The regulation of social services in Victoria changed on 1 July 2024.
Services within the scope of the new regulatory framework include:
- some services the Department of Families, Fairness and Housing (DFFH) delivers, including child protection services and secure welfare services
- out of home care services for children and young people
- community-based child and family services including early parenting, intake services, Aboriginal child specialist advice support services and counselling services
- disability services offered or funded by the DFFH, or funded by the Transport Accident Commission or WorkSafe
- supported residential services
- family violence services such as case management, support, and accommodation services (for those at risk of or who have experienced family violence) and services for perpetrators
- sexual assault services such as specialist services for survivors of sexual assault and specialist harmful sexual behaviour services
- homelessness services such as assessment, case management, support and accommodation services.
The government announced that in the future, the functions of the Disability Services Commissioner and the Victorian Disability Worker Commissioner and Disability Worker Registration Board will be merged into the Social Services Regulator.
The Regulator’s priorities
- engage with the sector to understand how the new social services regulatory scheme can best support the delivery of safe and effective social services
- develop guidance and education materials to support the transition
- work towards effective and efficient reporting mechanisms, registration processes and information sharing.
The new regulatory scheme
Every Victorian deserves to be able to access the social services they need safely.
The government established a new Social Services Regulator to oversee social services to reduce or prevent harms to social service users. The new system streamlines registration and reporting requirements for most social service providers so they can focus on frontline service delivery.
Previously, the Disability Act 2006, Supported Residential Services Act (Private Proprietors) Act 2010, and the Children, Youth and Families Act 2005, provided different registration, reporting and regulatory requirements. This meant that there were different rules in place for different service providers depending on which Act they were registered under. The differences in each Act also meant that some service providers were subject to overlapping regulatory schemes, resulting in duplication of reporting requirements.
The SSR Act amended legislation to streamline registration, reporting and regulation to promote the safe delivery of social services and protect the rights of service users. This will minimise risks of avoidable harm and improve the quality of social services.
Transition timeline
1 July 2024 – Scheme commenced for secure welfare services and services currently required to be registered with the Human Services Regulator. The registrations of these providers have been automatically transferred to the new scheme.
From 1 July 2024 to 30 June 2025 – services not currently required to be registered with the Human Services Regulator will apply for registration with the new Social Services Regulator.
This will be phased according to the various social service sectors via a staggered registration process. This means the Social Services Regulator will invite providers to submit registration applications. The order is:
- 1 July to 31 July 2024 – child protection services and forensic disability services provided by the DFFH
- 1 August to 30 September 2024 – family violence services funded by the DFFH will apply for registration from
- 1 October to 31 December 2024 – homelessness services funded by the DFFH (excluding community and public housing)
- 1 January to 31 March 2025 – sexual assault services funded by the DFFH
- 1 April to 30 June 2025 – disability services funded by the Transport Accident Commission or WorkSafe that are not registered under the Disability Act 2006.
The Regulator must assess the provider’s registration application within 60 days of receiving it. It could take longer than 60 days if the Regulator needs more information from the service provider. Providers can continue to operate the service while the Regulator is assessing the application.
The Worker and Carer Exclusion Scheme
The Worker and Carer Exclusion Scheme is designed to address risks posed by individual workers and carers that require additional interventions.
The scheme replaced the Victorian Carer Register and increases protections for children and young people in out of home care by expanding the range of conduct that can result in a worker or carer being excluded from working.
Before engaging with a worker or carer for the first time, service providers are required to check with the Regulator if the person is on the excluded worker and carer database.
Benefits to the sector
The social services sector reported gaps, inconsistencies in regulation, unnecessary regulatory overlaps and complex requirements.
There are many social service providers that provide services across different areas. They were previously subject to multiple regulatory schemes, leading to regulatory burden. The changes provide flexibility for regulatory bodies to work together to maximise safeguards, while at the same time minimising duplication of reporting for most service providers.
Strengthening the regulatory framework for social services providers promotes the safe delivery of social services and protect the rights of service users to minimise the risks of avoidable harm.
Social Services Regulator Consultative Committee
The Social Services Regulator has established a new consultative committee. The committee is a key consultation mechanism with the social services sector and will support and advise the Regulator on the implementation and operation of the new regulatory scheme.
The committee is independently chaired by Adjunct Professor Susan Pascoe.
Ms Pascoe has an extensive background in government and non-government sectors. She represents many boards including the Board of Mercy Health. Ms Pascoe was the first Commissioner for the charity's regulator, the Australian Charities and Not-for-profits Commission. Ms Pascoe is currently an Adjunct Professor at the University of Western Australia.
The members of the consultative committee are:
- Susan Pascoe AM, Independent Chair
- Tania Farha, CEO, Safe and Equal
- Allison Will, Executive Director, Regulation and Reform, Department of Families, Fairness and Housing
- Kathleen Maltzahn , CEO, of Sexual Assault Services Victoria (SASVic)
- Sarah Fordyce, Victorian State Manager of National Disability Services
- Deborah Di Natale, CEO, Council to Homeless Persons
- Linda Bamblett, CEO, Victorian Aboriginal Community Services Association
- Deb Tsorbaris, CEO, Centre for Excellence in Child and Family Welfare
- Colleen Pearce, The Public Advocate, Office of the Public Advocate
- Juanita Pope, CEO, Victorian Council of Social Service
- VDAC member, TBC
The group met for the first time on 13 September 2024 and will continue to meet quarterly until 30 June 2026.
Reference groups
The Social Services Regulator is also establishing a series of reference groups to support the implementation and operation of the new scheme. The three reference groups are:
- Social service providers – expressions of interest closed
- First Nations peoples – expressions of interest will open soon
- Social services users – expressions of interest will open soon
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