Alert Digest No. 1 of 1997
18 March 1997

EDUCATION (TRESPASS) BILL

1.1

This Bill was introduced into the Legislative Assembly on 4 December 1996 by the Honourable Phil Gude MP with the Honourable Phil Honeywood MP.

1.2

The purpose of the Bill is to amend the Education Act 1958 with respect to trespassing on State schools.

1.3

Clause 3 inserts new sections 20B to 20J into the Education Act 1958 which relate to trespass on State Schools. New clause 20C sets out the offence and penalties. New section 20E governs the delivery of warnings. New section 20G governs the appointment of persons by instrument to exercise the occupier's powers. The Committee notes the comments in the Second Reading Speech:-

"The main change this Bill makes is that a principal (on being authorised by the Minister) will be able to issue a notice to a trespasser warning him or her to stay off the premises, and proceedings can be taken if the trespasser breaches that notice by re-entering the land. This change is in contrast to the present position which requires a warning to be given to trespassers to leave the property each time they re-enter it, and which enables trespassers to return to school premises and to stay on the premises until the occupier re-issues a warning.

The Bill has the support of the Victorian Association of State Secondary Principals, the Victorian Primary Principals' Association, and the Association of School Councils in Victoria. It will assist in ensuring the safety of children attending State schools as well as staff and the school community, and it will assist principals to efficiently manage schools in an environment with reduced risks to all concerned."

The Committee makes no further comment.

EDUCATION (STANDARDS COUNCIL) BILL

2.1

This Bill was introduced into the Legislative Assembly on 4 December 1996 by the Honourable Phil Gude MP with the Honourable Phil Honeywood MP.

2.2

The purposes of the Bill are:-

• to amend the Education Act 1958 to make further provision for the Standards Council of the Teaching Profession; and
• to make consequential amendments to the Teaching Service Act 1981.

2.3

Clause 3 inserts a new Part IIIA into the Education Act 1958 which sets out the functions of the Standards Council of the Teaching Profession. New clause 52B sets out the membership of the Council. Clause 5 abolishes the former Standards Council of the Teaching Profession established under the Teaching Service Act 1981.

The Committee makes no further comment.

EVIDENCE (AUDIO VISUAL AND AUDIO LINKING) BILL

3.1

This Bill was introduced into the Legislative Assembly on 4 December 1996 by the Honourable Jan Wade MP with the Honourable Phil Gude MP.

3.2

The purpose of the Bill is to facilitate appearance before, or the giving of evidence or making of submissions to, courts by audio visual or audio links.

3.3

Clause 3 inserts new Part IIA (clauses 42C to 42Y) into the Evidence Act 1958. New Part IIA makes provision for the use of audio visual and audio links. Clause 4 amends the Evidence Act 1958 so that gaol orders can provide for a prisoner to appear by audio or audio visual links. Clauses 5 to 9 amend various Evidence Acts so that the relevant Court may make rules for the purposes of the Act. Clause 12 is a transitional provision.

The Committee makes no further comment.

FISHERIES (FURTHER AMENDMENT) BILL

4.1

This Bill was introduced into the Legislative Assembly on 4 December 1996 by the Honourable Pat McNamara MP with the Honourable Jeff Kennett MP.

4.2

The purposes of the Bill are to generally amend the Fisheries Act 1995 and in particular to change:-

• the licensing system under that Act;
• the system of declaring fisheries under that Act; and
• the manner of declaring noxious aquatic species.

4.3

Clause 4 inserts various definitions. Clause 7 substitutes new section 11 which sets out the application of the Act. Clause 9 substitutes a new Part 4 which provides for the regulation of fisheries. New Division 1 provides for offences, licences, general permits and authorisations. New Division 2 provides for the issue, variation and conditions etc, of licences and permits.  The Committee wrote to the Minister on 7 March 1997 seeking clarification of the operation of clauses 9 and 33.

New Division 2 provides for the issue and variation of conditions of licences and permits. New Division 3 provides for policy statements, orders and quota notices concerning fisheries. New clause 63 governs compensation arising from the cancellation of access licences. Note that Parts 10,11 and section 37 of the Land Acquisition and Compensation Act 1986 apply to the determination of any compensation with any necessary modifications. New Division 4 provides for fishing closures and restrictions. New clauses 28 and 29 set out additional penalties for licence holders and corporations. New clause 33 substitutes new section 137 which sets out those decisions made by the Secretary which are reviewable.

4.4

New clause 38 adds to section 146(2). It provides that a person is not prevented from using skills acquired in the course of official duties provided that information is not disclosed. New clause 42 specifies certain matters relating to royalties which may be provided for in the regulations.

New clause 44 provides for regulation making powers to be moved from the body of the Act to a Schedule. The Committee wrote to Chief Parliamentary Counsel seeking her advice as to the reasons the regulation making powers are located in the Schedule, rather than the body of the Act.

New clause 45 substitutes new section 155 which provides for the saving of existing licences and permits and conversion of existing licences despite the repeal of the Fisheries Act 1968. The Committee notes these are transitional provisions. The Committee wrote to the Minister on 7 March 1997 seeking clarification of the operation of new section 155D.

New clause 51 inserts Schedule 3 which sets out the regulation making powers.

Committee Room
4 March 1997

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