Version incorporating amendments as at
3 February 2026
TABLE OF PROVISIONS
Regulation Page
1 Objectives 1
2 Authorising provision 2
3 Commencement 2
4 Revocation 2
5 Definition 2
6 Prescribed date for definition of employee 2
7 Prescribed entity to which the reportable conduct scheme applies 2
7A Prescribed sector regulators in relation to relevant entities 3
7B Prescribed integrated sector regulator in relation to relevant entities 3
7C Prescribed regulator for entities for the purposes of the reportable conduct scheme 4
7D Prescribed regulator for employees for the purposes of the reportable conduct scheme 4
8 Exemption from requirement to comply with Child Safe Standards 5
9 Disclosure of information to Victorian entities 5
9A Disclosure of information to entities of other jurisdictions 6
10 Early notification of births 6
11 Prescribed applicable entities with functions of a public nature 6
12 Infringement offences and infringement penalties 7
Schedule 1 8
Schedule 2—Prescribed entities to which reportable conduct scheme applies 10
Schedule 3—Disclosure of information to persons or bodies within Victoria 11
Schedule 4—Disclosure of information to persons or bodies in other jurisdictions 13
Schedule 5—Infringements 14
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Endnotes 15
1 General information 15
2 Table of Amendments 17
3 Explanatory details 18
Version No.007
Child Wellbeing and Safety Regulations 2017
S.R. No. 62/2017
Version incorporating amendments as at
3 February 2026
1 Objectives
The objectives of these Regulations are—
(a) to prescribe 1 July 2017 as the date from which foster carers or persons who engage in certain child related work are employees for the purposes of the reportable conduct scheme under the Child Wellbeing and Safety Act 2005;
Reg. 1(b) substituted by S.R. No. 85/2019 reg. 4(a).
Section 1 - Child Wellbeing and Safety Regulations 2017 - Child Wellbeing and Safety Regulations 2017 | Zoe
(b) to prescribe entities to which the reportable conduct scheme under the Act will apply, and the relevant dates on and after which it will apply;
Reg. 1(ba) inserted by S.R. No. 62/2021 reg. 4, substituted by S.R. No. 25/2022 reg. 5.
(ba) to prescribe sector regulators in relation to the relevant entities referred to in Schedule 1 of that Act;
Reg. 1(bb) inserted by S.R. No. 25/2022 reg. 5.
(bb) to prescribe offences in respect of which an infringement notice may be issued under that Act and penalties for those offences;
(c) to prescribe Victoria Police as a body that is exempt from the requirement under that Act to comply with the Child Safe Standards;
Reg. 1(d) amended by S.R. No. 85/2019 reg. 4(b).
(d) to prescribe persons and bodies to whom certain information may be disclosed under section 16ZC of that Act;
(e) to prescribe the form of notice of birth under section 43(2) of that Act; and
(f) to prescribe the applicable entities for the purposes of item 5 of Schedule 5 to that Act to which the reportable conduct scheme applies on and from 1 January 2019.
2 Authorising provision
These Regulations are made under section 47 of the Child Wellbeing and Safety Act 2005.
3 Commencement
These Regulations come into operation on 1 July 2017.
4 Revocation
The following Regulations are revoked—
(a) the Child Wellbeing and Safety Regulations 2007[1];
(b) the Child Wellbeing and Safety Amendment (Child Safe Standards) Regulations 2015[2].
5 Definition
In these Regulations—
the Act means the Child Wellbeing and Safety Act 2005.
6 Prescribed date for definition of employee
For the purposes of paragraph (d) of the definition of employee in section 3(1) of the Act, the prescribed date is 1 July 2017.
Reg. 7 substituted by S.R. No. 85/2019 reg. 5.
7 Prescribed entity to which the reportable conduct scheme applies
For the purposes of paragraph (d) of the definition of entity to which the reportable conduct scheme applies in section 3(1) of the Act—
(a) an entity specified in Column 1 of Schedule 2 is prescribed; and
(b) the prescribed date is the date specified in Column 2 of Schedule 2 in relation to that entity.
Reg. 7A inserted by S.R. No. 62/2021 reg. 5, substituted by S.R. No. 25/2022 reg. 6.
7A Prescribed sector regulators in relation to relevant entities
For the purposes of section 25B(1)(a)(i) of the Act, the prescribed sector regulator is—
(a) for a relevant entity referred to in item 23, 24, 25, 26, 27, 28, 29, 30, 31 or 34 of Schedule 1 to the Act, the Secretary to the Department of Health; or
Reg. 7A(b) amended by S.R. Nos 118/2022 reg. 4(1), 16/2024 reg. 4(a).
(b) for a relevant entity referred to in item 41 of Schedule 1 to the Act, the Wage Inspectorate Victoria.
Reg. 7A(c) inserted by S.R. No. 118/2022 reg. 4(2), revoked by S.R. No. 16/2024 reg. 4(b).
Reg. 7B inserted by S.R. No. 16/2024 reg. 5.
7B Prescribed integrated sector regulator in relation to relevant entities
(1) For the purposes of section 25F(1)(b) of the Act, the prescribed integrated sector regulator for the following relevant entities is the Social Services Regulator—
(a) a relevant entity referred to in item 22, 32, 33, 35, 36, 37, 39 or 40 of Schedule 1 to the Act;
(b) the Department of Families, Fairness and Housing.
(2) For the purposes of section 25G of the Act, the prescribed functions and powers of the Social Services Regulator are the functions and powers set out in section 14 of the Social Services Regulation Act 2021.
Reg. 7C inserted by S.R. No. 1/2026 reg. 4.
7C Prescribed regulator for entities for the purposes of the reportable conduct scheme
The Victorian Early Childhood Regulatory Authority within the meaning of the Victorian Early Childhood Regulatory Authority Act 2025 is prescribed to be a regulator for the purposes of paragraph (a)(iv)(B) of the definition of regulator in section 3(1) of the Act in respect of—
(a) an approved provider within the meaning of the Education and Care Services National Law (Victoria) of an approved education and care service within the meaning of that Law; and
(b) an approved provider within the meaning of the Children's Services Act 1996 of an approved children's service within the meaning of that Act.
Reg. 7D inserted by S.R. No. 1/2026 reg. 4.
7D Prescribed regulator for employees for the purposes of the reportable conduct scheme
The Victorian Early Childhood Regulatory Authority within the meaning of the Victorian Early Childhood Regulatory Authority Act 2025 is prescribed to be a regulator for the purposes of paragraph (b)(v) of the definition of regulator in section 3(1) of the Act in respect of an employee of—
(a) an approved provider within the meaning of the Education and Care Services National Law (Victoria) of an approved education and care service within the meaning of that Law; and
(b) an approved provider within the meaning of the Children's Services Act 1996 of an approved children's service within the meaning of that Act.
8 Exemption from requirement to comply with Child Safe Standards
For the purposes of section 19(1)(b) of the Act, Victoria Police (within the meaning of the Victoria Police Act 2013) is exempt from the requirement referred to in section 19(1) of the
Act.
Reg. 9 substituted by S.R. No. 85/2019 reg. 6.
9 Disclosure of information to Victorian entities
(1) For the purposes of section 16ZC(2)(f) of the Act, a person or body specified in Column 1 of Schedule 3 is prescribed in relation to a matter or class of matter specified in Column 2 of Schedule 3.
(2) Despite subregulation (1)—
(a) the body referred to in Item 2 of Schedule 3 is only prescribed on and from 1 July 2020; and
(b) the body referred to in Item 3 of Schedule 3 is only prescribed on and from 1 July 2020; and
(c) the body referred to in Item 4 of Schedule 3 is only prescribed on and from 1 July 2020.
Reg. 9A inserted by S.R. No. 85/2019 reg. 6.
9A Disclosure of information to entities of other jurisdictions
For the purposes of section 16ZC(2)(g) of the Act, a person or body specified in Column 1 of Schedule 4 is prescribed in relation to a matter or class of matter specified in Column 2 of Schedule 4.
10 Early notification of births
For the purposes of section 43(2) of the Act, the form set out in Schedule 1 is prescribed.
11 Prescribed applicable entities with functions of a public nature
For the purposes of item 5 of Schedule 5 to the Act, the following applicable entities are prescribed—
(a) the Australian Centre for the Moving Image established by section 21 of the Film Act 2001;
(b) the Council of Trustees of the National Gallery of Victoria constituted by
section 5 of the National Gallery of Victoria Act 1966;
(c) the Geelong Performing Arts Centre Trust established by section 3(1) of the Geelong Performing Arts Centre Trust Act 1980;
(d) the Library Board of Victoria constituted under section 16 of the Libraries Act 1988;
(e) the Museums Board of Victoria established by section 10 of the Museums Act 1983;
(f) the Victorian Arts Centre Trust constituted by section 4 of the Victorian Arts Centre Act 1979;
(g) the Phillip Island Nature Park Board of Management Incorporated declared as a corporation under section 14A(1) of the Crown Land (Reserves) Act 1978 by order of the Governor in Council dated 3 September 1996;
(h) the Royal Botanic Gardens Board established under Part 2 of the Royal Botanic Gardens Act 1991;
(i) the Zoological Parks and Gardens Board established under Part 2 of the Zoological Parks and Gardens Act 1995.
Reg. 12 inserted by S.R. No. 25/2022 reg. 7.
12 Infringement offences and infringement penalties
(1) For the purposes of section 36B(1) of the Act, an offence specified in Column 1 of the Table in Schedule 5 is a prescribed offence for which an infringement notice may be served.
(2) For the purposes of section 36B(3) of the Act, the infringement penalty prescribed for an infringement offence is the amount specified in Column 2 of the Table in Schedule 5 in respect of that infringement offence.
Schedule 1
Regulation 10
Notice of birth under section 43(2) of the Child Wellbeing and Safety Act 2005
(a) *To the Chief Executive Officer of the council of the municipal district of [insert name of municipal district], being the municipal district in which the mother of the child usually resides.
or
(b) *[If (a) is not known] To the Chief Executive Officer of the council of the municipal district of [insert name of municipal district], being the municipal district in which the birth occurred.
or
(c) *[If the mother of the child usually resides outside Victoria] To the Secretary to the Department of Education and Training.
Full name of mother:
*Any other name(s) by which the mother is known:
Home address:
Telephone number:
Gave birth to a child: *Male/*Female/*Other
*Live born/*Stillborn
*Full term/*Premature
*Singleton/*Multiple
*Aboriginal
*Torres Strait Islander
Child's full name (where known):
Child's date of birth:
Time of birth: *a.m./*p.m.
At: Postcode:
In attendance: *Doctor [insert name of doctor]
*Midwife [insert name of midwife]
Interpreter required: *Yes/*No [if yes, please specify the language]
Baby in special care nursery: *Yes/*No
[if yes, please specify the nursery site]
Signature of responsible person:
Full name of responsible person:
Responsible person means—
(a) in the case of a child born in a hospital or brought to a hospital within 24 hours after birth, the chief executive officer of the hospital; or
(b) in any other case—
(i) the doctor or midwife responsible for the professional care of the mother at the birth or a doctor who examined the body of the still‑born child after the birth; or
(ii) if no doctor or midwife was in attendance at the birth, any other person in attendance at the birth.
Delete if not applicable
Sch. 2 inserted by S.R. No. 85/2019 reg. 7.
Schedule 2—Prescribed entities to which reportable conduct scheme applies
Regulation 7
1 Definition
In this Schedule—
youth organisation means a youth organisation—
(a) in which children participate; and
(b) that provides activities in which children participate.
Examples
1 The Girl Guides Association of Victoria incorporated by section 3 of the Girl Guides Association Act 1952.
2 The Boy Scouts Association, Victorian Branch incorporated by section 3 of the Scout Association Act 1932.
Item
Column 1<br>Entity
Column 2<br>Prescribed date
1
A public health service listed in Schedule 5 to the Health Services Act 1988
1 January 2018
2
A youth organisation that provides overnight camps for children as part of its primary activity
1 May 2020
Sch. 3 inserted by S.R. No. 85/2019 reg. 7.
Schedule 3—Disclosure of information to persons or bodies within Victoria
Regulation 9
1 Definition
In this Schedule—
mental health service provider has the same meaning as it has in the Mental Health Act 2014.
Item
Column 1<br>Person or body
Column 2<br>Matter or class of matter
1
The chief psychiatrist within the meaning of the Mental Health Act 2014
A reportable allegation against, or a concern that reportable conduct has been committed by, an employee of a mental health service provider in the course of providing mental health services to a child
2
The Victorian Disability Worker Commission established under section 21 of the Disability Service Safeguards Act 2018
A matter relating to the operation of Part 5A of the Act; or<br>A matter relating to a function conferred on the Victorian Disability Worker Commission under the Disability Service Safeguards Act 2018
3
The Victorian Disability Worker Commissioner appointed under section 26 of the Disability Service Safeguards Act 2018
A matter relating to the operation of Part 5A of the Act; or<br>A matter relating to a function conferred on the Victorian Disability Worker Commissioner under the Disability Service Safeguards Act 2018
4
The Disability Worker Registration Board of Victoria established under section 8 of the Disability Service Safeguards Act 2018
A matter relating to the operation of Part 5A of the Act; or<br>A matter relating to a function conferred on the Disability Worker Registration Board of Victoria under the Disability Service Safeguards Act 2018
Sch. 4 inserted by S.R. No. 85/2019 reg. 7, amended by S.R. No. 12/2020 reg. 4.
Schedule 4—Disclosure of information to persons or bodies in other jurisdictions
Regulation 9A
Item
Column 1<br>Person or body
Column 2<br>Matter or class of matter
1
The Commissioner of the NDIS Quality and Safeguards Commission within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth
A matter relating to the operation of Part 5A of the Act; or<br>A matter relating to a function conferred on the Commissioner of the NDIS Quality and Safeguards Commission under the National Disability Insurance Scheme Act 2013 of the Commonwealth
2
The Children's Guardian within the meaning of the Children's Guardian Act 2019 of New South Wales
A matter relating to the operation of Part 5A of the Act; or<br>A matter relating to a function conferred on the Children's Guardian under Part 4 of the Children's Guardian Act 2019 of New South Wales
3
The ombudsman within the meaning of the Ombudsman Act 1989 of the Australian Capital Territory
A matter relating to the operation of Part 5A of the Act; or<br>A matter relating to a function conferred on the ombudsman under Division 2.2A of Part 2 of the Ombudsman Act 1989 of the Australian Capital Territory
Sch. 5 inserted by S.R. No. 25/2022 reg. 8.
Schedule 5—Infringements
Regulation 12
Table
Column 1
Column 2
Item
Infringement offence
Infringement penalty
1
S. 29H(1)
In the case of an individual, 6 penalty units<br>In the case of a body corporate, 24 penalty units
2
S. 29K(1)
In the case of an individual, 6 penalty units<br>In the case of a body corporate, 24 penalty units
3
S. 34D
In the case of an individual, 12 penalty units<br>In the case of a body corporate, 24 penalty units
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Child Wellbeing and Safety Regulations 2017, S.R. No. 62/2017 were made on 27 June 2017 by the Governor in Council under section 47 of the Child Wellbeing and Safety Act 2005, No. 83/2005 and came into operation on 1 July 2017: regulation 3.
The Child Wellbeing and Safety Regulations 2017 will sunset 10 years after the day of making on 27 June 2027 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Child Wellbeing and Safety Regulations 2017 by statutory rules, subordinate instruments and Acts.
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑