Family Violence Protection (Information Sharing and Risk Management) Regulations 2018 (Victoria)

These Regulations implement and detail how Part 5A and related provisions of the Family Violence Protection Act 2008 operate in practice. Mechanically the instrument does the following (with primary cites in the Regulations themselves):

Prescribes who counts as an "information sharing entity" for the purposes of Part 5A of the Act by listing persons and bodies in Schedule 1 (regulation 5; Schedule 1). Many of those entries are qualified by the phrase "to the extent that" a listed function is performed, so the prescription is function‑dependent (see numerous Schedule 1 items).
Prescribes which of the information sharing entities are "risk assessment entities" in Schedule 2 for the purposes of s 144D(2)(a) of the Act (regulation 6; Schedule 2).
Identifies which information sharing entities are prescribed as Central Information Point (CIP) data custodians for s 144F of the Act (regulation 7).
Nominally designates the Secretary to the Department of Families, Fairness and Housing as the Central Information Point (regulation 8).
Establishes record‑keeping obligations for most information sharing entities (Part 3: regulations 9-14). Regulation 10 prescribes the specific data items that must be recorded when confidential information is disclosed under Part 5A. Regulations 11 and 12 specify additional records where the primary person is an adult or a child respectively. Regulations 13-14 set out mandatory recording when requests are declined or when complaints are received.
Prescribes a limited list of statutory secrecy or confidentiality provisions in other Acts that do not prevent information collection/use/disclosure under the information sharing provisions of the Act (regulation 15). It also prescribes a secrecy provision relevant to Support and Safety Hubs under Part 5B (regulation 16).

Version No. 005

Family Violence Protection (Information Sharing and Risk Management) Regulations 2018

S.R. No. 14/2018

Version incorporating amendments as at
18 July 2023

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objective 1

2 Authorising provisions 2

3 Commencement 2

4 Definitions 2

Part 2—General 7

5 Prescribed information sharing entities 7

5A Delegation 7

6 Prescribed risk assessment entities 7

7 Prescribed information sharing entity a CIP data custodian 7

8 Secretary to the Department of Families, Fairness and Housing is the Central Information Point 8

Part 3—Record keeping 9

9 Application of this Part 9

10 Recording obligations for information sharing entities 9

11 Recording obligations for information sharing entities when disclosing information about a primary person who is an adult or a linked person 10

12 Recording obligations for information sharing entities when disclosing information about a primary person who is a child 11

13 Obligations when declining a request to disclose confidential information 11

14 Details to be recorded when receiving a complaint 11

Part 4—Confidential information 13

15 Permission to collect, use or disclose confidential information despite prescribed provisions 13

Part 5—Information sharing relating to Support and Safety Hubs 14

16 Permission to collect, use or disclose confidential information despite prescribed secrecy provisions 14

Part 6—Family Violence Risk Assessment and Risk Management Framework 15

17 Framework organisations 15

18 Annual reports 15

Schedule 1—Prescribed information sharing entities 16

Schedule 2—Risk assessment entities 26

Schedule 3—Framework organisations 28

═════════════

Endnotes 35

1 General information 35

2 Table of Amendments 37

3 Explanatory details 38

Version No. 005

Family Violence Protection (Information Sharing and Risk Management) Regulations 2018

S.R. No. 14/2018

Version incorporating amendments as at
18 July 2023

Part 1—Preliminary

1 Objective

The objective of these Regulations is—

(a) to prescribe categories of information sharing entities and persons or bodies as information sharing entities for the purposes of Part 5A of the Family Violence Protection Act 2008; and

Reg. 1(ab) inserted by S.R. No. 139/2020 reg. 5.

(ab) to provide for an information sharing entity that is a public sector body Head to delegate powers, duties and functions of an information sharing entity under Part 5A of the Family Violence Protection Act 2008 and these Regulations; and

(b) to provide for the appropriate record keeping of confidential information obtained by information sharing entities; and

Reg. 1(c) amended by S.R. No. 136/2018 reg. 6(a).

(c) to prescribe provisions of Acts for the purposes of section 144QC of the Family Violence Protection Act 2008; and

Reg. 1(d) inserted by S.R. No. 136/2018 reg. 6(b).

(d) to prescribe a secrecy provision for the purposes of section 144SE(2)(b) of Part 5B of the Family Violence Protection Act 2008; and

Reg. 1(e) inserted by S.R. No. 136/2018 reg. 6(b).

(e) to prescribe framework organisations and matters to be reported on in an annual report for the purposes of Part 11 of the Family Violence Protection Act 2008.

Reg. 2 amended by S.R. No. 136/2018 reg. 7.

2 Authorising provisions

These Regulations are made under sections 210A, 210B and 211 of the Family Violence Protection Act 2008.

3 Commencement

These Regulations come into operation on 26 February 2018.

Reg. 4 amended by S.R. No. 136/2018 reg. 5(2) (ILA s. 39B(2)).

4 Definitions

(1) In these Regulations—

Reg. 4(1) def. of approved education and care service inserted by S.R. No. 139/2020 reg. 6(1).

approved education and care service has the same meaning as in the Education and Care Services National Law (Victoria);

Reg. 4(1) def. of Catholic school inserted by S.R. No. 139/2020 reg. 6(1).

Catholic school means a registered school established to provide education based on the principles of the Catholic doctrine;

Reg. 4(1) def. of centre-based service inserted by S.R. No. 139/2020 reg. 6(1).

centre-based service has the same meaning as in the national regulations;

Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013;

Reg. 4(1) def. of Council inserted by S.R. No. 136/2018 reg. 8(1).

Council has the same meaning as it has in section 3(1) of the Local Government Act 1989;

Reg. 4(1) def. of education and care service inserted by S.R. No. 139/2020 reg. 6(1).

education and care service has the same meaning as in the Education and Care Services National Law (Victoria);

Reg. 4(1) def. of enrolled nurse inserted by S.R. No. 139/2020 reg. 6(1).

enrolled nurse means a person registered in Division 2 of the Register of Nurses kept by the Nursing and Midwifery Board of Australia under the Health Practitioner Regulation National Law (other than as a student);

Reg. 4(1) def. of Family Safety Victoria revoked by S.R. No. 123/2022 reg. 5(c).

family violence information sharing function, in relation to a State contract, means a function to be performed by an entity under a State contract that is specified in the contract, or in any other document with which the contract requires the entity to comply, to be a family violence information sharing function;

Reg. 4(1) def. of general practice nurse inserted by S.R. No. 139/2020 reg. 6(1).

general practice nurse means a registered nurse or an enrolled nurse;

Reg. 4(1) def. of Government school inserted by S.R. No. 139/2020 reg. 6(1).

Government school has the same meaning as in the Education and Training Reform Act 2006;

Reg. 4(1) def. of Multi-Agency Panel to Prevent Youth Offending meeting inserted by S.R. No. 136/2018 reg. 8(1), amended by S.R. No. 139/2020 reg. 6(2).

Multi-Agency Panel to Prevent Youth Offending meeting means a Multi-Agency Panel to Prevent Youth Offending meeting conducted in accordance with any written guidance or guidelines issued by the Secretary to the Department of Justice and Community Safety;

Reg. 4(1) def. of national regulations inserted by S.R. No. 139/2020 reg. 6(1).

national regulations means the regulations made under the Education and Care Services National Law (Victoria);

Reg. 4(1) def. of non-Government school inserted by S.R. No. 139/2020 reg. 6(1).

non-Government school has the same meaning as in the Education and Training Reform Act 2006;

Reg. 4(1) def. of operator inserted by S.R. No. 139/2020 reg. 6(1).

operator in relation to a non-Government school means the body that is responsible for managing and conducting the operations of a non-Government school;

Reg. 4(1) def. of registered medical practitioner inserted by S.R. No. 139/2020 reg. 6(1).

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

Reg. 4(1) def. of registered nurse inserted by S.R. No. 139/2020 reg. 6(1).

registered nurse means a person registered in Division 1 of the Register of Nurses kept by the Nursing and Midwifery Board of Australia under the Health Practitioner Regulation National Law (other than as a student);

Reg. 4(1) def. of registered school inserted by S.R. No. 139/2020 reg. 6(1).

registered school has the same meaning as in the Education and Training Reform Act 2006;

Reg. 4(1) def. of relevant education and care service inserted by S.R. No. 139/2020 reg. 6(1), substituted by S.R. No. 123/2022 reg. 5(a).

relevant education and care service means an approved education and care service that—

(a) is a centre-based service; and

(b) is not a service that provides education and care only during school holidays;

Reg. 4(1) def. of Risk Assessment and Management Panel meeting amended by S.R. No. 123/2022 reg. 5(d).

Risk Assessment and Management Panel meeting means a Risk Assessment and Management Panel meeting conducted in accordance with the Victorian Risk Assessment and Management Panel Program Operational Guidelines issued by Department of Families, Fairness and Housing;

safety plan is the process of an information sharing entity identifying and documenting the steps required to optimise the safety for an individual in accordance with any guidelines issued by the Minister under section 144P of the Act;

Reg. 4(1) def. of State contract amended by S.R. No. 136/2018 reg. 8(2).

State contract means a contract entered into for or on behalf of the State or by a person or body which represents the State, and includes a subcontract made under such a contract;

Reg. 4(1) def. of supported playgroup inserted by S.R. No. 139/2020 reg. 6(1), amended by S.R. No. 123/2022 reg. 5(b).

supported playgroup means a playgroup that is funded by the Department of Families, Fairness and Housing and that has a paid facilitator;

the Act means the Family Violence Protection Act 2008.

Reg. 4(2) inserted by S.R. No. 136/2018 reg. 5(2).

(2) On and from the commencement of regulation 5 of the Family Violence Protection (Information Sharing) Amendment (Risk Management) Regulations 2018, a reference to the Family Violence Protection (Information Sharing) Regulations 2018 in any Act or in any other instrument made under any Act or in any other document of any kind (other than in the Family Violence Protection (Information Sharing) Amendment (Risk Management) Regulations 2018), must be read and construed as a reference to the Family Violence Protection (Information Sharing and Risk Management) Regulations 2018.

Part 2—General

Reg. 5 substituted by S.R. Nos 136/2018 reg. 9, 139/2020 reg. 7.

5 Prescribed information sharing entities

For the purposes of section 144D(1) of the Act, the persons and bodies set out in Schedule 1 are information sharing entities.

Reg. 5A inserted by S.R. No. 139/2020 reg. 8.

5A Delegation

The Secretary to the Department of Education and Training, as an information sharing entity, may, by instrument, delegate any of the powers, functions or duties of an information sharing entity under Part 5A of the Act or these Regulations, other than this power of delegation, to any person employed or engaged by the Secretary to the Department of Education and Training.

Reg. 6 substituted by S.R. Nos 136/2018 reg. 10, 139/2020 reg. 9.

6 Prescribed risk assessment entities

For the purposes of section 144D(2)(a) of the Act, the information sharing entities set out in Schedule 2 are prescribed as risk assessment entities.

Reg. 7 substituted by S.R. No. 136/2018 reg. 11.

7 Prescribed information sharing entity a CIP data custodian

For the purposes of section 144F of the Act, each of the following information sharing entities, or classes of information sharing entities, is prescribed as a CIP data custodian—

(a) Victoria Police within the meaning of the Victoria Police Act 2013;

Reg. 7(b) amended by S.R. No. 123/2022 reg. 6(a).

(b) the Secretary to the Department of Families, Fairness and Housing to the extent that the Secretary performs functions under the Children, Youth and Families Act 2005;

Reg. 7(ca) inserted by S.R. No. 123/2022 reg. 6(b).

(ca) a court official within the meaning of section 3(1) of the Children, Youth and Families Act 2005;

Reg. 7(d) amended by S.R. No. 139/2020 reg. 10.

(d) the Secretary to the Department of Justice and Community Safety, to the extent that the Secretary performs functions under the Corrections Act 1986.

Reg. 8 substituted by S.R. No. 123/2022 reg. 7.

8 Secretary to the Department of Families, Fairness and Housing is the Central Information Point

For the purposes of section 144O(1) of the Act, the Secretary to the Department of Families, Fairness and Housing is the Central Information Point.

Part 3—Record keeping

9 Application of this Part

Reg. 9(1) substituted by S.R. Nos 136/2018 reg. 12(1), 139/2020 reg. 11(1).

(1) This Part applies to an information sharing entity set out in Schedule 1, other than an information sharing entity specified in item 2(g), 36 or 37.

Reg. 9(2) amended by S.R. Nos 136/2018 reg. 12(2), 139/2020 reg. 11(2).

(2) Despite anything to the contrary in this regulation, this Part does not apply to an information sharing entity specified in item 10 of Schedule 1 if that information sharing entity reasonably believes that another information sharing entity has made a record of the prescribed information.

10 Recording obligations for information sharing entities

For the purposes of section 144PB of the Act, the following information is prescribed in respect of confidential information disclosed under Part 5A of the Act by an information sharing entity to which this Part applies—

(a) the information sharing entity which requested the information, if applicable;

(b) the confidential information that was requested, if applicable;

(d) a record of the confidential information disclosed;

(e) the date on which the confidential information was disclosed;

(f) the information sharing entity to which the confidential information was disclosed;

(g) if the information sharing entity disclosing the confidential information has prepared a risk assessment under the approved framework (within the meaning of Part 11 of the Act) or a safety plan in respect of the person, or in respect of a member of the person's family who is at risk of being subjected to family violence, a copy of that risk assessment or safety plan.

11 Recording obligations for information sharing entities when disclosing information about a primary person who is an adult or a linked person

For the purposes of section 144PB of the Act, the following information is prescribed in respect of confidential information about a primary person who is an adult or a linked person disclosed under Part 5A of the Act, by an information sharing entity to whom this Part applies—

(a) if the confidential information was disclosed with the person's consent, a record of whether that consent was written, verbal or implied;

(b) if the confidential information was disclosed without the person's consent—

(i) the reason why the person's consent was not obtained; and

(ii) whether the information sharing entity sought and obtained the views of the person regarding the disclosure and, if not, the reason why;

12 Recording obligations for information sharing entities when disclosing information about a primary person who is a child

(1) For the purposes of section 144PB of the Act, the following information is prescribed in respect of confidential information about a primary person who is a child disclosed under Part 5A by an information sharing entity to whom this part applies—

(a) whether the information sharing entity sought and obtained the views of the child or the child's parent and, if not, the reason why;

(b) whether the child or the child's parent was informed that the confidential information was disclosed.

(2) For the purposes of this regulation, a parent does not include a parent of the child who is a person of concern or a person alleged to pose a risk of family violence.

13 Obligations when declining a request to disclose confidential information

If an information sharing entity or the Central Information Point declines a request to disclose confidential information about any person, it must make a record of the request and the reason why it was declined.

14 Details to be recorded when receiving a complaint

If a complaint is made directly to an information sharing entity or the Central Information Point in relation to the performance of its functions under Part 5A of the Act, it must record—

(a) the date the complaint was made and received; and

(b) the nature of the complaint and relevant details; and

(d) any necessary action that has been taken to prevent, or lessen, the risk of further similar complaints by ensuring the reasons for the complaint have been addressed; and

(e) the time taken to resolve the complaint; and

(f) if the information sharing entity or the Central Information Point was unable to resolve the complaint, what (if any) further action was taken.

Part 4—Confidential information

15 Permission to collect, use or disclose confidential information despite prescribed provisions

For the purposes of section 144QC(b) of the Act, the following provisions are prescribed—

Reg. 15(a) amended by S.R. No. 139/2020 reg. 12.

(a) sections 537(3) and 582(5) of the Children, Youth and Families Act 2005;

Reg. 15(b) amended by S.R. No. 136/2018 reg. 13(a).

(b) sections 39(3) and 132ZC of the Disability Act 2006;

(d) section 347(2) of the Mental Health Act 2014;

Reg. 15(e) amended by S.R. No. 136/2018 reg. 13(b).

(e) section 181 of the Personal Safety Intervention Orders Act 2010;

Reg. 15(f) inserted by S.R. No. 136/2018 reg. 13(c).

(f) section 41B of the Child Wellbeing and Safety Act 2005.

Pt 5 (Heading and reg. 16) inserted by S.R. No. 136/2018 reg. 14.

Part 5—Information sharing relating to Support and Safety Hubs

Reg. 16 inserted by S.R. No. 136/2018 reg. 14.

16 Permission to collect, use or disclose confidential information despite prescribed secrecy provisions

For the purposes of section 144SE(2)(b) of the Act, section 41 of the Children, Youth and Families Act 2005 is a prescribed secrecy provision.

Pt 6 (Heading and regs 17, 18) inserted by S.R. No. 136/2018 reg. 14.

Part 6—Family Violence Risk Assessment and Risk Management Framework

Reg. 17 inserted by S.R. No. 136/2018 reg. 14, substituted by S.R. No. 139/2020 reg. 13.

17 Framework organisations

For the purposes of the definition of framework organisation in section 188 of the Act, the bodies set out in Schedule 3 are framework organisations.

Reg. 18 inserted by S.R. No. 136/2018 reg. 14.

18 Annual reports

For the purposes of sections 192 and 193 of the Act, the following matters are prescribed matters—

(a) actions taken by a public entity or a public service body to support framework organisations and section 191 agencies in relation to the implementation and operation of the approved framework;

(b) a summary of the progress of implementation of the approved framework by framework organisations and section 191 agencies;

(c) proposed future actions to be undertaken by public entities or public service bodies to support ongoing implementation and operation by framework organisations and section 191 agencies with the approved framework.

Sch. 1 inserted by S.R. No. 139/2020 reg. 14, amended by S.R. Nos 123/2022 reg. 8, 72/2023 reg. 4.

Schedule 1—Prescribed information sharing entities

Regulation 5

Column 1<br>Item	Column 2<br>Prescribed information sharing entities
1	Victoria Police within the meaning of the Victoria Police Act 2013.
2	The Secretary to the Department of Families, Fairness and Housing, to the extent that—<br>(a) the Secretary performs functions under the Children, Youth and Families Act 2005; or<br>(b) the Secretary exercises powers conferred under regulation 15(3) of the Immigration (Guardianship of Children) Regulations 2018 (Commonwealth) in relation to a function delegated to the Secretary under section 5 of the Immigration (Guardianship of Children) Act 1946 (Commonwealth); or<br>(c) the Secretary performs functions under the Human Services (Complex Needs) Act 2009; or<br>(d) the Secretary performs functions under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or<br>(e) the Secretary performs functions under the Sentencing Act 1991; or<br>(f) the Secretary performs functions under the Disability Act 2006; or<br>(g) that Department performs functions in relation to the referral of family violence information received from Victoria Police; or<br>(h) that Department performs functions under the Housing Act 1983; or<br>(i) that Department assists with the performance of the Director of Housing's functions under the Housing Act 1983.<br>* * * * *
3	The Secretary to the Department of Justice and Community Safety, to the extent that—<br>(a) that Department performs functions relating to victims of crime services or programs; or<br>(b) the Secretary performs functions under the Corrections Act 1986; or<br>(c) the Secretary performs functions under the Children, Youth and Families Act 2005; or<br>(d) that Department performs functions, or assists with the performance of functions of the Secretary to that Department, under the Children, Youth and Families Act 2005; or<br>(e) that Department manages or delivers justice health services or programs; or<br>(f) that Department supports the performance of the functions under Chapter 5 of the Children, Youth and Families Act 2005 of the Youth Parole Board within the meaning of thatAct.
4	A person or body that provides specialist family violence services and is engaged or funded under a State contract to perform family violence information sharing functions, to the extent that the person or body performs functions relating to the provision of specialist family violence services.
5	A person or body approved to provide counselling services under section 133 of the Act, to the extent that the person or body performs functions relating to those services.
6	A community-based child and family service within the meaning of the Children, Youth and Families Act 2005, to the extent that it performs the functions of a community-based child and family service.
7	A person or body that is engaged or funded under a State contract to provide services to victim survivors of sexual assault and perform family violence information sharing functions, to the extent that the person or body performs functions relating to the provision of services to victim survivors of sexual assault.
8	A person or body that is engaged or funded under a State contract by the Department of Justice and Community Safety to provide case management services to victims of crime, to the extent that the person or body performs functions relating to the provision of case management services to victims of crime.
9	A body that is declared to be an authorised Hub entity under section 144SC of the Act, to the extent that the body provides Hub services within the meaning of Part 5B of the Act.
10	A person or body that participates in a Risk Assessment and Management Panel meeting, to the extent that the person or body performs functions that relate to the person or body's participation in a Risk Assessment and Management Panel meeting, including preparation for and attendance at a meeting and associated follow-up actions or activities.
11	The Disability Services Commissioner within the meaning of the Disability Act 2006.
12	The Director of Housing within the meaning of the Housing Act 1983.
13	The Commission for Children and Young People established by section 6 of the Commission for Children and Young People Act 2012.
14	Ambulance Service—Victoria within the meaning of the Ambulance Services Act 1986.
15	A registered funded agency within the meaning of the Health Services Act 1988, to the extent that it performs the functions of a registered funded agency.
16	A multi-purpose service within the meaning of the Health Services Act 1988, to the extent that it performs the functions of a multi-purpose service.
17	A registered community health centre within the meaning of the Health Services Act 1988, to the extent that it performs the functions of a registered community health service.
18	An incorporated association that is engaged or funded under a State contract to provide a Bush Nursing Centre, to the extent that the incorporated association performs functions relating to the provision of a Bush Nursing Centre.
19	A registered out of home care service within the meaning of the Children, Youth and Families Act 2005, to the extent that it performs the functions of a registered out of home care service.
20	A registered agency within the meaning of the Housing Act 1983, to the extent that it performs the functions of a registered agency.
21	A registered medical practitioner who practises in the medical profession as a general practitioner in Victoria.
22	A general practice nurse who is employed by, or whose services are otherwise retained by, a general practice in Victoria.
23	A person or body that is engaged or funded under a State contract to provide homelessness accommodation or homelessness support services, to the extent that the person or body performs functions relating to the provision of homelessness accommodation or homelessness support services.
24	A person or body that is engaged or funded under a State contract to provide case management support for at risk social housing tenants to assist to establish or sustain a tenancy, to the extent that the person or body delivers those services.
25	A person or body that provides settlement or targeted casework services specifically for migrants, refugees or asylum seekers, to the extent that the person or body provides settlement or casework services for migrants, refugees or asylum seekers.
26	A mental health service provider within the meaning of the Mental Health Act 2014 that is engaged or funded under a State contract to provide mental health services, to the extent that the mental health service provider performs functions relating to the provision of mental health services.
27	A person or body that is engaged or funded under a State contract to provide specialist forensic disability accommodation services, to the extent that the person or body performs functions relating to the provision of specialist forensic disability accommodation services.
28	A person or body that is engaged or funded under a State contract to provide alcohol and other drugs services, to the extent that the person or body performs functions relating to the provision of alcohol and other drugs services.
29	A person or body that is engaged or funded under a State contract to provide treatment services for sexually abusive behaviour, to the extent that the person or body performs functions relating to the provision of sexually abusive behaviour treatment services.
30	An approved provider of a residential care service within the meaning of the Aged Care Act 1997 (Commonwealth) that provides State funded residential aged care services, including State funded residential aged care homes but not including supported residential services within the meaning of the Supported Residential Services (Private Proprietors) Act 2010.
30A	The Secretary to the Department of Health to the extent that that Department provides maternal and child health advice through a state-wide telephone service.
31	A Council to the extent that it provides maternal and child health programs.
32	A person or body engaged by a Council to provide maternal and child health programs for a maternal and child health service on behalf of the Council, to the extent that the person or body performs functions relating to the provision of maternal and child health programs.
33	A person or body that is engaged or funded under a State contract to provide maternal and child health services, to the extent that the person or body performs functions relating to the provision of maternal and child health services.
34	A person or body that is engaged or funded under a State contract to provide supported playgroups, to the extent that the person or body performs functions relating to supported playgroups.
35	A person or body that is engaged or funded under a State contract by the Department of Government Services to provide tenancy advice and advocacy services, to the extent that the person or body performs functions relating to the provision of tenancy advice and advocacy services.
36	A court official within the meaning of section 3(1) of the Magistrates' Court Act 1989.
37	A court official within the meaning of section 3(1) of the Children, Youth and Families Act 2005.
38	The Adult Parole Board established under section 61 of the Corrections Act 1986.
39	A person or body that provides correctional services under an agreement under section 9 of the Corrections Act 1986 that includes family violence information sharing functions, to the extent that the person or body performs functions relating to the provision of correctional services.
40	A person or body that provides services under an agreement made under section 8B of the Corrections Act 1986 that includes family violence information sharing functions, to the extent that the person or body performs functions relating to those services.
41	A person or body that is engaged or funded under a State contract to provide prisoner services or programs and perform family violence information sharing functions, to the extent that the person or body performs functions relating to prisoner services or programs.
42	A person or body that is engaged or funded under a State contract to provide offender rehabilitation and reintegration services and programs and perform family violence information sharing functions, to the extent that the person or body performs functions relating to those offender rehabilitation and reintegration services and programs.
43	A person or body that is engaged or funded under a State contract to provide clinical services or programs for offender rehabilitation to the extent that the person or body performs functions relating to those services or programs.
44	A person or body that is engaged or funded under a State contract to provide youth justice community support services or programs, to the extent that the person or body performs functions relating to youth justice community support services or programs.
45	A person or body that is engaged or funded under a State contract to provide or deliver justice health services or programs to adults, to the extent that the person or body provides or delivers those services or programs directly to adults.
46	A person or body that is engaged or funded under a State contract by the Department of Justice and Community Safety to provide or deliver health, rehabilitation or reintegration services or programs for children, to the extent that the person or body provides or delivers those services or programs directly to children.
47	A person or body that is engaged or funded under a State contract by the Department of Government Services to provide financial counselling services, to the extent that the person or body performs functions relating to financial counselling services.
48	A person or body that is engaged or funded under a State contract to provide family violence perpetrator intervention programs or services, including trials of such programs or services, to the extent that the person or body performs functions relating to the provision of family violence perpetrator intervention programs or services.
49	A person or body that participates in a Multi‑Agency Panel to Prevent Youth Offending meeting, to the extent of that participation, including preparation for and attendance at the meeting and associated follow-up actions or activities.
50	The Victorian Institute of Teaching continued in operation by section 2.6.2 of the Education and Training Reform Act 2006.
51	The Victorian Curriculum and Assessment Authority continued in operation by section 2.5.2 of the Education and Training Reform Act 2006.
52	The Victorian Registration and Qualifications Authority established by section 4.2.1 of the Education and Training Reform Act 2006.
53	The Secretary to the Department of Education and Training, to the extent that—<br>(a) that Department manages or delivers programs which support the educational outcomes for children and young people involved in the criminal justice system; or<br>(b) that Department manages or delivers programs which support educational outcomes for children and young people in out of home care; or<br>(c) that Department manages or delivers student support services to assist children and young people with learning, mental health and developmental barriers; or<br>(d) that Department manages or delivers emergency and critical incident management, security, and incident management programs and services for registered schools; or<br>(e) that Department manages or delivers programs and services to assist children and young people with vision impairments; or<br>(f) that Department manages or delivers chaplaincy programs to support the emotional wellbeing of students; or<br>(g) that Department manages the approval and regulation of education and care services; or<br>(h) that Department manages the approval and regulation of children's services under the Children's Services Act 1996; or<br>(i) that Department manages or delivers programs and services to support cultural engagement and improved outcomes for Aboriginal children and young people; or<br>(j) that Department manages or delivers re-engagement services to children and young people at risk of disengaging with education; or<br>(k) that Department provides school nursing programs.
54	An approved provider of a relevant education and care service located in Victoria to the extent that the approved provider performs child-related functions in relation to the day to day organisation, management and administration of the service.
55	A Government school.
56	An operator of a non-Government school, to the extent that the operator performs student-related functions in relation to the day to day organisation, management and administration of a non-Government school.
* * * * *
58	A person or body that is engaged or funded under a State contract to provide mental health support services, to the extent that the person or body performs functions relating to the provision of mental health support services in Government schools.
59	A person or body that is engaged or funded under a State contract to provide education support to children and young people experiencing chronic health conditions, to the extent that the person or body performs functions relating to the provision of those services at the Royal Children's Hospital.
60	A person or body that is engaged or funded under a State contract by the Department of Education and Training to provide early intervention services to children and young people at risk of disengaging with education, to the extent that the person or body performs functions relating to the provision of those services.
61	A person or body that is engaged or funded under a State contract by the Department of Education and Training to provide re-engagement services to children and young people at risk of disengaging with education, to the extent that the person or body performs functions relating to the provision of those services.
* * * * *
64	A person or body that is engaged or funded under a State contract by the Department of Education and Training to manage or deliver programs which support educational outcomes for children and young people in out of home care, to the extent that the person or body performs functions relating to the provision of programs to support educational outcomes for children and young people in out of home care.
65	A person or body that is engaged or funded under a State contract by the Department of Education and Training to manage or deliver student support services to assist children and young people with learning, mental health and developmental barriers, to the extent that the person or body performs functions relating to the provision of services to assist children and young people with learning, mental health and developmental barriers.
66	A body that operates under the auspices of the Catholic Church and that provides support or services to Catholic schools, to the extent that the body performs functions relating to—<br>(a) student wellbeing or safety; or<br>(b) the promotion and management of professional ethics and conduct; or<br>(c) learning diversity.
67	The Victorian Disability Worker Commission established under section 21(1) of the Disability Service Safeguards Act 2018.
68	The Disability Worker Registration Board of Victoria established under section 8 of the Disability Service Safeguards Act 2018.

Sch. 2 inserted by S.R. No. 139/2020 reg. 14, amended by S.R. No. 123/2022 reg. 9.

Schedule 2—Risk assessment entities

Regulation 6

Column 1<br>Item	Column 2<br>Prescribed risk assessment entities
1	Victoria Police within the meaning of the Victoria Police Act 2013.
2	The Secretary to the Department of Families, Fairness and Housing, to the extent that the Secretary performs functions under the Children, Youth and Families Act 2005.
3	The Secretary to the Department of Justice and Community Safety, to the extent that that Department performs functions relating to victims of crime services or programs.
4	A person or body that provides specialist family violence services and is engaged or funded under a State contract to perform family violence information sharing functions, to the extent that the person or body performs functions relating to the provision of specialist family violence services.
5	A person or body approved to provide counselling services under section 133 of the Act, to the extent that the person or body performs functions relating to those services.
6	A community-based child and family service within the meaning of the Children, Youth and Families Act 2005, which provides Child and Family Information Referral and Support Team services, to the extent that the body performs functions relating to those services.
7	A person or body that is engaged or funded under a State contract to provide services to victim survivors of sexual assault and perform family violence information sharing functions, to the extent that the person or body performs functions relating to the provision of services to victim survivors of sexual assault.
8	A person or body that is engaged or funded under a State contract by the Department of Justice and Community Safety to provide case management services to victims of crime, to the extent that the person or body performs functions relating to the provision of case management services to victims of crime.
9	A body that is declared to be an authorised Hub entity under section 144SC of the Act, to the extent that the body provides Hub services within the meaning of Part 5B of the Act.
10	A person or body that participates in a Risk Assessment and Management Panel meeting, to the extent that the person or body performs functions that relate to the person or body's participation in a Risk Assessment and Management Panel meeting, including preparation for and attendance at a meeting and associated follow-up actions or activities.

Sch. 3 inserted by S.R. No. 139/2020 reg. 14, amended by S.R. Nos 123/2022 reg. 10, 72/2023 reg. 5.

Schedule 3—Framework organisations

Regulation 17

Column 1<br>Item	Column 2<br>Prescribed framework organisation
1	Victoria Police within the meaning of the Victoria Police Act 2013.
2	The Department of Families, Fairness and Housing.
3	The Department of Justice and Community Safety, to the extent that—<br>(a) the Department performs functions relating to victims of crime services or programs; or<br>(b) the Department performs functions on behalf of the Secretary to the Department, or assists with the performance of functions, under the Corrections Act 1986;<br>(c) the Department performs functions, or assists with the performance of functions of the Secretary to the Department, under the Children, Youth and Families Act 2005; or<br>(d) the Department performs functions relating to the management or delivery of justice health services or programs; or<br>(e) the Department supports the performance of the functions under Chapter 5 of the Children, Youth and Families Act 2005 of the Youth Parole Board within the meaning of that Act.
4	A body that provides specialist family violence services and is engaged or funded under a State contract to perform family violence information sharing functions, to the extent that the body performs functions relating to the provision of specialist family violence services.
5	A body approved to provide counselling services under section 133 of the Act, to the extent that the body performs functions relating to those services.
6	A community-based child and family service within the meaning of the Children, Youth and Families Act 2005, to the extent that it performs the functions of a community-based child and family service.
7	A body that is engaged or funded under a State contract to provide services to victim survivors of sexual assault and perform family violence information sharing functions to the extent that the body performs functions relating to the provision of services to victim survivors of sexual assault.
8	A body that is engaged or funded under a State contract by the Department of Justice and Community Safety to provide case management services to victims of crime, to the extent that the body performs functions relating to the provision of case management services to victims of crime.
9	A body that is declared to be an authorised Hub entity under section 144SC of the Act, to the extent that the body provides Hub services within the meaning of Part 5B of the Act.
9A	The Department of Health.
10	Ambulance Service—Victoria within the meaning of the Ambulance Services Act 1986.
11	A registered funded agency within the meaning of the Health Services Act 1988, to the extent that it performs the functions of a registered funded agency.
12	A multi-purpose service within the meaning of the Health Services Act 1988, to the extent that it performs the functions of a multi-purpose service.
13	A registered community health centre within the meaning of the Health Services Act 1988, to the extent that it performs the functions of a registered community health service.
14	An incorporated association that is engaged or funded under a State contract to provide a Bush Nursing Centre, to the extent that the incorporated association performs functions relating to the provision of a Bush Nursing Centre.
15	A registered out of home care service within the meaning of the Children, Youth and Families Act 2005, to the extent that it performs the functions of a registered out of home care service.
16	A registered agency within the meaning of the Housing Act 1983, to the extent that it performs the functions of a registered agency.
17	A body that is engaged or funded under a State contract to provide homelessness accommodation or homelessness support services, to the extent that the body performs functions relating to the provision of homelessness accommodation or homelessness support services.
18	A body that is engaged or funded under a State contract to provide case management support for at risk social housing tenants to assist to establish or sustain a tenancy to the extent that the body delivers those services.
19	A body that provides settlement or targeted casework services specifically for migrants, refugees or asylum seekers, to the extent that the body provides settlement or casework services for migrants, refugees or asylum seekers.
20	A mental health service provider within the meaning of the Mental Health Act 2014 that is engaged or funded under a State contract to provide mental health services, to the extent that the mental health service provider performs functions relating to the provision of mental health services.
21	A body that is engaged or funded under a State contract to provide specialist forensic disability accommodation services, to the extent that the body performs functions relating to the provision of specialist forensic disability accommodation services.
22	A body that is engaged or funded under a State contract to provide alcohol and other drugs services, to the extent that the body performs functions relating to the provision of alcohol and other drugs services.
23	A body that is engaged or funded under a State contract to provide treatment services for sexually abusive behaviour, to the extent that the body performs functions relating to the provision of sexually abusive behaviour treatment services.
24	An approved provider of a residential care service within the meaning of the Aged Care Act 1997 (Commonwealth) that provides State funded residential aged care services, including State funded residential aged care homes but not including supported residential services within the meaning of the Supported Residential Services (Private Proprietors) Act 2010.
25	A Council to the extent that it provides maternal and child health programs.
26	A body engaged by a Council to provide maternal and child health programs for a maternal and child health service on behalf of the Council, to the extent that the body performs functions relating to the provision of maternal and child health programs.
27	A body that is engaged or funded under a State contract to provide maternal and child health services, to the extent that the body performs functions relating to the provision of maternal and child health services.
28	A body that is engaged or funded under a State contract to provide supported playgroups, to the extent that the body performs functions relating to supported playgroups.
* * * * *
30	A body that is engaged or funded under a State contract by the Department of Government Services to provide tenancy advice and advocacy services, to the extent that the body performs functions relating to the provision of tenancy advice and advocacy services.
31	A dispute settlement centre declared under section 21K of the Evidence (Miscellaneous Provisions) Act 1958.
32	A body engaged or funded by Court Services Victoria under a State contract for the provision of family violence support services.
33	A body that is engaged under a State contract to provide financial counselling services to the extent that the body performs functions relating to financial counselling services.
34	The Adult Parole Board established under section 61 of the Corrections Act 1986.
35	A body that provides correctional services under an agreement under section 9 of the Corrections Act 1986 that includes family violence information sharing functions, to the extent that the body performs functions relating to the provision of correctional services.
36	A body that provides services under an agreement made under section 8B of the Corrections Act 1986 that includes family violence information sharing functions, to the extent that the body performs functions relating to those services.
37	A body that is engaged or funded under a State contract to provide prisoner services or programs and perform family violence information sharing functions, to the extent that the body performs functions relating to prisoner services or programs.
38	A body that is engaged or funded under a State contract to provide offender rehabilitation and reintegration services and programs and perform family violence information sharing functions, to the extent that the body performs functions relating to those offender rehabilitation and reintegration services and programs.
39	A body that is engaged or funded under a State contract to provide clinical services or programs for offender rehabilitation to the extent that the body performs functions relating to those services or programs.
40	A body that is engaged or funded under a State contract to provide youth justice community support services or programs, to the extent that the body performs functions relating to youth justice community support services or programs.
41	A body that is engaged or funded under a State contract to provide or deliver justice health services or programs to adults, to the extent that the body provides or delivers those services or programs directly to adults.
42	A body that is engaged or funded under a State contract by the Department of Justice and Community Safety to provide or deliver health, rehabilitation or reintegration services or programs for children, to the extent that the body provides or delivers those services or programs directly to children.
43	A body that is engaged or funded under a State contract to provide family violence perpetrator intervention programs or services, including trials of such programs or services, to the extent that the body performs functions relating to the provision of family violence perpetrator intervention programs or services.
44	The Magistrates' Court, to the extent that it is performing a function other than a judicial or quasi-judicial function.
45	The Children's Court, to the extent that it is performing a function other than a judicial or quasi-judicial function.
46	The Department of Education and Training.
47	An approved provider of a relevant education and care service located in Victoria to the extent that the approved provider performs child-related functions in relation to the day to day organisation, management and administration of the service.
48	A Government school.
49	An operator of a non-Government school, to the extent that the operator performs student-related functions in relation to the day to day organisation, management and administration of a non-Government school.
* * * * *
51	A body that is engaged or funded under a State contract to provide mental health support services, to the extent that the body performs functions relating to the provision of mental health support services in Government schools.
52	A body that is engaged or funded under a State contract to provide education support to children and young people experiencing chronic health conditions, to the extent that the body performs functions relating to the provision of those services at the Royal Children's Hospital.
53	A body that is engaged or funded under a State contract by the Department of Education and Training to provide early intervention services to children and young people at risk of disengaging with education, to the extent that the body performs functions relating to the provision of those services.
54	A body that is engaged or funded under a State contract by the Department of Education and Training to provide re-engagement services to children and young people at risk of disengaging with education, to the extent that the body performs functions relating to the provision of those services.
* * * * *
57	A body that is engaged or funded under a State contract by the Department of Education and Training to manage or deliver programs which support educational outcomes for children and young people in out of home care, to the extent that the body performs functions relating to the provision of programs to support educational outcomes for children and young people in out of home care.
58	A body that is engaged or funded under a State contract by the Department of Education and Training to manage or deliver student support services to assist children and young people with learning, mental health and developmental barriers, to the extent that the body performs functions relating to the provision of services to assist children and young people with learning, mental health and developmental barriers.
59	A body that operates under the auspices of the Catholic Church and that provides support or services to Catholic schools, to the extent that the body performs functions relating to—<br>(a) student wellbeing or safety; or<br>(b) the promotion and management of professional ethics and conduct; or<br>(c) learning diversity.

═════════════

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 Family Violence Protection (Information Sharing) Regulations 2018, S.R. No. 14/2018 were made on 13 February 2018 by the Governor in Council under sections 210A and 211 of the Family Violence Protection Act 2008, No. 52/2008 and came into operation on 26 February 2018: regulation 3.

The title of these Regulations was changed from the Family Violence Protection (Information Sharing) Regulations 2018 to the Family Violence Protection (Information Sharing and Risk Management) Regulations 2018 by regulation 5(1) of the Family Violence Protection (Information Sharing) Amendment (Risk Management) Regulations 2018, S.R. No. 136/2018.

The Family Violence Protection (Information Sharing and Risk Management) Regulations 2018 will sunset 10 years after the day of making on 13 February 2028 (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 Family Violence Protection (Information Sharing and Risk Management) Regulations 2018 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Family Violence Protection (Information Sharing) Amendment (Risk Management) Regulations 2018, S.R. No. 136/2018

Date of Making:	18.9.18
Date of Commencement:	27.9.18: reg. 3

Family Violence Protection (Information Sharing and Risk Management) Amendment Regulations 2020, S.R. No. 139/2020

Date of Making:	15.12.20
Date of Commencement:	19.4.21: reg. 3

Family Violence Protection (Information Sharing and Risk Management) Amendment Regulations 2022, S.R. No. 123/2022

Date of Making:	18.10.22
Date of Commencement:	1.11.22: reg. 3

Family Violence Protection (Information Sharing and Risk Management) Amendment Regulations 2023, S.R. No. 72/2023

Date of Making:	18.7.23
Date of Commencement:	18.7.23

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

No entries at date of publication.

1 Family Violence Protection (Information Sharing and Risk Management) Regulations 2018

Version No. 005

Family Violence Protection (Information Sharing and Risk Management) Regulations 2018

S.R. No. 14/2018

Version incorporating amendments as at
18 July 2023

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objective 1

2 Authorising provisions 2

3 Commencement 2

4 Definitions 2

Part 2—General 7

5 Prescribed information sharing entities 7

5A Delegation 7

6 Prescribed risk assessment entities 7

7 Prescribed information sharing entity a CIP data custodian 7

8 Secretary to the Department of Families, Fairness and Housing is the Central Information Point 8

Part 3—Record keeping 9

9 Application of this Part 9

10 Recording obligations for information sharing entities 9

11 Recording obligations for information sharing entities when disclosing information about a primary person who is an adult or a linked person 10

12 Recording obligations for information sharing entities when disclosing information about a primary person who is a child 11

13 Obligations when declining a request to disclose confidential information 11

14 Details to be recorded when receiving a complaint 11

Part 4—Confidential information 13

15 Permission to collect, use or disclose confidential information despite prescribed provisions 13

Part 5—Information sharing relating to Support and Safety Hubs 14

16 Permission to collect, use or disclose confidential information despite prescribed secrecy provisions 14

Part 6—Family Violence Risk Assessment and Risk Management Framework 15

17 Framework organisations 15

18 Annual reports 15

Schedule 1—Prescribed information sharing entities 16

Schedule 2—Risk assessment entities 26

Schedule 3—Framework organisations 28

═════════════

Endnotes 35

1 General information 35

2 Table of Amendments 37

3 Explanatory details 38

Several interlocking legal concepts structure the Regulations. The definitions in regulation 4 and the Schedules give effect to those concepts operationally.

Information sharing entity. Regulation 5 prescribes the persons and bodies listed in Schedule 1 as "information sharing entities" for s 144D(1) of the Act. Schedule 1 is extensive. It includes core public agencies such as Victoria Police (Schedule 1, item 1), Secretaries of specified departments (items 2, 3, 53), courts and court officials (items 36, 37), health services, education providers, local councils, correctional and parole bodies, and a long list of non‑government bodies that perform specified functions under State contracts (multiple items). Note the recurring drafting pattern "to the extent that" an entity performs a particular function. That language confines prescription to functionally relevant activities rather than a blanket capture of an entire organisation's operations (see, for example, Schedule 1 items 2, 3, 4, 21-29, 39-46, 53-66).
Family violence information sharing function. Regulation 4 defines "family violence information sharing function", including when the function is specified in a State contract or related documents. This makes contractually conferred duties a trigger for entity prescription (regulation 4 definition of "family violence information sharing function").
Risk assessment entity. Regulation 6 prescribes certain information sharing entities from Schedule 1 as "risk assessment entities" in Schedule 2. The category is narrower: Schedule 2 lists 10 items, comprising Victoria Police, relevant departmental Secretaries (limited functions), specialist family violence service providers (when engaged under State contract), counselling service providers under s 133 of the Act, specified community child and family services, Hub entities and participants in Risk Assessment and Management Panel meetings (Schedule 2).
Central Information Point and CIP data custodians. Regulation 8 designates the Secretary to the Department of Families, Fairness and Housing as the Central Information Point for s 144O(1) of the Act. Regulation 7 prescribes certain information sharing entities or classes as CIP data custodians (Victoria Police; Secretary DFFH to the extent performing Children, Youth and Families Act functions; certain court officials; Secretary to the Department of Justice and Community Safety when performing Corrections Act functions). These provisions allocate data custodial roles relevant to the centralised management and circulation of information under the Act (regulation 7 and 8).
Record keeping obligations. Part 3 (regulations 9-14) prescribes what must be recorded when confidential information is shared under Part 5A (see regulation 10 list items (a)-(g)), plus additional, detailed record items addressing consent and notification for adults (regulation 11) and whether views were sought and notified for children (regulation 12). There are also mandatory records for declined requests (regulation 13) and complaints (regulation 14).
Permission to override specific statutory secrecy/confidentiality provisions. Regulation 15 lists particular provisions in other Acts which are prescribed for the purposes of s 144QC(b) of the Act, meaning that those provisions do not prevent collection/use/disclosure under the information sharing scheme. Regulation 16 prescribes section 41 of the Children, Youth and Families Act 2005 as a secrecy provision for the purposes of s 144SE(2)(b) of Part 5B. The list in regulation 15 is narrowly defined and explicitly enumerated.
Framework organisations and approved framework reporting. Regulation 17 and Schedule 3 prescribe framework organisations for the Risk Assessment and Risk Management Framework under the Act. Regulation 18 prescribes three annual report matters public entities must address concerning support for implementation and ongoing operation of the approved framework.

Procedurally the Regulations are built to convert statutory permissions in the Act into concrete lists, record obligations and reporting items. The consequence is that the scope of permitted information flows, the identity of participants in risk assessment, and the required administrative controls are all driven by the Schedules and the narrowly worded recordkeeping requirements in Part 3.

The Regulations affect a large class of public bodies, contracted service providers and certain professionals. The operative question for a given organisation is whether it appears in Schedule 1 (information sharing entity), Schedule 2 (risk assessment entity) or Schedule 3 (framework organisation), and whether the qualifying phrase "to the extent that" captures the activity the organisation performs.

Core public agencies. Victoria Police is consistently included (Schedule 1 item 1; Schedule 2 item 1; Schedule 3 item 1). Secretaries of the Departments of Families, Fairness and Housing, Justice and Community Safety, Health and Education and Training appear in various places with scope qualifications (Schedule 1 items 2, 3, 53; Schedule 3 items 2-3, 9A, 46). These public bodies are affected when they perform the functions identified in the Schedules (many items are limited "to the extent that" clauses).
Courts and court officials. Court officials are prescribed as information sharing entities (Schedule 1 items 36 and 37). The Magistrates' Court and Children's Court appear in Schedule 3 as framework organisations but only "to the extent that it is performing a function other than a judicial or quasi‑judicial function" (Schedule 3 items 44-45). These provisions affect administrative staff and non‑judicial arms of courts, rather than judicial functions.
Health and social services. A wide range of health services and social service providers are captured: ambulance services (Schedule 1 item 14; Schedule 3 item 10), registered funded health agencies, community health centres, multi‑purpose services, mental health service providers, alcohol and other drugs services, treatment services for sexually abusive behaviour, homelessness services, out‑of‑home care services and aged care providers (multiple Schedule items). For many non‑government providers, coverage is conditional on being "engaged or funded under a State contract" and performing the family violence information sharing functions specified in that contract (for example Schedule 1 items 4, 7, 23, 26-29, 39-46).
Education sector. Government schools, non‑government school operators, approved providers of education and care services, the Department of Education and Training and education regulators appear throughout the Schedules (Schedule 1 items 53-56 and others; Schedule 3 items 46-49, 51-54). The Department of Education and Training has a specific delegation rule (regulation 5A) allowing the Secretary to delegate information‑sharing powers internally.
Local government and councils. Councils appear when performing maternal and child health programs or related services (Schedule 1 items 31-33; Schedule 3 items 25-26).
Contracted or funded non‑government providers. A substantial part of the Schedules is devoted to organisations that are engaged or funded under State contracts to deliver services (housing, tenancy support, perpetrator programs, financial counselling, justice health programs, re‑engagement/early intervention, school support services). Where a body participates under a State contract which includes family violence information sharing functions, those bodies are information sharing entities to the extent they perform those functions (see the definition of "family violence information sharing function" in regulation 4 and the many Schedule entries that reference State contracts).
Specialist family violence services and Hubs. Specialist family violence service providers and declared Hub entities (authorised Hub entities under s 144SC of the Act) are expressly prescribed (Schedule 1 items 4 and 9; Schedule 2 item 9; Schedule 3 item 9). These bodies will be directly affected by Part 5B Hub rules and by the list of prescribed secrecy provisions in regulation 16.
Individuals in clinical and school settings. The Regulations expressly name certain professional roles: registered medical practitioners practising as general practitioners (Schedule 1 item 21), general practice nurses (item 22), registered nurses, enrolled nurses and other specified classifications added by later amendments (definitions in regulation 4). These individuals must comply with the recordkeeping and disclosure obligations when they engage in prescribed functions.

Who pays. The Regulations place administrative compliance duties on public entities and on contracted service providers. Costs are therefore borne by the public bodies (for example, departmental Secretaries to implement Central Information Point duties and annual reporting duties,regulations 7, 8 and 18) and by private or not‑for‑profit providers who contract with the State to deliver services and who must comply with record‑keeping (Part 3) and possibly risk assessment roles (Schedule 2). The State remains the contracting party that specifies family violence information sharing functions in State contracts (regulation 4 definition of "family violence information sharing function"), and this is the mechanism by which private parties are brought into the scheme.

Who decides. Decisions about whether to collect, use or disclose confidential information under Part 5A are made by the prescribed information sharing entities within the limits of the Act and these Regulations. The Central Information Point is designated as the Secretary to the Department of Families, Fairness and Housing (regulation 8), and certain entities are prescribed as CIP data custodians (regulation 7). The Department of Education and Training is given an express delegation route for internal assignment of powers (regulation 5A). The Act provides the overarching decision framework; these Regulations determine which bodies can exercise those powers and what administrative records must be kept.

The Regulations convert statutory powers into concrete duties, and they identify limited instances where secrecy or confidentiality provisions in other Acts are not an obstacle to information flows.

Key duties

Record keeping. Information sharing entities to which Part 3 applies must record a defined set of items whenever confidential information is disclosed under Part 5A (regulation 10). Required items include: the requesting entity, the confidential information requested, date of request, a record of the confidential information disclosed, the date of disclosure, recipient entity, and where applicable a copy of the risk assessment or safety plan prepared under the approved framework (regulation 10(a)-(g)). Where the primary person is an adult or a linked person, additional records must specify whether consent was obtained and whether it was written, verbal or implied; and where disclosure occurred without consent, the reason why and whether the person's views were sought (regulation 11). For children, the prescriber must record whether the child or the parent was consulted and informed, with a specific exclusion that "parent" does not include a parent who is a person of concern (regulation 12(1)-(2)). If a request to disclose confidential information is declined, the declining entity or the Central Information Point must record the request and the reason for the decline (regulation 13). If an information sharing entity or the Central Information Point receives a complaint in relation to Part 5A functions, it must record specified complaint details and actions taken (regulation 14).
Preparation and retention of risk assessments and safety plans. If an information sharing entity has prepared a risk assessment under the approved framework or a safety plan in respect of a person, and confidential information is disclosed, the entity must record a copy of that risk assessment or safety plan (regulation 10(g)). That makes preparation of such documents both a substantive risk management tool and an administrative record that will likely be subject to audit or review.
Compliance with prescribed permissions. Entities must act within the permissions granted by the Act and these Regulations when they collect, use or disclose confidential information. Regulation 15 prescribes certain statutory provisions in other Acts which, notwithstanding their confidentiality wording, do not prevent uses under the information sharing regime. Entities exercising information sharing powers must be aware of the specific other legislative provisions that have been carved out and of their limits (regulation 15 lists provisions in Children, Youth and Families Act 2005; Disability Act 2006; Magistrates' Court Act 1989; Mental Health Act 2014; Personal Safety Intervention Orders Act 2010; Child Wellbeing and Safety Act 2005).
Duty to follow Part 5B secrecy exceptions for Hubs. The Regulations prescribe section 41 of the Children, Youth and Families Act 2005 as a secrecy provision relevant to Support and Safety Hubs under Part 5B; this plays into when Hub entities may or may not rely on secrecy protections when sharing information (regulation 16).
Delegation. The Secretary to the Department of Education and Training may delegate any information sharing powers, duties and functions (under Part 5A or these Regulations) to any person employed or engaged by the Secretary, except the power of delegation itself (regulation 5A). That creates an internal mechanism for the Department of Education and Training to allocate operational responsibility.

Key rights and discretions

Right to collect/use/disclose under Part 5A and Part 5B subject to the Act. The Regulations do not create independent rights to collect or disclose; rather they identify who may exercise the statutory information sharing permissions in the Act and when other statutory secrecy provisions do not block that exercise (regulations 5, 7, 15, 16).
Discretion to decline. Information sharing entities and the Central Information Point retain a discretion to decline requests to disclose confidential information; when they do so they must record the request and the reason for the decline (regulation 13).
Right to delegate departmental powers (limited). Only the Secretary to the Department of Education and Training has the express regulatory power to delegate information sharing functions to departmental employees or persons engaged by the Secretary, and the power cannot be delegated further (regulation 5A).

Limits and constraints

Functional limitation. Many Schedule entries limit prescription narrowly by reference to functions performed or to State contracts specifying family violence information sharing functions. The "to the extent that" drafting reduces the reach of prescription to particular functional areas rather than entire organisations (many Schedule items; see also the definition of "family violence information sharing function" in regulation 4).
Partial exclusions from Part 3. Part 3 recordkeeping rules do not apply to all information sharing entities: regulation 9(1) excludes entities specified in Schedule 1 items 2(g), 36 and 37 from Part 3. Additionally, regulation 9(2) exempts Schedule 1 item 10 if the entity reasonably believes another information sharing entity has already made the prescribed record. These carve outs affect where administrative obligations fall in multi‑agency settings.

The Regulations therefore set out explicit administrative obligations (records, copies of risk assessments/safety plans, complaint handling), define who can exercise information sharing powers, create limited delegation authority, and prescribe narrowly defined overrides of other statutory confidentiality provisions.

The Regulations primarily prescribe administrative duties, definitions and lists; they do not themselves institute new criminal offences or express monetary penalties within the text provided. Key observations about enforcement and accountability are:

No penal provisions within these Regulations. A careful reading of the Regulations as reproduced shows no express offence clauses or fines imposed by these Regulations. The instrument operates by designating entities, prescribing recordkeeping, and identifying statutory provisions in other Acts which do not prevent sharing under the Act (see Parts 2-6 and the Schedules). Where the Regulations require a record to be made (Part 3: regulations 10-14), the text does not attach direct sanctions in this statutory instrument for non‑compliance.
Enforcement and remedies will be sourced in the Act and other applicable supervision regimes. The Regulations were made under sections 210A, 210B and 211 of the Family Violence Protection Act 2008 (regulation 2). Enforcement mechanisms, obligations as to lawful exercise of powers, and any civil or administrative consequences for non‑compliance would be in the principal Act, the enabling Acts referenced (for example, the Children, Youth and Families Act 2005 and other regulating Acts), employment or contract terms, and any sectoral regulatory regimes (for example, health, child safety, or privacy oversight bodies). The Regulations reference s 144PB and s 144QC of the Act as the statutory hooks for the recordkeeping permissions and the prescribed conflict with other Acts (see regulations 10 and 15), which is an indication that the Act governs the substantive legal consequences.
Administrative oversight is indicated by reporting obligations. Regulation 18 prescribes matters for annual reports under sections 192 and 193 of the Act: actions taken by public entities to support implementation, summaries of progress, and proposed future actions to support ongoing implementation of the approved framework. Those annual report prescriptions create a record that may be used for oversight and monitoring, but the Regulations do not specify enforcement mechanisms for poor performance in reports beyond the framework created in the Act (regulation 18).
Data custodianship and the Central Information Point allocation imply compliance and governance duties. The appointment of a Central Information Point (regulation 8) and CIP data custodians (regulation 7) suggests a locus for data governance and operational enforcement within the executive; however, the Regulations do not set out a specific compliance regime or penalties to be applied by those bodies in this instrument.
Sunset. The instrument will sunset ten years after the day of making (Endnotes, General information). Sunset provisions affect long‑term enforcement planning because the prescriptions may expire unless remade.

In sum, enforcement in relation to the duties in these Regulations will rely on the Act's enforcement provisions, contractual terms where State contracts are the source of the entity's information sharing function, professional regulation (for health and education professionals), and any sectoral oversight agencies. The Regulations impose clear administrative record obligations and reporting frameworks, but they do not themselves specify sanctions for breach.

The Regulations are tightly integrated with the Family Violence Protection Act 2008 and with numerous sectoral statutes. The instrument uses two principal mechanisms to interact with other laws: (1) direct cross‑references and prescriptions that carry effect for the information sharing regime; and (2) narrow statutory permissions to displace or operate despite particular secrecy provisions in other Acts.

Cross‑references and functional overlap

Enabling and operation under the Act. The Regulations were made under ss 210A, 210B and 211 of the Family Violence Protection Act 2008 (regulation 2). Much of the Regulations specify elements required by the Act, such as lists of entities for s 144D and framework organisations for s 188 (regulations 5, 6 and 17).
Sectoral role alignment. The Schedules repeatedly refer to functions in other Acts , for example, functions under the Children, Youth and Families Act 2005, Corrections Act 1986, Disability Act 2006, Housing Act 1983, Health Services Act 1988, Education and Training Reform Act 2006, and the Aged Care Act 1997 (multiple Schedule items). That means an entity's obligations under those Acts and the practical functions it performs there will determine whether it becomes an information sharing entity, risk assessment entity or framework organisation under these Regulations.
State contracts as a cross‑jurisdictional lever. The Regulations explicitly treat State contracts as a mechanism to bring non‑government organisations into the regime. The definition of "family violence information sharing function" in regulation 4 includes functions specified in a State contract or in another document required by the contract, so the content of State contracts determines which private or not‑for‑profit bodies are captured (regulation 4 and many Schedule 1 and 3 entries referencing State contracts). This creates an intersection between contract law and the statutory information sharing scheme.
Delegation within department. Regulation 5A gives the Secretary to the Department of Education and Training a statutory mechanism to delegate internal powers conferred by Part 5A or these Regulations. This interacts with public sector employment law and administrative law principles about delegation and the lawful exercise of delegated authorities.
Courts and judicial functions. Schedule 3 lists the Magistrates' Court and Children's Court as framework organisations only when they are performing non‑judicial or non‑quasi‑judicial functions (Schedule 3 items 44-45). The distinction preserves separation between judicial decision‑making and administrative information‑sharing functions.

Permissive displacements of secrecy/confidentiality

Narrow list of overrides. Regulation 15 prescribes specific statutory provisions in other Acts for the purposes of s 144QC(b) of the Act. The list is explicit and limited: selected sections in the Children, Youth and Families Act 2005 (ss 537(3) and 582(5)), Disability Act 2006 (ss 39(3) and 132ZC), Magistrates' Court Act 1989 (ss 18(3), 99A(5) and 124J(2)), Mental Health Act 2014 (s 347(2)), Personal Safety Intervention Orders Act 2010 (s 181), and the Child Wellbeing and Safety Act 2005 (s 41B) (regulation 15(a)-(f)). The effect is that those particular provisions will not prevent collection, use or disclosure under the information sharing permissions of the Act; other secrecy provisions are not displaced by these Regulations.
Hub secrecy provision. Regulation 16 prescribes section 41 of the Children, Youth and Families Act 2005 as a secrecy provision for the purposes of s 144SE(2)(b) of Part 5B of the Act. This is a specific interaction relevant to Support and Safety Hubs.
Limitations of displacement. Because regulation 15 lists only enumerated provisions, entities must carefully check whether a confidentiality clause in another statute is included; if not listed then it will continue to apply and may block information sharing under ordinary statutory interpretation. The Regulations therefore create a limited and specific network of permitted overrides, not a wholesale displacement of external confidentiality regimes.

Reporting and accountability frameworks

Annual report interactions. Regulation 18 prescribes matters for public entities' annual reports under ss 192 and 193 of the Act, including actions taken to support framework organisations, summaries of progress, and proposed future actions (regulation 18(a)-(c)). Those report obligations interact with public sector reporting obligations under the Public Administration Act and departmental reporting systems.
CIP and data custodian roles. The designation of the Central Information Point (regulation 8) and the naming of CIP data custodians (regulation 7) interact with data governance and privacy law frameworks. Those roles are likely to interface with Privacy Act and Victorian information management obligations, though such interaction is not detailed in these Regulations and would instead arise under the privacy and records management regimes governing each entity.

Interpretation and statutory references

Definitions link across statutes. Regulation 4 imports definitions from other Acts and regulatory instruments (for example, "approved education and care service" has the same meaning as in the Education and Care Services National Law (Victoria); "Council" uses the Local Government Act 1989 definition). These cross‑references make the interpretation of who is captured contingent on other statutes' definitions.
Reading rules and previous instruments. Regulation 4(2) instructs that references to the previous title of the Regulations should be read as references to the current title, which affects interpretive continuity for other instruments referring to the earlier instrument.

Overall, the Regulations are constructed to be an overlay that operates in tandem with the Family Violence Protection Act 2008, existing sectoral statutes, State contracts and departmental administrative frameworks. They rely heavily on these external instruments for defining boundaries and operational detail.

The Regulation text includes explicit amendment annotations and an Endnotes Table of Amendments. Key steps in the instrument's evolution, as recorded in the Regulations, are:

Original making and commencement. The Family Violence Protection (Information Sharing) Regulations 2018, S.R. No. 14/2018 were made on 13 February 2018 under sections 210A and 211 of the Family Violence Protection Act 2008 and came into operation on 26 February 2018 (Endnotes: General information; regulation 3).
Title change and addition of Risk Management material. The title of the Regulations was changed from Family Violence Protection (Information Sharing) Regulations 2018 to Family Violence Protection (Information Sharing and Risk Management) Regulations 2018 by regulation 5(1) of the Family Violence Protection (Information Sharing) Amendment (Risk Management) Regulations 2018, S.R. No. 136/2018 (Endnotes). That instrument inserted Part 6 (Family Violence Risk Assessment and Risk Management Framework) and related provisions (regulations 17 and 18 and Schedule 3), and reworked regulation 5 to make prescription of information sharing entities explicit (see notes in the body of the Regulations showing insertion and substitution by S.R. No. 136/2018).
- The Risk Management Amendment (S.R. No. 136/2018) was made 18 September 2018 and commenced 27 September 2018 (Endnotes: Table of Amendments).
2020 amendments. Family Violence Protection (Information Sharing and Risk Management) Amendment Regulations 2020, S.R. No. 139/2020 made multiple changes including:
- Inserting new definitions (approved education and care service; Catholic school; centre‑based service; and others) and adding or amending numerous Schedule items (as indicated by the annotation "inserted by S.R. No. 139/2020 reg. ...").
- Adding regulation 5A (Delegation) providing a delegation mechanism for the Secretary to the Department of Education and Training (regulation 5A inserted by S.R. No. 139/2020 reg. 8).
- Substituting and expanding Schedule entries for information sharing, risk assessment entities and framework organisations (see annotations beside regulations 5, 6, 7, 17, and Schedule 1).
- The 2020 Amendment was made 15 December 2020 and commenced 19 April 2021 (Endnotes).
2022 amendments. Family Violence Protection (Information Sharing and Risk Management) Amendment Regulations 2022, S.R. No. 123/2022 made further amendments and insertions, including:
- Substitutions and revocations (for example revocation of the definition of Family Safety Victoria in regulation 4(1) by S.R. No. 123/2022 reg. 5(c)).
- Amendments to regulation 8 and Schedule contents (see annotations in the Schedules and regulations such as reg 7(b) amended by S.R. No. 123/2022 reg. 6(a)).
- The 2022 Amendment was made 18 October 2022 and commenced 1 November 2022 (Endnotes).
2023 amendments. Family Violence Protection (Information Sharing and Risk Management) Amendment Regulations 2023, S.R. No. 72/2023 effected further changes to the Schedules and regulation text, with the instrument made 18 July 2023 and commencing the same day (Endnotes).

Documented specific insertions and substitutions. The body of the Regulations carries embedded annotations showing which provisions were inserted, substituted or amended by the statutory rules listed in the Endnotes (for example regulation 5 substituted by S.R. Nos 136/2018 reg. 9, 139/2020 reg. 7). Many of these changes expand the lists of prescribed entities (Schedules 1-3), add definitional text in regulation 4 (e.g., education and care categories added by S.R. No. 139/2020 reg. 6(1)), and add Part 6 on risk assessment and management (S.R. No. 136/2018).

Sunset and interpretation notes. The Endnotes record that the instrument will sunset ten years after making (13 February 2028) under the Subordinate Legislation Act 1994 (Endnotes, General information). The Endnotes also explain that no explanatory details were on file at the date of publication (Endnotes 3: "No entries at date of publication").

In short, the 2018 instrument was expanded in late 2018 to incorporate risk assessment and management mechanisms; it was significantly revised in 2020 to broaden departmental and education sector coverage and to add delegation machinery; and further adjustments were made in 2022 and 2023 to refine definitions and expand or clarify the lists of prescribed entities. The inserted annotation lines throughout the document identify the precise regulations and statutory rules that effected each change.

The Regulations as reproduced include no case law, judicial decisions or administrative tribunal determinations. The document's Endnotes contain the section "Explanatory details", which at the time of publication contains "No entries at date of publication" (Endnotes 3). There are no judicial citations, references to litigation or statutory interpretation disputes within the Regulations themselves.

What this absence means for practitioners:

No binding judicial guidance is contained in the instrument. Because the Regulations are recent subordinate legislation and the reproduced text contains no litigation history, practitioners seeking authoritative interpretive guidance will need to look to the Family Violence Protection Act 2008, any reported decisions interpreting that Act or the operation of Part 5A/5B, and to administrative rulings in the relevant sectors. None of that material is recorded in the Regulations document provided here.
Monitoring of case law is required. Given the potential for conflicts between the information sharing permissions in the Act and other statutory confidentiality regimes, and given the recordkeeping and data governance obligations imposed by the Regulations, entities should monitor judicial and tribunal decisions that may construe the Act or the Regulations, to identify any evolving legal limits or duties. The Regulations themselves do not supply such guidance.
Complaints and administrative review pathways. The Regulations require entities to record complaints about Part 5A functions (regulation 14). If complaints lead to administrative decisions or litigation, that material will not be recorded in the Regulations but may be important for future guidance. Practitioners should therefore retain records of complaint outcomes and any litigation that arises.

In short, this instrument contains no litigation history in the text provided. Any interpretive or enforcement disputes will have to be sourced from the Act, sectoral legislation, or case law external to the Regulations.

The Regulations contain numerous drafting features and functional qualifications that can produce practical pitfalls if not carefully navigated. Key "gotchas" to watch for are:

"To the extent that" is consequential. Many Schedule entries prescribe entities only "to the extent that" they perform particular functions (for example Schedule 1 items 2, 3, 4, 21-29, 39-46, 53-66; Schedule 3 items 3, 4, 46-49, 57-59). Practitioners should not assume an organisation is wholly captured because its name appears in a Schedule. Instead, determine whether the specific function that triggers prescription is being exercised. The definition of "family violence information sharing function" (regulation 4) makes State contracts and function descriptions the operative triggers, which can mean narrow or partial capture.
State contract dependency for non‑government bodies. A large number of non‑government entities are prescribed only when they are "engaged or funded under a State contract to provide [specified services]" (multiple Schedule entries). Contract wording therefore matters. If a provider wants certainty about being an information sharing entity (or wants to avoid the obligations), the content of the State contract is decisive. The definition of "family violence information sharing function" explicitly incorporates contractual specification (regulation 4).
Recordkeeping exemptions. Part 3 applies only to most information sharing entities listed in Schedule 1, but explicitly excludes certain items: entities in Schedule 1 items 2(g), 36 and 37 are excluded from Part 3 (regulation 9(1)). Also, regulation 9(2) provides that Part 3 does not apply to Schedule 1 item 10 if that item reasonably believes another information sharing entity has already made the record. These exclusions mean that in multi‑agency settings, entities may rely on others to make the prescribed records but must document their reasoning when they do so.
Consent recording precision. When confidential information about an adult is disclosed with consent, regulation 11(a) requires the recording of whether consent was written, verbal or implied. That is a simple‑looking requirement with evidentiary implications: organisations must capture both the existence and the modality of consent. If a disclosure is made without consent, regulation 11(b) requires recording the reason consent was not obtained and whether the person's views were sought (and if not, why). Failure to record those details may appear procedurally non‑compliant.
Child consultation and parent exclusion. For disclosures about children, regulation 12 requires recording whether the child or the child's parent had their views sought and whether they were informed that confidential information was disclosed. Regulation 12(2) importantly specifies that, for the purposes of that regulation, a "parent" does not include a parent who is a person of concern or a person alleged to pose a risk of family violence. Practitioners must apply that definition when determining who should be consulted or notified.
Narrow list of displaced secrecy provisions. Regulation 15 prescribes only specific provisions in a handful of statutes that do not prevent collection/use/disclosure under the information sharing functions. Practitioners must not assume a general right to displace statutory secrecy. If a confidentiality clause in another statute is not listed in regulation 15, it remains operative and may block disclosure unless the Act itself permits disclosure. The list is explicit and limited; reliance on a non‑listed statutory provision will expose an entity to challenges.
Hub secrecy provision is singular. Regulation 16 prescribes only section 41 of the Children, Youth and Families Act 2005 as a "prescribed secrecy provision" for Part 5B Hubs. The narrowness of this prescription means Hub entities must be careful to check which external secrecy provisions remain binding.
Delegation limited to one Secretary. Only the Secretary to the Department of Education and Training has an express delegation power under these Regulations (regulation 5A). Other Secretaries do not have the same delegated flexibility under this instrument unless another statutory power exists. Organisations in the education portfolio should ensure delegation instruments are properly executed and recorded.
CIP data custodian designation carries data governance implications. Regulation 7 prescribes Victoria Police, certain departmental Secretaries for specified functions, and certain court officials as CIP data custodians. Entities designated as data custodians should review their data governance, retention, access, and security arrangements because that status implies activities around control and custody of centrally shared information.
Annual report requirements may fall to public entities. Regulation 18 prescribes matters to be included in annual reports for the purposes of ss 192 and 193 of the Act. Public entities must be prepared to document actions taken to support framework organisations, summarise progress, and propose future actions. That creates a public accountability trail that can be examined by reviewers or stakeholders.
Overreliance on other entities for records. Regulation 9(2) allows an entity in Schedule 1 item 10 (Risk Assessment and Management Panel participants) not to make the records if it reasonably believes another information sharing entity has made them. However, the "reasonable belief" standard requires objective grounding; failing to document reliance can create evidentiary gaps if questions arise later.
Sunset of the instrument. The Endnotes indicate a sunset 10 years after making (Endnote 1). Entities relying on these prescriptions for long‑term program design should note the instrument's finite statutory life and monitor for remaking or replacement.

These "gotchas" are practical items that generate compliance risk if overlooked. They hinge on narrow drafting choices in the Schedules, the dependence on State contracts, and the precise recordkeeping obligations in Part 3.

Compliance under these Regulations is administrative and operational. The requirements are concrete: determine whether you are a prescribed entity, implement the prescribed recordkeeping, be aware of the limited statutory displacements, and ensure governance aligning with CIP and Central Information Point arrangements. Below is a practical compliance checklist grounded in the Regulations, plus suggested operational steps.

Determine whether your organisation or role is prescribed
- Check Schedule 1, Schedule 2 and Schedule 3 as relevant. Note which items include your organisation and whether the capture is subject to "to the extent that" qualifiers or State contract conditions (see Schedule 1, reg 5; Schedule 2, reg 6; Schedule 3, reg 17).
- For non‑government providers, check the wording of any State contract or subcontract: if the contract specifies family violence information sharing functions or requires compliance with family violence information sharing, the contract is the operative trigger under the definition in regulation 4.
- For individuals (e.g., GPs, nurses), identify whether you practise in the context specified (Schedule 1 items 21-22 and definitions in regulation 4) and whether the activity performed is within that prescribed function.
Map functions to obligations
- If you are an information sharing entity to which Part 3 applies (regulation 9(1)), map which activities will trigger the recordkeeping obligations in regulation 10 and the specific adult/child consent documentation obligations in regulations 11 and 12.
- Identify whether you are also a risk assessment entity (Schedule 2) or a framework organisation (Schedule 3), as these roles carry additional responsibilities, particularly regarding preparation of risk assessments and annual reporting (regulations 6 and 17-18).
Recordkeeping system design
- Implement or update information systems to capture the exact items prescribed in regulation 10(a)-(g): who requested, what was requested, dates, a record of confidential information disclosed, the disclosure date, the receiving entity, and if applicable, a copy of any risk assessment or safety plan.
- For adult primary persons or linked persons, ensure you capture consent modality (written, verbal or implied) or the reason consent was not obtained plus whether the person's views were sought (regulation 11).
- For children, ensure records state whether the child or child's parent was consulted and informed, remembering regulation 12(2) excludes a parent who is a person of concern from being treated as "parent" for that purpose.
- Implement a decline log and complaint register satisfying regulations 13 and 14: reason for declines and comprehensive complaint records including action taken and timeframes.
Consent and notification procedures
- Train staff on how to obtain, document and store consent, and how to record when consent is not obtainable with reasons (regulation 11). The categories are explicit: written, verbal or implied.
- For child matters, adopt procedures consistent with regulation 12(1) and the definition excluding parents who are persons of concern (regulation 12(2)). Document decision‑making about whether to seek a child's or parent's views.
Risk assessment and safety plan processes
- If you prepare risk assessments under the approved framework or safety plans, ensure a copy will be recorded when confidential information is disclosed (regulation 10(g)). Align operational form templates and retention policies to produce an auditable copy.
Legal review of other statutory secrecy provisions
- Before relying on the Regulations to collect/use/disclose information despite confidentiality wording in other statutes, ensure the targeted provision is listed in regulation 15 or that the Act itself authorises the sharing. The Regulations only prescribe select provisions (regulation 15(a)-(f)). For Hub activity under Part 5B, note regulation 16 prescribes s 41 CYF Act as the secrecy provision relevant to that regime.
Data governance and CIP interactions
- If your entity is named as a CIP data custodian (regulation 7) or you will routinely interact with the Central Information Point (regulation 8), review your data governance, cybersecurity, retention, access control, and FOI/privacy practices. CIP and data custodian roles suggest centralised data flows and responsibilities for custody.
- Agree channels and protocols with the Central Information Point (Secretary to Department of Families, Fairness and Housing) and with any CIP data custodians you routinely interact with.
Contractual drafting and State contract management
- For entities entering or renewing State contracts, ensure the contract's specification of family violence information sharing functions is clear if the parties intend the provider to be a prescribed entity. Likewise, if an organisation seeks not to be captured by the Regulations, contract drafters should avoid including family violence information sharing functions that would trigger prescription under the definition in regulation 4.
Delegation instruments
- If you are the Secretary to the Department of Education and Training, prepare a clear instrument of delegation for internal employees engaged with information sharing functions (regulation 5A). Ensure the delegation is in writing and that delegates are trained.
Annual reporting and implementation monitoring

Public entities should incorporate the matters in regulation 18 into their annual reporting templates under sections 192 and 193 of the Act: document actions taken to support framework organisations; summarise progress in implementing the approved framework; and set out proposed future actions. Keep records to support statements in the annual report.

Policies, procedures and training

Produce operational policies covering: when sharing is lawful under the Act and these Regulations; how to record disclosures and decision rationales; escalation pathways when there is doubt about statutory secrecy; complaint handling (regulation 14); and data retention schedules consistent with data custodian duties.
Provide training to staff on the precise record templates and on the narrow list of displaced secrecy provisions in regulation 15 so disclosures are legally defensible.

Audit and evidence collection

Prepare for internal or external audits by retaining copies of risk assessments/safety plans and disclosure logs as required by regulation 10(g). Also retain documentation of instances when records were not made due to reliance on another entity making the record (regulation 9(2)) or when a request was declined (regulation 13).

Monitor amendments and sunset

Keep track of amendments (see the Endnotes Table of Amendments) and the instrument's sunset clause (Endnote 1). Ensure your compliance framework can be updated when the Schedules or definitions change.

In practical terms, compliance involves an initial legal mapping exercise, followed by operational adjustments to information systems, staff training, contract management and engagement with the Central Information Point and CIP data custodians. The Regulations prescribe what is to be recorded and which entities are in scope; the work for practitioners is to operationalise those prescriptions so that disclosures are lawful, documented and auditable.

Family Violence Protection (Information Sharing and Risk Management) Regulations 2018

Plain English Summary

Deep Dive

What it does

Current sections

Family Violence Protection (Information Sharing and Risk Management) Regulations 2018

Source text: opening excerpt

1 Family Violence Protection (Information Sharing and Risk Management) Regulations 2018

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply