Alert Digest No. 7 of 1997
7 October 1997

MELBOURNE SPORTS AND AQUATIC CENTRE (AMENDMENT) BILL

1.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Dr Denis Napthine on behalf of the Honourable Tom Reynolds MP with the Honourable Phil Honeywood MP.

1.2

The purpose of the Bill is to amend the boundaries of the Melbourne Sports and Aquatic Centre land to provide for the lease over that land. It amends the Melbourne Sports and Aquatic Centre Act 1994.

1.3

Clause 3 substitutes a new definition of Melbourne Sports and Aquatic Centre land which provides for new boundaries. Clause 5 amends the Schedule to the Act to include a surveyed plan of the land.

The Committee makes no further comment.

LOCAL GOVERNMENT (MISCELLANEOUS AMENDMENT) BILL

2.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Dr Denis Napthine MP on behalf of the Honourable Rob Maclellan MP with the Honourable Jan Wade MP.

2.2

The purposes of the Bill are to amend the Local Government Act 1989:-

• to modify the provisions concerning the mayoral and councillor allowances;
• to modify provisions concerning the conduct of polls and other electoral matters;
• to allow a Council to consist of Councillors elected for wards and Councillors elected for the Council's municipal district as a whole;
• to generally improve the operation of the Act;
• to repeal the Public Authorities Marks Act 1958;
• to repeal an outdated provision of the Building Act 1993.

2.3

Clause 5 amends section 11 to automatically enrol the first two named non resident owners or occupiers on the roll of electors. Clause 12 provides that a poll of voters may be conducted by postal voting only, rather than attendance voting, as is the case for the election of councillors. Clause 14 clarifies the operation of the provisions relating to mayoral and councillor allowances. A mayor cannot receive both a mayoral and councillor allowance. Clause 15 requires a council to approve in principle its financial statements prior to submitting them to its auditor or the Minister. Clause 19 amends the provisions concerning the periodic review of the electoral representation in each council which is divided into wards. A council must provide reasons for its decision to the Minister and provide any information requested. Clause 20 provides that an Order in Council made on the recommendation of the Minister under section 220Q may re-constitute a council so that it consists of both councillors elected for wards and councillors elected for the whole of the municipal district. The Committee notes the comments in the Second Reading Speech:-

"It is proposed to amend the Act to enable the Minister to be able to make an order to set internal boundaries and the number of councillors to be elected in a municipality either in individual wards or elected at large or both. This system currently operates in the Melbourne City Council and the mix of ward councillors and councillors elected at large has worked well."

The Committee makes no further comment.

SNOWY HYDRO CORPORATISATION BILL

3.1

This Bill was introduced in the Legislative Assembly on 17 September 1997 by the Honourable Alan Stockdale MP with the Honourable Jeff Kennett MP.

3.2

The purpose of the Bill is to reform the Snowy Mountains Hydro-electric Scheme by corporatising the Snowy Mountains Hydro-electric Authority and making related changes to the Scheme. The Scheme is to be corporatised by the Commonwealth, New South Wales and Victoria.

3.3

Clause 2 is the commencement provision. The Committee notes that the commencement provision is open-ended. However, the Committee also notes the reasons for this which are expressed in the Second Reading Speech:-

"The Governments have decided to hold an open public inquiry so that all interested parties may express their views and so that they can take these views into account. The water inquiry will develop costed options and will report to the New South Wales and Victorian Governments. The Governments will then agree on environmental flows before corporatisation begins, taking into account expert advice from the inquiry. The inquiry is expected to take about six months to produce its report. Governments will then take about two months to agree on the implementation of the inquiry. Corporatisation does not occur unless and until there is agreement on the outcome."

Part 3 provides for the transfer of the existing Snowy Mountains Hydro-electric Authority to the Snowy Hydro Company. Division 3 provides for the transfer of existing staff with any accrued entitlements. Part 4 contains miscellaneous provisions. Part 5 repeals the Snowy Mountains Hydro-electric Agreements Act 1958.

The Committee makes no further comment.

WILDLIFE (AMENDMENT) BILL

4.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Dr Denis Napthine on behalf of the Honourable Marie Tehan MP with the Honourable Jan Wade MP.

4.2

The purpose of the Bill is to make various amendments to the Wildlife Act 1975 and the Conservation, Forests and Lands Act 1987.

4.3

Clause 8 requires a licence-holder to allow access by an authorised officer at any reasonable time to any dwelling house specified in the licence to monitor compliance with the Act, the regulations or any conditions to which the licence is subject. The Committee notes the comments in the Second Reading Speech:-

"This power will be limited to situations where the dwelling house is the place where wildlife is kept. The provision does not confer a right of entry without warrant, but repeated refusal to comply with this requirement may lead to cancellation or suspension of an entitlement to retain wildlife. The provision does not confer an ability to carry out a general search while inside the dwelling house."

Clause 12 inserts new sections 25A to 25E which provide for mandatory cancellation of licences by the Secretary. Clause 13 inserts new Part IIIA which makes provision for written authorisation by the Secretary in relation to hunting, the destruction of wildlife, buying, selling, displaying, breeding etc. Clause 14 substitutes new sections 41 to 47 with increased penalties for various offences. Clause 15 inserts new sections 48 to 48C which set out the offences for dogs or cats attacking wildlife. Animals guilty of such offences may be destroyed. Clauses 16 to 18 also increase penalties for various offences.

4.4

Clause 21 amends section 59 to extend the provisions relating to the powers of authorised officers relating to search and seizure when entering buildings (other than a dwelling house). Clause 22 inserts new sections 59A to 59F. The provisions allow for searches of personal property, vehicles and boats. New section 59C enables authorised officers to apply to a magistrate for a search warrant. Clause 23 sets out the powers of seizure. Clause 26 inserts new sections 63, 64 and 65 which set out the particular circumstances in which authorised officers do not commit offences, namely; when given written authorisation by the Secretary. Clause 33 provides that any permit under Part X relating to whales is subject to such conditions specified by the Secretary. Clause 38 amends section 85A to extend the regulation-making powers to the ability to prescribe conditions and regulate activities undertaken by dolphin tour operators. Clause 40 extends the regulation-making powers to include the regulation of game management, use of spotlights and dogs in the hunting, taking or destroying of game and the feeding of wildlife. Clause 41 inserts transitional provisions. Clause 45 amends the Conservation, Forests and Lands Act 1987 to provide for certificates of identification for the purposes of proof in legal proceedings.

The Committee makes no further comment.

DOCKLANDS AUTHORITY (AMENDMENT) BILL

5.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Dr Denis Napthine MP on behalf of the Honourable Rob Maclellan MP with the Honourable Phil Honeywood MP.

5.2

The purposes of the Act are:-

• to amend the Docklands Authority Act 1991 to improve the operation of that Act;
• to repeal the Development Areas Act 1973.

5.3

Clause 4 gives the Authority the power to enter into agreements concerning the use or development of land on disposal of land or in anticipation of disposing of the land. Clause 5 enables the Authority to request the lodgement of a negotiation bond. The Committee notes the comments in the Second Reading Speech:-

"The Authority indicated to interested developers in its information memorandum issued in November 1996 and April 1997 that once a developer achieves preferred developer status it must provide to the Authority a refundable negotiation bond in favour of the Authority which would be forfeited to the Authority on certain conditions."

Clauses 8 and 9 make minor amendments.

The Committee makes no further comment.

PODIATRISTS REGISTRATION BILL

6.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Dr Denis Napthine MP with the Honourable Jan Wade MP.

6.2

The purposes of the Bill are:-

• to protect the public by providing for the registration of podiatrists and investigations into the professional conduct and fitness to practise of registered podiatrists; 
• to regulate the advertising of podiatry services; 
• to establish the Podiatrists Registration Board of Victoria and the Podiatrists Registration Board Fund; 
• to repeal the Chiropodists Act 1968; 
• to make consequential amendments to other Acts; and
• to provide for other related matters.

6.3

Division 1 of Part 2 sets out the procedure for obtaining registration. Division 2 provides that the Board must keep a register of all podiatrists. Part 3 governs investigations into registered podiatrists. Clause 21 sets out when complaints about professional conduct are to be investigated by the Health Services Commissioner. Clause 22 sets out when complaints about professional conduct are to be investigated by the Board. Division 3 governs formal and informal hearings. Clause 55 provides that members of panels are entitled to receive fees which are fixed from time to time by the Governor in Council.

6.4

Part 4 sets out those provisions which allow for review of decisions by the Administrative Appeals Tribunal. Part 5 sets out the various offences. Part 6 sets out general administrative provisions. Clause 61 establishes the Podiatrists Registration Board of Victoria. Clause 76 is the delegation provision. Part 7 contains the financial and reporting provisions. Clause 77 establishes the Podiatrists Registration Board Fund.

Part 8 contains the enforcement and supplementary powers. Pursuant to clause 82, a person appointed by the Board may apply to a magistrate for the issue of a search warrant. Part 9 contains miscellaneous provisions. Clause 88 is the regulation making provision. Part 10 contains savings and transitional provisions.

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

Clause 87 declares the intention of section 53(3) to alter or vary section 85 of the Constitution Act 1975. Section 53(3) provides that no action for defamation lies against the Board or its members for giving notice of any determination under section 53. The Committee notes the comments in the Second Reading Speech:-

"Clause 53(3) of the Bill provides that no action for defamation lies against the Board or its members for giving a notice under clause 53(1). Clause 53(1) requires the Board to give notice of any determination to impose conditions, limitations or restrictions on the registration or suspend or cancel the registration of a podiatrist:

• in the Government Gazette;
• to registration authorities in other States and Territories and in New Zealand;
• to the Health Services Commissioner;
• to the employer of the podiatrist, where the podiatrist is an employee;
• to any podiatry registration authority outside of Australia or New Zealand requesting such information.

Clause 53 of the Bill is therefore necessary to ensure that conditions, limitations, restrictions, suspensions and cancellations of registration are properly communicated to relevant authorities. The reasons for limiting the jurisdiction of the Supreme Court are that it is necessary to ensure that the Board and its members can perform such communication without threat of civil action for defamation."

The Committee is of the view that the proposed section 85 provision is appropriate and desirable in all the circumstances.

UNIVERSITY OF BALLARAT (AMENDMENT) BILL

7.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Phil Honeywood MP with the Honourable Jan Wade MP.

7.2

The purpose of the Bill is to amend the University of Ballarat Act 1993 to provide for the merger of The School of Mines and Industries Ballarat Limited and the Wimmera Institute of TAFE with the University of Ballarat and to make provision for other matters

7.3

Clause 3 inserts a new Part 9 which provides for the above merger. New clauses 63 and 64 provide for the transfer of staff and students with the preservation of all existing entitlements. Part 3 contains administrative provisions. Clause 4 amends section 7 to set out those persons who shall constitute the Council. Clause 5 provides for the terms of office of members of the Council of the University of Ballarat. Part 4 establishes the TAFE division of the University of Ballarat. Part 10 contains transitional provisions.

New clause 13 amends section 31(3)(c) and (4) to provide that the Minister may approve statutes made by the University of Ballarat. The previous practice was for this approval to be granted by the Governor in Council. The Committee will write to the Minister seeking his advice as to the reasons for the change.

The Committee makes no further comment.

VOCATIONAL EDUCATION AND TRAINING (TRAINING FRAMEWORK) BILL

8.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Phil Honeywood MP with the Honourable Jan Wade MP.

8.2

The purpose of the Bill is:-

• to amend the Vocational Education and Training Act 1990;
• to amend the Adult Community and Further Education Act 1991;
• to make further provision for vocational education and training and adult, community and further education;
• to amend the Accident Compensation Act 1985;
• to amend the Accident Compensation (WorkCover Insurance) Act 1993;
• to amend the Pay-roll Tax Act 197; and
• to make other consequential amendments to other Acts.

8.3

Clause 8 inserts new section 20AA which enables the State Training Board to further delegate its functions as an approving authority. Clause 9 amends section 20B to expand the categories of delegations that approved training agents, appointed by the Governor in Council may receive from the State Training Board. Clause 10 inserts new Part 5 which provides for apprenticeships. Division 2 makes provision for training schemes. Division 3 makes provision for training agreements. Clause 13 substitutes section 75 to provide that the Minister by Order published in the Government Gazette establish training recognition boards. Clause 18 extends the period of registration from 3 to 5 years and changes the criteria to which the Board may have regard in the registration process. Clause 22 changes the criteria to which the State Training Board may have regard in considering applications by educational institutions for endorsement of courses as suitable for overseas students. Clause 33 provides for the review by the State Training Board of decisions of approved training agents. Clause 36 inserts section 98 which is a savings provision.

8.4 Amendments to other Acts

Clause 38 amends section 12(1) of the Adult, Community and Further Education Act 1991. It requires the joint preparation of an adult, community and further education plan by the Board and the State Training Board. Clause 40 provides for the establishment of further education recognition boards. Clause 41 amends section 13D to enable the Adult, Community and Further Education Board to register community providers of further education to issue recognised qualifications. It also amends the criteria to which the Board may have regard in the registration process. Clause 51 amends sections 4 and 7(4A) of the Accident Compensation (WorkCover Insurance) Act 1993. It effectively extends WorkCover arrangements to practical placements by TAFE providers. Clause 52 exempts from Pay-roll Tax the remuneration paid to apprentices who are engaged under training agreements within classes declared by the Minister for Finance.

The Committee makes no further comment.

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) BILL

9.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Jan Wade MP with the Honourable Dr Denis Napthine MP.

9.3

The purposes of the Bill are:-

• to define the criteria for determining if a person is unfit to stand trial;
• to replace the common law defence of insanity with a statutory defence of mental impairment;
• to provide new procedures for dealing with people who are unfit to stand trial or who are found not guilty because of mental impairment.

9.4

Part 2 sets out those provisions which relate to unfitness to stand trial. Part 3 governs special hearings. The Committee notes the comments in the Second Reading Speech that one of the aims of the Bill is:-

"To provide for a `special hearing' process to be undertaken in respect of persons who are unfit to be tried to enable the evidence of the prosecution to be tested."

Part 4 sets out the defence of mental impairment. Part 5 sets out those orders and matters which relate to supervision orders. Clause 30 sets out an emergency power of apprehension. An `appropriate person' (defined as a member of the police force, ambulance officer, a person having supervision of the person under the order or a person who is a member of a class prescribed for the purposes of the section) who believes that the safety of the person subject to the order or members of the public will be seriously endangered, may use such force as is reasonably necessary to enter any premises in which he or she has reasonable grounds for believing that the person to be apprehended may be found and apprehend the person.

9.5

Part 6 sets out those principles to which the court must have regard when placing any restrictions on a person's freedom. Family members and victims may make reports to the court pursuant to clause 42. Part 7 makes provision for the granting of leave of absence. Clause 49 sets out the various types of leave which may be granted. Clause 59 establishes the Forensic Leave Panel whose function it is to hear applications for leave of absence. Part 8 contains general provisions. Clause 78 abolishes the Governor's pleasure orders. Part 9 contains consequential amendments to various Acts. The amendments relate to the insertion of the definition of `forensic patients' and ensures that such patients receive appropriate residential services under the Intellectually Disabled Persons' Services Act 1986.

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

Clause 79 declares the intention of section 78(1) to alter or vary section 85 of the Constitution Act 1975. Clause 78 abolishes the Governor's pleasure orders. The Committee notes the comments in the Second Reading Speech:-

"Clause 78(1) of the Bill makes it clear that the current power of the County Court and Supreme Court to make an order under sections 393 or 420 of the Crimes Act 1958 that a person be kept in strict custody until the Governor's pleasure is known is revoked. The current section 393 of the Crimes Act relates to people who have been found unfit to plead. The current section 420 of the Crimes Act relates to people who have been found not guilty on the ground of insanity. Clause 79 is necessary as the Bill provides for new procedures where a person is found to be unfit to be tried or not guilty on the ground of mental impairment."

The Committee is of the view that the proposed section 85 provision is appropriate and desirable in all the circumstances.

Clause 82(1) amends section 361(4)(c) of the Crimes Act 1958 by inserting references to a residential service within the meaning of the Intellectually Disabled Persons Service Act 1986. The Committee notes the comments in the Second Reading Speech:-

"Section 361 of the Crimes Act provides for accused persons detained in a prison, police gaol, youth training centre, youth residential centre or approved mental health service to be removed to and from the place of detention to a court without a writ of habeus corpus or any other writ being required. Clause 82(1) extends the application of the provision to an accused who is in custody in a residential institution. This clause is necessary to close a lacuna in the legislation in relation to accused persons who are in a residential institution."

The Committee is of the view that the proposed section 85 provision is appropriate and desirable in all the circumstances.

SENTENCING (AMENDMENT) BILL

10.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Jan Wade MP with the Honourable Dr Denis Napthine MP.

10.2

The purposes of the Bill are:-

• to enable the Director of Public Prosecutions to appeal against the sentence imposed on an offender given a less severe sentence on account of an undertaking to assist law enforcement authorities in the investigation or prosecution of an offence and who then fails to do so;
• introduced a new penalty scale for offences punishable by a fine and restrict the circumstances in which a fine may be imposed instead of imprisonment;
• render bodies corporate liable to a maximum fine for an offence against the Crimes Act 1958 of five times the maximum to which natural persons are liable;
• impose a limit on the maximum fine for certain common law offences and enable common law offences to be punished by a community-based order;
• prevent any part of a fine in excess of $10,000 being converted to a community-based order;
• ensure that only a court can convert to a community-based order a fine imposed on the hearing of a PERIN matter referred to the Magistrates' Court in certain circumstances.

10.3

Clause 4 gives effect to the policy to allow a court to impose a less severe sentence where the offender assists the law enforcement authorities with its investigations. Clause 7 amends the Sentencing Act 1991 to ensure that in certain circumstances only a court can convert a fine into a community based order. Clause 9 enables warrants directed at the Sheriff to be issued electronically, instead of in paper form. Clause 10 enables the court to make orders against offenders compensating victims for loss, destruction or damage to property, or for their pain and suffering. Clause 12 inserts a new maximum scale into the Act.

10.4

Clause 17 amends section 113A which sets out the maximum term of imprisonment for summary offences. The amendment clarifies the operation of the provision. The Committee notes that the provision is deemed retrospectively to have commenced on 1 September 1997. Clause 18 inserts new section 113D which provides for increased maximum fines for bodies corporate. Clause 19 provides additional transitional provisions in relation to certain sections of the Sentencing and Other Acts (Amendment) Act 1997. The additions clarify the application of the changes to the offences. The Committee notes that the provision is deemed retrospectively to have commenced on 1 September 1997. Clause 21 amends Schedule 1 to the Sentencing Act 1991 to clarify that any common law offences whose penalties are prescribed in the relevant legislation are relevant to the operation of Part 2A of the Sentencing Act 1991. The Committee notes that the provision is deemed retrospectively to have commenced on 1 September 1997.

10.5

Clause 22 amends certain maximum penalties for offences against the Crimes Act 1958. Clause 24 amends section 567A of the Crimes Act 1958 to enable the Director of Public Prosecutions to appeal to the Court of Appeal against a reduced sentence imposed on an informer who fails wholly or partially to fulfil an undertaking given to assist authorities in the future investigation or prosecution of an offence. Clause 26 amends section 38 of the Magistrates' Court Act 1989. The Committee notes the comments in the Second Reading Speech:-

"The Sentencing and Other Acts (Amendment) Act 1997 introduced uniform provisions for instituting breach proceedings relating to non-custodial orders under the Sentencing Act 1991. Charges are filed by community corrections officers, who by doing so, become the informant in relation to that breaching matter. However, the person who filed the charge is rarely the person who appears to prosecute the matter.

This is problematical as there appears to be no power in section 38 of the Magistrates' Court Act 1989 to provide for persons other than the informant or a person empowered by law to appear as a party to a criminal proceeding. Clause 26 of the Bill amends the Magistrates' Court Act 1989 to enable any other prescribed person or any other member of the prescribed class of persons to appear in court in such matters."

The Committee makes no further comment.

ELECTRICITY INDUSTRY (FURTHER MISCELLANEOUS AMENDMENT) BILL

11.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Jeff Kennett MP with the Honourable Dr Denis Napthine MP.

11.2

The Bill makes a number of miscellaneous amendments to the Electricity Industry Act 1993. It also makes minor amendments to other Acts.

11.3

Clause 7 inserts new section 84AAA which provides that the Minister may declare that specified assets that are affixed to land that are disposed of by a public transmission company or public generation company are taken to be chattels personal and not fixtures. Clause 11 inserts new section 155A into the Act which provides that the Australian Competition and Consumer Commission and its members may perform such functions and exercise such powers as the Office of the Regulator-General in relation to various matters. Clause 13 amends section 163AAA with the effect that the obligation of a distribution company to supply non-franchise customers can apply when the customer's retailer's licence is suspended or revoked. Clause 15 allows the Treasurer to declare that a specified person does not have a prohibited interest during a specified period of up to six months. The Committee notes the comments in the Second Reading Speech:-

"This power is desirable to facilitate short term transitional arrangements flowing from changes in ownership of the privatised industry. The declaration may be subject to conditions to provide that the intention of the Part is not diminished during the relevant period."

11.4

Clause 17 substitutes Part 2A which specified the functions of VENCORP. Clause 24 inserts new section 88AA in the State Owned Enterprises Act 1992 which allows the Treasurer to give directions in respect of a financial year to certain State bodies which may have been liable to pay Commonwealth income and sales tax but have been declared exempt from that liability. Clause 25 inserts new section 18A into the Crown Land (Reserves) Act 1978 to give the Minister power to enter into an agreement with an electricity company to manage or control or carry out duties, functions and powers in relation to the company's purpose on any reserved land or Crown land. The same provision is inserted into the Forests Act 1958 and the National Parks Act 1975.

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

Clause 20 inserts new section 8B into the National Electricity (Victoria) Act 1997. Section 8B declares the intention of section 8A to alter or vary section 85 of the Constitution Act 1975. Section 8A states except as otherwise provided in section 10 of the National Electricity (Victoria) Law, a person may not bring proceedings against the NECA in respect of an alleged contravention of the Code. The Committee notes the comments in the Second Reading Speech:-

"The proposed section 8A provides that except as otherwise provided in section 10 of the National Electricity Law a person may not bring proceedings against NECA, or being a person other than NECA, may not bring proceedings against a Code participant in respect of an alleged contravention of the Code. The National Electricity Law is the uniform law that will apply in Victoria and other participating jurisdictions of the national electricity market, NECA is the acronym of the National Electricity Code Administrator Ltd and the Code is the National Electricity Code. Proposed section 8B provides that it is the intention of section 8A to alter or vary section 85 of the Constitution Act 1975.

Section 10 of the National Electricity Law prohibits a person from bringing proceedings against NECA or against Code participants in respect of alleged contraventions of the Code unless the alleged contravention is of a kind that gives rise to an obligation or liability of NECA or the Code participant to the first-mentioned person.

The National Electricity Law establishes a National Electricity Tribunal which will have two principal functions. The first will be to review the decisions of the two bodies which will administer the National Electricity Law and the Code, being NECA and National Electricity Market Management Company Ltd. The other principal function will be to order sanctions for proven breaches of the Code by code participants on application by NECA.

The reasons for limiting the jurisdiction of the Supreme Court are as follows. Parliament has already vested jurisdiction in the National Electricity Tribunal as the appropriate body to deal with contraventions of the Code. Persons are restricted from bringing proceedings against NECA or Code participants for certain alleged contraventions of the Code because those contraventions are to be dealt with quickly and inexpensively by that specialist tribunal. Those decisions of NECA which might be contraventions of the Code are reviewable under provisions of the Code and a person aggrieved by such a decision may refer the matter to the National Electricity Tribunal for review. Similarly, certain breaches of the Code by Code participants are to be referred by NECA to the National Electricity Tribunal. Accordingly, the provisions of the National Electricity Law and the Code will ensure that persons aggrieved by reviewable decisions of NECA are able to seek a review of the decision and that breaches of the Code are adequately dealt with."

The Committee is of the view that the proposed section 85 provision is appropriate and desirable in all the circumstances.

PORT SERVICES (AMENDMENT) BILL

12.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Jeff Kennett MP with the Honourable Dr Denis Napthine MP.

12.2

The purposes of the Bill are:-

• to provide for the abolition of the Port of Melbourne Authority, the Port of Geelong Authority and the Port of Portland Authority and enable the State Electricity Commission of Victoria to take over their remaining property, rights and liabilities;
• to establish the Hastings Port (Holding) Corporation to carry out certain functions in relation to the port of Hastings.

12.3

Clause 4 inserts new Division 1A which establishes the Hastings Port (Holding) Corporation. Clause 7 amends Part 8 to provide for the SEC to be directed by the Treasurer to transfer port property, rights or liabilities to a port corporation. Clause 8 inserts new Part 11 which provides for the abolition of various old Port Authorities. Clause 10 repeals various Port Acts.

Clause 13 inserts new section 13C which sets out the functions and powers of the SEC in relation to the ports. Clause 14 inserts new section 84A which establishes a Ports Fund. Clause 16 provides that the Treasurer may guarantee or indemnify the performance of obligation or liabilities of the SEC in relation to its ports functions.

The Committee makes no further comment.

URBAN LAND CORPORATION BILL

13.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Dr Denis Napthine MP on behalf of the Honourable Rob Maclellan MP with the Honourable Phil Honeywood MP.

13.2

The main purposes of the Bill are:-

• to establish the Urban Land Corporation; and
• to repeal the Urban Land Authority Act 1979.

13.1

Clause 4 establishes the Urban Land Corporation ("ULC"). Clause 6 sets out the functions of the ULC. Clause 9 is the delegation provision. The Committee notes the width of the delegation provision. The Committee will write to the Minister seeking his advice as to whether the class of people to whom the power is to be delegated can be specified.

Clause 10 provides that ULC may enter into joint ventures. Clause 14 sets out the duties of directors. Clause 18 requires ULC to prepare a corporate plan. Part 5 contains the financial provisions. Part 6 sets out the reporting requirements which include obligations pursuant to Part 7 of the Financial Management Act 1994. The annual report must include a copy of the statement of corporate intent last completed. Part 7 contains transitional and amending provisions.

The Committee makes no further comment.

UNIVERSITY ACTS (FURTHER AMENDMENT) BILL

14.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Phil Honeywood MP with the Honourable Jan Wade MP.

14.2

The main purpose of the Bill is to amend certain Acts establishing Victorian Universities.

14.3 Part 2 - Amendments to the Deakin University Act 1974

Clause 3 repeals a proviso to section 3(2) of the Deakin University Act 1974 which restricts the power of the University to dispose of real property without the consent of the Governor in Council. Clause 11 provides for approvals required for the University to dispose of real property. The Committee notes the comments in the Second Reading Speech:-

"Consideration of the existing university Acts has identified a number of areas where formal approvals are now required at levels which are beyond what is really necessary. To simplify procedures changes are to be made to require the approval of the Treasurer rather than the Governor in Council for borrowings within Loan Council limits, to require the approval of the Minister rather than the Governor in Council for approval of disposal of land, and to make those provisions the same for all the universities. The Review Committee recommended that approval by the Minister be required only for land granted to the University or acquired with Government funds and used for teaching purposes. However, this suggestion would create significant administrative difficulties and the revised provisions will require approval for disposal of land granted by the Government, or where the value of property exceeds $1.5m."

Clause 4 provides for a changed structure of membership of the University Council. Clause 8 amends the statement of responsibilities of the Council and the Academic Board. Clause 9 provides for the Minister to approve statutes made by the Council. The Committee notes the comments in the Second Reading Speech:-

"The mechanism for approval of Statutes is also being simplified. The recent Commonwealth review suggested removal of the requirement that Statutes by approved by the Governor in Council. The Review Committee in Victoria initially proposed retention of Governor in Council approval to preserve the opportunity for the Government to monitor significant changes in governance arrangements and other matters.

However, since the Review presented its report, the possibility has been raised as a result of considerations of some of the administrative responsibilities of the Governor in Council that this requirement might be reassessed. The Review Committee has been consulted and has advised that the necessity for Government oversight could be maintained by a simpler process involving approval by the Minister. His Excellency, the Governor of Victoria has agreed with this suggestion and changes being made to replace requirements for approval of Statutes by the Governor in Council with a requirement for approval by the Minister."

The Committee note the change in practice in relation to the approval of statutes. Previously, university statutes were approved by the Governor in Council. Pursuant to the amendments, the Minister will approve university statutes. The Committee will write to the Minister.

Clause 10 provides for the Treasurer to approve borrowings by the University. Clause 12 is a transitional provision.

14.4

Parts 3, 4, 5, 6, 7 and 8 make the same amendments to the La Trobe University Act 1964, the University of Melbourne Act 1958, the Monash University Act 1958, the Royal Melbourne Institute of Technology Act 1992, the Swinburne University of Technology Act 1992 and the Victoria University of Technology Act 1990.

The Committee makes no further comment.

ROAD TRANSPORT (DANGEROUS GOODS) (AMENDMENT) BILL

15.1

The Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Jeff Kennett MP with the Honourable Dr Denis Napthine MP.

15.2

The purposes of the Bill are:-

• to exclude certain classes of dangerous goods from the application of the provisions of the Road Transport Reform (Dangerous Goods) Act 1995 of the Commonwealth and the regulations under Part 2 of that Act that apply as laws of Victoria;
• to clarify the application in Victoria of those Commonwealth provisions;
• to enable fees permitted to be prescribed under that Commonwealth Act to be prescribed for Victoria under the Road Transport (Dangerous Goods) Act 1995.

15.3

Clause 4 clarifies the application of Commonwealth regulations in Victoria. Clause 6 amends section 9 so that certain provisions do not apply to the transport by road of explosives, radio-active substances and infectious substances. Clause 7 inserts new section 9A which sets out regulation making powers in respect of prescribing fees.

The Committee makes no further comment.

EDUCATION (WORK EXPERIENCE) BILL

16.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Dr Denis Napthine MP on behalf of the Honourable Phil Gude MP with the Honourable Phil Honeywood MP.

16.2

The purpose of the Bill is to amend the Education Act 1958 to make further provision for work experience arrangements.

16.3

Clause 4 enables the Minister for Education to approve a work experience arrangement for a pupil of or over the age of 21 years. Clause 5 provides that the Minister for Education may make an Order declaring certain classes of employment as having a higher than usual possibility of a pupil being exposed to the risk of physical injury. Clause 6 amends section 64N to enable a principal or head teacher to make a work experience arrangement with an employer for the placement of a student with an employer for specified periods during the school year. Clause 8 repeals section 64R which relates to the requirement for pupil employment arrangements affected by awards or industrial agreements to be the subject of consultation with the secretary of the Victorian Trades Hall Council. The Committee notes the comments in the Second Reading Speech:-

"Comments made by various groups to the independent review of the work experience provisions recommended that section 64R of the Education Act 1958 should be repealed. Discussions regarding the repeal of section 64R were held with the Trades Hall Council. As the Trades Hall Council does not have adequate resources to deal with work experience forms, schools should not be required to forward these forms to the Trades Hall Council."

The Committee makes no further comment.

HIRE PURCHASE (FURTHER AMENDMENT) BILL

17.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Jan Wade MP with the Honourable Phil Gude MP.

17.2

The purposes of the Bill are:-

• to amend the Hire-Purchase Act 1959 to limit its application to certain hire-purchase agreements;
• to amend the Goods Act 1958 to provide that a hirer of goods may recover any surplus if the goods are repossessed by the owner.

17.3

Clause 3 extends for two years, the operation of sections 24 and 25 of the Hire Purchase Act 1959 to hire-purchase agreements entered into after the commencement of this Bill. Clause 5 inserts new Part V into the Goods Act 1958 which sets out the rights of hirers under hire-purchase agreements.

The Committee makes no further comment.

HEALTH SERVICES (AMENDMENT) BILL

18.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Dr D Napthine MP with the Honourable Phil Honeywood MP.

18.2

The main purposes of the Bill are to amend the Health Services Act 1988:-

• to replace certain references to nursing homes and hostels; and
• to provide for offences in relation to supported residential services; and
• to extend the period for the commencement of proceedings in respect of certain offences to 3 years.

18.3 Clause 4 inserts various definitions into the Health Services Act 1988. Clause 8 transfers offences previously set out in the Health Services (Residential Care) Regulations 1991 into the Act.

The Committee makes no further comment.

COMMONWEALTH POWERS (FAMILY LAW-CHILDREN) (AMENDMENT) BILL

19.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Jan Wade MP with the Honourable Dr Denis Napthine MP.

19.2

The purpose of the Bill is to amend the Commonwealth Powers (Family Law--Children) Act 1986 to confer jurisdiction on the Commonwealth to make laws with respect to:-

• custody, guardianship and access matters in respect of ex-nuptial children who are subject to a child welfare law where the relevant State Minister or authorised person consents;
• maintenance for ex-nuptial children who are subject to a child welfare law; and
• declarations of parentage for Commonwealth purposes.

19.3

Clause 4 refers the powers set out above to the Commonwealth. Clause 5 replaces the Schedule to the Act to make it clear which child welfare laws operate to reserve the exclusive jurisdiction of the State except where the new section 3(2A) operates. Clauses 6 to 9 make consequential amendments to the Adoption Act 1984, the Maintenance Act 1958, the Marriage Act 1958 and the Status of Children Act 1974.

The Committee makes no further comment.

FINANCIAL INSTITUTIONS LEGISLATION (AMENDMENT) BILL

20.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Jan Wade MP with the Honourable Dr Denis Napthine MP.

20.2

The Bill makes various amendments to the Building Societies Act 1986, the Co-operative Housing Societies Act 1958 and the Financial Institutions (Victoria) Act 1992.

20.3

Clause 5 provides for the transfer of amounts standing to the credit of the Building Societies General Reserve Fund to the Supervision Fund established under the Financial Institutions (Victoria) Act 1992. Clause 7 amends section 17 of the Co-operative Housing Societies Act 1958 to provide that in all documents a reference to a society that was a party to a merger is a reference to the merged society. Clause 10 removes the right of appeal to the Queensland Supreme Court from decisions of the Australian Financial Institutions Appeals Tribunal under the Financial Institutions Scheme legislation of Victoria. The Committee notes the comments in the Second Reading Speech:-

"The amendments to the Financial Institutions (Victoria) Act 1992 repeal sections 14 and 15 of the Act in accordance with the resolution of the Ministerial Council for financial institutions that legislation in all states be amended to confer jurisdiction in respect of appeals from decisions of the Australian Financial Institutions Appeals Tribunal to local Supreme Courts only, instead of concurrently on the Supreme Court of Queensland and the local Supreme Court as is presently the case. Similar amendments have already been passed in South Australia, New South Wales, Tasmania and Western Australia."

The Committee makes no further comment.

FORESTS (DUNSTAN AGREEMENT) (AMENDMENT) BILL

21.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Pat McNamara MP with the Honourable Jeff Kennett MP.

21.2

The purpose of the Bill is to ratify a further agreement and to amend the Forests (Dunstan Agreement) Act 1987.

21.3

Clause 4 amends section 5 by inserting a provision which ratifies the Deed of Amendment. Clause 5 inserts a new provision which empowers the Victorian Plantations Corporation and A. Dunstan Timber Sales Pty Ltd to amend the Dunstan Agreement with the approval of the Minister. Clause 7 inserts the Deed of Amendment as Schedule 2 of the Principal Act.

The Committee makes no further comment.

DISABILITY SERVICES AND OTHER ACTS (AMENDMENT) BILL

22.1

This Bill was introduced into the Legislative Assembly on 17 September 1997 by the Honourable Dr Denis Napthine MP with the Honourable Phil Honeywood MP.

22.2

The purpose of the Bill is to amend the Adoption Act 1984, the Children`s Services Act 1996, the Community Services Act 1970, the Disability Services Act 1991 and the Intellectually Disabled Person's Services Act 1986.

22.3 Part 2 - Adoption Act 1984, Part 3 - Children's Services

Clause 3 inserts various definitions into the Adoption Act 1984. Clause 5 inserts new section 10A which relates to applications for adoption orders. Clause 8 abolishes the restrictions on age of adoptive parents. Clause 9 inserts new section 20A which governs determinations by the Director-General or an approved agency.

Clause 10 provides that if the Secretary to the Department of Human Services refuses to consider or defers an application on the ground that applicants have not been married or in a de facto relationship or in a traditional Aboriginal marriage for at least two years, an appeal cannot be made to the Administrative Appeals Tribunal against that decision. The Committee notes the comments in the Second Reading Speech:-

"Section 11 of the Act currently provides that a couple may only jointly adopt a child if they have been married for at least two years at the time the adoption order is to be made. This includes a duly solemnised marriage and also a traditional Aboriginal marriage. This provision applies to both local adoptions and intercountry adoptions.

This two year requirement is included in the Act to ensure that the relationship is stable, and that a child placed with such a couple will live in a secure environment."

Clauses 14 and 15 make minor amendments to the Children's Services Act 1996.

22.4 Part 4 - Community Services Act 1970, Part 5 - Disability Services Act 1991, Part 6 - Intellectually Disabled Persons' Services 1986

Clause 17 inserts section 6A into the Community Services Act 1970 which gives a general delegation power to the Minister for Youth and Community Services in respect of Acts within the Community Services portfolio. Clause 18 amends section 4 of the Disability Services Act 1991 to enable the responsible Ministers to approve funding to classes of people with disabilities, service providers or researchers. Clause 19 amends section 6 of the Disability Services Act 1991 by widening the Ministerial delegation power to enable the responsible Minister to delegate functions or powers to Departmental Officers as well as to the Secretary to the Department of Human Services. Clause 21 removes references to aversive therapy from section 44 of the Intellectually Disabled Persons' Services Act 1986.

The Committee makes no further comment

Committee Room
6 October 1997

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