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New changes for disability workers in schools and early childhood services

Victorian teachers no longer need to meet requirements of the Disability Worker Regulation Scheme in the duties of a teacher in a school setting

The Disability and Social Services Regulation Amendment Act 2023 came into effect earlier this year.

The Act amends several existing Acts, and seeks to improve safeguards, rights and protections for Victorians with disability. 

The amendments exempt registered teachers and early childhood teachers who undertake the duties of a teacher in a school setting from the requirements of the Disability Worker Regulation Scheme.

Registered teachers providing disability services outside the school setting continue to be covered by the Disability Worker Regulation Scheme.

Disability workers, including those working in the education sector (e.g. education support officers, integration aides), continue to be covered by the Disability Worker Regulation Scheme.

Registered teachers and principals will continue to be accountable to the Victorian Teaching Profession’s Codes of Conduct and Ethics and the Reportable Conduct Scheme.

The Victorian Disability Worker Commission is working alongside other regulators, including VIT and the Victorian Registration and Qualifications Authority (VRQA) on the implementation of the regulations to promote the safeguarding of learners with disability.

VIT Codes of Conduct and Ethics

The Disability and Social Services Regulation Amendment Act 2023 amends several existing Acts. These amendments improve safeguards, rights and protections for Victorians with disability, including:

The Disability Act 2006

  • to strengthen and address gaps in safeguarding provisions, including 
    - restrictive practices and compulsory treatment 
    - residential rights 
    - information sharing
  • to remove unintended regulatory burdens and operational difficulties.

The Residential Tenancies Act 1997 

  • to ensure residential rights protections for people living in specialist disability accommodation. 

The Disability Service Safeguards Act 2018 

  • to support efficient disability worker screening - this will reduce duplicative requirements for nationally coordinated criminal history checks.

The Social Services Regulation Act 2021 

  • to ensure the scheme operates as intended.
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