Version incorporating amendments as at
27 February 2026
TABLE OF PROVISIONS
Regulation Page
1 Objectives 1
2 Authorising provision 2
3 Commencement 2
4 Revocation 2
5 Definitions 2
6 Application fees 5
7 Social Services Regulator may reduce, waive or refund payment of fees 5
8 Disciplinary or regulatory entities 6
9 Relevant disciplinary or regulatory findings 7
10 NDIS worker screening laws 13
12 Notification of change to personal particulars 14
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Endnotes 15
1 General information 15
2 Table of Amendments 17
3 Explanatory details 18
Version No.005
Worker Screening Regulations 2021
S.R. No. 2/2021
Version incorporating amendments as at
27 February 2026
1 Objectives
The objectives of these Regulations are—
(a) to prescribe fees for applications under the Worker Screening Act 2020 and make provision for their waiver, reduction or refund; and
Reg. 1(b) amended by S.R. No. 3/2026 reg. 5.
(b) to provide for offences relating to a failure by an applicant for a screening check or a holder of a clearance to notify the Social Services Regulator of a change in the applicant's or holder's personal particulars; and
(c) to prescribe laws of another State or a Territory that provide for screening of persons who are to be employed or engaged in risk assessed roles for the purposes of the Worker Screening Act 2020; and
(d) to prescribe disciplinary or regulatory entities for the purposes of certain sections of the Worker Screening Act 2020; and
(e) to prescribe relevant disciplinary or regulatory findings for the purposes of certain sections of the Worker Screening Act 2020; and
(f) to prescribe persons for the purposes of section 146(b) of the Worker Screening Act 2020.
2 Authorising provision
These Regulations are made under section 150 of the .
These Regulations come into operation on 1 February 2021.
4 Revocation
The following Regulations are revoked—
(a) the Working with Children Regulations 2016[1];
(b) the Working with Children Amendment (Reportable Conduct) Regulations 2017[2].
5 Definitions
In these Regulations—
Reg. 5 def. of Australian Children's Education and Care Quality Authority inserted by S.R. No. 71/2025 reg. 4(1).
Australian Children's Education and Care Quality Authority means the National Authority established under section 224 of the Education and Care Services National Law Act 2010;
Commission for Children and Young People means the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012;
Reg. 5 def. of Disability Worker Registration Board of Victoria inserted by S.R. No. 71/2025 reg. 4(1).
Disability Worker Registration Board of Victoria means the Disability Worker Registration Board of Victoria established under section 8 of the Disability Service Safeguards Act 2018;
Reg. 5 def. of Health Panel inserted by S.R. No. 71/2025 reg. 4(1).
Health Panel means a health panel established under section 103 of the Disability Service Safeguards Act 2018;
Reg. 5 def. of Hearing Panel inserted by S.R. No. 71/2025 reg. 4(1).
Hearing Panel means a panel for a formal hearing appointed under section 2.6.42 of the Education and Training Reform Act 2006;
personal particulars means—
(a) a person's full name and any other name by which the person is or has been known; and
(b) a person's date of birth; and
(c) a person's residential address; and
(d) a person's electronic address; and
(e) any telephone number provided as a person's telephone number in relation to that person's application for a screening check or that person's clearance;
Reg. 5 def. of Social Services Regulator inserted by S.R. No. 71/2025 reg. 4(1).
Social Services Regulator means the Social Services Regulator established under section 4 of the Social Services Regulation Act 2021;
Reg. 5 def. of Suitability Panel amended by S.R. No. 71/2025 reg. 4(2)(a).
Suitability Panel means the Suitability Panel established under Part 3.4 of the Children, Youth and Families Act 2005, as in force immediately before the commencement of section 352 of the Social Services Regulation Act 2021;
the Act means the Worker Screening Act 2020;
Reg. 5 def. of Victorian Disability Worker Commission inserted by S.R. No. 71/2025 reg. 4(1).
Victorian Disability Worker Commission means the Victorian Disability Worker Commission established under section 21 of the Disability Service Safeguards Act 2018;
Reg. 5 def. of Victorian Disability Worker Commis-sioner inserted by S.R. No. 71/2025 reg. 4(1).
Victorian Disability Worker Commissioner means the Victorian Disability Worker Commissioner appointed under section 26 of the Disability Service Safeguards Act 2018;
Reg. 5 def. of Victorian Institute of Teaching amended by S.R. No. 71/2025 reg. 4(2)(b).
Victorian Institute of Teaching means the Victorian Institute of Teaching continued under Part 2.6 of the Education and Training Reform Act 2006;
Reg. 5 def. of WCES Panel inserted by S.R. No. 71/2025 reg. 4(1).
WCES Panel means a panel convened under section 68 of the Social Services Regulation Act 2021.
6 Application fees
The prescribed fee for an application referred to in column 2 of the Table is the corresponding fee set out in column 3 of the Table.
Table
No.
Type of application
Fee
1
An application for an NDIS check under section 15 of the Act
8⸱06 fee units
2
An application for a WWC check under section 54 of the Act for child-related work that is for profit or gain (other than an application described in item 3)
8⸱06 fee units
3
An application for a WWC check under section 54 of the Act for child-related work that is for profit or gain applied for in accordance with section 74 of the Act
6⸱1 fee units
4
An application for the replacement of a WWC clearance document for child-related work that is for profit or gain
0⸱5 fee unit
Reg. 7 (Heading) amended by S.R. No. 3/2026 reg. 6(1).
Reg. 7 amended by S.R. No. 3/2026 reg. 6(2).
7 Social Services Regulator may reduce, waive or refund payment of fees
The Social Services Regulator may, before or after any application referred to in the Table in regulation 6 is made—
(a) reduce or waive the corresponding fee set out in that Table; or
(b) refund payment of the corresponding fee set out in that Table either in whole or in part.
Reg. 8 substituted by S.R. No. 71/2025 reg. 5.
8 Disciplinary or regulatory entities
For the purposes of sections 15(2)(b) and (c), 18(2)(a), 21(3)(f), 40(1)(a), 54(2)(b) and (c), 58(2)(a), 81(1)(a), 97(2)(b)(ii), 104(b) and 109(b) of the Act, the following are prescribed to be disciplinary or regulatory entities—
(a) the Commission for Children and Young People;
(b) the Suitability Panel;
(c) the Victorian Institute of Teaching;
(d) the NDIS Commissioner;
(e) a Health Panel;
(f) a WCES Panel;
(g) a Regulatory Authority within the meaning of section 5 of the Education and Care Services National Law (Victoria);
(h) the Regulatory Authority within the meaning of section 3(1) of the Children's Services Act 1996;
(i) the Victorian Disability Worker Commissioner;
(j) the Victorian Disability Worker Commission;
(k) the Disability Worker Registration Board of Victoria;
(l) the Social Services Regulator;
(m) a Hearing Panel;
(n) VCAT;
(o) the Australian Children's Education and Care Quality Authority.
Reg. 9 substituted by S.R. No. 71/2025 reg. 6.
9 Relevant disciplinary or regulatory findings
For the purposes of sections 27(1)(e), 34(2)(e), 37(2)(e), 38(1)(b), 45(1)(e), 64(1)(a), 72(2)(e), 77(2)(f), 78(1)(b) and 86(1)(a) of the Act, the following are prescribed to be relevant disciplinary or regulatory findings—
(a) a determination by a Hearing Panel under section 2.6.46(2) of the Education and Training Reform Act 2006 to do one or more of the following—
(i) impose conditions, limitations or restrictions on the registration of the teacher;
(ii) suspend the registration of the teacher for the period and subject to the conditions, limitations and restrictions, if any, specified in the determination;
(iii) cancel the registration of the teacher;
(b) a decision by the Victorian Institute of Teaching made under Division 8A of Part 2.6 of the Education and Training Reform Act 2006 to suspend any or all registrations held by a person under that Part;
(c) a finding by the Suitability Panel under section 106 of the Children, Youth and Families Act 2005 as in force immediately before the commencement of section 352 of the Social Services Regulation Act 2021 that a person should be disqualified from registration under Part 3.4 of that Act as in force immediately before that commencement;
Reg. 9(d) substituted by S.R. No. 3/2026 reg. 7(1).
(d) a finding that a person has committed reportable conduct that is the subject of a notification by the Commission for Children and Young People under section 16ZD(1) of the Child Wellbeing and Safety Act 2005, as in force immediately before the commencement of section 54 of the Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025;
(e) an order made by the NDIS Commissioner under section 73ZN of the NDIS Act prohibiting or restricting specified activities by an NDIS provider or a person who is employed or otherwise engaged by an NDIS provider;
(f) an interim exclusion issued by the Social Services Regulator under section 70(1) of the Social Services Regulation Act 2021 excluding a WCES worker or carer from providing WCES services;
(g) an interim exclusion issued by a WCES Panel under section 70(2) of the Social Services Regulation Act 2021 excluding a WCES worker or carer from providing WCES services;
(h) a determination by a WCES Panel made under section 79(1)(a) of the Social Services Regulation Act 2021 to exclude a person from providing a WCES service or a specified class of WCES services;
(i) a prohibition notice given by the Regulatory Authority under section 182(1) of the Education and Care Services National Law (Victoria) to a person involved in the provision of an approved education and care service if the Regulatory Authority considers that there may be an unacceptable risk of harm to a child or children if the person were allowed—
(i) to remain on the education and care service premises; or
(ii) to provide education and care to children;
(j) a prohibition notice given by the Regulatory Authority under section 182(3) of the Education and Care Services National Law (Victoria) to a person to—
(i) prohibit the person from being nominated as a nominated supervisor if the Regulatory Authority considers the person is not a fit and proper person to be nominated as a nominated supervisor of a service; or
(ii) impose one or more conditions on the nomination of the person as a nominated supervisor that the Regulatory Authority considers appropriate, if the Regulatory Authority considers the person is a fit and proper person to be nominated as a nominated supervisor of a service subject to those conditions;
(k) a prohibition notice given by the Regulatory Authority under section 123(1) of the Children's Services Act 1996 to a person who is in any way involved in the provision of an approved children's service if the Regulatory Authority considers that there may be an unacceptable risk of harm to a child or children if the person were allowed—
(i) to remain on the children's service premises; or
(ii) to provide education and care to children;
(l) a prohibition notice given by the Regulatory Authority under section 123(3) of the Children's Services Act 1996 to a person to—
(i) prohibit the person from being nominated as a nominated supervisor if the Regulatory Authority considers the person is not a fit and proper person to be nominated as a nominated supervisor of a service; or
(ii) impose one or more conditions on the nomination of the person as a nominated supervisor that the Regulatory Authority considers appropriate, if the Regulatory Authority considers the person is a fit and proper person to be nominated as a nominated supervisor of a service subject to those conditions;
(m) a decision made by the Disability Worker Registration Board of Victoria under section 74 of the Disability Service Safeguards Act 2018 to take immediate action as defined in section 73 of that Act to do one or more of the following—
(i) suspending, or imposing a condition on, a registered disability worker's or disability student's registration;
(ii) accepting the surrender of a registered disability worker's or disability student's registration;
(iii) in the case of a registered disability worker or a disability student whose registration is suspended or cancelled, prohibiting the registered disability worker or disability student from providing a specified disability service or all disability services;
(n) a decision made by a Health Panel under section 113(5)(a) of the Disability Service Safeguards Act 2018 to suspend a registered disability worker's registration;
(o) a decision made by a Health Panel under section 113(6) of the Disability Service Safeguards Act 2018 to suspend a disability student's registration;
(p) an interim prohibition order made by the Victorian Disability Worker Commissioner under section 130(1) of the Disability Service Safeguards Act 2018 prohibiting or imposing conditions upon the provision of disability services by an unregistered disability worker for a period of up to 12 weeks;
(q) a prohibition order made by the Victorian Disability Worker Commissioner under section 132(1) of the Disability Service Safeguards Act 2018 prohibiting or imposing conditions upon the provision of disability services by an unregistered disability worker for a specified period or permanently;
(r) an order made by VCAT under section 213(2) of the Disability Service Safeguards Act 2018 after making a determination referred to in section 213(1)(b) of that Act to do one or more of the following—
(i) impose a condition on a disability worker's registration;
(ii) suspend a disability worker's registration for a specified period;
(iii) cancel a disability worker's registration;
Reg. 9(s) amended by S.R. No. 3/2026 reg. 7(2).
(s) an order made by VCAT under section 214(2) of the Disability Service Safeguards Act 2018 to suspend or impose a condition upon a disability student's registration;
Reg. 9(t) inserted by S.R. No. 3/2026 reg. 7(3), amended by S.R. No. 3/2026 reg. 8(1).
(t) a finding that a person has committed reportable conduct within the meaning of Part 5A of the Child Wellbeing and Safety Act 2005;
Reg. 9(u) inserted by S.R. No. 3/2026 reg. 8(2).
(u) a notice given by the Regulatory Authority under section 178(4)(c)(i) of the Education and Care Services National Law (Victoria) to an approved provider directing the provider to suspend the provision of education and care of children by a family day care educator;
Reg. 9(v) inserted by S.R. No. 3/2026 reg. 8(2).
(v) a notice given by the Regulatory Authority under section 178A(1) of the Education and Care Services National Law (Victoria) to an approved provider directing the provider to suspend the provision of education and care by a staff member of an education and care service (other than a family day care educator), or by a volunteer at a service;
Reg. 9(w) inserted by S.R. No. 3/2026 reg. 8(2).
(w) a notice given by the Regulatory Authority under section 178B(1) of the Education and Care Services National Law (Victoria) to an approved provider of an education and care service directing the provider to suspend the provision of education and care by a nominated supervisor of the service;
Reg. 9(x) inserted by S.R. No. 3/2026 reg. 8(2).
(x) a notice given by the Regulatory Authority under section 178BA(2) of the Education and Care Services National Law (Victoria) to a person directing the person to cease providing education and care;
Reg. 9(y) inserted by S.R. No. 3/2026 reg. 8(2).
(y) a notice given by the Regulatory Authority under section 178C(1) of the Education and Care Services National Law (Victoria) to an approved provider of an education and care service directing the provider to ensure that a staff member of the service (other than a family day care co-ordinator), or a volunteer at the service, is directly supervised while providing education and care to children as part of the service;
Reg. 9(z) inserted by S.R. No. 3/2026 reg. 8(2).
(z) a prohibition notice given by the Regulatory Authority under section 182(4) of the Education and Care Services National Law (Victoria) to an approved provider if a related provider of the approved provider is subject to a prohibition notice that is in force under the Education and Care Services National Law (Victoria) as applying in any participating jurisdiction.
10 NDIS worker screening laws
For the purposes of the Act, the following are prescribed to be corresponding NDIS worker screening laws—
(a) the National Disability Insurance Scheme (Worker Checks) Act 2018 of New South Wales;
(b) the Disability Inclusion Act 2018 of South Australia;
(c) the Registration to Work with Vulnerable People Act 2013 of Tasmania;
(d) the Working with Vulnerable People (Background Checking) Act 2011 of the Australian Capital Territory;
(e) the National Disability Insurance Scheme (Worker Clearance) Act 2020 of the Northern Territory;
(f) the National Disability Insurance Scheme (Worker Screening) Act 2020 of Western Australia;
(g) the Disability Services Act 2006 of Queensland.
Reg. 11 revoked by S.R. No. 3/2026 reg. 9.
12 Notification of change to personal particulars
Reg. 12(1) amended by S.R. No. 3/2026 reg. 10.
(1) A person who has made an application for a screening check and the application is still pending must notify the Social Services Regulator of any change to the applicant's personal particulars within 21 days of becoming aware of the change.
Penalty: 1 penalty unit.
Reg. 12(2) amended by S.R. No. 3/2026 reg. 10.
(2) A person who holds a clearance must notify the Social Services Regulator of any change to the person's personal particulars within 21 days of becoming aware of the change.
Penalty: 1 penalty unit.
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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 Worker Screening Regulations 2021, S.R. No. 2/2021 were made on 27 January 2021 by the Governor in Council under section 150 of the Worker Screening Act 2020, No. 34/2020 and came into operation on 1 February 2021: regulation 3.
The Worker Screening Regulations 2021 will sunset 10 years after the day of making on 27 January 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 Worker Screening Regulations 2021 by statutory rules, subordinate instruments and Acts.
Reg. 4(a): S.R. No. 9/2016 as amended by S.R. No. 59/2017. ↑
Reg. 4(b): S.R. No. 59/2017.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2025 is $16.81. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee 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 fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
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. ↑