Victims of Crime Commissioner Regulations 2020

The Regulations are short and built around a few core concepts appearing in their four regulations.

• Purpose link to the Act: The Regulations exist only to identify prescribed agencies for s 28(1A) of the Victims of Crime Commissioner Act 2015 (reg 1). They are not freestanding policy. Their reach is therefore coextensive with whatever legal consequences flow from being a prescribed agency under that Act; those consequences are not restated here.

• Authorising provision: The Regulations were made under s 47 of the Act (reg 2). The existence of the authorising provision explains the Regulations' scope: the exercise of a statutory power to make subordinate rules identifying agencies.

• Definition of State contract: The Regulations provide a single, narrow definition for State contract, specifying that it includes contracts entered into for or on behalf of the State and subcontracts made under the contract (reg 3). That definition controls items in reg 4(f)-(h), which capture bodies that receive funding under State contracts.

• "To the extent that" qualification: The list of prescribed agencies repeatedly uses the phrase to the extent that, for example in relation to Victoria Legal Aid (reg 4(c)) and a range of funded service providers (reg 4(f)-(h)), the authorised Hub entity (reg 4(i)), the Secretary (reg 4(e)), and the Victorian WorkCover Authority (reg 4(j)). This recurring qualifier limits prescription to the functions those entities perform that relate to the provision of services to victims of crime. The Regulations therefore operate functionally, rather than making whole organisations prescribed irrespective of activity.

• Inclusion by accreditation and statutory status: Some entities are captured by reference to other statutory regimes or accreditation schemes. For example a Community Legal Service is a prescribed agency only if it is within the meaning of the Legal Profession Uniform Law Application Act 2014, and certified and accredited under the National Accreditation Scheme for Community Legal Centres (reg 4(d)). Other prescribed agencies are included by statutory continuity, such as the Office of Public Prosecutions continued under s 39 of the Public Prosecutions Act 1994 (reg 4(b)) and Victoria Police within the meaning of the Victoria Police Act 2013 (reg 4(a)).

• Cross‑reference to other Acts: The prescribed list repeatedly cross‑refers to named Acts and defined terms in those Acts, for example the scheme decision maker in the Victims of Crime (Financial Assistance Scheme) Act 2022 (reg 4(da)), the authorised Hub entity under the Family Violence Protection Act 2008 (reg 4(i)), and the Victorian WorkCover Authority continued by the Workplace Injury Rehabilitation and Compensation Act 2013 (reg 4(j)). The Regulations therefore create a legal mesh linking the Act to several other statutory frameworks.

• Limited coverage: The Regulations do not purport to be exhaustive beyond the list in reg 4. They do not create an open power to add agencies, they simply declare which agencies are prescribed. Any change to the list requires amendment of the Regulations, as occurred in 2024 with the insertion of reg 4(da) (Table of Amendments).

These concepts show that the Regulations are an instrument of specification and delimitation, mapping particular organisations and types of funded providers to the status of prescribed agency under s 28(1A) of the Act. The functional qualifiers and the State contract definition operate as the key mechanisms that determine whether an entity falls within the Regulations' reach.

The Regulations affect a defined set of public agencies and funded service providers by naming them as prescribed agencies for the purposes of s 28(1A) of the Victims of Crime Commissioner Act 2015. The list in reg 4 identifies categories and specific statutory entities. The affected parties are:

• Victoria Police, within the meaning of the Victoria Police Act 2013 (reg 4(a)). That statutory agency is explicitly prescribed.

• The Office of Public Prosecutions, as continued under s 39 of the Public Prosecutions Act 1994 (reg 4(b)).

• Victoria Legal Aid, established under s 3 of the Legal Aid Act 1978, but only insofar as it performs functions relating to the provision of services to victims of crime (reg 4(c)).

• Community Legal Services within the meaning of the Legal Profession Uniform Law Application Act 2014, where the Community Legal Service is certified and accredited under the National Accreditation Scheme for Community Legal Centres and only to the extent it performs functions relating to service provision for victims of crime (reg 4(d)).

• The scheme decision maker as defined in the Victims of Crime (Financial Assistance Scheme) Act 2022, added by amendment in 2024 (reg 4(da)).

• The Secretary (unspecified Departmental Secretary in these Regulations), but only to the extent that the Secretary manages or delivers services or programs for victims of crime (reg 4(e)).

• Persons or bodies that receive funding under a State contract to provide specialist victims of crime services, to the extent they perform functions relating to victims of crime (reg 4(f)). The term State contract is defined to include subcontracts (reg 3), which broadens capture to subcontracted providers.

• Persons or bodies that receive funding under a State contract to provide specialist family violence services, again only to the extent they perform functions related to victims of crime (reg 4(g)).

• Persons or bodies that receive funding under a State contract to provide services to victim survivors of sexual assault, to the extent they perform functions relating to victims of crime (reg 4(h)).

• An authorised Hub entity within the meaning of s 144SB of the Family Violence Protection Act 2008, to the extent it performs functions relating to provision of services to victims of crime (reg 4(i)).

• The Victorian WorkCover Authority continued by s 491(1) of the Workplace Injury Rehabilitation and Compensation Act 2013, to the extent it performs functions relating to victims of crime (reg 4(j)).

Two structural points about who is affected follow from the text.

First, the repeated phrase to the extent that limits prescription to particular functions rather than to whole organisations. Entities that have mixed functions will be prescribed only for those parts of their activity that involve provision of services to victims of crime. That creates a functional boundary that affected organisations will need to identify and map internally.

Second, the inclusion of entities funded under State contracts, with State contract defined to include subcontracts (reg 3), captures a range of private and third sector providers who receive State funding for specified services. Those providers will fall within the Regulations only when they perform the relevant victims services. The Regulations therefore affect both public statutory agencies and contracted service providers, but their reach depends on the existence of a State contract and the nature of the services delivered.

Finally, the Regulations affect certified community legal centres only where they are accredited under the National Accreditation Scheme for Community Legal Centres. Unaccredited community legal services are not listed as prescribed agencies under reg 4(d).

The Regulations do not themselves create explicit duties, obligations or rights; their sole operative function is to identify prescribed agencies for the purposes of s 28(1A) of the Victims of Crime Commissioner Act 2015 (reg 1). The Regulations therefore operate as a definitional annex to the Act, not as a source of new substantive obligations.

Consequently, the key legal consequences for the identified organisations derive from the Act and specifically from s 28(1A), not from the Regulations. The Regulations repeatedly tie prescription to functions relating to the provision of services to victims of crime (see regs 4(c), 4(d), 4(e), 4(f), 4(g), 4(h), 4(i) and 4(j)). That indicates that any duties or rights that attach to being a prescribed agency under s 28(1A) will apply functionally, in respect of particular activities.

From the Regulations themselves the following practical implications follow and are relevant for duties and rights analysis.

• Functional limitation: Because the Regulations limit prescription to particular functions, organisations should anticipate that any duties or interactions triggered by prescribed agency status under the Act will arise only in relation to those functions. Organisations must be able to identify which of their activities are "functions relating to the provision of services to victims of crime" for the purposes of applying any downstream statutory duties.

• Contractual coverage: The definition of State contract in reg 3 extends to subcontracts. That means that entities that receive funding under subcontracts may be captured by the Regulations when they provide the specified victims services. Any contractual obligations that flow from being a prescribed agency under the Act may therefore attach to subcontractors as well as principal contractors, insofar as those subcontractors perform victims services.

• Accreditation conditionality for community legal centres: A Community Legal Service is prescribed for the Act’s purposes only if it is certified and accredited under the National Accreditation Scheme for Community Legal Centres (reg 4(d)). For community legal centres, this conditions recognition as a prescribed agency on external accreditation.

• Statutory continuity: Several prescribed agencies are included by reference to their statutory existence or continuation under other Acts (for example reg 4(b) and 4(j)). That means that bodies created, continued or defined by other statutes are directly mapped into the list without additional identification steps.

• Interdependence with other statutory terms: The inclusion of terms defined in other Acts (for example authorised Hub entity, scheme decision maker) creates an interdependence where the interpretation of those terms in their home Acts will determine whether an entity is a prescribed agency under these Regulations.

Because the Regulations do not specify rights or duties themselves, recipients of this designation should consult s 28(1A) of the Act to identify the precise legal effects that flow from being a prescribed agency. The Regulations are therefore a specification tool: they do not replace, but rather trigger, consideration of the Act’s operative provisions.

The Regulations do not create offences, penalties or enforcement mechanisms within their text. There are no penalty provisions, infringement notices, compliance regimes or enforcement discretions set out in the four regulations. The legislative instrument instead identifies prescribed agencies and contains a definition and temporal and amendment metadata in the Endnotes.

Given that absence, any penalties, enforcement powers, compliance mechanisms or directions that apply to prescribed agencies must be found in the primary statute, the Victims of Crime Commissioner Act 2015, or in other relevant Acts to which the Regulations cross‑refer. The Regulations themselves identify the authorising power, s 47 of the Act (reg 2), and indicate the link to s 28(1A) of the Act (reg 1). Enforcement and penalty regimes, if any, will therefore be located in those provisions and elsewhere in the Act.

Two follow-on observations directly grounded in the Regulations are:

• No enforcement text here: Because the Regulations contain no enforcement clauses, they function as declaratory and definitional instruments only. Anyone relying solely on the Regulations for compliance direction will not find guidance on penalties or how the prescribed status is monitored or enforced in this instrument.

• Reliance on Act and other legislation: The references to other statutes and the note that the Regulations were made under s 47 of the Act indicate that enforcement mechanisms, if required, will be drawn from the Act or from cross‑referenced statutes. For example, if being a prescribed agency triggers reporting, information‑sharing or other obligations under the Act, failure to comply with those obligations would be dealt with under the Act. The Regulations do not themselves stipulate any monitoring authority or enforcement process.

Practitioners and compliance officers should therefore not look to the Regulations for penalty regimes, but should instead map obligations in the Act and in any other connected statutes that treat prescribed agencies differently, and then identify the enforcement provisions in those sources.

The Regulations explicitly cross‑refer to several other Acts and statutory instruments. Those cross‑references create linkages that determine who is prescribed and condition the Regulations’ application. The interactions visible in the text are:

• Victims of Crime Commissioner Act 2015: The Regulations are made under s 47 of that Act (reg 2) and exist to prescribe agencies for s 28(1A) of the Act (reg 1). The Regulations therefore operate as subordinate legislation to implement a provision of the Act. The legal effects that flow from being a prescribed agency will be governed by the relevant provisions of the Act, including s 28(1A).

• Victoria Police Act 2013: The Regulations prescribe Victoria Police within the meaning of that Act (reg 4(a)). That links the identity of Victoria Police as defined under the Victoria Police Act directly into the list of prescribed agencies.

• Public Prosecutions Act 1994: The Office of Public Prosecutions is included as the entity continued under s 39 of that Act (reg 4(b)). The continuity provision in the Public Prosecutions Act determines the identity of the Office that is captured.

• Legal Aid Act 1978: Victoria Legal Aid is prescribed by reference to its establishment under s 3 of that Act, though only to the extent it performs functions relating to provision of services to victims of crime (reg 4(c)).

• Legal Profession Uniform Law Application Act 2014 and National Accreditation Scheme for Community Legal Centres: A Community Legal Service is prescribed only if it falls within the meaning of the Legal Profession Uniform Law Application Act and is certified and accredited under the National Accreditation Scheme for Community Legal Centres, again limited to functions relating to victims of crime (reg 4(d)). This creates an interaction between accreditation, uniform law definitions, and the scope of prescription.

• Victims of Crime (Financial Assistance Scheme) Act 2022: The amendment in 2024 inserted a new item, the scheme decision maker under that Act, into the list of prescribed agencies (reg 4(da)). That integrates an office created by the 2022 Act into the Victims of Crime Commissioner Act regime.

• Family Violence Protection Act 2008: An authorised Hub entity within the meaning of s 144SB of that Act is included, to the extent it performs victims services (reg 4(i)). The definition of authorised Hub entity in the Family Violence Protection Act therefore controls inclusion.

• Workplace Injury Rehabilitation and Compensation Act 2013: The Victorian WorkCover Authority, continued under s 491(1) of that Act, is included to the extent it performs functions relating to provision of services to victims of crime (reg 4(j)).

• Subordinate Legislation Act 1994: The Endnotes state that the Regulations will sunset 10 years after the day of making on 30 June 2030, referencing s 5 of the Subordinate Legislation Act 1994 (Endnotes, General information). This establishes a temporal interaction with the subordinate legislation framework.

• Interpretation of Legislation Act 1984: The Endnotes record that style changes authorised by the Interpretation of Legislation Act 1984 apply and explain several interpretive and stylistic consequences for the statutory rule publication (Endnotes, Interpretation of Legislation Act 1984).

These interactions mean that interpretation of key terms in the Regulations will often require consulting the definitions and provisions in the other Acts named. For example, whether a person or body is an authorised Hub entity depends on the Family Violence Protection Act definition; whether a community legal service is prescribed depends on accreditation status and the meaning of Community Legal Service under the uniform law Act; whether a funded provider is captured depends on whether the funding arises under a State contract as defined in reg 3, and that definition includes subcontracts.

Because the Regulations are a bridge between the Act and a range of other legal regimes, accurate compliance and legal analysis requires cross‑referencing those statutes to determine consequences and operative rights or obligations.

The Regulations were made on 30 June 2020 and came into operation the same day, 30 June 2020 (Endnotes, General information). The printed version included here is Version No. 002, which incorporates amendments as at 18 November 2024.

A single amendment is recorded in the Table of Amendments. Victims of Crime Commissioner Amendment Regulations 2024, S.R. No. 128/2024, made on 12 November 2024 and commencing 18 November 2024, inserted reg 4(da). That amendment added the scheme decision maker, within the meaning of the Victims of Crime (Financial Assistance Scheme) Act 2022, into the list of prescribed agencies (reg 4(da) inserted by S.R. No. 128/2024 reg 4). The Table of Amendments records the date of making and the date of commencement for that instrument.

Other amendment‑relevant material appears in the Endnotes concerning style and interpretation, which explains that the Interpretation of Legislation Act 1984 authorises certain style changes and that various interpretive consequences follow from amendments made on or after 1 January 2001 (Endnotes, Interpretation of Legislation Act 1984). Those notes govern how headings, examples, punctuation, provision numbers and legislative items are to be read in the printed Statutory Rule. They do not change the operative content of the Regulations, but they affect interpretation and publication.

The Endnotes also record that the Regulations will sunset on 30 June 2030 under s 5 of the Subordinate Legislation Act 1994 (Endnotes, General information). That sunset date is an automatic expiry unless earlier amended by statute. Any further additions to the list of prescribed agencies will need to be made by a subsequent statutory rule amending reg 4. The 2024 amendment demonstrates the mechanism for change, namely the making of an amendment Statutory Rule.

The Explanatory details section contains "No entries at date of publication", indicating that no additional explanatory material accompanies this consolidated version beyond the usual Endnotes and Table of Amendments.

The text supplied contains no entries of litigation history. The Endnotes include an Explanatory details section which states "No entries at date of publication", and there are no case citations, judgments, or references to litigation in the Regulations themselves, the Table of Amendments, or the Endnotes. The Regulations therefore present no recorded litigation history within this published instrument.

Because the Regulations operate by reference to provisions in the Victims of Crime Commissioner Act 2015 and to other Acts, litigation that concerns the practical application, interpretation or consequences of prescribed agency status would ordinarily be expected to appear in case law concerning those primary statutes. However, the Regulations document provided contains no such references, and the Regulations themselves do not record any judicial consideration or disputes.

Practitioners seeking litigation materials relevant to issues that might arise from these Regulations should therefore consult case law on the Victims of Crime Commissioner Act 2015 and any of the cross‑referenced Acts, rather than looking for litigation reported against the Regulations themselves. The Regulations as published here contain no litigation record.

The Regulations are brief, but a number of concrete traps for the unwary arise from their wording and cross‑references.

• "To the extent that" qualifier: Many entries in reg 4 include the phrase to the extent that the entity performs functions relating to the provision of services to victims of crime (see regs 4(c), 4(d), 4(e), 4(f), 4(g), 4(h), 4(i) and 4(j)). That qualifier means that organisations with mixed or broader mandates are prescribed only in respect of certain functions. The practical implication is that entities must identify and document which of their activities are functions relating to the provision of services to victims of crime. Failure to draw that line internally could lead to misunderstandings about whether a given activity attracts any duties tied to being a prescribed agency under s 28(1A) of the Act.

• Subcontract capture: The definition of State contract in reg 3 expressly includes subcontracts made under the contract. That broadens capture to subcontractors, not just primary contractors (reg 3). Organisations that supply services under subcontract to State contractors should not assume they are outside the Regulations; whether they are prescribed depends on whether the subcontract is a State contract as defined and whether they perform the relevant victims services.

• Accreditation requirement for community legal centres: Reg 4(d) makes prescription conditional on both being within the meaning of the Legal Profession Uniform Law Application Act 2014 and being certified and accredited under the National Accreditation Scheme for Community Legal Centres. Organisations that provide legal assistance but are not accredited as required will not be on the prescribed list. Accreditation status therefore determines inclusion.

• Dependencies on definitions in other Acts: Several prescribed items rely on terms or continuations defined in other legislation, for example authorised Hub entity (Family Violence Protection Act 2008, s 144SB), scheme decision maker (Victims of Crime (Financial Assistance Scheme) Act 2022), and Office of Public Prosecutions continued under s 39 of the Public Prosecutions Act 1994. Interpretation of those cross‑referenced terms depends on the home Acts. Misreading the cross‑references could lead to erroneous inclusion or exclusion.

• No procedural or enforcement detail here: The Regulations do not spell out what being a prescribed agency means in practice (for example reporting obligations, information sharing, or cooperation duties). Any such consequences lie in the Act. Treating the Regulations as the source of operational obligations is a mistake; they only identify who is prescribed.

• Temporal expiry: The Regulations will sunset on 30 June 2030 pursuant to the Subordinate Legislation Act 1994 (Endnotes, General information). Users should be aware of that expiry date; reliance on the list after that date without checking for renewal or replacement would be a risk.

• Amendment trail: The single recorded amendment in 2024 inserted reg 4(da). Practitioners should monitor Statutory Rules for further amendments if additional agencies are added or wording is changed. The Table of Amendments provides a model for how the Regulations are changed, but absence of further entries does not guarantee no future change.

• Narrow definition of "State contract": While reg 3 defines State contract to include subcontracts, it says nothing else about the character of those contracts. Parties should not infer additional limits or thresholds in the definition beyond what is written.

Being alert to these textual features and cross‑references will reduce the risk of misapplying the Regulations when determining whether an entity is a prescribed agency for the purposes of s 28(1A) of the Victims of Crime Commissioner Act 2015.

Because the Regulations themselves do not impose operational duties, compliance work divides into two tasks: (1) determining whether an organisation is a prescribed agency under these Regulations; and (2) if prescribed, identifying which obligations attached to prescribed agency status under the Victims of Crime Commissioner Act 2015 and other laws apply to the organisation’s activities.

Practical steps grounded in the Regulations:

1. Map statutory identity and functions against reg 4

   • Check whether your organisation is named in reg 4 by literal reference, for example Victoria Police (reg 4(a)) or the Office of Public Prosecutions (reg 4(b)).
   • For entities named subject to function‑based qualification, carry out a function mapping exercise to identify which parts of your work are "functions relating to the provision of services to victims of crime", because prescription operates only to that extent (see regs 4(c)-(j)).

2. Check accreditation and statutory definitions

   • If you are a Community Legal Service, confirm whether you are within the meaning of the Legal Profession Uniform Law Application Act 2014 and whether you are certified and accredited under the National Accreditation Scheme for Community Legal Centres (reg 4(d)). Accreditation status is a predicate for prescription.

3. Inspect contract status and subcontract relationships

   • If you receive State funding, determine whether the funding is provided under a State contract. Reg 3 defines State contract to include subcontracts, so subcontractors providing specialist victims services, family violence services, or services to sexual assault survivors may be prescribed (regs 3, 4(f)-(h)). Keep formal contract documents and funding instruments to evidence the contractual basis of any funding.

4. Document functional coverage and boundaries

   • Because the Regulations limit prescription to specified functions, maintain clear documentation that shows which programs, staff roles and funding streams deliver services to victims of crime. This evidence will be relevant when assessing which parts of an organisation’s operations are within the scope of any obligations flowing from being a prescribed agency.

5. Cross‑reference other statutes

   • Where the Regulations refer to terms defined in other Acts (for example authorised Hub entity under s 144SB of the Family Violence Protection Act 2008, or the scheme decision maker under the Victims of Crime (Financial Assistance Scheme) Act 2022 as inserted in 2024), consult those Acts to confirm whether your entity meets the relevant statutory definition. Accurate legal classification depends on reading the definitions across instruments.

6. Monitor regulatory amendments and sunset date

   • Note the 2024 amendment that added reg 4(da) (Table of Amendments). Implement a process to monitor the Victorian Statutory Rules register for further amendments. Also calendar the sunset date of 30 June 2030 so you do not rely on the current list after expiry without checking for re‑enactment or replacement (Endnotes, General information).

7. Link to obligations in the Act

   • Once you have determined that your organisation, or particular functions, are within the Regulations, identify the operative obligations tied to being a prescribed agency under s 28(1A) of the Victims of Crime Commissioner Act 2015 and any related provisions. The Regulations do not set those obligations, so compliance requires reading the Act and any relevant subordinate instruments or guidance issued under the Act.

8. Maintain records and audit trails

   • Keep records demonstrating how you concluded that you are (or are not) a prescribed agency, including copies of contracts, subcontract arrangements, accreditation certificates, program descriptions and decision logs. The Regulations’ emphasis on the extent of functions and contract status suggests evidentiary value in such documentation.

9. Seek confirmation if uncertain

   • If classification remains unclear after internal mapping and statutory cross‑checking, consider seeking a formal interpretation from the Victims of Crime Commissioner or legal advice, because the Regulations operate by reference to the Act and related statutes and the practical consequences will depend on those primary provisions.

These steps will help organisations determine whether they fall within the Regulations’ list and prepare for any duties that flow from that status under the Act. The Regulations are a list, not an obligation text; compliance therefore depends on connecting the label in these Regulations to the operative responsibilities established elsewhere.