On 1 July 2024, the Social Services Regulator commenced operation.

Its powers and functions are set out in the Social Services Regulation Act 2021 (Vic), the Social Services Regulations 2023 (Vic), the Social Services Regulation Transitional Regulations 2023 (Vic), and the Social Services (Supported Residential Services) Regulations 2024 (Vic).

The purpose of the Social Services Regulator is to:

• register and regulate social service providers
• protect the rights of service users
• support the delivery of safe and effective social services
• minimise risks of avoidable harm caused by abuse or neglect in connection with the delivery of social services
• encourage a culture of continuous quality improvement in the provision of social services
• provide confidence to service users and the community in the safety and quality of social services.[1]

Social Services

The Social Services Regulator is responsible for registering and regulating all of the following social services:

Child protection services

Child protection services are services that are established and maintained by the Minister for Children or provided by an Aboriginal agency under an authorisation under section 18 of the Children Youth and Families Act 2005 (Vic).[2]

Community-based child and family services

Community based child and family services are services provided or funded by the Secretary to the Department of Families, Fairness and Housing that are specifically for:

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

These services include:

• services that provide residential programs for parents and children at high risk of harm who are referred to that service by a child protection service, and that assess and build parenting skills and parents’ confidence to protect and care for their children
• community based services that assess and build parenting skills and parents’ confidence to protect and care for their children
• services or activities that are necessary for, or incidental to, an initial assessment to determine risks to and needs of children and their families
• services or activities that are necessary for, or incidental to, the giving of information, referrals and advice for children and their families
• case planning services
• case management services
• Aboriginal child specialist advice and support services
• services and activities that are necessary or incidental to supporting any of the following:
  • Aboriginal family-led decision making
  • Aboriginal cultural planning services
  • Aboriginal kinship finding services
  • Aboriginal family services
• training and skills development services
• counselling services
• services for care leavers
• other support services for families at risk of harm who need help with the wellbeing and development of their children, including referral services
• support services that aim to address issues that may lead to family breakdown or that aim to divert children away from child protection services.[3]

Disability services

In this context, disability services are services that meet any of the following descriptions:

• forensic disability services provided or funded by the Secretary to the Department of Families, Fairness and Housing specifically for persons with a disability
• disability support services provided or funded by the Secretary to the Department of Families, Fairness and Housing specifically for persons with a disability
• residential services provided or funded by the Secretary to the Department of Families, Fairness and Housing specifically for persons with a disability
• any of the following services funded by the Transport Accident Commission specifically for persons with a disability:
  • disability support services
  • case management services
  • training and skills development services that aim to increase or maintain the independence of persons with a disability
  • residential services for persons with a disability
• any of the following services funded by the Victorian Workcover Authority specifically for persons with a disability:
  • disability support services
  • case management services
  • training and skills development services that aim to increase or maintain the independence of persons with a disability
  • residential services for persons with a disability.

Disability services will not be regulated by the Social Services Regulator if they meet any of the following descriptions:

• regulated disability services within the meaning of the Disability Act 2006 (Vic)
• services provided by persons or bodies as NDIS providers to NDIS participants
• services provided by persons or bodies as approved providers regulated under the Aged Care Act 1997 (Cth)
• disability employment services funded by or under an Act of the Commonwealth
• medical services funded by the Transport Accident Commission and that meet the definition in the Transport Accident Act 1986 (Vic)
• services funded by the Victorian Workcover Authority that are provided by registered health practitioners
• services funded by the Victorian Workcover Authority specifically for the purpose of returning people to employment, including job placement services, return to work assessment services or occupational rehabilitation services.[4]

Family violence services

Family violence services are services that are provided or funded by the Secretary to the Department of Families, Fairness and Housing that meet any of the following descriptions:

• services specifically for people who are at risk of, or who have experienced family violence including:
  • triage and support services
  • crisis services
  • refuge and accommodation-related services
  • case management services
  • therapeutic intervention services
• intervention services specifically for perpetrators of family violence, including:
  • intake and referral services
  • accommodation-related services
  • behaviour change programs
  • case management services
  • therapeutic intervention services
• child and youth family violence services. [5]

Homelessness services

Homelessness services are services that are provided or funded by the Secretary to the Department of Families, Fairness and Housing specifically for, and that involve contact with, people who are experiencing, or who are at risk of homelessness that meet any of the following descriptions:

• accommodation services (other than long-term social housing services) including:
  • services providing or arranging for crisis accommodation
  • services providing or arranging for transitional housing (other than tenancy management services)
  • services providing or arranging for supported housing (other than tenancy management services)
• assessment services
• case management services
• support services including:
  • crisis response services
  • counselling services
  • services providing meals, personal care and shower facilities
  • activities that aim to assist access to accommodation, training and employment
  • life skills development, peer support services and associated skills development
  • services providing support to establish and sustain tenancies
  • services that assist in finding long-term housing for people who are experiencing, or who are at risk, of homelessness
  • other supports that assist to reduce the risk that a person may become homeless
• youth homelessness services including:
  • youth crisis response services
  • services for care leavers
  • family reconciliation services
  • youth services that aim to assist access to accommodation, education, training and employment and connection with the community.[6]

Out of home care services

Out of home care services are services that are provided or funded by the Secretary to the Department of Families, Fairness and Housing specifically for, and that involve contact with children in need of protection who are in out of home care; or who are to be placed in out of home care under the Children Youth and Families Act 2005 (Vic).

The services must meet any of the following descriptions:

• home-based care services including foster care services, kinship care services and permanent care services
• accommodation and support services in community-based houses
• accommodation and support services in shared house accommodation for children aged 16 to 18 years old
• any other accommodation and support services for children who require out of home care.[7]

Secure welfare services

Secure welfare services are services that are established under section 44(1)(a)(ii) of the Children Youth and Families Act 2005 (Vic) to meet the needs of children requiring protection, care or accommodation and that have lock-up facilities.[8]

Sexual assault services

Sexual assault services are services that are provided or funded by the Secretary to the Department of Families, Fairness and Housing specifically as sexual assault services.

These services must meet any of the following descriptions:

• specialist support services for survivors of sexual assault and other persons impacted by sexual violence including:
  • crisis care services
  • advocacy services
  • counselling services
  • therapeutic intervention services
• specialist harmful sexual behaviour services, including early intervention and treatment services
• sexual assault therapeutic intervention services.[9]

Supported residential services

Supported residential services are premises where accommodation and personal support are privately provided or offered to residents for a fee or reward.

The following services will not be considered supported residential services for the purposes of being regulated by the Social Services Regulator:

• residential premises where accommodation and personal support or nursing care, or both, are provided to people in respect of whom residential care subsidies are payable under an Act of the Commonwealth
• premises used for residential services within the meaning of the Disability Act 2006 (Vic)
• accommodation approved for supervised treatment under section 187 of the Disability Act 2006 (Vic)
• premises that are SDA (Supported Disability Accommodation) enrolled dwellings occupied by SDA residents within the meaning of the Residential Tenancies Act 1997 (Vic)
• premises used for a designated mental health service within the meaning of the Mental Health Act 2014 (Vic)
• premises used for secure welfare services within the meaning of the Children Youth and Families Act 2005 (Vic)
• premises used for out of home care services within the meaning of the Children Youth and Families Act 2005 (Vic)
• premises in which accommodation and personal support is provided to all residents under a funding and service agreement with the State or the Commonwealth or a public body where that agreement specifies requirements or standards for the provision of care
• premises that are recorded in the register kept under section 38J of the Retirement Villages Act 1986 (Vic) and that satisfy the requirements of section 38L of that Act.[10]

Registration Process

One of the first priorities of the new regulator will be to register all social services in Victoria. This work is being completed in stages.

Stage 1

The Social Services Regulator has completed Stage 1. This was where the Social Services Regulator automatically registered the social service providers that were already registered with the former Human Services Regulator. These included:

• community-based child and family services registered under the Children Youth and Families Act 2005 (Vic)
• secure welfare services and community services provided by the Department of Families, Fairness and Housing under section 44 of the Children Youth and Families Act 2005 (Vic)
• supported residential services registered under the Supported Residential Services (Private Proprietors) Act 2010 (Vic)
• disability services registered under the Disability Act 2006 (Vic).

This phase also included registering other social services provided by the Department of Families Fairness and Housing. This included registered child protection services, forensic disability services, and activities performed by Family Safety Victoria.

During this period, the Social Services Regulator also focused on registering any other social service that was operating before 1 July 2024 that was not registered and that was not a provider of any of the following services:

• supported residential services
• family violence services
• homelessness services
• sexual assault services
• disability services funded by the Transport Accident Commission
• disability services funded by the Victorian Workcover Authority.[11]

Stage 2

The Social Services Regulator is currently in Stage 2.[12] This means that they have registered and are in the process of registering providers that were not registered with the former Human Services Regulator but are funded by the Secretary to the Department of Families, Fairness and Housing. These consist of the following services:

• family violence services funded by the Secretary to the Department of Families, Fairness and Housing [13]
• homelessness services funded by the Secretary to the Department of Families, Fairness and Housing [14]
• sexual assault services funded by the Secretary to the Department of Families, Fairness and Housing.[15]

Stage 3

The Social Services Regulator will then move on to Stage 3. This registration period is between April and June 2025.[16] During this registration period, the Social Services Regulator will focus on registering disability services that:

• were delivering disability services before 1 July 2024
• were not required to be registered with the former Human Services Regulator
• are funded by the Transport Accident Commission and/or the Victorian Workcover Authority.[17]

Registration Requirements

In order to be registered as a social service provider in Victoria, a provider will need to meet all of the following criteria:

Suitable provider and key personnel

The provider must demonstrate that it is suitable to provide the social service. It must also demonstrate that each of its key personnel are suitable persons to provide the social service.

The purpose of this requirement to help ensure that the provider and key personnel are of good character.  This means that the Social Services Regulator may have regard to matters such as the following:

• any relevant criminal history
• any relevant finding or decision made about the person involving fraud, misrepresentation or dishonesty
• any finding by a relevant regulator or tribunal that the person has engaged in misconduct
• whether the registration of the person to provide a social service has been revoked
• whether any sanction, condition or restriction has been placed on the person in relation to a social service owned or managed wholly or in part by the person
• whether the person, or any business owned or managed wholly or in part by the person, is or has been an insolvent under administration.[18]

In order to conduct this assessment, the Social Services Regulator may request various information and documents about the provider and each of its key personnel. This may include the following:

• details of any professional registration
• a recent Nationally Co-ordinated Criminal History Check
• safety screening completed by Working with Children Check Victoria or the NDIS Worker Screening Check (as appropriate)
• copies of any findings made by other regulators such as:
  • Aged Care Quality and Safety Commission
  • Australian Health Practitioner Regulation Agency
  • Working with Children Check Victoria
  • Commission for Children and Young People
  • NDIS Quality and Safeguards Commission
  • Victorian Disability Worker Commission
  • the Suitability Panel
  • the Human Services Regulator.[19]

Suitable governance and operational arrangements

The provider must demonstrate that it has suitable arrangements in place to provide the social service.

This means that the Social Services Regulator may have regard to any of the following matters:

• whether the provider has appropriate governance and operational management structures in place and whether these are documented
• whether the provider has appropriate insurance
• whether the provider has the financial capacity to provide social services.[20]

In order to conduct this assessment, the Social Services Regulator may request various supporting documents such as the following:

• board and committee structure
• governance policy and procedure
• certificate of insurance
• business plan or operational plan
• financial documents such as balance sheets, profit and loss statements, cashflow projection, bank statements and loan agreements
• fee structures
• relevant policies and procedures including those relating to:
  • risk management
  • incident management
  • recruitment, employment and human resource management
  • feedback and complaints
  • conflicts of interest.[21]

Suitable qualifications, skills or experience

The provider must demonstrate that key personnel have suitable qualifications, skills and experience to safely deliver the social service, and that they understand the service requirements.[22]

The provider must also demonstrate that it has systems and processes in place to ensure that the service is provided by persons who have relevant qualifications, skills or experience to safely deliver the service.[23]

The purpose of this requirement is to help ensure that the organisation as a whole has the right qualifications, skills and experience to support service users.

This means that the Social Services Regulator may check to see if key personnel have qualifications in governance, financial management, risk management, workforce planning, service planning and delivery, and continuous improvement.

It also means that, depending on the nature of the provider and the social services being provided, the Social Services Regulator may also check to see that relevant staff have qualifications in behaviour support, case management, social work, psychology, mental health, family violence, and sexual assault prevention and response.[24]

In order to conduct this assessment, the Social Services Regulator may require various supporting information and documents such as the following:

• position descriptions
• recruitment practices, including any related policies and procedures
• qualifications, skills and experience of each key personnel
• qualifications, skills and experience of relevant staff
• workforce planning, including the identification of qualifications, skills and experience required, and the assessment of any gaps or opportunities to improve the workforce
• workforce training and development, including any related policies, procedures, education and training provided to support and upskill staff and volunteers.[25]

Suitable premises

The provider must also demonstrate that the premises it uses to provide the social service is suitable for the safe delivery of the social service.

This means that the Social Services Regulator may have regard to any of the following matters:

• The safety and accessibility requirements of service users
• The suitability of fixtures and fittings to enable the safe use of the premises
• Any agreement or arrangement between the provider and the owner of the premises that relates to the safety of the premises and the facilities and fixtures at the premises
• Whether the premises comply with any other laws relating to the safety and use of the premises.[26]

In order to conduct this assessment, the Social Services Regulator may require various information and documents. These may include the following:

• lease or rental agreements
• floor plan of the premises used to deliver social services
• emergency management plan
• maintenance schedules
• photos of the premises that show adequate and appropriate:
  • lighting and window furnishings
  • heating, cooling and ventilation
  • kitchen, bathroom and laundry facilities
  • fixtures, fittings, furniture and/or equipment
  • storage for personal belongings
  • locks, alarms and other security measures.[27]

Suitable employees and contractors

The providers of foster care services, out of home care services, and secure welfare services must also demonstrate that they have systems and processes in place to ensure that the people that they employ or engage to provide foster care, out of home care, or care in secure welfare to children and young people are suitable.

The matters that must be considered by each of these providers include the following:

• the person’s criminal history
• the person’s medical history, including mental health
• the person’s general character
• the person’s capacity to provide stability and continuity of care
• the person’s capacity to protect and promote a child’s safety, wellbeing and development
• the person’s capacity to maintain the child’s religious faith, connection to culture, and relationships with the child’s birth parent and family
• the person’s capacity to work collaboratively with other service providers such as disability services, health services and education providers. [28]

In order to conduct this assessment, the Social Services Regulator may require various information and documents. These may include the following:

• recruitment policy and procedure
• policies, procedures and practices to monitor the ongoing suitability of the foster carers, out of home carers or secure welfare officers
• induction, training and ongoing professional development.[29]

Process

An application for registration as a social service provider will usually be processed within 60 days but this time may be extended in some circumstances.[30]

During this process, the Social Services Regulator may ask for additional information and documentation.

Once a provider is registered with the Social Services Regulator, the registration will continue until the registration is suspended, cancelled or revoked.[31] That is, providers will not be required to apply to renew their registration on a regular basis.

Registration Obligations

Once registered, a social service provider in Victoria will need to comply with various obligations that include the following:

Conditions on registration

The provider must comply with the conditions on their registration. These may include conditions that relate to:

• the types of social services which may be provided
• the operating hours in which the social services may be provided
• the premises from which social services may be provided
• the number of service users that can be provided a social service
• the classes of services users to whom social services may be delivered.[32]

Social Services Standards

The provider must comply with the Social Services Standards.[33] These consist of the following standards:

• Social services are to be safely delivered based on assessed needs.
• Social services are to be person-centred and respect and uphold service user rights and advocacy.
• Social services are to be provided in a safe, secure and fit-for-purpose environment.
• Social service users are to be supported to provide feedback, complaints or concerns about service safety.
• Effective governance and organisational systems are to support safe delivery of social services.
• Social services are to be delivered by a workforce that has the knowledge, capability and support to deliver safe social services with care and skill.[34]

Child Safe Standards

Some social service providers may also need to comply with the Child Safe Standards.[35] These consist of the following standards:

• Organisations establish a culturally safe environment in which the diverse and unique identities and experiences of Aboriginal children and young people are respected and valued.
• Child safety and wellbeing is embedded in organisational leadership, governance and culture.
• Children and young people are empowered about their rights, participate in decisions affecting them and are taken seriously.
• Families and communities are informed and involved in promoting child safety and wellbeing.
• Equity is upheld and diverse needs respected in policy and practice.
• People working with children and young people are suitable and supported to reflect child safety and wellbeing values in practice.
• Processes for complaints and concerns are child-focused.
• Staff and volunteers are equipped with the knowledge, skills and awareness to keep children and young people safe through ongoing education and training.
• Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed.
• Implementation of the Child Safe Standards is regularly reviewed and improved.
• Policies and procedures document how the organisation is safe for children and young people.

Notifiable incidents

A social service provider must notify the Social Services Regulator of any serious incident that has occurred, or may pose a serious risk to service users, during the delivery of a social service.[36]

Notifications about changes in circumstances

A social service provider must also notify the Social Services Regulator about certain changes in circumstances. These include the following:

• changes to the volume and type of social services provided
• staffing changes that materially impact service delivery
• organisational changes that significantly impact service delivery
• changes to premises at which the social services are provided that materially impact service delivery
• changes to registration information
• criminal convictions of the registered social service provider, directors of the social service provider and key personnel.[37]

We will post additional information about these and other obligations over time.

Safety Quality & Care Legal Services welcomes these developments.

It looks forward to working with social service providers and the Social Services Regulator to improve the safety, quality and care provided to all people receiving social services in Victoria.

 

 

Elena Totino

Founder, Director & Principal Lawyer

Safety Quality & Care Legal Services

 

January 2025

 

[1] Social Services Regulation Act 2021 (Vic), s. 7

[2] Social Services Regulations 2023 (Vic), Reg. 4 & 5(a)

[3] Social Services Regulations 2023 (Vic), Reg. 5(b) & 6

[4] Social Services Regulations 2023 (Vic), Reg. 5(c) & 7

[5] Social Services Regulations 2023 (Vic), Reg. 5(d) & 8

[6] Social Services Regulations 2023 (Vic), Reg. 5(e) & 9

[7] Social Services Regulations 2023 (Vic), Reg. 5(f) & 10

[8] Social Services Regulations 2023 (Vic), Reg. 4 & 5(g)

[9] Social Services Regulations 2023 (Vic), Reg. 5(h) & 11

[10] Social Services Regulation Act 2021 (Vic), s. 214(1) and Social Services Regulations 2023 (Vic), Reg. 5(i)

[11] State of Victoria, Department of Families, Fairness and Housing, Information Sheet: Registering with the Social Services Regulator – Group 1, May 2024

[12] State of Victoria, Department of Families, Fairness and Housing, Information Sheet: Registering with the Social Services Regulator – Group 2, May 2024

[13] These services were required to comply with the registration process by no later than 30 September 2024. Social Services Regulation Transitional Regulations 2023, Reg. 5(3), Table 1, Item 2.

[14] These services were required to comply with the registration process by no later than 31 December 2024. Social Services Regulation Transitional Regulations 2023, Reg. 5(3), Table 1, Item 3

[15] These services are required to comply with the registration process by no later than 31 March 2025. Social Services Regulation Transitional Regulations 2023, Reg. 5(3), Table 1, Item 4

[16] State of Victoria, Social Services Regulator, Information Sheet: Registering with the Social Services Regulator – Group 3, December 2024

[17] These services will be required to comply with the registration process by no later than 30 June 2025. Social Services Regulation Transitional Regulations 2023, Reg. 5(3), Table 1, Item 5

[18] Social Services Regulations 2023 (Vic), Reg. 16-17

[19] State of Victoria, Social Services Regulator, Information Sheet: Suitability Requirements – Demonstrating suitability in the registration process, August 2024, p. 6 & Appendix 1

[20] Social Services Regulations 2023 (Vic), Reg. 18-19

[21] State of Victoria, Social Services Regulator, Information Sheet: Suitability Requirements – Demonstrating suitability in the registration process, August 2024, p. 8 & Appendix 3

[22] Social Services Regulations 2023 (Vic), Reg. 20-21

[23] Social Services Regulations 2023 (Vic), Reg. 22

[24] State of Victoria, Social Services Regulator, Information Sheet: Suitability Requirements – Demonstrating suitability in the registration process, August 2024, Appendix 1

[25] State of Victoria, Social Services Regulator, Information Sheet: Suitability Requirements – Demonstrating suitability in the registration process, August 2024, Appendix 1

[26] Social Services Regulations 2023 (Vic), Reg 25-26

[27] State of Victoria, Social Services Regulator, Information Sheet: Suitability Requirements – Demonstrating suitability in the registration process, August 2024, Appendix 2

[28] Social Services Regulations 2023 (Vic), Reg. 23 & 24

[29] State of Victoria, Social Services Regulator, Information Sheet: Suitability Requirements – Demonstrating suitability in the registration process, August 2024, Appendix 4

[30] Social Services Regulation Act 2021 (Vic), s. 24

[31] Social Services Regulation Act 2021 (Vic), s. 31

[32] Social Services Regulation Act 2021 (Vic), s. 26(2)

[33] Social Services Regulation Act 2021 (Vic), s. 45

[34] Social Services Regulation Act 2021 (Vic), ss. 39-44

[35] Social Services Regulation Act 2021 (Vic), s. 26(4)

[36] Social Services Regulation Act 2021 (Vic), s. 48(1)

[37] Social Services Regulation Act 2021 (Vic), s. 47