1Objectives

The objectives of these Regulations are—

(a)

to prescribe social services for the purposes of the Social Services Regulation Act 2021; and

(b)

to prescribe requirements for the registration of providers of social services; and

(c)

to prescribe information that must be included in the Register; and

(d)

to prescribe the service requirements for the Social Services Standards; and

(e)

to prescribe matters of which the Regulator must be notified; and

(f)

to provide for matters required for the operation of the worker and carer exclusion scheme; and

(g)

to prescribe infringement offences and infringement penalties for the purposes of the Social Services Regulation Act 2021; and

(h)

to prescribe entities to be relevant agencies for the purposes of collecting, using or disclosing information under the Social Services Regulation Act 2021; and

(i)

to provide for other matters required to give effect to the Social Services Regulation Act 2021.

2Authorising provision

These Regulations are made under section 316 of the Social Services Regulation Act 2021.

3Commencement

These Regulations come into operation on 1 July 2024.

4Definitions

In these Regulations—

Aboriginal includes Torres Strait Islander;

Aboriginal agency has the same meaning as it has in the Children, Youth and Families Act 2005;

Australian Health Practitioner Regulation Agency means the Australian Health Practitioner Regulation Agency established under section 23 of the Health Practitioner Regulation National Law;

care, in relation to a child, means the daily care and control of the child, whether or not the relevant person has parental responsibility for the child;

child protection service means—

(a)

a child protection service established and maintained by the Minister for the purposes of section 164(a) of the Children, Youth and Families Act 2005; or

(b)

a service provided by an Aboriginal agency under an authorisation under section 18 of the Children, Youth and Families Act 2005;

community‑based child and family service has the meaning given in regulation 6;

community visitor has the same meaning as it has in the Supported Residential Services (Community Visitors) Act 2010;

criminal history, in relation to a person, means—

(a)

every conviction of the person for an offence, in Victoria or elsewhere, whether before, on or after the commencement of these Regulations; and

(b)

every plea of guilty entered by the person or finding of guilt by a court against the person for an offence, in Victoria or elsewhere, whether before, on or after the commencement of these Regulations and whether or not a conviction is recorded for the offence; and

(c)

every pending charge against the person for an offence, in Victoria or elsewhere, whether before, on or after the commencement of these Regulations;

disability has the same meaning as it has in section 3(1) of the Disability Act 2006;

disability service has the meaning given in regulation 7;

Disability Worker Registration Board means the Disability Worker Registration Board of Victoria established under the Disability Service Safeguards Act 2018;

experience includes lived experience;

family violence service has the meaning given in regulation 8;

foster care means the temporary care of a child by a person who is approved as a foster carer and who is not the child's parent;

foster care service means a service funded by the Secretary specifically to support persons approved as foster carers or children in foster care;

funded by the Secretary means funded by the Secretary under a contract entered into by or on behalf of the State;

homelessness service has the meaning given in regulation 9;

key personnel, in relation to a registered social service provider, means the key personnel prescribed under regulation 12;

kinship care means the care of a child in a home‑based environment by a relative or other person in the child's social network (other than the child's parent) when the child is not able to be cared for by a parent;

kinship care service means a service funded by the Secretary specifically to provide cultural or other support—

(a)

to persons providing kinship care; or

(b)

to children in kinship care and their families;

National Health Practitioner Board means a National Health Practitioner Board established under the Health Practitioner Regulation National Law;

NDIS Act means the National Disability Insurance Scheme Act 2013 of the Commonwealth;

NDIS provider has the same meaning as it has in the NDIS Act;

NDIS Quality and Safeguards Commission means the NDIS Quality and Safeguards Commission established under the NDIS Act;

out of home care service has the meaning given in regulation 10;

permanent care order has the same meaning as it has in the Children, Youth and Families Act 2005;

permanent care service means a service that is funded by the Secretary specifically to provide supports for people caring for a child under a permanent care order;

relevant regulator means an entity appointed, established or authorised under an Act of Victoria or of the Commonwealth or of another State or a Territory to regulate a particular activity, industry, profession or occupation;

secure welfare service means a secure welfare service established under section 44 of the Children, Youth and Families Act 2005;

sexual assault service has the meaning given in regulation 11;

support person, in relation to a service user, means a person nominated by the service user to be involved in planning and making decisions about the service user's needs or the types of services the service user may require;

supported residential service has the meaning given in section 214(1) of the Act;

the Act means the Social Services Regulation Act 2021;

Transport Accident Commission has the same meaning as Commission has in the Transport Accident Act 1986;

tribunal means VCAT or a corresponding administrative tribunal of the Commonwealth or another State or a Territory;

Victorian Disability Worker Commission has the same meaning as Commission has in the Disability Service Safeguards Act 2018;

Victorian Disability Worker Commissioner has the same meaning as Commissioner has in the Disability Service Safeguards Act 2018;

Victorian Institute of Teaching means the Victorian Institute of Teaching established under the Victorian Institute of Teaching Act 2001 and that continues in operation under and subject to the Education and Training Reform Act 2006;

Victorian WorkCover Authority has the same meaning as Authority has in the Workplace Injury Rehabilitation and Compensation Act 2013.

5Prescribed social services

For the purposes of the definition of social service in section 3(1) of the Act, the following social services are prescribed—

(a)

child protection services;

(b)

community‑based child and family services;

(c)

disability services;

(d)

family violence services;

(e)

homelessness services;

(f)

out of home care services;

(g)

secure welfare services;

(h)

sexual assault services;

(i)

supported residential services.

6Community‐based child and family services

(1)

A community‑based child and family service means a service or activity specified in subregulation (2) that is provided or funded by the Secretary specifically for—

(a)

children (including unborn children) who are at risk of harm or in need of protection and their families; or

(b)

care leavers and their families.

(2)

The following are specified for the purposes of subregulation (1)—

(a)

a service that provides residential programs—

(i)

for parents and children at high risk of harm who are referred to that service by a child protection service; and

(ii)

that assesses and builds parenting skills and parents' confidence to protect and care for their children;

(b)

a community‑based service that assesses and builds parenting skills and parents' confidence to protect and care for their children;

(c)

a service or activity that is necessary for or incidental to—

(i)

an initial assessment to determine risks to and needs of children and their families; or

(ii)

the giving of information, referrals and advice for children and their families;

(d)

case planning services;

(e)

case management services;

(f)

Aboriginal child specialist advice and support services;

(g)

services and activities that are necessary or incidental to supporting any of the following—

(i)

Aboriginal family led‑decision making;

(ii)

Aboriginal cultural planning services;

(iii)

Aboriginal kinship finding services;

(iv)

Aboriginal family services;

(h)

training and skills development services;

(i)

counselling services;

(j)

services for care leavers;

(k)

other support services for families at risk of harm who need help with the wellbeing and development of their children, including referral services;

(l)

support services that aim to address issues that may lead to family breakdown or that aim to divert children away from child protection services.

7Disability services

(1)

Subject to subregulation (2), disability service means—

(a)

a forensic disability service, disability support service or residential service provided or funded by the Secretary specifically for persons with a disability; or

(b)

any of the following services funded by the Transport Accident Commission specifically for persons with a disability—

(i)

disability support services;

(ii)

case management services;

(iii)

training and skills development services that aim to increase or maintain the independence of persons with a disability;

(iv)

residential services for persons with a disability; or

(c)

any of the following services funded by the Victorian WorkCover Authority specifically for persons with a disability—

(i)

disability support services;

(ii)

case management services;

(iii)

training and skills development services that aim to increase or maintain the independence of persons with a disability;

(iv)

residential services for persons with a disability.

(2)

In these Regulations, a disability service does not include—

(a)

a regulated disability service within the meaning of the Disability Act 2006; or

(b)

a service provided by a person or body as an NDIS provider to an NDIS participant; or

(c)

a service provided by a person or body as an approved provider regulated under the Aged Care Act 1997 of the Commonwealth; or

(d)

a disability employment service funded by or under an Act of the Commonwealth; or

(e)

in the case of services funded by the Transport Accident Commission, a medical service as defined in the Transport Accident Act 1986; or

(f)

in the case of services funded by the Victorian WorkCover Authority—

(i)

a service provided by a registered health practitioner; or

(ii)

a service funded specifically for the purpose of returning a person to employment, including a job placement service, a return to work assessment service or an occupational rehabilitation service.

(3)

In this regulation—

disability support service means a service that provides support for persons with a disability, including—

(a)

disability‑related supports or case management, or both, to assist the person to achieve the person's goals; or

(b)

behaviour support services, including assessment, planning and implementation of behaviour support;

forensic disability service means a service that is specifically for people with a cognitive disability who are involved, or at risk of being involved, in the criminal justice system, including—

(a)

an assessment and intake service; or

(b)

a case management service; or

(c)

a forensic disability clinical service; or

(d)

a service provided at a residential treatment facility; or

(e)

a residential service;

NDIS participant has the same meaning as participant has in the NDIS Act;

residential service means—

(a)

a residential service within the meaning of the Disability Act 2006; or

(b)

a service providing or arranging the provision of residential accommodation specifically for persons with a disability;

residential treatment facility has the same meaning as it has in the Disability Act 2006.

8Family violence services

In these Regulations—

family violence service means any of the following that are provided or funded by the Secretary—

(a)

services specifically for persons who are at risk of, or who have experienced, family violence, including—

(i)

triage and support services; and

(ii)

crisis services; and

(iii)

refuge and accommodation‑related services; and

(iv)

case management services and therapeutic intervention services;

(b)

intervention services specifically for perpetrators of family violence, including—

(i)

intake and referral services; and

(ii)

accommodation‑related services; and

(iii)

behavior change programs; and

(iv)

case management services and therapeutic intervention services;

(c)

child and youth family violence services.

9Homelessness services

(1)

In these Regulations—

homelessness service means any of the following services or activities that are provided or funded by the Secretary specifically for, and that involve contact with, persons who are experiencing, or who are at risk of, homelessness—

(a)

accommodation services (other than long‑term social housing services), including—

(i)

services providing or arranging for crisis accommodation; and

(ii)

services providing or arranging for transitional housing (other than tenancy management services); and

(iii)

services providing or arranging for supported housing (other than tenancy management services);

(b)

assessment services;

(c)

case management services;

(d)

support services, including—

(i)

crisis response services; and

(ii)

counselling services; and

(iii)

services providing meals, personal care and shower facilities; and

(iv)

activities that aim to assist access to accommodation, training and employment; and

(v)

life skills development, peer support services and associated skills development; and

(vi)

services providing support to establish and sustain tenancies; and

(vii)

services that assist in finding long‑term housing for persons who are experiencing, or who are at risk of, homelessness; and

(viii)

other supports that assist to reduce the risk that a person may become homeless;

(e)

youth homelessness services, including—

(i)

youth crisis response services; and

(ii)

services for care leavers; and

(iii)

family reconciliation services; and

(iv)

youth services that aim to assist access to accommodation, education, training and employment and connection with the community.

(2)

In this regulation—

crisis accommodation means—

(a)

temporary crisis accommodation within the meaning of the Residential Tenancies Act 1997; or

(b)

any other short to medium‑term accommodation for persons who are experiencing, or who are at risk of, homelessness and require immediate accommodation in urgent circumstances or in an emergency;

social housing has the same meaning as it has in the Housing Act 1983;

supported housing means housing provided together with social or health services;

transitional housing means short‑term subsidised accommodation for persons who are experiencing, or who are at risk of, homelessness.

10Out of home care services

(1)

In these Regulations—

out of home care service means any of the following services (other than a secure welfare service) that are provided or funded by the Secretary specifically for, and that involve contact with, children in need of protection, or who are in, or are to be placed in, out of home care under the Children, Youth and Families Act 2005—

(a)

home‑based care services, including foster care services, kinship care services and permanent care services;

(b)

accommodation and support services in community‑based houses;

(c)

accommodation and support services in shared house accommodation for children aged 16 to 18 years old;

(d)

any other accommodation and support services for children who require out of home care.

(2)

Without limiting subregulation (1), an out of home care service includes an out of home care service established under section 44 of the Children, Youth and Families Act 2005.

11Sexual assault services

A sexual assault service means any of the following services that are provided or funded by the Secretary specifically as a sexual assault service—

(a)

specialist support services for survivors of sexual assault and other persons impacted by sexual violence, including—

(i)

crisis care services; and

(ii)

advocacy services; and

(iii)

counselling and therapeutic intervention services;

(b)

specialist harmful sexual behavior services, including early intervention and treatment services;

(c)

sexual assault therapeutic intervention services.

12Key personnel

(1)

For the purposes of section 47(1)(f)(iii) of the Act, in relation to a registered social service provider, the following key personnel are prescribed—

(a)

a member of the group of persons who is responsible for the executive decisions of the provider;

(b)

the chief executive officer (however described) of the provider;

(c)

in the case of a provider that is the Secretary, each executive (within the meaning of the Public Administration Act 2004) of the Department of Families, Fairness and Housing with responsibility for administering the provision of a social service;

(d)

in the case of a provider providing a supported residential service, the person responsible for the day to day management of the provision of that service;

(e)

any other person who has primary responsibility for (or significant influence over) planning, directing or controlling the provider's delivery of the social service.

(2)

Without limiting subregulation (1)(a), a reference in that paragraph to a person responsible for the executive decisions of a provider includes—

(a)

if the provider is a body corporate that is incorporated, or taken to be incorporated, under the Corporations Act 2001 of the Commonwealth—

(i)

a director or secretary of the body corporate; and

(ii)

each person who is empowered to exercise control over the affairs of the body corporate; and

(b)

in any other case, a member of the provider's committee of management or governing body.

Pt 1A (Heading and reg. 12A) inserted by S.R. No. 2/2026 reg. 6.

Social Services Regulations 2023

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