New laws to protect social services users takes effect

From today, new legislation to ensure vulnerable Victorians are better protected will take effect.

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.

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

The new regulator replaces the Human Services Regulator and provides decision making 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 providers to meet standards, issue fines to providers and initiate criminal proceedings for aggravated breaches of the standards where there has been wilful and serious non-compliance. 

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

The new regulatory scheme

Every Victorian deserves the right to access safe social services where the standards are reliable and consistent.

Under the new system, a single set of Social Service Standards and a single registration process for hundreds of community organisations has been established.

Service providers need to demonstrate they provide safe social services by meeting the service requirements of the six Standards.

We’ve provided guidance and information materials to help you understand and implement the new scheme. Visit our new website to download our Social Services Standards factsheets.

Am I in scope?

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. Prior to this, providers were 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.

Social services providers are included in the scheme based on the services they deliver. This means a provider could have some services that are included in the scheme and some services that are excluded from the scheme. The requirements of the scheme apply to included services.

Learn more about the services in scope here

The Worker and Carer Exclusion Scheme

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 will be required to check with the Regulator if the person is on the excluded worker and carer database.

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.

Learn more here