Alert Digest No. 2 of 1999
13 April 1999

The Bill was introduced into the Legislative Assembly on 24 March 1999 by the Honourable Jan Wade MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 25 March 1999.

The Bill amends the Coroners Act 1985 (the Act). The main purposes of the Bill are to:- invest the State Coroner with the jurisdiction to re-open inquests in certain limited circumstances; repeal the provisions in the Act relating to the holding of inquests with juries; confer on coroners a power to award costs; and amend the objects and functions of the Victorian Institute of Forensic Medicine.

Clause 2 sections 1, 2 and 3 come into operation on Royal Assent and the remaining provisions come into operation on 1 July 1999.

Clause 4 inserts new definitions for ‘legal practitioner’, ‘public statutory authority’, ‘tissue’, ‘person held in custody’ and ‘reportable deaths’.

Clause 5 [see 1.4 below]

Clause 6 amends section 15 to remove the obligation on a coroner to investigate or hold an inquest into a death occurring in another State or Territory if an investigation or inquest is held in that State or Territory. Where a death occurs overseas, the amendment gives the coroner a discretion to investigate or hold an inquest into such a death.

Clause 7 amends section 17 of the Act and removes the obligation on coroners to hold inquests in certain circumstances into deaths of persons ordinarily resident in Victoria occurring in another State or Territory or overseas. A coroner may still do so, or may be directed by the Attorney-General to do so.

Clause 8 repeals provisions of the Act that refer to coroners inquests held before a jury.

Clause 9 amends sections 18 and 35 of the Act and extends the time within which a coroner may respond to a request to hold an inquest from seven days to ‘a reasonable time’. If the coroner does not respond within three months of the request an application may be made to the Supreme Court for an order that an inquest be held.

Clause 10 repeals section 19(1)(e) of the Act and makes it discretionary to name a person who contributed to a death. The provision to be repealed requires the coroner to identify any person contributing to the cause of death of a person. A coroner investigating a death is still obliged to find, if possible, how death occurred and the cause of death.

Clause 11 amends sections 21(2) and 38(2) to enable the coroner to make recommendations to any Minister or public authority on any matter connected with a death or fire which the coroner has investigated. The current provision only allows the coroner to report such death or fire to the Attorney-General.

Clause 12 inserts new sections 49 and 50 in the Act permitting coroners a limited power to award costs against a person or their legal representative if the person or legal representative has unreasonably delayed an inquest.

Clause 14 inserts new sections 59A and 59B allowing the State Coroner to re-open an inquest and to order that certain inquiry findings are void. This may occur where there is an error in the record of the finding or because of new facts or evidence. If the State Coroner refuses, a person may apply to the Supreme Court to obtain such an order.

Clause 15 [ see 1.4 below]

Clause 16 inserts a new section 64(2)(i) into the Act providing the Victorian Institute of Forensic Medicines (VIFM) the power for the storage of human tissue taken in accordance with the Human Tissue Act 1982 from deceased persons. Clause 17 validates past action taken by VIFM under section 64(2)(i), as though that section had been in force when the action was taken. Clause 18 deals with transitional matters and provides that the amended sections 17, 18, 19 and 35 of the Act only apply to deaths or fires occurring after the commencement of the amendments made by this Bill.

Clause 5 amends section 5 of the Act and provides that the provisions of the Coroners Act 1985 apply to a re-opened or a new inquest in cases where the original inquest was held or completed by a coroner under the Coroners Act 1958. Clause 15 inserts a new section 62A into the Act and declares that it is the intention of section 5 to alter or vary section 85 of the Constitution Act 1975.

The Committee notes the comments in the Second Reading Speech:-

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 24 March 1999 by the Honourable Phil Gude MP with the Honourable Jan Wade MP. The Second Reading Speech was delivered on 25 March 1999.

The Bill amends the Education Act 1958 and the Teaching Service Act 1981. The main purposes of the Bill are:- to make further provision for the registration of schools; to widen the application of section 84 of the Education Act 1958 to ministerial Orders made under section 15T of that Act; and to make further provision for appointments to vacant offices in the teaching service.

Clause 2 the provisions in the Bill commence operation on Royal Assent.

Clause 3 provides new definitions in the Act for ‘Melbourne Statistical Division’ and ‘ ‘Urban Centre’.

Clause 4 amends section 42 of the Act to state the areas in which primary schools may be registered provided they have more than 10 pupils. Clause 5 amends section 43(1A) of the Act to state the areas in which primary schools with less than 10 pupils may remain registered if the Registered Schools Board is satisfied the low enrolment is due to special circumstances of a temporary nature.

The Committee notes the comments in the Second Reading Speech:-

Clause 7 inserts a new definition for ‘efficiency’ in section 2 of the Act. Clause 9 inserts a new section 4B in the Act to provide that relative efficiency is the criterion to apply when selecting persons for appointment to offices in the Teaching Service. Clause 11 substitutes a new section 9(1) and 9(2) in the Act to provide that relative efficiency is the criterion to apply when selecting persons for appointment to temporary positions in the Teaching Service. The effect of the amendment is to repeal the provisions giving existing officers an advantage in applying for appointment to an office in the teaching service.

The Committee notes the comments in the Second Reading Speech:-

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 24 March 1999 by the Honourable Jan Wade MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 25 March 1999.

The Bill re-enacts with amendments, laws relating to trading practices and makes new provisions concerning deceptive, misleading or unconscionable trading practices. The Bill repeals the Consumer Affairs Act 1972, the Ministry of Consumer Affairs Act 1973, the Fair Trading Act 1985 and the Market Court Act 1978.

The Bill promotes and encourages fair trading practices and a competitive and fair market; regulates trade practices; provides for the safety of goods and services supplied in trade and commerce; regulates off-business-premises sales and lay-by-sales; provides for codes of practice; and establishes the Office of the Director of Fair Trading.

The Committee notes the background to the Bill in the Attorney-General’s Second Reading Speech:-

Clause 2 Part 1 commences operation on Royal Assent. The remaining provisions commence on a day or days to be proclaimed, but not later than by 1 February 2000.

Clause 5 the Act binds the Crown.

Clause 5 sets out the circumstances under the Act in which a representation about a future matter is deemed to be misleading.

Clause 6 gives the Act extraterritorial effect. The Act covers circumstances where the conduct occurs outside Victoria but involves a body corporate whose principal place of business is in Victoria or conduct by a person ordinarily resident in Victoria.

Clauses 7 to 32 deal with various forms of misleading and deceptive conduct. In particular clauses 7 and 8 provide that a person must not in trade or commerce engage in unconscionable conduct and 8(2) provides a guide as to the criteria used in assessing whether conduct is unconscionable; clause 13 deals with misleading conduct in relation to an offer of employment; clause 14 deals with false testimonials; clause 17 bait advertising; clause 22 deals with pyramid selling; and clauses 23 to 27 relate to the provision of unsolicited goods and services.

Clauses 33 to 58 deal with aspects of the supply of goods and services which do not comply with safety standards, and include matters such as:- prescribed safety standards; ban orders; voluntary recall of goods; compulsory recall of goods; repair and replacement of goods recalled; loss and injury or damage arising out of supply of dangerous goods; and services and warning notices to the public in respect to dangerous goods and services. Clause 57 allows the VCAT to review a decision to make an interim or permanent ban order or issue a compulsory recall order.

Clause 59 lists the circumstances where the division does not apply, including where the goods or services are valued below $50, the sale of a motor car, a major domestic building contract, to a purchaser who is a body corporate, a contract for the sale of land. Clause 60 defines a contact sales agreement as one occurring off-business-premises such as in a private residence, not being the business premises of the supplier or the workplace of the purchaser. Clauses 61 to 68 deal with compliance requirements related to contact sales. Clause 68 defines a non-contact sales agreement being sales made otherwise than in the presence of both the supplier and purchaser. Clauses 69 to 75 deal with the compliance requirements of non-contact sales.

Clause 76 deals with the duty of a potential supplier to immediately leave the premises when requested to do so by an occupier or person who has the authority of the occupier. Clause 77 a supplier must produce evidence of identity on first entering into negotiations and then at any time after that on request by the person with whom negotiations are being conducted (Penalty: $12,000/120 p.u. fine ($24,000/ 240 p.u.fine for a body corporate). The identification must show the persons name, the business name and either the business or residential address of the person

Clause 78 a supplier must cease negotiations on the telephone if and when requested by the prospective purchaser and refrain from further contact with that purchaser for 30 days thereafter (Penalty: $6,000/ 60 p.u. fine ($12,000/120 p.u.fine for a body corporate).

Clause 79 prohibits the sale by the supplier, of a purchaser’s trade-in during the cooling-off period. Clause 81 prohibits a contract varying, limiting, excluding or restricting a purchaser’s rights during a cooling-off period.

Clause 82 a supplier or purchaser may apply to any court or the Tribunal for a determination of any amount payable upon cancellation of an agreement under the Part.

Clauses 83 to 93 deal with compliance requirements for lay-by contracts and supplier and purchaser remedies on cancellation of such contracts.

Clause 94 allows for the preparation by the Director of Fair Trading, with the approval of the Minister or as the Minister directs, codes of fair trading between a particular class of suppliers and any purchasers or between a particular class of persons and a particular class of purchasers or in relation to the supply of a particular kind of goods and services.

Clause 95 where suppliers of goods or services have agreed to abide by a code of practice the Director may submit the code and any recommendations to the Minister for consideration.

Clause 96 the Minister may recommend that regulations be made prescribing codes of practice. Clause 97 a person must comply with a prescribed code of practice (Penalty: $2,000/ 20 p.u. fine).

Clauses 98 to 100 establish the Director of Fair Trading (the Director), staff of the Office and the Director’s functions and powers.

Clause 101 allows the Director in the administration of the Act to delegate any power or function other than the power of delegation to any person employed under Part 3 of the Public Sector Management and Employment Act 1998 (being any employee of the public sector).

Clauses 103 to 106 deal with making complaints and the powers of the Director to refer the complaint to conciliation and to institute or defend proceedings on behalf of other persons. Where the Director takes such a course the Director may settle the proceedings and take steps to enforce any judgment obtained on behalf of that other person.

Clauses 107 and 108 defines a ‘fair trading dispute’ for the purposes of the jurisdiction of the Tribunal (the Victorian Civil and Administrative Tribunal) and empowers the Tribunal to hear and determine disputes.

Clause 110 provides that the jurisdiction of the Tribunal arises only on the application of a party to the dispute or the Director on behalf of a party.

Clause 111 provides that where the Tribunal has jurisdiction and a proceeding is first commenced in the Tribunal and is not struck out or withdrawn the matter is not justiciable by a Court. [3.4 provides details in respect to a section 85 Constitution Act 1975 statement].

Clause 112 where a proceedings is commenced in a court the court may stay the proceeding if the dispute is more appropriately dealt with by the Tribunal. The court must consider factors such as costs and the duration of the proceedings and any material advantage or disadvantage that may be gained or suffered by a party if the proceedings are determined by the Tribunal. [3.4 provides details in respect to a section 85 Constitution Act 1975 statement].

Clause 113 the tribunal may hear and determine a dispute notwithstanding any pending or outstanding criminal proceedings, sentence, disciplinary action or charges.

Clause 114 provides for the appointment of inspectors;. clause 115 inspectors are to be issued with identity cards; and clause 116 must produce the identity card before exercising powers under this Part or produce it at any time on request during the exercise of powers under this Part.

Clause 117 an inspector may, on reasonable grounds, apply to the Magistrates’ Court for an order requiring any person to answer orally, or in writing, any questions put by an inspector in relation to an alleged contravention, or to supply orally or in writing information required by an inspector in relation to an alleged contravention or, to produce a specified document or documents of a specified class required by the inspector in relation to the alleged contravention. Inspectors must comply with certain requirements in relation to the execution of an order made under this section.

Clause 118 allows the Director or an inspector with the consent of the Director, to require a publisher to provide published information in any format in which the publisher retains it, such as computer records.

Clause 119 deals with entry by an inspector with the consent of the occupier of the premises. Inspectors have powers to search, seize, examine and inspect anything found at the premises and make copies of extracts and documents found on the premises. Clause 120 an inspector may enter and inspect any part of a premises, which at the time of the entry, is open to the public and may purchase anything on such a premises.

Clause 121 deals with emergency entry and search at any time whether the owner or occupier is present or not, in circumstances where the inspector believes on reasonable grounds that there is evidence on the premises of dangerous goods being supplied to members of the public in contravention of a ban order. In such circumstances an inspector may seize goods, secure goods against interference, require the occupier to remove the goods, examine and take samples of the goods and make copies or take extracts of documents on the premises and may prohibit the goods from being removed from the premises for up to 3 days.

Clause 122 deals with applications for search warrants on oath to a Magistrates’ Court.

Clause 123 and 124 makes provision for the standard requirements in executing search warrants such as announcement (if practicable) before entry and details of the warrant to be given to the occupier.

Clause 125 allows an inspector executing a search warrant, to seize or take samples of things not described in the search warrant, if the inspector believes on reasonable grounds that the thing or sample is of a kind that could have been included in a search warrant, and that the seizure or sample will afford evidence of a contravention of any Act specified in Schedule 1 or where the inspector believes that it is necessary to seize that thing to prevent its concealment, loss or destruction or its use in the contravention of this Act or of a Schedule 1 Act.

Clause 126 allows an inspector executing a warrant to place an embargo on the removal of goods that cannot be readily removed. It is an offence to move, transfer deal with or dispose of embargoed goods. An embargo notice affixed to the goods under this section is not limited to a three (3) day time limit, as is the case in clause 121 (emergency entry).

Clauses 128 and 129 an inspector may only retain seized documents or things for three months but may apply to the Magistrates’ Court for an extension of time.

Clause 130 if an inspector intends taking a sample the inspector must advise the person in possession of the sample the reason why a sample is being taken. The inspector must give a part of that sample to that person.

Clause 131 to the extent that it is reasonably necessary to determine compliance with the Act or the regulations an inspector may require a person to assist with inquiries by answering questions either orally or in writing, producing documents and giving any other reasonable assistance to the inspector.

Clause 132 it is an offence to fail, without reasonable excuse, to comply with a requirement under this Part (Penalty: $6,000/ 60 p.u. fine).

Clause 133 deals with the protection against self-incrimination, and provides:-

1. It is a reasonable excuse for a natural person to refuse or fail to give information or to do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that thing would tend to incriminate the person.
2. Despite sub-section (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person.

Clauses 134 to 136 respectively create offences to give false or misleading information, hinder or obstruct inspectors and to impersonate an inspector (Penalty: $6,000/60 p.u. fine).

Clause 141 creates an offence for an inspector to directly or indirectly give information to any other person, obtained in carrying out functions under the Act, otherwise than as permitted by the Act, for example, an order of a court or tribunal or with the consent of the person to whom the information relates.

Clause 142 provides that a prosecution for an offence under the Act may be commenced not more than 3 years after the commission of the offence.

Clauses 143, 144 and 145 deal with offences by bodies corporate, the imputation of state of mind of bodies corporate and liability of bodies corporate or employers for the acts of others.

Clauses 146 to 154 deal with remedies available under the Act including:- the giving of undertakings in respect to contraventions under this Act or any of the Schedule 1 Acts; injunctions and interim injunctions restraining a person from engaging in certain conduct. Both types of injunction may be applied for ex parte. The court has power to make orders requiring the publication of correcting advertising, and orders prohibiting certain payments of money or the transfer of property.

Clause 155 deals with defences including reasonable mistake of fact, reasonable reliance on information supplied by another, the taking of reasonable precautions and the exercise of due diligence by the defendant.

Clause 156 provides that in proceedings under the Act, evidence of certain matters, in the absence of proof to the contrary, is evidence or proof of certain other matters.

Clause 158 lists the type of orders that may be made where a court or the Tribunal finds that there has been a contravention of the Act. Orders may include, compensation, voiding contracts or certain provisions in contracts, varying contracts, payment of damages, orders to repair or to supply services under the contract.

Clause 159 provides that an action for damages may be commenced within six (6) years of the accrual of the cause of action (it is 3 years for a criminal prosecution).

Clause 160 allows for an award of compensation, as part of the courts civil jurisdiction, in addition to other penalties under the Act for humiliation or distress caused by the conduct constituting the offence.

Clause 161 provides that at the request of the prospective purchaser, the supplier must give the purchaser a document containing certain particulars describing the goods and/or services in readily understandable English language. Clause 162 requires that a person who repairs or removes certain parts from goods must offer to return those parts to the owner and must return them if asked to do so by the owner within a reasonable time after returning the goods to the owner.

Clause 165 allows the Governor-in-Council to make regulations for the purposes of the Act including a fine of up to $2,000/20 p.u. for a contravention of the regulations.

Clauses 166 to 169 repeal the Acts mentioned in the long title of the Bill (shown at 3.3 above).

Clause 170 provide for savings and transitional provisions in the form of Schedule 3 to the Act.

Clause 164 of the Bill provides that it the intention of sections 111 and 112 (clauses 111 and 112 of the Bill) to alter or vary section 85 of the Constitution Act 1975.

The Committee notes the comments in the Second Reading Speech:-

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 24 March 1999 by the Honourable Alan Stockdale MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 25 March 1999.

The Bill establishes the Government Superannuation Office (the GSO) and facilitates the transfer of the Victorian Superannuation Fund to Commonwealth supervision. The Bill repeals the Public Sector Superannuation (Administration) Act 1993 and makes consequential amendments to other Acts.

The Committee notes the comments in the Second Reading Speech:-

Clause 2 provides that sections 30 and 48 come into operation on Royal Assent. The remaining provisions come into operation on 1 July 1999.

Clause 5 the GSO is established as a body corporate. Clauses 6 to 27 deal with the administration of the office, board of directors, meetings, staff, functions and other like matters.

Clause 28 provides that on the commencement of the Act the GSO assumes all of the powers, duties, obligations and rights of the Victorian Superannuation Board in respect of the State Superannuation Fund and the MTA Superannuation Fund.

Clause 29 provides for the transfer of staff to the GSO and that staff of the former Victorian Superannuation Board are to be employed under the Act on terms and conditions no less favourable than immediately before the commencement of the Act.

Clause 30 provides for the transfer of designated staff from the Victorian Superannuation Board to VicSuper Pty Ltd, the new trustee of the Victorian Superannuation Fund. Such staff will be offered employment from VicSuper Pty Ltd and to elect in writing, within 14 days of receipt of the offer, to accept or reject the offer. If the offer is accepted, the person must resign as a member of staff of the Victorian Superannuation Board, but retains entitlement to all accrued long service leave, annual or sick leave. If the offer is rejected, the person’s employment may be terminated by the Chief Executive Officer of the Office.

Clauses 33 to 41 provide for the transfer of administration and staff from declared public sector superannuation funds to the GSO. Staff are to be employed on terms no less favourable than prior to the transfer and are entitled to all accrued benefits arising from prior employment.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 24 March 1999 by the Honourable Jan Wade MLA with the Honourable Phil Gude MLA. The Second Reading Speech was delivered on 25 March 1999.

The Bill amends the Legal Practice Act 1996 by altering the practising certificate year from the calendar year to the financial year and introduces other measures.

Clause 2 saving Part 2, the provisions in the Bill commence operation on Royal Assent. Part 2 commences on 15 August 1999.

Clause 4 provides a new definition for ‘practising certificate year’.

Clause 5 practising certificates will run for the financial year from 1 July in each year to the following 30 June, instead of for the calendar year. Initially the new provisions will commence on 1 January 2000 and end on 30 June 2001, a period of 18 months, being the transition period. Following this transition period certificates will be issued for the financial year.

The Bill also allows for the appointment of additional deputy registrars (clause 17) and provides that practitioners specify on their practising certificate application forms, which roll they wish to entered on for the purpose of Legal Practice Board elections (clause 14). Voting in such elections remains voluntary.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 24 March 1999 by the Honourable Alan Stockdale MLA with the Honourable Phil Gude MLA. The Second Reading Speech was delivered on 25 March 1999.

The Bill amends the Office of the Regulator-General Act 1994 (the Act) to provide for certain procedural matters relating to appeal panels.

Clause 2 provides that the provisions in the Bill commence operation on Royal Assent.

Clause 4 substitutes a new section 37(2) and provides that the grounds for appeal are:- (a) there has been bias; or (b) the determination is based wholly or partly on an error of fact in a material respect. By comparison the existing provision in part (b) is "the facts on which the determination is based have been misinterpreted."

Clause 7 inserts a new section 38A, 38B and 38C into the Act dealing respectively with:- split decisions of an appeal panel; disclosure of certain interests by appeal panel members; and the process to be followed should a panel member become unavailable during the appeal process.

Clause 9 provides for transitional arrangements for appeals commenced before these amendments take effect. The provisions of the Act in existence prior to the amendments made by the Bill continue to apply to those appeals.

Clause 10 makes consequential amendments to the Gas Industry Act 1994 and the Gas Pipelines Access (Victoria) Act 1998.

Clause 11 provides for miscellaneous statute law revision amendments.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 24 March 1999 by the Honourable Jan Wade MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 25 March 1999.

The Bill amends the Sentencing Act 1991 (the Act) so as to:- enable the Magistrates’ Court to defer the sentencing of certain offenders; and make further provision with respect to the conditions and enable the variation of a combined custody and treatment order; allow conditions to be imposed under an intensive correction order for a period shorter than the duration of the order; and enable medical reports to be attached to victim impact statements.

The Bill also makes amendments to the Children and Young Persons Act 1989 so as to widen the sentencing options available on dealing with a breach of the conditions of a temporary leave permit.

Clause 2 sections 1, 2, 16, and 17 come into operation on Royal Assent. The remaining provisions commence on proclamation, but not later than by 1 January 2000.

Clauses 4 and 9 respectively insert new sections 7(2) and 83A into the Act and deal with the deferral of sentencing for young offenders aged between 17 and 25.

Sentencing may be deferred for up to 6 months to enable the offender to deal with the contributing factors to their offending behaviour. This sentencing disposition is only available to the court if the offender consents to a deferral order being made. The offenders release on deferral may be conditional or unconditional. On the return date the court may have regard to the offenders behaviour during the deferral period for the purpose of sentencing. The offender may be brought back to court for sentencing if during the deferral period the offender re-offends or breaches a condition.

The amendment will not effect the operation of any requirement imposed on a Magistrates’ Court under the Act or any other Act to impose a disqualification, cancellation or suspension, or make any other order in respect of an offence, for example in respect to a driver’s licence or permit.

The Committee notes the comments in the Second Reading Speech:-

Clause 5 makes a number of amendments to the provisions in the Act relating to ‘Combined custody and treatment orders’. A new section 18R(1)(ab) is inserted providing that while serving a sentence in custody the offender must undergo treatment for alcohol or drug addiction as directed by a prescribed person or a member of a prescribed class of persons under the regulations.

An amendment to section 18S(1)(a) will ensure that the court can direct an offender to submit to testing for alcohol or drug use whilst in custody and not, as currently, whilst they are serving part of the sentence in the community.

Amendments to section 18W relating to breach of a combined custody and treatment order will mean that an offender breaching such an order will be required to serve out the whole of the sentence in custody, unless a court is of the view that it would be unjust to do so due to exceptional circumstances arising since the order was originally made.

Clause 6 inserts a new section 18VA into the Act to allow for variations or cancellations to be made in a combined custody and treatment order, for example where there are materially changed circumstances or where the offender is no longer willing to comply with the order. The extent to which the offender has complied with the order will be taken into account in the re-sentencing of the offender.

Clause 7 makes amendments to the intensive correction orders provisions in the Act and allow for some of the conditions attached to such orders to be shortened so that they will not necessarily need to run for the full length of the order. The amendment also clarifies that a breach of a core condition of an intensive correction order may be committed within or outside Victoria.

Clause 8 amends provisions related to community based orders and clarifies the core condition of the order is the non-commission of further offending in or outside Victoria.

Clause 10 inserts a new section 86(6A) into section 86 of the Act, providing that the court has power to appoint a litigation guardian in respect of compensation applications brought under section 86 of the Act by children or other persons under a disability. It also enables the court to administer compensation monies awarded to children and persons under a disability.

Clause 11 amends section 86(9) of the Act allowing a court considering an application for compensation under the section, to have regard to any victim impact statement, including any medical report attached to such a statement which had been made available to the court at the time of sentencing.

Clause 12 allows a court a discretion in special circumstances to make a costs order in respect to compensation applications made under section 86.

Clause 13 inserts a new section 95BA into the Act and allows medical reports to be attached to victim impact statements. Clause 14 amends section 95B(2) and allows the court to have supervisory powers over the content of a report and the procedure to be employed in presenting the contents as evidence in court.

In respect to clauses 11 to 13 the Committee notes the comments made in the Attorney-General’s Second Reading Speech:-

Clause 17 amends section 256(10) of the Children and Young Persons Act 1989 and provides for an alternative penalty of detention in a youth training centre to the existing imprisonment penalty. The amendment will apply only to offences committed after the amendment commences operation.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 24 March 1999 by the Honourable Alan Stockdale MLA with the Honourable Phil Gude MLA. The Second Reading Speech was delivered on 25 March 1999.

The Bill makes miscellaneous amendments to specified Superannuation Acts, including amendments to ensure compliance with the latest Commonwealth preservation standards to apply from 1 July 1999. The new standards require all growth to a superannuation benefit from that date, whether through contributions, earnings or accruals, to be preserved until the minimum preservation age is reached, or upon prior death, disability or early release due to severe financial hardship or on compassionate grounds. The preservation age is 55 years of age for persons born before July 1960, increasing by one year up to 60 years of age for persons born after 30 June 1964.

The new preservation standards will apply to all Victorian public sector superannuation schemes through the current legislative mechanism of raising a Order in Council to specify the preservation standards to apply from 1 July 1999.

The Bill also amends the Magistrates’ Court Act 1989 in relation to the pension entitlements of the Chief Magistrate.

The Bill amends the:-

• Emergency Services Superannuation Act 1986
• Magistrates’ Court Act 1989
• Parliamentary Salaries and Superannuation Act 1968
• Public Sector Superannuation (Administration) Act 1993
• State Employees Retirement Benefits Act 1979
• State Superannuation Act 1988
• Superannuation ( Portability) Act 1989
• Transport Superannuation Act 1988

Clause 2 saving Part 3, the provisions in the Bill come into operation on Royal Assent. Part 3 is deemed to have come into operation on 7 May 1996.

Clauses 5 and 6 make amendments to the Magistrate’ Court Act 1989 to provide that the Chief Magistrate is to receive pension entitlements equivalent to those of a County Court judge. The amendment is retrospective to 7 May 1996 coinciding with the date the present Chief Magistrate took office. The Committee notes the comments of the Attorney-General in the Second Reading Speech:-

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 24 March 1999 by the Honourable Jan Wade MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 25 March 1999.

The Bill regulates the installation; use and maintenance of audio, optical and tracking surveillance devices; restricts the communication and publication of records of private conversations and activities obtained through the use of surveillance devices; establishes procedures for law enforcement officers to obtain warrants or emergency authorisation for the installation and use of surveillance devices; creates offences relating to the improper installation or use of surveillance devices; and imposes requirements for the secure storage and destruction of records obtained by law enforcement officers through the use of surveillance devices.

The Bill repeals the Listening Devices Act 1969.

The Committee believes that this is an important Bill concerning rights and freedoms and reproduces the Attorney-General’s Second Reading Speech:-

Clause 2 Part 1 (sections 1 to 5) commence on Royal Assent. The remaining provisions commence on proclamation but not later than by 1 January 2000.

Clause 3 – Definitions – important words defined in the Act are:- ‘chief law enforcement officer’, ‘law enforcement officer’, ‘senior law enforcement officer’, ‘private activity’, ‘private conversation’ and ‘serious drug offence’.

‘Private activity’ means an activity carried on in circumstances that may reasonably be taken to indicate that the parties to it desire it to be observed only by themselves but does not include:- (a) an activity carried on outside a building; or (b) an activity carried on in any circumstances in which the parties to it ought reasonably to expect that it may be observed by someone else.

‘Private conversation’ means a conversation carried on in circumstances that may reasonably be taken to indicate that the parties to it desire it to be heard only by themselves, but does not include:- a conversation made in the circumstances in which the parties to it ought reasonably to expect that it may be overheard by someone else.

Clause 4 – Act binds the Crown – provides that the Act binds the Crown.

Clause 5 – Act not to apply to certain Commonwealth agents – states the Act does not apply to certain Commonwealth agents such as the Australian Security and Intelligence Organisation, the Australian Competition and Consumer Commission, the National Crime Authority, the Minister administering the Migration Act and Australian Customs.

Clause 6 – Regulation of installation, use and maintenance of listening devices – creates an offence of knowingly installing using or maintaining an unauthorised listening device to overhear, record, monitor or listen to a private conversation without the consent of each party to the conversation.

Exceptions to the general prohibition are:- (a) where a law enforcement officer has a warrant or emergency authorisation to install, use or maintain the device; or (b)where such devices are used or maintained in accordance with a Commonwealth law (Penalty: 2 years imprisonment/$24,000/ 240 p.u. fine, or both ($100,000-200,000/ 1000-2000 p.u. fine for a body corporate).

Clause 7 – Regulation of installation, use and maintenance of optical surveillance devices – creates an offence of installing, maintaining or using an unauthorised optical surveillance device to observe a private activity to which the person is not a party, without the express or implied consent of each party to the activity. Major exceptions are the same as in clause 6 (Penalty: as in 6 above).

Further exclusions are permitted where the occupier of premises authorises law enforcement officers to use these devices for the protection of the lawful interests of the occupier or another person. Records obtained in such circumstances are subject to the same controls as records obtained using a surveillance device under a warrant.

Clause 8 – Regulation of installation, use and maintenance of tracking devices – creates an offence to use, maintain or install an unauthorised tracking device to determine the location of a person or an object without that persons consent or the consent of the owner of the object as the case requires (Penalty: as in 6 above).

The same exceptions apply as in clause 6 above.

Clause 9 – Regulation of installation, use and maintenance of data surveillance devices by law enforcement officers – regulates the use of data surveillance devices to record or monitor the input of information into, or the output of information from, a computer by law enforcement officers without the express or implied consent of the person on whose behalf that information is being input or output (Penalty: 1 year imprisonment/ $12,000/ 120 p.u. fine, or both).

The same exceptions apply as in clause 6 above.

Clause 10 – Authority for assistance and for others to use surveillance devices – provides that if a law enforcement officer is authorised by the Act to install, use, maintain or retrieve a surveillance device that authorisation extends to any person who provides assistance or technical expertise to the authorised officer.

Clause 11 – Prohibition on communication and publication of private conversations or activities – the clause creates an offence to knowingly communicate or publish a record or report of a private conversation or private activity that has been made as a direct or indirect result of the use of a surveillance or tracking device (Penalty: 2 years imprisonment/ $24,000 /240 p.u. fine).

Exceptions to the prohibition against communication include:- consent of the other party; where the communication is in the public interest or for the protection of the lawful interests of the person making the communication; in the course of legal proceedings or disciplinary proceedings; where the communication is made by a law enforcement officer in certain specified circumstances; or where authorised by a law of the Commonwealth. Public interest may include permission for such records to be broadcast on television programs such as Australia’s Most Wanted.

Clause 12 – Communication and publication of information from the use of a data surveillance device – deals with the prohibition on communication by a law enforcement officer of, data from a computer obtained in the course of data surveillance (Penalty: 1 year imprisonment/ $12,000 /120 p.u. fine).

Exceptions to the prohibition are similar to those found in clause 11 and include:- consent, legal proceedings, in the course of investigating or prosecuting an offence and a law of the Commonwealth. Unlike section 11 above, there is no legislative exception for public interest or the protection of lawful interests.

Clause 13 – Warrants – deals with the type of warrants that may be issued, including a composite warrant for different types of surveillance devices.

Clause 14 – Which court may issue warrants – the Supreme Court may issue any warrant and the Magistrates’ Court a tracking device warrant.

Clause 15 – Application for a warrant – sets out the grounds for an application for a warrant including, that an offence has been or is likely to be committed, that the use of the device is necessary for the purpose of the investigation of the offence.

The application must be supported by an affidavit setting out the grounds on which the warrant is sought. An application may be made prior to the preparation of an affidavit in urgent cases. In that event the sworn affidavit must be transmitted to the court the following day. Applications are heard in closed court. It is an offence to publish a report containing information of an application for a warrant (Penalty:
2 years imprisonment/ $24,000 /240 p.u. fine, or both ($100,000 - $200,000 /1000-2000 p.u. fine for a body corporate).

Clause 16 – Telephone warrants – provides that in urgent cases a law enforcement officer may apply for a warrant by telephone, fax or other form of communication. In such circumstances if an affidavit is available, sworn or unsworn, it must be faxed to the court that is to determine the application.

Clause 17 – Issue of warrant – sets out the criteria used by a court to determine whether to issue a warrant including:- the gravity of the alleged offence; the extent of the intrusion on a persons privacy; any alternative means of obtaining the evidence; the evidentiary value of the material sought to be obtained; and any previous warrant sought or issued in connection with that alleged offence.

A warrant issued must specify the alleged offence in respect of which the warrant is issued and must specify the name of any person whose private conversations or activity may be listened to or observed, or whose location is sought to be determined, or whom the information collected relates to. The warrant must name any law enforcement officer who may use the device under the warrant.

A warrant is in force for 90 days other than where no affidavit is included under section 15(4) (prior to the preparation of an affidavit) and under section 16 (telephone warrant), in which case the warrant is issued initially for 3 days.

The warrant must specify the premises upon which the device is to be installed or the place at which it is to be used, the conditions of entry allowed to be used and state the time in which the person must report to the court under section 20 (see below). More than one warrant may be issued in respect to the one alleged offence.

The clause also deals with retrieval warrants and creates special conditions for the issuance of a telephone warrant.

Clause 18 – What a warrant authorises – deals with authorisation to take certain ancillary actions such as the installation and retrieval of devices, connection of a device to electricity, entering or crossing land, entering by force on the premises or premises adjoining the target property, the temporary removal of vehicles and other objects.

Clause 19 – Revocation of warrant – A court issuing a warrant may revoke it at any time before the expiration of its term of validity.

Clause 20 – Report to court – A person to whom a warrant is issued must report to the issuing court within the time specified in the warrant. The report must contain certain information and specify whether the warrant was used; the period of its use, name any person if known, observed, listened to or tracked; name the premises where a device was installed or was used; give details of the type of installation; give details of the general use to which the information obtained was or is to be used; and give details of any previous use of devices under a warrant or emergency authorisation in connection with an offence in respect of which the warrant was issued.

In the case of a retrieval warrant the report must give details of any premises entered under the warrant and state whether the device was retrieved under the warrant.

Clause 21 – Application for assistance order – If a person applying for a warrant believes that it is necessary to obtain the assistance of any other person (individual or corporate) for the effective execution of the warrant they may apply to the Supreme Court for an assistance order. The application is to be made in the same manner and at the same time as an application for a warrant or may be made subsequently to it. Notice of an application for an assistance order is not required to be given to any person. For example an application may be made for assistance by a third person to connect a device to electricity.

Clause 22 – Assistance order – Deals with applications under section 21 and provides the criteria for granting such an application where reasonable grounds are made out to a court, including:- the costs or difficulty of compliance with such an order and the gravity of the alleged offence for which the warrant is issued. An assistance order is in force for the duration of the relevant warrant and its conditions of issue must be endorsed on that warrant. Clause 22(3) the court is given discretion to make an order subject to any conditions it thinks fit.

Clause 23 – Failure to comply with assistance order – The section creates an offence to knowingly contravene the assistance order (Penalty: 2 years imprisonment/ $24,000 /240 p.u. fine, or both).

After careful consideration in respect to clauses 21 to 23 relating to applications for assistance orders the Committee resolved to express its concerns as follows.

Clause 24 – Existence and operation of assistance order not to be disclosed - creates an offence for the unlawful disclosure by a person subject to an assistance order of the existence of such an order to any person except a disclosure:– (a) to a person authorised to use the device; (b) to another person for the purpose of ensuring that the order is complied with; (c) to a legal practitioner acting for the person, for the purpose of obtaining legal advice or representation in relation to the order; or (d) in the course of legal or disciplinary proceedings (Penalty: 2 years imprisonment /$24,000 fine (240 p.u.), or both).

Clause 25 – Application for emergency authorisations – provides that in limited circumstances a law enforcement officer may use a device in the same manner as if a warrant had been issued by a court, provided a senior law enforcement officer, as defined in clause 3, authorises such use, in circumstances where there is:- (a) an imminent threat of serious violence to a person or substantial damage to property;
(b) a serious drug offence or an offence against a law of the Commonwealth or another State or Territory is likely to be, or has been committed; or (c) the use of a device is immediately necessary for the purpose of dealing with the threat or investigate the offence. Such authorisation may be made in circumstances that are serious, urgent and where it is not practicable to apply to a court for a warrant. An application under this clause may be made to a senior law enforcement officer by telephone of fax or other form of communication.

Clause 26 – Emergency authorisations – provides that an emergency authorisation may authorise the person to whom it is given to do anything that may be done under a warrant.

Clause 27 – Form and duration of emergency authorisation – emergency authority remains in force for 3 days or such shorter period as is specified.

Clause 28 – Report to court – where an emergency authority is issued the person given the authority must furnish the Supreme Court a report as referred to in section 20(2) within 3 days after the authorisation is given (Penalty: 1 year imprisonment/ $12,000 fine, or both).

Clause 29 – Information to be brought before court – the Supreme Court may require that evidence obtained under an emergency application be brought before it within 3 days of making such a direction. Such evidence may be kept in the custody of the court and the court may order its destruction or return.

Clause 30 – Court may direct use of surveillance device to cease – where emergency authorisation has been granted the Supreme Court may by order direct that the use of a device cease immediately.

Clause 31 – Unlawful interference with surveillance device - a person must not knowingly interfere with, damage, remove or retrieve a surveillance device that has been lawfully installed by a law enforcement officer (Penalty: 2 years imprisonment/ $24,000 /240 p.u. fine, or both (a body corporate - $100,000 - $200,000 /1000-2000 p.u. fine).

Clause 32 – Offences by persons involved in management of bodies corporate – provides that officers of a corporation who are concerned in, or takes part in the management of the body corporate are deemed guilty of offences committed by the corporation and that a person may be proceeded against whether or not the corporation has been proceeded against for, or found guilty of, that offence.

Clause 33 – Search warrant – makes provision for the issue of search warrants in circumstances where police suspect, on reasonable grounds, that there is or may be, in the next 72 hours, evidence of illegal surveillance devices on the premises. The usual conditions of issue, forms and procedure of warrants are provided pursuant to the Magistrates’ Court Act 1989.

Clause 34 – Announcement before entry – makes standard provision for announcement prior to the execution of a warrant, and exceptions to the necessity for prior announcement.

Clause 35 – Copy of the warrant to be given to occupier or person searched – a copy of the search warrant issued under section 33 must be given to the person being searched and/or to the occupier or a person representing the occupier of the premises being searched.

Clause 36 – Dealing with records obtained by use of surveillance devices – provides that each chief law enforcement officer, as defined in section 3, must:- (a) keep records about information obtained using surveillance devices in a secure place that is not accessible to persons not eligible to deal with those records or reports; (b) destroy or cause to be destroyed records and reports if satisfied that they will not be required for an investigation, prosecution, application or proceedings. Penalty: $12,000 /120 p.u. fine.

Clause 37 – Annual reports – provides that the Chief Commissioner of Police, the chairperson of the National Crime Authority and the Secretary to the Department of Natural Resources and Environment, must submit annual reports containing certain information relating to warrants issued pursuant to the Act, as soon as practicable after the end of a calendar year. The Minister must cause each report to be laid before each House of the Parliament within 12 sitting days of that House after it is received by the Minister.

Clause 38 repeals the Listening Devices Act 1989.

Clause 39(1) provides for transitional arrangements such as warrants still outstanding pursuant to the Act to be repealed.

Clause 39(2) provides that:-

Clause 40 makes consequential amendments to the Evidence Act 1958 by substituting the name of the new Act for the name of the Act to be repealed.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 24 March 1999 by the Honourable Alan Stockdale MLA with the Honourable Phil Gude MLA. The Second Reading Speech was delivered on 25 March 1999.

The Bill amends the Tattersall Consultation Act 1958 (the Act) and makes provisions for lotteries and games where no ticket is issued to subscribers.

Clause 2 the Bill comes into operation on Royal Assent.

Clause 6 inserts a new section 6AA into the Act and imposes a ten cent levy on each subscription to a consultation or soccer football pool where no ticket is issued (i.e. lottery products sold over the telephone) and for the payment of the levy by the promoter to the Treasurer for payment into the Consolidated Fund.

Clause 7 inserts a new section 13 into the Act validating the past collection of such levies prior to these amendments coming into effect.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 24 March 1999 by the Honourable Alan Stockdale MLA with the Honourable Phil Gude MLA. The Second Reading Speech was delivered on 25 March 1999.

The Bill amends the Transport Accident Act 1986 (the Act) and provides that the Transport Accident Commission (TAC) is liable to pay the reasonable costs of housekeeping, child-care, services of a domestic nature and nursing and attendance services. The cost of these services is currently restricted to payment at a maximum rate equivalent to average weekly earnings for Victoria.

The amendment will bring these costs into line with all other medical and like services for which compensation is payable by the TAC under section 60 of the Act. A reasonable rate for housekeeping and other services provided to Transport Accident claimants will be determined through competitive tender. The amendment will allow the providers of housekeeping and other domestic services to obtain a reasonable market rate for the services they provide.

Clause 2 the Act comes into operation on Royal Assent.

Clause 3 amends section 60(1) of the Act by inserting new sub-sections (b) and (c) to make the amendments described in 11.2 above.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 24 March 1999 by the Honourable Robin Cooper MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 25 March 1999.

The Bill amends the Public Transport Act 1995 (the Act) by extending the transitional period allowed before bus operators are required to obtain accreditation; to exempt private bus services in certain circumstances from the requirement to be accredited; and to provide for a prescribed fee for the temporary accreditation of a person to operate a road transport passenger service. The Bill also amends the Transport Act 1983 to repeal the provisions governing the licensing of passenger ferries.

Clause 2 saving sections 8 and 9, the provisions of the Bill come into operation on Royal Assent. Sections 8 and 9 commence on proclamation, but not later than by 1 July 2000.

Clause 5 inserts a new section 10(1C) into the Act enabling regulations to be made to set a fee for the issue of a temporary accreditation to operate a road transport passenger service and to make payment of the fee a condition of accreditation.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 24 March 1999 by the Honourable Pat McNamara MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 25 March 1999.

The Bill amends the Water Act 1989, the Water Industry Act 1994 and the Metropolitan Board of Works Act 1958.

Clause 2 saving sections 6(6), 8 and 10, the provisions in the Bill come into operation on Royal Assent. Section 6(6) comes into operation on the first anniversary of the day on which the Bill receives Royal Assent. Sections 8 and 10 are deemed to have commenced operation on 25 March 1999.

Clause 4 inserts new subsections (1A), (1B) and (1C) in section 222 of the Water Act 1989 and enables a water Authority (listed in Schedule 12), to reduce the supply of water in an irrigation district on account of contamination of water in the supply system. The Authority is free from liability for making such reductions in water supply, provided the contamination was not caused by the intentional or negligent conduct of the Authority.

Clause 5 inserts a new section 323A into the Act declaring that it is the intention of section 222(1C) to alter or vary section 85 of the Constitution Act 1975.

The Committee notes the comments in the Second Reading Speech:-

Clause 4 (3) repeals paragraph (a) of section 222(2) of the Act which restricted the sale or supply of water rights unless all domestic and stock users have been fully supplied.

The Committee notes the comments in the Second Reading Speech:-

Clause 6 clarifies water rights in the Mildura irrigation area. The clause amends various provisions in Schedule 6 of the Water Act 1989, in particular the insertion of new clause 4A to 4F in that Schedule. New clause 4A extinguishes any easements or other interests securing a water right in the area conferred by an earlier indenture or earlier legislation, insofar as any still exist.

The Committee notes the comments in the Second Reading Speech:-

Clause 8 amends section 74A of the Act by inserting new sub-sections (5) to (8) requiring all actions (other than personal injury claims) brought under section 74 of the Act after 25 March 1999 to be heard by the Victorian Civil and Administrative Tribunal. Actions under section 74 relate to damage caused by a flow of water from the works of a licensed business such as flooding from a burst pipe.

Clause 10 substitutes a new section 183A declaring that it is the intention of the new sections 74A(5) and 74A(6) to alter or vary section 85 of the Constitution Act 1975.

The Committee notes the comments in the Second Reading Speech:-

Clauses 12 and 13 amends the Act by updating the list of waterways under Melbourne Water’s management and control for waterway management and drainage purposes and validates waterway management activities carried out by Melbourne Water on waterways within the metropolis but not previously formally placed under its management.

The Committee makes no further comment.

The Bill was introduced into the Legislative Assembly on 24 March 1999 by the Honourable Alan Stockdale MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 25 March 1999.

The purpose of the Bill is to encourage the voluntary disclosure and exchange of information about year 2000 computer problems and remediation efforts, compliance and for other purposes. The Bill provides limited liability protection for voluntary Year 2000 disclosure statements made between 27 February 1999 and 30 June 2001.

Clause 2 saving Part 6, the Act is deemed to have commenced on 27 February 1999. Part 6 commences on Royal Assent. Part 6 deals with the regulation making powers and with the section 85 Constitution Act 1975 provision discussed below at 14.4.

Clause 3 provides for various definitions used in the Act. Clause 4 states that the Act binds the Crown.

Clause 8 provides that no civil action lies against a person making a Year 2000 disclosure statement and such a statement is not evidence against a person in a civil action to which a person is a party.

Clause 9 provides for exceptions to the protection provided in clause 8 including:-

• circumstances where the person making the statement knew that the statement was materially false or misleading, or the person was reckless as to whether the statement was materially false or misleading;
• where the statement was made in fulfilment of an obligation under a contract or a law of the Commonwealth, State or Territory;
• where the statement is made for the sole or dominant purpose of inducing persons or a particular person to acquire the goods or services identified in a statement and the person acquires the goods or services as a consumer and that consumer is a party to the civil action concerning those goods; or
• where the action is for infringement of copyright, a trade mark, a design or a patent.

Clause 10(1) provides that in order to gain the protection of clause 8, the person making the Year 2000 disclosure statement must, in the course of the civil action, provide the other party with an explanatory statement which sets out the belief that the statement was made bona fide and not made recklessly. Clause 10(2) provides that the statement is not evidence in the civil proceedings otherwise than the determination of whether sub-section (1) has been complied with. Clause 10(3) allows the person bringing the action to waive the requirement in clause 10(1).

Clause 11 sets out how the knowledge requirements contained in section 9 may be imputed in relation to corporations and persons other than corporations.

Clause 13 provides a legislative exemption for certain conduct under the Act that may otherwise be prohibited by section 45 of the Competition Code. The section operates in conjunction with section 17 of the Commonwealth Act, which authorises the same exempted conduct for the purposes of Part IV of the Trade Practices Act 1974 (Cth).

Clause 15 allows regulations to be made to give effect to the purposes of the Act.

Clause 14 states that it is the intention of Part 3 (clauses 8 to 11) to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court from entertaining an action under those provisions.

The Committee notes the comments in the Second Reading Speech:-

The Committee makes no further comment.

Ministerial Correspondence

The Bill was introduced into the Legislative Assembly on 28 October 1998 by the Honourable Jan Wade MP with the Honourable Phil Gude MP. The Second Reading Speech was delivered on 29 October 1998.

The Committee reported on the Bill in Alert Digest No. 1 of 1999 at page 3. The Committee expressed concern in seven separate amendments sought to be introduced by the Bill, and wrote to the Attorney-General on 24 March 1999 in the following terms:-

3. Part 3 deals with appeals to the County Court.

Last update 29/8/99 ©Parliament of Victoria