To: [insert name of person subject to confidentiality notice]
Address: [insert address details]
THIS CONFIDENTIALITY NOTICE IS IMPORTANT.
PLEASE READ IT CAREFULLY.
FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE MAY BE AN OFFENCE.
PENALTIES MAY APPLY.
1. What is this confidentiality notice?
This confidentiality notice is issued under section 201 of the Social Services Regulation Act 2021 in respect of the following restricted matters:
[Describe the investigation or other circumstance to which the confidentiality notice relates.]
[Specify the restricted matter or matters, including how the restricted matter relates to the recipient.]
Because you have been given this confidentiality notice, you are not permitted to disclose the above restricted matters except as described below in the section headed "When are you authorised to disclose information?".
If you disclose a restricted matter when you are not permitted to, you can face a fine of up to 10 penalty units.
*You should also note that additional obligations under sections 52 and 53 of the Public Interest Disclosures Act 2012 relating to confidentiality of assessable disclosures and people who make assessable disclosures may apply to you.
2. Why have you been given this confidentiality notice?
You have been given this confidentiality notice because * the Social Services Regulator (Regulator)/*a Panel convened under Part 5 of the Social Services Regulation Act 2021 (Panel) considers that your disclosure of any of the restricted matters described above would be likely to prejudice the following:
an investigation of a contravention of the Social Services Regulation Act 2021 or the Social Services Regulations 2023;
an investigation of conduct that may lead to the exclusion of a WCES worker or carer under the worker and carer exclusion scheme under Part 5 of the Social Services Regulation Act 2021;
3. When are you authorised to disclose information?
Please read this section carefully. You can only disclose a restricted matter in the circumstances stated below.
If a person or an organisation does not appear under "You can disclose this restricted matter:" or under "Can you disclose in any other circumstances?", then you cannot disclose the restricted matter to that person or organisation. For example, if "your spouse or domestic partner" does not appear under those headings, then you cannot disclose the restricted matter to your spouse or domestic partner.
| Restricted matter:<br>[Specify restricted matter or matters] | You can disclose this restricted matter:<br>* ✓ to your spouse or domestic partner.<br>* ✓ to your employer or your manager or both.<br>* ✓ to a registered health practitioner for the purpose of seeking advice or support in relation to the restricted matter.<br>* ✓ to a trade union, if you are a member of that union, for the purpose of seeking advice or support in relation to the restricted matter. |
| | * ✓ to an employee assistance program, for the purpose of seeking advice or support in relation to the restricted matter.<br>* ✓ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim.<br>* ✓ for the purpose of an application to the Fair Work Commission, including any related proceeding.<br>The Regulator/Panel has directed that you cannot disclose this restricted matter:<br> ✗ to your spouse or domestic partner.<br> ✗ to your employer or your manager or both.<br>* ✗ to a registered health practitioner for the purpose of seeking advice or support in relation to the restricted matter.<br>* ✗ to a trade union, if you are a member of that union, for the purpose of seeking advice or support in relation to the restricted matter.<br>* ✗ to an employee assistance program, for the purpose of seeking advice or support in relation to the restricted matter.<br>* ✗ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim.<br>* ✗ for the purpose of an application to the Fair Work Commission, including any related proceeding. |
[Repeat table as necessary for any restricted matter that can be disclosed in different circumstances than above.]
Can you disclose in any other circumstances?
You are always permitted to disclose a restricted matter in the following circumstances:
if the Regulator or the Panel (as the case requires) directs you or authorises you to disclose a restricted matter;
if the disclosure is necessary for you to obtain any information, document or other thing to comply with this confidentiality notice, a notice cancelling this confidentiality notice or an order of the Supreme Court extending this confidentiality notice, including:
to an interpreter if you do not know enough English to understand the nature of this confidentiality notice, a notice cancelling this confidentiality notice or an order extending this confidentiality notice;
to a parent, guardian or independent person if you are under the age of 18 years;
to an independent person, if you are illiterate or have a mental, physical or other impairment that prevents you from understanding this confidentiality notice, a notice cancelling this confidentiality notice or an order extending this confidentiality notice;
for the purpose of obtaining legal advice or representation in relation to this confidentiality notice or an order extending this confidentiality notice under section 201 of the Social Services Regulation Act 2021, or your rights, liabilities, obligations and privileges under the Social Services Regulation Act 2021 or any other Act or law;
4. When does this confidentiality notice expire or otherwise cease to have effect?
This confidentiality notice expires or otherwise ceases to have effect on the date when the first of the following events occurs:
the Regulator or the Panel cancels this confidentiality notice and issues you with a new one that includes different restricted matters;
[See theSocial Services Regulation Act 2021*, section 201(3) and (5)*]
the Regulator or the Panel cancels this confidentiality notice;
(Note: A new confidentiality notice may be issued to you.)
[See theSocial Services Regulation Act 2021*, section 201(4) and (5)*]
unless the Supreme Court has ordered the extension of this confidentiality notice or an application for an extension of this confidentiality notice has been made, the date of expiry specified in the confidentiality notice;
if an application has been made to the Supreme Court for an extension of this confidentiality notice, the date of determination of the application if the extension is not granted;
if the date on which this confidentiality notice expires or otherwise ceases to have effect is extended by the Supreme Court, the date on which the period of extension expires.
5. Where can I get more information about this confidentiality notice?
A copy of the relevant law about confidentiality notices is attached to this confidentiality notice.
You can also obtain legal advice about this confidentiality notice from a legal practitioner.
[Attach a copy of sections 201(3) to (9) and 204 of theSocial Services Regulation Act 2021and an explanation of the effect of those provisions.]
[signature]
[name]
[title]
Date: [insert date]
*Delete if not applicable.
═════════════
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 Social Services Regulations 2023, S.R. No. 113/2023 were made on 8 November 2023 by the Governor in Council under section 316 of the Social Services Regulation Act 2021, No. 37/2021 and came into operation on 1 July 2024: regulation 3.
The Social Services Regulations 2023 will sunset 10 years after the day of making on 8 November 2033 (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 Social Services Regulations 2023 by statutory rules, subordinate instruments and Acts.
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.