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This is a Bill, not an Act. For current law, see the Acts databases.
Service Victoria Amendment Act 2022 No. of 2022 TABLE OF PROVISIONS Clause Page 1 Purpose 1 2 Commencement 2 3 Principal Act 2 4 Definitions 2 5 Meaning of service agency 8 6 New section 4A inserted 8 7 Transfer of customer service functions 8 8 Division 3 of Part 2 repealed 9 9 New Parts 2A and 2B inserted 9 10 Transfer of identity verification functions 12 11 Delegation of transferred identity verification functions 12 12 Division 3 of Part 3 repealed 12 13 New Parts 3A, 3B and 3C inserted 13 14 Functions of Service Victoria CEO 16 15 Powers of Service Victoria CEO 17 16 New Part 4A inserted 18 17 Service Victoria CEO must comply with customer service standards 18 18 Minimum standard for collection of information 19 19 Minimum standard for use or disclosure of information 19 20 Minimum standard for retention of information 19 21 New Part 5A inserted 20 22 Limit on use of temporary electronic identity credentials 23 23 Section 35 amended 23 24 Section 37 heading amended 24 25 Minimum standard for collection of identity information 24 26 Minimum standard for use or disclosure 24 27 Minimum standard for retention of information 24 28 New Part 6A inserted 25 29 Delegation 29 30 Reporting requirements 30 31 New section 54A inserted 30 32 New section 56A inserted 31 33 New Part 9 inserted 32 34 Repeal of this Act 34 ═════════════ i Clause Page Endnotes 35 1 General information 35 ii Service Victoria Amendment Act 2022 No. of 2022 [Assented to ] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Service Victoria Act 2018-- (a) to provide alternative methods for the performance by or delegation to the Service Victoria CEO of functions; and (b) to provide for a broader range of functions (both statutory and non-statutory) and transactions to be performed by the Service Victoria CEO; and (c) to provide for the issue and use of digital tokens; and 1 Service Victoria Amendment Act 2022 No. of 2022 (d) to enable the Service Victoria CEO to establish and maintain a separate database on behalf of a service agency or at the direction of the Minister; and (e) to make other minor and technical amendments to improve the operation of the Act. 2 Commencement (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 1 July 2022, it comes into operation on that day. 3 Principal Act In this Act, the Service Victoria Act 2018 is called the Principal Act. 4 Definitions In section 3 of the Principal Act-- (a) in the definition of authority, for "an enactment" substitute "law"; (b) for the definition of customer service function substitute-- "customer service function means a function of a service agency, the Service Victoria CEO or a non-Victorian government agency, 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; 2 Service Victoria Amendment Act 2022 No. of 2022 (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; (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 receiving a payment of a fee, in relation to an application or request referred to in paragraph (d); (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;"; 3 Service Victoria Amendment Act 2022 No. of 2022 (c) for the definition of customer service information substitute-- "customer service information means any regulated information collected by the Service Victoria CEO in the exercise of any customer service function under this Act but does not include-- (a) account information; or (b) identity information;"; (d) in the definition of identity information, in paragraph (a), after "individual's identity" insert "under Part 6"; (e) for the definition of identity verification function substitute-- "identity verification function means a function of a service agency, the Service Victoria CEO or a non- Victorian government agency-- (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;"; (f) in the definition of official information document, for "under an enactment by a public entity containing information held by a public entity" substitute "by a service 4 Service Victoria Amendment Act 2022 No. of 2022 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"; (g) in the definition of service agency head, before paragraph (a) insert-- "(aa) in the case of a Minister--that Minister; or"; (h) in the definition of service agency head, in paragraph (b), after "chief executive officer" insert "(by whatever name called)"; (i) in the definition of service agency head, after paragraph (d) insert-- "(da) in the case of a Council--the chief executive officer of the Council; or"; (j) in the definition of service agency head, in paragraph (e), for "person;" substitute "person; or"; (k) in the definition of service agency head, after paragraph (e) insert-- "(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;"; (l) in the definition of service agency Minister, for "service agency function" substitute "customer service function or identity verification function"; (m) for the definition of transaction substitute-- "transaction includes-- (a) any transaction in the nature of a contract, agreement, application, 5 Service Victoria Amendment Act 2022 No. of 2022 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;"; (n) insert the following definitions-- "digital token means a digital version of an authority or official information document that is accessible through a software application on an electronic device; 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; 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 6 Service Victoria Amendment Act 2022 No. of 2022 (b) a prescribed entity or class of entity; 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; service agency database means a database established and maintained under section 47A or 47B;"; 7 Service Victoria Amendment Act 2022 No. of 2022 (o) the definition of service agency function is repealed. 5 Meaning of service agency In section 4(1) of the Principal Act-- (a) before paragraph (a) insert-- "(aa) a Minister;"; (b) in paragraph (a), after "public service body" insert "(other than Service Victoria if an Administrative Office is prescribed)"; (c) in paragraph (e), for "an Act." substitute "an Act;"; (d) after paragraph (e) insert-- "(f) a person (other than a special body) prescribed to be a service agency.". 6 New section 4A inserted After section 4 of the Principal Act insert-- "4A Act 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.". 7 Transfer of customer service functions For section 5(1) of the Principal Act substitute-- "(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.". 8 Service Victoria Amendment Act 2022 No. of 2022 8 Division 3 of Part 2 repealed Division 3 of Part 2 of the Principal Act is repealed. 9 New Parts 2A and 2B inserted After Part 2 of the Principal Act insert-- "Part 2A--Performance of customer service functions by agreement 9A Performance 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. (4) The Service Victoria CEO must perform a customer service function under this section in accordance with the terms of the agreement. 9 Service Victoria Amendment Act 2022 No. of 2022 9B Performance 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. (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. (3) Subsection (2) applies subject to the law (if any) that confers the customer service function on the non-Victorian government agency. Part 2B--Delegation, authorisation and sub-delegation of customer service functions 9C Application 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). 9D Delegation and authorisation of customer service functions (1) This section applies if-- (a) an enactment confers a function on a service agency or service agency head; and 10 Service Victoria Amendment Act 2022 No. of 2022 (b) the enactment permits the delegation or authorisation of that function. (2) A service agency or a service agency head, in writing, may delegate to the Service Victoria CEO, or authorise the performance by the Service Victoria CEO of, the following functions-- (a) a customer service function under an enactment to which this section applies (including a customer service function in paragraph (b) or (c)), irrespective of whether the Service Victoria CEO is a person, or belongs to a class of person, to whom functions can be delegated or authorised under that enactment; (b) a customer service function that may be implied from a function under an enactment to which this section applies (including a customer service function in paragraph (a) or (c)); (c) a customer service function that forms part of a function under an enactment to which this section applies (including a customer service function in paragraph (a) or (b)). 9E Sub-delegation of customer service functions (1) The Service Victoria CEO may, subject to any conditions specified in the delegation, sub-delegate a customer service function that has been delegated to the Service Victoria CEO under this Part or the enactment that confers the function on the service agency or service agency head, to a person, or class of person, referred to in section 52. 11 Service Victoria Amendment Act 2022 No. of 2022 (2) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by this section in the same way as they apply to a delegation.". 10 Transfer of identity verification functions For section 10(1) of the Principal Act substitute-- "(1) Subject to subsection (3), the Minister and the service agency Minister may agree for the Service Victoria CEO to perform an identity verification 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 identity verification function.". 11 Delegation of transferred identity verification functions After section 13(2) of the Principal Act insert-- "(3) A service agency head or a person performing an identity verification function delegated to that service agency head or person under subsection (1) or (2) is not required to comply with the identity verification standards in relation to the performance of that function.". 12 Division 3 of Part 3 repealed Division 3 of Part 3 of the Principal Act is repealed. 12 Service Victoria Amendment Act 2022 No. of 2022 13 New Parts 3A, 3B and 3C inserted After Part 3 of the Principal Act insert-- "Part 3A--Performance of identity verification functions by agreement 14A Performance of identity verification 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 an identity verification function of the service agency. (2) On the coming into force of an agreement under subsection (1), the Service Victoria CEO may perform the identity verification 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 identity verification function on the service agency. (4) The Service Victoria CEO must perform an identity verification function under this section in accordance with the terms of the agreement. 14B Performance of identity verification 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 13 Service Victoria Amendment Act 2022 No. of 2022 perform an identity verification function of the non-Victorian government agency. (2) On the coming into force of an agreement under subsection (1), the Service Victoria CEO may perform the identity verification function for or on behalf of the non-Victorian government agency in accordance with the agreement. (3) Subsection (2) applies subject to the law (if any) that confers the identity verification function on the non-Victorian government agency. Part 3B--Delegation, authorisation and sub-delegation of identity verification functions 14C Application 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). 14D Delegation and authorisation of identity verification functions (1) This section applies if-- (a) an enactment confers a function on a service agency or service agency head; and (b) the enactment permits the delegation or authorisation of that function. (2) A service agency or a service agency head, in writing, may delegate to the Service Victoria CEO, or authorise the performance by the Service Victoria CEO of, the following functions-- 14 Service Victoria Amendment Act 2022 No. of 2022 (a) an identity verification function under an enactment to which this section applies (including an identity verification function in paragraph (b) or (c)), irrespective of whether the Service Victoria CEO is a person, or belongs to a class of person, to whom functions can be delegated or authorised under that enactment; (b) an identity verification function that may be implied from a function under an enactment to which this section applies (including an identity verification function in paragraph (a) or (c)); (c) an identity verification function that forms part of a function under an enactment to which this section applies (including an identity verification function in paragraph (a) or (b)). 14E Sub-delegation of identity verification functions (1) The Service Victoria CEO may, subject to any conditions specified in the delegation, sub-delegate an identity verification function that has been delegated to the Service Victoria CEO under this Part or the enactment that confers the function on the service agency or service agency head, to a person, or class of person, referred to in section 52. (2) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by this section in the same way as they apply to a delegation. 15 Service Victoria Amendment Act 2022 No. of 2022 Part 3C--Performance of functions--Ministerial direction 14F Performance of functions--Ministerial direction (1) The Minister, in writing, may direct the Service Victoria CEO to perform a specified function (including but not limited to a customer service function or an identity verification function) for the purposes of the delivery of Government services. (2) A function specified in a direction under subsection (1) is in addition to any other functions the Service Victoria CEO has under this Act or any other law. (3) The Service Victoria CEO must comply with a direction given under subsection (1) according to its terms. (4) A direction under subsection (1) must be published in the Government Gazette as soon as reasonably practicable after it is made. (5) A direction under subsection (1) is not invalid merely because of a failure to comply with subsection (4).". 14 Functions of Service Victoria CEO In section 15 of the Principal Act-- (a) after paragraph (a) insert-- "(ab) to perform customer service functions-- (i) under an agreement under Part 2A; or (ii) delegated or authorised under Part 2B or another enactment;"; 16 Service Victoria Amendment Act 2022 No. of 2022 (b) for paragraph (c) substitute-- "(c) to verify identity and to perform-- (i) transferred identity verification functions; and (ii) identity verification functions-- (A) under an agreement under Part 3A; or (B) delegated or authorised under Part 3B or another enactment;"; (c) after paragraph (f) insert-- "(fa) to perform any functions as directed by the Minister under Part 3C; (fb) to establish and maintain the Service Victoria database; (fc) to establish and maintain service agency databases;"; (d) in paragraph (g), for "paragraphs (a) to (c)" substitute "paragraphs (a), (ab), (b), (c), (fa), (fb) and (fc)"; (e) in paragraph (h), for "enactment" substitute "law". 15 Powers of Service Victoria CEO For section 16(2) of the Principal Act substitute-- "(2) In addition to subsection (1), for the purposes of performing a customer service function or identity verification function that is conferred on a service agency under an enactment, the Service Victoria CEO may exercise any power (whether express or implied) under the enactment that is necessary or convenient to be exercised to 17 Service Victoria Amendment Act 2022 No. of 2022 perform that customer service function or identity verification function.". 16 New Part 4A inserted After Part 4 of the Principal Act insert-- "Part 4A--Service Victoria accounts 18A Creation of Service Victoria accounts The Service Victoria CEO may require a person to create a Service Victoria account for the purposes of the Service Victoria CEO performing a function under this Act if the Service Victoria CEO considers it to be reasonably necessary for the performance of that function.". 17 Service Victoria CEO must comply with customer service standards (1) In section 19 of the Principal Act-- (a) after paragraph (a) insert-- "(ab) customer service functions-- (i) under an agreement under Part 2A; or (ii) delegated or authorised under Part 2B or another enactment; (ac) customer service functions as directed by the Minister under Part 3C;"; (b) in paragraph (b), after "paragraph (a)" insert ", (ab) or (ac)". (2) The example at the foot of section 19 of the Principal Act is repealed. 18 Service Victoria Amendment Act 2022 No. of 2022 18 Minimum standard for collection of information (1) In section 22(1) and (2)(a) of the Principal Act omit "for an individual to whom that information relates". (2) In section 22(2)(b) of the Principal Act, after "the individual" insert "to whom the Service Victoria account relates". 19 Minimum standard for use or disclosure of information In section 23 of the Principal Act-- (a) after subsection (1)(a) insert-- "(ab) for any purpose and the individual to whom that information relates has consented to the use or disclosure for that purpose; or"; (b) for subsection (2)(a) substitute-- "(a) for any purpose and the individual to whom that information relates has consented to the use or disclosure for that purpose; or". 20 Minimum standard for retention of information (1) In section 24(1), (2) and (3) of the Principal Act, for "earlier" substitute "later". (2) For section 24(1)(a) of the Principal Act substitute-- "(a) the incomplete application no longer being required to perform a function under this Act; or". (3) For section 24(2)(a) and (3)(a) of the Principal Act substitute-- "(a) that information no longer being required to perform a function under this Act; or". 19 Service Victoria Amendment Act 2022 No. of 2022 (4) At the foot of section 24 of the Principal Act insert-- "Example For example, the Service Victoria CEO may be required to keep information that is a public record within the meaning of the Public Records Act 1973 for any period specified by standards established under section 12 of that Act.". 21 New Part 5A inserted After Part 5 of the Principal Act insert-- "Part 5A--Authorities and official information documents 24A Form of authorities and official information documents (1) Subject to subsection (2), if a customer service function requires the delivery, giving, grant or issue (however described) of an authority or official information document under an enactment, the Service Victoria CEO, in performing the function, may satisfy that requirement by delivering the authority or document in one or more of the following forms-- (a) a hard copy; (b) an electronic document; (c) a digital token. (2) The Service Victoria CEO must deliver the authority or official information document-- (a) in the form agreed with the service agency head or the person authorised by the service agency head; or (b) otherwise in accordance with the agreement, authorisation, delegation, direction or regulations that provide for 20 Service Victoria Amendment Act 2022 No. of 2022 the performance of the customer service function by the Service Victoria CEO under this Act or another enactment. 24B Delivery of authority or official information document taken to satisfy requirements (1) Subject to subsection (2), the delivering of an authority or official information document in accordance with section 24A is taken to satisfy any requirement under an enactment in relation to the delivery, giving, granting or issuing (however described) of the authority or document. (2) The authority or official information document must include all the information that is required to be contained in or displayed on the authority or document under the enactment. 24C Production of authority or official information document in form delivered by Service Victoria CEO taken to satisfy requirements A requirement under an enactment for a person to produce or display an authority or official information document is taken to be satisfied if-- (a) for a hard copy or electronic document, the person produces or displays the authority or official information document in the form delivered to the person by the Service Victoria CEO under this Part; or 21 Service Victoria Amendment Act 2022 No. of 2022 (b) for a digital token, the person-- (i) produces or displays a current and valid digital token delivered to the person by the Service Victoria CEO; and (ii) if asked to do so, the person confirms the digital token is current and valid, including by refreshing or updating, or attempting to refresh or update, the digital token to show that it is the most recent version; and (iii) complies with any additional prescribed requirements in relation to producing or displaying the digital token. 24D Surrender or destruction of authority or official information document taken to be satisfied in certain circumstances (1) This section applies if an authority or official information document has been delivered as an electronic document or a digital token to a person by the Service Victoria CEO under this Part. (2) A requirement under an enactment for a person to surrender or destroy (however described) the authority or official information document is taken to be satisfied if-- (a) the person destroys, deletes or otherwise surrenders the authority or document so that it can no longer be readily used or accessed by the person; or 22 Service Victoria Amendment Act 2022 No. of 2022 (b) for a digital token, the Service Victoria CEO ceases to deliver the digital token to the person.". 22 Limit on use of temporary electronic identity credentials (1) In section 29 of the Principal Act, for "transferred customer service function or transferred identity verification function" substitute "transaction". (2) At the end of section 29 of the Principal Act insert-- "(2) Without limiting subsection (1), a temporary electronic identity credential may be used in relation to more than one function if those functions are performed as part of the same transaction.". 23 Section 35 amended (1) For the heading to section 35 of the Principal Act substitute-- "Effect of electronic identity credential". (2) In section 35(1) of the Principal Act-- (a) for "a transferred" substitute "an"; (b) in paragraph (a), before "the Service Victoria CEO" insert "for a transferred identity verification function or an identity verification function that the Service Victoria CEO is performing for or on behalf of a service agency,". (3) After section 35(1) of the Principal Act insert-- "(1A) Subsection (1) applies despite anything to the contrary in the enactment (if any) that confers the identity verification function on the service agency.". 23 Service Victoria Amendment Act 2022 No. of 2022 24 Section 37 heading amended In the heading to section 37 of the Principal Act omit "statutory". 25 Minimum standard for collection of identity information In section 45 of the Principal Act-- (a) in paragraph (a) omit "for an individual to whom that information relates"; (b) in paragraph (b), after "the individual" insert "to whom the identity information relates". 26 Minimum standard for use or disclosure For section 46(1)(a) of the Principal Act substitute-- "(a) for any purpose and the individual to whom that information or credential relates has consented to the use or disclosure for that purpose; or". 27 Minimum standard for retention of information At the foot of section 47 of the Principal Act insert-- "Example For example, the Service Victoria CEO may be required to keep information that is a public record within the meaning of the Public Records Act 1973 for any period specified by standards established under section 12 of that Act.". 24 Service Victoria Amendment Act 2022 No. of 2022 28 New Part 6A inserted After Part 6 of the Principal Act insert-- "Part 6A--Service agency databases 47A Service agency database--agreement with service agency (1) The Service Victoria CEO may enter into an agreement with a service agency head for the Service Victoria CEO to establish and maintain a database for the purpose of recording information on behalf of the service agency. (2) The Minister must approve the establishment and maintenance of a database under subsection (1). 47B Service agency database--Ministerial direction If the Minister directs the Service Victoria CEO to perform a function under section 14F(1), the Minister may, in writing, direct the Service Victoria CEO to establish and maintain a database for the purpose of recording information necessary for the performance of that function. 47C Collection, use or disclosure of information in service agency databases (1) The Service Victoria CEO may disclose information in a service agency database established and maintained under section 47A to the service agency on behalf of which the database is established and maintained. 25 Service Victoria Amendment Act 2022 No. of 2022 (2) Subject to subsection (1), the Service Victoria CEO must not collect, use or disclose information in a service agency database unless the collection, use or disclosure is necessary-- (a) to perform any function under this Act or any other law that is related to the purpose for which the database is established and maintained; or (b) for a person authorised by the Service Victoria CEO to carry out administrative, technical or other functions relating to the management, maintenance or auditing of the database; or (c) in the case of a database under section 47A-- (i) to provide administrative or technical support to the service agency for which the database is established and maintained; or (ii) with the written authorisation of the service agency for which the database is established and maintained; or (d) to comply with any other requirements under law. 47D Application of Act to service agency databases This Act, other than this Part and Parts 1, 7 and 8, does not apply to the use, disclosure or retention of information in a service agency database under section 47A by the service agency on whose behalf the database is established and maintained. 26 Service Victoria Amendment Act 2022 No. of 2022 47E Changes to information recorded in a service agency database by service agency A service agency on whose behalf a service agency database is established and maintained under section 47A may make changes to the information in the database. 47F Information in service agency database to be kept separate from other information Information in a service agency database must be kept separate from the information that is kept in-- (a) the Service Victoria database; or (b) another service agency database. 47G Closure or transfer of service agency database (1) After consultation with Service Victoria, a service agency head, or a person authorised by the service agency head, may request the Service Victoria CEO to, in whole or in part-- (a) close a service agency database established and maintained on behalf of the service agency under section 47A; or (b) transfer the database to the service agency or a related party; or (c) with the agreement of another service agency, transfer the database to the other service agency or a related party. (2) If a service agency head or a person makes a request under subsection (1), the information in the service agency database must, in accordance with the agreement under section 47A-- 27 Service Victoria Amendment Act 2022 No. of 2022 (a) for a request under subsection (1)(b), be transferred to the service agency or a related party; and (b) for a request under subsection (1)(c), be transferred to the other service agency or a related party; and (c) be retained, destroyed or otherwise handled by the service agency or the Service Victoria CEO in accordance with any applicable law. (3) The Minister may direct the Service Victoria CEO to, in whole or in part-- (a) close a service agency database established and maintained under section 47B; or (b) transfer a service agency database established and maintained under section 47B to a Department or Administrative Office (within the meaning of the Public Administration Act 2004) or a related party. (4) The Service Victoria CEO must comply with a request made, or direction given, under subsection (1) or (3). (5) This Act no longer applies to a service agency database, or part of a service agency database, that has been closed or transferred, or the information that was recorded in the database or part of the database. (6) In this section-- related party means a person contracted by any of the following to maintain a service agency database transferred under this section-- 28 Service Victoria Amendment Act 2022 No. of 2022 (a) for subsections (1)(b) and (2)(a), the service agency on whose behalf the database is established and maintained; (b) for subsections (1)(c) and (2)(b), the other service agency that has agreed to be transferred the database; (c) for subsection (3)(b), the Department or Administrative Office (within the meaning of the Public Administration Act 2004) that is to be transferred the database. 47H Ministerial guidelines (1) The Minister may issue guidelines in relation to the establishment and maintenance of service agency databases. (2) The Service Victoria CEO must comply with any guidelines issued by the Minister under subsection (1). 47I Ministerial delegation The Minister, by instrument, may delegate any function or power conferred on the Minister under this Part to a person (other than the Service Victoria CEO) employed under Part 3 of the Public Administration Act 2004.". 29 Delegation In section 52 of the Principal Act-- (a) omit "or duty imposed"; (b) for "enactment" substitute "law"; 29 Service Victoria Amendment Act 2022 No. of 2022 (c) before paragraph (a) insert-- "(aa) a person employed under Part 3 of the Public Administration Act 2004; or". 30 Reporting requirements In section 53(3)(e) of the Principal Act omit "transferred". 31 New section 54A inserted After section 54 of the Principal Act insert-- "54A Use and disclosure of regulated information by service agency (1) This section applies despite anything to the contrary in any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or law. (2) A service agency is authorised to disclose regulated information that the agency holds to the Service Victoria CEO or a delegate of the Service Victoria CEO for the purpose of enabling any of the following functions to be performed-- (a) transferred customer service functions; (b) customer service functions-- (i) under an agreement under Part 2A; or (ii) delegated or authorised under Part 2B or another enactment; (c) transferred identity verification functions; (d) identity verification functions-- (i) under an agreement under Part 3A; or 30 Service Victoria Amendment Act 2022 No. of 2022 (ii) delegated or authorised under Part 3B or another enactment; (e) a function as directed by the Minister under Part 3C; (f) establishing and maintaining a service agency database; (g) a function that is ancillary to a function described in paragraphs (a) to (f). Note See section 55 for the disclosure of information to which a secrecy provision applies.". 32 New section 56A inserted After section 56 of the Principal Act insert-- "56A Refunds by Service Victoria CEO (1) The Service Victoria CEO may refund any amount of payment received by the Service Victoria CEO-- (a) to meet a requirement under law; or (b) if the Service Victoria CEO considers an error or mistake has been made in the payment. (2) The Consolidated Fund is appropriated to the extent necessary for the purposes of subsection (1).". 31 Service Victoria Amendment Act 2022 No. of 2022 33 New Part 9 inserted After Part 8 of the Principal Act insert-- "Part 9--Transitional provisions 59 Service Victoria Amendment Act 2022-- agreements (1) On the commencement of section 9 of the Service Victoria Amendment Act 2022, a written agreement entered into by the Service Victoria CEO and a service agency for the performance of a specified customer service function is taken to be an agreement for the performance of that function under section 9A. (2) On the commencement of section 13 of the Service Victoria Amendment Act 2022, a written agreement entered into by the Service Victoria CEO and a service agency for the performance of a specified identity verification function is taken to be an agreement for the performance of that function under section 14A. (3) In this section-- specified customer service function means a customer service function other than-- (a) a transferred customer service function; or (b) a customer service function performed under a delegation under an enactment; or (c) a customer service function performed under an authorisation under an enactment; or 32 Service Victoria Amendment Act 2022 No. of 2022 (d) a customer service function conferred on the Service Victoria CEO under regulations made under another Act; specified identity verification function means an identity verification function other than-- (a) a transferred identity verification function; or (b) an identity verification function performed under a delegation under an enactment; or (c) an identity verification function performed under an authorisation under an enactment; or (d) an identity verification function conferred on the Service Victoria CEO under regulations made under another Act. 60 Service Victoria Amendment Act 2022-- databases On and from the commencement of section 28 of the Service Victoria Amendment Act 2022, any database established and maintained by the Service Victoria CEO on behalf of a service agency or the Minister is taken-- (a) in the case of a database established and maintained on behalf of a service agency, to be established and maintained under section 47A; and (b) in the case of a database established and maintained on behalf of the Minister, to be established and maintained under section 47B.". 33 Service Victoria Amendment Act 2022 No. of 2022 34 Repeal of this Act This Act is repealed on 1 July 2023. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═════════════ 34 Service Victoria Amendment Act 2022 No. of 2022 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. Minister's second reading speech-- Legislative Assembly: Legislative Council: The long title for the Bill for this Act was "A Bill for an Act to amend the Service Victoria Act 2018 to expand the ability of Service Victoria to deliver Government services to the public and for other purposes." By Authority. Government Printer for the State of Victoria. 35
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