Family Violence Protection (Information Sharing and Risk Management) Regulations 2018
1Family Violence Protection (Information Sharing and Risk Management) Regulations 2018
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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;
(c) a court official within the meaning of section 3(1) of the Magistrates' Court Act 1989;
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;
(c) the date on which the information sharing entity made the request, 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;
(c) whether the person was informed of the disclosure.
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
(c) any action that was taken by the information sharing entity to resolve the complaint; 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;
(c) sections 18(3), 99A(5) and 124J(2) of the Magistrates' Court Act 1989;
(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, Youthand 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.