Version incorporating amendments as at
9 February 2026
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purpose
The main purposes of this Act are—
S. 1(a) repealed by No. 37/2021 s. 372.
(b) to provide for minimum standards of accommodation and personal support provided to residents of private supported residential services for their care and well-being;
S. 1(c) repealed by No. 37/2021 s. 372.
(d) to make consequential amendments to the Health Services Act 1988 and other Acts.
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 1 July 2012, it comes into operation on that day.
3 Definitions
(1) In this Act—
S. 3(1) def. of application for approval of alterations or extensions repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of application for cancellation of registration repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of application for registration repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of application for variation of registration repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of approved manager repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of authorised officer repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of certificate of registration repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of close associate repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
community visitor means a person appointed under section 182;
S. 3(1) def. of compliance notice repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of condition report repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of Department amended by No. 37/2021 s. 373(3).[1]
Department means the Department of Families, Fairness and Housing;
Note
See also section 38AAA of the Interpretation of Legislation Act 1984.
designated public hospital has the same meaning as it has in the Health Services Act 1988;
establishment fee means a fee to cover the costs of assessing a resident's needs and preparing a support plan;
S. 3(1) def. of interim support plan repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of money of a resident repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of nearest relative repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
order to vacate means an order requiring a resident to vacate a supported residential service;
person includes an unincorporated association, a firm and a partnership;
person nominated means the person nominated by the resident to receive information relating to the resident's accommodation and personal support received at the supported residential service;
personal support means the provision of one or more of the following—
(a) assistance with personal hygiene, toileting or dressing;
(b) assistance to achieve and maintain mobility;
(c) support to seek out and maintain contact with health professionals, social networks, family, friends and the community;
(d) emotional wellbeing support;
(e) assistance with or supervision in administering medication;
(f) assistance with eating and maintaining adequate nutrition;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 161.1).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of prohibited transaction repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of proprietor repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of provider inserted by No. 37/2021 s. 373(2).
provider means a social services provider registered under section 23 of the Social Services Regulation Act 2021 to provide a supported residential service;
S. 3(1) def. of Public Advocate amended by No. 13/2019 s. 221(Sch. 1 item 51.1(a))
Public Advocate has the same meaning as it has in the Guardianship and Administration Act 2019;
S. 3(1) def. of region inserted by No. 26/2014 s. 455(Sch. item 37).
region means a prescribed region of Victoria;
S. 3(1) def. of register repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
registered medical practitioner means a person registered under the Health Practitioner National Law to practise in the medical profession (other than as a student);
S. 3(1) def. of registration repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of registration criteria repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of registration statement repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of related body corporate repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of reportable transaction repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
reservation fee means a fee to reserve a place at a supported residential service;
S. 3(1) def. of resident substituted by No. 37/2021 s. 373(5).
resident has the same meaning as in section 214 of the Social Services Regulation Act 2021;
S. 3(1) def. of residential and services agreement repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of resident's administrator amended by Nos 57/2014 s. 161(1), 13/2019 s. 221
(Sch. 1 item 51.1(b)(c)), repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of resident's guardian substituted by No. 57/2014 s. 161(2), amended by No. 13/2019 s. 221(Sch. 1 item 51.1(d)).
resident's guardian means—
(a) the resident's guardian appointed—
(i) under the Guardianship and Administration Act 2019; or
(ii) by a court; or
(b) the resident's attorney appointed for personal matters under an enduring power of attorney under the Powers of Attorney Act 2014;
S. 3(1) def. of resident's on‑going support plan repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of Secretary inserted by No. 37/2021 s. 373(2).
Secretary means the Secretary to the Department of Families, Fairness and Housing;
security deposit means an amount of money paid in advance by a resident to a proprietor to cover potential losses that the proprietor may suffer as a result of—
(a) the resident or the resident's visitor causing damage to the supported residential service; or
(b) a failure to pay fees;
S. 3(1) def. of short-term accom-modation repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of spouse repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(1) def. of supported residential service substituted by No. 37/2021 s. 373(6).
supported residential service has the same meaning as in section 214 of the Social Services Regulation Act 2021;
S. 3(1) def. of undertaking repealed by No. 37/2021 s. 373(1) (as amended by No. 17/2023 s. 70(2)).
S. 3(2)(3) repealed by No. 37/2021 s. 373(7).
S. 4 repealed by No. 37/2021 s. 374.
S. 5 amended by Nos 26/2014 s. 455(Sch. item 29), 38/2018 s. 317, 9/2023 s. 251, 39/2022 s. 872, repealed by No. 37/2021 s. 374.
Part 2—Objective, principles and residents' rights
6 Objective of Act
The objective of this Act is to protect the safety and wellbeing of residents living in private supported residential services.
7 Principles
(1) Residents of supported residential services have the same rights and responsibilities as other members of the community and should be empowered to exercise those rights and responsibilities.
(2) For the purposes of subsection (1), the following principles apply—
(a) the individual rights of residents should be respected by recognising a resident’s right to—
(i) privacy; and
(ii) freedom of expression; and
(iii) fair and equal treatment; and
(iv) dignity and respect; and
(v) freedom from abuse, neglect or exploitation;
S. 7(2)(b) amended by No. 37/2021 s. 375.
(b) providers should support residents to live as independently as possible by—
(i) recognising the resident’s right to make decisions, provided those decisions do not unreasonably affect the rights of others; and
(ii) supporting them to participate in decisions regarding the services they receive; and
(iii) allowing them the right to choose their service providers; and
(iv) recognising their right to participate in activities involving a degree of risk;
S. 7(2)(c) amended by No. 37/2021 s. 375.
(c) providers should support residents as far as possible by—
(i) providing residents with information that will assist in decision making; and
(ii) facilitating access to activities;
S. 7(2)(d) amended by No. 37/2021 s. 375.
(d) providers should provide safe and comfortable surroundings and ensure that support services take account of the needs of individual residents as far as possible.
S. 7(3) amended by No. 29/2011 s. 3(Sch. 1 item 93.1).
(3) For the purposes of administering this Act and for the provision of services to residents of supported residential services, this Act is to be interpreted, so far as possible, in a manner that gives effect to the principles specified in subsection (2).
8 Reasonable restrictions
If a restriction on the rights of any resident set out in the principles in section 7 is necessary, and more than one option is available in implementing that restriction, the option chosen must be that which is the least restrictive of the resident's rights in the circumstances.
Pt 3 (Headings and ss 9−43) amended by No. 13/2019 s. 221(Sch. 1 item 51.2), repealed by No. 37/2021 s. 376.
Pt 4 (Headings and ss 44−78) amended by No. 13/2019 s. 221(Sch. 1 item 51.3), repealed by No. 37/2021 s. 376.
Pt 5 (Headings and ss 79−106) repealed by No. 37/2021 s. 376.
Pt 6 (Headings and ss 107−129) amended by No. 37/2014 s. 10(Sch. item 161.2), repealed by No. 37/2021 s. 376.
Pt 7 (Headings and ss 130−155) amended by Nos 37/2014 s. 10(Sch. item 161.2), 6/2018 s. 68(Sch. 2 item 120), repealed by No. 37/2021 s. 376.
Pt 8 (Headings and ss 156−181) amended by Nos 29/2011 s. 3(Sch. 1 items 93.2−93.9), 9/2013 s. 42(Sch. 2 item 16), repealed by No. 37/2021 s. 376.
Part 9—Community visitors
182 Appointment of community visitors
The Governor in Council may appoint persons nominated by the Minister as community visitors for each region.
183 Terms and conditions of appointment
(1) Each community visitor—
(a) holds office for a period of 3 years from the date of appointment;
(b) is eligible for re-appointment;
(c) is entitled to be paid fees and travelling and other allowances as are from time to time fixed by the Governor in Council;
(d) is not, in respect of the office of community visitor, subject to the Public Administration Act 2004.
(2) The Governor in Council, in the instrument of appointment of a person as a community visitor, may specify terms and conditions of appointment in addition to those specified in subsection (1).
(3) A person must not be appointed as a community visitor for a region if the person—
(a) is an officer or employee of the Department or a person who holds any other appointment with the Department; or
(b) has any interests which conflict or may conflict with the best interests of residents of a supported residential service in that region.
(4) In nominating persons for appointment as community visitors for a region, the Minister must ensure that both men and women are adequately represented.
(5) The Governor in Council, on the recommendation of the Minister, may remove a community visitor from office.
(6) A person may resign from the office of community visitor in writing signed by that person and delivered to the Governor in Council.
184 Functions of a community visitor
The functions of a community visitor appointed for a region are to visit any supported residential service in the region and query—
S. 184(a) substituted by No. 58/2025 s. 450.
(a) whether services are being delivered to residents in accordance with—
(i) the Social Services Standards within the meaning of the Social Services Regulation Act 2021; and
(ii) any service requirements prescribed for the purposes of section 45 of that Act;
(b) the status of any complaint made by or on behalf of a resident and the progress of its resolution, if applicable;
(c) any other issue or concern raised with the community visitor by or on behalf of a resident.
185 Panels
Any 2 community visitors for a region constitute a panel of community visitors for that region.
186 Visiting supported residential services
(1) A community visitor or a panel of community visitors for a region may visit a supported residential service in the region with or without any previous notice at the times and for the periods that the community visitor or panel thinks fit.
(2) The Minister may direct a community visitor or a panel of community visitors for a region to visit a supported residential service in the region at the times that the Minister directs.
187 Powers of community visitors
(1) A community visitor when visiting a supported residential service in the region may—
(a) enter and look at any part of the premises of the supported residential service;
(b) speak with any resident of the supported residential service who wishes to speak to the community visitor;
(c) ask questions of any employee of the supported residential service relating to any resident's care;
S. 187(1)(d) amended by No. 58/2025 s. 451.
(d) look at any records required to be kept on the premises by or under this Act or the Social Services Regulation Act 2021 or regulations made under that Act.
(2) Subsection (1)(d) does not authorise a community visitor to look at—
(a) a resident's medical records unless the resident consents; or
(b) personnel records unless the relevant member of staff consents.
S. 188 amended by No. 37/2021 s. 377.
188 Offence to unreasonably refuse assistance
A provider or any member of the staff or management of a supported residential service must not unreasonably refuse or neglect to give a community visitor any reasonable assistance that the community visitor requires to perform or exercise any of the community visitor's powers or functions effectively.
20 penalty units.
S. 189 amended by No. 37/2021 s. 378.
189 Offence not to give full and true answers
A provider or any member of the staff or management of a supported residential service must not refuse or fail to give full and true answers to the best of that person's knowledge to any questions asked by a community visitor in the performance or exercise of any power or function under this Act.
20 penalty units.
S. 190 amended by No. 37/2021 s. 379.
190 Offence to assault, obstruct or threaten community visitor
A provider or any member of the staff or management of a supported residential service must not assault, obstruct or threaten a community visitor in the performance or exercise of any power or function under this Act.
60 penalty units.
191 Request to see a community visitor
S. 191(1) amended by No. 37/2021 s. 380.
(1) A resident of a supported residential service or any person on behalf of a resident of a supported residential service may request the provider to arrange for the resident to be seen by a community visitor.
S. 191(2) amended by No. 37/2021 s. 380.
(2) The provider, within 2 days after receiving a request under subsection (1), must advise one of the community visitors for the region that a request has been made.
20 penalty units.
S. 192 amended by No. 37/2021 s. 381.
192 Record of visits
A provider must keep a record in the prescribed form of visits by community visitors.
10 penalty units.
193 Community (Residential Services) Visitors Board
(1) There is established a Board to be known as the Community (Residential Services) Visitors Board.
(2) The Community (Residential Services) Visitors Board consists of—
(a) the Public Advocate; and
(b) two community visitors elected by community visitors in accordance with the regulations.
(3) The functions of the Community (Residential Services) Visitors Board are—
(a) to represent community visitors; and
(b) to prepare and circulate publications explaining the role of community visitors; and
(c) to supervise the training of community visitors; and
(d) to prepare an annual report.
194 Reports
(1) The community visitors for a region at least twice a year must submit a joint report to the Public Advocate on visits made by them to supported residential services since the last report under this section.
(2) The Public Advocate may report to the Secretary upon becoming aware of any issues of concern regarding residents of a supported residential service.
(3) The Minister may require a panel of community visitors to report to the Minister on any matter specified by the Minister at the time and in the manner directed by the Minister.
195 Annual report of community visitors
(1) The Community (Residential Services) Visitors Board must as soon as practicable after the end of each financial year and not later than the following 30 September submit to the Minister a report on the activities of community visitors during the financial year.
(2) The Minister must cause the annual report prepared under subsection (1) to be laid before the Legislative Council and the Legislative Assembly before the expiration of the 14th sitting day of the Legislative Council or the Legislative Assembly, as the case may be, after the annual report has been received by the Minister.
196 Secrecy
(1) Subject to subsection (2), a person who is or has been, at any time, a community visitor must not, either directly or indirectly—
(a) make a record of; or
(b) divulge or communicate to any person; or
(c) make use of—
any information, that is or was acquired by the person because the person is or was appointed as a community visitor, for any purpose, except to the extent necessary for the person—
(d) to perform any official duties; or
(e) to perform or exercise any function or power under this Act.
60 penalty units.
(2) Subsection (1) does not prevent a person from—
(a) producing a document to a court in the course of criminal proceedings or in the course of any proceedings under this Act; or
(b) divulging or communicating to a court in the course of any proceedings referred to in paragraph (a) any matter or thing coming under the notice of the person in the performance of official duties or in the performance of a function or the exercise of a power referred to in that subsection; or
(c) producing a document or divulging or communicating information that is expressly authorised or permitted by any Act to be produced, divulged or communicated; or
(d) producing a document or divulging or communicating information with the prior consent of the person to whom it relates or, if that person has died, with the consent of the senior available next of kin of that person.
(3) In this section—
court includes any board, tribunal or person authorised to receive evidence;
senior available next of kin has the same meaning as in the Human Tissue Act 1982.
Part 10—General
S. 197 amended by No. 37/2014 s. 10(Sch. item 161.2), repealed by No. 37/2021 s. 382.
S. 198 repealed by No. 37/2021 s. 382.
199 False and misleading statements
(1) A person must not, in purported compliance with this Act or the regulations, knowingly give information or make a statement that is false or misleading in a material particular.
60 penalty units.
(2) A person must not knowingly make a false or misleading entry in a document required by this Act or the regulations to be kept by or in relation to a supported residential service.
60 penalty units.
200 Damaging or destroying documents etc.
A person must not, without lawful authority, destroy or damage any notice or document given, prepared or kept in accordance with this Act.
60 penalty units.
201 Offences by corporations and partnerships etc.
(1) If a corporation is guilty of an offence against this Act or the regulations, any officer of the corporation who was in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for that offence.
(2) If in a proceeding for an offence against this Act or the regulations it is necessary to establish the intention of a corporation, it is sufficient to show that an employee or agent of the corporation had that intention.
(3) A statement made by an officer of a corporation is admissible as evidence against the corporation in any proceeding against the corporation for an offence against this Act or the regulations.
(4) In this section, officer—
(a) in relation to a corporation within the meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and
(b) in relation to a corporation that is not a corporation within the meaning of that Act, means any person (by whatever name called) who is concerned or takes part in the management of the corporation—
but does not include an employee of the corporation.
(5) If this Act or the regulations provide that a person, being a firm, partnership or an unincorporated association, is guilty of an offence, that reference to the person—
(a) in the case of a partnership, is to be read as a reference to each member of the partnership; and
(b) in the case of any other unincorporated body, is to be read as a reference to each member of the committee of management of the body.
S. 202 repealed by No. 37/2021 s. 382.
203 Service of notices and other documents
(1) Any notice or other document under this Act or the regulations required or authorised to be given or served to or upon any person may be served by—
(a) giving it or serving it personally on the person; or
(b) sending it by post or electronic communication to the person at that person's usual or last known place of residence or business; or
(c) leaving it at that person's usual or last known place of residence with a person on the premises who is apparently at least 16 years old; or
(d) leaving it at that person's usual or last known place of business with a person who is apparently employed at the premises and who is apparently at least 16 years old.
(2) Any notice or other document required to be given to or served on a provider may if the name of the provider is not known be addressed to the provider by the description of the "provider".
S. 203(3) amended by No. 37/2021 s. 383(a).
(3) If there is more than one provider, it is sufficient if the notice or other document is served on any one of them and the name of any one of them is specified with the addition of the words "and others".
(4) This section is in addition to, and not in derogation from, sections 109X and 601CX of the Corporations Act.
204 Delegation
(1) The Minister, by instrument, may delegate any power, function or duty of the Minister under this Act or the regulations to any person or class of persons employed under Part 3 of the Public Administration Act 2004 except—
(a) this power of delegation; or
(b) a power under section 166.
(2) The Secretary, by instrument, may delegate any power, function or duty of the Secretary under this Act or the regulations to any person or class of persons employed under Part 3 of the Public Administration Act 2004 except this power of delegation.
(3) A delegation under subsection (1) or (2) may be made—
(a) in relation to a person or class of persons specified in the instrument of delegation; or
(b) in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.
S. 204(4) inserted by No. 37/2021 s. 384.
(4) Without limiting this section, the Secretary may, by instrument, delegate any function or power to the Secretary under this Act or the regulations to—
(a) the Regulator within the meaning of the Social Services Regulation Act 2021; or
(b) a person employed or engaged by that Regulator.
Ss 205, 206 repealed by No. 37/2021 s. 385.
207 Regulations
(1) The Governor in Council may make regulations for or with respect to—
S. 207(1) (a)−(o) repealed by No. 37/2021 s. 386(1).
S. 207(1)(p) amended by No. 37/2021 s. 386(2).
(p) prescribing returns or other documents or information to be made or given to the Secretary by providers of supported residential services;
(q) prescribing penalties not exceeding 20 penalty units for a contravention of the regulations;
(r) prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2) The regulations—
(a) may be of general or limited application;
(b) may differ according to differences in time, place or circumstances;
(c) may require matters affected by the regulations to be—
(i) in accordance with specified standards or specified requirements; or
(ii) approved by, or to the satisfaction of, a specified person or body or a specified class of persons or bodies; or
(iii) as specified in both subparagraphs (i) and (ii);
(d) may 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 as amended from time to time;
(e) may confer a discretionary authority or impose a duty on a specified person or body or class of persons or bodies;
(f) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person;
(g) may provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—
(i) whether unconditionally or on specified conditions; and
(ii) either wholly or to such an extent as is specified.
Part 11—Transitional provisions and consequential amendments
Division 1—Transitional provisions
208 Interpretation of Legislation Act 1984
Nothing in this Division affects or limits the operation of the Interpretation of Legislation Act 1984 unless the contrary intention appears.
209 Supported residential services registered under Health Services Act 1988 before commencement
(1) Subject to subsections (4) and (5), a supported residential service registered under Part 4 of the Health Services Act 1988 immediately before the commencement of this Act is taken, on and from that commencement, to be a supported residential service registered under this Act.
(2) Subject to subsections (4) and (5), on and from the commencement of this Act, a period of registration of a supported residential service specified under section 85(h) or 91(c) of the Health Services Act 1988 is taken to be indefinite, subject to this Act, in relation to a supported residential service to which subsection (1) applies, despite anything to the contrary in a certificate of registration or a certificate of renewal of registration.
(3) On and from the commencement of this Act, the number of beds, any conditions of registration and any other particulars of registration of a supported residential service under the Health Services Act 1988 are taken to be the particulars applying to the registration under this Act.
(4) A supported residential service registered under Part 4 of the Health Services Act 1988 immediately before the commencement of this Act which is also, immediately before that commencement, premises which are recorded in the register kept under section 38J of the Retirement Villages Act 1986 and which satisfy the requirements of section 38L of that Act—
(a) despite section 5(1)(f) is taken, on and from that commencement, to be a supported residential service registered under this Act for a period of 2 years from that commencement; and
Note
Section 5(1)(f) provides that premises which are recorded in the register kept under section 38J of the Retirement Villages Act 1986 and which satisfy the requirements of section 38L of that Act are not a supported residential service within the meaning of this Act.
(b) by the end of that 2 year period the proprietor must either—
(i) request that the Secretary cancel the registration of the supported residential service under this Act; or
(ii) arrange for the premises to cease to be recorded in the register kept under section 38J of the Retirement Villages Act 1986 in accordance with the requirements of section 38L of that Act.
(5) If subsection (4) applies and, at the end of the 2 year period from the commencement of this Act, a proprietor has not complied with subsection (4)(b)(i) or (ii), the registration of the supported residential service under this Act by virtue of subsection (4)(a) is cancelled by virtue of this section.
210 Pre-commencement applications
(1) An application for an approval in principle under Division 1 of Part 4 or an application for variation under section 92(2)(c)(i) of the Health Services Act 1988 that is made before the commencement of this Act in respect of which no decision has been made before that commencement must be decided in accordance with the applicable provisions of the Health Services Act 1988 as if those provisions had not been repealed.
(2) An application for registration under section 82 or an application for variation under section 92(2)(c)(ii), (iii) or (iv) of the Health Services Act 1988 that is made before the commencement of this Act in respect of which no decision has been made before that commencement is taken, on and from that commencement—
(a) to be an application for registration or an application for variation of registration, as the case requires, under this Act; and
(b) must be decided in accordance with this Act.
(3) An application for renewal of a registration of a supported residential service under the Health Services Act 1988 that is made before the commencement of this Act in respect of which no decision has been made before that commencement, or to which section 88(5) of that Act applies—
(a) must be decided in accordance with the applicable provisions of the Health Services Act 1988 as if those provisions had not been repealed; and
(b) without limiting section 209(1), on and from that renewal, is taken to be a supported residential service registered under this Act.
211 Administrators
On and from the commencement of this Act, an administrator of a supported residential service appointed under section 103 of the Health Services Act 1988 is taken to be an administrator appointed to that supported residential service under this Act with the powers and obligations of an administrator under this Act.
S. 212 repealed by No. 37/2021 s. 387.
213 Community visitors
(1) A community (residential services) visitor appointed by the Governor in Council under Part 5 of the Health Services Act 1988 before the commencement of this Act is taken to be a community visitor appointed under Part 9 of this Act, with—
(a) the functions of a community visitor set out in this Act; and
(b) the terms and conditions of appointment—
(i) provided by this Act; and
(ii) as specified in the instrument of appointment under section 124(2) of the Health Services Act 1988 as in force immediately before its repeal, which are taken to be terms of conditions of appointment under this Act.
(2) The term of office of a person to whom subsection (1) applies continues for the period of the term of office for which the person was appointed as a community (residential services) visitor under the Health Services Act 1988.
(3) Until such time as the Governor in Council fixes fees and travelling and other allowances under section 183(1)(c), the fees and travelling and other allowances of a community visitor under this Act are the fees and travelling and other allowances fixed under section 124 of the Health Services Act 1988 as in force immediately before its repeal.
214 Community (Residential Services) Visitors Board
(1) On and from the commencement of this Act, the Community (Residential Services) Visitors Board established under Part 5 of the Health Services Act 1988—
(a) subject to paragraph (b), is taken to be the same body as it was immediately before that commencement, despite the repeal of Part 5 of that Act and no decision, matter or thing is to be affected because of that repeal; and
(b) continues in existence as if established under section 193.
(2) On and from the commencement of this Act, all property vested in the Community (Residential Services) Visitors Board under Part 5 of the Health Services Act 1988, may, after that date, be used or invested by the Community (Residential Services) Visitors Board in accordance with this Act.
(3) On and from the commencement of this Act, the members of the Community (Residential Services) Visitors Board in office under Part 5 of the Health Services Act 1988 immediately before its repeal—
(a) are taken to be the members of the Community (Residential Services) Visitors Board appointed under Part 9; and
(b) continue in office on the same terms and conditions as those on which they were originally appointed for the remainder of their original terms as if appointed under Part 9.
S. 215 amended by No. 29/2011 s. 3(Sch. 1 item 93.10), repealed by No. 37/2021 s. 387.
S. 216 amended by No. 29/2011 s. 3(Sch. 1 item 93.11), repealed by No. 37/2021 s. 387.
S. 217 amended by No. 29/2011 s. 3(Sch. 1 item 93.12), repealed by No. 37/2021 s. 387.
S. 218 repealed by No. 37/2021 s. 387.
New s. 219 inserted by No. 40/2022 s. 67.
219 Saving of the Supported Residential Services (Private Proprietors) Regulations 2012
Despite section 5 of the Subordinate Legislation Act 1994, the Supported Residential Services (Private Proprietors) Regulations 2012 are taken to be in force until 1 July 2024 and continue in operation until that date and may be amended or revoked accordingly.
Pt 11 Div. 2, (Heading and ss 219–226) repealed by No. 49/2010 s. 234, new Pt 11 Div. 2 (Heading and new s. 220) inserted by No. 58/2025 s. 452.
A reference to the Supported Residential Services (Private Proprietors) Act 2010 in any Act (other than this Act), subordinate instrument, agreement, deed or other document is to be construed as a reference to the Supported Residential Services (Community Visitors) Act 2010—
(a) so far as the reference relates to any period on or after the commencement of Division 4 of Part 12 of the Social Services Regulation Act 2021; and
(b) unless the context or subject matter otherwise requires.
Pt 11 Div. 3 (Heading and ss 227–233) repealed by No. 49/2010 s. 234.
Pt 11 Div. 4 (Heading and s. 234) repealed by No. 21/2015 s. 3(Sch. 1 item 52).
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: 9 June 2010
Legislative Council: 24 June 2010
The long title for the Bill for this Act was "A Bill for an Act to regulate private supported residential services, to make consequential amendments to the Health Services Act 1988 and several other Acts and for other purposes."
The Supported Residential Services (Private Proprietors) Act 2010 was assented to on 24 August 2010 and came into operation on 1 July 2012: section 2(2).
The title of this Act was changed from the Supported Residential Services (Private Proprietors) Act 2010 to the Supported Residential Services (Community Visitors) Act 2010 by section 371 of the Social Services Regulation Act 2021, No. 37/2021.
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 **Supported Residential Services (**Community Visitors) Act 2010 by Acts and subordinate instruments.
S. 3(1) def. of Department: The amendment proposed by section 373(4) of the Social Services Regulation Act 2021, No. 37/2021 is not included in this publication due to the earlier amendment of that definition made by section 373(3) of that Act.
Section 373(4) reads as follows:
373 Definitions
(4) In section 3(1) of the Principal Act, in the definition of Department, for "Health" substitute "Families, Fairness and Housing". ↑
S. 203(2): The amendment proposed by section 383(b) of the Social Services Regulation Act 2021, No. 37/2021 is not included in this publication due to the earlier amendment made by section 383(a) of that Act.
Section 383(b) reads as follows:
383 Service of notice and other documents
In section 203 of the Principal Act—
(b) in subsection (2), for '"proprietor"' substitute '"provider"'. ↑