Wednesday, 18 February 2026

 Danny PEARSON (Essendon – Minister for Economic Growth and Jobs, Minister for Finance, Minister for Government Services) (10:47): In accordance with the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility in relation to the Regulatory Legislation Amendment (Reform) Bill 2026:

Opening paragraphs

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the Charter), I make this Statement of Compatibility with respect to the Regulatory Legislation Amendment (Reform) Bill 2026.

In my opinion, the Regulatory Legislation Amendment (Reform) Bill 2026, as introduced to the Legislative Assembly, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.

Overview

The proposals contained in the Bill which interact with the Charter are summarised below.

The Bill amends –

1. the Local Government Act 2020 to:

a. reintroduce the two-year restriction against former councillors becoming council Chief Executive Officer (CEO) after leaving office, and

b. expand the sanctions that Councillor Conduct Panels can apply upon a finding of misconduct against a councillor so that they align with the sanctions that can be imposed by an arbiter for a finding of misconduct, and

c. align the ground of serious misconduct relating to the disclosure of confidential information with the offence provision in the Act

2. the Circular Economy (Waste Reduction and Recycling) Act 2021 to:

a. enable the Environment Protection Authority to ‘stop the clock’ when it is not reasonably practicable to determine an exemption application from any provision of regulations or a service standard within a 28 day period (e.g. due to the need to request further information) rather than being required to restart the process or make a decision without adequate information

3. the Environment Protection Act 2017 to:

a. ensure the registered owner can nominate another person for littering from a vehicle, so the registered owner of a vehicle is not unduly held accountable for an offence which they did not commit, and

b. provide for more specific requirements for a written statement, when nominating another person responsible for a littering offence, instead of demonstrating ‘reasonable belief’, and

c. enable the Environment Protection Authority, a litter authority or a litter enforcement officer to vary or revoke a notice to remove or dispose of waste that was issued to the occupier in circumstances when the depositor could not be located as new information regarding the littering or illegal dumping of waste becomes apparent

4. the Spent Convictions Act 2021 to:

a. clarify that the conviction period (noting the proposed amendment above to replace this term with waiting period) will recommence only where a subsequent conviction occurs within the conviction period for the original conviction, and

b. improve consistency in the treatment of convictions by enabling convictions with a ‘convicted and discharged’ outcome in the Children’s Court to be spent immediately, and

c. simplify the process for applying for a spent conviction order by removing the requirement for personal service on the Attorney-General and Chief Commissioner of Police

5. the Conservation, Forests and Lands Act 1987 to remove the requirements for:

a. landholders to display a prominent, on-location physical notice of a land management co-operative agreement, and

b. the Secretary to keep hardcopies of an agreement available and replace with requirement to publish digital copies of the agreement and provide hardcopies upon request.

6. the Victorian Conservation Trust Act 1972 to replace the terms ‘Chairman’ and ‘Deputy Chairman’ with modern terms, and gendered pronouns with updated, precise language where the Office of the Chief Parliamentary Counsel considers appropriate.

Human Rights Issues

Human rights protected by the Charter that are relevant to the Bill

These proposed amendments will engage one or more of the following human rights under the Charter:

• right to recognition and equality before the law (section 8);

• right to freedom from forced work (section 11);

• right to privacy and reputation (section 13);

• right to freedom of expression (section 15);

• right to take part in public life (section 18);

• property rights (section 20);

• rights of children in the criminal process (section 23);

• right to a fair hearing (section 24); and

• right not to be tried or punished more than once (section 26).

For the following reasons, I am satisfied that the Bill is compatible with the Charter and, to the extent that any rights are limited, those limitations are reasonable and demonstrably justified in a free and democratic society having regard to the factors in section 7(2) of the Charter.

Right to recognition and equality before the law

Section 8 of the Charter provides that every person has the right to recognition as a person before the law, to enjoy their human rights without discrimination and that every person is equal before the law.

The proposed amendment in Part 8 would align the sanctions which may be imposed upon a finding of misconduct by a councillor under both the internal arbitration process, overseen by an arbiter, and a Councillor Conduct Panel (CCP) hearing, provided for under the Local Government Act 2020. This will ensure that persons subject to a misconduct hearing receive equal treatment and consistency in the sanctions which may be applied. At present, it is possible for two councillors who are both found to have committed misconduct under the same circumstances and facts to receive different, and potentially differently severe, sanctions based on the different types of sanctions made available by the Act to either an arbiter or a CCP. This scenario is counter to the right to equal treatment before the law, and there is no procedural justification for this to be the case. The proposed amendment, by making available sanctions consistent, would promote the right to equality before the law.

Part 10 of the Bill proposes to replace the terms ‘Chairman’ and ‘Deputy Chairman’ in the Victorian Conservation Trust Act 1972 with updated language to reflect current language practices. The right to recognition and equality before the law prohibits discrimination on the basis of the attributes set out in section 6 of the Equal Opportunity Act 2010, which include gender identity and sex. The proposed amendment would promote these rights by replacing the current terms with gender neutral language to signify these appointments to the Trust, giving recognition to different gender identities and sex, rather than the implied presumption that only one gender will occupy this role.

Accordingly, this Bill is consistent with the right to recognition and equality before the law.

Right to freedom from forced work

Section 11 provides that a person must not be made to perform forced or compulsory labour.

The proposed amendment under Part 8 to align the available sanctions under the Local Government Act 2020 which may be imposed upon a finding of misconduct made by either an arbiter or a Councillor Conduct Panel (CCP) will result in certain additional sanctions being available through the CCP process.

These sanctions include directing the Councillor to attend a specified training or counselling, which may be construed as limiting a person’s right to freedom from forced or compulsory labour, although these are quite distinct from the nature of forced labour which this right is principally directed at. As provided under subsection 11(3)(a) and (c) of the Charter, this right does not apply to work or service that is part of normal civil obligations and does not include work or service normally required of a person who, under a lawful court order, has been ordered to perform work in the community. As councillors are members of local government, they are subject to civil obligations in this role, and sanctioned attendance in training or counselling falls within those obligations, or to address the failure to meet those civil obligations. Applying these sanctions upon a finding of misconduct is also analogous to court orders requiring a convicted individual to perform community service work. A CCP is already empowered under subsection 167(6) to direct a Councillor to attend training or counselling if they find that remedial action is required.

The proposed amendment does not interfere with this right as it concerns attendance of training or counselling as part of a councillor’s civil obligations, to which this right does not apply and as such, is compatible with the right to freedom from forced work.

Accordingly, the Bill is consistent with the right to freedom from forced work.

Right to privacy and reputation

Section 13 of the Charter provides that a person has the right to not have their privacy, family, home or correspondence unlawfully or arbitrarily interfered with; and to not have their reputation unlawfully attacked.

Part 9 of the Bill includes a proposed amendment to the Spent Convictions Act 2021 to clarify that a relevant subsequent conviction must occur within the conviction period for the original conviction in order to trigger a recommencement of the conviction period. A conviction period determines how long a person needs to wait and remain crime-free (with the exception of some minor offences) before a conviction is eligible to be spent. In that time, a conviction remains disclosable on a person’s police check; the person is required to disclose their conviction in certain circumstances, and agencies, such as employers, can request information about the conviction. The proposed amendment ensures that a person’s conviction can be spent at the conclusion of the prescribed conviction period, rather than be restarted by a subsequent conviction that occurs outside of the conviction period. This supports a person’s right to privacy and reputation, as enabling a conviction to be spent ensures that a convicted person’s privacy and reputation is not unfairly affected by a historical conviction beyond the intended length of the conviction period.

Part 9 also includes a proposed amendment to the Spent Convictions Act 2021 to clarify that convictions recorded as ‘convicted and discharged’ in the Children’s Court are eligible to be spent immediately. A ‘convicted and discharged’ sentence is low on the sentencing hierarchy, below a fine, and arises when the court chooses to record a conviction but not impose any other penalty.

The proposed amendment ensures that a young person who receives a convicted and discharged sentence is not subject to a conviction period. This supports the right to privacy and reputation, as it ensures that a person’s privacy and reputation is not unfairly affected by their conviction, considering proportional treatment relative to the sentencing hierarchy.

Accordingly, the Bill is consistent with the right to privacy and reputation.

Right to freedom of expression

Section 15 of the Charter provides that persons have a right to freedom of expression, which includes the freedom to seek, receive and impart information.

Part 4 of the Bill proposes an amendment to the Conservation, Forests and Lands Act 1987 which will remove the requirement upon the Secretary to display a public notice of the making of a land management co-operative agreement on the land to which the agreement applies. This may be construed as limiting public access to information with regard to the making of these agreements on land within a person’s community. However, notice and information on the content of the agreement remain available on the Government Gazette, the Victorian Public Notices Website, and through the Register of Titles. The requirement to place a physical notice on the land subject to an agreement has also been a source of stress, safety and wellbeing issues for landowners of the land in question in instances where there is opposition in the community to using the land for conservation, preservation and other related purposes. These agreements also have minimal, if any, detrimental effects on adjoining parcels of land.

Part 4 of the Bill also includes a proposed amendment to the Conservation, Forests and Lands Act 1987 to replace requirement on Secretary to keep hardcopies of land management co-operative agreements with a requirement to give access through digital copies of the agreement on the Department website and provide hardcopies if requested by a member of the public. This will improve the accessibility of the agreement, as a person would previously have to go to one of the specified offices to retrieve a hardcopy, and this amendment therefore reduces the burden to attain the information. As such, this supports the right to freedom to seek and receive information.

The proposed amendment to the Local Government Act 2020 under Part 8 of the Bill will align the definition of serious misconduct with the equivalent offence provision for disclosing confidential information. This does concern the restriction of a person’s freedom of expression, however this does not substantively increase or decrease the strictness of the pre-existing prohibition on disclosing confidential information.

The right to freedom of expression, under subsection 15(3) of the Charter, may be subject to lawful restrictions reasonably necessary to respect the rights and reputation of others or for the protection of public order, health or morality, as well as the lawful limitations in accordance with section 7(2) of the Charter. Restricting the disclosure of information which is legitimately characterised as confidential is a reasonable limitation to impose on the right to freedom of expression.

As such, the potential limitations to the right to freedom of expression are reasonable, justified and proportionate given the circumstances.

Accordingly, the Bill is consistent with the right to freedom of expression.

Right to take part in public life

Section 18 of the Charter provides that every person has the right and is to have the opportunity to participate, without discrimination, in the conduct of public affairs, either directly or through freely chosen representatives. Every eligible person has the right and is to have the opportunity to participate, without discrimination, to vote and be elected in State and municipal elections and have access to the Victorian public service and public office.

A number of proposed amendments to the Local Government Act 2020 under Part 8 of the Bill engage the right to take part in public life.

One proposed amendment will expand the types of sanctions a Councillor Conduct Panel (CCP) may impose upon a finding of misconduct to align with the sanctions available to an arbiter to impose for misconduct. The sanctions in question include:

•   suspension of the Councillor for up to 3 months

•   directing Councillor to not attend or participate in specified council meeting

•   direction that the Councillor is ineligible to hold the office of Mayor or Deputy Mayor for a period up to 12 months.

These sanctions constrain a Councillor from certain instances of participation in public affairs and denies them the opportunity to be elected in municipal elections for a time. However, I consider these limitations to be reasonably justified, with respect to section 7(2) of the Charter, as the purpose of these limitations is to ensure Councillors act lawfully and the sanctions are targeted and not excessive, being subject to relatively short time limits in line with the weight of a finding of misconduct. The CCP is also already equipped for hearings of greater significance than an arbiter, being empowered to make determinations on alleged serious misconduct, which attracts more severe sanctions.

Another proposed amendment will reintroduce the two-year restriction against former councillors being appointed as CEO of a council after leaving office. This does limit a person’s opportunity to participate directly in the conduct of public affairs and access the Victorian public service and public office. However, this is a necessary and reasonable limitation to ensure that the separation of functions between the council and administration is maintained, to ensure integrity and good governance in councils. In addition, former councillors were previously prevented from being appointed under section 102 of the Local Government Act 1989, but this provision was not carried over to the current act due to an oversight. For the same reasons of integrity and separation, the current Local Government Act already contains provisions barring a CEO from appointing a former councillor as a member of council staff within two years of the person ceasing to hold office and a holding that a person is not eligible to be a councillor if they are a member of council staff.

Amendments which improve the accessibility of government services enhance a person’s right to access public services. The proposed amendment to the Conservation, Forests and Lands Act 1987 in Part 4 of the Bill to require the Secretary to provide digital copies of land management cooperative agreements upon request instead of making hardcopy versions available in the prescribed locations will make this service more accessible to the public.

The proposed amendment to the Circular Economy (Waste Reduction and Recycling) Act 2021 in Part 2 of the Bill will enable the Environment Protection Authority to ‘stop the clock’ when it is not reasonably practicable to determine an exemption application within the 28-day period. For example, this will enable to Environment Protection Authority to pause consideration of an application in order to request more information from the applicant. This will ensure a more efficient process for applicants with reduced delays and costs, as at present an incomplete application must be rejected and the process restarted each instance that more information is required. Process improvements will make exemptions more accessible to applicants.

Under Part 9 of the Bill, the proposed amendment to the Spent Convictions Act 2021 will remove the requirement for personal service of spent convictions applications and instead enable court registries to provide filed applications to the Attorney-General and Chief Commissioner of Police. Numerous applications to date have been improperly served due to the complexity of the current multi-step application process. This amendment will simplify the process and thereby improve the accessibility of the spent convictions scheme.

Other proposed amendments to the Spent Convictions Act 2021 will support the right to participate in state and local politics and public administration and generally take part in public life. The proposal to ensure that a ‘convicted and discharged’ outcome in the Children’s Court is eligible to be spent immediately means that a young person will not have this type of conviction displayed on their police check, unless an exemption applies. The proposal to clarify that the conviction period will not restart unless the subsequent conviction occurs within the original conviction period ensures that a person does not unfairly retain a historical conviction on their record. Criminal convictions are frequently a barrier to accessing various aspects of public life, such as housing, employment and training opportunities, not only on the basis of official eligibility requirements but also due to unfair discrimination. As such these proposed amendments can improve a person’s ability or opportunity to take part in public life.

Accordingly, the Bill is consistent with the right to take part in public life.

Property rights

Section 20 of the Charter provides that a person cannot be deprived of their property. This applies both with respect to ownership and usage.

In Part 4 of the Bill, one proposed amendment to the Conservation, Forests and Lands Act 1987 will remove requirement on the Secretary of DEECA to display a notice of a land co-operative agreement on the land which is subject to the agreement. Consequential to this, a provision empowering the Secretary, with any assistance required, to enter the land to which the agreement applies for the purpose of arranging display of a notice will also be revoked. This promotes property rights of Victorians by removing an instance where the government is empowered to access private property where it is no longer necessary.

Accordingly, the Bill is consistent with property rights.

Rights of children in the criminal process

Section 23 of the Charter provides that a child who has been convicted of an offence must be treated in a way that is appropriate for that child’s age.

The proposed amendment to the Spent Convictions Act 2021, in Part 9 of the Bill, will ensure that a ‘convicted and discharged’ outcome in the Children’s Court will be eligible to be spent immediately rather than being disclosed as part of a person’s criminal history. This will support the rights of children by removing barriers to accessing employment, training and housing opportunities.

Accordingly, the Bill is consistent with the rights of children in the criminal process.

Right to a fair hearing

Section 24 of the Charter provides that a person has the right, whether in criminal or civil matters, to a fair and public hearing decided by a competent, independent and impartial court or tribunal.

Certain proposed amendments in the Bill, while not applying directly to the hearings in a court or tribunal, do support fairness of civil penalties and fairness of outcomes in an alternative dispute resolution setting.

The proposed amendment to the Local Government Act 2020 in Part 8 of the Bill will align the sanctions available to a Councillor Conduct Panel (CCP) with the sanction available to arbiters upon a finding of misconduct. Currently, a person may be subject to different sanctions, and possibly different severity, for a finding of misconduct under the same circumstances. By ensuring the consistency of the sanctions which a person may be subject to, this amendment strengthens the fairness of the hearings.

Proposed amendments to the Environment Protection Act 2017 under Part 5 of the Bill regarding littering offences will provide further provisions ensuring penalties are directed at the person who actually committed an offence. One amendment will ensure that an owner of a vehicle will not unduly be held accountable for the unlawful deposit of waste including when the responsible person can be nominated and held liable. Another amendment will expand and clarify the prescribed requirements for a written statement which identifies another person as responsible for a vehicle littering offence, where the person providing the statement, for instance the owner or driver of the vehicle, would otherwise be held responsible. This will ensure that requirements of a written statement are better aligned with what the person has knowledge of, to provide a stronger basis for the nomination of the person responsible. A third amendment will provide for the variation or revocation of a waste abatement notice requiring the occupier of the property to remove or dispose of waste. This means that if new information becomes available, for instance the identity of the person who deposited the waste, the regulatory obligations can be removed or reassigned to the responsible person, and the occupier is not unfairly burdened. These proposed amendments support the fairness of the process of assigning regulatory penalties and obligations.

Accordingly, the Bill is consistent with the right to a fair hearing.

Right not to be tried or punished more than once

Section 26 of the Charter provides that a person must not be tried or punished more than once for the same offence for which they have already been convicted or acquitted.

The proposed amendment to the Spent Convictions Act 2021 under Part 9 of the Bill clarifies that a conviction period will recommence only where a subsequent conviction occurs before the conviction period for the original conviction concludes. This proposed amendment will ensure that a convicted person is not inappropriately subjected to an extended conviction period for an offence. This is in keeping with the right not to be punished more than once.

Accordingly, the Bill is consistent with the right to a fair hearing.

The Hon. Danny Pearson MP

Minister for Finance

 Danny PEARSON (Essendon – Minister for Economic Growth and Jobs, Minister for Finance, Minister for Government Services) (10:47): I move:

That this bill be now read a second time.

I ask that my second-reading speech be incorporated into Hansard.

Incorporated speech as follows:

The Regulatory Legislation Amendment (Reform) Bill 2026 (the Bill) before the House today demonstrates the Victorian Government’s commitment to improving the lives of Victorians by undertaking the vital work of ongoing regulatory reform. Regulatory reform contributes to increased economic productivity, makes it easier to do business in Victoria, and protects consumers, community health and safety, and the environment.

Reform bills such as this one ensure that Victoria has a modern, adaptive and fit-for-purpose regulatory system. It contains over 40 proposals across 13 different Acts and seven ministerial portfolios that will benefit Victorians in the following ways.

First, the Bill will support effective and efficient regulation.

In 2023, the Commonwealth government announced that payment infrastructure will be modernised through the phaseout of cheques by the end of 2028. The proposed amendment to Victoria’s Workplace Injury Rehabilitation and Compensation Act 2013 and the Accident Compensation Act 1985 will be the first change to legislation to bring Victoria into line with the Commonwealth’s decision. The proposed amendment replaces a reference to cheques with a technology-neutral term and will make it easier for Victorians by enabling the use of more efficient and cost-effective payment methods such as ATM, eftpos, credit and debit card transactions, online payments and internet and mobile banking.

This Bill also amends the Circular Economy (Waste Reduction and Recycling) Act 2021 to give the Environment Protection Authority the express power to incorporate documents into certain legislative instruments and exemptions issued under the Act.

These instruments include service standards, guidelines and the Circular Economy Risk, Consequences, and Contingency Plan (CERCC). This amendment will provide greater flexibility in the instruments that the Environment Protection Authority prepares, as it allows the Environment Protection Authority to utilise relevant materials published by other bodies, for instance Australian Standards. This type of material supports more effective regulation by providing regulated entities in Victoria with further guidance and resources to clarify their obligations when complying with these instruments. This will make it easier for businesses to comply, strengthening environmental practices and protections.

The Bill amends the Environment Protection Act 2017 so that where a person receives an infringement notice for depositing waste from a vehicle but someone else was responsible, liability is more easily attributed to the offender.

The second objective of this Bill is to streamline processes and reduce administrative burden for government, businesses and individuals by making simple and uncontroversial changes to legislation.

This Bill seeks to make the process for Victorians applying for a spent conviction order more accessible, particularly for unrepresented applicants. The existing process is unnecessarily complicated. Applicants must first apply to the Magistrates’ Court to obtain a ‘sealed’ copy of their application and then separately email it to the Attorney-General and the Chief Commissioner of Police. Because of this, applications are commonly lodged incorrectly and court registries have had to develop work arounds to provide sealed copies of applications to the Attorney-General and Chief Commissioner. The amendment proposed in this Bill will remove the requirement for applicants to obtain a sealed copy and send it to the Attorney-General and the Chief Commissioner, and instead formalise the existing arrangement between the court, Attorney-General and Chief Commissioner for conveying spent convictions applications. The change brings the process into line with the findings from the review of the Spent Convictions Act 2021 completed in 2023 which recommended simplifying this process. Improving the accessibility of this scheme will ensure Victorians can successfully lodge their applications and could encourage more individuals with certain historical convictions to apply to have their convictions spent, thereby improving their access to employment, training and housing opportunities.

This Bill also enables the Environment Protection Authority to ‘stop the clock’ when it is not reasonably practicable to determine an exemption application within a 28 day period. For example if the Environment Protection Authority requests further information for a fee waiver application, they do not need to restart the process if the 28-day period is insufficient. By not being able to halt or extend the deadline, the Environment Protection Authority must refuse the application, restart or decide on the application based on the information they have. Enabling the Environment Protection Authority to ‘stop the clock’ will save applicants time by not having to prepare another application, reducing wait times for applicants while also leading to time savings for government.

The Bill amends the Circular Economy (Waste Reduction and Recycling) Act 2021 to streamline the consultation and drafting process for the preparation and amendment of a Victorian Recycling Infrastructure Plan. The current consultation process is rigid and inflexible, requiring discrete stages of revisions and prescribing who should be consulted and how at each stage. This includes persons and bodies that no longer exist under Machinery of Government changes. The amendments will remove redundancies in the prescribed list of stakeholders that must be consulted. It will also streamline the process so that the Environment Protection Authority can carry out consultation in accordance with government best practice and allow greater flexibility to respond to practical issues arising in the drafting process.

Amendments to the Conservation, Forests and Lands Act 1987 also look to reduce administrative burden by removing the requirement for landowners to display a notice of agreement on the land that is subject to that agreement. This requirement causes landowners stress, safety and wellbeing issues, particularly where there is opposition in the broader community to using the land for conservation, preservation and other related purposes. There is no benefit that is evident from this requirement, as the notice must already be published in the Government Gazette and in a newspaper circulated throughout Victoria. This amendment will remove an unnecessary administrative burden as well as remove a source of concern for landowners.

Amendments to the Conservation, Forests and Lands Act 1987 will replace the requirement to provide access to hardcopies of an agreement with access to digital copies. Land management co-operative agreements need to be available for inspection by the public, and this amendment ensures that the public can request a digital copy of an agreement from the Secretary rather than needing to go to designated offices to access a hardcopy, making the agreements more accessible to the public.

Third, this Bill aims to promote consistency and provide clarity with other legislation and existing government policies.

The Bill clarifies that the Victorian Civil and Administrative Tribunal (VCAT) is to hear disputes regarding an election result in its original jurisdiction, preventing disputes about this and ensuring that the integrity of local government in Victoria is maintained. Making this explicit in the legislation will reduce delays to the substantiative consideration of the matter and reduce uncertainty experienced by communities about their Council representatives.

The Bill seeks to ensure consistency in the enforcement of restrictions on the conduct of Councillors. The Local Government Act 2020 enables a Councillor Conduct Panel (CCP) to hear an application that alleges serious misconduct by a Councillor. The definition of serious misconduct includes disclosure of confidential information by a Councillor. However, there is also an offence provision under the same Act for disclosure of confidential information by Councillors.

These two enforcement mechanisms frame the prohibition of disclosure of confidential information differently, leading to uncertainty and delays when allegations are made and it is heard by the CCPs. Aligning the definition of serious misconduct with the offence provision will remove any legislative uncertainty for CCP proceedings and, consistent with the original intention of these provisions, ensure Councillors are held to the same standards regardless of which enforcement mechanism they are subject to.

The term ‘conviction’ in the Spent Convictions Act 2021 differs between sections of the Act. The term is used interchangeably to mean both a sentencing outcome and a finding of guilt by the courts regardless of whether a conviction was recorded. This amendment will provide clarity and consistency in the usage of the term ‘conviction’ throughout the Act. This will make it easier for Victorians to understand how provisions pertain to their circumstances when applying to have their convictions spent.

It also seeks to provide clarity for the term ‘conviction period’ in the Act by replacing this term with ‘waiting period, as a more precise and self-explanatory phrase to improve understanding and accessibility of the scheme. The term ‘conviction period’ is used to mean the length of time a person needs to wait before a conviction becomes eligible to be spent, either automatically or through court application. Replacing this with ‘waiting period’ better reflects the intended meaning and will make it easier for Victorians to understand the scheme and whether they are eligible.

This Bill seeks to replace in the Competition Policy Reform (Victoria) Act 1995 the outdated references to 1995 National Competition Policy (NCP) agreement that was superseded when the Intergovernmental Agreement (IGA) on National Competition Policy was approved in 2024. Due to the implementation of the 2024 IGA, members of the NCP steering committee were advised that next steps would need to be taken to address any outdated references in legislation to the 1995 agreements. This amendment will ensure that references to the outdated agreement occur in the appropriate transition period (31 December 2026) so that there is not an inconsistency in the future.

This Bill also amends the Grain Handling and Storage Act 1995 to account for the revitalised 2024 National Competition Policy (NCP). It currently refers to the National Competition Principles contained in the now superseded 1995 Competition Principles Agreement. And like the Competition Policy Reform (Victoria) Act 1995 amendment, this Bill seeks to amend sections in the Act to refer to the current 2024 IGA and updated National Competition Principles.

Lastly, this Bill seeks to make several minor updates and corrections to existing legislation.

The Bill seeks to correct a reference to incorrect subsections of the Local Government Act 2020 under the definition of electoral material. At present, the definition of electoral material refers to a subsection which describes the meaning of the term ‘election’ instead of the ‘electoral material’. This amendment will ensure the correct subsections are referenced.

The Bill will remove a provision in the LGA that references VCAT imposing a financial penalty following a review of the declaration of an election result. VCAT does not have the power to find an individual guilty of an offence under a review and therefore it is not possible for a financial penalty to be applied. This removes any confusion.

This Bill seeks to replace an incorrect reference in the Gas Industry Act 2001 to a section of the Act to ensure that licensees are directed to the appropriate subsection. This will ensure easier navigation of the legislation.

This Bill aims to modernise outdated terms used in legislation, providing better clarity. In the Victorian Conservation Trust Act 1972, the terms Chairman and Deputy Chairman are used through various provisions to reference a chair. This amendment will replace these with terms consistent with other Victorian legislation and modern language usage.

This Bill aims to correct the omission of provisions from the previous Local Government Act 1989 in the current Local Government Act 2020 due to an oversight. This amendment seeks to reintroduce the restriction against former councillors from being appointed as CEO of the council within two years of leaving office. Whilst a current councillor cannot be a member of council staff (including the CEO) and a person who was a councillor in the previous 2 years cannot be employed by the CEO as a member of council staff, a person who was a councillor in the previous 2 years is not currently prevented from being appointed by the council to be the CEO. This amendment will reintroduce an important governance integrity measure to ensure the separation of the roles of councillors and the CEO.

The amendment to provide consistent enforcement for Councillor misconduct in the Local Government Act 2020 will align the available sanctions which may be imposed for a finding of misconduct made either by an arbiter or a CCP. This Bill seeks to update the legislation so that arbiters and a CCP can impose the same sanctions and Councillors are subject to consistent treatment. Recent amendments to this Act expanded the available sanctions an arbiter may impose for misconduct by a Councillor, however the list of sanctions which may be imposed by a Councillor Conduct Panel (CCP) for the same finding were not updated accordingly, meaning that the sanctions which could be imposed on a Councillor for the same finding of misconduct vary depending on the type of hearing.

The Bill amends the Environment Protection Act 2017 to correct the criteria the Environment Protection Authority must consider when determining whether to amend or refuse an application to amend a permit.

This Bill also makes amendments to the Circular Economy (Waste Reduction and Recycling) Act 2021 consequential to the Entities Legislation Amendment (Consolidation and Other Matters) Bill 2025. This includes minor administrative changes to allow the Environment Protection Authority, which will absorb the functions of Recycling Victoria, to disclose information or data to carry out their functions or exercise powers in collaboration with the Department of Energy, Environment and Climate Action.

This was not previously included in the Circular Economy Act, because the Head, Recycling Victoria was administratively contained within the Department.

Other consequential amendments ensure the correct sequencing of Circular Economy Risk Consequence and Contingency (CERCC) Plans and Responsible Entities Risk Consequence and Contingency (RERCC) Plans as intended under the Circular Economy Act. The Entities Bill amended both these plans to be three yearly, instead of annual. This amendment ensures that CERCC Plans are published first, with RERCC Plans required to be submitted later in the same year, informed by the most recent CERCC Plan. It also ensures responsible entities have adequate time to complete their RERCC Plans and associated statements of assurance.

As you can see, this Bill addresses a wide range of matters, ranging from the phase out of cheques, an initiative at the federal level, to modernising outdated terms like ‘chairman’ in legislation. However, in all the initiatives I have described for you today, there is a single common thread, which is the commitment of this Government to bettering the lives of Victorians by making simple, straightforward improvements to legislation. This Bill provides important benefits – such as clearer, fairer and more modern laws and regulations, improved accessibility of government schemes, strengthened integrity measures for local governments and refined regulatory tools for agencies, which do such important work to protect our environment and community.

I commend the Bill to the house.

 Bridget VALLENCE (Evelyn) (10:47): I move:

That the debate be adjourned.

Motion agreed to and debate adjourned.

Ordered that debate be adjourned for two weeks. Debate adjourned until Wednesday 4 March.