Scrutiny of Acts and Regulations Committee

Alert Digest No 3 of 2005

Tuesday, 22 March 2005

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Charities (Amendment) Bill

Introduced: 22 February 2005
Second Reading Speech: 24 February 2005
House: Legislative Assembly
Minister introducing Bill: Hon. Rob. Hulls MLA
Portfolio responsibility: Attorney-General

Purpose

The Bill amends the Charities Act 1978 (the ‘Act’) to –

• increase the monetary limits for applications to the Attorney-General for approval of cy près schemes;

• provide for further increases of such monetary limits by Order in Council;

• provide for a scheme for the approval of the investment of charitable trust property in common funds by trustees;

• provide for information to be obtained by the Attorney-General from a charity or charitable estate for the purposes of inquiring into the administration of the charity or estate under Part II of the Act.

The Committee notes this extract from the explanatory memorandum –

The Charities Act 1978 makes provision for applications to the Attorney-General by trustees of charitable trusts for approval of schemes varying the purposes for which trust property may be applied (cy près schemes). This provision is an alternative to making an application to the court where the original purposes of the charitable trust are unable to be carried out and allows alternative purposes, as close as possible to the original purposes, to be approved. However, applications can only be made to the Attorney-General if the value of the corpus of the property is less than $50,000 ($1,000 if the charitable trust has failed altogether). The main purpose of this Bill is to increase those limits.

The Bill also makes provision for the approval of the investment of charitable trust funds in common funds. Trustees are prohibited from mingling money subject to a trust with other money. The Bill provides for the approval of schemes for investment in common funds.

Content and Committee comment

[Clauses]

[2]. The Act will come into force on proclamation but not later than by 30 November 2005.

[5]. Amends section 4 of the Act to increase the limits for cy près applications to the Attorney-General from the present amounts of $50,000 (value of the corpus of the trust) and $1,000 (value of the corpus of a trust that has failed) to $500,000 and $50,000.

[6]. Inserts new sections 4A and 4B in the Act to enable the Governor in Council, by Order, to increase the monetary limits applying under sections 4 or 5 of the Act and requires an Order in Council to be tabled and permits its disallowance by Parliament.

[9]. Inserts a new Part IA in the Act making provision for the approval of schemes for investment in common funds and protects trustees against liability for breach of trust by reason only of mingling trusts funds in accordance with an approval given under the Part.

The new Part entitles trustees to a commission of up to 5% of the income of the part of the fund invested in a common fund in satisfaction for the costs of administration of the trust.

New section 7G allows the Attorney-General to make inquiries and request further information, before deciding an application.

New section 7I confirms that an approval by the Attorney-General to invest in a common fund continues despite the corpus of the trust subsequently exceeding the eligible property limits applying when the approval was given.

[10]. Inserts new sections 9A and 9B into Part II of the Act and enables the Attorney-General to require trustees of a charity to provide information to assist in determining whether an inquiry should be conducted and makes it an offence to fail to comply, without reasonable excuse, with a requirement of the Attorney-General.

The Committee makes no further comment.

Classification (Publications, Films and Computer Games)(Enforcement) (Amendment) Bill

Introduced: 22 February 2005
Second Reading Speech: 24 February 2005
House: Legislative Assembly
Minister introducing Bill: Hon. Rob. Hulls MLA
Portfolio responsibility: Attorney-General

Purpose

This Bill amends the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (the ‘Act’) to improve the operation of the classification scheme. In particular, the Bill introduces common classification categories for films and computer games. These amendments are consequent to amendments passed in 2004 to the Classification (Publications, Films and Computer Games) Act 1995 (Cth).

The Bill makes further provision in respect of evidentiary certificates and forfeiture of seized films, publications and computer games.

The Bill also increases the age threshold of victims from under 16 to under 18 in relation to objectionable material, objectionable films and objectionable publications.

The Bill further makes consequential amendments to the Crimes Act 1958 and the Confiscation Act 1997.

Background

The purpose of the Act is to give effect to the Commonwealth/State/Territory scheme for the classification of publications, films and computer games set out in the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth by –

• providing for the enforcement of classification decisions made under that Act; and

• prohibiting the publishing of certain publications, films and computer games; and

• prohibiting certain material on on-line information services.
  

Content and Committee comment

[Clauses]

[2]. With the exception of clauses 4, 5, 6, 7 and 12 the Bill will come into operation on the day after Royal Assent. The commencement of the remaining clause are linked to the commencement of Commonwealth legislation.

[5]. Omits references to some of the former classification categories for films throughout Part 2 (Films) of the Act and replaces them with the new classification categories as set out in the table.

[6]. Omits references to some of the former classification categories for computer games throughout Part 4 of the Act and replaces them with the new classification categories as set out in the table.

[8]. Amends the forfeiture provisions in section 75A of the Act and provides that where a person is found guilty of one or more offences against the Act, regardless of the number of charges filed, in relation to 10 or more films classified RC or X 18+; or publications or computer games classified RC; or objectionable films or objectionable publications, then any other film, publication or computer game (item) that was seized at the same time and at the same premises as the items which relate to the offence are forfeited to the Crown unless the Magistrates' Court makes an order.

[10]. Amends the definitions of “objectionable film” and “objectionable publication” in section 3 of the Act by removing the words “under 16”. The effect of this amendment is to raise the relevant victim age threshold from under 16 to under 18.

Note: Currently sections 3 and 56 define objectionable publication, film and material as ‘a publication, film or material that describes or depicts a person who is, or looks like, a minor under 16 engaging in sexual activity or depicted in an indecent sexual manner or context’. Other than the words ‘under 16’ the definition is identical to the current definition of ‘child pornography’ in section 67A of the Crimes Act 1958.

Section 56 of the Principal Act is similarly amended in respect of the definition of “objectionable material”.

Section 57A (Publication or transmission of child pornography) of the Principal Act is also amended to raise the victim age threshold from under 16 to under 18.

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

The Bill will change the age threshold for victims in relation to objectionable material, objectionable films and objectionable publications from under 16 to under 18 years.

The Bill strengthens Victoria’s laws against the sexual exploitation of children. The international labour organisation convention 182 on the worst forms of child labour calls for the elimination of the worst forms of child labour, including the use, procuring or offering of a child under 18 for, prostitution, production of pornography or pornographic performances.

The Victorian government strongly supports ratification of this convention. Promoting the physical, sexual, emotional and psychological safety of all young people is a priority for this government. These amendments are a further step towards the elimination of all forms of child exploitation.

[11]. Inserts transitional provisions (new sections 87C, 87D, 87E and 87F) in the Act to ensure that enforcement action under the Act is not hindered by the introduction of new classification categories.
New section 87E sets out transitional provisions for proceedings for offences committed before commencement of the new classification categories.

[12]. Makes consequential amendments to the Crimes Act 1958 and the Confiscation Act 1997.
he Committee makes no further comment.

The Committee makes no further comment

Courts Legislation (Judicial Conduct) Bill

Introduced: 22 February 2005
Second Reading Speech: 24 February 2005
House: Legislative Assembly
Minister introducing Bill: Hon. Rob. Hulls MLA
Portfolio responsibility: Attorney-General

Purpose

The Bill amends the Constitution Act 1975 (the ‘Constitution’) to –

• make fresh provision for the removal of judicial officers from office consistent with the Australian Constitution;

• establish a panel and an investigating committee structure to investigate serious complaints against judicial officers; and

• give an entitlement to re-appointment to judicial office to holders of an abolished judicial office.

Content and Committee comment

[Clauses]

[2]. The amendments made by the Bill will come into effect on the day after Royal Assent.

[3]. Entrenches a new Part IIIAA into the Constitution. The new Part makes fresh provision for the removal of judicial officers from office consistent with the Australian Constitution, establishes a panel and an investigating committee structure to investigate serious complaints against judicial officers, and gives an entitlement to re-appointment to judicial office to holders of an abolished judicial office.

[4]. New Part IIIAA consists of ten new sections 87AAA–87AAJ.

Removal of judicial office holders

New section 87AAB provides that the holder of judicial office may only be removed from office by the Governor in Council on an address from a special majority (two-thirds) of both Houses of Parliament. Parliament may not present such an address unless an investigating committee established under section 87AAD has first concluded that the judicial officer’s behaviour could amount to proved misbehaviour or incapacity.

New section 87AAC establishes a panel of seven Federal Court, interstate Supreme Court or Family Court judges appointed by the Attorney-General after consultation with their respective Chief Justices.
New sections 87AAD and 87AAE provide that the Attorney-General may appoint an investigating committee of three judges from the panel established by section 87AAC to investigate whether a judicial officer’s behaviour could amount to proved misbehaviour or incapacity. The powers of an investigating committee established under section 87AAD are set out in new section 87AAF, and include the power to summon witnesses and examine witnesses on oath.

New section 87AAG provides that an investigating committee may allow legal representation, but is not bound by the rules of evidence.

New section 87AAH requires an investigating committee to report its findings to the Attorney-General, and to state whether or not facts exist which could amount to proved misbehaviour or incapacity. If appropriate, the Attorney-General may table a copy of the committee’s report in Parliament.

Parliament may fix retirement age for judicial office holders

New section 87AAI clarifies that Parliament may still fix retirement ages for judicial officers.

Entitlement to re-appointment to other equivalent judicial office on abolition of court

New section 87AAJ creates an entitlement to re-appointment to judicial office to the holder of an abolished judicial office. The new section provides that where a judicial office is abolished, the holder of that office must be given the opportunity to be re-appointed to another judicial office in the same court or in a court of equivalent or higher status.

[5]. Provides for consequential amendments to sections 77(1) and 77(4) of the Constitution as a consequence of the new Part IIIAA.

[6]. Amends section 104(3A) of the Supreme Court Act 1986 to make the removal provisions for Supreme Court masters consistent with new Part IIIAA of the Constitution.

[7]. Repeals section 9 and amends sections 14(1) and 17A(2) of the County Court Act 1958 to make the removal provisions for County Court judges and masters consistent with new Part IIIAA of the Constitution.

[8]. Repeals section 11 and amends sections 9(10) and 12 of the Magistrates’ Court Act 1989 to make the removal provisions for magistrates consistent with new Part IIIAA of the Constitution.

[9]. Substitutes a new section 23(5) into the Victorian Civil and Administrative Tribunal Act 1998 (the ‘VCAT Act’). The new sub-section provides that the grounds for removing non-judicial members of VCAT from office are the same as for judges, masters and magistrates, namely, proved misbehaviour or incapacity. The VCAT Act (sections 22 and 23) already provides for the possible suspension of a non-judicial member and a process for the investigation of misconduct.

The Committee makes no further comment

Health (Compulsory Testing) Bill

Introduced: 22 February 2005
Second Reading Speech: 24 February 2005
House: Legislative Assembly
Minister introducing Bill: Hon. Peter Batchelor MLA
Minister responsible: Hon. Bronwyn Pike MLA
Portfolio responsibility: Minister for Health

Purpose

The Bill amends the Health Act 1958 (the ‘Act’) to make further provision for compulsory testing in circumstances where a custodian or caregiver may have been exposed to a specified infectious disease.

Content and Committee comment

[Clauses]

[2]. The amendments made by the Bill come into operation on the day after Royal Assent.

Secretary may order test of person who has died or who lacks capacity to consent to the test.

[3]. Amends section 120A of the Act to expand the existing circumstances in which the Secretary may make an order for a person to be tested for specified infectious diseases to include those where the person to be tested lacks capacity to consent to the test, either because they are unconscious or because they have died.

A test may be ordered even if the person's lack of capacity is temporary, and even if there is another person such as a parent or responsible person who had capacity to consent to the test.

The Committee notes this extract from the explanatory memorandum –

The process outlined in the Guardianship and Administration Act 1986 would generally not apply to these situations, since the “responsible person” only has the power to consent to the test if the test is in the best interests of the tested person. The test will generally be conducted due to concerns regarding the care-giver or custodian. The clause does not affect the power of a parent or responsible person to consent to a test (e.g. if the test was in the best interests of the tested person).

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

An anomaly with the current provisions is that the Secretary may grant the order if the person refuses to consent to the test, but the Secretary cannot grant the order if the person is unconscious or unable to give or refuse consent for other reasons.

In these situations, the Secretary cannot order the test, because the person is not, in law, 'refusing' to consent to the test.

There is a process in the Guardianship and Administration act 1986, which provides for a hierarchy of persons who may provide consent to certain types of medical treatment for a person who does not have the capacity to consent to the treatment. The person who is able to provide the consent is the 'person responsible'. The 'person responsible' may only consent to the test if it is in the best interests of the person. Generally, the test will be in the interest of the other person involved in the incident rather than in the interest of the tested person. If the test is not, in law, in the best interests of the person, then the person responsible cannot provide consent to the test.

Accordingly, neither the Guardianship and Administration Act 1986 nor the Health Act 1958 adequately address the situation where people without capacity are involved in incidents that may have resulted in the transfer of HIV or certain forms of hepatitis to a caregiver or custodian.

[4]. Inserts a new section 120AB in the Act to authorise senior medical officers of certain institutions to make orders or authorise tests for an infectious disease (HIV and Hepatitis) without the consent of the person tested and provides an immunity to a pathologist who gives information to a senior medical officer in these circumstances.

The person who ordered or authorised a test must ensure that the relevant person is counselled about the test as soon as practicable after the person has regained capacity to consent to the test.

If the person tested was deceased, or does not regain capacity after testing, the parent or the person responsible under the Guardianship and Administration Act 1986 must be counselled about the test.

[5]. Inserts a new section 120DA in the Act to provide that the Secretary may give directions about various matters, including which people may be suitable to be authorised as senior medical officers for the purposes of making orders and authorisations, the matters a senior medical officer must take into account when considering making an order or authorisation and the counselling and reporting requirements.

The Committee makes no further comment

Legal Profession (Consequential Amendments) Bill

Introduced: 22 February 2005
Second Reading Speech: 24 February 2005
House: Legislative Assembly
Minister introducing Bill: Hon. Rob Hulls MLA
Portfolio responsibility: Attorney-General

Purpose

The Bill makes the numerous consequential amendments necessary as a result of the passage of the Legal Profession Act 2004 (the ‘Act’).

The Act seeks to implement a new regulatory framework for the legal profession while simultaneously implementing national model provisions. The Act abolishes the Legal Practice Board, the office of the Legal Ombudsman and the Legal Profession Tribunal and establishes new bodies responsible for regulating the legal profession in Victoria. The Act also introduces numerous changes in terminology.
This Bill amends numerous Acts to incorporate the new regulatory framework and those changes in terminology arising from the Act.

This Bill makes –

• a number of minor technical amendments which are necessary to correct typographical errors and incorrect cross-referencing;

• changes to the Act which have arisen from amendments to the Standing Committee of Attorneys-General national model provisions, and so require adoption at a local level;

• a small number of amendments to the Act which raise issues of policy.

Content and Committee comment

[Clauses]

[2]. The provisions in the Bill will come into operation on proclamation but not later than by 1 January 2006.

[9]. Amends section 2.8.14 in the Act to provide that regulations may be made to allow the Board to determine from time to time classes of Australian-registered foreign lawyers required to contribute to the Fidelity Fund, as well as the contributions and levies payable by those classes, and the time and manner of payment.

[10]. Substitutes a new section 3.4.9(1)(c) in the Act to provide that one of the things that a law practice must disclose to a client in respect of costs is an estimate of the total legal costs. If this is not reasonably practicable to do, the law practice must disclose a range of estimates of the total legal costs and an explanation of the major variables that will affect the calculation of those costs.

[16]. Inserts a new section 6.7.10(1A) in the Act to allow the Attorney-General to direct the Board to pay an amount out of the Distribution Account of the Public Purpose Fund to the Victorian Law Reform Commission each financial year.

[18]. Provides for the Acts listed in Schedule 1 to be amended as set out in that Schedule.

Schedule 1

This Schedule amends a number of Acts as a consequence of the abolition of the Legal Practice Board, Legal Ombudsman, and Legal Profession Tribunal. Amendments have been made to the Acts referred to in this Schedule to remove references to these bodies and to include references to the new regulatory bodies established by the Principal Act. A number of changes in terminology have also been introduced under the Principal Act, and as a result, references to terms such as “solicitor” must be removed, and be replaced with references to “Australian lawyer” or “Australian legal practitioner”, as appropriate.

The Committee makes no further comment.

Mitcham-Frankston Project (Amendment) Bill

Introduced: 22 February 2005
Second Reading Speech: 24 February 2005
House: Legislative Assembly
Minister introducing Bill: Hon. Peter Batchelor MLA
Portfolio responsibility: Minister for Transport

Purpose

The Bill amends the Mitcham-Frankston Project Act 2004 (the ‘Act’) to –

• include the construction of the Dandenong Southern By-Pass in the Project;

• improve the operation of the tolling provisions;

• improve generally the operation of that Act.

The Bill also amends the Road Management Act 2004 in relation to the functions of the Mitcham-Frankston Freeway Corporation; and the Southern and Eastern Integrated Transport Authority Act 2003 to include the construction of the Dandenong Southern By-Pass in the Project.

Content and Committee comment

[Clauses]

[2]. The amendments made by the Bill come into force on the day after Royal Assent.

[9]. Inserts a substitute for section 10 of the Act which names ConnectEast Pty Limited A.C.N. 101 213 263 as the Freeway Corporation and provides a process whereby the Governor in Council may declare another person to be the Freeway Corporation in its stead.

[10]. Inserts a substitute for section 12 of the Act to enable the Freeway Corporation to delegate any of its powers and functions under the Act, the Road Management Act 2004 or the Road Safety Act 1986 or under any regulations under those Acts to an “approved corporation”.

[11]. Inserts a substitute for section 13(1) of the Act to enable the Minister to delegate any of the Minister's powers under that Act or the Agreement to the Authority, an employee of the Authority, a person employed under Part 3 of the Public Administration Act 2004 or to a public authority.

[12]. Inserts a new section 30(3) into the Act which provides that the Information Privacy Act 2000 will not apply to acts or practices of the Freeway Corporation to the extent that the Freeway Corporation is bound by an approved privacy code under the Commonwealth Privacy Act 1988.

The Committee notes this extract from the explanatory memorandum –

This will effectively enable the Freeway Corporation to elect whether to be bound by either the State or the Commonwealth privacy legislation in certain circumstances.

[23]. Makes several changes to section 200 of the Act to implement a two step demand process which provides that the Freeway Corporation may issue a second demand for unpaid tolls and toll administration fees if the first demand has not been paid within 14 days after service.

[29]. Amends section 230(3) of the Act to further limit the power of Councils to make local laws which may affect the Project to local laws made by them under “any other Act” as well as local laws made under the Local Government Act 1989.

[30]. Inserts new sections 253(2) and 253(3) in the Act to provide that in respect to the Corporation no land tax is payable in respect of leased land, and no land tax is payable by a licensee in respect of licensed land.

[32]. Repeals Part 12 of the Act as this Part provided for the amendment of other Acts. Those amendments have all been made and the Part is now redundant.

The Committee makes no further comment

National Electricity (Victoria) Bill

Introduced: 22 February 2005
Second Reading Speech: 24 February 2005
House: Legislative Assembly
Minister introducing Bill: Hon. John Brumby MLA
Portfolio responsibility: Treasurer and Minister for Energy Industries

Purpose

The Bill is template (national scheme) legislation and makes provision for the operation of the national electricity market, for the repeal of the National Electricity (Victoria) Act 1997 and for consequential amendments to the Electricity Industry Act 2000, the Electricity Industry (Residual Provisions) Act 1993 and the Interpretation of Legislation Act 1984.

Background

By way of background the Committee notes the preamble to the National Electricity (Victoria) Act 1997 (to be repealed).

A National Grid Management Council was formed following decisions of Special Premiers’ Conferences in October 1990 and July 1991.

The National Grid Management Council has developed plans for a co-ordinated electricity market spanning the eastern states, South Australia and the Australian Capital Territory.

The Council of Australian Governments agreed in February 1994 to recommendations for regulatory arrangements for the national electricity market consistent with reforms of competition policy.

The regulatory arrangements include regulation of certain elements of the operation of the market by way of a code of conduct that is subject to authorisation under the Trades Practices Act 1974 of the Commonwealth.

The States of New South Wales, Victoria, Queensland and South Australia and the Australian Capital Territory have agreed to the enactment of legislation in the several jurisdictions for the implementation of the regulatory arrangements.

Content and Committee comment

[Clauses]

[2]. The Act will commence on proclamation.

[6]. Provides that the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 (SA), as in force for the time being, applies as a law of Victoria and may be referred to as the National Electricity (Victoria) Law.

The Committee notes this extract from the explanatory memorandum –

The National Electricity Law forms part of a co-operative scheme for regulation of the national electricity market, which came into operation in December 1998. The lead legislation is the National Electricity (South Australia) Act 1996 (SA). The current National Electricity Law is a Schedule to that Act, and that Law, together with the Regulations made under the National Electricity (South Australia) Act 1996, are applied by each of the national electricity market jurisdictions, that is, Victoria, New South Wales, Queensland and the Australian Capital Territory, by way of Application Acts. The current National Electricity Law provides for the making of the National Electricity Code, which contains detailed rules for operation of the market and related matters.

Pursuant to energy market reforms proposed by the Ministerial Council on Energy, a new National Electricity Law, Regulations and now, the National Electricity Rules (formerly the National Electricity Code), will be applied in each of the national electricity market jurisdictions. In addition, this new regulatory scheme will now be applied as a law of the Commonwealth in the offshore adjacent area of each State and Territory, similar to the approach used for the gas pipelines access regime. Tasmania is scheduled to join the national electricity market on 29 Mary 2005, and apply this new regulatory scheme.

[7]. Provides that the National Electricity Regulations as in force for the time being under the National Electricity (South Australia) Act 1996 (SA), apply as Regulations in force for the purposes of the National Electricity (Victoria) Law and may be referred to as the National Electricity (Victoria) Regulations.

[9]. Provides that except as provided by section 59(1) of the National Electricity (Victoria) Law, proceedings may not be instituted in a relevant court in respect of a breach of a provision of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations or the National Electricity Rules by any person other than the Australian Energy Regulator that is not an offence provision.

Report to the Parliament pursuant to section 17(b)(i) and (ii) of the Parliamentary Committees Act 2003 concerning a repeal alteration or variation of section 85 of the Constitution Act 1975 (limitation of the jurisdiction of the Supreme Court)

[12]. Declares that it is the intention of section 9 to alter or vary section 85 of the Constitution Act 1975.

The Committee notes the section 85 statement in the Minister’s Second Reading Speech –

Section 9 provides that except as provided in the National Electricity (Victoria) Law, proceedings may not be instituted in a relevant court in respect of a breach of a provision of the National Electricity (Victoria) Law, National Electricity (Victoria) Regulations or the National Electricity Rules that is not an offence provision.

The reason for limiting the jurisdiction of the Supreme Court by this section is to ensure that, as provided for in the new National Electricity Law, the Australian Energy Regulator, as the sole body responsible for monitoring compliance with that law and the rules, is the only body that may institute proceedings for a breach of a provision of these instruments, other than an offence provision.

The Committee notes this extract from the explanatory memorandum –

This provision is required to ensure that there is only one body responsible for enforcement of the National Electricity Law, National Electricity Regulations and National Electricity Rules in all participating jurisdictions, the Australian Energy Regulator.

This provision does not prevent a person aggrieved by a decision or determination of the AEMC or NEMMCO bringing judicial review proceedings in the Supreme Courts of the State and Territories that are participating jurisdictions or a person bringing review proceedings against the Australian Energy Regulator under the Administrative Decisions (Judicial Review) Act 1977 (Cth). It also does not prevent proceedings in respect of offence provisions specified in the National Electricity Law.

[13]. Provides that the National Electricity (Victoria) Act 1997 is repealed.

Appendix

The Appendix to the Victorian Bill contains the relevant South Australian Act (that ‘Act’). The respective schedules (1 to 3) to that Act contain the National Electricity Law, miscellaneous provisions relating to interpretation and provides for savings and transitional matters.

The National Electricity Law makes provision for – [21]. Search warrants to be issued by a magistrate. [28]. Power to obtain information and documents with a privilege against self-incrimination protection in respect to both information and documents. [59]. Instituting civil proceedings (refer to section 85 statement above).

The Committee makes no further comment

Outworkers (Improved Protection) (Amendment) Bill

Introduced: 22 February 2005
Second Reading Speech: 24 February 2005
House: Legislative Assembly
Minister introducing Bill: Hon. Rob Hulls MLA
Portfolio responsibility: Minister for Industrial Relations

Purpose

The Bill amends the Outworkers (Improved Protection) Act 2003 to enhance the protection of outworkers in the clothing industry by ensuring that all outworkers are entitled to the provisions of any relevant federal award and makes a number of technical amendments in relation to updating references in federal legislation.

Content and Committee comment

[Clauses]

[2]. The amendments made by the Bill come into force on 1 August 2005.

[4]. Inserts a definition of “clothing industry” and amends the definitions of “outworker” and “remuneration” in the Act.

[7]. Inserts a new Division 3 in Part 2 of the Act to confer on outworkers the same conditions as those under any relevant federal award, and a corresponding obligation on a person who engages an outworker to not provide a lesser benefit.

[9]. Amends section 65 of the Act by inserting new powers to make regulations with respect to a regime of record-keeping, registration, lodging documents, dispute resolution and like provisions found in federal awards in the clothing industry to enhance levels of compliance with outworkers' lawful entitlements.

The Committee makes no further comment

Committee Room
21 March 2005

Scrutiny of Acts and Regulations Committee
© Parliament of Victoria