Scrutiny of Acts and Regulations Committee

Alert Digest No 7 of 2006

Tuesday, 18 July 2006

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Children, Youth and Families (Consequential and Other Amendments) Bill

Introduced: 6 June 2006
Second Reading Speech: 8 June 2006
House: Legislative Assembly
Minister introducing Bill: Hon. Sherryl Garbutt MLA
Portfolio responsibiliy: Minister for Children

Purpose

The Bill amends the Children, Youth and Families Act 2005 (the ‘Act’) (not yet proclaimed), the Children and Young Persons 1989 (the ‘1989 Act’) and makes consequential amendments to other Acts. The Bill repeals the unproclaimed Adoption (Amendment) Act 1991.

Content and Committee comment

[Clauses]

[2]. Part 1, Part 3 and clauses 36 to 40 of the Bill come into operation on proclamation but not later than by 1 September 2006. The remaining provisions of the Bill are to come into force on the commencement of the Children, Youth and Families Act 2005.

[4]. Amends sections 12 and 13 of the Act to set out the additional decision making principles for Aboriginal children such as the placement of an aboriginal child or other significant decision.

[24]. Inserts new sections 488I to 488N and deals with applications for a change of name by detainees or a child of a detainee and gives the Secretary of the Department of Human Services a discretion, based on certain criteria, to approve or refuse to approve a name change.

Children and Young Persons Act 1989

[32]. Inserts a new Division 12A into Part 4 to provide for equivalent provisions as in [24] to cover change of name applications by detainees and or their children.

[40]. Repeals the Adoption (Amendment) Act 1991 (unproclaimed).

Note: This Act was prepared to clarify issues around the delegation of powers by the Commonwealth Government of guardianship over non-citizen children brought into Australia for the purposes of adoption. Subsequent resolution of the issues including ratification of the Hague Convention on the Protection of Children and Cooperation in respect of Intercountry Adoption and amendment of relevant provisions of the Adoption Act 1984 means that this Act need not be proclaimed.

The Committee makes no further comment.

Corrections and Other Justice Legislation (Amendment) Bill

Introduced: 6 June 2006
Second Reading Speech: 7 June 2006
House: Legislative Assembly
Minister introducing Bill: Hon. Tim Holding MLA
Portfolio responsibiliy: Minister for Corrections

Purpose

The Bill will provide for new powers for the Adult Parole Board to scrutinise and prevent improper name changes by offenders on parole or those subject to extended supervision orders under the Serious Sex Offenders Monitoring Act 2005.

The Bill extends the existing victims register provisions to ensure that relevant victims can be kept informed of supervision orders under the Serious Sex Offenders Monitoring Act 2005.

The Bill clarifies the operation of the Adult Parole Board's powers in relation to arrest warrants under the Corrections Act 1986 to permit police to enter and search the offender's home or other place for the purpose of arresting the offender. The amendments also insert provisions in respect to the execution, recall, cancellation and issue of duplicate warrants.

The Bill also amends the Serious Sex Offenders Monitoring Act 2005 to –

enable the secretary to initiate proceedings for breach of an extended supervision order without first giving notice to the offender, where this is warranted by the seriousness of the alleged breach;
give the secretary an express power to direct an offender to attend for clinical assessment (i.e. a non-physical examination) under the Act.
allow the court to make an extended supervision order sooner than 25 working days after an application is made if it is satisfied this is in the interests of justice.

The Bill amends the Firearms Act 1996 and the Firearms (Further Amendment) Act 2005 in relation to the disposal of forfeited firearms to overcome a limitation in the persons and bodies which may be given forfeited firearms for legitimate purposes such as display or law enforcement purposes.

Content and Committee comment

[Clauses]

[2]. Other than sections 5, 12(1), 13 and 18 the provisions in the Bill come into operation on the day after Royal Assent. The remaining sections commence operation upon proclamation but not later than by 1 October 2006.

Corrections Act 1986

[4]. Amends the definition of ‘order of imprisonment’ in section 6(d) of the Act to address a gap in this definition as it applies to certain federal offenders who may be transferred to Victoria under the national scheme for the interstate transfer of prisoners.

[5]. Extends the information that may be given to a registered victim under section 30A of the Act. The purpose of the amendments is to expand the information that can be provided to a registered victim to include certain information about an offender who may be subject to an extended supervision order under the Serious Sex Offenders Monitoring Act 2005.

If an extended supervision order is made or renewed, the registered victim may also be given details about the order, including supervision instructions or directions given to the offender by the Adult Parole Board that are relevant to the registered victim; details of any changes affecting the order’s operation; and details of any suspension or revocation of the order.

A registered victim can be given the information despite a suppression order made under section 42 of the Serious Sex Offenders Monitoring Act 2005 (unless that suppression orders expressly prohibits publication to a victim) and despite the information sharing provisions in sections 43 and 44 of that Act.

The Secretary need not include a person on the register once the relevant sentence of imprisonment or relevant extended supervision order has expired.

The Secretary has a discretion to include on the register certain persons who do not come within the definition of ‘victim’ but have another specified connection with the prisoner. These are if the person can demonstrate a documented history of domestic violence being committed against the person by a prisoner; or a substantial connection to the offence for which the prisoner is serving the sentence of imprisonment.

[6]. Amends the powers that may be exercised in executing arrest warrants issued by or an application of the Adult Parole Board under the Act. The amendments allow police to break, enter and search a place to execute these warrants. The circumstances are where an offender has his or her home detention order revoked or his or her parole order has been cancelled.

[7]. Inserts new Divisions 6 and 7 in Part 8 of the Act (sections 79 and 79A to 79K) providing new requirements for the approval of name change applications by or on behalf of a prisoner on parole. The provisions apply despite anything to the contrary in the Births, Deaths and Marriages Registration Act 1996.

New section 79B prohibits a prisoner on parole or another person on behalf of such a prisoner from making a change of name application to a Registrar without the Adult Parole Board’s written approval. This prohibition applies to an application to either the Victorian Registrar or an equivalent authority in another State or Territory.

New section 79C provides for the Adult Parole Board’s power to approve a change of name application by a prisoner on parole. Names that may be regarded as offensive to a victim of crime or that may be used to hinder supervision of the person on parole may be prohibited.

New section 79H enables the Secretary to give the name of a prisoner on parole and certain other details to the Victorian Registrar.

New sections 79I to 79K deal with warrants issued by the Adult Parole Board.

Serious Sex Offenders Monitoring Act 2005

[11]. Inserts a new section 7A empowering the Secretary to direct an offender to attend a personal examination under the Act for the purposes of making an assessment report. It is an offence for an offender to fail to comply with a direction to attend for a personal examination without reasonable excuse.

An offender cannot be required by a direction under section 7A to submit to a physical examination or actively co-operate in the carrying out of a personal examination, for example by being compelled to answer questions by the medical expert.

[13]. Inserts new sections 16A and 16B to give a person on the victims register a right to make submissions to the Adult Parole Board about the supervision instructions or directions it may give to an offender who is subject to an extended supervision order.

The Adult Parole Board must consider a victim submission it receives before giving an instruction or direction to the offender and the Board has an absolute discretion to determine the weight it gives the submission.

The victim submission must not be released to the offender unless the Adult Parole Board believes that the release is essential in the interest of fairness and justice; and the person who made the victim submission is given an opportunity to consent to the release, amend the submission so it can be released or withdraw the submission.

Where the victim has not taken any of the actions above the Adult Parole Board must not release the submission to the offender but may reduce the weight it would otherwise have given to it.

[19]. Amends section 40 which requires the Secretary to give an offender at least 14 days notice of an intention to file a charge for the offence of failing to comply with an extended supervision order without reasonable excuse. The amendment enables the Secretary to file a charge for breach of an extended supervision order without first giving notice to the offender, where the Secretary considers this is warranted having regard to the seriousness of the alleged breach.

[20]. Inserts new Part 4A into the Act to provide for new requirements for the approval of a name change application by or on behalf of an offender. These requirements mirror the provisions for the approval of name change applications by prisoners on parole in new Division 6 of Part 8 of the Corrections Act 1986 inserted by clause 7.

Firearms Act 1996

[22]. Replaces existing section 152(b)(ii) of the Act to address a limitation in the arrangements for the disposal of forfeited firearms to enable a forfeited firearm to be given to any person or body approved by the Minister to possess the firearm for an approved purpose. The new provision does not restrict the purposes that may be approved by the Minister.

The Committee makes no further comment.

Courts Legislation (Jurisdiction) Bill

Introduced: 6 June 2006
Second Reading Speech: 7 June 2006
House: Legislative Assembly
Minister introducing Bill: Hon. Rob Hulls MLA
Portfolio responsibiliy: Attorney-General

Purpose

The Bill amends the –

County Court Act 1958 so as to confer on the County Court an unlimited jurisdiction in civil proceedings;

Note: The current civil jurisdictional limits are $200,000 in the case of the County Court and $100,000 in the case of the Magistrates’ Court.

Crimes Act 1958 so as to enable a corporate defendant to be tried in its absence;
Magistrates’ Court Act 1989 so as to —
- enable a proceeding for a summary offence to be commenced at any time with the consent of both the defence and the prosecution;
- broaden the range of public officials who may issue a summons;
- enable summonses for all summary offences to be served by post where practicable and appropriate given the circumstances of the defendant (for example where the person is homeless or has no fixed address) and also having in mind the severity or seriousness of a finding of guilt against the person. The amended provisions also allow for personal service where the original service was by post;

Note: As a safeguard there is a right to a re-hearing under section 95 of the Act.

clarify that a persons legal representative may consent to a summary hearing and may enter a plea on behalf of a client;
require a charge to be read or explained to a defendant before the defendant is asked to plea to the charge unless the defendant is represented and the court considers it unnecessary to read or explain the charge to the defendant;
prevent a custodial order being made where the proceeding is heard and determined in the defendant’s absence;
expand the range of indictable offences triable summarily, specify criteria to which the Court is to have regard in deciding whether it is appropriate to determine a charge summarily and enable a summary hearing of an indictable offence to proceed in the absence of a corporate defendant;
expand the monetary limits for property offences from $25,000 to $100,000;
reform the procedure on committal proceedings including providing for the joint filing of case direction notices by the parties, enabling committal case conferences to be conducted and empowering the Court to conduct the proceeding in the absence of a corporate defendant;
enable a summary offence to be heard or conduct a committal proceedings in the absence of a corporate defendant.

Public Prosecutions Act 1994 to amend the definition of “special decision”. That is a decision to present a person for trial without there first being a committal for the charge for which the person is presented to stand trial.
Sentencing Act 1991 so as to empower the Supreme and County Courts to impose aggregate sentences of imprisonment, for example, where a person has been convicted of multiple related offences.

Content and Committee comment

[Clauses]

[2]. Parts 1, 6 and 7 and sections 7, 9, 11, 19, 20, 21 and 35 come into operation on Royal Assent. The remaining provisions come into operation on proclamation but not later than by 1 July 2007.

County Court Act 1958

[3]. Repeals a number of provisions in the Act so as to give the County Court an unlimited civil jurisdiction.

[4]. Provides that the amendments made by clause 3 only apply to proceedings commenced on or after the commencement of that section.

Crimes Act 1958

[6]. Requires the Director of Public Prosecutions to notify a defendant that is a body corporate of the date and time that it must appear at its arraignment. The notice must also inform the defendant that the trial court may proceed to hear the matter in its absence if it does not appear.

[8]. A Court may proceed with a trial (and the determination of a summary offence) in the absence of a corporate defendant if the Court is satisfied that the required notice of the arraignment date has been served on the defendant; and it is appropriate to do so.

[10]. Clarifies that an appeal court may vary an aggregate sentence of imprisonment.

Magistrates’ Court Act 1989

[17]. Provides that a summons for an indictable offence that is served on a corporate defendant must state that if the defendant does not appear in answer to the summons, the Court may proceed to hear and determine the charge or conduct a committal proceeding in the defendant’s absence.

[18]. Provides that summonses for all summary offences may be served by post. In determining whether to use postal or personal service requires an informant to consider whether postal service is the most appropriate form of service given all of the relevant circumstances known to the informant (listed in new section 36(1A)). The existing safeguards that apply in relation to defendants who have been served by post will remain, such as the broad right to a re-hearing in section 95 of the Act.

[19]. For the avoidance of doubt new section 38(2) provides that a legal practitioner may consent to a summary hearing under section 53(1) and may enter a plea on behalf of a client.

[20]. Inserts a new section 38A into the Act to require the Court to read charges, or explain the substance of charges, to a defendant before the defendant is asked to plead to the charges. However, if the Court considers it appropriate, it will not be necessary for the Court to read out, or explain the substance of, charges to a represented defendant.

[21]. Provides that the Court may order personal service of a summons that was originally served by post. This clause also inserts a new section 41(4) to provide that the Court may not make a custodial order if it hears and determines a matter in a defendant’s absence.

[22]. Amends the provisions relating to indictable offences triable summarily and sets out criteria to assist the Court in determining whether a charge is appropriate to be determined summarily. Schedule 4 of the Act is amended to expand the list of indictable offences that may be heard and determined summarily and to increase the monetary limit of property offences listed in Schedule 4 from $25,000 to $100,000.

[23]. Inserts a new section 54A to give the Court a discretion to hear indictable charges that may be heard summarily in the absence of a corporate defendant and without the defendant’s consent to a summary hearing.

[24]. Inserts a new section 56(2A) into the Act to give a court the discretion to conduct a committal proceeding in a corporate defendant’s absence.

[31]. Provides that in a committal proceedings if the informant does not oppose leave being granted for the cross-examination of a witness, the Court must grant leave unless it considers it inappropriate to do so.

[34]. Inserts a new clause 24AA into Schedule 5 of the Act to provide that if an absent corporate defendant is committed for trial, the DPP must notify the defendant that it has been committed for trial; that it has been ordered to appear at its arraignment and that it is an offence not to comply with that order; of the date and time at which it must appear at its arraignment; and that if it does not appear at its arraignment, the trial court may proceed to hear and determine the charge in its absence.

Sentencing Act 1991

[38]. Amends section 9 of the Act to provide that the Supreme and County Courts may impose aggregate sentences of imprisonment.

Note: An aggregate sentence will only be able to be imposed where an offender is convicted of two or more offences which are founded on the same facts, or form, or are part of, a series of offences of the same or similar character. Aggregate sentences will not be able to be imposed if the offender is a serious offender being sentenced for a relevant offence or for offences committed both during and outside a parole period.

The Committee makes no further comment.

Courts Legislation (Neighbourhood Justice Centre) Bill

Introduced: 6 June 2006
Second Reading Speech: 7 June 2006
House: Legislative Assembly
Minister introducing Bill: Hon. Rob. Hulls MLA
Portfolio responsibiliy: Attorney-General

Purpose

The Bill amends the Magistrates’ Court Act 1989 (the ‘Act’), the Children and Young Persons Act 1989 and the Children, Youth and Families Act 2005 to establish Neighbourhood Justice Divisions of the Magistrates’ Court and the Children’s Court; and to provide for the jurisdiction and procedure of those Divisions with the objectives of simplifying access to the justice system and applying therapeutic and restorative approaches in the administration of justice.

Note: The explanatory memorandum provides – The Bill will facilitate the operations of the Neighbourhood Justice Centre scheduled to open in the City of Yarra in early 2007 by establishing specialist Neighbourhood Justice Divisions in the Magistrates’ Court and the Children’s Court.

The Neighbourhood Justice Centre is a three year pilot project that will incorporate a multi jurisdictional court and access to a range of support services in the one location. It will act as a venue for the Magistrates’ Court, Children’s Court, Victorian Civil and Administrative Tribunal and the Victims of Crime Assistance Tribunal, with one principal magistrate hearing cases from each of those jurisdictions. The magistrate will apply the principles of therapeutic jurisprudence and restorative justice to these cases where appropriate.

The Magistrates’ Court and Children’s Court will sit at the Neighbourhood Justice Centre through the Neighbourhood Justice Divisions.

Content and Committee comment

[Clauses]

[2]. Clauses 1 and 2 (Part 1) comes into operation on the day after Royal Assent. Part 6, which contains the sunset provisions for the Bill, is to commence on 31 December 2009. The remaining provisions commence on proclamation but not later than by 31 March 2007.

Note: The Neighbourhood Justice Centre is a three-year pilot project that will cease on that date. The project will be evaluated before that date to determine whether its operation should be extended.

Magistrates’ Court Act 1989

[3]. Inserts definitions of “homeless person” and “Neighbourhood Justice officer” into the Act.

[4]. Inserts new sections 4M to 4Q into the Act to provide for the establishment and operations of the Neighbourhood Justice Division of the Magistrates’ Court.

New section 4M establishes the Division and provides for its constitution and powers.

New section 4N determines where the Division can sit.

New section 4O sets out the criminal and civil jurisdiction of the Division. There must be a link between the proceeding and the local community. The Division will be able to hear criminal proceedings if the defendant resides in the municipal district gazetted by the Minister; is a homeless person who is either alleged to have committed the offence in the municipal district, or who is living in the municipal district in a type of accommodation referred to in the definition of “homeless person”; or is an Aborigine with a close connection to the municipal district who is alleged to have committed the offence in that district.

The Division will be able to hear civil proceedings or proceedings under the Crimes (Family Violence) Act 1987 if at least one of the parties resides in the municipal district; at least one of the parties is a homeless person and the Court considers it appropriate to deal with the matter in the Division; at least one of the parties is an Aborigine with a close connection to the district and the Court considers it appropriate to deal with the matter in the Division; or the whole or a material part of the cause of action or claim arose in the municipal district; or the whole or a material part of the allegations of family violence occurred in the municipal district.

New section 4Q provides for sentencing procedure in the Neighbourhood Justice Division and the court may defer sentencing even where the defendant is over 25 years old.

[5]. Allows Rules of Court to be made to give effect to the new Neighbourhood Justice Division of the Court.

Children and Young Persons Act 1989

[6 to 10]. Make consequential amendments to the Act giving effect to the new Neighbourhood Justice Division of the Court.

Note: The explanatory memorandum states – The Children and Young Persons Act 1989 will be repealed by section 601 of the Children, Youth and Families Act 2005. Section 601 has not yet commenced operation. In case section 601 does not commence operation before the commencement of this Bill, Part 3 amends the Children and Young Persons Act 1989 to provide for the establishment and operations of the Neighbourhood Justice Division in the Children’s Court prior to that time.

Children, Youth and Families Act 2005

[11 to 15]. Make consequential amendments to the Act giving effect to the new Neighbourhood Justice Division of the Court.

Crimes (Family Violence) Act 1987

[16]. Amends section 3A(5) of the Act to state that references to the Children’s Court and Magistrates’ Court in that Act include the Neighbourhood Justice Divisions of those Courts.

Repeal of Neighbourhood Justice Centre Provisions

[17 to 20]. Provides for the sunsetting of the Bill by reversing the amendments made by the other provisions in the Bill.

The Committee makes no further comment.

Health Services (Supported Residential Services) Bill

Introduced: 5 June 2006
Second Reading Speech: 6 June 2006
House: Legislative Assembly
Minister introducing Bill: Hon. Bronwyn Pike MLA
Portfolio responsibiliy: Minister for Health

Purpose

The Bill amends the Health Services Act 1988 (the ‘Act’) to —

revise the criteria which the Secretary must consider in relation to applications for approval in principle, registration and renewal of registration of health service establishments;
regulate the content of residential statements provided under section 106 of the Act and provide that residents may rely on those statements;
provide for a minimum period for the provision of notices to vacate to residents of supported residential services;
revise the provisions of the Act that relate to the management and control of the money of residents of supported residential services;
regulate certain transactions between residents of supported residential services and the proprietors, or close associates of proprietors, of those services;

Content and Committee comment

[Clauses]

[2]. Sections 1, 2 and 3 come into operation on Royal Assent. The remaining provisions come into operation on proclamation but not later than by 1 January 2007.

[4]. Inserts a definition in section 3 of the Act for “close associate” in relation to a proprietor of a supported residential service.

[6 to 8]. Amends sections 71, 83 and 89 of the Act to include new criteria, and to amend existing criteria, that the Secretary must consider when deciding whether or not to grant approval in principle, registration and renewal of registration to an applicant or service provider in relation to a health service establishment.

[10]. Amends section 106(2) in respect to information that a residential statement must contain including the new policy initiatives included in the Bill relating to the management or control of residents’ money by proprietors (see clause 14 below).

[12]. Inserts a new section 106C into the Act to provide that if a proprietor of a supported residential service proposes to cease carrying on business as a supported residential service, the proprietor must provide each resident and the resident’s guardian or administrator with written notice requiring the residents to vacate the premises, at least 28 days before the proposed date of cessation. The proprietor must also advise the resident’s next of kin that the written notice of intended cessation of business has been given to the resident. It is an offence to fail to comply with either of these requirements.

Supported residential service - management and handling of residents money by proprietor or staff of establishment

[14]. Substitutes a new section 108H and inserts new sections 108HA, 108HB, 108HC and 108HD into the Act.
The new sections govern the management or control of residents’ money by the proprietor of a supported residential service. Two new offences have been created, one for the proprietor of a supported residential service managing or controlling money of a resident without the written consent of the resident or the resident’s administrator, and another for a proprietor managing or controlling more than the prescribed amount.

Prohibited and reportable transactions between a proprietor or staff and resident of a supported residential service

[15]. Inserts new sections 108M to 108S into Act.

New section 108M relates to prohibited and reportable transactions between residents of supported residential services and proprietors or close associates.

“Prohibited transactions” include a gift from a resident with a value of $100 or more, or any other prescribed amount; a transfer of real or personal property from a resident for less than market value; a sale of real or personal property to a resident for more than market value.

New section 108O provides that a proprietor of a supported residential service must give notice of what constitutes a prohibited and reportable transaction under section 108M to each person who is a resident of a supported residential service and the next of kin, guardian or administrator of the resident, and to each close associate of the proprietor who is actively involved or employed in the service.

New section 108P provides that a proprietor or close associate must give notice to the Secretary of any reportable transaction to which the proprietor or close associate is a party, within 14 days (or any other prescribed period) of the transaction being entered into.

New section 108Q provides for a cooling off period for residents whereby a resident may rescind a transaction with a proprietor or close associate that relates to real and personal property within five days after the day on which the transaction was entered into.

New section 108R provides remedies for a resident who is a party to a prohibited transaction or whose real or personal property has been dealt with by a proprietor or close associate during the cooling off period.

The Committee makes no further comment.

Melbourne University (Victorian College of the Arts) Bill

Introduced: 13 June 2006
Second Reading Speech: 14 June 2006
House: Legislative Assembly
Minister introducing Bill: Hon. Lynne Kosky MLA
Portfolio responsibiliy: Minister for Education and Training

Purpose

The Bill provides for the integration of the Victorian College of the Arts (the ‘College’) with the University of Melbourne and repeals the Victorian College of the Arts Act 1981 and makes necessary amendments to the Melbourne University Act 1958 to give effect to the integration of the College with the University of Melbourne (the ‘University’).

The Bill provides for the college and its council as previously constituted to be abolished.

The Bill provides for the university to become the college’s successor in law.

The Bill establishes the faculty of the Victorian College of the Arts with objects of the faculty similar to the current objects of the college. These objects include providing for education in the creative, performing and other arts and organising, conducting and participating in public performances, exhibitions, conferences, lectures and demonstrations relating to the arts.

The Bill transfers the assets, rights, liabilities and obligations of the college to the university.

Content and Committee comment

[Clauses]

[2]. Sections 1 and 2 come into operation on the day after Royal Assent and the remaining provisions come into operation on 1 January 2007.

[4]. On 1 January 2007 the College is abolished and the members of the Council, Board of Studies and Committees of the College go out of office.

[5]. On 1 January 2007 the University will become the successor in law of the College and the assets, rights, liabilities and obligations of the College will be transferred to the University.

[6]. The gifts, trusts and dispositions made in favour of the College are saved and have effect as if they were made in favour of the University for a corresponding purpose.

[7]. Transfers the staff of the College to the staff of the University on terms and conditions that are in aggregate no less favourable than those that they currently receive. Staff services will be regarded as continuous and any accrued entitlements will remain. The staff of the College who are members of superannuation schemes under the State Superannuation Act 1988 will maintain their right to membership.

[11]. Repeals the Victorian College of the Arts Act 1981.

[12]. Inserts new section 29A in the Melbourne University Act 1958 which establishes a faculty of the University called the ‘Faculty of the Victorian College of the Arts’.

The Committee makes no further comment.

Snowy Hydro Corporatisation (Parliamentary Approval) Bill

Introduced: 14 June 2006
Second Reading Speech: 15 June 2006
House: Legislative Assembly
Minister introducing Bill: Hon. John Thwaites MLA
Portfolio responsibiliy: Minister for Water

Purpose

Amends the Snowy Hydro Corporatisation Act 1997 (the ‘Act’).

The Committee notes these extracts from the Minister’s Second Reading Speech –

This Bill will ensure that any future proposal to sell Victoria’s shares in Snowy Hydro Ltd must be agreed to by both Houses of Parliament. It also requires that the relevant documents be tabled before each house so that the Parliament can consider them in deciding whether or not to approve the disposal of Victoria’s shareholding.

Under the Bill relevant documents include any agreement dealing with water flows, particularly environmental flows and the supply of water to irrigators, farmers and rural communities.

Content and Committee comment

[Clauses]

[2]. The Act will come into operation on the day after Royal Assent.

[3]. Amends section 6(1) of, and inserts a new section 6(2A) in the Act to provide that the State of Victoria cannot dispose of or transfer shares held by it in the Snowy Hydro Company without first obtaining the approval of each House of Parliament to the disposal or transfer. Accordingly, each House must pass a resolution agreeing to the disposal or transfer of the shares before the State can dispose or transfer its shares in Snowy Hydro Limited.

[4]. Inserts a new section 6A in the Act to provide that the member of Parliament who gives notice of a resolution required by section 6(2A) of the Act must, on the same day that notice is given, also table relevant documents before that House. Relevant documents are set out in the amendments made to the Act.

The Committee makes no further comment.

Victims’ Charter Bill

Introduced: 13 June 2006
Second Reading Speech: 14 June 2006
House: Legislative Assembly
Minister introducing Bill: Hon. Rob Hulls MLA
Portfolio responsibiliy: Attorney-General

Purpose

The objectives of the victims’ charter (the ‘Charter’) are to –

provide statutory recognition for victims of crime and the harm that is caused by criminal offending, irrespective of whether an offender has been identified, arrested, prosecuted or convicted;
establish principles which will govern responses to victims of crime by the criminal justice system; and
seek to improve the experiences of victims of crime and minimise the impact of secondary victimisation by the criminal justice system.

Note: The principles contained in the Bill are drawn from the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power adopted by the General Assembly of the United Nations in 1985.

Content and Committee comment

[Clauses]

[2]. The Act will come into force on 1 November 2006.

[6 to 17]. Contain the Charter principles contained in the Bill and require that victims –

are treated with courtesy, respect and dignity by all criminal justice, investigating, prosecuting and victims’ services agencies; and that a victims particular needs are taken into account (such as the age, disability or gender of the victim).
are provided with clear, timely and consistent information about the services, entitlements and legal services that may be available to them, and referral to those services where appropriate.
are informed at reasonable intervals about the progress of investigations, unless the disclosure may jeopardise the investigation, in which case the victims should be informed accordingly;
are informed, at the earliest practicable opportunity, of charges laid against the accused, the date, time and place of hearing of those charges, the outcomes of criminal proceedings against an accused and any subsequent appeal. If a criminal justice agency decides to substantially modify or not to proceed with charges, the victim should be informed of this and the reasons why the decision was made;
who are going to be witnesses in a criminal trial are informed about the court process and, where appropriate, the role of prosecution witnesses;
are protected from intimidation by and unnecessary contact with the accused, defence witnesses and the accused’s supporters at court;
privacy is respected; and
property is treated respectfully.

The Bill restates a number of existing legislative rights and entitlements. These existing provisions give victims rights to –

request to be informed of the outcome of any bail application and of special conditions intended to protect them or their families. The Bill provides that where relevant, the physical protection of the victim and their family should be taken into account when an application for bail is being considered;
have their views on the impact of crime presented and taken into account by the court on sentencing, by way of a victim impact statement and the victim should have access to information and assistance to help them prepare the statement;
be able to apply for compensation from offenders, in accordance with the provisions of the Sentencing Act 1991 and the right to be able to make an application for compensation and financial assistance, in accordance with the provisions of the Victims of Crime Assistance Act 1996; and
request information regarding the length of offenders’ sentences, their likely release dates and details of any escapes and have their views taken into account by the Adult Parole Board when a decision about possible parole is being considered, in accordance with the provisions of the Corrections Act 1986.

[22]. States that the provisions in the Bill do not create any legal rights or give rise to any civil cause of action, or affect the interpretation of any law in force in Victoria or affect the validity, or provide grounds for review, of any judicial or administrative act or omission.

However a contravention of the provisions in the Bill may be the subject of disciplinary proceedings against a relevant official.

The Committee makes no further comment.

World Swimming Championships (Amendment) Bill

Introduced: 13 June 2006
Second Reading Speech: 14 June 2006
House: Legislative Assembly
Minister introducing Bill: Hon. John Thwaites MLA
Minister responsible: Hon. John Pandazopoulos MLA
Portfolio responsibiliy: Minister for Tourism

Purpose

The Bill amends the World Swimming Championship Act 2004 (the ‘Act’) to provide for the management and regulation of venues and areas to be used for the 2007 World Swimming Championships (the ‘Championships’). The amendments largely mirror provisions inserted by various amending Acts into the Commonwealth Games Arrangements Act 2001.

Content and Committee comment

[Clauses]

[2]. The amendments to the Act come into force on the day after Royal Assent.

[4]. Inserts a number of definitions into section 3 of the Act including a definition for “prohibited item”. Paragraph (n) of that definition provides that prohibited item includes any item declared under section 88E (by the Secretary) to be a prohibited item. (also refer to clause 11 below).

The Committee reports to Parliament pursuant to a term of reference provided in section 17(a)(vi) and (vii) of the Parliamentary Committees Act 2003, – ‘inappropriately delegates legislative power’ and ‘insufficiently subjects the exercise of legislative power to parliamentary scrutiny’.

The Committee notes that the definition of ‘prohibited item’ includes any item that the Minister declares to be a prohibited item for the purpose of section 88E. The Committee notes that such a declaration will in effect have a limited application for offences during the declared event period which is not to exceed 30 days of the Championships (see section 36 of the Act).

The Committee notes that such a Ministerial declaration will be published in the Government Gazette but is not otherwise subject to Parliamentary scrutiny.

Having regard to the limited purpose and duration of the declaratory power the Committee only draws attention to the provision.

[6]. The clause amends section 37 to increase from 16 weeks to 24 weeks the maximum period that may be declared by the Minister to be the access period under the Act.

[7]. Inserts a new Part 4A into the Act (sections 41A to 41E) outlining the functions and powers of the Secretary. The Secretary may delegate in writing any powers under the Act or regulations (other than the power of delegation) to a public service executive employed under the Public Administration Act 2004, the Corporation or a body corporate established under an Act for a public purpose.

[8]. Inserts new sections 50A to 50D in the Act to modify the application of other laws (e.g. local laws) to the Championships. The amendments mirror laws made in respect to the Commonwealth Games.

[9]. Insert new sections 50E to 50V dealing with works and management at the championship venues and include provisions concerning temporary closure of roads and regulate access to restricted areas. The provisions also make provision for offences in restricted areas and the power to remove offenders from such areas. The provisions mirror laws governing the Commonwealth Games.

New section 50V outlines the powers of police and authorised officers to move vehicles or vessels obstructing Championships venues or designated access areas, and gives police additional powers to use reasonable force to enter a vehicle or vessel.

[11]. Inserts a new Part 6A into the Act (new sections 88A to 88ZJ) dealing with Championships events and crowd management. The addition of these sections duplicate provisions found in the Major Events (Crowd Management) Act 2003.

New section 88A makes it an offence during the event period to possess prohibited items in a Championships venue or designated access area without written authorisation from the Secretary and new section 88E enables the Secretary, by declaration, to prohibit items other than items listed as “prohibited items” in section 3 of the Act. Any such declarations must be published in the Government Gazette. The section also enables the Secretary to authorise persons to possess prohibited items in a Championships venue or a designated access area.

New section 88Y enables authorised officers or police to direct a person to leave a Championships venue or designated access area and not re-enter it for 24 hours if they reasonably believe the person is disrupting a Championships event or causing annoyance to spectators.

New sections 88Z to 88ZC deal with the surrender and confiscation of prohibited items.

New section 88ZG enables the Corporation to authorise a person or class of persons to carry out certain activities during the event period which would otherwise be an offence under the other provisions of the Act.

[13]. Inserts new sections 89A to 89N which deal with the appointment of authorised officers and their powers, functions and duties.

New section 89E enables the Secretary to delegate in writing any powers conferred on the Secretary under this Division, other than the power of delegation, to a public service executive employed under the Public Administration Act 2004 or to a body corporate established under an Act for a public purpose.

New section 89F outlines the circumstances in which authorised officers may require persons to give their names and addresses and what authorised officers must do before exercising these powers. New section 89G makes it an offence for a person to fail to give his or her name and address when required to do so by an authorised officer or to give a false name and address. A penalty of 5 penalty units applies to the offence.

New section 89H sets out the powers of authorised officers and police members to conduct bag inspections in Championships venues or designated access areas, and provides that a person may request an inspection to be conducted in a private area.

New section 89I sets out the circumstances in which authorised officers or police may direct persons to leave or not to enter a Championships venue or designated access area and what authorised officers or police must do before exercising these powers, including producing proof of their identity.

New section 89J makes it an offence to enter or attempt to enter a Championships venue or designated access area within 24 hours in contravention of a direction given under sections 88Z, 89H or 89I; fail to leave a venue or access area after being directed to do so enter or re-enter (or attempt to enter or re-enter) a venue or access area after having left under a direction.

New section 89K provides that police may use reasonable force to prevent a person entering, re-entering, or removing a person from a venue or designated access area.

New section 89L sets out the circumstances in which a police member may apply to the Magistrates’ Court for an order to prohibit a repeat offender entering a Championships venue or designated access area during the event period.

New section 89M enables police or authorised officers to serve infringement notices on persons in respect of certain offences against the Act.

No compensation payable

New section 89N provides that no compensation is payable in respect of any loss, damage or injury (other than the death of or injury to a person) arising out of any act or omission done in good faith by any person in the administration of the Principal Act or regulations that relates to the management and conduct of the Championships, any Championships event or an associated activity.

In respect to the ‘no compensation’ provision the Committee observes that it has previously reported on an identical provision in the Commonwealth Games Arrangements (Miscellaneous Amendments) Bill in April 2005. In that report the Committee sought clarification from the Minister regarding any adverse impact on businesses in the declared areas during the games period. The Committee’s comments were noted in Alert Digest No. 5 of 2005 and the Minister’s response was reproduced in Alert Digest No. 9 of 2005.

The Committee draws attention to this provision.

[14]. Amends the regulation making powers under section 90 of the Act to provide that regulations may be made in relation to certain additional matters, including the regulation of behaviour in Championships venues or designated access areas to ensure public safety.

[15]. Amends section 91 of the Act to provide that new section 89N (no compensation provision) expires on 31 December 2010.

The Committee makes no further comment.