Service Victoria Act 2018

Version No. 006

Service Victoria Act 2018

No. 14 of 2018

Version incorporating amendments as at
21 May 2025

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 2

4 Meaning of service agency 11

4A Act binds the Crown 12

Part 2—Transfer of customer service functions to Service Victoria 13

Division 1—Ministerial agreements 13

5 Transfer of customer service functions 13

6 Service Victoria CEO and service agency head must give effect to agreement or notice 14

Division 2—Transferred customer service functions 14

7 Transfer back of customer service functions to service agency 14

8 Delegation of transferred customer service functions 15

Part 2A—Performance of customer service functions by agreement 16

9A Performance of customer service functions by agreement 16

9B Performance of customer service functions from other jurisdictions by agreement 16

Part 2B—Delegation, authorisation and sub-delegation of customer service functions 18

9C Application of Part 18

9D Delegation and authorisation of customer service functions 18

9E Sub-delegation of customer service functions 19

Part 3—Transfer of identity verification functions to Service Victoria 20

Division 1—Ministerial agreements 20

10 Transfer of identity verification functions 20

11 Service Victoria CEO and service agency head must give effect to agreement or notice 21

Division 2—Transferred identity verification functions 21

12 Transfer back of identity verification functions to service agency 21

13 Delegation of transferred identity verification functions 22

Part 3A—Performance of identity verification functions by agreement 24

14A Performance of identity verification functions by agreement 24

14B Performance of identity verification functions from other jurisdictions by agreement 24

Part 3B—Delegation, authorisation and sub-delegation of identity verification functions 26

14C Application of Part 26

14D Delegation and authorisation of identity verification functions 26

14E Sub-delegation of identity verification functions 27

Part 3C—Performance of functions—Ministerial direction 28

14F Performance of functions—Ministerial direction 28

Part 3D—Performance of functions by Service Victoria CEO on behalf of non-government entities 29

14G Performance of functions for non‑government entities by agreement 29

Part 3E—Performance of functions by non-government entities 31

14H Performance of functions by non‑government entities 31

Part 4—Role of Service Victoria 33

15 Functions of Service Victoria CEO 33

16 Powers of Service Victoria CEO 34

17 Power to impose fees and charges 35

18 Exercise of power not to give applications or requests to service agency for determination 35

Part 4A—Service Victoria accounts 37

18A Creation of Service Victoria accounts 37

Part 5—Customer service functions 38

Division 1—Performance of customer service functions 38

19 Service Victoria CEO must comply with customer service standards 38

Division 2—Customer service standards 38

20 Development of customer service standards 38

Part 5A—Authorities and official information documents 40

24A Form of authorities and official information documents 40

24B Delivery of authority or official information document taken to satisfy requirements 41

24C Production of authority or official information document in form delivered by Service Victoria CEO taken to satisfy requirements 41

24D Surrender or destruction of authority or official information document taken to be satisfied in certain circumstances 42

Part 6—Identity verification and electronic identity credentials 43

Division 3—Identity verification standards 43

41 Minister may make identity verification standards 43

42 Guiding principles for making and use of identity verification standards 44

43 Service Victoria CEO to use identity verification standards 45

Part 6A—Service agency databases 47

47A Service agency database—agreement with service agency 47

47B Service agency database—Ministerial direction 47

47C Collection, use or disclosure of information in service agency databases 47

47D Application of Act to service agency databases 48

47E Changes to information recorded in a service agency database by service agency 48

47H Ministerial guidelines 48

47I Ministerial delegation 49

Part 7—Offences 50

48 Improper issue of electronic identity credentials 50

49 False or misleading statement in applications 50

50 Unauthorised access to, use of or disclosure of data or information 50

51 Restrictions on access, use or disclosure of data or information 51

Part 8—General 52

52 Delegation 52

53 Reporting requirements 52

54 Use and disclosure of information by Service Victoria CEO 53

54A Use and disclosure of regulated information by service agency 54

55 Collection, holding, management and use of regulated information by Service Victoria CEO 55

56 Audit 55

56A Refunds by Service Victoria CEO 55

58 Regulations 56

Part 9—Transitional provisions 59

60 Service Victoria Amendment Act 2022—databases 59

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Endnotes 60

1 General information 60

2 Table of Amendments 62

3 Explanatory details 63

Version No. 006

Service Victoria Act 2018

No. 14 of 2018

Version incorporating amendments as at
21 May 2025

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The purposes of this Act are—

(a) to provide for the delivery of Government services to the public by Service Victoria; and

S. 1(b) amended by No. 5/2024 s. 5(1).

(b) to provide for the provision of identity verification functions by the Service Victoria CEO; and

S. 1(c) inserted by No. 5/2024 s. 5(2).

(c) to provide for a central point for public access to Government services; and

S. 1(d) inserted by No. 5/2024 s. 5(2).

(d) to support the transformation of the digital provision of Government services through Service Victoria.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 30 September 2018, it comes into operation on that day.

3 Definitions

In this Act—

S. 3 def. of account information repealed by No. 5/2024 s. 25.

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S. 3 def. of authority amended by No. 6/2022 s. 4(a).

authority means a licence, permit, approval, authority or other authorisation (by whatever name) given, granted or issued under law;

S. 3 def. of credential usage history repealed by No. 5/2024 s. 25.

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consent means express consent or implied consent;

S. 3 def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 91).

Council has the same meaning as in the Local Government Act 2020;

S. 3 def. of customer service function substituted by No. 6/2022 s. 4(b), amended by No. 5/2024 s. 4(2)(3).

customer service function means a function, other than an identity verification function or the issue of an electronic identity credential, of the following kind—

(a) receiving an application or a request for an authority or official information document;

(b) receiving payment of any appropriate fee required to be paid in respect of an application or request for an authority or official information document;

(ba) issuing an authority or official information document;

(c) delivering an authority or official information document;

(d) receiving an application or a request—

(i) for registration; or

(ii) in relation to any program or service offered by or on behalf of the State, a service agency or a non-Victorian government agency;

(e) receiving or making a payment, including but not limited to—

(i) receiving a payment of a fee in relation to an application or a request referred to in paragraph (d); or

(ii) receiving a payment of a fee or fine from a non-government entity;

(f) receiving or delivering information—

(i) to meet a requirement under law; or

(ii) otherwise for the purposes of a program or service offered by or on behalf of the State, a service agency or a non-Victorian government agency;

(g) a function prescribed to be a customer service function;

S. 3 def. of customer service information substituted by No. 6/2022 s. 4(c), repealed by No. 5/2024 s. 25.

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customer service standards means the standards developed under section 20;

S. 3 def. of digital token inserted by No. 6/2022 s. 4(n).

digital token means a digital version of an authority or official information document that is accessible through a software application on an electronic device;

S. 3 def. of electronic document inserted by No. 6/2022 s. 4(n).

electronic document means a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both;

S. 3 def. of electronic identity credential substituted by No. 5/2024 s. 18(1).

electronic identity credential means an electronic identity credential issued by the Service Victoria CEO in accordance with the identity verification standards;

S. 3 def. of function amended by No. 5/2024 s. 4(4).

function includes power and duty;

Health Complaints Commissioner means the Commissioner within the meaning of the Health Complaints Act 2016;

health information has the same meaning as in the Health Records Act 2001;

identifier has the same meaning as in the Health Records Act 2001;

identity document means a document that purports to provide evidence of an individual's identity specified in the identity verification standards;

S. 3 def. of identity information amended by No. 6/2022 s. 4(d).

identity information means, in relation to an individual—

(a) an identity document or other information that an individual provides to the Service Victoria CEO for the purposes of verifying the individual's identity under Part 6; and

(b) any other prescribed information;

S. 3 def. of identity verification function substituted by No. 6/2022 s. 4(e), amended by No. 5/2024 s. 4(5).

identity verification function means a function—

(a) that requires—

(i) an individual to provide information for the purpose of verifying the individual's identity; or

(ii) information to be obtained for the purpose of verifying an individual's identity; or

(iii) the verification of an individual's identity; or

(b) that is prescribed to be an identity verification function;

identity verification standards means the standards made by the Minister under Part 6;

Information Commissioner means the person appointed under section 6C of the Freedom of Information Act 1982;

level of assurance means—

(a) in relation to an electronic identity credential, the degree of confidence that a credential is taken to provide as set out in the identity verification standards; or

(b) in relation to an identity verification function, the level of assurance required for the purposes of that function as set out in the identity verification standards;

S. 3 def. of non-government entity inserted by No. 5/2024 s. 4(1).

non-government entity means—

(a) any entity other than—

(i) a service agency or a non‑Victorian government agency; or

(ii) a special body or the equivalent of a special body that is established by or under the law of the Commonwealth or another State or a Territory; or

(b) any entity prescribed to be a non‑government entity;

S. 3 def. of non-Victorian government agency inserted by No. 6/2022 s. 4(n).

non-Victorian government agency means—

(a) the equivalent of a service agency that is established by or under, or holds an office or position under, the law of the Commonwealth or another State or a Territory, but does not include the equivalent of a special body other than a police force of the Commonwealth or another State or a Territory; or

(b) a prescribed entity or class of entity;

S. 3 def. of non-Victorian government agency head inserted by No. 6/2022 s. 4(n).

non-Victorian government agency head means—

(a) in the case of a Minister of the Commonwealth or another State or a Territory—that Minister; or

(b) in the case of a body corporate that is a non-Victorian government agency—the chief executive officer (by whatever name called) of the body corporate; or

(c) in the case of a police force of the Commonwealth or another State or a Territory—the head or chief commissioner of the police force; or

(d) in the case of an entity or class of entity that is prescribed to be a non-Victorian government agency—the person or class of person prescribed to be the non‑Victorian government agency head for the non-Victorian government agency; or

(e) in any other case, a person authorised under the law of the Commonwealth or another State or a Territory to enter into an agreement with the Service Victoria CEO for the performance of functions;

S. 3 def. of official information document amended by Nos 34/2020 s. 240, 6/2022 s. 4(f).

official information document means a document (by whatever name) given or issued by a service agency or non-Victorian government agency, or a service agency head or non-Victorian government agency head, containing information held by a service agency or non‑Victorian government agency relating to an individual, a matter or a thing;

Example

Birth certificate.

S. 3 def. of ongoing electronic identity credential repealed by No. 5/2024 s. 18(2).

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personal information has the same meaning as in the Privacy and Data Protection Act 2014;

public entity has the same meaning as in the Public Administration Act 2004;

public service body has the same meaning as in the Public Administration Act 2004;

regulated information means personal information, health information, identifiers and unique identifiers;

service agency has the meaning given by section 4;

S. 3 def. of service agency database inserted by No. 6/2022 s. 4(n).

service agency database means a database established and maintained under section 47A or 47B;

S. 3 def. of service agency function repealed by No, 6/2022 s. 4(o).

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S. 3 def. of service agency head amended by No, 6/2022 s. 4(g)–(k).

service agency head means—

(aa) in the case of a Minister—that Minister; or

(a) in the case of a public service body—the public service body Head within the meaning of the Public Administration Act 2004; or

(b) in the case of a public entity that is a body corporate—the chief executive officer (by whatever name called) of the entity; or

(c) in the case of a public entity that is an unincorporated body—the secretary or chairperson of the committee managing the affairs of the entity; or

(d) in the case of Victoria Police—the Chief Commissioner of Police within the meaning of the Victoria Police Act 2013; or

(da) in the case of a Council—the chief executive officer of the Council; or

(e) in the case of a person described in section 4(1)(e)—that person; or

(f) in the case of a person prescribed under section 4(1)(f)—the person prescribed to be the service agency head for that service agency;

S. 3 def. of service agency Minister amended by No. 6/2022 s. 4(l).

service agency Minister, in relation to a customer service function or identity verification function, means the Minister responsible for administering the enactment that confers the function on the service agency;

Service Victoria means—

(a) if an Administrative Office within the meaning of the Public Administration Act 2004 is prescribed, that Administrative Office; or

(b) if no Administrative Office is prescribed, the Department responsible to the Minister administering this Act;

Service Victoria CEO means the person employed under section 12(2) of the Public Administration Act 2004 as the Head of Service Victoria;

S. 3 def. of Service Victoria database repealed by No. 5/2024 s. 25.

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special body has the same meaning as in the Public Administration Act 2004;

S. 3 def. of temporary electronic identity credential repealed by No. 5/2024 s. 18(2).

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transferred customer service function means a customer service function that is, by operation of Part 2, transferred to the Service Victoria CEO;

transferred identity verification function means an identity verification function that is, by operation of Part 3, transferred to the Service Victoria CEO;

S. 3 def. of transaction substituted by No. 6/2022 s. 4(m).

transaction includes—

(a) any transaction in the nature of a contract, agreement, application, registration or other arrangement; and

(b) any statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract, agreement, application, registration or other arrangement; and

(c) any transaction of a non‑commercial nature;

unique identifier has the meaning given in Schedule 1 to the Privacy and Data Protection Act 2014;

Victoria Police has the same meaning as in the Victoria Police Act 2013.

4 Meaning of *service agency*

(1) A service agency is any of the following—

S. 4(1)(aa) inserted by No. 6/2022 s. 5(a).

(aa) a Minister;

S. 4(1)(a) amended by No. 6/2022 s. 5(b).

(a) a public service body (other than Service Victoria if an Administrative Office is prescribed);

(b) a public entity;

(c) Victoria Police;

(d) a Council;

S. 4(1)(e) amended by No. 6/2022 s. 5(c).

(e) a person holding an office or position established by or under an Act (other than the office of member of the Parliament of Victoria) or to which the person was appointed by the Governor in Council, or by a Minister, otherwise than under an Act;

S. 4(1)(f) inserted by No. 6/2022 s. 5(d).

(f) a person (other than a special body) prescribed to be a service agency.

(2) A service agency does not include a special body (other than Victoria Police).

S. 4A inserted by No. 6/2022 s. 6.

4A Act binds the Crown

This Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.

Part 2—Transfer of customer service functions to Service Victoria

Division 1—Ministerial agreements

5 Transfer of customer service functions

S. 5(1) substituted by No. 6/2022 s. 7.

(1) Subject to subsection (3), the Minister and the service agency Minister may agree for the Service Victoria CEO to perform a customer service function that—

(a) is conferred on a service agency under an enactment (whether express or implied); and

(b) is to be prescribed as a transferred customer service function.

(2) An agreement under subsection (1) must be in writing and a copy of it must be given to the service agency head and the Service Victoria CEO.

(3) If the Minister is the service agency Minister, the Minister may publish a notice in the Government Gazette that—

(a) the customer service function is to be prescribed as a transferred customer service function; and

(b) as a result of that prescription, the Service Victoria CEO is to perform the function.

(4) A copy of a notice under subsection (3) must be given to the service agency head and the Service Victoria CEO.

(5) Despite anything to the contrary in the enactment that confers a customer service function on a service agency, on the commencement of a regulation that prescribes the customer service function to be a transferred customer service function—

(a) the customer service function is to be performed by the Service Victoria CEO; and

(b) the service agency cannot perform the customer service function unless it is delegated to the service agency head under section 8.

(6) A regulation prescribing a customer service function to be a transferred customer service function must not be made unless—

(a) an agreement has been made under subsection (1) in respect of that function; or

(b) a notice has been published under subsection (3) in respect of that function.

6 Service Victoria CEO and service agency head must give effect to agreement or notice

The Service Victoria CEO and a service agency head must use best endeavours to give effect to an agreement under section 5(1) or a notice under section 5(3) that applies to them.

Division 2—Transferred customer service functions

7 Transfer back of customer service functions to service agency

(1) Subject to subsection (2), the Minister and the service agency Minister may agree for the transfer back to a service agency of any transferred customer service function.

(2) If the Minister is the service agency Minister, the Minister may publish a notice in the Government Gazette that—

(a) the transferred customer service function is to be prescribed as a revoked customer service function; and

(b) as a result of that prescription, the service agency is to perform the function.

(3) An agreement under subsection (1) must be in writing and a copy of it must be given to the service agency head and the Service Victoria CEO.

(4) A copy of a notice under subsection (2) must be given to the service agency head and the Service Victoria CEO.

(5) On the commencement of a regulation that prescribes a transferred customer service function to be a revoked customer service function—

(a) the customer service function is to be performed by the service agency in accordance with the enactment that confers the function on the service agency; and

(b) the Service Victoria CEO cannot perform that function.

8 Delegation of transferred customer service functions

(1) The Service Victoria CEO, by instrument, may delegate any transferred customer service function to the service agency head of the service agency from which that function is transferred.

(2) A service agency head to whom a transferred customer service function is delegated under subsection (1) may delegate that function to any person or class of person employed by, or acting on behalf of, the service agency from which the function is transferred.

Pt 2 Div. 3 (Heading and s. 9) repealed by No. 6/2022 s. 8.

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Pt 2A (Heading and ss 9A, 9B) inserted by No. 6/2022 s. 9.

Part 2A—Performance of customer service functions by agreement

S. 9A inserted by No. 6/2022 s. 9.

9A Performance of customer service functions by agreement

(1) The Service Victoria CEO and a service agency head, or a person authorised by the service agency head, may agree in writing for the Service Victoria CEO to perform a customer service function of the service agency.

(2) On the coming into force of an agreement under subsection (1), the Service Victoria CEO may perform the customer service function for or on behalf of the service agency.

(3) Subsection (2) applies despite anything to the contrary in the law (if any) that confers the customer service function on the service agency.

S. 9A(4) repealed by No. 5/2024 s. 13.

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S. 9B inserted by No. 6/2022 s. 9.

9B Performance of customer service functions from other jurisdictions by agreement

(1) The Service Victoria CEO and a non‑Victorian government agency head, or a person authorised by the non-Victorian government agency head, may agree in writing for the Service Victoria CEO to perform a customer service function of the non-Victorian government agency.

S. 9B(1A) inserted by No. 5/2024 s. 14(1).

(1A) Without limiting subsection (1), an agreement under that subsection may provide for the Service Victoria CEO to charge the non-Victorian government agency for services provided by, or on behalf of, the Service Victoria CEO in the performance of the customer service function.

(2) On the coming into force of an agreement under subsection (1), the Service Victoria CEO may perform the customer service function for or on behalf of the non‑Victorian government agency in accordance with the agreement.

S. 9B(3) amended by No. 5/2024 s. 14(2).

(3) Subsections (1A) and (2) apply subject to the law (if any) that confers the customer service function on the non-Victorian government agency.

Pt 2B (Heading and ss 9C–9E) inserted by No. 6/2022 s. 9.

Part 2B—Delegation, authorisation and sub-delegation of customer service functions

S. 9C inserted by No. 6/2022 s. 9.

9C Application of Part

This Part applies despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities Act 2006).

S. 9D inserted by No. 6/2022 s. 9.

9D Delegation and authorisation of customer service functions

(1) This section applies if—

(a) an enactment confers a function on a service agency or service agency head; and

(b) the enactment permits the delegation or authorisation of that function.

(2) A service agency or a service agency head, in writing, may delegate to the Service Victoria CEO, or authorise the performance by the Service Victoria CEO of, the following functions—

(a) a customer service function under an enactment to which this section applies (including a customer service function in paragraph (b) or (c)), irrespective of whether the Service Victoria CEO is a person, or belongs to a class of person, to whom functions can be delegated or authorised under that enactment;

(b) a customer service function that may be implied from a function under an enactment to which this section applies (including a customer service function in paragraph (a) or (c));

(c) a customer service function that forms part of a function under an enactment to which this section applies (including a customer service function in paragraph (a) or (b)).

S. 9E inserted by No. 6/2022 s. 9.

9E Sub-delegation of customer service functions

(1) The Service Victoria CEO may, subject to any conditions specified in the delegation, sub-delegate a customer service function that has been delegated to the Service Victoria CEO under this Part or the enactment that confers the function on the service agency or service agency head, to a person, or class of person, referred to in section 52.

(2) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub‑delegation authorised by this section in the same way as they apply to a delegation.

Part 3—Transfer of identity verification functions to Service Victoria

Division 1—Ministerial agreements

10 Transfer of identity verification functions

S. 10(1) substituted by No. 6/2022 s. 10.

(1) Subject to subsection (3), the Minister and the service agency Minister may agree for the Service Victoria CEO to perform an identity verification function that—

(a) is conferred on a service agency under an enactment (whether express or implied); and

(b) is to be prescribed as a transferred identity verification function.

(2) An agreement under subsection (1) must be in writing and a copy of it must be given to the service agency head and the Service Victoria CEO.

(3) If the Minister is the service agency Minister, the Minister may publish a notice in the Government Gazette that—

(a) the identity verification function is to be prescribed as a transferred identity verification function; and

(b) as a result of that prescription, the Service Victoria CEO is to perform the function.

(4) A copy of a notice under subsection (3) must be given to the service agency head and the Service Victoria CEO.

(5) Despite anything to the contrary in the enactment that confers an identity verification function on a service agency, on the commencement of a regulation that prescribes the identity verification function to be a transferred identity verification function—

(a) the identity verification function is to be performed by the Service Victoria CEO; and

(b) the service agency cannot perform the identity verification function unless it is delegated to the service agency head under section 13.

(6) A regulation prescribing an identity verification function to be a transferred identity verification function must not be made unless—

(a) an agreement has been made under subsection (1) in respect of that function; or

(b) a notice has been published under subsection (3) in respect of that function.

11 Service Victoria CEO and service agency head must give effect to agreement or notice

The Service Victoria CEO and a service agency head must use best endeavours to give effect to an agreement under section 10(1) or a notice under section 10(3) that applies to them.

Division 2—Transferred identity verification functions

12 Transfer back of identity verification functions to service agency

(1) Subject to subsection (2), the Minister and the service agency Minister may agree for the transfer back to a service agency of any transferred identity verification function.

(2) If the Minister is the service agency Minister, the Minister may publish a notice in the Government Gazette that—

(a) the transferred identity verification function is to be prescribed as a revoked identity verification function; and

(b) as a result of that prescription, the service agency is to perform the function.

(3) An agreement under subsection (1) must be in writing and a copy of it must be given to the service agency head and the Service Victoria CEO.

(4) A copy of a notice under subsection (2) must be given to the service agency head and the Service Victoria CEO.

(5) On the commencement of a regulation that prescribes a transferred identity verification function to be a revoked identity verification function—

(a) the identity verification function is to be performed by the service agency in accordance with the enactment that confers the function on the service agency; and

(b) the Service Victoria CEO cannot perform that function.

13 Delegation of transferred identity verification functions

(1) The Service Victoria CEO, by instrument, may delegate any transferred identity verification function to the service agency head of the service agency from which that function is transferred.

(2) A service agency head to whom a transferred identity verification function is delegated under subsection (1) may delegate that function to any person or class of person employed by, or acting on behalf of, the service agency from which the function is transferred.

S. 13(3) inserted by No. 6/2022 s. 11.

(3) A service agency head or a person performing an identity verification function delegated to that service agency head or person under subsection (1) or (2) is not required to comply with the identity verification standards in relation to the performance of that function.

Pt 3 Div. 3 (Heading and s. 14) repealed by No. 6/2022 s. 12.

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Pt 3A (Heading and ss 14A, 14B) inserted by No. 6/2022 s. 13.

Part 3A—Performance of identity verification functions by agreement

S. 14A inserted by No. 6/2022 s. 13.

14A Performance of identity verification functions by agreement

(1) The Service Victoria CEO and a service agency head, or a person authorised by the service agency head, may agree in writing for the Service Victoria CEO to perform an identity verification function of the service agency.

(2) On the coming into force of an agreement under subsection (1), the Service Victoria CEO may perform the identity verification function for or on behalf of the service agency.

(3) Subsection (2) applies despite anything to the contrary in the law (if any) that confers the identity verification function on the service agency.

S. 14A(4) repealed by No. 5/2024 s. 17.

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S. 14B inserted by No. 6/2022 s. 13.

14B Performance of identity verification functions from other jurisdictions by agreement

(1) The Service Victoria CEO and a non‑Victorian government agency head, or a person authorised by the non-Victorian government agency head, may agree in writing for the Service Victoria CEO to perform an identity verification function of the non-Victorian government agency.

S. 14B(1A) inserted by No. 5/2024 s. 16(1).

(1A) Without limiting subsection (1), an agreement under that subsection may provide for the Service Victoria CEO to charge the non-Victorian government agency for services provided by, or on behalf of, the Service Victoria CEO in the performance of the identity verification function.

(2) On the coming into force of an agreement under subsection (1), the Service Victoria CEO may perform the identity verification function for or on behalf of the non‑Victorian government agency in accordance with the agreement.

S. 14B(3) amended by No. 5/2024 s. 16(2).

(3) Subsections (1A) and (2) apply subject to the law (if any) that confers the identity verification function on the non-Victorian government agency.

Pt 3B (Heading and ss 14C–14E) inserted by No. 6/2022 s. 13.

Part 3B—Delegation, authorisation and sub-delegation of identity verification functions

S. 14C inserted by No. 6/2022 s. 13.

14C Application of Part

This Part applies despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities Act 2006).

S. 14D inserted by No. 6/2022 s. 13.

14D Delegation and authorisation of identity verification functions

(1) This section applies if—

(a) an enactment confers a function on a service agency or service agency head; and

(b) the enactment permits the delegation or authorisation of that function.

(2) A service agency or a service agency head, in writing, may delegate to the Service Victoria CEO, or authorise the performance by the Service Victoria CEO of, the following functions—

(a) an identity verification function under an enactment to which this section applies (including an identity verification function in paragraph (b) or (c)), irrespective of whether the Service Victoria CEO is a person, or belongs to a class of person, to whom functions can be delegated or authorised under that enactment;

(b) an identity verification function that may be implied from a function under an enactment to which this section applies (including an identity verification function in paragraph (a) or (c));

(c) an identity verification function that forms part of a function under an enactment to which this section applies (including an identity verification function in paragraph (a) or (b)).

S. 14E inserted by No. 6/2022 s. 13.

14E Sub-delegation of identity verification functions

(1) The Service Victoria CEO may, subject to any conditions specified in the delegation, sub-delegate an identity verification function that has been delegated to the Service Victoria CEO under this Part or the enactment that confers the function on the service agency or service agency head, to a person, or class of person, referred to in section 52.

(2) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub‑delegation authorised by this section in the same way as they apply to a delegation.

Pt 3C (Heading and s. 14F) inserted by No. 6/2022 s. 13.

Part 3C—Performance of functions—Ministerial direction

S. 14F inserted by No. 6/2022 s. 13.

14F Performance of functions—Ministerial direction

(1) The Minister, in writing, may direct the Service Victoria CEO to perform a specified function (including but not limited to a customer service function or an identity verification function) for the purposes of the delivery of Government services.

(2) A function specified in a direction under subsection (1) is in addition to any other functions the Service Victoria CEO has under this Act or any other law.

(3) The Service Victoria CEO must comply with a direction given under subsection (1) according to its terms.

(4) A direction under subsection (1) must be published in the Government Gazette as soon as reasonably practicable after it is made.

(5) A direction under subsection (1) is not invalid merely because of a failure to comply with subsection (4).

Pt 3D (Heading and s. 14G) inserted by No. 5/2024 s. 15.

Part 3D—Performance of functions by Service Victoria CEO on behalf of non-government entities

S. 14G inserted by No. 5/2024 s. 15.

14G Performance of functions for non‑government entities by agreement

(1) The Service Victoria CEO and a non‑government entity may agree in writing for the Service Victoria CEO to perform all or part of a function that the Service Victoria CEO may perform under this Act or any other law for or on behalf of the non‑government entity.

(2) Without limiting subsection (1), an agreement under that subsection may provide for the following—

(a) fees or charges payable by the non‑government entity for services provided to the non-government entity for the performance of the relevant function by the Service Victoria CEO for or on behalf of the non-government entity;

(b) arrangements for the joint performance of the relevant function by the non‑government entity and the Service Victoria CEO;

(c) the performance by the Service Victoria CEO of functions that are ancillary to the relevant function.

(3) On the coming into force of an agreement under subsection (1), the Service Victoria CEO may perform the relevant function for or on behalf of the non‑government entity in accordance with the agreement.

(4) In this section—

relevant function means a function, or part of a function, that is the subject of an agreement under subsection (1).

Pt 3E (Heading and s. 14H) inserted by No. 5/2024 s. 15.

Part 3E—Performance of functions by non-government entities

S. 14H inserted by No. 5/2024 s. 15.

14H Performance of functions by non‑government entities

(1) The Service Victoria CEO and a non‑government entity may agree in writing for the non‑government entity to perform all or part of a function that the Service Victoria CEO may perform under this Act or any other law, other than a function of the Service Victoria CEO set out in section 15(b), (d) or (g).

(2) Without limiting subsection (1), an agreement under that subsection may provide for the following—

(a) fees or charges payable by the non‑government entity for services provided to the non-government entity for the purposes of enabling it to perform the relevant function;

(b) arrangements for the joint performance of the relevant function by the non‑government entity and the Service Victoria CEO;

(c) the performance by the non‑government entity of functions that are ancillary to the relevant function.

(3) On the coming into force of an agreement under subsection (1), either the Service Victoria CEO or the non-government entity or both (as appropriate) may perform the relevant function for or on behalf of a relevant service agency or the Service Victoria CEO (as appropriate).

(4) Subsection (3) applies despite anything to the contrary in the law (if any) that confers the relevant function on the service agency.

(5) In this section—

relevant function means a function, or part of a function, that is the subject of an agreement under subsection (1).

Part 4—Role of Service Victoria

15 Functions of Service Victoria CEO

The Service Victoria CEO has the following functions—

(a) to perform transferred customer service functions;

S. 15(ab) inserted by No. 6/2022 s. 14(a).

(ab) to perform customer service functions—

(i) under an agreement under Part 2A; or

(ii) delegated or authorised under Part 2B or another enactment;

(b) to develop customer service standards to improve the delivery of Government services to individuals;

S. 15(c) substituted by Nos 6/2022 s. 14(b), 5/2024 s. 6(1).

(c) to verify identity;

(d) to assist the Minister to develop identity verification standards to achieve a consistent and secure process to verify identity;

(e) to issue electronic identity credentials;

(f) to provide advice and information on matters relating to customer service functions and identity verification functions;

S. 15(fa) inserted by No. 6/2022 s. 14(c).

(fa) to perform any functions as directed by the Minister under Part 3C;

S. 15(fb) inserted by No. 6/2022 s. 14(c), repealed by No. 5/2024 s. 26.

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S. 15(fc) inserted by No. 6/2022 s. 14(c).

(fc) to establish and maintain service agency databases;

S. 15(fd) inserted by No. 5/2024 s. 6(2).

(fd) to support the digital delivery of Government services;

S. 15(fe) inserted by No. 5/2024 s. 6(2).

(fe) to establish and maintain a centralised point of contact for access to Government services;

S. 15(g) amended by Nos 6/2022 s. 14(d), 5/2024 s. 6(3).

(g) to perform functions ancillary to a function referred to in paragraphs (a), (ab), (b), (c), (fa), (fc), (fd) and (fe);

S. 15(h) amended by No. 6/2022 s. 14(e).

(h) to perform any other functions conferred by or under this Act or any other law.

16 Powers of Service Victoria CEO

(1) The Service Victoria CEO has power to do all things that are necessary or convenient to be done for or in connection with the performance of the Service Victoria CEO's functions.

S. 16(2) substituted by No. 6/2022 s. 15.

(2) In addition to subsection (1), for the purposes of performing a customer service function or identity verification function that is conferred on a service agency under an enactment, the Service Victoria CEO may exercise any power (whether express or implied) under the enactment that is necessary or convenient to be exercised to perform that customer service function or identity verification function.

S. 17 repealed by No. 5/2024 s. 27, new s. 17 inserted by No. 14/2025 s. 53.

17 Power to impose fees and charges

The Service Victoria CEO may impose fees and charges payable for services and products delivered under this Act if—

(a) the fee or charge is not payable under any other Act or regulations providing for the delivery of the service or product; and

(b) the fee or charge and its amount is prescribed under this Act; and

(c) the service or product is—

(i) to provide or improve access to Government services, including to make the services quicker, more accessible or more convenient; or

(ii) to support a person to verify their identity, or to share information relating to that person, with another person or entity; or

(iii) to receive information from, or deliver information to, Service Victoria, a service agency, a non‑Victorian government agency or a non-government entity; or

(iv) a prescribed service or product, or belongs to a prescribed class of service or product.

18 Exercise of power not to give applications or requests to service agency for determination

(1) This section applies if the Service Victoria CEO does not give an application or request for an authority or official information document that the Service Victoria CEO has received to the appropriate service agency for determination because the application or request does not meet the requirements under the relevant enactment.

(2) The exercise of that power is not to be taken to be a decision of the service agency to reject or refuse the application or request.

Pt 4A (Heading and s. 18A) inserted by No. 6/2022 s. 16.

Part 4A—Service Victoria accounts

S. 18A inserted by No. 6/2022 s. 16.

18A Creation of Service Victoria accounts

The Service Victoria CEO may require a person to create a Service Victoria account for the purposes of the Service Victoria CEO performing a function under this Act if the Service Victoria CEO considers it to be reasonably necessary for the performance of that function.

Part 5—Customer service functions

Division 1—Performance of
customer service functions

19 Service Victoria CEO must comply with customer service standards

The Service Victoria CEO must comply with customer service standards when performing—

(a) transferred customer service functions; or

S. 19(ab) inserted by No. 6/2022 s. 17(1)(a).

(ab) customer service functions—

(i) under an agreement under Part 2A; or

(ii) delegated or authorised under Part 2B or another enactment;

S. 19(ac) inserted by No. 6/2022 s. 17(1)(a).

(ac) customer service functions as directed by the Minister under Part 3C;

S. 19(b) amended by No. 6/2022 s. 17(1)(b).

(b) a function that is ancillary to a function described in paragraph (a), (ab) or (ac).

Example to s. 19 repealed by No. 6/2022 s. 17(2).

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Division 2—Customer service standards

20 Development of customer service standards

(1) The Service Victoria CEO must develop standards that relate to one or more of the following—

(a) the customer experience with the provision of services;

(b) the development and design of processes for the provision of services;

(c) the handling of customer complaints, including response times for handling customer complaints;

(d) the monitoring of and reporting on compliance with the customer service standards;

(e) any other matter related to the exercise of customer service functions.

(2) Customer service standards must be published on the Internet.

Pt 5 Div. 3 (Heading and ss 21–24) amended by No. 6/2022 ss 18–20, repealed by No. 5/2024 s. 28.

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Pt 5A (Heading and ss 24A–24D) inserted by No. 6/2022 s. 21.

Part 5A—Authorities and official information documents

S. 24A inserted by No. 6/2022 s. 21.

24A Form of authorities and official information documents

(1) Subject to subsection (2), if a customer service function requires the delivery, giving, grant or issue (however described) of an authority or official information document under an enactment, the Service Victoria CEO, in performing the function, may satisfy that requirement by delivering the authority or document in one or more of the following forms—

(a) a hard copy;

(b) an electronic document;

(c) a digital token.

(2) The Service Victoria CEO must deliver the authority or official information document—

(a) in the form agreed with the service agency head or the person authorised by the service agency head; or

(b) otherwise in accordance with the agreement, authorisation, delegation, direction or regulations that provide for the performance of the customer service function by the Service Victoria CEO under this Act or another enactment.

S. 24B inserted by No. 6/2022 s. 21.

24B Delivery of authority or official information document taken to satisfy requirements

(1) Subject to subsection (2), the delivering of an authority or official information document in accordance with section 24A is taken to satisfy any requirement under an enactment in relation to the delivery, giving, granting or issuing (however described) of the authority or document.

(2) The authority or official information document must include all the information that is required to be contained in or displayed on the authority or document under the enactment.

S. 24C inserted by No. 6/2022 s. 21.

24C Production of authority or official information document in form delivered by Service Victoria CEO taken to satisfy requirements

A requirement under an enactment for a person to produce or display an authority or official information document is taken to be satisfied if—

(a) for a hard copy or electronic document, the person produces or displays the authority or official information document in the form delivered to the person by the Service Victoria CEO under this Part; or

(b) for a digital token, the person—

(i) produces or displays a current and valid digital token delivered to the person by the Service Victoria CEO; and

(ii) if asked to do so, the person confirms the digital token is current and valid, including by refreshing or updating, or attempting to refresh or update, the digital token to show that it is the most recent version; and

(iii) complies with any additional prescribed requirements in relation to producing or displaying the digital token.

S. 24D inserted by No. 6/2022 s. 21.

24D Surrender or destruction of authority or official information document taken to be satisfied in certain circumstances

(1) This section applies if an authority or official information document has been delivered as an electronic document or a digital token to a person by the Service Victoria CEO under this Part.

(2) A requirement under an enactment for a person to surrender or destroy (however described) the authority or official information document is taken to be satisfied if—

(a) the person destroys, deletes or otherwise surrenders the authority or document so that it can no longer be readily used or accessed by the person; or

(b) for a digital token, the Service Victoria CEO ceases to deliver the digital token to the person.

Part 6—Identity verification and electronic identity credentials

Pt 6 Div. 1 (Heading and s. 25) repealed by No. 5/2024 s. 19.

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Pt 6 Div. 2 (Heading and ss 26–40) amended by No. 6/2022 ss 22–24, repealed by No. 5/2024 s. 19.

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Division 3—Identity verification standards

41 Minister may make identity verification standards

(1) The Minister may make identity verification standards for the purpose of achieving a consistent and secure identity verification framework for transactions.

(2) The identity verification standards are to deal with digital and non-digital processes and are to deal with, but are not limited to, the following issues—

(a) determination of the level of assurance required for each transaction and any subsequent process for approval by the service agency Minister;

(b) the identity information required for each level of assurance;

(c) the process for any exceptions to be applied if an individual's identity cannot be readily identified;

S. 41(2)(ca) inserted by No. 5/2024 s. 20.

(ca) the process for the application for an electronic identity credential;

S. 41(2)(cb) inserted by No. 5/2024 s. 20.

(cb) the process for issuing and refusing to issue electronic identity credentials;

S. 41(2)(cc) inserted by No. 5/2024 s. 20.

(cc) the process for the renewal, suspension and cancellation of electronic identity credentials;

(d) any terms and conditions applying to the issue and renewal of an electronic identity credential.

(3) The Minister must have regard to the guiding principles set out in section 42 when making the identity verification standards.

(4) The identity verification standards are a legislative instrument within the meaning of the Subordinate Legislation Act 1994.

42 Guiding principles for making and use of identity verification standards

The following are the guiding principles for making and using the identity verification standards—

S. 42(a) substituted by No. 5/2024 s. 21.

(a) user choice—individuals are to be able to choose whether to store a record of an electronic identity credential for future use;

(b) minimal data is to be requested and stored—individuals must not be asked to provide more information than necessary in order for Service Victoria to verify the individual's identity and personal information can only be stored with the individual's consent, unless required by law;

(c) risk-based approach to identity verification—a consistent and evidence-based approach is to be employed to determine the level of assurance of identity required for transactions;

(d) security, transparency and accountability—Service Victoria, and any external service providers engaged to provide identity verification services are to be regularly audited by an independent entity to ensure compliance with privacy and data security requirements;

(e) flexibility—the standards must, to the extent practicable, be able to adapt to new technologies or methods of identity verification;

(f) national consistency—the standards must, to the extent practicable, align to national requirements, as set out in any relevant national framework or guidelines as in force from time to time.

S. 43 substituted by No. 5/2024 s. 22.

43 Service Victoria CEO to use identity verification standards

(1) The Service Victoria CEO must use the identity verification standards—

(a) when verifying identity; and

(b) when performing a function under this Part.

(2) The requirements of an identity verification function to obtain information relating to an individual's identity or to verify an individual's identity are met if the Service Victoria CEO, when performing the identity verification function for or on behalf of a service agency, non-Victorian government agency or non-government entity—

(a) issues an electronic identity credential to the individual in accordance with the identity verification standards; and

(b) notifies the agency or entity of the issue of the electronic identity credential.

(3) Subsection (2) applies despite anything to the contrary in the enactment (if any) that confers the identity verification function on a service agency or non-Victorian government agency.

Pt 6 Div. 4 (Heading and ss 44–47) amended by No. 6/2022 ss 25–27, repealed by No. 5/2024 s. 29.

Pt 6A (Heading and ss 47A–47I) inserted by No. 6/2022 s. 28.

Part 6A—Service agency databases

S. 47A inserted by No. 6/2022 s. 28.

47A Service agency database—agreement with service agency

S. 47A(1) amended by No. 5/2024 s. 7(1).

(1) The Service Victoria CEO may enter into an agreement with a service agency head, or an entity authorised by the service agency head, for the Service Victoria CEO to establish and maintain a database for the purpose of recording information on behalf of the service agency.

S. 47A(2) repealed by No. 5/2024 s. 7(2).

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S. 47B inserted by No. 6/2022 s. 28.

47B Service agency database—Ministerial direction

If the Minister directs the Service Victoria CEO to perform a function under section 14F(1), the Minister may, in writing, direct the Service Victoria CEO to establish and maintain a database for the purpose of recording information necessary for the performance of that function.

S. 47C inserted by No. 6/2022 s. 28.

47C Collection, use or disclosure of information in service agency databases

S. 47C(1) amended by No. 5/2024 s. 30(1).

(1) Without affecting any other power or obligation of the Service Victoria CEO to use or disclose information, the Service Victoria CEO may disclose information in a service agency database established and maintained under section 47A to the service agency on behalf of which the database is established and maintained.

S. 47C(2) repealed by No. 5/2024 s. 30(2).

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S. 47D inserted by No. 6/2022 s. 28.

47D Application of Act to service agency databases

This Act, other than this Part and Parts 1, 7 and 8, does not apply to the use, disclosure or retention of information in a service agency database under section 47A by the service agency on whose behalf the database is established and maintained.

S. 47E inserted by No. 6/2022 s. 28.

47E Changes to information recorded in a service agency database by service agency

A service agency on whose behalf a service agency database is established and maintained under section 47A may make changes to the information in the database.

S. 47F inserted by No. 6/2022 s. 28, repealed by No. 5/2024 s. 31.

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S. 47G inserted by No. 6/2022 s. 28, repealed by No. 5/2024 s. 8.

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S. 47H inserted by No. 6/2022 s. 28.

47H Ministerial guidelines

(1) The Minister may issue guidelines in relation to the establishment and maintenance of service agency databases.

(2) The Service Victoria CEO must comply with any guidelines issued by the Minister under subsection (1).

S. 47I inserted by No. 6/2022 s. 28.

47I Ministerial delegation

The Minister, by instrument, may delegate any function or power conferred on the Minister under this Part to a person (other than the Service Victoria CEO) employed under Part 3 of the Public Administration Act 2004.

Part 7—Offences

48 Improper issue of electronic identity credentials

A person must not knowingly issue an electronic identity credential to an individual to whom the credential does not relate.

Penalty: 240 penalty units or 2 years imprisonment or both.

S. 49 amended by No. 5/2024 s. 23.

49 False or misleading statement in applications

An individual who applies for an electronic identity credential, an increase in the level of assurance of an electronic identity credential or the renewal of an electronic identity credential must not—

(a) include in the application a statement or information that the individual knows to be false or misleading in a material particular; or

(b) provide with that application any document that the individual knows to be false or misleading in a material particular.

Penalty: 240 penalty units or 2 years imprisonment or both.

50 Unauthorised access to, use of or disclosure of data or information

(1) A person must not, without reasonable excuse, access, use or disclose any data or information obtained by the person under this Act other than—

(a) in accordance with this Act; or

(b) in connection with the performance of functions under this Act.

Penalty: 240 penalty units or 2 years imprisonment or both.

(2) Without limiting what may be a reasonable excuse, it is a reasonable excuse if the access, use or disclosure was made—

(a) in good faith for the purposes of this Act; or

(b) with the consent of the person to whom the information relates; or

(c) to a court or tribunal in the course of legal proceedings; or

(d) pursuant to an order of a court or tribunal; or

(e) to the extent reasonably required to enable the investigation or the enforcement of a law of this State or of any other State or of a Territory or of the Commonwealth; or

(f) to an Australian legal practitioner for the purpose of obtaining legal advice or representation; or

(g) as required or authorised by or under this Act or any other Act.

51 Restrictions on access, use or disclosure of data or information

A person must not access, use or disclose any data or information obtained by the person under this Act if the person knows or is reckless as to whether the data or information may be used (whether by the person or any other person) to—

(a) endanger the life or physical safety of any person; or

(b) commit, or assist in the commission of, an indictable offence; or

(c) impede or interfere with the administration of justice.

Penalty: 600 penalty units or 5 years imprisonment or both.

Part 8—General

S. 52 amended by No. 6/2022 s. 29(a)(b).

52 Delegation

The Service Victoria CEO, by instrument, may delegate any function or power conferred on the Service Victoria CEO under this Act, the regulations or any other law to—

S. 52(aa) inserted by No. 6/2022 s. 29(c).

(aa) a person employed under Part 3 of the Public Administration Act 2004; or

(a) a prescribed person; or

(b) a prescribed class of person.

Note

A power to delegate does not include the power to delegate that power of delegation unless the contrary intention appears (see section 42A(1) of the Interpretation of Legislation Act 1984).

53 Reporting requirements

(1) The Service Victoria CEO must provide a report to the Information Commissioner on the operation of Service Victoria in relation to personal information (other than health information) at intervals of no longer than 12 months.

(2) The Service Victoria CEO must provide a report to the Health Complaints Commissioner on the operation of Service Victoria in relation to health information at intervals of no longer than 12 months.

S. 53(3) amended by No. 6/2022 s. 30, repealed by No. 5/2024 s. 24.

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S. 54 substituted by No. 5/2024 s. 32.

54 Use and disclosure of information by Service Victoria CEO

(1) This section does not affect any use or disclosure of information that would otherwise be permitted by or under any Act or law.

(2) The Service Victoria CEO may disclose regulated information—

(a) for the purposes of performing a function under this Act—

(i) to the entity to which the information relates; or

(ii) to the entity on behalf of which the Service Victoria CEO is performing the function; or

(iii) in the case of a function conferred by an enactment or a law on a service agency or non-Victorian government agency, to any entity to which that agency may disclose the information under the enactment or law that confers the function on the agency; or

(b) with the consent, whether express or implied, of—

(i) the entity to which the information relates; or

(ii) the entity that provided the information to the Service Victoria CEO; or

(c) to a prescribed entity for a prescribed purpose.

S. 54A inserted by No. 6/2022 s. 31.

54A Use and disclosure of regulated information by service agency

(1) This section applies despite anything to the contrary in any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or law.

S. 54A(2) amended by No. 5/2024 s. 9(1).

(2) A service agency is authorised to disclose regulated information that the agency holds to the Service Victoria CEO for the purpose of enabling any of the following functions to be performed—

(a) transferred customer service functions;

(b) customer service functions—

(i) under an agreement under Part 2A; or

(ii) delegated or authorised under Part 2B or another enactment;

(c) transferred identity verification functions;

(d) identity verification functions—

(i) under an agreement under Part 3A; or

(ii) delegated or authorised under Part 3B or another enactment;

(e) a function as directed by the Minister under Part 3C;

(f) establishing and maintaining a service agency database;

(g) a function that is ancillary to a function described in paragraphs (a) to (f).

Note to s. 54A(2) repealed by No. 5/2024 s. 9(2).

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S. 55 substituted by No. 5/2024 s. 10.

55 Collection, holding, management and use of regulated information by Service Victoria CEO

(1) This section—

(a) applies despite anything to the contrary in any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or law; and

(b) does not affect any collection, holding, management or use of information that would otherwise be permitted by or under any Act or law.

(2) The Service Victoria CEO may collect, hold, manage or use information disclosed by a service agency in accordance with section 54A for the purpose for which the information was disclosed under that section.

56 Audit

(1) The Minister, in writing, may require the Service Victoria CEO to conduct an audit of the compliance with this Act of any computerised database maintained by Service Victoria for the purposes of this Part.

(2) An audit required under subsection (1) must be undertaken by an independent auditor.

(3) The Service Victoria CEO must submit a copy of the auditor's report on the outcome of an audit required under subsection (1) to the Minister within 10 days after receiving that report.

S. 56A inserted by No. 6/2022 s. 32.

56A Refunds by Service Victoria CEO

(1) The Service Victoria CEO may refund any amount of payment received by the Service Victoria CEO—

(a) to meet a requirement under law; or

(b) if the Service Victoria CEO considers an error or mistake has been made in the payment.

(2) The Consolidated Fund is appropriated to the extent necessary for the purposes of subsection (1).

S. 57 repealed by No. 5/2024 s. 11.

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58 Regulations

(1) The Governor in Council may make regulations for or with respect to any matter required or permitted by this Act to be prescribed or necessary or convenient to be prescribed to give effect to this Act.

(2) Regulations made under this section may—

(a) be of general or limited application;

(b) differ according to differences in time, place or circumstances;

(c) confer a discretionary power or authority or impose a duty on a specified person or body or a class of person or body;

(d) exempt specified persons or things or classes of person or classes of thing from complying with all or any of the regulations—

(i) whether unconditionally or on specified conditions; and

(ii) either wholly or to such an extent as is specified;

(e) apply, adopt or incorporate any matter contained in any document whether—

(i) wholly or partially or as amended by the regulations; or

(ii) as in force at a particular time; or

S. 58(2)(e)(iii) amended by No. 14/2025 s. 54(1).

(iii) as in force from time to time;

S. 58(2)(f) inserted by No. 14/2025 s. 54(2).

(f) for the purposes of section 17, prescribe payable fees and charges, including as—

(i) specific fees or charges; or

(ii) maximum fees or charges; or

(iii) fees or charges that vary according to differences in time, place or circumstances;

S. 58(2)(g) inserted by No. 14/2025 s. 54(2).

(g) provide for the reduction, waiver, deferral or refund, in whole or part, of fees or charges under section 17;

S. 58(2)(h) inserted by No. 14/2025 s. 54(2).

(h) prescribe the circumstances in which any reduction, waiver, deferral or refund, in whole or part, of fees or charges under section 17, apply.

S. 58(2A) inserted by No. 14/2025 s. 54(3).

(2A) If the regulations provide for a refund in whole or part, of a fee or charge, the Consolidated Fund is appropriated to the necessary extent to enable any refund to be paid.

(3) Without limiting the requirements of section 5 or 10, the Minister must not recommend to the Governor in Council the making of a regulation—

(a) for the purposes of section 5 prescribing as a transferred customer service function a customer service function of a service agency which is a Council; or

(b) for the purposes of section 10 prescribing as a transferred identity verification function an identity verification function of a service agency which is a Council—

unless the Minister has obtained the prior agreement to that transfer of the relevant Council or Councils whose functions are to be transferred.

S. 58(4) inserted by No. 5/2024 s. 33.

(4) The Minister must not recommend to the Governor in Council the making of a regulation for the purposes of section 54(2)—

(a) prescribing an entity as an entity to which the Service Victoria CEO may disclose regulated information; or

(b) prescribing a purpose as a purpose for which the Service Victoria CEO may disclose regulated information—

unless the Minister has consulted the Information Commissioner on the proposed regulation.

Pt 9 (Heading and ss 59, 60) inserted by No. 6/2022 s. 33.

Part 9—Transitional provisions

S. 59 inserted by No. 6/2022 s. 33, repealed by No. 5/2024 s. 12.

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S. 60 inserted by No. 6/2022 s. 33.

60 Service Victoria Amendment Act 2022—databases

On and from the commencement of section 28 of the Service Victoria Amendment Act 2022, any database established and maintained by the Service Victoria CEO on behalf of a service agency or the Minister is taken—

(a) in the case of a database established and maintained on behalf of a service agency, to be established and maintained under section 47A; and

(b) in the case of a database established and maintained on behalf of the Minister, to be established and maintained under section 47B.

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 1 November 2017

Legislative Council: 21 November 2017

The long title for the Bill for this Act was "A Bill for an Act to provide for the delivery of Government services to the public by Service Victoria and for other purposes."

The Service Victoria Act 2018 was assented to on 15 May 2018 and came into operation on 1 July 2018: Special Gazette (No. 284) 19.6.18 p. 1.

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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Service Victoria Act 2018 by Acts and subordinate instruments.

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Local Government Act 2020, No. 9/2020

Worker Screening Act 2020, No. 34/2020

Service Victoria Amendment Act 2022, No. 6/2022

Service Victoria Amendment Act 2024, No. 5/2024

Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025

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3 Explanatory details

No entries at date of publication.