ALERT DIGEST 13 of 1995
Part 4
LEGAL PROFESSION PRACTICE (AMENDMENT) BILL
10.1
This Bill was introduced into the Legislative Assembly on 25 October 1995 by the Honourable Jan Wade MP with the Honourable Phil Gude MP.
10.2
The purposes of the Bill are:-
- to require solicitors to pay a contribution to the Solicitors' Guarantee Fund;
- to exclude certain claims against the fund;
- to reduce the incidence of claims against the fund by imposing certain obligations on solicitors in relation to direct mortgages.
10.3
Clause 5 inserts a new section 40AA which makes it an offence for a solicitor to receive any payment or repayment of principal under a direct mortgage in any other form other than a cheque or bank draft payable to the order of the mortgagor or the lender. Clause 6 inserts various definitions. Clause 8 inserts a new sections 61A to D which set out the contributions payable by solicitors for 1996. The employer of a person is required to pay the contribution on behalf of the person. Clause 9 amends section 64 to exclude from the ambit of the Solicitors' Guarantee Fund certain types of defalcations. The Committee notes the comments in the Second Reading Speech:-
"The second measure in the Bill to restore the fund to financial health is to exclude claims arising from the non-core mortgage and investment activities of solicitors. Approximately 80% of claims on the fund (both by value and by number) presently arise from solicitors' investment and contributory mortgage practices. These are practices quite distinct from solicitors' mortgage investment companies, which are not affected by the Bill.
In these practices, solicitors act like finance brokers or financial institutions in accepting deposits from clients with funds to lend and then lending money to borrowers on the security of mortgages over real property. The Government considers that these activities, many of which involve a high financial risk, are not part of the core business of solicitors and should not be covered by the fund.
However, the Bill provides for the fund to continue to cover defalcations arising from direct mortgages where the only involvement of the solicitor is to draw up the mortgage documentation. The fund will also continue to cover defalcations arising from investment that is merely incidental to practice as a solicitor, investment involved in the winding up or administration of deceased estates or investment involved in the administration of funds of mentally ill persons who are represented or protected persons under the Guardianship and Administration Board Act."
The Committee makes no further comment.
SUPERANNUATION ACTS (MISCELLANEOUS AMENDMENTS) BILL
11.1
This Bill was introduced into the Parliament on 25 October 1995 by the Honourable Alan Stockdale MP with the Honourable Phil Gude MP.
11.2
The purpose of the Bill is to make miscellaneous amendments to certain specified Superannuation Acts.
11.3 ¯ Part 2 - Emergency Services Superannuation Act 1986
Part 3 - Hospitals Superannuation Act 1988
Clause 3 expands the definition of employer. Clause 5 inserts a new delegation provision in relation to the powers of the Board under the Emergency Services Superannuation Act 1986. The Committee is of the view that the provision may contravene section 4D(a)(ii) of the Parliamentary Committees Act 1968. The Committee is of the view that the provision should either specify the powers to be delegated or the class of persons who are the recipients of the delegated power. The Committee has written to the Minister.
Clause 7 inserts the same delegation provision into the Hospitals Superannuation Act 1988. The Committee is of the view that the provision may contravene section 4D(a)(ii) of the Parliamentary Committees Act 1968. The Committee is of the view that the provision should either specify the powers to be delegated or the class of persons who are the recipients of the delegated power. The Committee has written to the Minister.
Clause 8 relates to beneficiary accounts within HOSFUND. The amendment sets out the procedures to be followed by a person who becomes entitled to a lump sum payment or is the holder of an existing beneficiary account, about the elections which must be made to transfer a new beneficiaries account established under Part 6A or elsewhere. Clause 9 inserts rules about payments from a beneficiaries account.
11.4 - Part 4 - Local Authorities Superannuation Act 1988
Part 5 - Public Sector Superannuation (Administration) Act 1993
Part 6 - State Employees Retirement Benefits Act 1979
Clause 12 inserts the same delegation provision. The Committee is of the view that the provision may contravene section 4D(a)(ii) of the Parliamentary Committees Act 1968. The Committee is of the view that the provision should either specify the powers to be delegated or the class of persons who are the recipients of the delegated power. The Committee has written to the Minister.
Clause 16 requires the Board to transfer the entitlement of a member to any other complying superannuation scheme or arrangement. Clause 17 governs the transfer of benefits to another scheme. Clause 20 allows a person who is under 60 years and receiving a disability pension, whom the Board now considers is no longer disabled to apply to retire on the grounds of ill health. The Committee notes the comments in the Second Reading Speech:-
"This Bill will make a major change to the management of people classified as no longer disabled by the Victorian Superannuation Board. Members of the State Superannuation Fund have a right to be appointed to the first vacancy by the employer, but this did not always occur. This created the unsatisfactory situation that a person who was no longer disabled, continues to be paid a disability pension by the Victorian Superannuation Board. The Government is putting in place a program to ensure that these former disability pensioners are re-employed and given training as part of that program. At the same time, these former disability pensioners will have the option of applying to and receiving from the Board a lump sum ill-health benefit. This option for a lump sum ill-health benefit will also be available to the members of the State Employees Retirement Benefits Fund that have retired on the grounds of disability but the Board has reclassified them as being no longer disabled."
1 1.5 ¯ Part 7 - State Superannuation Act 1988
Part 8 - Superannuation Acts (Further Amendment) Act 1994
Part 9 - Superannuation Acts(General Amendment) Act 1995
Part 10 - Superannuation (Public Sector) Act 1992
Part 11 - Transport Superannuation Act 1988
Clause 24 inserts an option for the Board to cancel a disability pension. Clause 25 inserts a new provision concerning the eligibility for and the payment of an ill health lump sum benefit. It applies to a person who is under the minimum age for retirement and is receiving a disability pension. Clause 30 amends section 33 of the Superannuation Acts (General Amendment) Act 1995 and enables the Victorian Superannuation Board to pay to the Registrar of Unclaimed Moneys any account balance where the member of the SCESF is either lost or does not make an election within the specified period. It also inserts an additional provision to allow a member's balance of $500 or less to be paid to an eligible roll over fund. Clause 31 removes an ambiguity in relation to salary used for superannuation purposes for a person who is or becomes an executive officer. Clause 32 inserts a provision that requires the Board to pay interest on lump sum benefits not paid within 14 days from the date the payment of that benefit became due.
PROFESSIONAL BOXING AND MARTIAL ARTS BILL
12.1
This Bill was introduced into the Legislative Assembly on 31 October 1995 by the Honourable Tom Reynolds MP with the Honourable Phil Gude MP.
12.2
The purposes of the Bill are:-
- to remove the requirement that agents, managers, ring-announcers, judges, seconds and time-keepers involved in professional boxing and martial arts contests hold licences and that medical practitioners involved in those contests be accredited; and
- to repeal the Martial Arts Control Act 1986 and to transfer certain provisions in that Act regulating the martial arts to the Professional Boxing Control Act 1985; and
- to rename the Professional Boxing Control Act 1985 as the Professional Boxing and Martial Arts Act 1985; and
- to restructure and rename the Professional Boxing Control Board; and
- to enable the Minister to make rules for the proper conduct of professional boxing and martial arts contests.
12.3
Clause 6 makes changes to the licensing requirements of the Act. Under the old section 6, the Minister's decision was not subject to appeal or review or subject to the Administrative Law Act 1978. Clause 6 removes the barriers to appeal. Clause 7 also removes barriers to appeal in respect of the issue of permits to conduct promotion. Clause 8 substitutes a new section 8 which requires promoters, trainers, match-makers and referees to be licensed. It also specifies the circumstances under which promoters, trainers, match-makers and referees may gain exemption from the requirement to be licensed. Clause 10 inserts a new section 9A which requires licence holders to comply with conditions that apply to the licence or permit. Clause 11 substitutes new sections 10, 10A, 10B and 10C which relate to registration.
12.4
Clause 13 substitutes a new section 12 which relates to compulsory medical examinations. Clause 14 makes minor changes in respect of the duties of promoters. Pursuant to clause 15 the Board is to have at least 5 members appointed by the Minister. Fees, allowances and expenses are fixed by the Governor in Council. Clause 16 substitutes " a member of the Board or an officer of the Department of Arts, Sport and Tourism" for the "Director-General of Sport and Recreation" in the delegation provision. Clause 17 makes minor amendments. Clause 19 substitutes a new sub-section (j) into the regulation making provision. Clause 20 substitutes a new Part VII which allows the Minister to make rules. Clauses 22 to 24 are savings and transitional provisions.
The Committee makes no further comment.
13.1
This Bill was introduced into the Legislative Assembly on 31 October 1995 by the Honourable Don Hayward MP with the Honourable Phil Gude MP.
13.2
The purpose of the Bill is to provide for the transfer of certain trust property to Marcus Oldham College to cancel the trust created by the will of Marcus William Oldham. As noted in the Second Reading Speech, its purpose is also:-
"to facilitate the transition of Marcus Oldham College from its current status under the administrators of a trust, to that of a company limited by guarantee. This transition has been requested by the college with the support of the trustees and is consistent with the legal arrangements under which a number of colleges and other tertiary education providers operate throughout Australia."
13.3
Clause 3 sets out various definitions. Clause 4 provides for the transfer of assets and liabilities of the trustees or Council of the existing unincorporated Marcus Oldham College and for Marcus Oldham College to be their successor in law. Clause 5 vests the relevant land in Marcus Oldham College and clause 6 cancels the trust and abolishes the Council. Clause 7 provides for the transfer of gifts, trusts etc to Marcus Oldham College. Clauses 8 and 9 provide for the transfer of the staff and the students. Clause 10 provides for the amendment of the register to reflect the transfer of property. Under clause 11, no stamp duty is payable. Clause 12 provides for the Act to take effect.
The Committee makes no further comment.
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