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SOCIAL SERVICES REGULATION ACT 2021 (NO. 37 OF 2021)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
PART 2--SOCIAL SERVICES REGULATOR
Division 1--Establishment
4. Establishment of Social Services Regulator
5. Terms and conditions of appointment
6. Regulator represents the Crown
7. Objects of Regulator
8. Guiding principles
9. Regulator is a body corporate
10. Vacancy and resignation
11. Acting Regulator
12. Staff
Division 2--Functions and powers
13. Functions and powers of Regulator
14. Functions as integrated sector regulator
15. Delegation
16. Ministerial directions
17. Validity of acts or decisions
18. Guidelines
Division 3--Reporting obligations of Regulator
19. Annual report
20. Other reports
PART 3--REGISTRATION OF SOCIAL SERVICE PROVIDERS
Division 1--Registration of social service providers
21. Application for registration
22. Applications withdrawn in certain circumstances
23. Decision about application for registration
24. Notice of decision to be given to applicant
25. Provisional registration
26. Conditions of registration
27. Application for variation or revocation of condition of registration
28. Decision on application for variation or revocation of condition of registration
29. Notice of decision to be given to applicant
30. Regulator may require notice of change to condition on registration to be given to service users
31. Duration of registration
32. Exemption—registration
Division 2--Cancellation of registration and winding up
33. Application—cancellation
34. Cancellation of registration by Regulator
35. Notice of winding up
Division 3--The Register
36. The Register
37. Regulator may decide not to publish certain information in Register
PART 4--STANDARDS AND NOTIFICATIONS
Division 1--Social Services Standards
38. Effect of this Subdivision
39. Standard—safe service delivery
40. Standard—service user agency and dignity
41. Standard—safe service environment
42. Standard—feedback and complaints
43. Standard—accountable organisational governance
44. Standard—safe workforce
45. Compliance with Social Services Standards
46. Aggravated contravention of duty to comply with Social Services Standards
Division 2--Notifications
47. Registered social service provider to notify Regulator of certain matters
48. Notifiable incidents
49. Compliance statement
50. Regulator may request further information
PART 5--WORKER AND CARER EXCLUSION SCHEME
Division 1--Preliminary
51. Definitions—worker and carer exclusion scheme
Division 2--Conduct that may lead to exclusion
52. Conduct that may lead to exclusion
53. Regulator to report to Chief Commissioner of Police
54. Regulator may obtain information from Victoria Police
Division 3--Preliminary assessment of conduct that may lead to exclusion
55. Preliminary assessment by Regulator
56. Notice of investigation or referral
57. Investigation of conduct that may lead to exclusion
58. Regulator may suspend or discontinue investigation
59. Independent investigators
60. Provision of information during investigation
61. Concurrent Victoria Police investigation
62. Concurrent investigation by other regulatory entity
63. Referral on completion of investigation
64. Notice of determination or referral
65. Report of investigation
66. Existing report into conduct may replace investigation
67. Panel candidates
68. Regulator to convene Panels
69. Functions of Panel
70. Interim exclusions
71. Notice of interim exclusion
72. Submissions concerning interim exclusions
73. Review of interim exclusion
74. Notice of review of interim exclusion
75. Panel hearings
76. Panel may limit disclosure of information
77. Offence to contravene non-publication determination by Panel
78. Notice of Panel hearing
Division 6--Panel determinations
79. Panel determinations
80. Notice of determination
81. Effect of exclusion
Division 7--Exclusion under the Worker Screening Act 2020
82. Interim WWC exclusions and WWC exclusions
Division 8--WCES database
83. Regulator must maintain WCES database
84. WCES service provider must ask for database check for proposed WCES workers or carers
85. WCES worker or carer must disclose details of employer to Regulator
86. Excluded WCES worker or carer must disclose updated personal information to Regulator
87. Removal of exclusion from database on expiry
88. Removal of exclusion from database on application
Division 9--Offences
89. Offence to apply for employment as WCES worker or carer if subject to investigation, referral or exclusion decision
90. Offence to provide WCES service while excluded
91. Offence to fail to notify employer of investigation or referral
92. Offence to employ or engage WCES worker or carer without database check
93. Offence to employ or engage excluded person
Division 10--Information gathering and use under worker and carer exclusion scheme
94. Notice to produce
95. Offence to fail to comply with notice to produce
96. Notice to attend
97. Offence to fail to comply with notice to attend
98. Power to take evidence on oath or affirmation
99. Powers relating to documents and things
100. Impact of interview or hearing must be mitigated
101. WCES service provider must provide reasonable assistance
102. Regulator may disclose information to Panel or authorised officer or independent investigator
PART 6--INVESTIGATION AND MONITORING
Division 1--Authorised officers and independent investigators
103. Appointment of authorised officers
104. Regulator may issue directions to authorised officers
105. Identity cards for authorised officers and independent investigators
106. Requirement to produce identity card
107. Complaints about authorised officers or independent investigators
108. Power to request information and documents
109. Power to obtain information, documents and evidence
110. Protection of persons giving certain information
111. False or misleading information
Division 3--Powers of entry
112. Power to enter premises of registered social service providers—monitoring compliance
113. Power to enter residential premises with consent
114. Power to enter premises of unregistered providers and WCES workers and carers with consent
115. Issue of search warrant
116. Announcement before exercising power of entry
117. Copy of warrant to be given to occupier
118. Notice if occupier not present
119. General powers of authorised officers
120. Persons assisting authorised officers or independent investigators
121. Police assistance
122. Power to direct persons to produce documents, operate equipment or answer questions
123. Legal professional privilege and client legal privilege not affected
124. Protection against self-incrimination
125. Use or seizure of electronic equipment at premises
126. Power to secure electronic equipment
Division 4--Seized documents or things
127. Receipts for seized things
128. Copies of seized documents
129. Return of seized documents and things
130. Magistrates' Court may extend 6-month retention period
131. Forfeiture, destruction and disposal of seized documents and things
Division 5--Offences relating to obstruction of authorised officers and independent investigators
132. Offence to impersonate
133. Offence to hinder or obstruct
134. Offence to intimidate, threaten or assault
Division 6--Registration offences
135. Offence relating to unregistered social service providers
136. Offences relating to conditions of registration
PART 7--ENFORCEMENT
137. What is an improvement notice?
138. Regulator or authorised officer may issue improvement notice
139. Form of improvement notice
140. Amendment and withdrawal of improvement notice
141. Continuing effect of improvement notice
142. What is a prohibition notice?
143. Regulator or authorised officer may issue prohibition notice
144. Form of prohibition notice
145. Verbal direction to cease activity
146. Amendment of prohibition notice
147. Certification that activity is no longer prohibited
148. Non-compliance with notice or direction
149. Failure to report
150. Proceeding for offence not affected by notice or direction
Division 2--Infringement notices
151. Infringement notices
Division 3--Enforceable undertakings
152. What is an enforceable undertaking?
153. Regulator may accept enforceable undertaking from registered social service provider
154. Form and commencement of enforceable undertaking
155. Notification and publication requirements
156. Withdrawal or variation of undertaking
157. Compliance with and effect of undertaking
158. Enforcement of undertaking
159. Contempt of court
Division 4--Public warning notices
160. What is a public warning notice?
161. Regulator may issue public warning notice
162. Form and publication of public warning notice
163. What is an adverse publicity order?
164. Magistrates' Court may make adverse publicity order
165. Publication of public warning notice unaffected by making of adverse publicity order
Division 6--Suspension of service user intake
166. What is a suspension of intake notice?
167. Regulator may issue suspension of intake notice
168. Publication of suspension of intake notice
Division 7--Variation, suspension or revocation of registration
169. Variation of registration
170. Suspension of registration
171. Consequences of suspension of registration
172. Revocation of registration
173. Regulator may appoint administrator to provider
174. Period of appointment
175. Functions and powers of administrator
176. Financially unviable provider
177. Provider to pay Regulator costs incurred by appointment of administrator
178. Offence to remove equipment or other property without consent of administrator
179. Offence to hinder or obstruct administrator
180. Offence to dispose of interests without consent of administrator
181. Offence to enter into or exercise rights under contracts without consent of administrator
182. Offence to issue notice to vacate residents without consent of administrator
183. Offence to undertake duty or function of administrator without consent of administrator
184. Offence to do prescribed action
185. Compensation
186. Displacement of other laws—appointment of administrator
PART 8--INFORMATION COLLECTION, USE AND DISCLOSURE
Division 1--Preliminary
187. Definitions
188. Meaning of protected information
189. Meaning of relevant agency
190. Application of this Part to courts and tribunals
191. Principles
Division 2--Information sharing
192. Disclosure of information
193. Sharing of information between relevant agencies
194. Collection and use of information
195. Duty of relevant agency to assist Regulator
196. Regulator may disclose protected information
197. Person may disclose information to Regulator
198. Further disclosure of confidential information
199. Disclosure of compliance or enforcement action
Division 3--Confidentiality notices
200. Definitions
201. Confidentiality notice
202. Service of confidentiality notices
203. Regulator or Panel to provide Victorian Inspectorate with copies
204. Disclosure subject to confidentiality notice
205. Regulator may take action if Panel ceases to exist
Division 4--Protection of disclosures made in good faith
206. Use and disclosure in good faith protected
Division 5--Relationship of this Part with other Acts
207. Relevant agencies to collect, use or disclose information despite other Acts
208. Part does not affect handling of confidential information permitted by this Act or other Acts
209. Restrictions on access to confidential information
210. Exemption from Freedom of Information Act 1982 for Regulator or Panel
Division 6--Offences
211. Unauthorised use and disclosure of protected information collected under this Part
212. Protection from reprisal
Division 1--Preliminary
213. Definitions
214. Meaning of supported residential service
215. Meaning of prohibited transaction
Division 2--Information for prospective residents and new resident contact information
216. Person nominated
217. Details of resident's guardian or resident's administrator to be recorded
Division 3--Money of residents
218. Management or control of resident's money by provider
219. Records of expenditure to be kept
220. Statements and access to records
221. Provider may give directions relating to resident's money
222. Provider or close associate not to be person nominated
223. Provider to notify Regulator of offences
Division 4--Residential and services agreements
224. Preparation and copies of residential and services agreements
225. Changes to residential and services agreements
226. Residential and services agreement not to be inconsistent with Act
227. Residential and services agreement to be signed by resident etc.
228. Termination by agreement
229. Termination after order to vacate is made
230. Termination on death or abandonment
231. Termination on moving out
232. Termination with consent
Division 5--Health and support notifications
233. Provider must notify Regulator of appropriate health care requirements
234. Provider must notify Regulator of personal support requirements
235. Enquiries, assessment and further care
Division 6--Prohibited transactions and reportable transactions
236. Provider or close associate not to enter into prohibited transactions
237. Reportable transactions
238. Cooling off period
239. Remedies
Division 7--Fees, charges and security deposits
240. Offence to request certain payments
241. Offence to request or accept security deposit that exceeds a specified amount
242. Offence to request or accept fees in advance that exceed a specified amount
243. Offence to request or accept reservation fee that exceeds a specified amount
244. Offence to request or accept establishment fees that exceed a specified amount
245. Offence not to provide prescribed statement in respect of fees etc.
246. Offence not to put money into trust account
247. Records of money held in trust account
248. Fees etc. to remain in trust until required
249. Retention of security deposit by provider
250. Offence not to return security deposit within 14 days
251. Condition report
252. Condition report is evidence of state of repair
253. Statement relating to use of reservation fees
254. Provider must explain fees and charges to resident
255. Reservation fees must be applied or refunded
256. Application to VCAT for refund of security deposit etc.
257. VCAT orders
Division 8--Notices to vacate
258. Contents of notice to vacate
259. Giving of notice to vacate
260. Provider proposes to cease carrying on the supported residential service
261. Resident endangers safety of other persons
262. Non-payment of fees
263. Use of supported residential service for illegal purpose
264. Repairs or demolition
265. Resident in need of more health care than available
266. Resident in need of more personal support than available
267. Serious damage
268. Serious interruption to quiet and peaceful enjoyment
269. Offence not to provide proper notice
270. Notice of resident's intention to vacate supported residential service
271. Offence to require more than 28 days notice of intention to leave supported residential service
272. Resident may apply to VCAT
273. What can VCAT order?
274. Application by provider for order to vacate
275. Time for application for order to vacate
276. VCAT must make order to vacate in certain circumstances
277. Application for order to vacate to be dismissed or adjourned in certain circumstances
278. Order to vacate not to be made in certain circumstances
279. Contents of an order to vacate
280. Issue of warrant to remove resident
281. Warrant to remove resident
282. Lapsing of order to vacate and lapsing or cancellation of warrant to remove resident
283. Execution of warrant
PART 10--GENERAL PROVISIONS
Division 1--Preliminary
284. Definition
Division 2--Annual report of operations
285. Additional information for annual report of operations
Division 3--Review
286. Reviewable decisions—internal review
287. Regulator may stay operation of decision subject to application for internal review
288. Outcome of internal review
289. Notice of outcome of internal review
290. Reviewable decisions—VCAT
291. Application to VCAT for review
Division 4--Liability for offences
292. Conduct of employee, agent or officer taken to be conduct of body corporate
293. Criminal liability of officers of bodies corporate—accessorial liability
294. Offences by unincorporated bodies, partnerships etc.
Division 5--Proceedings and legal matters
295. Who may commence proceedings for an offence?
296. Time for commencing proceedings
297. Civil penalty provision
298. Civil penalty orders
299. Civil proceedings after criminal proceedings
300. Criminal proceeding during proceeding for a civil penalty order
301. Criminal proceeding commenced after proceeding for civil penalty order
302. Evidence given or produced during proceeding for civil penalty order
303. Jurisdictional limit of Magistrates' Court does not apply to civil penalty order
304. Recovery of a pecuniary penalty
305. Service of documents
306. Service of documents—alternative to attendance
307. Court may consider impact statements
Division 6--Compliance codes
308. Compliance codes
309. Content of compliance codes
310. Communication of compliance codes
311. Effect of compliance with compliance codes
312. No liability for failure to comply with compliance codes
Division 7--Evidentiary matters
313. Evidence as to age
314. Evidentiary reports
315. Evidentiary certificates
Division 8--Regulation-making powers
316. Regulations
Division 9--Review of Act
316A. Review of Act
PART 11--TRANSITIONAL AND SAVINGS PROVISIONS
Division 1--Preliminary
317. Definitions
Division 2--General
318. Exemptions from offence relating to unregistered service providers—prescribed social services
Division 3--Children, Youth and Families Act 2005
319. Investigation of conduct engaged in before the commencement of Part 5
320. Deemed exclusion decisions
321. Exemptions from offence relating to unregistered service providers—secure welfare services
322. Pending applications for registration as community service
323. Pending applications for renewal of registration
324. Variation of registration by Regulator
325. Pending revocation
326. Pending investigations
327. Appointment of administrator
328. Community service registrations
329. Continuation of secure welfare services
330. Transfer of information to Regulator
Division 4--Disability Act 2006
331. Transfer of information to Regulator
332. Disability service provider registrations
333. Pending applications for registration as disability service provider
334. Pending applications for renewal of registration of disability service provider
335. VCAT review
336. Variation of registration by Regulator
337. Pending revocation
338. Appointments
339. Transfer of information to Regulator
340. Supported residential service registrations
341. Pending applications for registration as supported residential service
342. Variation of registration by Regulator
343. Pending cancellation
344. Pending revocation
345. Undertakings
346. Compliance notices
347. Appointment of administrator
Division 6--Transitional regulations
348. Transitional regulations
PART 12--CONSEQUENTIAL AMENDMENTS
349. Definitions
350. New section 16UA inserted
Division 2--Children, Youth and Families Act 2005
351. Delegation
352. Part 3.4 repealed
Division 3--Disability Act 2006
353. Definitions
354. Persons with an intellectual disability
355. Information systems and disclosure, use and transfer of information
356. Disclosure of information about worker screening.
357. Sections 40 to 48 repealed
358. Division 3 of Part 4 repealed
Division 3--of Part 4 of the Disability Act 2006 is repealed.
359. Entry to a resident's room
360. Notice of temporary relocation
361. Heading to Division 3 of Part 6 amended
362. Sections 97 and 98 repealed
363. Power of Secretary to give directions
364. Division 4 of Part 6 repealed
Division 4--of Part 6 of the Disability Act 2006 is repealed.
365. Sections 103A and 104 repealed
366. Report on complaints
367. Section 106 repealed
368. Delegation
369. Special powers of Secretary
Division 4--Supported Residential Services (Private Proprietors) Act 2010
370. Principal Act
371. Title of Supported Residential Services (Private Proprietors) Act 2010 substituted
372. Purpose
373. Definitions
374. Sections 4 and 5 repealed
375. Principles
376. Parts 3 to 8 repealed
377. Offence to unreasonably refuse assistance
378. Offence not to give full and true answers
379. Offence to assault, obstruct or threaten community visitor
380. Request to see community visitor
381. Record of visits
382. Sections 197, 198 and 202 repealed
383. Service of notice and other documents
384. Delegation
385. Sections 205 and 206 repealed
386. Regulations
387. Sections 212, 215, 216, 217 and 218 repealed
Division 5--Consequential amendments to other Acts
388. Accident Compensation Act 1985
389. Crimes Act 1958
390. Disability Act 2006
391. Duties Act 2000
392. Education and Training Reform Act 2006
393. Guardianship and Administration Act 2019
394. Health Services Act 1988
395. Land Tax Act 2005
396. Medical Treatment Planning and Decisions Act 2016
397. Public Administration Act 2004
398. Residential Tenancies Act 1997
399. Tobacco Act 1987
400. Transport Accident Act 1986
401. Workplace Injury Rehabilitation and Compensation Act 2013
ENDNOTES
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