Compliance resources
Risk attestation
The Department of Health (DHS) and DEECD funded organisations are required to make an annual 'attestation' or declaration on their risk management strategies. This is done online through the Funded Agency Channel.
More information on this process can be found in this document from Victorian Managed Insurance Authority (VMIA) which is a Statutory Authority established by the Victorian Managed Insurance Authority Act 1996.
Workplace Health and Safety
Neighbourhood Houses need to comply with the Occupational Health and Safety (OH&S) Act. Employer's responsibilities are laid out in the Occupational Health and Safety regulations which can be found in the Victorian Law Today Library.
Worksafe is the government department responsible for occupational health and safety in the state of Victoria.
Industrial Relations
Workplace agreements
Neighbourhood Houses are covered by a variety of workplace agreements, depending on the agreements that their governing body signed on to, the options are:
Neighbourhood Houses & Adult Community Education Centres Collective Agreement 2010. For more information about this collective agreement and current pay tables click here
Neighbourhood Houses & Adult Community Education Centres Collective Agreement 2007 and 2008. 2007 or 2008 Agreement respondents that did not sign on to the NHACE Collective Agreement 2010, continue to be bound by the older agreement. For more information about this collective agreement and current pay tables click here.
Auspiced houses are covered by the agreement from the organisation that auspices them, e.g. Local Council.
If your Neighbourhood House is not signed onto one of the sector collective agreements (2007, 2008, 2010, 2016 or 2018) or any other agreement your pay and conditions are governed by the award system. The applicable awards are the Social, Community, Home Care & Disability Services (SCHADS), the Educational Services Post Secondary Education (ESPSE) and the Children's Services Awards 2010 (these replace the SACS VIC, PACCT & Children's Services Awards respectively).
Tax and superannuation
Neighbourhood Houses who are incorporated associations are classed as non-profit organisations by the Australia Taxation Office (ATO).
Industrial relations issues
Jobs Australia provides expert industrial relations and human resources advice to the sector. To access their services you need to be a member which entitles you to a number of benefits including consultation and representation, business support, non profit business and governance advice, industrial relations advice and much more.
NHVic Assist is a subscription service. They can provide
Legal advice and support for IR matters
HR case management and troubleshooting
Tailored support for the development of contract and employment agreements
Employee Assistance Program (counselling)
Mediation
Recruitment and on-boarding
Paytables
Incorporation
Neighbourhood Houses who are incorporated need to comply with the Associations Incorporations Act. A copy of the act and regulations can be found in the Victorian Law Today Library.
As of 1 November 2012 a new act was introduced called the Associations Incorporation Reform Act 2012 (the Act). This replaces the Associations Incorporation Act 1981. More information on what the changes in the Act mean for your organisation can be found on the Consumer Affairs website or the ANHLC website.
For more information about how to go about becoming an incorporated association visit the Consumer Affairs website.
Disability Discrimination Act
The Federal Disability Discrimination Act 1992 (D.D.A.) provides protection for everyone in Australia against discrimination based on disability.
More information on the act, including your responsibilities, can be found here.
Human Rights Charter
The Victorian Charter of Human Rights and Responsibilities contains twenty basic rights that promote and protect the values of freedom, respect, equality and dignity.
The Victorian Government, local councils and other public authorities must not knowingly be in breach of these rights, and must always consider them when they create laws, develop policies and deliver their services.
Privacy
The 10 Information Privacy Principles (IPPs) are the core of privacy law in Victoria and set out the minimum standard for how Victorian public sector bodies should manage personal information. The IPPs are contained in Schedule 1 of the Privacy and Data Protection Act 2014 (PDP Act).
With limited exceptions, all Victorian Government organisations, local councils and government contracted service providers must comply with the IPPs.
Neighbourhood Houses are likely to be impacted by the Freedom of Information Act 1982 (FOI Act). The Office of the Victorian Information Commissioner provides guidance for agencies about how to adhere to the Act.
Part 4 of the Privacy and Data Protection Act 2014 (Vic) outlines protective data security and focuses on public sector information maintaining its:
confidentiality – information is accessed by the right people;
integrity – information is accurate, complete and up to date; and
availability – people have timely and reliable access to information.
This is achieved through the implementation of protective measures across:
governance
information security
personnel security
information and communication technology (ICT) security; and
physical security
This means that any public sector information a Victorian public sector organisation holds is protected from unauthorised access, disclosure and use.
For more information about the standards or your reporting obligations, visit the Office of the Victorian Information Commissioner site.
Childcare Regulations
Childcare services in Victoria are covered by two different sets of regulations:
Education and Care Services which are defined as family day care, long day care, outside school hours care services and preschools (kindergartens) have the National Quality Framework applied and are covered by the Education and Care Services National Law Act 2010 (National Law) and Education and Care Services National Regulations 2011 (National Regulations)
Victorian Children Services which are defined as all limited hours and short term licensed services, a small number of other services that currently hold a standard licence including budget-based services not funded for Child Care Benefit, occasional care, early childhood intervention, and mobile services, and a small number of school holiday care programs are covered by the Victorian Children's Services Act 1996 (Victorian Act) and Victorian Children's Services Regulations 2009 (Victorian Regulations).
More information on these regulations can be found on the Department of Education and Training website.
Events and Fundraising
Food Handling Regulations
For more information on food handling regulations and guidelines for your organisation, contact your local Council.
Liquor Licencing
If you are selling alcohol at an event at your house you need to comply with the liquor licencing laws. The Victorian Commission for Gambling and Liquor Regulation website has really useful information to help you to select the type of licence you need and steps to help you go about it.
Fundraising Legislation (e.g. for raffles)
Fundraising activities which meet certain criteria require an authority to fundraise for them to be within the law. Our Community has put together a great helpsheet on the legislation which will help you understand whether you need to apply for a licence for your fundraising activity.