Scrutiny of Acts and Regulations Committee

Alert Digest No 6 of 2007

Tuesday, 22 May 2007

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Appropriation (2007/2008) Bill 2007

Introduced: 1 May 2007
Second Reading Speech: 1 May 2007
House: Legislative Assembly
Minister introducing Bill: Hon. John Brumby MLA
Portfolio responsibility: Treasurer

Purpose

This Bill provides appropriation authority for payments from the Consolidated Fund for the ordinary annual services of the Government for the 2007/2008 financial year. The amounts contained in Schedule 1 to the Bill provide for the ongoing operations of departments, new output initiatives and new asset investment in so far as these are funded by way of annual appropriation.

Content and Committee comment

[Clauses]

[2]. The Act comes into operation on the day it receives Royal Assent.

[3]. Provides that the Treasurer may issue the stated amount out of the Consolidated Fund in respect of the financial year 2007/2008 for the purposes set out in Schedule 1 to the Bill. Subclauses (2) and (3) provide authority for additional appropriation if necessary for increases in salaries and related costs that may be the result of determinations or legislation during the year.

[4]. Provides that the Consolidated Fund is appropriated to the extent necessary for the purposes included in clause 3.

The Committee makes no further comment

Appropriation (Parliament 2007/2008) Bill 2007

Introduced: 1 May 2007
Second Reading Speech: 1 May2007
House: Legislative Assembly
Minister introducing Bill: Hon. Steve Bracks MLA
Portfolio responsibility: Premier

Purpose

This Bill provides appropriation authority for payments from the Consolidated Fund to the Parliament in respect of the 2007/2008 financial year. The amounts contained in Schedule 1 to the Bill provide for the ongoing operations of the Parliament, new output initiatives and new asset investment in so far as these are funded by way of annual appropriation.

Content and Committee comment

[Clauses]

[2]. The Act comes into operation on the day it receives Royal Assent.

[4]. Provides that the Consolidated Fund is appropriated to the extent necessary for the purposes included in section 3.

The Committee makes no further comment

Crimes Amendment (DNA Database) Bill 2007

Introduced: 1 May 2007
Second Reading Speech: 2 May 2007
House: Legislative Assembly
Minister introducing Bill: Hon. Rob Hulls MLA
Portfolio responsibility: Attorney-General

Purpose

The Bill amends the Crimes Act 1958 (the ‘Act’) to enable national automatic matching of data on a national DNA database through the National Criminal Investigation DNA Database (NCIDD).

Note: The changes to the Act contained in the Bill have arisen out of national processes through both the Standing Committee of Attorneys-General and the Australasian Police Ministers’ Council.

The Bill –

provides for the legal recognition of NCIDD as a separate legal entity and distinguishes it from the Victorian (and other States) DNA databases;
changes the matching table which governs which types of sample may be compared to other samples, to remove anomalies and broaden the range of permissible matches;
broadens the Attorney-General’s powers to enter into agreements with other jurisdictions in relation to the sharing of DNA information, ensuring such agreements are broad enough to allow NCIDD to operate to its full capacity and to match samples automatically;
updates the oversight and enforcement powers.

The Committee notes this extract from the Second Reading Speech –

Currently Victoria is able to engage in DNA matching with other jurisdictions on a bilateral basis. For example, Victoria can approach another jurisdiction requesting that a check be made to determine if there is a match between, say, a Victorian crime scene sample and another jurisdiction’s offender samples. If such a match is made, Victoria can then ask for identifying information to be provided, if available, in relation to the other jurisdiction’s sample.

What NCIDD offers is a streamlined and automated system that allows checks to be made across all participating jurisdictions simultaneously. The NCIDD system offers significant efficiencies that will assist in the early identification not only of suspects in criminal matters, but also missing persons and disaster victims.

While NCIDD contains DNA information, it does not contain any other identifying information, such as a person’s name. Once a match has been made through NCIDD, it is incumbent on the jurisdictions involved to provide identifying information in relation to that match to each other in accordance with each jurisdiction’s legislative framework.

Charter of Human Rights and Responsibilities

The Committee notes this extract from the Statement of Compatibility –

While the Bill will facilitate a greater degree of matching between jurisdictions, it does not alter arrangements for what occurs once a match has taken place. Jurisdictions will still be required to exchange any identifying information in accordance with the existing legislative regime.

All of the existing safeguards in relation to the taking, storage, use and disposal of DNA samples remain unaffected by this Bill.

The offence provisions in the Legislation have been broadened by this Bill so that they can apply to any misuse of information obtained from Victorian samples in other jurisdictions, as well as in Victoria.

Any “interference” with privacy under this Bill is therefore permitted by the law.

Content and Committee comment

[Clauses]

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

[9]. Amends section 464ZGJ to constrain the offences under the section to the recording, retention or failure to remove Victorian DNA information from a DNA database.

[10]. Amends section 464ZGK to make clear that the disclosure offence and the permitted purposes for disclosure only relate to Victorian DNA-related information.

[11]. Substitutes a new section 464ZGN to set out the arrangements that the Victorian Minister may enter into in relation to the exchange of information from DNA databases.

[13]. Provides for the automatic repeal of this amending Act 12 months after the commencement date.

The Committee makes no further comment

Health Professions Registration Amendment Bill 2007

Introduced: 1 May 2007
Second Reading Speech: 2 May 2007
House: Legislative Assembly
Minister introducing Bill: Hon. Bronwyn Pike MLA
Portfolio responsibility: Minister for Health

Purpose

This Bill amends the Health Professions Registration Act 2005 (the ‘Act’).

Content and Committee comment

[Clauses]

[2]. Other than clause 33 the provisions in the Bill come into operation on the day after Royal Assent. Clause 33 is to commence operation on 1 July 2007.

[14]. Amends section 30 requiring boards to keep a register of all health practitioners to whom the responsible board has granted registration. The amendment replaces sections 30(2)(d) and (h) and thereby makes it discretionary, rather than it being mandatory, that a responsible board include in the register details regarding the health practitioner’s principal academic qualifications, training completed and the address from which the health practitioner provides regulated health services.

The Committee notes this extract from the Statement of Compatibility –

Proposed clause 14 of the Bill engages the right to privacy by amending a public register. However, the proposed amendment does not limit the right to privacy, as it serves to reduce the amount of personal information that a responsible board must publish on a register.

The Committee notes that the Statement of Compatibility erroneously refers to clause 12 of the Bill in several places. The correct reference in each instance is to clause 14.

[16]. Amends section 40(1) of the Act to require a board to form a view that a practitioner’s ability to practice is actually affected or, professional performance is actually unsatisfactory, before it can immediately suspend the practitioner.

Note: Explanatory memorandum – It is not always possible for the board to be sure that the criteria for suspension have been met until their investigation is complete. Accordingly, the amendment allows a board to suspend a practitioner’s registration where it has a belief on reasonable grounds that the practitioner’s ability to practice may be affected or their professional performance may be unsatisfactory or they may have engaged in unprofessional behaviour.

[17]. Amends section 49(a) to enable an investigator to give written notice to a person requiring them to do certain things during the course of an investigation. As currently drafted, section 49(a) allows an investigator to require a person to provide information or require them to attend before an investigator to answer questions. The amendment will enable an investigator to require either or both of these things rather than they being alternatives.

[35]. Provides for the automatic repeal of this amending Act one year after all of its provisions have commenced operation.

The Committee makes no further comment

State Taxation and Gambling Legislation Amendment (Budget Measures) Bill 2007

Introduced: 1 May 2007
Second Reading Speech: 2 May 2007
House: Legislative Assembly
Minister introducing Bill: Hon. John BrumbyMLA
Portfolio responsibility: Treasurer

Purpose

The Bill gives effect to a number of initiatives in the State Budget for 2007/2008.

The Bill makes amendments to the –

Congestion Levy Act 2005 to provide a temporary levy reduction for a discrete part of the existing levy area.
Duties Act 2000 to reduce the rate of duty on certain new and “near new” passenger cars.
Land Tax Act 2005 to include further reductions in the rates of land tax, an increase in the threshold and reform of the special land tax provisions.
Gambling Regulation Act 2003 to change the way the maximum amount of commission on wagering event totalisators is determined and amends that Act.
Casino Control Act 1991 to increase the health benefit levy.

Content and Committee comment

[Clauses]

[2]. Provides that the provisions in the Bill come into operation on the following days—

Congestion Levy Act 2005 – come into operation on the day after Royal Assent;
Duties Act 2000 – on 1 May 2007 (the date they were publicly announced in the 2007–08 Budget;
The changes that affect special land tax are deemed to come into operation from 1 May 2007, the date they were publicly announced in the 2007–08 Budget;
The remaining measures which amend the Land Tax Act 2005 come into operation on the day after Royal Assent;
The amendments to the Gambling Regulation Act 2003 and the Casino Control Act 1991 come into operation on 1 July 2007.

[15]. Provides for the automatic repeal of this amending Act on the first anniversary of the day on which all its provisions are in operation.

The Committee makes no further comment

Water Acts Amendment (Enforcement and Other Matters) Bill 2007

Introduced: 1 May 2007
Second Reading Speech: 2 May 2007
House: Legislative Assembly
Minister introducing Bill: Hon. John Thwaites MLA
Portfolio responsibility: Minister for Water, Environment and Climate Change

Purpose

The Bill amends the –

Water Industry Act 1994 to make further provision for enforcement in relation to drought response plans, emergency management plans, and permanent water saving plans;
Water Act 1989 to make further provision for enforcement in relation to permanent water saving plans and water restrictions set out in by laws, to make further provision for licences to take water;
Infringements Act 2006 to extend the operation of that Act to infringement notices served under by-laws.

Content and Committee comment

[Clauses]

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

Water Industry Act 1994

[6]. Amends sections 78H by removing the requirement for a person to be issued with a warning notice before being liable for committing an offence for contravening a drought response plan or an emergency management plan. An authorised water officer will thus have discretion whether to give a warning notice or take enforcement action.

[7]. Amends section 78HA to provide that an infringement notice may be served by an authorised water officer appointed by a licensee where the officer reasonably believes that a person has committed an offence against section 78H by contravening a restriction or prohibition on the use of water contained in a drought response plan or an emergency management plan.

[10]. Inserts new section 78OA to provide that an authorised water officer appointed by a licensee may serve an infringement notice on any person he or she reasonably believes has committed an offence against section 78O by contravening a restriction or prohibition on the use of water contained in a permanent water saving plan.

[12]. Inserts new Part 6A (new sections 185A to 185D) entitled ‘Appointment of and Powers of Authorised Water Officers’. New section 185A provides for the appointment of a person as an authorised water officer by a licensee.

New section 185D(1) requires a person to state his or her name and address to an authorised water officer if that officer has reasonable grounds for believing that the person has contravened, or is contravening, a restriction or prohibition on the use of water contained in a drought response plan, an emergency management plan or a permanent water saving plan.

Water Act 1989

[16]. Amends section 170F(1) to remove the requirement for a person to be issued with a warning notice before being liable for committing an offence for contravening a permanent water saving plan. An authorised water officer has discretion as to whether to give a warning notice or take enforcement action.

[19]. Inserts new Divisions 2 and 3 into Part 14 entitled ‘Division 2—Enforcement of water restrictions’ (new sections 291A to 291C) and ‘Division 3—Powers of authorised water officers’ (new section 291D). New section 291A provides for the appointment of a person as an authorised water officer by an Authority with a water district. New section 291D(1) requires a person to state his or her name and address to an authorised water officer if that officer has reasonable grounds for believing that the person has contravened, or is contravening, an offence set out in section 170F in relation to a permanent water saving plan or an offence set out in a relevant by law.

[21]. Substitutes section 295A(1) to provide that an infringement notice may be served by an authorised water officer appointed by an Authority where the officer reasonably believes that a person has committed an offence against section 170F by contravening a restriction or prohibition on the use of water contained in a permanent water saving plan.

[26]. Provides for the automatic repeal of this amending Act on the anniversary of its Royal Assent.

Charter of Human Rights and Responsibilities

The Statement of Compatibility notes that provisions in the Bill may engage the following Charter rights.

Privacy (Charter section 13(a)) – clauses 12 and 19 which require persons who are believed on reasonable grounds to have contravened water usage laws to disclose to authorised persons their name and address. The Committee notes that the laws will only allow an authorised person to ask for a persons name and address only after the authorised officer has identified themselves and only after having formed a view, based on reasonable grounds, that the person has contravened or is contravening a relevant water usage law.
Rights in criminal proceedings (Charter section 25(2)(a)) – clauses 7, 10 and 22 of the Bill augment existing provisions allowing infringement notices to be issued. The Committee notes that the issue of infringement notices will be in accordance with the forms and procedures of the Infringements Act 2006 which includes the requirement that a person be informed in sufficient detail for them to understand the alleged offence and that the person is informed that they may, as an option, have the alleged offence heard before a court.

The Committee makes no further comment