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Service Victoria Amendment Act 2022
No. of 2022
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 Definitions 2
5 Meaning of service agency 8
6 New section 4A inserted 8
7 Transfer of customer service functions 8
8 Division 3 of Part 2 repealed 9
9 New Parts 2A and 2B inserted 9
10 Transfer of identity verification functions 12
11 Delegation of transferred identity verification functions 12
12 Division 3 of Part 3 repealed 12
13 New Parts 3A, 3B and 3C inserted 13
14 Functions of Service Victoria CEO 16
15 Powers of Service Victoria CEO 17
16 New Part 4A inserted 18
17 Service Victoria CEO must comply with customer service
standards 18
18 Minimum standard for collection of information 19
19 Minimum standard for use or disclosure of information 19
20 Minimum standard for retention of information 19
21 New Part 5A inserted 20
22 Limit on use of temporary electronic identity credentials 23
23 Section 35 amended 23
24 Section 37 heading amended 24
25 Minimum standard for collection of identity information 24
26 Minimum standard for use or disclosure 24
27 Minimum standard for retention of information 24
28 New Part 6A inserted 25
29 Delegation 29
30 Reporting requirements 30
31 New section 54A inserted 30
32 New section 56A inserted 31
33 New Part 9 inserted 32
34 Repeal of this Act 34
═════════════
i
Clause Page
Endnotes 35
1 General information 35
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Service Victoria Amendment Act 2022
No. of 2022
[Assented to ]
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Service
Victoria Act 2018--
(a) to provide alternative methods for the
performance by or delegation to the Service
Victoria CEO of functions; and
(b) to provide for a broader range of functions
(both statutory and non-statutory) and
transactions to be performed by the Service
Victoria CEO; and
(c) to provide for the issue and use of digital
tokens; and
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(d) to enable the Service Victoria CEO to
establish and maintain a separate database on
behalf of a service agency or at the direction
of the Minister; and
(e) to make other minor and technical
amendments to improve the operation of the
Act.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2022, it comes into
operation on that day.
3 Principal Act
In this Act, the Service Victoria Act 2018 is
called the Principal Act.
4 Definitions
In section 3 of the Principal Act--
(a) in the definition of authority, for
"an enactment" substitute "law";
(b) for the definition of customer service
function substitute--
"customer service function means a function
of a service agency, the Service
Victoria CEO or a non-Victorian
government agency, other than an
identity verification function or the
issue of an electronic identity
credential, of the following kind--
(a) receiving an application or a
request for an authority or official
information document;
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No. of 2022
(b) receiving payment of any
appropriate fee required to be paid
in respect of an application or
request for an authority or official
information document;
(c) delivering an authority or official
information document;
(d) receiving an application or a
request--
(i) for registration; or
(ii) in relation to any program or
service offered by or on
behalf of the State, a service
agency or a non-Victorian
government agency;
(e) receiving or making a payment,
including receiving a payment
of a fee, in relation to an
application or request referred to
in paragraph (d);
(f) receiving or delivering
information--
(i) to meet a requirement under
law; or
(ii) otherwise for the purposes of
a program or service offered
by or on behalf of the State,
a service agency or a non-
Victorian government
agency;
(g) a function prescribed to be a
customer service function;";
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(c) for the definition of customer service
information substitute--
"customer service information means any
regulated information collected by the
Service Victoria CEO in the exercise of
any customer service function under
this Act but does not include--
(a) account information; or
(b) identity information;";
(d) in the definition of identity information, in
paragraph (a), after "individual's identity"
insert "under Part 6";
(e) for the definition of identity verification
function substitute--
"identity verification function means a
function of a service agency, the
Service Victoria CEO or a non-
Victorian government agency--
(a) that requires--
(i) an individual to provide
information for the purpose
of verifying the individual's
identity; or
(ii) information to be obtained
for the purpose of verifying
an individual's identity; or
(iii) the verification of an
individual's identity; or
(b) that is prescribed to be an identity
verification function;";
(f) in the definition of official information
document, for "under an enactment by a
public entity containing information held by
a public entity" substitute "by a service
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No. of 2022
agency or non-Victorian government agency,
or a service agency head or non-Victorian
government agency head, containing
information held by a service agency or
non-Victorian government agency";
(g) in the definition of service agency head,
before paragraph (a) insert--
"(aa) in the case of a Minister--that Minister;
or";
(h) in the definition of service agency head, in
paragraph (b), after "chief executive officer"
insert "(by whatever name called)";
(i) in the definition of service agency head,
after paragraph (d) insert--
"(da) in the case of a Council--the chief
executive officer of the Council; or";
(j) in the definition of service agency head, in
paragraph (e), for "person;" substitute
"person; or";
(k) in the definition of service agency head,
after paragraph (e) insert--
"(f) in the case of a person prescribed under
section 4(1)(f)--the person prescribed
to be the service agency head for that
service agency;";
(l) in the definition of service agency Minister,
for "service agency function" substitute
"customer service function or identity
verification function";
(m) for the definition of transaction
substitute--
"transaction includes--
(a) any transaction in the nature of a
contract, agreement, application,
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registration or other arrangement;
and
(b) any statement, declaration,
demand, notice or request,
including an offer and the
acceptance of an offer, that the
parties are required to make or
choose to make in connection with
the formation or performance of a
contract, agreement, application,
registration or other arrangement;
and
(c) any transaction of a
non-commercial nature;";
(n) insert the following definitions--
"digital token means a digital version of an
authority or official information
document that is accessible through a
software application on an electronic
device;
electronic document means a
communication of information in the
form of data, text or images by means
of guided or unguided electromagnetic
energy, or both;
non-Victorian government agency means--
(a) the equivalent of a service agency
that is established by or under, or
holds an office or position under,
the law of the Commonwealth or
another State or a Territory, but
does not include the equivalent of
a special body other than a police
force of the Commonwealth or
another State or a Territory; or
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(b) a prescribed entity or class of
entity;
non-Victorian government agency head
means--
(a) in the case of a Minister of the
Commonwealth or another State
or a Territory--that Minister; or
(b) in the case of a body corporate
that is a non-Victorian
government agency--the chief
executive officer (by whatever
name called) of the body
corporate; or
(c) in the case of a police force of the
Commonwealth or another State
or a Territory--the head or chief
commissioner of the police force;
or
(d) in the case of an entity or class of
entity that is prescribed to be a
non-Victorian government
agency--the person or class of
person prescribed to be the
non-Victorian government agency
head for the non-Victorian
government agency; or
(e) in any other case, a person
authorised under the law of the
Commonwealth or another State
or a Territory to enter into an
agreement with the Service
Victoria CEO for the performance
of functions;
service agency database means a database
established and maintained under
section 47A or 47B;";
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(o) the definition of service agency function is
repealed.
5 Meaning of service agency
In section 4(1) of the Principal Act--
(a) before paragraph (a) insert--
"(aa) a Minister;";
(b) in paragraph (a), after "public service body"
insert "(other than Service Victoria if an
Administrative Office is prescribed)";
(c) in paragraph (e), for "an Act." substitute
"an Act;";
(d) after paragraph (e) insert--
"(f) a person (other than a special body)
prescribed to be a service agency.".
6 New section 4A inserted
After section 4 of the Principal Act insert--
"4A Act binds the Crown
This Act binds the Crown in right of Victoria
and, to the extent that the legislative power
of the Parliament permits, the Crown in all
its other capacities.".
7 Transfer of customer service functions
For section 5(1) of the Principal Act substitute--
"(1) Subject to subsection (3), the Minister and
the service agency Minister may agree for
the Service Victoria CEO to perform a
customer service function that--
(a) is conferred on a service agency under
an enactment (whether express or
implied); and
(b) is to be prescribed as a transferred
customer service function.".
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8 Division 3 of Part 2 repealed
Division 3 of Part 2 of the Principal Act is
repealed.
9 New Parts 2A and 2B inserted
After Part 2 of the Principal Act insert--
"Part 2A--Performance of
customer service functions by
agreement
9A Performance of customer service
functions by agreement
(1) The Service Victoria CEO and a service
agency head, or a person authorised by the
service agency head, may agree in writing
for the Service Victoria CEO to perform a
customer service function of the service
agency.
(2) On the coming into force of an agreement
under subsection (1), the Service Victoria
CEO may perform the customer service
function for or on behalf of the service
agency.
(3) Subsection (2) applies despite anything to
the contrary in the law (if any) that confers
the customer service function on the service
agency.
(4) The Service Victoria CEO must perform a
customer service function under this section
in accordance with the terms of the
agreement.
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9B Performance of customer service
functions from other jurisdictions by
agreement
(1) The Service Victoria CEO and a
non-Victorian government agency head,
or a person authorised by the non-Victorian
government agency head, may agree in
writing for the Service Victoria CEO to
perform a customer service function of the
non-Victorian government agency.
(2) On the coming into force of an agreement
under subsection (1), the Service Victoria
CEO may perform the customer service
function for or on behalf of the
non-Victorian government agency in
accordance with the agreement.
(3) Subsection (2) applies subject to the law
(if any) that confers the customer service
function on the non-Victorian government
agency.
Part 2B--Delegation, authorisation
and sub-delegation of customer
service functions
9C Application of Part
This Part applies despite anything to the
contrary in any other Act (other than the
Charter of Human Rights and
Responsibilities Act 2006).
9D Delegation and authorisation of customer
service functions
(1) This section applies if--
(a) an enactment confers a function on a
service agency or service agency head;
and
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(b) the enactment permits the delegation or
authorisation of that function.
(2) A service agency or a service agency head,
in writing, may delegate to the Service
Victoria CEO, or authorise the performance
by the Service Victoria CEO of, the
following functions--
(a) a customer service function under an
enactment to which this section applies
(including a customer service function
in paragraph (b) or (c)), irrespective of
whether the Service Victoria CEO is a
person, or belongs to a class of person,
to whom functions can be delegated or
authorised under that enactment;
(b) a customer service function that may be
implied from a function under an
enactment to which this section applies
(including a customer service function
in paragraph (a) or (c));
(c) a customer service function that forms
part of a function under an enactment to
which this section applies (including a
customer service function in paragraph
(a) or (b)).
9E Sub-delegation of customer service
functions
(1) The Service Victoria CEO may, subject to
any conditions specified in the delegation,
sub-delegate a customer service function that
has been delegated to the Service Victoria
CEO under this Part or the enactment that
confers the function on the service agency or
service agency head, to a person, or class of
person, referred to in section 52.
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(2) Sections 42 and 42A of the Interpretation
of Legislation Act 1984 apply to a
sub-delegation authorised by this section in
the same way as they apply to a delegation.".
10 Transfer of identity verification functions
For section 10(1) of the Principal Act
substitute--
"(1) Subject to subsection (3), the Minister and
the service agency Minister may agree for
the Service Victoria CEO to perform an
identity verification function that--
(a) is conferred on a service agency under
an enactment (whether express or
implied); and
(b) is to be prescribed as a transferred
identity verification function.".
11 Delegation of transferred identity verification
functions
After section 13(2) of the Principal Act insert--
"(3) A service agency head or a person
performing an identity verification function
delegated to that service agency head or
person under subsection (1) or (2) is not
required to comply with the identity
verification standards in relation to the
performance of that function.".
12 Division 3 of Part 3 repealed
Division 3 of Part 3 of the Principal Act is
repealed.
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13 New Parts 3A, 3B and 3C inserted
After Part 3 of the Principal Act insert--
"Part 3A--Performance of identity
verification functions by agreement
14A Performance of identity verification
functions by agreement
(1) The Service Victoria CEO and a service
agency head, or a person authorised by the
service agency head, may agree in writing
for the Service Victoria CEO to perform an
identity verification function of the service
agency.
(2) On the coming into force of an agreement
under subsection (1), the Service Victoria
CEO may perform the identity verification
function for or on behalf of the service
agency.
(3) Subsection (2) applies despite anything to
the contrary in the law (if any) that confers
the identity verification function on the
service agency.
(4) The Service Victoria CEO must perform an
identity verification function under this
section in accordance with the terms of the
agreement.
14B Performance of identity verification
functions from other jurisdictions by
agreement
(1) The Service Victoria CEO and a
non-Victorian government agency head,
or a person authorised by the non-Victorian
government agency head, may agree in
writing for the Service Victoria CEO to
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perform an identity verification function of
the non-Victorian government agency.
(2) On the coming into force of an agreement
under subsection (1), the Service Victoria
CEO may perform the identity verification
function for or on behalf of the
non-Victorian government agency in
accordance with the agreement.
(3) Subsection (2) applies subject to the law
(if any) that confers the identity verification
function on the non-Victorian government
agency.
Part 3B--Delegation, authorisation
and sub-delegation of identity
verification functions
14C Application of Part
This Part applies despite anything to the
contrary in any other Act (other than the
Charter of Human Rights and
Responsibilities Act 2006).
14D Delegation and authorisation of identity
verification functions
(1) This section applies if--
(a) an enactment confers a function on a
service agency or service agency head;
and
(b) the enactment permits the delegation or
authorisation of that function.
(2) A service agency or a service agency head,
in writing, may delegate to the Service
Victoria CEO, or authorise the performance
by the Service Victoria CEO of, the
following functions--
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(a) an identity verification function under
an enactment to which this section
applies (including an identity
verification function in paragraph (b)
or (c)), irrespective of whether the
Service Victoria CEO is a person, or
belongs to a class of person, to whom
functions can be delegated or
authorised under that enactment;
(b) an identity verification function that
may be implied from a function under
an enactment to which this section
applies (including an identity
verification function in paragraph (a)
or (c));
(c) an identity verification function that
forms part of a function under an
enactment to which this section applies
(including an identity verification
function in paragraph (a) or (b)).
14E Sub-delegation of identity verification
functions
(1) The Service Victoria CEO may, subject to
any conditions specified in the delegation,
sub-delegate an identity verification function
that has been delegated to the Service
Victoria CEO under this Part or the
enactment that confers the function on the
service agency or service agency head, to a
person, or class of person, referred to in
section 52.
(2) Sections 42 and 42A of the Interpretation
of Legislation Act 1984 apply to a
sub-delegation authorised by this section in
the same way as they apply to a delegation.
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Part 3C--Performance of
functions--Ministerial direction
14F Performance of functions--Ministerial
direction
(1) The Minister, in writing, may direct the
Service Victoria CEO to perform a specified
function (including but not limited to a
customer service function or an identity
verification function) for the purposes of the
delivery of Government services.
(2) A function specified in a direction under
subsection (1) is in addition to any other
functions the Service Victoria CEO has
under this Act or any other law.
(3) The Service Victoria CEO must comply with
a direction given under subsection (1)
according to its terms.
(4) A direction under subsection (1) must be
published in the Government Gazette as soon
as reasonably practicable after it is made.
(5) A direction under subsection (1) is not
invalid merely because of a failure to comply
with subsection (4).".
14 Functions of Service Victoria CEO
In section 15 of the Principal Act--
(a) after paragraph (a) insert--
"(ab) to perform customer service
functions--
(i) under an agreement under
Part 2A; or
(ii) delegated or authorised under
Part 2B or another enactment;";
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(b) for paragraph (c) substitute--
"(c) to verify identity and to perform--
(i) transferred identity verification
functions; and
(ii) identity verification functions--
(A) under an agreement under
Part 3A; or
(B) delegated or authorised
under Part 3B or another
enactment;";
(c) after paragraph (f) insert--
"(fa) to perform any functions as directed by
the Minister under Part 3C;
(fb) to establish and maintain the Service
Victoria database;
(fc) to establish and maintain service
agency databases;";
(d) in paragraph (g), for "paragraphs (a) to (c)"
substitute "paragraphs (a), (ab), (b), (c), (fa),
(fb) and (fc)";
(e) in paragraph (h), for "enactment" substitute
"law".
15 Powers of Service Victoria CEO
For section 16(2) of the Principal Act
substitute--
"(2) In addition to subsection (1), for the
purposes of performing a customer service
function or identity verification function that
is conferred on a service agency under an
enactment, the Service Victoria CEO may
exercise any power (whether express or
implied) under the enactment that is
necessary or convenient to be exercised to
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perform that customer service function or
identity verification function.".
16 New Part 4A inserted
After Part 4 of the Principal Act insert--
"Part 4A--Service Victoria
accounts
18A Creation of Service Victoria accounts
The Service Victoria CEO may require a
person to create a Service Victoria account
for the purposes of the Service Victoria CEO
performing a function under this Act if the
Service Victoria CEO considers it to be
reasonably necessary for the performance of
that function.".
17 Service Victoria CEO must comply with customer
service standards
(1) In section 19 of the Principal Act--
(a) after paragraph (a) insert--
"(ab) customer service functions--
(i) under an agreement under
Part 2A; or
(ii) delegated or authorised under
Part 2B or another enactment;
(ac) customer service functions as directed
by the Minister under Part 3C;";
(b) in paragraph (b), after "paragraph (a)" insert
", (ab) or (ac)".
(2) The example at the foot of section 19 of the
Principal Act is repealed.
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18 Minimum standard for collection of information
(1) In section 22(1) and (2)(a) of the Principal Act
omit "for an individual to whom that information
relates".
(2) In section 22(2)(b) of the Principal Act, after
"the individual" insert "to whom the Service
Victoria account relates".
19 Minimum standard for use or disclosure of
information
In section 23 of the Principal Act--
(a) after subsection (1)(a) insert--
"(ab) for any purpose and the individual to
whom that information relates has
consented to the use or disclosure for
that purpose; or";
(b) for subsection (2)(a) substitute--
"(a) for any purpose and the individual to
whom that information relates has
consented to the use or disclosure for
that purpose; or".
20 Minimum standard for retention of information
(1) In section 24(1), (2) and (3) of the Principal Act,
for "earlier" substitute "later".
(2) For section 24(1)(a) of the Principal Act
substitute--
"(a) the incomplete application no longer being
required to perform a function under this
Act; or".
(3) For section 24(2)(a) and (3)(a) of the Principal
Act substitute--
"(a) that information no longer being required to
perform a function under this Act; or".
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(4) At the foot of section 24 of the Principal Act
insert--
"Example
For example, the Service Victoria CEO may be required to
keep information that is a public record within the meaning
of the Public Records Act 1973 for any period specified by
standards established under section 12 of that Act.".
21 New Part 5A inserted
After Part 5 of the Principal Act insert--
"Part 5A--Authorities and official
information documents
24A Form of authorities and official
information documents
(1) Subject to subsection (2), if a customer
service function requires the delivery, giving,
grant or issue (however described) of an
authority or official information document
under an enactment, the Service Victoria
CEO, in performing the function, may satisfy
that requirement by delivering the authority
or document in one or more of the following
forms--
(a) a hard copy;
(b) an electronic document;
(c) a digital token.
(2) The Service Victoria CEO must deliver the
authority or official information document--
(a) in the form agreed with the service
agency head or the person authorised
by the service agency head; or
(b) otherwise in accordance with the
agreement, authorisation, delegation,
direction or regulations that provide for
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the performance of the customer
service function by the Service Victoria
CEO under this Act or another
enactment.
24B Delivery of authority or official
information document taken to satisfy
requirements
(1) Subject to subsection (2), the delivering of
an authority or official information document
in accordance with section 24A is taken to
satisfy any requirement under an enactment
in relation to the delivery, giving, granting or
issuing (however described) of the authority
or document.
(2) The authority or official information
document must include all the information
that is required to be contained in or
displayed on the authority or document
under the enactment.
24C Production of authority or official
information document in form delivered
by Service Victoria CEO taken to satisfy
requirements
A requirement under an enactment for a
person to produce or display an authority or
official information document is taken to be
satisfied if--
(a) for a hard copy or electronic document,
the person produces or displays the
authority or official information
document in the form delivered to the
person by the Service Victoria CEO
under this Part; or
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(b) for a digital token, the person--
(i) produces or displays a current and
valid digital token delivered to the
person by the Service Victoria
CEO; and
(ii) if asked to do so, the person
confirms the digital token is
current and valid, including by
refreshing or updating, or
attempting to refresh or update,
the digital token to show that it is
the most recent version; and
(iii) complies with any additional
prescribed requirements in
relation to producing or displaying
the digital token.
24D Surrender or destruction of authority or
official information document taken to be
satisfied in certain circumstances
(1) This section applies if an authority or official
information document has been delivered as
an electronic document or a digital token to a
person by the Service Victoria CEO under
this Part.
(2) A requirement under an enactment for a
person to surrender or destroy (however
described) the authority or official
information document is taken to be satisfied
if--
(a) the person destroys, deletes or
otherwise surrenders the authority or
document so that it can no longer be
readily used or accessed by the person;
or
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(b) for a digital token, the Service Victoria
CEO ceases to deliver the digital token
to the person.".
22 Limit on use of temporary electronic identity
credentials
(1) In section 29 of the Principal Act, for "transferred
customer service function or transferred identity
verification function" substitute "transaction".
(2) At the end of section 29 of the Principal Act
insert--
"(2) Without limiting subsection (1), a temporary
electronic identity credential may be used in
relation to more than one function if those
functions are performed as part of the same
transaction.".
23 Section 35 amended
(1) For the heading to section 35 of the Principal Act
substitute--
"Effect of electronic identity credential".
(2) In section 35(1) of the Principal Act--
(a) for "a transferred" substitute "an";
(b) in paragraph (a), before "the Service Victoria
CEO" insert "for a transferred identity
verification function or an identity
verification function that the Service Victoria
CEO is performing for or on behalf of a
service agency,".
(3) After section 35(1) of the Principal Act insert--
"(1A) Subsection (1) applies despite anything to
the contrary in the enactment (if any) that
confers the identity verification function on
the service agency.".
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24 Section 37 heading amended
In the heading to section 37 of the Principal Act
omit "statutory".
25 Minimum standard for collection of identity
information
In section 45 of the Principal Act--
(a) in paragraph (a) omit "for an individual to
whom that information relates";
(b) in paragraph (b), after "the individual" insert
"to whom the identity information relates".
26 Minimum standard for use or disclosure
For section 46(1)(a) of the Principal Act
substitute--
"(a) for any purpose and the individual to whom
that information or credential relates has
consented to the use or disclosure for that
purpose; or".
27 Minimum standard for retention of information
At the foot of section 47 of the Principal Act
insert--
"Example
For example, the Service Victoria CEO may be required to
keep information that is a public record within the meaning
of the Public Records Act 1973 for any period specified by
standards established under section 12 of that Act.".
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28 New Part 6A inserted
After Part 6 of the Principal Act insert--
"Part 6A--Service agency
databases
47A Service agency database--agreement with
service agency
(1) The Service Victoria CEO may enter into an
agreement with a service agency head for the
Service Victoria CEO to establish and
maintain a database for the purpose of
recording information on behalf of the
service agency.
(2) The Minister must approve the establishment
and maintenance of a database under
subsection (1).
47B Service agency database--Ministerial
direction
If the Minister directs the Service Victoria
CEO to perform a function under
section 14F(1), the Minister may, in writing,
direct the Service Victoria CEO to establish
and maintain a database for the purpose of
recording information necessary for the
performance of that function.
47C Collection, use or disclosure of
information in service agency databases
(1) The Service Victoria CEO may disclose
information in a service agency database
established and maintained under
section 47A to the service agency on behalf
of which the database is established and
maintained.
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(2) Subject to subsection (1), the Service
Victoria CEO must not collect, use or
disclose information in a service agency
database unless the collection, use or
disclosure is necessary--
(a) to perform any function under this Act
or any other law that is related to the
purpose for which the database is
established and maintained; or
(b) for a person authorised by the Service
Victoria CEO to carry out
administrative, technical or other
functions relating to the management,
maintenance or auditing of the
database; or
(c) in the case of a database under
section 47A--
(i) to provide administrative or
technical support to the service
agency for which the database is
established and maintained; or
(ii) with the written authorisation of
the service agency for which the
database is established and
maintained; or
(d) to comply with any other requirements
under law.
47D Application of Act to service agency
databases
This Act, other than this Part and Parts 1, 7
and 8, does not apply to the use, disclosure
or retention of information in a service
agency database under section 47A by the
service agency on whose behalf the database
is established and maintained.
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47E Changes to information recorded in a
service agency database by service agency
A service agency on whose behalf a service
agency database is established and
maintained under section 47A may make
changes to the information in the database.
47F Information in service agency database to
be kept separate from other information
Information in a service agency database
must be kept separate from the information
that is kept in--
(a) the Service Victoria database; or
(b) another service agency database.
47G Closure or transfer of service agency
database
(1) After consultation with Service Victoria, a
service agency head, or a person authorised
by the service agency head, may request the
Service Victoria CEO to, in whole or in
part--
(a) close a service agency database
established and maintained on behalf of
the service agency under section 47A;
or
(b) transfer the database to the service
agency or a related party; or
(c) with the agreement of another service
agency, transfer the database to the
other service agency or a related party.
(2) If a service agency head or a person makes a
request under subsection (1), the information
in the service agency database must, in
accordance with the agreement under
section 47A--
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Service Victoria Amendment Act 2022
No. of 2022
(a) for a request under subsection (1)(b), be
transferred to the service agency or a
related party; and
(b) for a request under subsection (1)(c), be
transferred to the other service agency
or a related party; and
(c) be retained, destroyed or otherwise
handled by the service agency or the
Service Victoria CEO in accordance
with any applicable law.
(3) The Minister may direct the Service Victoria
CEO to, in whole or in part--
(a) close a service agency database
established and maintained under
section 47B; or
(b) transfer a service agency database
established and maintained under
section 47B to a Department or
Administrative Office (within the
meaning of the Public Administration
Act 2004) or a related party.
(4) The Service Victoria CEO must comply with
a request made, or direction given, under
subsection (1) or (3).
(5) This Act no longer applies to a service
agency database, or part of a service agency
database, that has been closed or transferred,
or the information that was recorded in the
database or part of the database.
(6) In this section--
related party means a person contracted by
any of the following to maintain a
service agency database transferred
under this section--
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Service Victoria Amendment Act 2022
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(a) for subsections (1)(b) and (2)(a),
the service agency on whose
behalf the database is established
and maintained;
(b) for subsections (1)(c) and (2)(b),
the other service agency that has
agreed to be transferred the
database;
(c) for subsection (3)(b), the
Department or Administrative
Office (within the meaning of the
Public Administration Act 2004)
that is to be transferred the
database.
47H Ministerial guidelines
(1) The Minister may issue guidelines in relation
to the establishment and maintenance of
service agency databases.
(2) The Service Victoria CEO must comply with
any guidelines issued by the Minister under
subsection (1).
47I Ministerial delegation
The Minister, by instrument, may delegate
any function or power conferred on the
Minister under this Part to a person (other
than the Service Victoria CEO) employed
under Part 3 of the Public Administration
Act 2004.".
29 Delegation
In section 52 of the Principal Act--
(a) omit "or duty imposed";
(b) for "enactment" substitute "law";
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Service Victoria Amendment Act 2022
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(c) before paragraph (a) insert--
"(aa) a person employed under Part 3 of the
Public Administration Act 2004; or".
30 Reporting requirements
In section 53(3)(e) of the Principal Act omit
"transferred".
31 New section 54A inserted
After section 54 of the Principal Act insert--
"54A Use and disclosure of regulated
information by service agency
(1) This section applies despite anything to the
contrary in any Act (other than the Charter
of Human Rights and Responsibilities
Act 2006) or law.
(2) A service agency is authorised to disclose
regulated information that the agency holds
to the Service Victoria CEO or a delegate of
the Service Victoria CEO for the purpose of
enabling any of the following functions to be
performed--
(a) transferred customer service functions;
(b) customer service functions--
(i) under an agreement under
Part 2A; or
(ii) delegated or authorised under
Part 2B or another enactment;
(c) transferred identity verification
functions;
(d) identity verification functions--
(i) under an agreement under
Part 3A; or
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No. of 2022
(ii) delegated or authorised under
Part 3B or another enactment;
(e) a function as directed by the Minister
under Part 3C;
(f) establishing and maintaining a service
agency database;
(g) a function that is ancillary to a function
described in paragraphs (a) to (f).
Note
See section 55 for the disclosure of information to which a
secrecy provision applies.".
32 New section 56A inserted
After section 56 of the Principal Act insert--
"56A Refunds by Service Victoria CEO
(1) The Service Victoria CEO may refund any
amount of payment received by the Service
Victoria CEO--
(a) to meet a requirement under law; or
(b) if the Service Victoria CEO considers
an error or mistake has been made in
the payment.
(2) The Consolidated Fund is appropriated to the
extent necessary for the purposes of
subsection (1).".
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33 New Part 9 inserted
After Part 8 of the Principal Act insert--
"Part 9--Transitional provisions
59 Service Victoria Amendment Act 2022--
agreements
(1) On the commencement of section 9 of the
Service Victoria Amendment Act 2022, a
written agreement entered into by the
Service Victoria CEO and a service agency
for the performance of a specified customer
service function is taken to be an agreement
for the performance of that function under
section 9A.
(2) On the commencement of section 13 of the
Service Victoria Amendment Act 2022, a
written agreement entered into by the
Service Victoria CEO and a service agency
for the performance of a specified identity
verification function is taken to be an
agreement for the performance of that
function under section 14A.
(3) In this section--
specified customer service function means a
customer service function other than--
(a) a transferred customer service
function; or
(b) a customer service function
performed under a delegation
under an enactment; or
(c) a customer service function
performed under an authorisation
under an enactment; or
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(d) a customer service function
conferred on the Service Victoria
CEO under regulations made
under another Act;
specified identity verification function
means an identity verification function
other than--
(a) a transferred identity verification
function; or
(b) an identity verification function
performed under a delegation
under an enactment; or
(c) an identity verification function
performed under an authorisation
under an enactment; or
(d) an identity verification function
conferred on the Service Victoria
CEO under regulations made
under another Act.
60 Service Victoria Amendment Act 2022--
databases
On and from the commencement of
section 28 of the Service Victoria
Amendment Act 2022, any database
established and maintained by the Service
Victoria CEO on behalf of a service agency
or the Minister is taken--
(a) in the case of a database established
and maintained on behalf of a service
agency, to be established and
maintained under section 47A; and
(b) in the case of a database established
and maintained on behalf of the
Minister, to be established and
maintained under section 47B.".
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No. of 2022
34 Repeal of this Act
This Act is repealed on 1 July 2023.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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No. of 2022
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Service Victoria Act 2018 to expand the ability of Service Victoria to
deliver Government services to the public and for other purposes."
By Authority. Government Printer for the State of Victoria.
35
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