The Child Safe Standards Regulator (Health) is responsible for administering the Child Safe Standards (the Standards) on behalf of the Secretary of the Department of Health, a prescribed ‘sector regulator’ of the Standards under the Child Wellbeing and Safety Act (2005) (the Act).
Child Safe Standards compliance and enforcement policy
The Child Safe Standards Regulator (Health) Compliance and enforcement policy sets out our approach to compliance and enforcement activities from 1 January 2023. It also aims to provide clarity on how we will exercise our regulatory powers.
This policy covers our:
- compliance and enforcement approaches for supporting and directing compliance
- principles and criteria for decision-making, including the consideration of risk, and behaviour and motivations for compliance.
Notice variation
You may apply for a variation of the following notices issued by the Regulator under the Act:
- notice to produce
- notice to comply
To apply for a variation complete the Notice variation application form and email it to childsafestandards@health.vic.gov.au at least 7 days before the notice due date.
Internal Review
As the Regulator, we may make decisions under the Act that affect you and that you may disagree with.
Where this occurs, you may make an application to us for an internal review of certain decisions as allowed under the Act.
The department's Review of decisions of the Child Safe Standards Regulator (Health) guide explains the types of decisions that can be reviewed and the process for seeking an internal review.
To make an application for an internal review complete the Child Safe Standards Internal Review Application form and email it to childsafestandards@health.vic.gov.au
Enforceable undertakings
An enforceable undertaking is a legally enforceable agreement that involves an organisation voluntarily promising to take agreed actions. The courts can enforce an enforceable undertaking if there's a breach.
Enforceable undertakings are considered in the context of the Act, the department’s Compliance and Enforcement policy, and the specific matter.
Register of enforceable undertakings
There have not yet been any enforceable undertakings agreed under the Child Wellbeing and Safety Act (2005).
Authorised Officers
The Regulator’s authorised officers play an important role in conducting compliance activities.
Authorised officers are appointed under section 27(1) of the Act. Their front-line regulatory duties include:
- providing education and advice
- monitoring and investigating compliance
- taking enforcement action when non-compliance is found or suspected.
Authorised officers may enter premises to conduct inspections and assess compliance with the Standards under the Act. Organisations are required to assist authorised officers to undertake these tasks.
To make a complaint about the conduct of an authorised officer, utilise the department's online complaint .
Reviewed 29 August 2023