Alert Digest No. 1
of 1996
28 May 1996
STATUTE LAW REVISION (MARINE) BILL
1.1
This Bill was introduced into the Legislative Council on 14 May 1996 by the Honourable Mark Birrell MLC.
1.2
The purpose of the Bill is to make minor technical amendments of a statute law revision nature to the Ports Acts (Amendment) Act 1995, the Port Services Act 1995 and the Marine Act 1988.
1.3
Clause 4 repeals various sub-sections of the Port Services Act 1995. Clause 5 makes minor amendments to the Marine Act 1988.
The Committee makes no further comment.
2.1
This Bill was introduced into the Legislative Council on 14 May 1996 by the Honourable Robert Knowles MLC.
2.2
The Bill makes various amendments to the Mental Health Act 1986, the Pathology Services Accreditation Act 1984 and the Psychologists Registration Act 1987.
2.3 Mental Health Act 1986, Pathology Services Accreditation Act 1984,
Clause 3 amends section 12C(4) to allow for the discharge of a person as an involuntary patient where there has been continued detention. Clause 4 gives the Board the power after hearing an appeal to discharge a person as an involuntary patient. Clause 5 removes restrictions on ownership of pathology services. The Committee notes the comments in the Second Reading Speech:-
"Existing provisions were intended generally to restrict natural persons, bodies corporate and certain partnerships from owning or having a pecuniary interest in a pathology service except in certain circumstances. The provisions in respect of bodies corporate do not take effect until 2 March 1998 or such later day as the board determines.
The intent of the restrictions was to ensure standards of service were met and maintained. However, the experience of the accreditation board has been that the current arrangements demonstrate no difference in the level of compliance with standards between services owned by corporate bodies or those owned by persons from the related disciplines which include medical practitioners, pathologists and scientists. The amendments will remove qualification of ownership provisions both operative and inoperative.......A thorough review of the Act in 1996 will consider issues related to the standard of services in the broader context of the legislation."
2.4 Psychologists Registration Act 1987
Clauses 6 and 7 clarify the powers of the Board with respect to matters commenced by the Victorian Psychological Council. The amendments cure existing problems in relation to transitional provisions.
The Committee makes no further comment.
APPROPRIATION (PARLIAMENT)(INTERIM 1996/7) BILL
3.1
This Bill was introduced into the Legislative Assembly on 15 May 1996 by The Honourable Alan Stockdale MP with the Honourable Jeff Kennett MP.
3.2
The Bill makes interim appropriation of moneys out of the Consolidated Fund for recurrent services and works and services for the Parliament for the period July to October 1996.
The Committee makes no further comment.
APPROPRIATION (INTERIM 1996/7) BILL
4.1
This Bill was introduced into the Legislative Assembly on 15 May 1996 by the Honourable Alan Stockdale MP with the Honourable Jeff Kennett MP.
4.2
The Bill provides interim appropriation for the first four months of the 1996/7 financial year
The Committee makes no further comment.
DOMESTIC BUILDING CONTRACTS AND TRIBUNAL (AMENDMENT) BILL
5.1
This Bill was introduced into the Legislative Assembly on 15 May 1996 by the Honourable Rob Maclellan MP pursuant to a motion moved on his behalf by the Honourable Phil Gude with the Honourable Jan Wade MP.
5.2
The purposes of the Bill are to:-
- amend the Domestic Building Contracts and Tribunal Act 1995 to correct an error in its commencement and to improve the operation of that Act; and
- to amend the House Contracts Guarantee Act 1987 to ensure that certain guarantees apply under that Act; and
- to amend the Building Act 1993 to improve the operation of that Act;
5.3
Clause 4 clarifies that appeals on questions of law from the Domestic Building Tribunal are to be heard by the Supreme Court. Clause 5 gives the Governor in Council the power to make regulations which exempt persons, bodies or classes of persons, contracts, classes of contracts from all or any of the provisions of the Act, subject to conditions provided for in the regulations or determined by the Minister. The Committee notes the comments in the Second Reading Speech:-
"The third amendment will create a new regulation making power to exempt a person or body from all or some of the provisions of the Act. The amendment would provide greater flexibility in the operation of the Act, by for example, exempting the builder from certain obligations where the Government or professional body acting as the "owner" is in control of the contractual documentation and is not in need of certain protections afforded by the Act."
The Committee notes that this is a wide exemption power and has written to the Minister requesting clarification of the application of the provision.
5.4
Clause 7 inserts new sections 34A, 34B and 34C. New section 34A is a savings provision. New section 34B imposes a notice requirement on builders and supervisors of domestic buildings. New section 34C ensures that no person is liable for an offence in respect of the operation of the Act as a result of the change in the commencement date introduced by clause 3. Clause 8 includes the Domestic Building Tribunal in respect of the limitations on liability as set out in section 131 of the Building Act 1993. Clause 10 clarifies the operation of section 137E of the Building Act 1993. Clause 11 amends section 184 to enable an additional representative to be appointed to the Building Practitioners' Board. Clause 12 inserts a savings provision into Schedule 4.
The Committee makes no further comment.
6.1
This Bill was introduced into the Legislative Assembly on 15 May 1996 by the Honourable Anne Henderson MLC with the Honourable Phil Gude MP.
6.2
The purposes of the Bill are:-
- to remove regulatory duplication in respect of building standards and to bring the current legislative framework into line with modern legislative developments in the areas of building and health controls;
- to remove the power of the Director to make declarations under section 64 of the Act;
- to amend Part VII of the Act to enable municipal councils to carry out the powers and functions of the Director under that Part in respect of houses the subject of a declaration;
- to make other minor, consequential amendments.
6.3
By way of background, the Committee notes the comments in the Second Reading Speech:-
"The objectives of the Standards of Habitation provisions in the Housing Act are now part of specific legislation, namely the Health Act 1958, the Residential Tenancies Act 1980 and the Building Act 1993.......the proposal to discontinue the habitation standards function requires transitional arrangements to deal with existing notices and charges on titles of land....It is proposed that the Director of Housing retain a power to recoup money owed and to remove a charge from a title once the amount is repaid, and that Councils will be able to take action in respect of directions issued by the Director of Housing before the commencement of this Act.
In respect of properties with a notice on the title relating to the standards of habitation provisions, it is proposed to empower municipal councils to carry out a property inspection and to notify the Titles Office when the notice is no longer required."
6.4
Clause 5 amends various definitions. Clause 6 repeals sections relating to regulation making power, appeals and the Director's power to make declaration and orders. Clause 7 amends section 67 to allow Councils to act in respect of directors issued by the Director of Housing. This provision mirrors the old section 67 of the Housing Act 1983. Clause 8 makes consequential amendments. Clause 9 inserts a new section 68A which provides for the revocation of declarations. Clause 13 makes consequential amendments to Schedule 6. Clauses 18 to 23 are savings and transitional provisions.
The Committee makes no further comment.
INTERPRETATION OF LEGISLATION (AMENDMENT) BILL
7.1
This Bill was introduced into the Legislative Assembly on 14 May 1996 by the Honourable Jeff Kennett MP pursuant to a motion moved on his behalf by the Honourable Phil Gude MP with the Honourable Alan Stockdale MP.
7.2
The purpose of the Bill is to make a minor technical amendment to the Interpretation of Legislation Act 1984.
7.3
Clause 3 inserts a new section 39B which relates to consequential numbering on the insertion of new provisions.
The Committee makes no further comment.
BIOLOGICAL CONTROL (AMENDMENT) BILL
8.1
This Bill was introduced into the Legislative Assembly on 15 May 1996 by the Honourable Bill McGrath MP with the Honourable Phil Gude MP.
8.2
The purpose of the Bill it to amend the Biological Control Act 1986 to clarify the meaning of the Council and the Authority in the Act.
8.3
Clause 3 makes various changes to definitions. Clause 4 amend section 8 to provide that the Victorian Biological Control Authority is the Minister responsible for administering the Biological Control Act 1986. Clause 5 makes a minor substitution.
The Committee makes no further comment.
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