Victorian Numbered Regulations

MENTAL HEALTH AND WELLBEING REGULATIONS 2023 (SR NO 89 OF 2023) - REG 19

    (1)     For the purposes of the definition of mental health and wellbeing service provider in section 3(1) of the Act, the following classes of entity are prescribed not to be a mental health and wellbeing service provider—

        (a)     the proprietor of a registered school;

        (b)     an approved provider of an approved education and care service;

        (c)     an approved provider of an approved children's service;

        (d)     the Department of Education;

        (e)     an entity engaged or employed to provide a mental health and wellbeing service at or as part of any of the following but only to the extent that it is providing the service to the children and students who are enrolled at or staff who are engaged to work at the school or service—

              (i)     a registered school;

              (ii)     an approved education and care service;

              (iii)     an approved children's service;

        (f)     a court or tribunal, or other entity that exercises a function that is of a judicial or quasi-judicial nature;

        (g)     a provider of a workplace mental health and wellbeing support service but only to the extent of the provision of that service.

    (2)     In this regulation—

"approved children's service" has the same meaning as in section 3(1) of the Children's Services Act 1996 ;

"approved education and care service "has the same meaning as in the Education and Care Services National Law (Victoria);

"approved provider", in relation to an approved children's service, has the same meaning as in the Children's Services Act 1996 ;

"approved provider", in relation to an approved education and care service, has the same meaning as in the Education and Care Services National Law (Victoria);

"member of a workforce", in relation to an entity, includes—

        (a)     any person employed by the entity     under a contract of service, whether or not under a federal agreement or award;

        (b)     any person employed by the entity under the Public Administration Act 2004 ;

        (c)     any person appointed to a statutory office in the entity;

        (d)     any person engaged by the entity under a contract for services;

        (e)     any person engaged by the entity to perform any work the remuneration for which is based wholly or partly on commission;

        (f)     any person who is working with the entity as an unpaid worker or volunteer;

"proprietor", in relation to a registered school, means—

        (a)     a person, body, or institution that owns or controls one or more registered schools;

        (b)     any person or body that is specified in the registration of the school under the Education and Training Reform Act 2006 as the proprietor of the school;

"registered school "has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006 ;

"workplace mental health and wellbeing support service "means a mental health and wellbeing service that is provided or offered to members of the workforce of an entity or the family members of those members by—

        (a)     the entity; or

        (b)     another entity under an arrangement or agreement with the first-mentioned entity.

Example

An employee wellbeing support program.