The Social Services Regulator (SSR) is an independent statutory authority that exists to safeguard the rights of children and young people as well as people who use social services in Victoria.
The SSR regulates the Social Services Standards and the Child Safe Standards across a range of settings. It also administers the Worker and Carer Exclusion Scheme (WCES), Reportable Conduct Scheme (RCS), the Working with Children Check (WWCC) scheme and NDIS check.
As one of five co-regulators of the Child Safe Standards, the SSR supports the implementation of good practices in organisations. We will respond if organisations continue practices that put children at unacceptable levels of risk.
We have powers under the Child Wellbeing and Safety Act 2005 to take action where there may be non-compliance with the Child Safe Standards.
Our approach
We take a risk-based approach to monitoring, assessing compliance and enforcement of the Child Safe Standards. Risk guides our decisions, our allocation of resources and our prioritisation. We believe that children should experience consistent levels of safety within organisations that we regulate. While risk will guide our decisions, we aim for all organisations to be compliant.
We take a graduated approach to achieving compliance by the organisations we regulate. Often, we can educate and support organisations to become compliant. But we will use more significant powers when needed. This includes if organisations are not demonstrating willingness to achieve compliance, have repeated or serious compliance issues or where there is greater harm or significant risk of harm to children.
We recognise the diversity of organisations we regulate under the Child Safe Standards, and we do not take a prescriptive approach to responding to risks of child abuse. We recognise that different sectors and organisations need different approaches to support them to comply.
The appropriate compliance action is determined by several factors considered together including:
- the circumstances of the organisation
- the nature of the compliance issue
- the role of co-regulators.
For more information on how we regulate organisations, see our regulatory approach.
Find out more about co-regulators of the Child Safe Standards.
How we use our powers to regulate the Child Safe Standards
We value the information we receive about potential non-compliance with the Child Safe Standards. The SSR has a range of powers to monitor organisations and investigate their compliance with the Child Safe Standards.
When we are advised of concerns about an organisation, we may take a range of actions to monitor, investigate and enforce compliance with the Child Safe Standards. We may:
- make further inquiries about an organisation’s compliance with the Child Safe Standards
- provide additional education and advice to the organisation to improve its compliance with the Child Safe Standards
- collaborate and share information with co-regulators of the organisation
- begin enforcement action which may include issuing a notice to produce or notice to comply.
More details about our powers can be found in the Child Safety Act Wellbeing Act 2005 and are summarised below.
Monitoring and investigation
Our monitoring and investigation functions help us understand and assess compliance with the Child Safe Standards.
Requesting information
The SSR can request information or documents from any person or organisation. This will help us determine if:
- the organisation is complying with the Child Safe Standards, or
- an organisation needs to comply with the Child Safe Standards.
Conducting inspections
The SSR has the power to inspect a premises:
- with the consent of the organisation
- with a warrant
- without a warrant or consent of the organisation (in case of a registered provider).
During an inspection the SSR’s Authorised Officers may, among other things:
- observe activities
- inspect documents
- request information
- take photographs or recordings
- seize any item or document.
We may also meet with employees, children, volunteers, parents and carers to assist with our assessment.
It is a contravention of the SSR Act to hinder or obstruct an authorised officer or an independent investigator who is exercising, or attempting to exercise power under the SSR Act or the associated regulations. The maximum penalty is over $61,00 (300 penalty units) for a body corporate and $12,200 (60 penalty units) in the case of any individual.
Notice to obtain information, documents and evidence
The SSR can issue a written notice to provide information, produce documents or appear before the SSR (notice to produce). This notice requires an organisation to produce any document or information the SSR reasonably requires, or appear before the SSR to answer questions and provide information and/or documents in person.
Failure to comply with a notice to produce can be a criminal offence or be subject to penalties. This can result in the SSR taking further action to enforce the law, and the maximum penalty is over $61,000 (300 penalty units) for a body corporate and $12,200 (60 penalty units) for any other case including individuals.
Offence – providing false or misleading information
It is a contravention of the SSR Act for a person to knowingly give information or documents to the SSR that they know to be false or misleading. The maximum penalty is over $61,000 (300 penalty units) for a body corporate and $12,200 (60 penalty units) for any other case including individuals.
Enforcement actions
Enforcement actions are steps the SSR can take to encourage organisations to comply with the Child Safe Standards.
Improvement notice
The SSR can issue an organisation with an improvement notice . The SSR will issue this if it believes that the organisation is not complying with the Child Safe Standards.
An improvement notice outlines action the organisation must take to become compliant with the Child Safe Standards. The notice must include a timeframe for action, what action is sought and list the non-compliance identified.
Failure to comply with an improvement notice can be subject to civil penalties. This can result in the SSR taking further action to enforce the law, and the maximum penalty is over $244,200 (1200 penalty units) for a body corporate and $48,800 (240 penalty units) for any other case including individuals.
Enforceable undertaking
The SSR may accept an enforceable undertaking from an organisation. An enforceable undertaking is a legally enforceable written agreement where an organisation commits to take agreed actions to remedy non-compliance with the Child Safe Standards.
The SSR maintains a publicly available register of all enforceable undertakings that it accepts. Failure to comply with an undertaking may result in the SSR making an application to the court for an enforcement order.
Infringement notice
The SSR can issue an infringement notice (which includes a financial penalty) if:
- A person fails to comply with a notice to obtain information, documents and evidence issued under s109 of the SSR Act
- A person fails to comply with an improvement notice issued under s138 of the SSR Act
- A person obstructs or hinders (or directs another person to hinder or obstruct)) an authorised officer or an independent investigator who is exercising powers under the SSR Act.
Enforcement through the court
The SSR can also apply to the Magistrates’ Court for a range of orders and civil penalties.
Enforcement order
The SSR can apply to the court for an enforcement order if an organisation has failed to comply with an enforceable undertaking. The magistrate may order an organisation to comply with the enforceable undertaking or make any other order they consider appropriate.
Declaration
If an organisation has not complied with a notice to produce or a notice to comply, the SSR may seek a declaration of this non-compliance from the court. A declaration can be sought from the court as well as other orders such as injunctions or fines.
Adverse publicity order
The Magistrates Court may make an adverse publicity order if the court finds a person guilty of an offence against the SSR Act
The SSR can commence civil or criminal proceedings against people or organisations who commit a range of offences outlined above. The SSR can ask the court to apply penalties to an individual or organisation along with the other sanctions listed above.
Being convicted of a criminal offence may prevent an individual from performing some professional roles (for example a company director).
Updated