1Objective

The objective of these Regulations is to prescribe transitional, application and savings matters arising as a result of the enactment of Chapter 3 of the Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025.

2Authorising provision

These Regulations are made under section 176 of the Worker Screening Act 2020.

3Commencement

(1)

These Regulations (other than Part 3) are taken to have come into operation on 9 February 2026.

(2)

Part 3 comes into operation on the day on which section 120 of the Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025 comes into operation.

4Definitions

In these Regulations—

commencement day means 9 February 2026;

the Act means the Worker Screening Act 2020.

Part 2—Transitional provisions—transfer of functions from Secretary to Regulator

Division 1—Application of this Part

5Application of this Part

This Part applies until section 120 of the Social Services Regulation Amendment (Child Safety, Complaints and Worker Regulation) Act 2025 comes into operation.

Division 2—Application of Part 4.3 of the Act to WWC decisions made by Regulator

6Jurisdiction of VCAT—review of WWC decisions by Regulator

(1)

Without limiting Part 4.3 of the Act, that Part applies on and after the commencement day to a decision referred to in section 105(1) of the Act made by the Regulator.

(2)

For the purposes of subregulation (1), section 105(2), (3) and (4) of the Act apply as if a reference to "Secretary" is taken to include a reference to "Regulator".

7Jurisdiction of VCAT—WWC category A exclusions given by Regulator

(1)

Without limiting section 106 of the Act, that section applies on and after the commencement day to a person who has been given a WWC exclusion referred to in section 106(1)(a) or (b) of the Act by the Regulator.

(2)

For the purposes of subregulation (1), section 106(4) and (5) of the Act apply as if a reference to "Secretary" is taken to include a reference to "Regulator".

Division 3—Modification of Part 4.3 of the Act—WWC decision made by Secretary or Regulator

8Modification of section 106—determination by VCAT of WWC category A applications

(1)

This regulation applies to an application under section 106(1) of the Act—

(a)

that was pending immediately before the commencement day; or

(b)

made on or after the commencement day—

whether the WWC exclusion to which the application relates was given by the Secretary or the Regulator.

(2)

Section 106(6), (8) and (9) of the Act apply to the application as if a reference to "Secretary" is taken to be a reference to "Regulator".

9Modification of section 107—determination by VCAT of WWC category B applications

(1)

This regulation applies to an application under section 105(1)(b) or (d) of the Act in respect of a WWC category B decision—

(a)

that was pending immediately before the commencement day; or

(b)

made on or after the commencement day—

whether the decision to which the application relates was made by the Secretary or the Regulator.

(2)

Section 107(1) of the Act applies to the application as if the reference to "Secretary" is taken to be a reference to "Regulator".

(3)

In this regulation—

WWC category B decision means—

(a)

a decision to give a WWC exclusion on a WWC category B application; or

(b)

a decision under section 85 of the Act to revoke a WWC clearance following a WWC category B re-assessment.

10Modification of section 108—determination by VCAT of WWC category C applications

(1)

This regulation applies to an application under section 105(1)(b) or (d) of the Act in respect of a WWC category C decision—

(a)

that was pending immediately before the commencement day; or

(b)

made on or after the commencement day—

whether the decision to which the application relates was made by the Secretary or the Regulator.

(2)

Section 108(1) of the Act applies to the application as if the reference to "Secretary" is taken to be a reference to "Regulator".

(3)

In this regulation—

WWC category C decision means—

(a)

a decision to give a WWC exclusion on a WWC category C application; or

(b)

a decision under section 87 of the Act to revoke a WWC clearance following a WWC category C re-assessment.

11Modification of section 109—Regulator request for information for purposes of VCAT proceeding

(1)

This regulation applies to an application under section 105(1) or 106(1) of the Act—

(a)

that was pending immediately before the commencement day; or

(b)

made on or after the commencement day—

whether the decision to which the application relates was made by the Secretary or the Regulator.

(2)

Without limiting section 109 of the Act, that section applies on and after the commencement day to the application as if a reference to "Secretary" is taken to include a reference to "Regulator".

Division 4—Protection of persons giving information to Regulator

12Application of section 143 of the Act to enquiry or request from Regulator

Without limiting section 143 of the Act, on and after the commencement day that section applies as if—

(a)

the reference to "Secretary" is taken to include a reference to "Regulator"; and

(b)

the reference to section 109 is taken to include a reference to section 109 as modified by regulation 11.

Part 3—Further transitional provisions

Division 1—Transitional provisions relating to repeal of Part 4.3 of the Act

Worker Screening (Transitional and Savings) Regulations 2026

About this Act

Bill & explanatory material

This Act’s bill