Relevant Agencies and Regulators
Individuals and organisations that provide services, programs, facilities or activities to children and young people, or other vulnerable people have a large number of legal obligations.
Individuals and organisations that provide services, programs, facilities or activities to children and young people, or other vulnerable people have a large number of legal obligations.
They may interact and be accountable to various regulators and agencies including any one or more of the following:
The Australian Children’s Education and Care Quality Authority (ACECQA) is a Commonwealth authority that assists the state and territory governments to administer the National Quality Framework for education and care services in Australia.
Education and care services refers to certain services provided to children from birth to 13 years of age. These services include long day care, family day care, holiday programs, out of school hours care, pre-schools and kindergartens.
The National Quality Framework consists of the relevant legislation, the National Quality Standards, the assessment and quality rating process, and the national learning frameworks that apply to these services.
ACECQA does not accept complaints from families and the general public about the operation of education and care services.
ACECQA does not regulate or oversee the Victorian Department of Education (Quality Assessment and Regulation Division) or any of the other state and territory regulatory authorities responsible for registering and regulating education and care services.
Detailed information about the Australian Children’s Education and Care Quality Authority (ACECQA) can be found on its website: www.acecqa.gov.au
The Aged Care Quality and Safeguards Commission is a Commonwealth authority that registers and regulates aged care services such as residential care services, home care services, and other aged care services funded by the Commonwealth government.
As part of this role, it receives, assesses, investigates and resolves complaints about aged care services.
It can also issue banning orders and prohibit or restrict people from working as an aged care worker, or a governing person of an aged care service. The purpose of a banning order is to help ensure that people working in aged care services are suitable, and do not pose a serious risk to the health, safety and wellbeing of people receiving aged care services.
Detailed information about the Aged Care Quality and Safeguards Commission can be found on its website: www.agedcarequality.gov.au
The Australian Commission on Safety and Quality in Healthcare is a Commonwealth authority that develops, promotes and supports arrangements, programs, initiatives, standards and guidelines relating to safety and quality in health care services.
It does not manage complaints about health care services.
Detailed information about the Australian Commission on Safety and Quality in Health Care can be found on its website: www.safetyandquality.gov.au
The Australian Competition and Consumer Commission (ACCC) is a Commonwealth authority that is responsible for protecting the interests and safety of consumers.
It can receive and assess complaints that an individual or organisation may have provided a service that does not meet certain standards. For example:
It does not investigate or resolve individual complaints but may take action if the issue is systemic or may result in widespread harm.
Detailed information about the Australian Competition and Consumer Commission can be found on its website: www.accc.gov.au
The Australian Health Practitioner Regulation Agency (AHPRA) is a Commonwealth authority that works in partnership with the National Boards to ensure that registered health practitioners are suitably trained, qualified and safe to practise in Australia.
The National Boards consist of the following:
The National Boards are responsible for registering and regulating various health professionals.
Each of them can, amongst other things, receive, assess, and investigate complaints and notifications about health practitioners.
The complaints can be about any of the following:
Detailed information about the Australian Health Practitioner Regulation Agency (AHPRA) and the National Boards can be found on the AHPRA website: www.ahpra.gov.au
The Australian Human Rights Commission (AHRC) is a Commonwealth authority. It receives, investigates and conciliates discrimination and human rights complaints (amongst other things).
The complaints can be about decisions made or actions taken in the context of employment, education, the provision of goods or services or facilities, accommodation, and sport.
The complaint may be about discrimination, harassment or bullying that is based on any of the following:
In the context of employment, the complaints can also be about a person’s sexual preferences, criminal record, trade union activity, political opinion, religion, or social origin.
The AHRC can also receive complaints about alleged breaches of human rights by the Commonwealth and its agencies.
Detailed information about the Australian Human Rights Commission (AHRC) can be found on its website: www.humanrights.gov.au
The Chief Officer for Mental Health and Wellbeing is a qualified and experienced officer appointed by the Victorian government. Their role includes:
Information about the Chief Officer for Mental Health and Wellbeing can be found on the Victorian Department of Health website: www.health.vic.gov.au/mental-health-and-wellbeing-act-handbook/oversight-and-system-improvement
The Chief Psychiatrist is a qualified and experienced psychiatrist appointed by the Victorian government. Their role includes:
Detailed information about the Chief Psychiatrist can be found on the Victorian Department of Health website: www.health.vic.gov.au/chief-psychiatrist
The Commission for Children and Young People (CCYP) is an independent Victorian authority that is focused on improving the safety and wellbeing of children and young people. Its responsibilities include:
Any person can notify the CCYP of concerns that an individual or organisation is not complying with the Child Safe Standards.
Any person can also notify the CCYP about allegations of reportable conduct, that is, allegations that an employee, contractor, volunteer or certain other people associated with an organisation may have engaged in any of the following conduct:
Detailed information about the Commission for Children and Young People can be found on its website: www.ccyp.vic.gov.au
The Commonwealth Ombudsman is an independent Commonwealth authority. It can receive and investigate complaints about the actions, inactions and decisions of many Commonwealth departments and Commonwealth government agencies to see if they are unlawful, unjust, unreasonable, discriminatory or wrong.
The Commonwealth Ombudsman can also receive and investigate complaints about contractors providing goods and services to the public under a contract with a Commonwealth government agency.
Detailed information about the Commonwealth Ombudsman can be found on its website: www.ombudsman.gov.au
The Secretary to the Victorian Department of Education is the regulator of children’s services and education and care services in Victoria. This means that the Secretary is responsible for long day care services, family day care services, pre-schools, kindergartens, and out of school hours care programs.
The Secretary has delegated these powers and functions to the Quality Assessment and Regulation Division (QARD) of the Department. QARD’s responsibilities in relation to education and care services include:
QARD can also receive and investigate complaints about education and care services. These complaints can include concerns about the following:
Detailed information about the Department of Education Quality Assessment and Regulation Division can be found on the Victorian government website: www.vic.gov.au/role-quality-assessment-and-regulation-division
The Disability Services Commissioner is an independent Victorian authority. It is responsible for receiving, assessing, conciliating and investigating complaints relating to the following disability services:
Detailed information about the Disability Services Commissioner can found on its website: www.odsc.vic.gov.au
The eSafety Commissioner is an independent Commonwealth authority responsible for promoting and protecting online safety. It can (amongst other things) receive, action and investigate complaints about the following matters:
Detailed information about the eSafety Commissioner can be found on its website: www.esafety.gov.au
The Health Complaints Commissioner is an independent Victorian authority.
It can receive, investigate and action complaints about health service providers in Victoria. This includes complaints about services such as public and private hospitals, GP clinics and community health services. It can also include complaints about individual health practitioners.
The complaints may include concerns about:
In the case of individual health practitioners that do not require registration with the Australian Health Practitioner Regulation Agency (AHPRA), the Health Complaints Commissioner also receives and actions complaints that a health practitioner has not complied with the General Code of Conduct. This General Code of Conduct applies to health practitioners such as counsellors, naturopaths, homeopaths, dieticians, speech pathologists and massage therapists.
Detailed information about the Health Complaints Commissioner can be found on its website: www.hcc.vic.gov.au
The Mental Health and Wellbeing Commission is an independent Victorian authority.
Its functions include monitoring and reporting on the performance, quality and safety of mental health and wellbeing services in Victoria including:
It can also receive, assess, manage, investigate and resolve complaints about public mental health and wellbeing services funded by the Victorian government, including services delivered by a public hospital. The complaints may include concerns about:
Detailed information about the Mental Health and Wellbeing Commission can be found on its website: www.mhwc.vic.gov.au
The Mental Health Tribunal is an independent tribunal in Victoria. It hears and determines certain matters arising from the provision of compulsory mental health and wellbeing services. These include:
Detailed information about the Mental Health Tribunal can be found on its website: www.mht.vic.gov.au
The National Disability Insurance Agency (NDIA) is an independent Commonwealth authority that is responsible for administering and delivering the National Disability Insurance Scheme (NDIS).
Its functions include:
The NDIA’s functions also include preventing, detecting, investigating and responding to misuse or abuse of the NDIS. This may relate to:
Detailed information about the National Disability Insurance Agency can be found on its website: www.ndis.gov.au
The NDIS Quality and Safeguards Commission is an independent Commonwealth authority. Its functions include:
The NDIS Quality and Safeguards Commission also receives, monitors and investigates reportable incidents that may have occurred in connection with the provision of supports or services by registered NDIS providers. These reportable incidents include:
The NDIS Quality and Safeguards Commission also receives, investigates, manages, conciliates and resolves complaints about the provision of supports or services provided by NDIS providers. These include complaints about:
Detailed information about the NDIS Quality and Safeguards Commission can be found on its website: www.ndiscommission.gov.au
The National Disability Insurance Scheme Worker Screening Unit is part of the Victorian Department of Justice and Community Safety. It is responsible for administering the NDIS Worker Screening Check, a screening process for assessing and re-assessing people who work or volunteer for a registered NDIS provider in Victoria. The purpose of this screening process is to help ensure that these workers and volunteers do not pose an unacceptable risk to NDIS participants.
Detailed information about the NDIS Worker Screening Unit can be found on the Victorian government website: www.vic.gov.au/ndis-worker-screening-check
The Office of the Australian Information Commissioner (OAIC) is an independent Commonwealth agency. It is responsible for upholding individual’s rights to privacy and access to information when they interact with the Commonwealth government, its agencies and certain organisations.
In relation to upholding the right to privacy, its functions include the following:
In relation to upholding the right to access information, its functions include:
Detailed information about the Office of the Australian Information Commissioner (OAIC) can be found on its website: www.oaic.gov.au
The Office of the Victorian Information Commissioner (OVIC) is an independent Victorian agency. It is responsible for upholding individual’s rights to privacy and access to information when interacting with the Victorian government and its agencies.
In relation to upholding the right to privacy, its functions include the following:
In relation to upholding the right to access information, its functions include:
Detailed information about the Office of the Victorian Information Commissioner can be found on its website: www.ovic.vic.gov.au
Safer Carer Victoria is an administrative office of the Victorian Department of Health. It is responsible for improving the quality and safety of care delivered across the health care system.
Its functions include conducting quality and safety reviews of particular health services in circumstances where:
It also assists with reviewing and responding to adverse patient safety events and concerns. These are incidents that result in unintended or unexpected physical or psychological harm to a patient whilst they are receiving particular health services.
Detailed information about Safer Care Victoria can be found on its website: www.safercare.vic.gov.au
The Social Services Regulator is an independent Victorian agency.
It registers and regulates social services in Victoria. Social services include child protection services, community-based child and family services, out of home care services, secure welfare services, family violence services, sexual assault services, disability services, supported residential services and homelessness services.
In this capacity, its functions include:
The Social Services Regulator also administers the Worker and Carer Exclusion Scheme. This scheme helps ensure that people who provide foster care to children, or care for children in an out of home care residence or secure welfare service are safe and suitable to provide these services.
In this capacity, its functions include:
Detailed information about the Social Services Regulator can be found on the Victorian government website: www.vic.gov.au/social-services-regulator
Sport Integrity Australia is an independent Commonwealth agency providing advice, assistance and education about issues relating to sport integrity.
Its functions include receiving, assessing, investigating and managing complaints about:
Detailed information about Sport Integrity Australia can be found on its website: www.sportintegrity.gov.au
The Victorian Disability Worker Commission is an independent Victorian agency.
One of its functions is to receive, assess, conciliate and investigate complaints and notifications about disability workers. Complaints can be about:
Detailed information about the Victorian Disability Worker Commission can be found on its website: www.vdwc.vic.gov.au
The Victorian Equal Opportunity and Human Rights Commission (VEOHRC) is an independent Victorian agency.
One of its functions is to receive, assess and conciliate complaints about decisions made or actions taken in the context of employment, education, accommodation, sports and clubs, and the provision of goods or services.
The complaint may be about any of the following:
VEOHRC also receives, assesses, investigates and responds to concerns and complaints about practices that seek to change or suppress the sexual orientation or gender identity of any person.
Detailed information about the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) can be found on its website: www.humanrights.vic.gov.au
The Victorian Institute of Teaching (VIT) is an independent Victorian agency that is responsible for registering and regulating teachers and early childhood teachers in Victoria (among other things).
It can, amongst other things, receive, assess, and investigate complaints and notifications about registered teachers and early childhood teachers.
Complaints can be about:
Detailed information about the Victorian Institute of Teaching can be found on its website: www.vit.vic.edu.au
The Victorian Ombudsman is an independent Victorian agency.
It receives complaints about the actions, inactions and decisions made by public organisations in Victoria (among other things). In the context of services, programs, facilities and activities provided to children and young people, and other vulnerable people, this means that it can receive complaints about:
Detailed information about the Victorian Ombudsman can be found on its website: www.ombudsman.vic.gov.au
The Victorian Registration and Qualifications Authority (VRQA) is an independent Victorian agency that registers and regulates schools in Victoria (among other things).
It can receive, assess and investigate complaints about schools that may have failed to comply with their legal obligations.
This can include complaints that the school has failed to:
Detailed information about the Victorian Registration and Qualifications Authority (VRQA) can be found on its website: www.vrqa.vic.gov.au
The Victorian Senior Practitioner is a qualified and experienced officer appointed by the Victorian government. Their functions include:
Detailed information about the Victorian Senior Practitioner can be found on the Victorian Department of Families Fairness and Housing website: www.dffh.vic.gov.au/victorian-senior-practitioner
Victoria Police is responsible for receiving and investigating information and complaints about potential criminal offences (among many other things). There are various ways in which a person can report information to the Victoria Police depending on whether it is urgent and depending on the nature of the criminal offence.
If anyone is in danger, a criminal offence is currently occurring, or if the police needs to attend immediately, always call 000.
Detailed information about the Victoria Police can be found on its website: www.police.vic.gov.au
Working with Children Check Victoria is part of the Victorian Department of Justice and Community Safety.
It is responsible for administering the Working with Children Check, a screening process for assessing and re-assessing people who work with or care for children in Victoria. The purpose of this screening is to help ensure that people who work or volunteer with children do not pose an unacceptable risk to the safety and wellbeing of children.
Detailed information about Working with Children Check Victoria can be found on the Victorian government website: www.vic.gov.au/working-with-children-check