Service Victoria (Transfer of Worker Screening Functions) Regulations 2021

Transferred customer service functions are defined in Schedule 1. They cover four items: (1) receiving and processing an application for an NDIS check under section 15 of the Worker Screening Act 2020 or for a WWC check under section 54 of that Act; (2) receiving and processing a notification under section 73(2) of the Act (likely a notification of change in circumstances or a relevant matter); (3) receiving and processing a notification under regulation 12(1) or (2) of the Worker Screening Regulations 2021 (which prescribe further notification obligations); and (4) delivering to an applicant a digital token for an NDIS clearance given under section 31(1) or a WWC clearance given under section 68(1). The digital token is defined in regulation 5 as a digital version of an authority given by the Secretary and accessible through a mobile application maintained for that purpose. This means the actual clearance decision remains with the Secretary, but Service Victoria handles the technical delivery of the token.

Transferred identity verification functions are set out in Schedule 2 with five items. Items 1 and 2 cover collecting identity information and verifying identity for NDIS check and WWC check applications respectively. Item 3 covers the same for notifications under section 73(2) of the Worker Screening Act. Item 4 covers notifications under regulation 12(1) or (2) of the Worker Screening Regulations 2021. Item 5 is noteworthy: it covers collecting identity information provided with a request under section 21 of the Worker Screening Act to withdraw an application and verifying the requesting person's identity. This means that if an applicant wishes to withdraw their screening application, they must submit identity information through Service Victoria for verification, not to the Department directly.

Key definitions in regulation 5 include: digital token (as above); mobile application being a software application designed for use on a personal electronic device such as a mobile phone or handheld computing device; NDIS check, NDIS clearance, WWC check, and WWC clearance all having the same meanings as in the Worker Screening Act 2020. These cross-references mean the substantive content of those concepts is found in the parent Act, but the Regulations operationalise the administrative processing of them.

The Act means the Service Victoria Act 2018, which establishes the Service Victoria CEO and provides the framework for transferring functions from other government agencies. Section 5(5) of that Act provides that a customer service function prescribed by regulation is a transferred customer service function to be performed by the CEO. Section 10(5) does the same for identity verification functions. The Regulations use those powers to list the specific functions. The notes to regulations 6 and 7 clarify that each prescribed function is performed by the Service Victoria CEO from the commencement of the regulation that prescribes it.

Revocations: regulation 4 revokes two earlier statutory rules: the Service Victoria (Transfer of Working with Children Functions) Regulations 2018 and the Service Victoria (Transfer of Functions) Amendment (Working with Children) Regulations 2019. These were made under the old Working with Children Act regime, which has now been replaced by the Worker Screening Act 2020. The revocation cleans up the statute book and ensures only the current 2021 regulations govern the transferred functions.

The Regulations directly affect three groups. First, individual applicants for worker screening. Anyone applying for an NDIS check or a WWC check in Victoria must now submit their application through Service Victoria rather than directly to the Department of Justice and Community Safety. The same applies to notifications required under the Worker Screening Act or regulations and to requests to withdraw an application. The identity verification step is also handled by Service Victoria, meaning applicants must interact with Service Victoria's systems, likely an online portal or mobile application. Second, the Secretary to the Department of Justice and Community Safety is relieved of the front-office processing burden but retains substantive decision-making power regarding clearances. The Secretary still gives the NDIS clearance and WWC clearance decisions; Service Victoria only receives applications, verifies identity, and delivers the resulting digital token. Third, the Service Victoria CEO is the entity now required to perform these functions. Service Victoria is a centralised government service delivery agency, and this regulation expands its operational scope into worker screening. This has implications for resourcing, IT system development, data security, and customer service standards.

Indirectly affected parties include employers and organisations that require workers to hold NDIS or WWC clearances. They may experience changes in application processing times, user interfaces, and communication channels. Regulatory bodies such as the Disability Worker Registration Board and the Department of Families, Fairness and Housing (which oversees the NDIS worker screening scheme) have an interest in the integrity of the identity verification process. The mobile application used for digital tokens means that applicants without smartphones or reliable internet access may face barriers requiring alternative arrangements. Regulatory compliance software vendors that integrate with government screening databases may need to update their systems to interact with Service Victoria rather than the Department directly. The Victorian Privacy Commissioner and Information Commissioner may have oversight interests given the collection of identity information by a new agency. The Regulations also affect other government agencies that rely on worker screening data for their own regulatory functions. Finally, the legal profession and community legal centres advising clients on worker screening matters need to know that the application process is now through Service Victoria, though the substantive legal framework under the Worker Screening Act remains unchanged.

The Regulations impose a duty on the Service Victoria CEO to perform the transferred customer service and identity verification functions. This duty arises from section 5(5) and section 10(5) of the Service Victoria Act 2018 read with regulations 6 and 7. The duty is channelled through the statutory scheme: the CEO must receive and process applications, notifications, and withdrawal requests; must collect identity information and verify identity; and must deliver digital tokens to successful applicants. The content of these duties is defined by the relevant provisions of the Worker Screening Act 2020 and the Worker Screening Regulations 2021. For example, the duty to receive and process an application under section 15 or 54 of the Worker Screening Act carries with it an implied duty to handle the application in accordance with the Act's timeframes and procedural requirements. Similarly, identity verification must meet whatever standards the Worker Screening Act prescribes for that step.

The Regulations do not create new rights for applicants or third parties. Rather, they relocate the point of contact for exercising existing rights. For instance, an applicant's right to apply for an NDIS or WWC check under the Worker Screening Act remains, but the application must now be submitted through Service Victoria. The right to be given notice of clearance decisions is unchanged; what changes is that the digital token is delivered by Service Victoria rather than the Department. The right to withdraw an application under section 21 is also unaffected, but the identity verification for that withdrawal now passes through Service Victoria.

The Secretary retains the substantive rights and powers to grant or refuse clearances. The Regulations do not transfer decision-making authority. This is a critical limit: Service Victoria acts as an administrative conduit, not a decision-maker. The Secretary still bears legal responsibility for the correctness of clearance decisions and any liability arising from erroneous grants or refusals.

For Service Victoria itself, the duty to perform these functions may entail compliance with other legal obligations, such as the Privacy and Data Protection Act 2014 (Vic) regarding collection and handling of identity information, and possibly the Public Administration Act 2004 regarding service standards. The Regulations do not specify any additional rights for Service Victoria, such as fees or cost recovery; presumably the cost of performing the functions is borne by the agency's general appropriation.

The duty is mandatory: the functions are "transferred" and must be performed by Service Victoria from the commencement of the prescribing regulation. There is no residual ability for the Secretary to revert to performing them. The notes to regulations 6 and 7 make this clear. However, the Secretary can presumably still handle exceptions or emergencies through other statutory powers not expressly transferred.

The Regulations do not impose duties on applicants directly. Applicants are not required to use a particular channel; the duty is on Service Victoria to receive and process what is submitted. However, in practice, if Service Victoria provides a specific online portal or mobile application, an applicant's failure to use it might result in the application not being processed, creating a de facto requirement to comply with Service Victoria's technical instructions.

The Regulations themselves create no penalties. They are a statutory rule prescribing transferred functions; they do not include offence provisions, penalty units, or enforcement mechanisms. The enforcement architecture remains in the Service Victoria Act 2018 and the Worker Screening Act 2020. For example, the Service Victoria Act contains provisions regarding unauthorised disclosure of information, but these are not amended by these Regulations. The Worker Screening Act contains offences for providing false or misleading information in an application, but those offences apply regardless of whether the application is processed by Service Victoria or the Department. The Regulations simply move the administrative processing point.

Enforcement against the Service Victoria CEO for failure to perform the transferred functions would likely be through administrative law remedies such as mandamus (compelling performance of a statutory duty) or through complaints to the Victorian Ombudsman. Judicial review of decisions or actions taken in the course of performing the transferred functions might be available under the Administrative Law Act 1978 or the common law, but the Regulations themselves do not provide any right of review specific to the transfer. If Service Victoria mishandles identity verification and causes an applicant's clearance to be delayed or wrongfully refused, the applicant's recourse would be through the decision review mechanisms in the Worker Screening Act (if any) or through tort law.

The Regulations do not grant Service Victoria any powers to compel information or sanction non-compliance. Those powers remain with the Secretary or with regulatory bodies. Service Victoria's role is purely facilitative. The absence of penalties in these Regulations is consistent with their character as a machinery-of-government instrument. However, the practical costs of non-compliance with the duty to perform the functions in a timely or accurate manner fall on applicants and employers. Delays in processing applications can cause workers to be unable to start or continue employment, particularly in sectors requiring NDIS or WWC clearances. These are real economic consequences even though no statutory penalty attaches.

The enforcement risk for applicants arises from the underlying Worker Screening Act, not these Regulations. Any misrepresentation during identity verification with Service Victoria could constitute an offence under that Act. The Regulations do not change the penalty exposure for applicants.

The Regulations are expressly made under section 58 of the Service Victoria Act 2018 and give effect to sections 5(5) and 10(5) of that Act. The parent Act establishes the framework for transferring functions from service agencies to the Service Victoria CEO. These Regulations are one of potentially many such instruments. They interact directly with the Worker Screening Act 2020 by referencing its provisions: sections 15 (NDIS check applications), 54 (WWC check applications), 73(2) (notifications), 31(1) (NDIS clearance), 68(1) (WWC clearance), and 21 (withdrawal of application). The Regulations do not amend the Worker Screening Act; they merely assign administrative tasks related to those sections.

The Worker Screening Regulations 2021 are also referenced, specifically regulation 12(1) and (2) concerning notifications. These Regulations incorporate that subordinate legislation by reference, meaning any amendments to the Worker Screening Regulations will automatically affect the scope of the transferred functions without requiring amendment to this instrument. This is efficient but creates a dependency: changes to notification obligations in the Worker Screening Regulations could expand or contract Service Victoria's duties without further regulation.

The Regulations revoke two earlier instruments: the Service Victoria (Transfer of Working with Children Functions) Regulations 2018 and the Service Victoria (Transfer of Functions) Amendment (Working with Children) Regulations 2019. Those were made under the former Working with Children Act 2005, which has been repealed and replaced by the Worker Screening Act 2020. The revocation updates the statutory framework to reflect the current legislation.

The Subordinate Legislation Act 1994 governs the making, publication, and sunset of statutory rules. The endnotes state that these Regulations will sunset 10 years after making on 30 March 2031. This creates a regulatory horizon; unless re-made, the transferred functions would revert to the Secretary automatically. This interacts with the broader machinery-of-government by imposing a time limit on the centralisation.

The Interpretation of Legislation Act 1984 is relevant for interpretive rules. The endnotes inform that headings, examples, diagrams, notes, punctuation, and provision numbers form part of the statutory rule. This affects how the Schedules are to be read: the column headings in the tables are part of the regulation and have legal significance.

Privacy laws such as the Privacy and Data Protection Act 2014 and the Health Records Act 2001 may apply to the collection and handling of identity information by Service Victoria. The Regulations do not address privacy or data security, leaving those obligations to be met under separate legislative schemes. Service Victoria must ensure its systems comply with information privacy principles. The transfer of identity verification functions means that a new agency now holds sensitive personal information, which may raise concerns about data centralisation and breach risk.

There is no mention of interaction with the Freedom of Information Act 1982 or the Charter of Human Rights and Responsibilities Act 2006, but both could apply to Service Victoria's actions. The Regulations do not confer any exemptions from those Acts.

The Regulations were made on 30 March 2021 and commenced on 1 April 2021. The original instrument included a regulation 8 and Schedule 3, which were later revoked. The only amendment to date is by the Service Victoria (Miscellaneous) Amendment Regulations 2024 (S.R. No. 38/2024), made on 28 May 2024 and commencing 29 May 2024. That amendment had three effects: it amended regulation 1(b) to remove a reference to other functions; it revoked regulation 1(c); and it revoked regulation 8 and Schedule 3. The table of amendments in the endnotes shows that regulations 21 to 23 of the 2024 amendment were the operative provisions.

The content of the revoked regulation 8 and Schedule 3 is not disclosed in the text, but given the subject matter, they likely related to functions that were superseded or no longer needed. The explanatory details in endnote 1 and 2 refer to the earlier Working with Children regulations, suggesting that the original 2021 Regulations may have carried over some transitional functions from the old regime. Their removal simplifies the instrument.

The Table of Amendments in the endnotes confirms that only the 2024 amendment has affected this instrument. No other amendments have been made or are pending. This is a relatively stable piece of subordinate legislation.

The sunset provision means that if the Regulations are not re-made before 30 March 2031, they will expire. The amendment in 2024 did not alter the sunset date; it remains 10 years from the original making. This is standard for statutory rules under the Subordinate Legislation Act. The drafting history shows a move from bespoke regulations for each function (the 2018 and 2019 instruments) to a consolidated instrument covering both NDIS and WWC checks under the new Worker Screening Act framework.

Practitioners should monitor any future amendments, particularly if the Worker Screening Act or Regulations are amended to add new types of checks or notifications, which might require an update to these Schedules to maintain the transferred functions.

The document does not record any litigation directly concerning these Regulations. No cases are cited in the text, and there is no schedule of court decisions. Given that the Regulations are a procedural statutory rule transferring administrative functions, they are unlikely to have been the subject of discrete litigation. Challenges to the underlying Worker Screening Act or to Service Victoria's handling of applications might tangentially involve these Regulations, but no such cases are referenced.

The absence of litigation history is notable but not surprising. The Regulations do not create rights or impose penalties, so there is little incentive for parties to challenge them. Most potential disputes would arise from substantive decisions under the Worker Screening Act, such as refusal of a clearance, and those would be litigated under that Act's review mechanisms. The Regulations simply govern which agency processes the paperwork.

If litigation were to occur, it might take the form of a judicial review of Service Victoria's performance of the transferred functions, for example if identity verification procedures were alleged to be unreasonable or discriminatory. Alternatively, if the Secretary attempted to retain or resume performance of a transferred function despite the regulation, a mandatory order could be sought. But no such case history is recorded in the instrument.

The instrument does not include any privative clauses or ouster of judicial review, so the usual avenues remain open. However, the lack of litigation to date suggests the transfer has been implemented without major controversy.

Digital token delivery presupposes a mobile application. Regulation 5 defines "digital token" as a digital version of an authority accessible through a mobile application. This implies that applicants must have a smartphone or handheld computing device capable of running the app. Individuals without such devices, or without reliable internet access, may face practical difficulties receiving their clearance token. The Regulations do not provide for alternative delivery methods, such as physical cards or downloadable PDFs. This creates a digital divide risk.

Identity verification includes withdrawal requests. Schedule 2 item 5 requires Service Victoria to collect identity information provided with a request to withdraw an application under section 21 of the Worker Screening Act and verify the requesting person's identity. This means that even when an applicant wants to withdraw, they must again provide identity information through Service Victoria. This may introduce friction into the withdrawal process. Conversely, it protects against fraudulent withdrawals by third parties. Practitioners should advise clients that withdrawing an application now involves a separate identity check.

The termination of the regulations is fixed. The sunset date is 30 March 2031. This means the transfer of functions is not permanent. If the regulations are not re-made by that date, the functions revert to the Secretary. This creates regulatory uncertainty for long-term planning. Employers and service agencies should be aware that the processing channel may change again.

Cross-references to the Worker Screening Regulations are dynamic. Schedule 1 item 3 refers to notifications under regulation 12(1) or (2) of the Worker Screening Regulations 2021. Those regulations may be amended or replaced. If they are, the functions transferred by this Regulation could automatically expand or contract, because the reference is not static. Practitioners must check the current version of the Worker Screening Regulations to know exactly what notifications Service Victoria must process.

Earlier regulations are revoked but may still affect transitional situations. Regulation 4 revokes the 2018 and 2019 Working with Children regulations. However, applications commenced under those earlier regulations but still pending may be subject to transitional provisions in the Worker Screening Act or other instruments. The Regulations do not include savings or transitional clauses. This could create gaps if the old regime's administrative processes are discontinued before pending matters are resolved.

No remedies for Service Victoria delay. The Regulations impose a duty on Service Victoria to perform the functions, but there is no statutory time limit for processing applications or notifications. Applicants whose applications are delayed have no direct remedy under these Regulations. They would need to rely on general administrative law or the service standards in Service Victoria's own charters.

Privacy implications of centralisation. Identity verification functions transferred to Service Victoria mean that a single agency now holds identity information for a large volume of worker screening applications. This concentration of data increases the potential impact of a data breach. The Regulations do not address data security or retention standards; these are left to other laws. Applicants may not be aware that Service Victoria, not the Department, holds their identity information.

Definitional dependence on Worker Screening Act. Terms like "NDIS check", "WWC check", etc. are defined by reference to the Worker Screening Act 2020. Any changes to those definitions in the parent Act will automatically change the scope of these Regulations. For example, if the Worker Screening Act is amended to add a new category of check, the transferred functions do not automatically apply to that new check unless the Schedules are amended. Practitioners should verify whether the current text still matches the intended functions.

Compliance under these Regulations is straightforward: parties need to ensure that applications, notifications, and withdrawal requests for NDIS and WWC worker screening are directed to Service Victoria rather than to the Secretary of the Department of Justice and Community Safety. The Secretary no longer performs these front-office functions. Specific compliance steps depend on the party's role.

For individual applicants: Submit applications for NDIS checks and WWC checks through the Service Victoria online portal or mobile application. The application form and identity verification process will be managed by Service Victoria. When a clearance is granted, you will receive a digital token via a mobile application; ensure you have access to a compatible device. For notifications (e.g., of a change in circumstances), use the Service Victoria channel. To withdraw an application, submit a withdrawal request through Service Victoria, and be prepared to provide identity information again for verification. Maintain your digital token security; it is your proof of clearance.

For employers and organisations: Update your internal procedures and staff guidance to direct workers to the Service Victoria application system. If you previously used direct links to the Department's application forms, replace them with Service Victoria's links. Verify that any integration with government systems for checking clearance status receives data from Service Victoria's systems, not the Department's. Ensure your privacy policies reflect that identity information is collected by Service Victoria.

For regulatory and government bodies: The Department of Justice and Community Safety should confirm that its transfer protocols are complete and that no residual processing of applications occurs at the Department. The Secretary retains decision-making authority for clearances, so ensure that Service Victoria forwards applications and identity verification results to the Department for substantive assessment. Service Victoria must establish or maintain IT systems capable of receiving applications, verifying identity, generating digital tokens, and handling notifications and withdrawal requests, all in compliance with the Privacy and Data Protection Act. Service Victoria should also have a fallback process for applicants without smartphones. Given the sunset date of 2031, the Department and Service Victoria should plan for re-making the regulations or returning the functions well in advance.

For legal practitioners: Advise clients that the point of lodgement is Service Victoria, but the legal decision-maker remains the Secretary. Check that any applications or notifications are made through the correct channel; otherwise they may not be considered received. For disputes involving processing delays, consider administrative law remedies or a complaint to the Victorian Ombudsman. Monitor the sunset date; if the regulations expire, advise clients to re-submit applications through the then-current channel.

Record-keeping: Underlying obligations under the Public Records Act 1973 apply to Service Victoria's handling of documents related to these functions. Applicants should retain records of their applications and digital tokens, as these are not stored by the Department in the same manner as before.

General compliance tip: The Regulations do not impose onerous burdens, but the shift in channel is absolute. Anyone still sending applications or notifications to the Department risks having them not processed. Confirm that your internal approved forms and links reflect the change.