Alert Digest No. 1
of 1998
17 March 1998
ARTS ACTS (STATUTE LAW REVISION) BILL
1.1
This Bill was introduced into the Legislative Assembly on 17 February 1998 by the Honourable Phil Gude MP with the Honourable Bill McGrath MP.
1.2
The Bill repeals two redundant sections of the Libraries Act 1988 and makes minor grammatical amendments to the National Gallery of Victoria Act 1966 and the Victorian Arts Centre Act 1979.
The Committee makes no further comment.
VALUATION OF LAND (AMENDMENT) BILL
2.1
This Bill was introduced into the Legislative Assembly on 18 February 1998 by the Honourable Phil Honeywood MP with the Honourable Tom Reynolds MP.
2.2
The purpose of the Bill is to amend the Valuation of Land Act 1960 to provide for municipal councils to make biennial valuations of land.
The Committee makes no further comment.
FIRE AND EMERGENCY SERVICES ACTS (AMENDMENT) BILL
3.1
This Bill was introduced into the Legislative Assembly on 18 February 1998 by the Honourable Bill McGrath MP with the Honourable Jan Wade MP.
3.2
The purposes of the Bill are to:—
- Allow industry brigades to join or form groups of brigades;
- Allow industry brigades to be represented on Fire Prevention Committees;
- To amend the Victoria State Emergency Service Act 1987 to require a controller or member or probationary member of the Service to produce medical evidence to satisfy the Director of their fitness;
- To make statute law revision changes.
3.3
Clause 5 provides for industry brigade groups to be represented on regional fire prevention committees. Clause 8 is a statute law revision amendment which has a retrospective effect. The Committee notes the comments in the Second Reading Speech:—
"The Fire Authorities (Contributions) Act 1989 sought to amend the provision relating to road accident rescue costs which were to be borne by the Transport Accident Commission. An incorrect reference was included in that Act, and should now be remedied. The effect will be to allow these costs to be charged to the user of the service which will include both the Transport Accident Commission and the Accident Compensation Commission. It is proposed further that this amendment should operate retrospectively from the date on which it was intended to take effect, namely the fifth of December 1989."
3.4
Clause 10 gives the Director the power to suspend or cancel the registration of membership of a unit controller, member or probationary member if he or she fails to provide satisfactory evidence of fitness after the Director has requested that evidence.
The Committee makes no further comment.
4.1
This Bill was introduced into the Legislative Assembly on 18 February 1998 by the Honourable Bill McGrath MP with the Honourable Jan Wade MP.
4.2
The purpose of the Bill is to amend the Firearms Act 1996.
4.3
Clause 4 amends various definitions. Clause 5 amends section 10 to provide for the prescription of additional reasons for applying for a category A or B longarm licence. Clause 6 amends section 11 to provide for the prescription of additional reasons for applying for a category C longarm licence. Clause 10 amends section 17 by requiring the Chief Commissioner to ensure that a longarm or handgun licence is not issued unless it is not against the public interest. Clause 12 amends section 12 to ensure that a junior licence is not issued unless it is not against the public interest. Clause 22 inserts new Division 6 in Part 3 to provide for the hiring and lending of firearms by licensed firearms dealers for film, television and theatrical purposes or for the purposes of an historical re-enactment. Clause 25 amends section 107 to require a 28 day waiting period for the issue of a permit to acquire a firearm where a person is acquiring their first firearm and to ensure in any other case that the permit is not issued until sufficient time has expired to allow the Chief Commissioner to consider the application properly. The Committee notes the comments in the Second Reading Speech:—
"The National Firearms Agreement required that there be a 28 day waiting period on the purchase of firearms to ensure that there is sufficient time for police checks on applicants. This is an important provision in the National Agreement. At the same time, I recognise that it is causing great inconvenience to firearms users and dealers. My principal concern in this matter is to ensure that someone without a firearm cannot buy one on the spur of the moment.
For people who already have a firearm and have not come to the attention of police, I am not convinced that they should have to wait 28 days in all cases to purchase another. The Bill provides that, where a person already has a firearm, the Chief Commissioner has the discretion to reduce the waiting period.
I trust that the Chief Commissioner will implement this provision in good faith and ensure that permits to purchase second and subsequent firearms are issued in good time. I also trust that people wishing to purchase firearms will understand that there are requirements in the Act that they will have to satisfy. These requirements cannot simply be put aside and they take time to administer."
4.4
Clause 30 makes it an offence for a firearms dealer licence holder to not securely store ammunition when the ammunition is not being carried or used. Clause 32 amends section 130 to provide the Chief Commissioner with the authority to allow persons to carry a loaded firearm and use a firearm in a town or populous place if it is consistent with the reason for which the licence was issued or if there is a significant public benefit to be obtained or if it is for the purposes of public safety. The Committee notes the comments in the Second Reading Speech:—
"The Firearms Act rightly makes it an offence to carry a loaded firearm or use a firearm in a town or populous place. There are, however, a number of occasions where this presents great difficulty. A number of my parliamentary colleagues in the Warrnambool and Hamilton areas will tell of the considerable damage large flocks of corellas and galahs have done in recent months to golf courses; both to the greens and to general foliage. This has amounted to thousands of dollars in damages.
In these cases it is simply a matter of public benefit that the Chief Commissioner be able to permit a licensed person to use a firearm to scare off the flock. The Bill enables the Chief Commissioner to allow a person to use a firearm inside a town perimeter in these kinds of cases where there is a significant public benefit or a significant public safety outcome and, where required, the shooter has the requisite permits issued by the Department of Natural Resources and Environment."
Clause 34 creates an offence for a person who knowingly makes a false or misleading statement. Clause 39 amends section 189 to allow persons who come under paragraph (d) of the definition of prohibitive person to apply to the court to be deemed not to be prohibited persons. Clause 40 amends schedule 2 to clarify the licence conditions applying to persons using black powder ball firing cannon. Clause 41 amends Schedule 3 to exempt persons of or over the age of 12 years and under the age of 18 years from licensing requirements where they carry and use handguns and category A,B longarms at approved shooting ranges by or under the immediate supervision of an appropriately licensed adult, for the purposes of receiving instruction. Clause 42 amends Schedule 4 to provide specific firearms storage standards for licensed firearms collectors. It also clarifies minimum weight for storage safes and storage standards for firearms heirloom licences.
The Committee makes no further comment.
HEALTH ACTS (STATUTE LAW REVISION) BILL
5.1
This Bill was introduced into the Legislative Council on 17 February 1998 by the Honourable Mark Birrell MLC.
5.2
The Bill makes statute law revision amendments to several Acts administered by the Minister for Health.
The Committee makes no further comment.
6.1
This Bill was introduced into the Legislative Assembly by the Honourable Tom Reynolds MP with the Honourable Phil Honeywood MP.
6.2
The purpose of the Bill is to reform the law relating to retail tenancies.
6.3 Part 2
Part 2 provides for retail premises leases. Clause 8 makes provision for disclosure statements. Pursuant to clause 9 the tenant is required to give to a prospective landlord a business plan. Clause 12 makes provision for rent review. Clause 16 imposes a six month requirement of the landlord’s intention with respect to the renewal of a lease. Clause 21 governs the apportionment of operating expenses. Clause 26 sets out the compensation payable by the landlord where there is interference with the flow of customers in respect of retail premises because of works or other matters. Clause 30 governs the relocation of a tenant.
6.4 Parts 3, 4, 5 and 6
Part 3 provides for the conciliation and arbitration of disputes. Part 4 provides for disclosure statements under franchise arrangements. Part 5 contains general provisions. Clause 49 is the regulation making provision. Part 6 contains consequential amendments and transitional provisions.
6.5 Alteration or variation of section 85 of the Constitution Act 1975 (Section 4d(b)(i) and (ii) of the Parliamentary Committees Act 1968)
Clause 48 declares the intention of sections 35(3) and 42 to alter or vary section 85 of the Constitution Act 1975.
Section 35(3)
Section 35(3) provides that subject to Part V of the Commercial Arbitration Act 1984, any dispute under the Retail Tenancies Reform Act 1998 is not justiciable in any court or tribunal. The Committee notes the comments in the Second Reading Speech:—
"The reasons for limiting the jurisdiction of the Supreme Court in these circumstances are as follows; firstly, in relation to limiting the court’s jurisdiction under clause 35(3), the intention has been to avoid costly and time consuming litigation in respect of a wide range of matters that are readily amenable to non-judicial determination."
The Committee is of the view that the proposed section 85 provision is appropriate and desirable in all the circumstances.
Section 42
Section 42 gives personal immunity to members of any panels acting in good faith as conciliators and arbitrators. The Committee notes the comments in the Second Reading Speech:—
"Secondly, in relation to the immunity provision in clause 42, it is not uncommon for a member of a tribunal or similar body to be afforded a measure of protection from legal proceedings in order to allow them to perform their duties properly and with confidence. Clearly defining the liability of panel members will enable them to act impartially without fear of prosecution knowing that their actions are supported by conventional guarantees against personal liability. This immunity is extended to all panel members, whether acting in the capacity of conciliator or arbitrator."
The Committee is of the view that the proposed section 85 provision is appropriate and desirable in all the circumstances.
TERTIARY EDUCATION (AMENDMENT) BILL
7.1
This Bill was introduced into the Legislative Assembly on 25 February 1998 by the Honourable Phil Honeywood MP with the Honourable Tom Reynolds MP.
7.2
The purpose of the Bill is to extend the application of the requirement to provide information to the Minister for the purpose of planning and co-ordinating higher education.
The Committee makes no further comment.
FINANCIAL MANAGEMENT (AMENDMENT) BILL
8.1
This Bill was introduced into the Legislative Assembly on 25 February 1998 by the Honourable Jeff Kennett MP with the Honourable Phil Gude MP.
8.2
The main purpose of the Bill is to amend the Financial Management Act 1994 with respect to accrual output budgeting.
8.3
Clause 6 substitutes a new section 13 which requires the Minister to ensure that a public ledger is maintained. Clause 9 amends section 25 to broaden the reporting requirements in the Annual Financial Statement. Clause 10 amends sections 28 and 29 to reflect the adoption of accrual output budgeting and appropriation. Clause 11 substitutes new sections 30 to 36 to enable transfer between items of departmental and Parliamentary appropriation. Clause 13 inserts a new section 44A which requires the accountable officer of a public body to provide any financial information requested by a relevant Minister or the Minister administering the section. Clause 15 amends section 59 to ensure that the regulation making power extends to money in a Trust Account in the Trust Fund that is established by or under another Act. Clause 17 is a transitional provision.
The Committee makes no further comment.
PUBLIC PROSECUTIONS (AMENDMENT) BILL
9.1
This Bill was introduced into the Legislative Assembly on 25 February 1998 by the Honourable Jan Wade MP with the Honourable Tom Reynolds MP.
9.2
The main purpose of the Bill is to amend the Public Prosecutions Act 1994 so as to enable the Director of Public Prosecutions—
- to delegate his or her power to enter a nolle prosequi in criminal proceedings or consent to the commencement of certain criminal proceedings or act as a member of a Director’s Committee;
- to indemnify a witness against prosecution in certain circumstances or give an undertaking to a witness that evidence given in a specified proceeding will not be used against him or her in a criminal proceeding;
- to take over and conduct certain proceedings in respect of indictable offences;
- to institute or be a party to certain civil proceedings.
9.3
Clause 4 enables the Director of Public Prosecutions (DPP) to take over and conduct any summary or indictable proceedings other than private prosecutions brought under the grand jury procedure provided for by section 354 of the Crimes Act 1958. Clause 5 gives the DPP the power to institute, prepare and conduct or be a party to proceedings which are civil in nature. Clause 6 gives the DPP the power to grant an indemnity from prosecution. Clause 7 provides that the DPP and the Chief Crown Prosecutor can delegate their functions and powers for a period of two weeks to specified persons in the event of illness or an emergency. Clause 8 provides that the DPP may delegate his or her powers to enter certain nolle prosequis to consent to the bringing of certain proceedings.
The Committee makes no further comment.
10.1
This Bill was introduced into the Legislative Assembly on 25 February 1998 by the Honourable Marie Tehan MP with the Honourable Pat McNamara MP.
10.2
The purpose of the Bill is to make provision for the naming of places and the registration of place names and to amend the Survey Co-ordination Act 1958 and the Local Government Act 1989.
10.3
Clause 5 provides that the Governor in Council on the recommendation of the Minister by Order published in the Government Gazette may make guidelines relating to the procedures for the naming of places. Clause 7 provides for the appointment of a Registrar of Geographic Names. Clause 9 establishes a Register of Geographic Names.
Clause 14 provides that the Minister may maintain a panel of persons for appointment as members of Committees. Clause 17 deals with pecuniary interests. Clause 19 is the regulation making provision. Clauses 20 to 24 are transitional provisions and also contain consequential amendments.
The Committee makes no further comment.
SUMMARY OFFENCES (AMENDMENT) BILL
11.1
This Bill was introduced into the Legislative Assembly on 25 February 1998 by the Honourable Jan Wade MP with the Honourable Phil Gude MP.
11.2
The purpose of the Bill is to amend the Summary Offences Act 1966 with respect to habitual drunkenness and making a false report to police.
11.3
Clause 4 repeals the penalties for habitual drunkenness. Clause 5 makes various amendments with respect to the making of false reports to police including:—
- raising the maximum penalty;
- allowing the court to order reimbursement of expenses incurred by the State irrespective of whether a conviction has been recorded;
- providing that the court may make instalment orders for the reimbursement of expenses.
The Committee makes no further comment.
12.1
This Bill was introduced into the Legislative Assembly on 25 February 1998 by the Honourable Phil Gude MP with the Honourable Jan Wade MP.
12.2
The main purpose of the Bill is to amend the Education Act 1958 to provide for the disqualification from teaching of teachers found guilty of sexual offences involving children.
12.3
Clause 3 inserts a definition of sexual offence in section 35 of the Act dealing with sexual offences against or involving children. Clause 5 inserts new section 41A which provides for automatic disqualification from teaching if a person is convicted or found guilty of a sexual offence. Clause 6 amends section 43 to provide that the Registered Schools Board may cancel the registration of a school if the employing authority of the school employs as a teacher a person it knew was disqualified from teaching under section 41A. Clause 7 amends section 44 to make it an offence if a person disqualified from teaching under section 41A teaches any subject in a school.
- Alteration or variation of section 85 of the Constitution Act 1975 (section 4D(b)(i) and (ii) of the Parliamentary Committees Act 1968
Clause 8 inserts new subsection (2) into section 81A to declare the intention of section 38 to alter or vary section 85 of the Constitution Act 1975. Clause 4 substitutes new section 38 to provide that disqualified teachers are not entitled to recover any amounts for services rendered as a teacher in a school in respect of any period during which the person—
- Was not a registered teacher; or
- Had not obtained the express permission of the Board to teach in a school; or
- Was disqualified from teaching under section 41A(3).
The Committee notes the comments in the Second Reading Speech:—
"Clause 8 of the Bill inserts a new section 81A(2) in the Education Act 1958 which states it is the intention of the proposed section 38 of that Act to alter or vary section 85 of the Constitution Act 1975. The proposed section 38 provides that a person is not entitled to recover in a court of law for services rendered during any period the person was an unregistered teacher, or did not have the permission of the Board to teach, or who was disqualified from teaching under section 41A(3). The reasons for altering or varying section 85 of the Constitution Act 1975 are as follows:—
- First, a person fitting any of the above categories should not be teaching any subject in a non government school, and he or she should not have any right to payment for services rendered in breach of what in essence is a disqualification.
- Secondly, the inability to sue for payment for services rendered as a teacher in breach of the disqualification is the same inability that presently applies under section 38 of the Education Act to deregistered teachers or teachers who do not have the permission of the Board to teach. Furthermore, it should also provide an incentive to disqualified teachers not to continue in employment as a teacher after the date of their conviction and disqualification."
The Committee is of the view that the proposed section 85 provision is appropriate and desirable in all the circumstances.
TRANS-TASMAN MUTUAL RECOGNITION (VICTORIA) BILL
13.1
This Bill was introduced into the Legislative Assembly on 25 February 1998 by the Honourable Jeff Kennett MP with the Honourable Phil Gude MP.
13.2
The purpose of the Bill is to adopt the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth. The Committee notes the comments in the Second Reading Speech:—
"The Bill is a direct result of the Trans-Tasman Mutual Recognition arrangement signed by all Australian Heads of Government at the meeting of the Council of Australian Governments held on 14 June 1996 and signed by the Prime Minister of New Zealand on 9 July 1996. The intention of the arrangement is to extend the mutual recognition principle to New Zealand. The arrangement and the Bill have their basis in the mutual recognition agreement established by the Commonwealth and the Australian States and Territories in 1992. That agreement and the Commonwealth Act which gave effect to it (the Mutual Recognition Act 1992) removed regulatory barriers to the movement of goods and service providers between the Australian jurisdictions. The arrangement extends the mutual recognition principle to New Zealand in relation to New Zealand goods and occupations."
The Committee makes no further comment.
Committee Room
17 March 1998
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