Scrutiny of Acts and Regulations Committee

Alert Digest No 11 of 2008

Ministerial Correspondence

[Table of Contents]


Evidence Bill 2008

The Bill was introduced into the Legislative Assembly on 24 June 2008 by the Hon. Rob Hulls MLA. The Committee considered the Bill on 28 July 2008 and made the following comments in Alert Digest No. 9 of 2008 tabled in the Parliament on 30 July 2008.

Committee’s Comment

[2] – Inappropriate delegation of legislative powers – delayed commencement

The Committee notes the delayed commencement and observes that no reasons are given in any of the explanatory material for the reasons for such a delay.

The Committee will seek further advice from the Attorney-General for the need to delay commencement by more than one year.

The Committee once again draws attention to Practice Note No. 1 of 2005 concerning indefinite or delayed commencement of Acts.

Minister’s Response

Thank you for your letter dated 30 July 2008 regarding your Committee's consideration of the Evidence Bill 2008. You sought further advice on the need to delay the commencement of the legislation for more than a year.

The Victorian Law Reform Commission, in its report Implementing the Uniform Evidence Act, recommended that approximately 12 months should be allowed from enactment of the Bill to the commencement of the operation of its provisions.

With changes of the magnitude encompassed by the Evidence Bill 2008, this delay is essential to ensure adequate time for systems changes, changes to Court Rules and appropriate training for key justice system stakeholders.

I trust this information is of assistance.

ROB HULLS MP
Attorney-General

13 August 2008

The Committee thanks the Attorney-General for this response.

Return to the Table of Contents

Family Violence Protection Bill 2008

The Bill was introduced into the Legislative Assembly on 24 June 2008 by the Hon. Rob Hulls MLA. The Committee considered the Bill on 28 July 2008 and made the following comments in Alert Digest No. 9 of 2008 tabled in the Parliament on 30 July 2008.

Committee’s Comment

[2]. Inappropriate delegation of legislative powers – delayed commencement

The Committee notes the delayed commencement and observes that no reasons are given in any of the explanatory material for the necessity or desirability of a delay in commencement of greater than one year.

The Committee will seek further advice from the Attorney-General for the need to delay commencement by more than one year.

The Committee again draws attention to Practice Note No. 1 of 2005 issued by the Committee in October 2005 concerning indefinite or delayed commencement of Acts.

Minister’s Response

Thank you for your letter dated 30 July 2008 regarding your Committee’s consideration of the Family Violence Protection Bill 2008. You sought further advice on the need to delay the commencement of the legislation for more than a year.

Whilst the forced commencement date of the Bill is 1 October 2009, this is a contingency measure only. Subject to passage through Parliament, the Government is working towards commencing the Bill by the end of this year.

ROB HULLS MP
Attorney-General

21 August 2008

The Committee thanks the Attorney-General for this response.

 

Committee Room
8 September 2008

Return to the Table of Contents

Scrutiny of Acts and Regulations Committee
Parliament of Victoria