Scrutiny of Acts and Regulations Committee

Alert Digest No 8 of 2007

Tuesday, 19 June 2007

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Gambling Regulation Amendment Bill 2007

Introduced: 6 June 2007
Second Reading Speech: 7 June 2007
House: Legislative Assembly
Minister responsible: Hon. Daniel Andrews MLA
Portfolio responsibility: Minister for Gaming

Purpose

The Bill amends the Gambling Regulation Act 2003 (the ‘Act’) to—

  • establish a system for the further regulation of gaming machines by providing for Ministerial orders to be made to limit the number of gaming machines in municipal districts, to amend the way in which regional limits are set and to make consequential amendments;

  • improve customer protection by ensuring that if a person has $1000 or more of accumulated credits on a gaming machine, those credits must be paid out entirely by cheque;

  • amend the requirements for venue operators to lodge community benefit statements;

  • extend the timeframe by a further 4 years regarding payments into the Community support Fund.

Content and Committee comment

[Clauses]

[2]. Provides that the Bill (other than clause 11) comes into operation on the day after Royal Assent. Clause 11 comes into operation on a day to be proclaimed but not later than by 1 December 2007.

[6]. Substitutes a new section 3.2.4 in the Act and inserts a new section 3.2.4A. These sections provide for regional and municipal limits on gaming machines.

Charter of Human Rights and Responsibilities Act 2006

Charter rights – property rights (section 20) – licence may be revoked – whether gaming licence is property for purposes of the Charter – no compensation payable by State for direction reducing gaming machines.

The Committee notes these provisions in the Gambling Regulation Act 2003 –

3.2.4 Regional limits on gaming machines

(1) The Minister may from time to time, by order published in the Government Gazette —

(a) determine regions in the State for the purposes of this Chapter; and

(b) in respect of each region, specify the criteria which the Commission must use to determine the maximum permissible number of gaming machines available for gaming in the region.

3.2.5 No compensation payable

No compensation is payable by the State in respect of any direction given or anything done under or arising out of—

any direction given by the Commission under section 3.2.4.

The Committee notes this extract from the Statement of Compatibility –

The effect of an order made under clause 6 may be that the licensed operator of a gaming venue is deprived of the right to use one or more gaming machines that the operator was previously licensed to use.

As the right to use one or more gaming machines is established by licence issued by the Victorian Commission for Gambling Regulation, and is already subject to a number of conditions, it is probable that this licence does not give rise to a form of property that would engage section 20 of the Charter.

However, if clause 6 does engage section 20, clause 6 does not limit that right as it does not unlawfully or arbitrarily deprive a person of property.

This is because:

• the limitation would result from a Ministerial direction made in accordance with the requirements of the Gambling Regulation Act 2003,

• a determination about the removal of gaming machines would be made by the Victorian Commission for Gambling Regulation in accordance with the requirements of the Gambling Regulation Act 2003, including the application of the ministerial order and any criteria specified in the order,

• orders and determinations made in accordance with this clause are required to be published in the Government Gazette.

The process established by clause 6 for the setting of regional and municipal limits is sufficiently confined, precisely articulated and formulated and accessible to the public, so as to ensure that it is not arbitrary.

The Committee considers the provisions are compatible with any property rights within the meaning of section 30 of the Charter.

[15]. Provides for the automatic repeal of this amending Bill on 1 December 2008.

The Committee makes no further comment

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Magistrates’ Court and Coroners Acts Amendment Bill 2007

Introduced: 6 June 2007
Second Reading Speech: 7 June 2007
House: Legislative Assembly
Minister introducing Bill: Hon. Rob Hulls MLA
Portfolio responsibility: Attorney-General

Purpose

The Bill amends the Magistrates’ Court Act 1989 to —

  • clarify the application of the Magistrates’ Court Act 1989 to acting magistrates;

  • clarify the capacity of the Chief Magistrate to assign duties to judicial registrars and to require them to carry out duties as assigned;

  • streamline the adjournment of criminal proceedings into the Drug Court Division of the Magistrates’ Court;

  • extend the power of registrars of the Magistrates’ Court to adjourn criminal proceedings that are in the mention system; and

  • expand the range of Commonwealth and State officials who may witness statements to be tendered at committal proceedings;

The Bill also amends the Magistrates’ Court (Family Violence) Act 2004 to provide for the continuation of counselling order provisions to 30 October 2009;

The Bill further amends the Coroners Act 1985 in relation to access to coroner’s records and files.

Content and Committee comment

[Clauses]

[2]. The provisions in the Bill commence on the day after Royal Assent.

[9]. Provides for general access to coroners’ records and files by inserting new section 51 in the Coroners Act 1985.

New section 51(1) provides that before the completion of an investigation or inquest into a death or an investigation or inquest into a fire, a coroner may direct that the coroner’s file, or any part of that file, is to be made available to any person or class of person as the coroner directs.

New section 51(2) provides that after the completion of an investigation or inquest into a death or an investigation or inquest into a fire the coroner’s record and the coroner’s file relating to that investigation or inquest is to be open to public access unless the coroner otherwise orders.

Note: These provisions are subject to section 30E which excludes information about a child or other person from the public record in certain circumstances and section 58(1) which provides for a restriction on the publication of a report of an inquest, any part of the proceedings or any evidence given at an inquest where the coroner reasonably believes the publication would be likely to prejudice the fair trial of a person or be contrary to the public interest.

The amendments to the Act are intended to provide by the Act, legislative support for an access to coroner’s records scheme pending any changes that may result from a policy and legislation review of the Coroners Act 1985. A review and extensive amendment to the Coroners Act 1985 is expected, following the release of the Victorian Parliamentary Law Reform Committee’s Report.

Charter of Human Rights and Responsibilities Act 2006

The Committee notes the human rights compatibility statement and notes the competing human rights protected by the Charter of ‘privacy’ (section 13) and ‘freedom of expression’ – ‘access to information’ (section 15).

The Committee notes this extract from the Statement of Compatibility –

The limitation provides that the coroner is to decide if and when to release documents or files following an inquest. These clauses of the bill will, prima facie, intrude upon a person's privacy and reputation. The coroner is an independent quasi-judicial officer who will consider whether to disclose information on a case-by-case basis, taking into consideration the principles of open justice.

…

The limitation is designed to ensure that the quasi-judicial operation of the State Coroner's Office remains as that of balancing the right to privacy against the right to freedom of expression, whereby the charter provides that every person has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds. The limitation is designed to ensure that information obtained by the coroner, which may have implications for the community, can be released to the community.

The Committee accepts that the limitation to the right to privacy arising from the provisions in the Bill are reasonably proportionate and confined to achieve a legitimate purpose and is therefore compatible with Charter rights.

[10]. Provides for the automatic repeal of this amending Bill on the first anniversary of its commencement.

The Committee makes no further comment

Committee Room
18 June 2007

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Scrutiny of Acts and Regulations Committee
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