable conduct authorised officer believes on reasonable grounds that immediate entry to the premises or place is required to ensure that the effective execution of the warrant is not frustrated.
S. 16ZX inserted by No. 17/2023 s. 30.
16ZX Powers after entry under warrant
(1) This section applies if a reportable conduct authorised officer enters any premises or place under a warrant issued under section 16ZV.
(2) The reportable conduct authorised officer may, subject to any condition of the warrant, do any of the following if the officer considers it reasonably necessary for the purposes of executing the warrant—
(e) take photographs, or make any type of recording or sketches, of any document, thing or activity at the premises or place;
(h) use and operate any equipment and materials, including but not limited to any disk, tape or storage device, at the premises or place;
(i) secure any electronic equipment that the officer reasonably believes stores or contains information that may be lost, destroyed or tampered with if the equipment is not secured;
(j) any other thing the officer considers reasonably necessary.
(3) The reportable conduct authorised officer may, subject to any condition of the warrant, require a person to do any of the following if the officer considers it reasonably necessary for the purposes of executing the warrant—
(a) produce a document or part of a document located at the premises or place that is under that person's possession or control;
(b) disclose any information that the officer reasonably believes the person has that relates to whether the head of an entity is not complying, or has not complied, with section 16M(1);
(c) provide the officer with any reasonable assistance;
(d) operate any equipment at the premises or place to enable the officer to access information stored on the equipment;
(e) comply with any lawful direction, whether written or oral, of the officer.
(4) If a reportable conduct authorised officer requires a person to do any thing under subsection (3), the officer must—
(a) inform the person that it is an offence to fail or refuse to comply with the requirement without reasonable excuse; and
(b) inform the person that it is a reasonable excuse for the person to refuse or fail to comply with the requirement if complying with the requirement would tend to incriminate the person; and
(5) Subject to any condition of the warrant, if the reportable conduct authorised officer secures any electronic equipment under subsection (2)(i), that equipment may be secured—
(a) subject to subsection (6), until the earlier of the following—
(ii) the time at which the reportable conduct authorised officer, or a person providing technical assistance to the officer, operates the equipment for the purpose of obtaining information described in subsection (2)(i); or
(6) Subject to any condition of the warrant, the reportable conduct authorised officer may apply to a magistrate for an extension of the period during which electronic equipment may be secured if the officer reasonably believes that the extension is necessary to obtain information described in subsection (2)(i).
S. 16ZY inserted by No. 17/2023 s. 30.
16ZY Failure to provide assistance
(1) A person must not, without reasonable excuse, fail to comply with a requirement made by a reportable conduct authorised officer under section 16ZX(3).
(2) Subsection (1) does not apply to a person if the reportable conduct authorised officer did not inform the person, in accordance with section 16ZX(4)(b), that it is a reasonable excuse to refuse or fail to comply with the requirement if complying with the requirement would tend to incriminate the person.
S. 16ZZ inserted by No. 17/2023 s. 30.
16ZZ Powers after entry without consent or warrant
(1) This section applies if a reportable conduct authorised officer enters any premises or place in accordance with section 16ZR(2)(c).
(2) The reportable conduct authorised officer may do any of the following—
(e) take photographs, or make any type of recording or sketches, of any document, thing or activity at the premises or place;
(h) use and operate any equipment and materials, including but not limited to any disk, tape or storage device, at the premises or place;
(i) secure any electronic equipment that the officer reasonably believes stores or contains information that may be lost, destroyed or tampered with if the equipment is not secured;
(j) with the consent of the owner of the document or thing, seize any document or any other thing at the premises or place that the officer reasonably believes is evidence relevant to whether the head of an entity is not complying, or has not complied, with section 16M(1).
(3) The reportable conduct authorised officer may require a person at the premises or place to do any of the following—
(a) produce a document or part of a document located at the premises or place that the officer reasonably believes the person has that relates to whether the head of an entity is not complying, or has not complied, with section 16M(1);
(b) disclose any information that the officer reasonably believes the person has that relates to whether the head of an entity is not complying, or has not complied, with section 16M(1);
(c) operate any equipment at the premises or place to enable the officer to access information stored on the equipment.
(4) If a reportable conduct authorised officer requires a person to do any thing under subsection (3), the officer must—
(a) inform the person that it is an offence to fail or refuse to comply with the requirement without reasonable excuse; and
(b) inform the person that it is a reasonable excuse for the person to refuse or fail to comply with the requirement if complying with the requirement would tend to incriminate the person; and
(5) The reportable conduct authorised officer may request a person at the premises or place to do any of the following—
(a) provide the officer with any reasonable assistance;
(b) comply with any lawful direction, whether written or oral, of the officer.
(6) A reportable conduct authorised officer may exercise a power under subsection (2), (3) or (5) only if the officer reasonably believes it is reasonably necessary to do so to investigate whether the head of an entity is not complying, or has not complied, with section 16M(1).
(7) If the reportable conduct authorised officer secures any electronic equipment under subsection (2)(i), that equipment may be secured—
(a) subject to subsection (8), until the earlier of the following—
(ii) the time at which the officer, or a person providing technical assistance to the officer, operates the equipment for the purpose of obtaining information described in subsection (2)(i); or
(8) The reportable conduct authorised officer may apply to a magistrate for an extension of the period during which electronic equipment may be secured if the officer reasonably believes that the extension is necessary to obtain information described in subsection (2)(i).
S. 16ZZA inserted by No. 17/2023 s. 30.
16ZZA Acknowledgment of seizure during entry without consent
(1) The reportable conduct authorised officer must not seize any document or thing under section 16ZZ(2)(j) unless the officer—
(a) informs the owner that the owner may refuse to consent to the seizure; and
(b) asks the owner to sign an acknowledgement setting out—
(i) that the owner consents to the seizure of the document or thing; and
(ii) the time and date the owner provided consent.
(2) An owner who signs an acknowledgement under subsection (1) must be given a copy of the signed acknowledgement before the reportable conduct authorised officer leaves the premises.
(3) A signed acknowledgement under subsection (1) is evidence that the owner consented to the seizure of a document or thing.
(4) If, in any proceeding, a signed acknowledgement under subsection (1) is not produced to the court or tribunal, it must be presumed until the contrary is proved that the owner did not consent to the seizure of a document or thing.
S. 16ZZB inserted by No. 17/2023 s. 30.
16ZZB Failure to provide assistance
(1) A person must not, without reasonable excuse, fail to comply with a requirement made by a reportable conduct authorised officer under section 16ZZ(3).
(2) Subsection (1) does not apply to a person if the reportable conduct authorised officer did not inform the person, in accordance with section 16ZZ(4)(b), that it is a reasonable excuse to refuse or fail to comply with the requirement if complying with the requirement would tend to incriminate the person.
S. 16ZZC inserted by No. 17/2023 s. 30.
16ZZC Protection against self-incrimination
S. 16ZZC(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.57).
(1) It is a reasonable excuse for an individual to refuse or fail to comply with a requirement of a reportable conduct authorised officer or the Social Services Regulator under this Part if complying with the requirement would tend to incriminate the individual.
(2) It is a reasonable excuse for an individual to refuse or fail to comply with a notice to produce, if complying with the notice would tend to incriminate the person.
(3) It is a reasonable excuse for a person to refuse or fail to comply with a reportable conduct notice to produce or a notice to comply if—
(a) in the case of a notice to produce, the person believes on reasonable grounds that the person does not have any document or information required to be produced under the notice; or
(b) in the case of a notice to comply, the head of the entity reasonably considers that the head of the entity is unable to comply with the notice.
S. 16ZZD inserted by No. 17/2023 s. 30.
16ZZD Reportable conduct authorised officer may interview child
(1) While exercising a power under section 16ZT(2), 16ZX(2) or 16ZZ(2), a reportable conduct authorised officer may interview a child present at the premises or place.
(2) Before interviewing a child, the reportable conduct authorised officer must consider, and take all reasonable steps to mitigate, any negative effect that the interview may have on the child.
(3) Without limiting subsection (2), the reportable conduct authorised officer 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.
S. 16ZZE inserted by No. 17/2023 s. 30.
16ZZE Affidavits
A reportable conduct authorised officer who is an authorised affidavit taker within the meaning of the Oaths and Affirmations Act 2018 may take an affidavit after entry to any premises or place in accordance with section 16ZR(2).
S. 16ZZF inserted by No. 17/2023 s. 30.
16ZZF Seizure of documents and things
(1) If a reportable conduct authorised officer seizes a document or thing during entry to a premises or place under section 16ZT or 16ZZ or under a warrant issued under section 16ZV, the officer must—
(a) give the owner of the document or thing a written receipt of the seizure; and
(b) within 21 days of the seizure, give the owner a copy of that document certified by the officer.
(2) A receipt under subsection (1)(a) must—
(a) identify the document or thing seized; and
(b) set out the name of the reportable conduct authorised officer and a method of contacting the officer; and
(c) set out the reason for the seizure; and
(d) contain any prescribed information.
(3) The reportable conduct authorised officer must return any seized document or thing to the owner—
(a) if the reason for the seizure no longer applies; or
(b) if the document or thing was seized under section 16ZT(2) or 16ZZ(2), if the owner of the document or thing withdraws consent for the seizure.
(4) If a seized document or thing is not returned to the owner within 3 months of the seizure, the reportable conduct authorised officer must take reasonable steps to return the document or thing to the owner unless—
(a) the proceeding or investigation for which the document or thing was seized has commenced but is not resolved or finally determined; or
(b) the Magistrates' Court by order extends the period during which the seized document or thing may be held; or
(c) the owner consents to the document or thing being held for a longer period; or
(d) the officer is authorised by any law to destroy, continue to hold or dispose of the document or thing.
(5) The reportable conduct authorised officer may apply to a magistrate for an extension of not more than 3 months of the period during which a seized document or thing may be held.
(6) The magistrate must not grant the extension sought unless the magistrate is satisfied that the extension is necessary for the purposes of an investigation into whether the head of an entity is not complying, or has not complied, with section 16M(1).
(7) If the reportable conduct authorised officer makes an application for an extension under subsection (5), the officer must give the owner at least 7 days' notice of the hearing of the application.
(8) The total period of all extensions granted under subsection (6) in relation to a particular document or thing must not exceed 12 months.
S. 16ZZG inserted by No. 17/2023 s. 30.
16ZZG Destruction of seized document or thing
S. 16ZZG(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.58(a)).
(1) If, after taking reasonable steps to do so, a reportable conduct authorised officer is not able to return a document or thing seized under section 16ZT or 16ZZ, or under a warrant issued under section 16ZV, to the owner, the Social Services Regulator may apply to a magistrate for permission to destroy the document or thing.
S. 16ZZG(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.58(b)).
(2) If the Social Services Regulator applies under subsection (1) for permission to destroy a document or thing, the Social Services Regulator must serve a copy of the application on the owner.
(3) The magistrate may—
(a) grant the permission sought if the magistrate considers it appropriate to do so; and
(b) make any other order the magistrate considers appropriate, including but not limited to an order for the payment of costs for the destruction of the document or thing.
S. 16ZZH inserted by No. 17/2023 s. 30.
16ZZH Offence to obstruct or impersonate reportable conduct authorised officer
(1) A person must not hinder or obstruct—
(a) a reportable conduct authorised officer exercising a power under this Part; or
(b) a person who is assisting a reportable conduct authorised officer exercising a power under this Part.
(2) A person who is not a reportable conduct authorised officer must not, in any way, hold themselves out to be a reportable conduct authorised officer.
Penalty: 30 penalty units.
Division 3—Notices to produce and notices to comply
S. 16ZZI inserted by No. 17/2023 s. 30.
16ZZI Notice to produce
S. 16ZZI(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.59(a)).
(1) If the Social Services Regulator reasonably believes that the head of an entity is not complying with, or has not complied with, section 16M(1), the Social Services Regulator may issue a written notice requiring the following to produce a specified document or information before a specified date (being not less than 14 days after the day on which the notice is given)—
(a) the head of the entity;
S. 16ZZI(1)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.59(a)).
(b) any other person that the Social Services Regulator reasonably believes possesses the document or information.
(2) A notice under subsection (1) must be in the prescribed form, if any, and must specify—
(a) the document or category of documents that must be produced; and
(b) the date by which the document or category of documents must be provided; and
(c) the maximum civil penalty payable if the Magistrates' Court makes a declaration under section 16ZZL; and
(d) the process for seeking an internal review of the decision to give a notice to produce; and
(e) the prescribed matters, if any.
S. 16ZZI(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.59(b)).
(3) A person given a notice under subsection (1) must provide each document specified in the notice to the Social Services Regulator on or before the date specified in the notice.
S. 16ZZI(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.59(b)).
(4) The Social Services Regulator, by further written notice given at any time, may vary or revoke a notice under subsection (1).
S. 16ZZJ inserted by No. 17/2023 s. 30.
16ZZJ Reportable conduct notice to comply
S. 16ZZJ(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.60(a)).
(1) The Social Services Regulator may give the head of an entity a notice to comply if the Social Services Regulator reasonably believes that the head of the entity is not complying with section 16M(1)(a) or (b).
(2) A reportable conduct notice to comply—
(i) the reason for the issue of the notice to comply;
S. 16ZZJ (2)(b)(ii) amended by No. 58/2025 s. 55(Sch. 1 item 1.60(b)).
(ii) the grounds for the Social Services Regulator's belief that the head of the entity is not complying with section 16M(1)(a) or (b);
(iii) the action that the head of the entity is required to take to address any issues that have been identified in the notice to comply;
(iv) the date by which the head of the entity must take the action specified in the notice to comply, being not less than 14 days after the day on which the notice is given;
(v) the maximum pecuniary penalty for failing to comply with the notice;
(vi) the process for seeking a review of the decision to issue the notice;
(vii) the prescribed matters (if any).
S. 16ZZK inserted by No. 17/2023 s. 30.
16ZZK Failure to comply with notice to produce or reportable conduct notice to comply
(1) A person must not, without reasonable excuse, fail to comply with a notice to produce.
(2) The head of an entity must not, without reasonable excuse, fail to comply with a reportable conduct notice to comply.
S. 16ZZL inserted by No. 17/2023 s. 30.
16ZZL Application for a declaration and order to pay a civil penalty
S. 16ZZL(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.61).
(1) If a person, without reasonable excuse, fails to comply with a notice to produce, the Social Services Regulator may apply to the Magistrates' Court for—
(a) a declaration that the person has failed to comply with the notice; and
(b) an order requiring the person to pay a civil penalty.
S. 16ZZL(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.61).
(2) If a head of an entity, without reasonable excuse, fails to comply with a reportable conduct notice to comply, the Social Services Regulator may apply to the Magistrates' Court for—
(a) a declaration that the head of the entity has failed to comply with the notice; and
(b) an order requiring the head of the entity to pay a civil penalty.
(3) The Magistrates' Court may make the declaration sought if the court is satisfied that—
(a) the person or head of the entity has failed to comply with the notice to produce or the reportable conduct notice to comply (as the case requires); and
(b) the failure was unreasonable.
S. 16ZZL(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.61).
(4) If the Magistrates' Court makes a declaration under subsection (2), the court may order the person to pay to the Social Services Regulator for payment into the Consolidated Fund an amount not exceeding $9000 as a civil penalty.
(5) In determining the amount of a civil penalty, the Magistrates' Court must consider—
(a) the impact of the civil penalty on the person; and
(b) whether the non-compliance with the notice to produce or the notice to comply (as the case requires) was wilful or serious.
(6) An order made under this section is taken, for the purposes of enforcement, to be an order made by the Magistrates' Court in a civil proceeding.
S. 16ZZL(7) amended by No. 58/2025 s. 55(Sch. 1 item 1.61).
(7) A civil penalty paid to the Social Services Regulator in accordance with an order made under this section must be paid into the Consolidated Fund.
S. 16ZZM inserted by No. 17/2023 s. 30.
16ZZM Infringement notices
S. 16ZZM(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.62).
(1) A reportable conduct authorised officer may issue to or serve an infringement notice on any person or entity that the Social Services Regulator reasonably believes has committed a prescribed offence.
(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
(3) The infringement penalty for an offence referred to in subsection (1) is the prescribed penalty.
(4) For the purposes of subsection (1), an infringement notice—
(a) must be in the form required by the Infringements Act 2006; and
S. 16ZZM(4)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.62).
(b) may contain any additional information approved by the Social Services Regulator.
S. 16ZZN inserted by No. 17/2023 s. 30.
16ZZN Pending criminal or civil proceedings
S. 16ZZN(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.63(a)).
(1) If the Social Services Regulator applies under section 16ZZL(1) or (2) for a declaration or an order against a person for failing to comply with a notice to produce or a reportable conduct notice to comply, the Social Services Regulator must not commence criminal proceedings for a charge against section 16ZZK(1) or (2) that is constituted by the failure or alleged failure of that person to comply with that notice.
(2) Subsection (1) applies whether or not the court makes a declaration or order in response to an application under section 16ZZL(1) or (2).
(3) If a person has been convicted or found guilty of an offence against section 16ZZK, or a charge against the person for an offence against section 16ZZK is pending, that is constituted by the failure or alleged failure of that person to comply with a notice to produce or reportable conduct notice to comply—
S. 16ZZN(3)(a) amended by No. 58/2025 s. 55(Sch. 1 item 1.63(b)).
(a) the Social Services Regulator may not apply under section 16ZZL(1) or (2) for an order for the person to pay a pecuniary penalty for failure to comply with that notice; and
(b) the court may not order the person to pay a pecuniary penalty for failure to comply with that notice.
S. 16ZZO inserted by No. 17/2023 s. 30.
16ZZO Power to bring a proceeding
S. 16ZZO(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.64).
(1) A proceeding for an offence against this Part may be commenced by the Social Services Regulator or a police officer.
(2) A proceeding commenced under subsection (1) may be taken over and continued at any time by any other person authorised by subsection (1) to commence proceedings.
(3) In a proceeding for an offence against this Part, it must be presumed, in the absence of evidence to the contrary, that the person commencing the proceeding was authorised to commence the proceeding.
S. 16ZZP inserted by No. 17/2023 s. 30.
16ZZP Internal review of decisions to issue notices under this Part
S. 16ZZP(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.65).
(1) A person may seek a review by the Social Services Regulator of a decision to give a notice to produce.
S. 16ZZP(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.65).
(2) The head of an entity may seek a review by the Social Services Regulator of a decision to give a reportable conduct notice to comply.
S. 16ZZP(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.65).
(3) The Social Services Regulator must prepare and implement a process for the review of—
(a) a decision to give a notice to produce; or
(b) a decision to give a reportable conduct notice to comply.
S. 16ZZQ inserted by No. 17/2023 s. 30.
16ZZQ Review by VCAT of decision to give notice to comply
S. 16ZZQ(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.66).
(1) A head of an entity may apply to VCAT for review of a decision by the Social Services Regulator to give the head of an entity a reportable conduct notice to comply.
(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the head of an entity requests a statement of reasons for the decision, the day on which the statement of reasons is given to the head of the entity or the head of the entity is informed under section 46(5) of that Act that a statement of reasons will not be given.
(3) Before a head of an entity is entitled to apply to VCAT for the review of a decision referred to in subsection (1), the head of the entity must have exhausted all available avenues for the internal review of the decision.
S. 16ZZR inserted by No. 17/2023 s. 30.
16ZZR Complaints
S. 16ZZR(1) amended by No. 58/2025 s. 55(Sch. 1 item 1.67(a)).
(1) Any person may complain to the Social Services Regulator about the exercise of a power by a reportable conduct authorised officer under this Part or a warrant issued under section 16ZV.
S. 16ZZR(2) amended by No. 58/2025 s. 55(Sch. 1 item 1.67(b)).
(2) A complaint to the Social Services Regulator under subsection (1) may be made in writing or in any other form approved by the Social Services Regulator.
S. 16ZZR(3) amended by No. 58/2025 s. 55(Sch. 1 item 1.67(a)).
(3) On receiving a complaint under subsection (1), the Social Services Regulator must—
(a) investigate the complaint; and
(b) provide a written report to the complainant and the reportable conduct authorised officer on the results of the investigation.
S. 16ZZR(4) amended by No. 58/2025 s. 55(Sch. 1 item 1.67(b)).
(4) Before finalising a report under subsection (3), the Social Services Regulator must—
(a) give the reportable conduct authorised officer an opportunity to comment on the proposed report within a period ending not less than 14 days after the officer receives the report; and
S. 16ZZR(4)(b) amended by No. 58/2025 s. 55(Sch. 1 item 1.67(b)).
(b) consider any comments that the officer provides to the Social Services Regulator within that period.
Pt 6 (Heading and ss 17–41) amended by Nos 96/2005 s. 604(2), 46/2009
ss 9–15, repealed by No. 79/2012 s. 77, new Pt. 6 (Heading and new ss 17–23) inserted by No. 63/2015 s. 6.
Part 6—Child Safe Standards
Pt 6 Div. 1 (Heading) inserted by No. 63/2016 s. 7.
Division 1—Child Safe Standards
New s. 17 inserted by No. 63/2015 s. 6.
17 Minister may make Child Safe Standards
S. 17(1) amended by No. 4/2018 s. 8.
(1) The Minister may make standards to ensure that in the operations of relevant entities—
(a) the safety of children is promoted; and
(b) child abuse is prevented; and
(c) allegations of child abuse are properly responded to.
(2) The Minister must publish the Child Safe Standards in the Government Gazette.
(3) An amendment to the Child Safe Standards has effect—
(a) on the day that is 30 days after the day that the amendment is published in the Government Gazette; or
(b) on a later day that is specified in the amendment.
New s. 18 inserted by No. 63/2015 s. 6,
repealed by No. 23/2021 s. 7.
S. 19 (Heading) amended by No. 23/2021 s. 8(1).
New s. 19 inserted by No. 63/2015 s. 6.
19 Schedule 1 entities must comply with Child Safe Standards
S. 19(1) amended by No. 23/2021 s. 8(2)(a)(b).
(1) An entity referred to in Schedule 1 must comply with the Child Safe Standards unless—
(a) the entity is exempt under section 22; or
S. 19(1)(b) amended by No. 23/2021 s. 8(2)(c).
(b) the regulations provide that the entity is exempt from this requirement.
S. 19(1)(c) repealed by No. 23/2021 s. 8(2)(d).
S. 19(2) repealed by No. 23/2021 s. 8(3).
S. 19(3) amended by No. 23/2021 s. 8(4)(a).
(3) Regulations made for the purposes of subsection (1)(b) may prescribe—
S. 19(3)(a) amended by Nos 4/2018 s. 9(a), 23/2021 s. 8(4)(b).
(a) a class of entity referred to in Schedule 1 that is to be exempt from the requirement to comply with the Child Safe Standards; or
S. 19(3)(b) amended by Nos 4/2018 s. 9(b), 23/2021 s. 8(4)(c).
(b) an entity referred to in Schedule 1 (other than an individual) that is to be exempt from that requirement.
S. 19(4) repealed by No. 23/2021 s. 8(5).
S. 20 (Heading) amended by Nos 4/2018 s. 10(1), 23/2021 s. 9(1).
New s. 20 inserted by No. 63/2015 s. 6.
20 Prescribed applicable entity must comply with Child Safe Standards
S. 20(1) amended by Nos 4/2018 s. 10(2), 23/2021 s. 9(2).
(1) A prescribed applicable entity must comply with the Child Safe Standards on and after the date prescribed in respect of that entity.
S. 20(2) amended by No. 4/2018 s. 10(3).
(2) Regulations made for the purposes of subsection (1) may only prescribe an entity that is not an individual.
S. 21 (Heading) amended by Nos 4/2018 s. 11(1), 23/2021 s. 10(1).
New s. 21 inserted by No. 63/2015 s. 6, amended by Nos 4/2018 s. 11(2), 23/2021 s. 10(2).
21 Applicable entity belonging to a prescribed class must comply with Child Safe Standards
An applicable entity that belongs to a prescribed class must comply with the Child Safe Standards on and after the day prescribed in respect of that class unless the entity is exempt under section 22.
New s. 22 inserted by No. 63/2015 s. 6, amended by Nos 4/2018 s. 12(1), 23/2021 s. 11(1)(2) (ILA s. 39B(1)).
22 Exemption from requirement to comply with Child Safe Standards
(1) Subject to subsection (2), an entity referred to in Schedule 1 or an applicable entity is exempt from a requirement to comply with the Child Safe Standards under section 19, 20 or 21 if the entity does not do any of the following—
(a) provide any services specifically for children;
(b) provide any facilities specifically for use by children who are under the entity's supervision;
S. 22(1)(c) amended by No. 4/2018 s. 12(2).
(c) engage a child as a contractor, employee or volunteer to assist the entity in providing services or facilities or in producing or providing goods.
S. 22(2) inserted by No. 23/2021 s. 11(2).
(2) Subsection (1) does not apply to an entity to which the reportable conduct scheme applies.
S. 23 (Heading) amended by No. 4/2018 s. 13(1).
New s. 23 inserted by No. 63/2015 s. 6.
23 Application of Child Safe Standards to businesses not carried on by certain entities
(1) This section applies to an individual—
S. 23(1)(a) amended by Nos 4/2018 s. 13(2), 23/2021 s. 12.
(a) who is not an entity referred to in Schedule 1 or an applicable entity; and
(b) who carries on a business that belongs to a prescribed class and that provides—
(i) services specifically for children; or
(ii) facilities specifically for use by children who are under the individual's supervision.
(2) The individual must comply with the Child Safe Standards on and after the day prescribed in respect of the prescribed class of business.
S. 23A inserted by No. 23/2021 s. 13.
23A Compliance with Child Safe Standards generally
Unless an exemption under this Act applies, an entity or individual referred to in section 19(1), 20(1), 21 or 23 must comply with the Child Safe Standards despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities) or subordinate instrument.
Pt 6 Div. 2 (Heading) substituted by No. 58/2025 s. 31.
Pt 6 Div. 2 (Heading and new ss 24, 25) inserted by No. 63/2016 s. 8.
Division 2—The Social Services Regulator
S. 24 (Heading) amended by No. 58/2025 s. 32(1).
New s. 24 inserted by No. 63/2016 s. 8, amended by No. 58/2025 s. 32(2).
24 Objectives of Social Services Regulator
Without limiting section 7 of the Social Services Regulation Act 2021, the objectives of the Social Services Regulator, in the exercise of the Social Services Regulator's functions and powers under this Part, are—
(a) to promote continuous improvement by relevant entities, in respect of the children who use their services or facilities or who are engaged to assist in providing their services or facilities, in the ways in which, in their operations—
(iii) allegations of child abuse are properly responded to; and
(b) to serve the public interest by promoting—
(i) the safety of children; and
(ii) the prevention of child abuse; and
S. 24(b)(iii) amended by No. 23/2021 s. 14(a).
(iii) the proper response to allegations of child abuse; and
S. 24(c) inserted by No. 23/2021 s. 14(b).
(c) to promote compliance with the Child Safe Standards and consistency in child safety outcomes by providing information and guidance to sector regulators and integrated sector regulators.
S. 25 (Heading) amended by No. 58/2025 s. 33(1).
New s. 25 inserted by No. 63/2016 s. 8, substituted by No. 23/2021 s. 15.
25 Functions and powers of the Social Services Regulator
S. 25(1) amended by No. 58/2025 s. 33(2)(a).
(1) The Social Services Regulator has the following functions in relation to the Child Safe Standards—
(a) to provide education, information and advice on the Child Safe Standards to any person or entity;
(b) to publish guidance notes that promote consistent child safety outcomes and compliance with, and the enforcement of, the Child Safe Standards, for use by sector regulators and integrated sector regulators;
S. 25(1)(c) substituted by No. 58/2025 s. 33(2)(b).
(c) in relation to a relevant entity for which the Social Services Regulator is an integrated sector regulator, the functions set out in section 14 of the Social Services Regulation Act 2021;
(d) to collect, analyse and publish information and data relating to the Child Safe Standards;
S. 25(1)(e) amended by No. 58/2025 s. 33(2)(c).
(e) to work collaboratively with sector regulators and other integrated sector regulators in relation to the safety of children and compliance with the Child Safe Standards;
S. 25(1)(f) amended by No. 58/2025 s. 33(2)(d).
(f) to promote information exchange between sector regulators and other integrated sector regulators in relation to the safety of children and compliance with the Child Safe Standards;
S. 25(1)(g) amended by No. 58/2025 s. 33(2)(e).
(g) any other functions conferred on the Social Services Regulator under this Part or under regulations made for the purposes of this Part.
S. 25(2) repealed by No. 58/2025 s. 33(3).
S. 25(3) amended by No. 58/2025 s. 33(4)(a).
(3) The Social Services Regulator has the following powers in relation to the Child Safe Standards—
S. 25(3)(a) amended by No. 58/2025 s. 33(4)(a).
(a) any power conferred on the Social Services Regulator under this Part or under regulations made for the purposes of this Part;
S. 25(3)(b) amended by No. 58/2025 s. 33(4)(b).
(b) in relation to a relevant entity for which it is an integrated sector regulator, the powers described in section 14(3) of the Social Services Regulation Act 2021;
(c) any power necessary or convenient to perform its functions under this Part or under regulations made for the purposes of this Part.
S. 25A inserted by No. 23/2021 s. 15.
25A Guidance notes on Child Safe Standards
S. 25A(1) amended by No. 58/2025 s. 34(1).
(1) Before publishing guidance notes referred to in section 25(1)(b), the Social Services Regulator must consult with sector regulators and other integrated sector regulators regarding the contents of the guidance notes.
S. 25A(2) amended by No. 58/2025 s. 34(2).
(2) Sector regulators and integrated sector regulators must have regard to any guidance notes published by the Social Services Regulator in carrying out functions and exercising powers relating to the Child Safe Standards.
Pt 6 Div. 2A (Heading and ss 25B–25H) inserted by No. 23/2021 s. 16 (as amended by No. 43/2022 s. 12).
Division 2A—Sector regulators and integrated sector regulators
S. 25B inserted by No. 23/2021 s. 16 (as amended by No. 43/2022 s. 12).
Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.
Version No. 046
Child Wellbeing and Safety Act 2005
No. 83 of 2005
Version incorporating amendments as at
23 February 2026
table of provisions
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 3
3 Definitions 3
3A Meaning of worker and volunteer worker 23
Part 2—Principles for children 25
4 Principles are for guidance 25
5 Principles for children 25
5A Principles for compliance with Child Safe Standards 27
Part 3—Child wellbeing and safety 30
6 The role of the Minister 30
7 Role of the Secretary in relation to Aboriginal communities 30
Part 4—Victorian Children's Council 31
8 Establishment of Victorian Children's Council 31
9 Constitution of Council 31
10 Functions of the Council 32
11 Sub-committees 32
12 Procedure of the Council 32
Part 5—Children's Services Co‑ordination Board 33
13 Establishment of Children's Services Co-ordination Board 33
14 Constitution of Board 33
15 Functions of the Board 34
16 Procedure of the Board 34
Part 5A—Reportable conduct scheme 35
16A Definition 35
16B Principles 35
16C Application of reportable conduct scheme 36
16D Administration, oversight and monitoring of scheme 36
16E Avoiding unnecessary duplication 37
16F Objectives of Social Services Regulator under this Part and Part 5B 37
16G Functions of Social Services Regulator under this Part and Part 5B 38
16H Powers of the Social Services Regulator 39
16I Exemption by Social Services Regulator 40
16IA Exemption from requirement to investigate 41
16J Exemption from whole of scheme 42
16K Head of entity to have systems in place 43
16L Disclosure to Social Services Regulator of reportable allegation 44
16M Head of entity to notify Social Services Regulator of reportable allegation 44
Who is affected
Why it matters (official rationale, then testing against incentives and trade‑offs)
Testing those purpose‑claims against costs, incentives and trade‑offs (mechanisms, not judgments):
Who pays: the immediate compliance costs fall on the regulated entities (Schedule 1 entities, applicable entities and individuals who run businesses) — they must implement prevention systems, reporting channels, staff training, record‑keeping and possibly independent investigations (see s.16K, s.31). Fines and civil penalties (ss 16ZH, 16ZZL, 34) can impose additional financial costs. Government bears oversight and enforcement costs through the Social Services Regulator and sector regulators (ss 24–25, 25D).
Who decides: the Minister sets the Child Safe Standards (s.17). The Social Services Regulator and sector regulators decide on enforcement priorities, issue notices, request documents and run investigations (ss 24–27, 16G, 25D). Heads of entities decide operational responses and investigations (ss 16K–16N) but must report to the Regulator.
Behaviour changes incentivised: entities must put systems in place to prevent and detect abuse, promptly notify and investigate allegations, and share information in defined circumstances. That changes staffing, contracting, record keeping and risk management practices. The Act also shifts investigative authority upwards: regulators can take over or monitor investigations (ss 16O, 16W), creating incentives for transparency and external oversight.
Trade‑offs and risks signalled in the text: the Act builds in privacy safeguards and limits (definitions of excluded/privilege information, ss 40, 41Q; offences for unauthorised disclosure, ss 41ZK–41ZL; guideline/regulation requirements, s.41ZA). It also requires regulator co‑ordination to avoid duplication (s.16E). But the Act centralises investigatory and data powers, which increases implementation risks (data security, administrative burden, potential for overlapping regulator action) — the Act responds by prescribing review routes (internal/V CAT/court), exemptions (ss 16I,16IA,16J) and statutory protections for good‑faith disclosures (ss 16Y, 41ZB).
Concentrated benefits and diffuse costs: benefits (earlier identification of at‑risk children, coordinated responses) attach to regulated services and oversight bodies; costs (administrative compliance, potential legal exposure) are concentrated on regulated entities and their officers (see ss 32A, 46ZB). The Act creates civil/criminal liability for officers in certain circumstances (s.32A) and places obligations on private and public organisations alike.
Practical implementation signals
(Selected key references: Child Safe Standards — s.17; entities required to comply — s.19 & Schedule 1; reportable conduct obligations and notification timelines — ss 16M–16N; Regulator functions — ss 16F–16G, 24–25; information sharing — ss 41V–41W; Child Link Register — ss 46B–46M; enforcement and offences — ss 29A–29S, 30–36, 41ZK–41ZL.)
16N Head of entity to respond to reportable allegation 46
16O Social Services Regulator may investigate reportable allegation 47
16P Social Services Regulator may visit entity 49
16Q Social Services Regulator may interview employee 49
16R Social Services Regulator may interview child 50
16S Social Services Regulator may interview employee subject of reportable allegation 51
16T Social Services Regulator may obtain information from Victoria Police 51
16U Victoria Police investigation has priority 52
16V Social Services Regulator may request another regulator to investigate or provide information and documents 53
16W Social Services Regulator may monitor regulator's investigation 54
16X Regulator may disclose information or documents to Social Services Regulator 54
16Y Disclosure of information or documents 55
16Z Protection against self-incrimination 55
16ZA Assistance to be provided 55
16ZB Disclosure of information about investigations to children, parents and carers 56
16ZC Disclosure of information to the Social Services Regulator, the head of an entity, any other regulator, Victoria Police and others 57
16ZE Prohibition on publishing certain information 58
16ZF False or misleading information 60
16ZG Notice to produce 60
16ZH Application for declaration and order that entity pay a civil penalty 61
16ZI Internal review 63
16ZJ Review by VCAT 63
16ZJA Delegation 64
16ZK Service of documents 64
16ZKA Power to bring a proceeding 65
16ZKB Time for commencing proceeding for offence against section 16M(4) 66
16ZL Annual reports and other reports 66
16ZM Giving a report to Parliament 67
Part 5B—Enforcement and monitoring of compliance with section 16M 70
Division 1—Reportable conduct authorised officers 70
16ZO Appointment of reportable conduct authorised officer 70
16ZP Identity card for reportable conduct authorised officer 70
16ZQ Production of identity card 71
Division 2—Powers of entry and inspection 72
16ZR Powers of reportable conduct authorised officers to enter premises 72
16ZS Notice required for entry with consent 75
16ZT Powers after entry and consent 77
16ZU Acknowledgement of document or thing seized during entry with consent 78
16ZV Application for warrant 79
16ZW Entry under warrant 81
16ZX Powers after entry under warrant 81
16ZY Failure to provide assistance 84
16ZZ Powers after entry without consent or warrant 84
16ZZA Acknowledgment of seizure during entry without consent 87
16ZZB Failure to provide assistance 88
16ZZC Protection against self-incrimination 88
16ZZD Reportable conduct authorised officer may interview child 89
16ZZE Affidavits 90
16ZZF Seizure of documents and things 90
16ZZG Destruction of seized document or thing 92
16ZZH Offence to obstruct or impersonate reportable conduct authorised officer 92
Division 3—Notices to produce and notices to comply 93
16ZZI Notice to produce 93
16ZZJ Reportable conduct notice to comply 94
16ZZK Failure to comply with notice to produce or reportable conduct notice to comply 95
16ZZL Application for a declaration and order to pay a civil penalty 95
16ZZM Infringement notices 97
16ZZN Pending criminal or civil proceedings 97
16ZZO Power to bring a proceeding 98
16ZZP Internal review of decisions to issue notices under this Part 99
16ZZQ Review by VCAT of decision to give notice to comply 99
16ZZR Complaints 100
Part 6—Child Safe Standards 102
Division 1—Child Safe Standards 102
17 Minister may make Child Safe Standards 102
19 Schedule 1 entities must comply with Child Safe Standards 103
20 Prescribed applicable entity must comply with Child Safe Standards 104
21 Applicable entity belonging to a prescribed class must comply with Child Safe Standards 104
22 Exemption from requirement to comply with Child Safe Standards 105
23 Application of Child Safe Standards to businesses not carried on by certain entities 105
23A Compliance with Child Safe Standards generally 106
Division 2—The Social Services Regulator 106
24 Objectives of Social Services Regulator 106
25 Functions and powers of the Social Services Regulator 107
25A Guidance notes on Child Safe Standards 109
Division 2A—Sector regulators and integrated sector regulators 109
25B Sector regulators 109
25C Multiple sector regulators or integrated sector regulators 110
25D Functions and powers of sector regulators 111
25E Delegation by certain sector regulators 113
25F Integrated sector regulators 113
25G Functions and powers of integrated sector regulators 114
25H Delegation by certain integrated sector regulators 114
Division 3—Monitoring and enforcement of compliance with the Child Safe Standards 115
26 Sector regulator may authorise persons to assist 115
27 Appointment of authorised officers 115
28 Identity cards 116
29 Production of identity card 117
29A Powers of authorised officers to enter premises 117
29B Notice required for entry with consent 121
29C Powers after entry and consent 122
29D Acknowledgement of document or thing seized during entry with consent 124
29E Application for warrant 125
29F Entry under warrant 127
29G Powers after entry under warrant 127
29H Failure to provide assistance 130
29I Powers after entry without consent or warrant 130
29J Acknowledgment of seizure during entry without consent 134
29K Failure to provide assistance 135
29L Authorised officer may interview child 135
29M Affidavits 135
29N Seizure of documents and things 136
29O Destruction of seized document or thing 137
29P Offence to obstruct authorised officer 138
29Q Offence to impersonate authorised officer 138
29R Complaints 138
29S Power to bring proceedings 139
30 Notice to produce 140
31 Notice to comply 141
32 False or misleading information 143
32A Criminal liability of officers of relevant entities—failure to exercise due diligence 143
32B Immunity 145
32C Nomination of proper defendant 146
33 Application to court 147
34 Civil penalty 149
34A Injunctions 150
34B Interim injunctions 151
34C Adverse publicity orders 151
34D Offence to fail to comply with notice to produce or notice to comply 152
34E Pending criminal or civil proceedings 153
35 Reasonable excuse 154
36 Assistance to be provided 154
36A Official warnings 155
36B Infringement notices 156
36C Enforceable undertakings 156
36D Sector regulators must maintain register of undertakings 157
36E No proceedings while enforceable undertaking in force 159
36F Proceedings following withdrawal of enforceable undertaking 159
36G No further proceedings if enforceable undertaking complied with 160
36H Enforcement of undertakings 160
36I Sector regulator may publish details of non-compliance 161
39 Service of documents under Part 6 162
Division 4—Information collection, use and disclosure powers of Social Services Regulator, sector regulators and integrated sector regulators 163
40 Definitions 163
40A Request by relevant person for information or documents 166
40B Notice of use of information or document 167
41 Matters relevant to disclosures of information or documents 168
41A Disclosures made in good faith 168
41B Disclosure for purposes of functions or powers permitted 169
41BA Disclosure to certain individuals permitted 170
41C Disclosure by relevant person of protected information to another relevant person 172
41D Disclosure to report concerns permitted 172
41E Disclosure to protect child permitted 173
41F Disclosure to court or tribunal permitted 173
41G Disclosure to obtain legal advice permitted 173
41H Disclosing information to other authorities 174
41HA Disclosure of protected information by relevant persons prohibited 178
Division 5—Review 178
41I Internal review 178
41J Application to the Victorian Civil and Administrative Tribunal 179
Division 6—Reporting 180
41K Report of compliance by relevant entities with Child Safe Standards 180
41KA Social Services Regulator may request information for reports 183
41L Matters to be included in annual report must not include identifying information 184
41M Opportunity to respond to adverse comment or opinion in report 184
Division 7—Reporting to Parliament 185
41N Application of Division 185
41O Giving the report to Parliament 186
Part 6A—Information sharing 188
Division 1—Preliminary 188
41P Definitions 188
41Q Meaning of excluded information 189
41R Meaning of information sharing entity 190
41S Meaning of restricted information sharing entity 190
41T Application of this Part to courts and tribunals 192
41U Principles 192
Division 2—Information sharing 194
41V Voluntary disclosure for wellbeing or safety of children 194
41W Request for confidential information for wellbeing or safety of children 195
41X Further disclosure of confidential information 196
41Y Voluntary disclosure to child or person with parental responsibility or with whom child is living 196
41Z Collection and use of confidential information 197
Division 3—Guidelines, protected disclosures and recording requirements 197
41ZA Guidelines 197
41ZB Use and disclosure in good faith protected 199
41ZC Recording requirements 199
Division 4—Relationship of this Part with other Acts 199
41ZD Information sharing entities under the Family Violence Protection Act 2008 199
41ZE Part does not affect handling of confidential information permitted by other Acts 200
41ZF Restrictions on access to confidential information 200
41ZG Application of Privacy and Data Protection Act 2014 to certain information sharing entities and restricted information sharing entities 201
41ZH Information sharing entities and restricted information sharing entities authorised to disclose confidential information despite specified provisions 201
41ZI Disclosure of confidential information is not breach of Family Violence Protection Act 2008 201
41ZJ Disclosure of confidential information is not breach of Judicial Proceedings Reports Act 1958 202
Division 5—Offences 202
41ZK Unauthorised use and disclosure of confidential information collected under this Part 202
41ZL Intentional or reckless unauthorised use and disclosure of confidential information 204
41ZM False claim that person is or represents an information sharing entity or a restricted information sharing entity 206
Division 6—Review 207
41ZN Review of operation of Part within 2 years 207
41ZO Review of operation of Part within 5 years 207
Part 7—Birth notification 208
42 Application of Part 208
43 Early notification of births 208
44 How must the birth notice be given? 208
45 What must be done once notice is received? 209
46 Offence to fail to give notice 209
Part 7A—Child Link Register 211
Division 1—Definitions 211
46A Definitions 211
Division 2—The Child Link Register 214
46B The Child Link Register 214
46C Secretary must create Child Link entry and allocate Child Link identifier 215
46D Particulars to be included in the Register 217
46E Secretary may decide not to record information on the Register 220
46F Entry in the Register for child who turns 18, leaves school or dies 220
Division 3—Secretary authorised to collect, use and disclose information for Register purposes 221
46G Secretary authorised to collect, use and disclose information for purposes of establishing and maintaining the Register 221
46H Secretary authorised to collect and use information for purposes of data management 222
46I Disclosure of information to the Secretary 224
46J No consent required 225
Division 4—Access to Child Link Register and use and disclosure of information contained in the Register 225
46K Who is a Child Link user? 225
46L Delegation 229
46M Child Link users may access and use confidential information in the Register 230
46N Secretary may remove Child Link user access to the Register 230
46O Use and disclosure of de-identified information derived from the Register 232
46P Restrictions on access to confidential information 232
46Q Person authorised to disclose confidential information despite specified provisions 233
46R Application of Privacy and Data Protection Act 2014 to certain Child Link users 233
Division 5—Guidelines 234
46S Guidelines 234
Division 6—Offences 235
46T Unauthorised access to the Register 235
46U Access to the Register for unauthorised purpose 235
46V Unauthorised use and disclosure of confidential information contained in the Register 236
46W Intentional or reckless unauthorised use and disclosure of confidential information contained in the Register 237
Division 7—Review of operation of Part 238
46X Review of operation of Part within 2 years 238
Division 8—Transitional provisions 239
46Y Secretary may create entries in the Register 239
46Z Appointed days for application of section 46M and Schedule 6 to Child Link users 239
Part 7B—Qualifications required for maternal and child health nurses 241
46ZAA Maternal and Child Health Centres 241
46ZAB State-wide telephone services 241
46ZAC Part not to affect employment contracts or workplace instruments 242
Part 8—General 243
Division 1—Offences by bodies corporate 243
46ZA Imputing conduct to bodies corporate 243
46ZB Criminal liability of officers of bodies corporate—accessorial liability 243
Division 2—Regulations 245
46ZC Information sharing and Child Link regulation making power 245
46ZD Maternal and child health nurse regulation making power 249
46ZE Child Safe Standards regulation making power 251
47 General regulation making power 252
Part 9—Transitional provisions 254
Division 1—Children Legislation Amendment (Reportable Conduct) Act 2017 254
48 Children Legislation Amendment (Reportable Conduct) Act 2017 254
Division 2—Children Legislation Amendment (Information Sharing) Act 2018 254
49 Children Legislation Amendment (Information Sharing) Act 2018 254
Division 3—Child Wellbeing and Safety (Child Safe Standards Compliance and Enforcement) Amendment Act 2021 255
50 Definitions 255
51 Pending investigations 255
52 Investigation of conduct before commencement day 256
Division 4—Transitional provisions—Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self‑determination and
This is an opening excerpt, not the complete document.