Service Victoria (Transfer of Worker Screening Functions) Regulations 2021
S.R. No. 26/2021
Version incorporating amendments as at
29 May 2024
1 Objectives
The objectives of these Regulations are—
(a) to prescribe customer service functions that are transferred to the Service Victoria CEO under the Service Victoria Act 2018; and
Reg. 1(b) amended by S.R. No. 38/2024 reg. 21(1).
(b) to prescribe identity verification functions that are transferred to the Service Victoria CEO under the Service Victoria Act 2018.
Reg. 1(c) revoked by S.R. No. 38/2024 reg. 21(2).
2 Authorising provision
These Regulations are made under section 58 of the Service Victoria Act 2018.
3 Commencement
These Regulations come into operation on 1 April 2021.
4 Revocations
The following Regulations are revoked—
(a) the Service Victoria (Transfer of Working with Children Functions) Regulations 2018[1];
(b) the Service Victoria (Transfer of Functions) Amendment (Working with Children) Regulations 2019[2].
5 Definitions
In these Regulations—
Section 1 - Service Victoria (Transfer of Worker Screening Functions) Regulations 2021 - Service Victoria (Transfer of Worker Screening Functions) Regulations 2021 | Zoe
digital token means a digital version of an authority given by the Secretary to the Department of Justice and Community Safety in respect of an application and that is accessible through a mobile application maintained for that purpose;
mobile application means a software application designed for use on a personal electronic device such as a mobile phone or a handheld computing device;
NDIS check has the same meaning as in the Worker Screening Act 2020;
NDIS clearance has the same meaning as in the Worker Screening Act 2020;
the Act means the Service Victoria Act 2018;
WWC check has the same meaning as in the Worker Screening Act 2020;
WWC clearance has the same meaning as in the Worker Screening Act 2020.
6 Transferred customer service functions
For the purposes of section 5(5) of the Act, a customer service function set out in the table in Schedule 1 is a transferred customer service function.
Note
A transferred customer service function is to be performed by the Service Victoria CEO from the commencement of this regulation that prescribes the function to be a transferred customer service function (see section 5(5) of the Act).
7 Transferred identity verification functions
For the purposes of section 10(5) of the Act, an identity verification function set out in the table in Schedule 2 is a transferred identity verification function.
Note
A transferred identity verification function is to be performed by the Service Victoria CEO from the commencement of this regulation that prescribes the function to be a transferred identity verification function (see section 10(5) of the Act).
Reg. 8 revoked by S.R. No. 38/2024 reg. 22.
Schedule 1—Transferred customer service functions
Regulation 6
Column 1<br>Item number
Column 2<br>Transferred customer service function
Column 3<br>Service agency from which function is transferred
1
Receiving and processing an application—<br>(a) for an NDIS check under section 15 of the Worker Screening Act 2020; or<br>(b) for a WWC check under section 54 of the Worker Screening Act 2020
Secretary to the Department of Justice and Community Safety
2
Receiving and processing a notification under section 73(2) of the Worker Screening Act 2020
Secretary to the Department of Justice and Community Safety
3
Receiving and processing a notification under regulation 12(1) or (2) of the Worker Screening Regulations 2021
Secretary to the Department of Justice and Community Safety
4
Delivering to an applicant a digital token in respect of the following authorities—<br>(a) an NDIS clearance given by the Secretary under section 31(1) of the Worker Screening Act 2020;<br>(b) a WWC clearance given by the Secretary under section 68(1) of the Worker Screening Act 2020
Secretary to the Department of Justice and Community Safety
Column 2<br>Transferred identity verification function
Column 3<br>Service agency from which function is transferred
1
Collecting identity information provided with an application for an NDIS check under section 15 of the Worker Screening Act 2020 and verifying the applicant's identity
Secretary to the Department of Justice and Community Safety
2
Collecting identity information provided with an application for a WWC check under section 54 of the Worker Screening Act 2020 and verifying the applicant's identity
Secretary to the Department of Justice and Community Safety
3
Collecting identity information provided with a notification under section 73(2) of the Worker Screening Act 2020 and verifying the notifying person's identity
Secretary to the Department of Justice and Community Safety
4
Collecting identity information provided with a notification under regulation 12(1) or (2) of the Worker Screening Regulations 2021 and verifying the notifying person's identity
Secretary to the Department of Justice and Community Safety
5
Collecting identity information provided with a request under section 21 of the Worker Screening Act 2020 to withdraw an application and verifying the requesting person's identity
Secretary to the Department of Justice and Community Safety
Sch. 3 revoked by S.R. No. 38/2024 reg. 23.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Service Victoria (Transfer of Worker Screening Functions) Regulations 2021, S.R. No. 26/2021 were made on 30 March 2021 by the Governor in Council under section 58 of the Service Victoria Act 2018, No. 14/2018 and came into operation on 1 April 2021: regulation 3.
The Service Victoria (Transfer of Worker Screening Functions) Regulations 2021 will sunset 10 years after the day of making on 30 March 2031 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Service Victoria (Transfer of Worker Screening Functions) Regulations 2021 by statutory rules, subordinate instruments and Acts.