New laws to protect social services users take effect

16 July 2024
social services regulator
New legislation to ensure vulnerable Victorians are better protected took effect on 1 July 2024.

The new Social Services Regulation Act will strengthen the community sector by streamlining and simplifying the regulation of social services and reducing red tape, protecting social services users from avoidable harm.

Services covered under the new Social Services Regulation Act include family violence, sexual assault, homelessness, Supported Residential Services and disability services not within the National Disability Insurance Scheme. It will also oversee government-funded children, youth and family services.

Following the appointment of an independent regulator, Jonathan Kaplan, the new system has established a single set of Social Service Standards and a single registration process for hundreds of community organisations.

The new regulator replaces the Human Services Regulator and provides separation between the responsibilities of the Department of Families, Fairness and Housing and decisions made by the Regulator.

The Regulator can identify shortcomings in service delivery and work with organisations to meet standards, issue fines to organisations and initiate criminal proceedings for aggravated breaches of the standards where there has been wilful and serious non-compliance.

Mr Kaplan has reassured funded organisations that he will take a “graduated approach” to regulating the new standards with his initial focus being on informing and educating them about obligations under the new standards. “This means our initial focus will be on informing and educating organisations about their obligations under the new standards,” he said.

“We understand that for some organisations, it may take time and effort to get things right. But over time, we will expect organisations to have comprehensively implemented the new standards.”

Under the new Act, the Worker and Carer Exclusion Scheme has also commenced. 

Designed to address risks posed by individual workers and carers, the scheme replaces the Victorian Carer Register. It also 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 must check with the Regulator if the person is on the excluded worker and carer database.

In April, the Social Services Regulator launched its new website making it easier for organisations to register and access information and guidance material about the new legislation. 

To learn more about the new Social Services Regulator, download the guidance materials or subscribe to the Social Services Regulator newsletter, visit www.ssr.vic.gov.au.