Statutory Rule

Minister

Issue

SR 41 – Health (Infectious Diseases) Regulations 2001

Health

Possible breach of section 21(1)(h) – inconsistent with principles of justice and fairness. Removal of provisions from final version of regulations without further consultation with those affected.

SR 74 – Juries (Fees, Remuneration and Allowances) Regulations 2001

Attorney-General

Possible breach of section 21(1)(j) – non compliance with Subordinate Legislation Act 1994 and/or the Premier’s Guidelines. Failure to examine the costs or assess the cost impact on self employed people and employers.

SR 176 – Building (Swimming Pool Fences) Regulations 2001

Planning

Possible breach of section 21(1)(j) – non compliance with Subordinate Legislation Act 1994 and/or the Premier’s Guidelines. Failure to give adequate consideration to comments made in submissions.

SR 21 – Accident Compensation Regulations

WorkCover

Possible breach of section 21(1)(k) – administration and compliance costs not to outweigh the benefits. Increase in contribution payable by self-insurers. Concern about the cost impact on self insurers and the benefits they obtain in return.

SR 65 – Prevention of Cruelty to Animals (Amendment) Regulations 2001

Agriculture

Clarity and intention of operation. Intention to provide flexible accreditation requirements for stock contractors and instructions in a Code of Practice. Failure of the Code to deal with instructors. Voluntary nature of Code of Practice enables stock contractors to choose whether or not to become accredited.

SR 78 – Fisheries (Recreational Fishing) Regulations 2001

Energy and Resources

Clarity and intention of operation. Typographical error resulting in two different definitions of ‘salmonids’. Advice sought on the removal of provisions concerning golden perch to the Flora and Fauna Guarantee Act 1988 and clarification on who would be responsible for enforcing those provisions.

SR 78 – Fisheries (Recreational Fishing) Regulations 2001

Energy and Resources

Clarity and intention of operation. Advice on the effect of a new provision prohibiting the use or possession of fishing hooks and lines in or beside and within 20 metres on the banks of four specified rivers.

SR 89 – Children and Young Persons (General) Regulations 2001

Community Services

Clarity and intention of operation. Clarification of the words ‘marital and family relationships’ to determine whether they are consistent with the term ‘domestic relationship’.

SR 67 – Magistrates’ Court (Civil Jurisdiction) (Sheriff’s Fees) Regulations 2001

Attorney-General

Concern about the breadth of consultation and the lack of consultation with any consumer-oriented groups representing those most affected by the regulations, namely litigants and debtors.

SR 81 – Livestock Disease Control (Amendment) Regulations 2001

Agriculture

Concern about the extent of consultation. Advice sought as to whether vendors of goats and deers were consulted.

SR 110 – Discharged Servicemen’s Preference Regulations 2001

Consumer Affairs

Advice sought as to what consultation had taken place prior to the removal of World War Two as a theatre of war.

SR 150 – Health (Pest Control Operators) (Amendment) Regulations 2001

Health

Concern about lack of consultation with the Victorian Farmers Federation.

SR 9 – Fisheries (Bream Catch Limit) Regulations 2001

Energy and Resources

Regulation Impact Statements. RIS not specifically prepared for regulations. Reliance placed on RIS prepared for Fisheries (Catch Limit) Regulations 2000. Failure of RIS to example alternatives and costs and benefits of alternatives for new requirements concerning bream.

SR 28 – Subdivision (Body Corporate) Regulations 2001

Planning

Regulation Impact Statements. RIS considered alternative which involved creation of new legislation dealing specifically with bodies corporate. This alternative involved a stricter enforcement regime but was not implemented because there was insufficient time to investigate it further. Advice sought as to why this option was not pursued given that it appeared to be the best means of achieving the objectives.

SR 66 – Plumbing (Amendment) Regulations 2001

Planning

Regulation Impact Statements. Questioned the reasonableness of the fee involved in obtaining specialised blackflow qualifications and advice sought as to why this training could not be undertaken by trainee plumbers as part of their initial training to become plumbers.

SR 90 – Wildlife (Game) Regulations 2001

Environment and Conservation

Regulation Impact Statements. Advice sought as to reasons for extending the use of toxic shot for those using firearms which are less than 12 gauge or muzzle-loading Damascus steel or twist barrelled shotguns.

SR 118 – Fisheries (Rock Lobster and Giant Crab) Regulations 2001

Energy and Resources

Regulation Impact Statements. Advice sought on the consideration given to the cost impact on fishers and the effect of the new provisions on the work practices of fishers.

SR 146 – National Parks (Fees and Charges) Regulations 2001

Environment and Conservation

Regulation Impact Statements. Advice sought on the impact of fee increases on individuals and tour operators visiting national parks.

SR 6 – Subordinate Legislation (Local Government (Long Service Leave) Regulations 1991 – Extension of Operation) Regulations 2001

WorkCover

Extension of operation – section 8(1)(d)(iii). Failure to provide details of ‘special circumstances’ justifying 12 months extension.

SR 96 – Subordinate Legislation (Water (Lake Eildon Recreational Area) (Houseboats) Regulations 1991 – Extension of Operation) Regulations 2001

Environment and Conservation

Extension of operation – section 8(1)(d)(iii). Further explanation of ‘special circumstances’ sought.

SR 154 – Subordinate Legislation (Police Regulations 1992 – Extension of Operation) Regulations 2001

Police and Emergency Services

Extension of operation – section 8(1)(d)(iii). Clarification of reason for seeking extension to ensure that the reason did in fact constitute ‘special circumstances’.

SR 64 – Pay-roll Tax (Prescribed Sporting Club) Regulations 2001

Treasurer

No economic or social burden – section 9(1)(a). Specified sporting clubs exempt from payment of pay-roll tax on the grossed up amount of fringe benefits. Advice as to whether consideration was given to exempting other major sporting clubs and whether they will be able to obtain the benefit of the concession at a later date.

SR 161 – Freedom of Information (Amendment) Regulations 2001

Attorney-General

Fundamentally declaratory – section 9(1)(c). Substitution of ‘Victoria Racing Club’ with ‘Racing Victoria Limited’. Clarification as to whether information and materials previously held by Victoria Racing Club had been transferred to Racing Victoria Limited and whether people would be able to access them through freedom of information.

SR 76 – Private Agents (Interim) Regulations 2001

Police and Emergency Services

Premier’s certificate. Advice as to when the review of the Private Agents Act 1966 commenced and when the review is likely to be completed.

SR 94 – Road Safety (Drivers) (Fees) Regulations 2001

Transport

Fee increase – section 8(1)(a) and no economic or social burden – section 9(1)(a). Regulations removed 10% GST imposed on fees for practical and written tests for drivers licences other than heavy vehicles. Advice sought as to whether GST still imposed after Treasurer’s decision but before final regulations commenced and if so, whether those who paid fees were entitled to any refund.

SR 58 – Magistrates’ Court (Committals) Rules 2001

Attorney-General

Certificates. Failure of certificate to specify section under which exception granted.

Industrial Waste Management Policy (Prescribed Industrial) Waste – January 2001

Environment and Conservation

Failure to assess the costs and benefits of the alternatives as required by section 18C of the Environment Protection Act 1970.