Services in scope of the new scheme

The Social Services Regulator exists to ensure social services providers meet standards, to protect the rights of service users and prevent abuse or neglect in the delivery of social services.

The new scheme establishes a consistent set of requirements for social service providers where they had previously been subject to different requirements under different laws.

The main parts of the scheme are:

• Registration – all in-scope providers must register with the Regulator
• Social Services Standards – all registered providers must comply with the six Standards
• Notifications – all registered providers have requirements to notify the Regulator about certain things.

What social services are included?

The Social Services Regulations 2023 (the Regulations) outline services within scope of the scheme. These services include:

• Child protection services
• Community-based child and family services (provided or funded by the Department of Families, Fairness and Housing)
• Disability services provided or funded by the Department of Families, Fairness and Housing or funded by the Transport Accident Commission or WorkSafe (with some specific exclusions)
• Family violence services (provided or funded by the Department of Families, Fairness and Housing)
• Homelessness services (provided or funded by the Department of Families, Fairness and Housing)
• Out-of-home care services (provided or funded by the Department of Families, Fairness and Housing)
• Secure welfare services (provided or funded by the Department of Families, Fairness and Housing)
• Sexual assault services (provided or funded by the Department of Families, Fairness and Housing)
• Supported residential services.

If a provider delivers services covered by this list, they are included in the scheme. Providers are responsible for determining if the services they offer are included in the scheme and for registering those services with the Social Services Regulator in line with the registration timeframes.

For more information on the registration process, go to Social Services Regulator registration.

What funding sources are included?

Some services in the list above are included if they are funded by the Department of Families, Fairness and Housing (DFFH), the Transport Accident Commission (TAC) or WorkSafe.

To be included in the scheme, services need to meet one of the following funding criteria:

• the funding is provided by DFFH and:
  • agreed in writing
  • in a service agreement or invoice
  • may be either fixed-term or ongoing.

or

• the funding for disability services is provided by TAC or WorkSafe, and:
  • agreed in writing
  • in a service agreement or invoice.

This funding criteria do not apply to all services, for example, supported residential services and DFFH.

If you are a contractor to a provider that is included in the scheme, you are not required to register with the Social Services Regulator.

Social Services Standard 5 – Accountable organisational governance - requires the registered provider to have systems and processes in place to ensure safe service delivery by contractors. More information can be found on Social Services Regulator’s Social Services Standards.

Services excluded from the scheme

Excluded disability services

Some types of disability services are specifically excluded from the scheme by the Regulations. The disability services not included in the scope of the scheme are:

1. A regulated disability service as defined under the Disability Act 2006, including Disability advocacy.

A ‘regulated disability service’ under the Disability Act is defined as a service provided to a person with a disability, by:

• a contracted service provider
• a funded service provider
• other types of service providers defined in the Disability Act.

2. A service provided by a NDIS provider to a NDIS participant
3. A service provided under the Aged Care Act (Commonwealth), such as a residential aged care facility
4. Medical services funded by the TAC
5. Specific services funded by WorkSafe including services:

• provided by a registered health practitioner
• specifically to return a person to employment.

These types of disability services are excluded from the scheme by the Regulations. This means the requirements of the scheme do not apply to the delivery of these services. Requirements of other regulators and laws may apply.

Not meeting the description of a social service

Some services do not meet the description of a social service outlined in the Regulations, even if the services have been funded by DFFH, TAC or WorkSafe.

The services excluded from the scheme for this purpose are:

Supported Playgroups

• provided to families experiencing disadvantage and assist parents to improve the early home learning environment and children’s wellbeing and development
• many local councils deliver this service.

Koori Supported Playgroups

• provided to Aboriginal families experiencing disadvantage and assist parents to improve the early home learning environment and children’s wellbeing and development.

Regional parenting services

• Includes group and individual based support
• Community service organisations and local government provide these services.

Strengthening Parent Support Program

• Includes group and individual-based support.

The requirements of the scheme do not apply to these services. Requirements of other regulators and laws may apply.

Other services specifically included in the scheme

The Regulations specifically include care leaver programs as within scope of the scheme.

This means the pre-1990 care leaver program funded by DFFH is included in the scheme and must register and meet the requirements of the scheme.

Next steps

This information should help most service providers know if their services are included in the scheme.

Providers can also seek independent legal advice.

For further enquiries you can contact the Social Services Regulator by email enquiries@ssr.vic.gov.au.