Alert Digest No 1 of 2004

Tuesday, 2 March 2004

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Gas Industry (Residual Provisions) (Amendment) Bill

Introduced: 18 November 2003
Second Reading Speech: 20 November 2003
House: Legislative Assembly
Minister introducing Bill: Hon. John Brumby MLA
Portfolio responsibility: Treasurer

Purpose

The Bill amends the Gas Industry (Residual Provisions) Act 1994 (the ‘Act’) to remove certain statutory powers and obligations and repeal certain redundant provisions in relation to GASCOR.

For the most part the Bill repeals or amends the Act where provisions are no longer necessary or appropriate as GASCOR is no longer a public authority.

The Committee notes this extract from the Minister’s Second Reading Speech –

Gascor has certain powers and obligations under the Act. These are unrelated to Gascor's activities as a gas wholesaler and are of a procedural nature. The retention of these powers and obligations is inappropriate following cessation of state ownership of Gascor. There are two main reasons for this.

Firstly, the Act provides for Gascor to undertake certain miscellaneous statutory functions such as the certification of property transfers made by Gascor and the authorisation of proceedings for offences under the act. As a matter of policy it is not appropriate for these functions to be undertaken by private sector entities.

The purpose of this Bill is to remove these powers and obligations from Gascor. Where necessary some powers will be transferred to the administrator of the State Electricity Commission of Victoria (SECV), a state-owned entity. Secondly, the Act contains provisions relating to the functions and powers of Gascor. As Gascor is now a privately owned entity these provisions are superfluous and therefore should be repealed. Most of the sections identified for repeal in Divisions 2, 3 and 4 of Part 2 of the Act fall into this category.

Content and Committee comment

[Clauses]

[2]. The provisions in the Bill come into operation on the day after Royal Assent.

The Committee makes no further comment.

Nurses (Amendment) Bill

Introduced: 25 November 2003
Second Reading Speech: 27 November 2003
House: Legislative Assembly
Minister introducing Bill: Hon. Bronwyn Pike MLA
Portfolio responsibility: Minister for Health

Purpose

The Bill amends the Nurses Act 1993 (‘the Act’) to provide for the endorsement of registration of nurses registered in division 2 of the register of nurses kept under the Act who have completed an approved course of study in medication administration.

Content and Committee comment

[Clauses]

[2]. The provisions in the Bill come into operation the day after Royal Assent.

[5]. Inserts a new section 8C into the Act which allows the Board to endorse the registration of a nurse registered under division 2 of the register if the Board is satisfied that the nurse has completed an approved course of study in medication administration or its equivalent.

[6 to 9]. Deal with the notification of an outcome of an application, renewal of endorsement, refusal to renew registration or endorsement and suspension of endorsement.

[11]. Inserts new offences into the Act which prohibit persons or nurses from claiming to be endorsed under section 8C.

[12]. Amends section 66 of the Act (which sets out the powers and functions of the Board) to provide that the Board may also approve courses of study that provide competence for which registration may be endorsed under section 8C and to determine the manner in which competencies for such endorsement may be maintained.

The Committee makes no further comment.

Public Prosecutions (Amendment) Bill

Introduced: 25 November 2003
Second Reading Speech: 27 November 2003
House: Legislative Assembly
Minister introducing Bill: Hon. Rob Hulls MLA
Portfolio responsibility: Attorney-General

Purpose

The Bill confers immunity from personal liability in certain circumstances on certain persons performing duties under the Public Prosecutions Act 1994 (‘the Act’).

Notes

The provisions have retrospective effect and apply to former holders of the relevant offices listed in clause 3 and apply to past causes of action irrespective whether liability occurred before the commencement of these amendments.

Any personal liability that would have attached to a relevant office holder attaches instead to the State.

The proceedings in Cannon v Tache in the Supreme Court and any other proceedings commenced prior to Royal Assent are not affected by the amendments made by the Bill.

Content and Committee comment

[Clauses]

[2]. The provisions in the Bill come into operation on the day after Royal Assent.

[3]. Inserts a new section 46 in the Act providing an immunity which covers the following persons in the exercise of a power or the performance of a function or duty under, or in connection with, the Act in good faith–

Director of Public Prosecutions;

Chief Crown Prosecutor;

Crown Prosecutors;

Associate Crown Prosecutors;

Solicitor for Public Prosecutions;

members of staff employed in the Office of Public Prosecutions in connection with the institution, preparation or conduct of any proceeding or matter on behalf of the Director of Public Prosecutions;

members of the Committee for Public Prosecutions.

The immunity extends to both current and former persons as specified to ensure that they are sufficiently covered retrospectively, including those persons who carried out similar duties and functions under previous corresponding legislation in the Director of Public Prosecutions Act 1982.

New section 46(3) provides that any liability that would have arisen from an act or omission attaches instead to the State.

[4]. Inserts a new transitional section 53 which provides that the immunity provision under new section 46 applies to any causes of action whether arising before or after the commencement of the Act, except for the rights of the parties in the ongoing Cannon v Tahche (Supreme Court) proceedings and any other proceedings that are commenced before the provisions in the Bill come into law.

The Committee makes no further comment.

Committee Room
1 March 2004