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 Act2005) 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.