Version incorporating amendments as at
9 February 2026
1 Objective
The objective of these Regulations is to prescribe the following for the purposes of the Disability Service Safeguards Act 2018—
(a) a code of conduct in relation to unregistered disability workers;
(b) bodies to which protected information may be disclosed;
(c) interstate health complaints entities;
Reg. 1(d) amended by S.R. No. 40/2021 reg. 5(1).
(d) the form which is a receipt for seized items or taken samples;
Reg. 1(e) inserted by S.R. No. 40/2021 reg. 5(2).
(e) offences under the Worker Screening Act 2020;
Reg. 1(f) inserted by S.R. No. 40/2021 reg. 5(2). amended by S.R. No. 4/2026 reg. 5(a).
(f) entities from which a criminal history report may be requested;
Reg. 1(g) inserted by S.R. No. 4/2026 reg. 5(b).
(g) bodies for the purposes of the definition of worker screening unit in section 257(4) of the Disability Service Safeguards Act 2018.
2 Authorising provision
These Regulations are made under section 286 of the Disability Service Safeguards Act 2018.
3 Commencement
These Regulations come into operation on
1 July 2020.
4 Definition
In these Regulations—
the Act means the Disability Service Safeguards Act 2018.
Reg. 5 amended by S.R. No. 71/2023 reg. 4.
5 Code of conduct
For the purposes of the definition of approved code of conduct in section 3(1) of the Act, the NDIS Code of Conduct within the meaning of the NDIS Act is prescribed.
Reg. 5A inserted by S.R. No. 71/2023 reg. 5.
5A Exempt services
(1) For the purposes of paragraph (a) of the definition of disability service in section 3(1) of the Act, a prescribed exempt service is the following—
(a) a service provided as part of the duties of a teacher in or for a school undertaken by a registered teacher;
(b) a service provided as part of the duties of an early childhood teacher in or for an early childhood service undertaken by a registered early childhood teacher;
(c) the supervision or management of another person (other than a registered teacher or a registered early childhood teacher) who is providing a disability service by a registered teacher or a registered early childhood teacher in the course of the teacher's duties as a teacher, principal or early childhood teacher.
(2) To avoid doubt, the provision of a service in relation to a specified activity referred to in the definition of disability service in section 3(1) of the Act to a person with a disability by a person (other than a registered teacher or a registered early childhood teacher) who is supervised or managed by a registered teacher or registered early childhood teacher as referred to in subregulation (1)(c) is not a prescribed exempt service.
Example
Non-teaching staff, such as teacher aides and integration aides, are providing a disability service.
(3) In this regulation—
early childhood service has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006;
early childhood teacher has the same meaning as in section 2.6.1 of the Education and Training Reform Act 2006;
principal has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006;
registered early childhood teacher has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006;
registered teacher has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006;
school has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006;
teacher has the same meaning as in section 2.6.1 of the Education and Training Reform Act 2006.
6 Prescribed form for seized items or taken samples
For the purposes of section 231(1) of the Act, the prescribed form is the form set out in Schedule 1.
7 Bodies to which protected information may be disclosed
(1) For the purpose of section 240(4) of the Act, the Australian Health Practitioner Regulation Agency is prescribed.
(2) For the purpose of paragraph (c) of the definition of relevant entity in section 241(2) of the Act, the following entities are prescribed—
(a) the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law;
(b) the Secretary to the Department of Justice and Community Safety;
(c) the Victorian Institute of Teaching continued in operation by section 2.6.2 of the Education and Training Reform Act 2006.
Reg. 7A inserted by S.R. No. 40/2021 reg. 6, amended by S.R. No. 4/2026 reg. 6.
7A Prescribed entity for obtaining criminal history report
For the purpose of section 256(2)(d) of the Act, the Social Services Regulator is prescribed.
8 Interstate health complaints entities
For the purposes of section 275 of the Act, the following entities are prescribed interstate health complaints entities—
(a) the Health Care Complaints Commission constituted by section 75 of the Health Care Complaints Act 1993 of New South Wales;
(b) the Health and Community Services Complaints Commissioner appointed under Part 2 of the Health and Community Services Complaints Act 2004 of South Australia;
(c) the Health and Disability Services Complaints Office continued in operation by section 6(1) of the Health and Disability Services (Complaints) Act 1995 of Western Australia;
(d) the Health Complaints Commissioner appointed under Part 2 of the Health Complaints Act 1995 of Tasmania;
(e) the Health Ombudsman appointed under section 245 of the Health Ombudsman Act 2013 of Queensland;
(f) the Health and Community Services Complaints Commission established by section 7 of the Health and Community Services Complaints Act 1998 of the Northern Territory; and
(g) the health services commissioner appointed under section 18D of the Human Rights Commission Act 2005 of the Australian Capital Territory and exercising functions under section 25 of that Act.
For the purposes of sections 119(1)(b)(iii), 121(b)(iii), 131(b) and 133(b) of the Act, the following offences are prescribed offences—
(a) an offence specified in Schedule 1 to the Worker Screening Act 2020;
(b) an offence specified in Schedule 3 to the Worker Screening Act 2020.
Reg. 10 inserted by S.R. No. 4/2026 reg. 7.
10 Worker screening check
For the purposes of paragraph (c) of the definition of worker screening unit in section 257(4) of the Act, the Social Services Regulator established under section 4 of the Social Services Regulation Act 2021 is a prescribed body.
Schedule 1—Form
Regulation 6
Disability Service Safeguards Act 2018
Disability Service Safeguards Regulations 2020
Receipt for seized items or taken samples
Name of authorised officer:
Description of object seized or sample taken:
Name of person in charge of the seized object or taken sample:
Address of premises from which object was seized or sample was taken:
Name of person in charge of premises:
Signature of authorised officer:
Date signed:
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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 Disability Service Safeguards Regulations 2020, S.R. No. 36/2020 were made on 19 May 2020 by the Governor in Council under section 286 of the Disability Service Safeguards Act 2018, No. 38/2018 and came into operation on 1 July 2020: regulation 3.
The Disability Service Safeguards Regulations 2020 will sunset 10 years after the day of making on 19 May 2030 (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 Disability Service Safeguards Regulations 2020 by statutory rules, subordinate instruments and Acts.
The following table of applied, adopted or incorporated matter was included in S.R. No. 36/2020 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
Statutory rule provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 5
National Disability Insurance Scheme (Code of Conduct) Rules 2018 of the Commonwealth
Section 6
Section 1 - Disability Service Safeguards Regulations 2020 - Disability Service Safeguards Regulations 2020 | Zoe