Alert Digest No. 10 of 1997
11 November 1997

HEALTH SERVICES (ST ANDREWS HOSPITAL) BILL

1.1

This Bill was introduced into the Legislative Assembly on 29 October 1997 by the Honourable Dr Denis Napthine MP with the Honourable Phil Gude MP.

1.2

The purpose of the Bill is to repeal the St Andrew's Hospital Act 1978 and the St Andrew's Hospital (Guarantee) Act 1978 and to provide that the body corporate known as the Secretary to the Department of Human Services is the successor in law of St Andrew's hospital.

The Committee makes no further comment.

ST ANDREWS FOUNDATION BILL

2.1

This Bill was introduced into the Legislative Assembly on 29 October 1997 by the Honourable Jan Wade MP with the Honourable Phil Gude MP.

2.2

The purpose of the Bill is to provide for the transfer of certain charitable donations and bequests to the trustees the St Andrew's Foundation.

The Committee makes no further comment.

RESIDENTIAL TENANCIES BILL

3.1

This Bill was introduced into the Legislative Assembly on 29 October 1997 by the Honourable Anne Henderson MP with the Honourable Phil Gude MP.

3.2

The purposes of the Bill are:-

• to define the rights and duties of landlords and tenants of rented premises;
• to define the rights and duties of rooming house owners and residents of rooming houses;
• to define the rights and duties of caravan park owners, caravan owners and residents of caravan parks;
• to provide for the inexpensive and quick resolution of disputes under this Act;
• to provide for the establishment and jurisdiction of the Residential Tenancies Tribunal;
• to provide for a centralised system for the administration of bonds;
• to provide for the establishment of the Residential Tenancies Bond Authority;
• to provide for the regulation of caravan parks and movable dwellings.

3.3

Clause 3 defines various terms. Clauses 5 to 23 set out the application of the Act. Division 1 sets out the general requirements for tenancy agreements. Division 2 makes provision for bonds. Division 4 sets out the liability of tenants and landlords for charges in respect of water, electricity and gas. Division 5 sets out the general duties of tenants and landlords. Division 6 governs repairs and maintenance. Division 8 sets out the various rights of entry.

3.4

Part 3 makes provision for rooming houses and residency rights and duties. Part 4 sets out those provisions in relation to caravan park and movable dwellings. Part 5 sets out those provisions which relate to compensation and compliance. Application may be made to the Tribunal for compensation in respect of any breaches of the Act. Part 6 relates to the termination of residential tenancies. Division 6 governs the termination of residency rights in caravan parks. Part 7 makes provision for regaining possession, possession orders and warrants. Pursuant to clause 355 a person may apply for a warrant of possession to the Registrar. Part 8 contains provisions which relate to the commission of violence on certain premises. Part 9 makes provision for goods left behind by tenants and residents. Part 10 makes provision for the payment of bonds to the Residential Tenancies Bond Authority. Division 5 establishes the Residential Tenancies Bond Authority. Part 11 establishes the Residential Tenancies Tribunal. Pursuant to clause 447 the limit of the Tribunal's jurisdiction is $10,000.

Part 12 contains administrative provisions. Clause 491 establishes the Residential Tenancies Fund. Part 13 contains general provisions and sets out various offences. Clause 511 is the regulation making provision. Part 14 contains provisions which provide for the regulation of caravan parks and movable dwellings. The Committee will write to the Minister in respect of clause 524, the delegation provision. Schedule 1 contains transitional provisions.

The Committee makes no further comment.

EDUCATION (PRESCHOOLS) BILL

4.1

This Bill was introduced into the Legislative Assembly on 29 October 1997 by the Honourable Phil Gude MP with the Honourable Bill McGrath MP.

4.2

The main purpose of the Bill is to amend the Education Act 1958 with respect to the provision of preschool programs and to make related amendments to Part XIA of the Health Act 1958.

4.3

Clause 5 enables the Minister for Education to give directions or issue guidelines to a school council with respect to the provision of preschool programs. Clause 10 amends section 34A to authorise the payment of compensation to persons who voluntarily assist in the work of the preschool program. Clause 11 inserts new Part 5A which provide for the establishment of preschool programs by school councils. Clause 12 provides that schools which wish to provide preschool programs must comply with the relevant provisions of the Health Act 1958.

The Committee makes no further comment.

GAS INDUSTRY (FURTHER AMENDMENT) BILL

5.1

This Bill was introduced into the Legislative Assembly on 29 October 1997 by the Honourable Alan Stockdale MP with the Honourable Phil Gude MP.

5.2

The purpose of the Bill is to amend the Gas Industry Act 1994 to make further provision for the restructure and reform of the gas industry.

5.3

Clause 7 inserts new sections 6A, 6B and 6C into the Act. They define the terms `non-franchise customer' and `supply point' for the purposes of the Act. Clause 9 inserts new sections 8A and 8B which provide that the gas industry is a regulated industry and set out the objectives of ORG. Clause 11 inserts new Division 2A which establishes VENCorp. Clause 15 substitutes new Part 3 which relates to the transmission and distribution of gas. Clause 17 inserts new Part 4A which provides for the regulation of the gas industry. Clause 25 inserts a new section 60A which authorises a gas company to require easements for the use of the company where a proposal for sub-division or consolidation of land is referred to the gas company under the Planning and Environment Act 1987. Clause 27 amends Part 6B so as to extend the provisions of that part to certain new contracts or arrangements and certain new gas retailers.

5.4

Clause 31 inserts a new Part 8A which provides for the transfer of staff of GASCOR and GTC to new employers and for the preservation of entitlements and benefits of transferred staff. Clause 32 inserts new sections 88A, 88B and 88C which authorise the Treasurer and the Minister to give directions to the board of the public gas companies. Clause 36 inserts a new section 101A which provides that a public gas company is not eligible to be declared to be an agency or prescribed authority within the meaning of the Freedom of Information Act 1982. Clause 37 inserts new sub-sections (1A) and (1B) in section 102 which add further regulation powers. Clause 38 insert new sections 104A and 104B which set out the requirements in respect of the annual reports of GASCOR. Clause 40 inserts new Parts 13A and 13B which provide for the transfer of property and staff of nominated public gas companies. Part 3 contains various consequential amendments to a number of Acts.

The Committee makes no further comment.

GAS SAFETY BILL

6.1

This Bill was introduced into the Legislative Assembly on 29 October 1997 by the Honourable Alan Stockdale MP with the Honourable Phil Gude MP.

6.2

The purpose of the Bill is to make provision for the safe conveyance, sale, supply, measurement, control and use of gas and to generally regulate gas safety.

6.3

Clause 9 establishes the Office of Gas Safety. Clause 14 is the delegation provision. The Committee will write to the Minister in respect of the delegation provision.

Clause 22 requires the Office to prepare a corporate plan. Part 3 and clause 32 set out the general duties of gas companies. Clause 37 requires a gas company to submit a safety case to the Office for each of its facilities. Division 3 sets out the requirements of safety case for gas installation. Clause 72 provides that there must be compliance with prescribed standards and requirements for work on gas installation. Clause 78 provides for the recall of appliances or components when necessary.

6.4

Clause 80 establishes the Gas Appeals Board. A person aggrieved by a decision of the Office may appeal to the Gas Appeals Board. Clause 86 provides for the appointment of inspectors. Pursuant to clause 96 inspectors may apply to a magistrate for a search warrant. Clause 106 provides that the Director may give directions in respect of the installation or disconnection of gas facilities. Clause 110 provides that the Director may issue improvement notices. Clause 118 is the regulation making provision. Part 8 contains consequential amendments and transitional provisions.

The Committee makes no further comment.

ALPINE RESORTS (MANAGEMENT) BILL

7.1

This Bill was introduced into the Legislative Assembly on 29 October 1997 by the Honourable Marie Tehan MP with the Honourable Phil Gude MP.

7.2

The purposes of the Bill are to:-

• establish an Alpine Resorts Co-ordinating Council and six Alpine Resort Management Boards; 
• provide for management of several alpine resorts; 
• amend the Alpine Resorts Act 1983; and
• make various other related provisions and amendments to other Acts.

7.3

Clause 7 confers power on alpine resort managing bodies with the prior consent of the Minister, to grant leases of up to 99 years. Clause 12 allows for agreements to be entered into with other Ministers about the carrying out of works or the provision of services. Clause 14 establishes the Alpine Resorts Co-ordinating Council. Clause 30 requires the Council to prepare corporate plans. Clause 34 establishes Alpine Resort Management Boards. Clause 53 requires each Board to prepare corporate plans. Part 5 contains miscellaneous provisions. Clause 57 is the regulation making power. Part 6 contains transitional provisions.

The Committee makes no further comment.

RAIL CORPORATIONS (AMENDMENT) BILL

8.1

This Bill was introduced into the Legislative Assembly on 29 October 1997 by the Honourable Alan Stockdale MP with the Honourable Phil Gude MP.

8.2

The purpose of the Bill is to amend the Rail Corporations Act 1996, the Transport Act 1983 and reform the public transport system in Victoria.

8.3

Clause 6 inserts new Division 2A which establishes Met Train 1. Clause 8 inserts new Division 2B which establishes Met Train 2. Clause 18 inserts new Division 3 in Part 3 of the Rail Corporations Act 1996 which provides for the transfer of Public Transport Corporation Staff to the new rail corporations and the continuity of employment of transferred staff. Clause 22 inserts new sections 13A and 13B to give Victorian Rail Track powers to break up roads and install or move stopping places. Clause 23 inserts new sections 13C to 13F which provide for the compulsory acquisition of land. Division 8 contains transitional provisions.

8.4

Part 3 amends the Transport Act 1983. Clause 34 amends sections 211 and 218B and sets out the criteria for officers to be authorised under these sections. Clause 36 inserts new sections 221A and 221B in respect of authorised persons. Clause 37 inserts new Division 4A into Part VII which provides for the accreditation of passenger transport companies by the Secretary. Review of the Secretary's decision is provided for in new clause 228R. Part 4 makes amendments to various other Acts.

The Committee makes no further comment.

WATER ACTS (FURTHER AMENDMENT) BILL

9.1

This Bill was introduced into the Legislative Assembly on 29 October 1997 by the Honourable Alan Stockdale MP with the Honourable Phil Gude MP.

9.2

This Bill amends the Melbourne and Metropolitan Board of Works Act 1958, the Water Act 1989, the Water Industry Act 1994, the Food Act 1984, the Health Act 1958 and the Health (Fluoridation) Act 1973. Its purposes are:-

• to remove the rating powers of Melbourne Water Corporation and enable it to impose fees under a tariff for the purposes of its drainage and floodplain management functions;
• to amend the Water Act 1989 to enable charges to be imposed on domestic and stock users of groundwater in a groundwater supply protection area and enable permanent interstate trading in water;
• to amend the Water Industry Act 1994 so as to remove certain exemptions from the payment of charges and make new provision for the imposition of water restrictions and prohibitions in times of shortage;
• to recognise licensees under the Water Industry Act 1994 as water supply authorities for the purposes of the Food Act 1984, the Health Act 1958 and the Health (Fluoridation) Act 1973;
• to make miscellaneous other amendments to the Melbourne and Metropolitan Boards of Works Act 1958, the Water Act 1989 and the Water Industry Act 1994.

9.3

Clauses 5 and 6 remove the power of Melbourne Water to levy water and sewerage rates. Clause 8 contains a number of transitional provisions to enable new service charges that are not based on property charges to be introduced on 1 January 1998. Clause 10 inserts new sections 280 to 281F to enable Melbourne Water to impose fees under a tariff for the purposes of its drainage and floodplain management functions.

Clause 17 enables various application fees to be set by the Minister rather than by regulation. Clause 18 enables an Authority to fix a fee for an information statement. In the past it was set by regulation. The Committee notes the comments in the Second Reading Speech:-

"Clauses 17 and 18 give Authorities the ability to set fees at a level to recoup their administrative costs in providing various services. Currently, statewide fees are set by regulation with no regard to an Authority's business cost structure. Fees for processing licence applications will be set by Authorities under delegation from the Minister. Fees for other services will be scrutinised by Government as part of the business planning process, and the changes to the latter will make the fee setting and oversight process more transparent."

The Committee will write to the Minister seeking further information in respect of clause 18.

9.4

Clause 20 allows the permanent transfer of water rights out of Victoria under guidelines to be determined by the Minister. Clause 21 requires Authorities to prepare corporate plans. Clause 27 gives the Governor in Council additional pricing matters to regulate by Order in Council. Clause 31 amends section 26 which relate to concessional arrangements for service charges and usage charges. Pursuant to the amendments, entitlements to concessions for water and sewerage charges are to be dealt with by way of Minister's Order published in the Government Gazette rather than by regulation.

Clause 35 inserts new Division 1A in Part 3 which makes provision for drought response plans and emergency management plans. Clauses 38 and 39 insert a number of evidentiary provisions into the Act.

9.5 Alteration or variation of section 85 of the Constitution Act 1975 (section 4D(b)(i) and (ii) of the Parliamentary Committees Act 1968

Clause 43 inserts a new definition of "water supply authority" into the Health (Fluoridation) Act 1973. Clause 44 inserts new section 13 into the Health (Fluoridation) Act 1973. New clause 13 declares the intention of the amended definition of "water supply authority" to alter or vary section 85 of the Constitution Act 1975. The Committee notes the comments in the Second Reading Speech:-

"Clause 44 of the Bill inserts section 13 into the Health (Fluoridation) Act 1973. Section 13 states that it is the intention of section 4 of the 1973 Act, as it applies with respect to the expanded meaning of the terms `water supply authority' to alter or vary section 85 of the Constitution Act 1975...

By way of background, the Health (Fluoridation) Act 1973 imposes obligations on a water supply authority in relation to the fluoridation of public water supplies and contains protections for that authority when acting in accordance with the Act. Section 4 of the Act specifically provides that no action shall lie against a water supply authority, a member of an authority, a person acting under the direction of an authority or a contractor acting on behalf of an authority in respect of anything done in regard to the fluoridation of a public water supply in accordance with the provisions of the Act. The reason for the exemption is to ensure that a body is not exposed to litigation when acting to implement a decision of Government based on public health grounds.

By expanding the term `water supply authority', additional bodies are brought under the scope of the Act and have the benefit of the prohibition contained in section 4. It is intended that these amendment have this effect and that no actions be allowed against these bodies with water supply responsibilities as provided for in section 4. If these bodies are to be made subject to the obligations imposed by the Act and carry out activities in the public interest in accordance with the Act, they should also be able to take advantage of the protections afforded by the Act."

The Committee is of the view that the proposed section 85 provision is appropriate and desirable in all the circumstances. The Committee notes the Bill extends the protection of the current provisions to the newly defined water authorities.

AUDIT (AMENDMENT) BILL

10.1

This Bill was introduced into the Legislative Assembly on 29 October 1997 by the Honourable Jeff Kennett MP with the Honourable Pat McNamara MP.

10.2

The purpose of the Bill is to amend the Audit Act 1994.

10.3

Clause 6 inserts new section 3A into the Act which sets out the objectives. Clause 7 inserts new sections 4A and 4B which make the Auditor-General an officer of the Parliament. Clause 9 inserts new Part 2A which establishes Audit Victoria. Clause 10 inserts new Part 2B which sets out those provisions in relation to authorised persons. Clause 12 inserts new sections 9 and 9A in respect of the requirements for authorised persons to report to the Auditor-General. Clause 19 amends section 17 which relates to the independent auditing of the Victorian Auditor-General's Office. In particular it repeals the requirements of section 13 in respect of auditing and confidentiality standards as they would apply to the person auditing the Auditor-General's Office. The Committee will write to the Minister seeking information as to the reasons for the repeal of section 13 in respect of amended section 17.

Clause 21 inserts new section 20B which exempts Audit Victoria and certain documents of the Auditor-General and the Victorian Auditor-General's Office from the operation of the Freedom of Information Act 1982. The Committee will write to the Minister seeking further explanation and clarification of the operation of new section 20B. Part 4 makes consequential amendments to various acts. The Schedule also makes consequential amendments to various Acts. The Committee notes that the following Acts amended by the Schedule repeal the requirement for the relevant body, council, board or person to keep proper books of account:-

• Conservation, Forests and Lands Act 1987 -- section 26 is repealed;
• Estate Agents Act 1980 -- section 77 is repealed;
• Housing Act 1983 -- section 28 is repealed;
• Patriotic Funds Act 1958 -- section 28 is repealed;
• Psychologists Registration Act 1987 -- sections 43,44 and 45 are repealed;

The Committee will write to the Minister seeking further information as to the reasons for the repeal of the account keeping requirements in respect of the abovelisted Acts.

Committee Room
10 November 1997

Audit (Amendment) Bill - Extract from the Proceedings

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