1Purposes

The purposes of this Act are—

(a)

to provide for the delivery of Government services to the public by Service Victoria; and

S. 1(b) amended by No. 5/2024 s. 5(1).

(b)

to provide for the provision of identity verification functions by the Service Victoria CEO; and

S. 1(c) inserted by No. 5/2024 s. 5(2).

(c)

to provide for a central point for public access to Government services; and

S. 1(d) inserted by No. 5/2024 s. 5(2).

(d)

to support the transformation of the digital provision of Government services through Service Victoria.

2Commencement

(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 30 September 2018, it comes into operation on that day.

3Definitions

In this Act—

S. 3 def. of account information repealed by No. 5/2024 s. 25.

* * * * *

S. 3 def. of authority amended by No. 6/2022 s. 4(a).

authority means a licence, permit, approval, authority or other authorisation (by whatever name) given, granted or issued under law;

S. 3 def. of credential usage history repealed by No. 5/2024 s. 25.

* * * * *

consent means express consent or implied consent;

S. 3 def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 91).

Council has the same meaning as in the Local Government Act 2020;

S. 3 def. of customer service function substituted by No. 6/2022 s. 4(b), amended by No. 5/2024 s. 4(2)(3).

customer service function means a function, other than an identity verification function or the issue of an electronic identity credential, of the following kind—

(a)

receiving an application or a request for an authority or official information document;

(b)

receiving payment of any appropriate fee required to be paid in respect of an application or request for an authority or official information document;

(ba)

issuing an authority or official information document;

(c)

delivering an authority or official information document;

(d)

receiving an application or a request—

(i)

for registration; or

(ii)

in relation to any program or service offered by or on behalf of the State, a service agency or a non-Victorian government agency;

(e)

receiving or making a payment, including but not limited to—

(i)

receiving a payment of a fee in relation to an application or a request referred to in paragraph (d); or

(ii)

receiving a payment of a fee or fine from a non-government entity;

(f)

receiving or delivering information—

(i)

to meet a requirement under law; or

(ii)

otherwise for the purposes of a program or service offered by or on behalf of the State, a service agency or a non-Victorian government agency;

(g)

a function prescribed to be a customer service function;

S. 3 def. of customer service information substituted by No. 6/2022 s. 4(c), repealed by No. 5/2024 s. 25.

* * * * *

customer service standards means the standards developed under section 20;

S. 3 def. of digital token inserted by No. 6/2022 s. 4(n).

digital token means a digital version of an authority or official information document that is accessible through a software application on an electronic device;

S. 3 def. of electronic document inserted by No. 6/2022 s. 4(n).

electronic document means a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both;

S. 3 def. of electronic identity credential substituted by No. 5/2024 s. 18(1).

electronic identity credential means an electronic identity credential issued by the Service Victoria CEO in accordance with the identity verification standards;

S. 3 def. of function amended by No. 5/2024 s. 4(4).

function includes power and duty;

Health Complaints Commissioner means the Commissioner within the meaning of the Health Complaints Act 2016;

health information has the same meaning as in the Health Records Act 2001;

identifier has the same meaning as in the Health Records Act 2001;

identity document means a document that purports to provide evidence of an individual's identity specified in the identity verification standards;

S. 3 def. of identity information amended by No. 6/2022 s. 4(d).

identity information means, in relation to an individual—

(a)

an identity document or other information that an individual provides to the Service Victoria CEO for the purposes of verifying the individual's identity under Part 6; and

(b)

any other prescribed information;

S. 3 def. of identity verification function substituted by No. 6/2022 s. 4(e), amended by No. 5/2024 s. 4(5).

identity verification function means a function—

(a)

that requires—

(i)

an individual to provide information for the purpose of verifying the individual's identity; or

(ii)

information to be obtained for the purpose of verifying an individual's identity; or

(iii)

the verification of an individual's identity; or

(b)

that is prescribed to be an identity verification function;

identity verification standards means the standards made by the Minister under Part 6;

Information Commissioner means the person appointed under section 6C of the Freedom of Information Act 1982;

level of assurance means—

(a)

in relation to an electronic identity credential, the degree of confidence that a credential is taken to provide as set out in the identity verification standards; or

(b)

in relation to an identity verification function, the level of assurance required for the purposes of that function as set out in the identity verification standards;

S. 3 def. of non-government entity inserted by No. 5/2024 s. 4(1).

non-government entity means—

(a)

any entity other than—

(i)

a service agency or a non‑Victorian government agency; or

(ii)

a special body or the equivalent of a special body that is established by or under the law of the Commonwealth or another State or a Territory; or

(b)

any entity prescribed to be a non‑government entity;

S. 3 def. of non-Victorian government agency inserted by No. 6/2022 s. 4(n).

non-Victorian government agency means—

(a)

the equivalent of a service agency that is established by or under, or holds an office or position under, the law of the Commonwealth or another State or a Territory, but does not include the equivalent of a special body other than a police force of the Commonwealth or another State or a Territory; or

(b)

a prescribed entity or class of entity;

S. 3 def. of non-Victorian government agency head inserted by No. 6/2022 s. 4(n).

non-Victorian government agency head means—

(a)

in the case of a Minister of the Commonwealth or another State or a Territory—that Minister; or

(b)

in the case of a body corporate that is a non-Victorian government agency—the chief executive officer (by whatever name called) of the body corporate; or

(c)

in the case of a police force of the Commonwealth or another State or a Territory—the head or chief commissioner of the police force; or

(d)

in the case of an entity or class of entity that is prescribed to be a non-Victorian government agency—the person or class of person prescribed to be the non‑Victorian government agency head for the non-Victorian government agency; or

(e)

in any other case, a person authorised under the law of the Commonwealth or another State or a Territory to enter into an agreement with the Service Victoria CEO for the performance of functions;

S. 3 def. of official information document amended by Nos 34/2020 s. 240, 6/2022 s. 4(f).

official information document means a document (by whatever name) given or issued by a service agency or non-Victorian government agency, or a service agency head or non-Victorian government agency head, containing information held by a service agency or non‑Victorian government agency relating to an individual, a matter or a thing;

Example

Birth certificate.

S. 3 def. of ongoing electronic identity credential repealed by No. 5/2024 s. 18(2).

* * * * *

personal information has the same meaning as in the Privacy and Data Protection Act 2014;

public entity has the same meaning as in the Public Administration Act 2004;

public service body has the same meaning as in the Public Administration Act 2004;

regulated information means personal information, health information, identifiers and unique identifiers;

service agency has the meaning given by section 4;

S. 3 def. of service agency database inserted by No. 6/2022 s. 4(n).

service agency database means a database established and maintained under section 47A or 47B;

S. 3 def. of service agency function repealed by No, 6/2022 s. 4(o).

* * * * *

S. 3 def. of service agency head amended by No, 6/2022 s. 4(g)–(k).

service agency head means—

(aa)

in the case of a Minister—that Minister; or

(a)

in the case of a public service body—the public service body Head within the meaning of the Public Administration Act 2004; or

(b)

in the case of a public entity that is a body corporate—the chief executive officer (by whatever name called) of the entity; or

(c)

in the case of a public entity that is an unincorporated body—the secretary or chairperson of the committee managing the affairs of the entity; or

(d)

in the case of Victoria Police—the Chief Commissioner of Police within the meaning of the Victoria Police Act 2013; or

(da)

in the case of a Council—the chief executive officer of the Council; or

(e)

in the case of a person described in section 4(1)(e)—that person; or

(f)

in the case of a person prescribed under section 4(1)(f)—the person prescribed to be the service agency head for that service agency;

S. 3 def. of service agency Minister amended by No. 6/2022 s. 4(l).

service agency Minister, in relation to a customer service function or identity verification function, means the Minister responsible for administering the enactment that confers the function on the service agency;

Service Victoria means—

(a)

if an Administrative Office within the meaning of the Public Administration Act 2004 is prescribed, that Administrative Office; or

(b)

if no Administrative Office is prescribed, the Department responsible to the Minister administering this Act;

Service Victoria CEO means the person employed under section 12(2) of the Public Administration Act 2004 as the Head of Service Victoria;

S. 3 def. of Service Victoria database repealed by No. 5/2024 s. 25.

* * * * *

special body has the same meaning as in the Public Administration Act 2004;

S. 3 def. of temporary electronic identity credential repealed by No. 5/2024 s. 18(2).

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transferred customer service function means a customer service function that is, by operation of Part 2, transferred to the Service Victoria CEO;

transferred identity verification function means an identity verification function that is, by operation of Part 3, transferred to the Service Victoria CEO;

S. 3 def. of transaction substituted by No. 6/2022 s. 4(m).

transaction includes—

(a)

any transaction in the nature of a contract, agreement, application, registration or other arrangement; and

(b)

any statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract, agreement, application, registration or other arrangement; and

(c)

any transaction of a non‑commercial nature;

unique identifier has the meaning given in Schedule 1 to the Privacy and Data Protection Act 2014;

Victoria Police has the same meaning as in the Victoria Police Act 2013.

4Meaning of service agency

(1)

A service agency is any of the following—

S. 4(1)(aa) inserted by No. 6/2022 s. 5(a).

(aa)

a Minister;

S. 4(1)(a) amended by No. 6/2022 s. 5(b).

(a)

a public service body (other than Service Victoria if an Administrative Office is prescribed);

(b)

a public entity;

(c)

Victoria Police;

(d)

a Council;

S. 4(1)(e) amended by No. 6/2022 s. 5(c).

(e)

a person holding an office or position established by or under an Act (other than the office of member of the Parliament of Victoria) or to which the person was appointed by the Governor in Council, or by a Minister, otherwise than under an Act;

S. 4(1)(f) inserted by No. 6/2022 s. 5(d).

(f)

a person (other than a special body) prescribed to be a service agency.

(2)

A service agency does not include a special body (other than Victoria Police).

S. 4A inserted by No. 6/2022 s. 6.

4AAct binds the Crown

This Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities.

5Transfer of customer service functions

S. 5(1) substituted by No. 6/2022 s. 7.

(1)

Subject to subsection (3), the Minister and the service agency Minister may agree for the Service Victoria CEO to perform a customer service function that—

(a)

is conferred on a service agency under an enactment (whether express or implied); and

(b)

is to be prescribed as a transferred customer service function.

(2)

An agreement under subsection (1) must be in writing and a copy of it must be given to the service agency head and the Service Victoria CEO.

(3)

If the Minister is the service agency Minister, the Minister may publish a notice in the Government Gazette that—

(a)

the customer service function is to be prescribed as a transferred customer service function; and

(b)

as a result of that prescription, the Service Victoria CEO is to perform the function.

(4)

A copy of a notice under subsection (3) must be given to the service agency head and the Service Victoria CEO.

(5)

Despite anything to the contrary in the enactment that confers a customer service function on a service agency, on the commencement of a regulation that prescribes the customer service function to be a transferred customer service function—

(a)

the customer service function is to be performed by the Service Victoria CEO; and

(b)

the service agency cannot perform the customer service function unless it is delegated to the service agency head under section 8.

(6)

A regulation prescribing a customer service function to be a transferred customer service function must not be made unless—

(a)

an agreement has been made under subsection (1) in respect of that function; or

(b)

a notice has been published under subsection (3) in respect of that function.

6Service Victoria CEO and service agency head must give effect to agreement or notice

The Service Victoria CEO and a service agency head must use best endeavours to give effect to an agreement under section 5(1) or a notice under section 5(3) that applies to them.

7Transfer back of customer service functions to service agency

(1)

Subject to subsection (2), the Minister and the service agency Minister may agree for the transfer back to a service agency of any transferred customer service function.

(2)

If the Minister is the service agency Minister, the Minister may publish a notice in the Government Gazette that—

(a)

the transferred customer service function is to be prescribed as a revoked customer service function; and

(b)

as a result of that prescription, the service agency is to perform the function.

(3)

An agreement under subsection (1) must be in writing and a copy of it must be given to the service agency head and the Service Victoria CEO.

(4)

A copy of a notice under subsection (2) must be given to the service agency head and the Service Victoria CEO.

(5)

On the commencement of a regulation that prescribes a transferred customer service function to be a revoked customer service function—

(a)

the customer service function is to be performed by the service agency in accordance with the enactment that confers the function on the service agency; and

(b)

the Service Victoria CEO cannot perform that function.

8Delegation of transferred customer service functions

(1)

The Service Victoria CEO, by instrument, may delegate any transferred customer service function to the service agency head of the service agency from which that function is transferred.

(2)

A service agency head to whom a transferred customer service function is delegated under subsection (1) may delegate that function to any person or class of person employed by, or acting on behalf of, the service agency from which the function is transferred.

Pt 2 Div. 3 (Heading and s. 9) repealed by No. 6/2022 s. 8.

* * * * *

Pt 2A (Heading and ss 9A, 9B) inserted by No. 6/2022 s. 9.

9APerformance of customer service functions by agreement

(1)

The Service Victoria CEO and a service agency head, or a person authorised by the service agency head, may agree in writing for the Service Victoria CEO to perform a customer service function of the service agency.

(2)

On the coming into force of an agreement under subsection (1), the Service Victoria CEO may perform the customer service function for or on behalf of the service agency.

(3)

Subsection (2) applies despite anything to the contrary in the law (if any) that confers the customer service function on the service agency.

S. 9A(4) repealed by No. 5/2024 s. 13.

* * * * *

S. 9B inserted by No. 6/2022 s. 9.

9BPerformance of customer service functions from other jurisdictions by agreement

(1)

The Service Victoria CEO and a non‑Victorian government agency head, or a person authorised by the non-Victorian government agency head, may agree in writing for the Service Victoria CEO to perform a customer service function of the non-Victorian government agency.

S. 9B(1A) inserted by No. 5/2024 s. 14(1).

(1A)

Without limiting subsection (1), an agreement under that subsection may provide for the Service Victoria CEO to charge the non-Victorian government agency for services provided by, or on behalf of, the Service Victoria CEO in the performance of the customer service function.

(2)

On the coming into force of an agreement under subsection (1), the Service Victoria CEO may perform the customer service function for or on behalf of the non‑Victorian government agency in accordance with the agreement.

S. 9B(3) amended by No. 5/2024 s. 14(2).

(3)

Subsections (1A) and (2) apply subject to the law (if any) that confers the customer service function on the non-Victorian government agency.

Pt 2B (Heading and ss 9C–9E) inserted by No. 6/2022 s. 9.

9CApplication of Part

This Part applies despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities Act 2006).

S. 9D inserted by No. 6/2022 s. 9.

Service Victoria Act 2018

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