Parliamentary
Review of
On 21 November 2001, the Legislative Council of the Victorian Parliament gave the Scrutiny of Acts and Regulations Committee a reference relating to the laws that protect or impact upon ANZAC Day. The Terms of Reference require the Committee, pursuant to the Parliamentary Committees Act 1968, to:
The aim of the review is to further enhance the significance of ANZAC Day as a national day of commemoration. The review is about the laws that govern the arrangements for the observance of ANZAC Day in Victoria. The object of ANZAC Day laws should be to achieve a fair balance in the observance of ANZAC Day as a special day of commemoration and the recognition of personal and commercial liberties. Victoria’s commitment to the observance of ANZAC Day is underpinned by nine separate laws that were developed in a piecemeal fashion. The laws provide for a public holiday, regulate a range of activities on ANZAC Day, such as retail trading hours, liquor controls, entertainment and sporting events, and govern raising, collection and distribution of patriotic funds. In light of the way in which ANZAC Day has come to be commemorated, it is timely to review Victoria’s existing legislation with the objective of ensuring that the significance which the State aspires to accord ANZAC Day is supported by the best legislative framework. As well as considering the most suitable legislation, it is apparent that consideration should also be given to administrative proposals, including education initiatives relating to the promotion of ANZAC Day. The approach of this Report is to present at the outset an Executive Summary of the content of the Report. Following the Executive Summary, the Report sets out its Recommendations. The body of the Report commences with the background to, and the context of, the review and the process followed by the review. The Report then examines the background to legislative intervention and the existing legislative framework. The Report considers the key policy objectives and principles which might govern legislation affecting ANZAC Day. This is followed by consideration of the key issues identified for the development of a new legislative framework. Issues relating to commemoration initiatives and education are examined separately. A number of appendices are attached to the Report, including an outline of a proposed ANZAC Day Commemoration Act. In the preparation of this Report, valuable assistance in considering the relevant issues was offered by a number of organisations and individuals listed in a further appendix to the Report. Another appendix lists reference material and websites found to be helpful to the review. Context of the Inquiry The Terms of Reference for the review require a review of the Anzac Day Act 1958 and any other relevant laws with the view to further enhancing the significance of ANZAC Day as a national day of commemoration. In essence, the review is about the adequacy of existing laws and, more importantly, what the laws should be. Accordingly, the review reports on substantive issues fundamental to an appropriate legislative framework for ANZAC Day. The review also reports on issues concerning the practical application of legislation currently affecting ANZAC Day. This includes drafting changes needed to remove anomalies or to improve the clarity of the current legislation. The public consultation process has greatly assisted the formulation of meaningful recommendations in relation to both the substantive and the practical issues. Although the review is essentially a review of laws, it has been appropriate to consider non-legislative measures which contribute to the achievement of the objective of further enhancing the significance of ANZAC Day. These measures include commemoration activities undertaken within communities and education initiatives. The Review Process The review process proceeded through three stages, namely:
The starting point was the preparation of the Discussion Paper, which formed the basis of the first stage of consultation of the review. Accordingly, the intention of the Discussion Paper was to identify issues and place them on the agenda for public consultation. The Discussion Paper did not attempt to resolve these issues, nor did it intend to present them tendentiously. The Discussion Paper was released for public consultation in June 2002. The purpose of the Discussion Paper was to identify matters of concern about the legislative framework, whether arising from the fundamental question of whether or not the Government should intervene legislatively at all, or from improving the legislation controls in light of the development of ANZAC Day as a day of special significance. To ensure that the primary issues were to the fore and to assist the focus of the review, the Discussion Paper posed a number of questions. These questions and a summary of responses and the Committee’s observations are considered in the body of the Report. The form of public consultation included invitations to make submissions and attend public hearings. A list of those who made submissions and a list of witnesses are set out in Appendix B. Public hearings were conducted on 25 July 2002 and on 2 September 2002. In addition, on 13 September 2002, the Committee met with representatives of the RSL (Victorian Branch) and received a presentation from Mr. Arthur Burke, Honorary Secretary of the ANZAC Day Commemoration Committee (Queensland) Incorporated. The Report records the outcome of the public consultation process and formulates recommendations for Government consideration. The Report is required to be tabled in the Parliament by 31 October 2002.
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