Alert Digest No.
12 of 1995
24 October 1995
1.1
This Bill was introduced into the Legislative Assembly on 4 October 1995 by The Honourable Tom Reynolds MP with the Honourable Jeff Kennett MP.
1.2
The Bill amends the Racing Act 1958. Its purposes are:-
- to alter the provisions dealing with the making of greyhound registration rules and to provide for the regulation of the breeding of greyhounds;
- to alter the provisions concerning payment of remuneration, fees and allowances to members of statutory bodies established under the Act;
- to make further provision for appeals to the Racing Appeals Tribunal;
- to make other minor and consequential amendments to the Act;
By way of background the Committee notes the comments in the Second Reading Speech:-
"At present, the registration of greyhounds and the regulation of greyhound breeding sector is carried out by the National Coursing Association of Victoria.........During 1994, the Association became concerned about certain limitations on its powers especially in respect to controlling the activities of breeders and studmasters, the enforcement of DNA testing requirements and protocols for the use of frozen greyhound semen.
In a joint review of the matter, the Greyhound Racing Control Board and the Association came to the conclusion that it was desirable that all laws for the regulation of the greyhound racing industry be consolidated under one body of rules - the Board's Rules of Greyhound Racing. It was considered appropriate that as the recognised statutory controlling body of the sport, the rule making power should be vested in the Board. This agreement was reached on the understanding that the Association would continue to perform the registration function under the Board's rules.
In order to implement the necessary changes, the Bill proposes to empower the Board to make rules in respect to a range of matters relating to the registration of greyhounds and the regulation of greyhound breeding. The placement of such rule making authority with the Board is consistent with the arrangements in the other codes of racing."
1.3
Clause 4 inserts various definitions. Clause 5 adds to the functions of the Board. Clause 6 enables the Greyhound Racing Control Board ("the Board") to register syndicates. Clause 7 amends section 77A to enable members of the Board to enter and inspect premises/kennels used for breeding greyhounds. A person may not enter a residence unless the occupier has consented in writing. Clause 8 amends section 78 to recognise the National Coursing Association of Victoria Inc's role of registering greyhounds in accordance with the Board's Rules. It enables the Association to impose and amend conditions of registration consistent with the Act and the Board's rules.
1.4
Clause 9 amends section 82 to enable the Board to make rules with respect to the matters set out. Clause 10 repeals section 83(1)(a) which previously allowed the Governor in Council to make regulations with respect to the registration of greyhounds by the National Coursing Association of Victoria Inc and the fees to be paid for registration. Clause 11 enables the Governor in Council to determine remuneration, travelling and other allowances payable to members of the Harness Racing Board, Harness Racing Board of Assessors, Greyhound Racing Control Board, Racing Appeals Tribunal and Bookmakers & Bookmakers' Clerks Registration Committee. The Committee is of the view that any order made by the Governor in Council should be published in the Government Gazette. The Committee is also of the view that it is preferable to prescribe a ceiling within the legislation, so that within that ceiling, adjustments can be made. The Committee is also concerned that there should not be a discretion for differential rates to be paid to particular members except for the Chair. The Committee is concerned that the words "in respect of that member" may be interpreted to that effect. The Committee is of the view that an amendment should be made to clarify the issue. The Committee wrote to the Minister on 10 October 1995. The Minister responded by way of letter dated 16 October 1995. The relevant extract is set out:-
"Thank you for your letter of 10 October 1995 advising of some concerns the Scrutiny of Acts and Regulations Committee has in respect to clause 11 of the above Bill.
Clause 11's provision for the Governor in Council to determine remuneration for members of certain statutory bodies constituted under the Racing Act 1958, has been proposed to introduce uniformity into the Act and to achieve greater administrative efficiency. The Act currently provides that Governor in Council determines the remuneration of the Chairman and members of the Harness Racing Board, members of the Harness Racing Board Panel of Assessors and the Executive Director of the Greyhound Racing Control Board. The remuneration of the former Totalizator Agency Board was also determined by this method.
This method of remuneration fixing has also been used in the recently passed Melbourne Sports and Aquatic Centre Act 1994 and the Melbourne and Olympic Parks (Amendment) Act 1995.
Remuneration levels for members appointed under the Racing Act 1958 has and will continue to be determined in full accordance with the Cabinet approved guidelines for the remuneration of members of statutory bodies. These guidelines set specific limits on the levels of remuneration payable. All payments are subject to audit.
Remuneration levels for members appointed under the Racing Act 1958 has and will continue to be determined in full accordance with the Cabinet approved guidelines for the remuneration of members of statutory bodies. These guidelines set specific limits on the levels of remuneration payable. All payments are subject to audit.
Clause 11's provision for the Governor in Council to determine travelling and other allowances for the members of statutory bodies constituted under the Racing Act 1958 has been proposed to enable allowances to be paid in accordance with the current Public Service Commissioner guidelines. Chief Parliamentary Counsel has advised that the current wording of the Act does not allow these guidelines to be incorporated into the regulations.
Allowance payments made under the guidelines will be subject to audit.
It should be noted that this method of allowance fixing was also used in the Melbourne Sports and Aquatic Centre Act 1994 and the Melbourne and Olympic Parks (Amendment) Act 1995.
Publishing in the Government Gazette of Governor in Council orders in respect to remuneration or allowances is not a requirement of the above mentioned legislation or Government guidelines.
Finally, I have reviewed the Committee's concern regarding clause 11's use of the phrase " in respect of that member".
The wording provides flexibility to determine different remuneration or allowance levels for individual members if the role or circumstances of a particular member justifies such a difference. Although there is no current proposal to introduce differential rates for any members, I consider it is reasonable for the legislation to contain this flexibility. As stated previously, any determinations made by the Governor in Council will be in full accordance with the relevant Government guidelines.
Once again, this phrase was used in the Melbourne Sports and Aquatic Centre Act 1994 and the Melbourne and Olympic Parks (Amendment) Act 1995.
Should you wish to discuss these matters further, please do not hesitate to call me."
The Committee believes that it needs to further investigate some matters. The Committee has sought copies of the "Cabinet Approved guidelines" and "Public Service Commissioner guidelines" referred to in the above letter. In respect of the remuneration of members, the Committee's preference is for transparency. Accordingly the Committee is of the view that there should be publication of such, either in the Government Gazette or the appropriate annual report. The Committee still has some concern in respect of the differential rates of pay of members. The Committee has written to the Minister seeking advice as to what circumstances in which it is envisaged the differential rates of pay for members may be used.
Clause 12 amends section 83K to impose a time limit of 14 days on the lodging of appeals with the Racing Appeals Tribunal. It also grants the Tribunal the discretion to grant leave for appeals after the 14 day period has expired, if it is satisfied that the appellant has an adequate explanation for the failure to lodge an appeal within time. Clause 13 introduces a new section 83MB providing contempt offences to protect the processes of the Racing Appeals Tribunal. Clause 14 makes miscellaneous amendments. Clause 15 is a transitional provision.
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