8Guiding principles

8 Guiding principles

(1) The Regulator, in carrying out a function or power under this Act or any other Act, must—

S. 8(1)(a) substituted by No. 58/2025 s. 129(1).

(a) subject to subsection (2), have regard to the paramount consideration of the best interests and the safety, welfare and wellbeing of children and service users; and

(b) enforce compliance by registered social service providers with the Social Services Standards; and

(c) act in a transparent, accountable, efficient, effective and fair way; and

(d) make decisions using an intelligence-led and integrated approach that is proportionate to risk and minimises regulatory burden; and

(e) work collaboratively with other relevant agencies, service users, registered social service providers and the community to ensure the safe delivery of social services; and

(f) ensure that restrictions on registered social service providers or WCES workers or carers are only imposed to the extent necessary or desirable to achieve the Regulator's objects; and

(g) reduce regulatory burden, where appropriate, by—

(i) recognising compliance by registered social service providers with other regulatory schemes; and

(ii) aiming for consistent approaches to decision-making with other regulatory schemes; and

(iii) if possible, giving effect to prescribed decisions about WCES workers or carers made by other relevant regulatory entities; and

(h) liaise with other relevant agencies and regulatory entities to avoid, as far as possible, unnecessary duplication in the investigation of social service providers; and

(i) provide, where appropriate, social service providers with guidance and education regarding their duties and obligations under this Act and how social service providers may comply with those duties and obligations.

S. 8(2) inserted by No. 58/2025 s. 129(2).

(2) The paramount consideration in subsection (1)(a) does not apply to the Regulator in carrying out functions or powers under the Worker Screening Act 2020 in relation to NDIS checks, NDIS clearance holders, WWC checks or WWC clearance holders.

Notes

Section 10 of the Worker Screening Act 2020 sets out paramount considerations for the Regulator in relation to NDIS checks and NDIS clearance holders.

Section 11 of the Worker Screening Act 2020 sets out paramount considerations for the Regulator in relation to WWC checks and WWC clearance holders.