Thursday, 6 February 2020
Bills
Project Development and Construction Management Amendment Bill 2020
Project Development and Construction Management Amendment Bill 2020
Statement of compatibility
Mr WYNNE (Richmond—Minister for Housing, Minister for Multicultural Affairs, Minister for Planning) (10:10): In accordance with the Charter of Human Rights and Responsibilities Act 2006 I table a statement of compatibility in relation to the Project Development and Construction Management Amendment Bill 2020.
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 Project Development and Construction Management Amendment Bill 2020.
In my opinion, the Project Development and Construction Management Amendment Bill 2020 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 main purpose of the Bill is to amend the Project Development and Construction Management Act 1994 (the Act) following the Machinery of Government (MOG) changes of 1 January 2019 (MOG). After the MOG, the Department of Transport became the legal successor to the Department of Economic Development, Jobs, Transport and Resources and therefore the body corporate established under section 41A of the Act is now the Secretary to the Department of Transport, by virtue of section 7 of the Administrative Arrangements Act 1983 although the Department of Jobs, Precincts and Regions continues to have budget and policy responsibilities for nominated projects.
The Bill establishes a mechanism under the Act to create a new body corporate constituted by the Secretary to the Department of Jobs, Precincts and Regions and transfer to the new body corporate property, rights and liabilities of the existing Secretary to the Department of Transport body corporate.
The Bill also makes some technical and minor amendments to the Act to further clarify the meaning and operation of the legislation.
Human Rights Issues
The Bill does not engage the Charter Act because it does not raise any human rights issues.
Conclusion
I consider that the Bill is compatible with the Charter Act because it does not raise any human rights issues.
Hon Richard Wynne MP
Minister for Planning
Second reading
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 Project Development and Construction Management Amendment Bill 2020 is required because of the Machinery of Government (MOG) changes that took effect on 1 January 2019.
The Department of Transport became the legal successor to the Department of Economic Development, Jobs, Transport and Resources in the MOG change. Following on from this, the body corporate established under Project Development and Construction Management Act 1994 is now the Secretary to the Department of Transport and not the Secretary to the Department of Jobs, Precincts and Regions.
This has resulted in a number of projects nominated under the Project Development and Construction Management Act 1994 for which the Department of Jobs, Precincts and Regions has budget and policy responsibility for, incorrectly sitting in the Department of Transport for example, the Melbourne Convention Centre Development Project; the Melbourne Markets Relocation Project; Biosciences Research Centre Project and Royal Melbourne Showgrounds Redevelopment Project.
The Bill amends the Project Development and Construction Management Act 1994 to ensure the efficient governance of projects administrated by the Department of Jobs, Precincts and Regions which were affected by the MOG changes by creating a body corporate constituted by the Secretary to the declared Department and providing for the declared Department to be declared by Order in Council under a new section 5AA to the Act. This will allow a new body corporate constituted by the Secretary to the Department of Jobs, Precincts and Regions to be created by making an Order in Council that nominates the Department of Jobs, Precincts and Regions as the declared Department.
The Bill inserts a new section 48 into the Act which provides a mechanism to transfer to the new Secretary body corporate property, rights or liabilities of the existing body corporate constituted by the Secretary to the Department of Transport, other than property, rights or liabilities associated with historical transport projects which will be transferred to the Head, Transport for Victoria under the new section 61 of the Act.
The Bill introduces a generic name for the Secretary body corporate, being “Secretary, Project Development”, rather than including the name of a department as part of the name of the body corporate (i.e. Secretary to DJPR), so that the name of the body corporate is not affected by changes to the name of the Department in the future or to address other MOG changes.
The Bill manages the impact of future MOG changes under new Part 8 of the Act to avoid the need for similar legislative changes to the Project Development and Construction Management Act 1994 where a further MOG change occurs in the following scenarios:
• Where the administration of the Secretary, Project Development is moved to a new Department established under section 10(a) of the Public Administration Act 2014 or to a different existing Department; or
• Where the name of a Department is changed under section 10(c) of the Public Administration Act 2014 and the Secretary to that Department is the Secretary, Project Development under the Act.
To ensure greater efficiency in administering project functions under the Act, the Bill removes the requirement in section 11 of the Act to obtain the consent of the Minister for delegations and sub-delegations of the functions of the Secretary, Project Development to officers of the declared Department, which will be DJPR in the first instance. This will increase the efficiency of teams delivering projects under the Act.
The Bill will also make other technical and minor amendments, including the repeal of spent provisions in the Project Development and Construction Management Act 1994 as well as some consequential amendments to the Planning and Environment Act 1987.
In conclusion, this Bill will ensure the efficient governance of projects administered by the Department of Jobs, Precincts and Regions which were affected by the MOG and will ensure that all property, rights and liabilities relating to those projects are legally vested in the Secretary to the Department of Jobs, Precincts and Regions as Secretary, Project Development and that all transport related projects are legally vested with the Head, Transport for Victoria. The passage of the Bill will also provide the Department of Jobs, Precincts and Regions with the opportunity to deliver new Priority Precincts projects and deal with land under the Project Development and Construction Management Act 1994 which will have positive economic development outcomes for Victoria by creating new employment opportunities and optimising land use within the Priority Precincts to benefit Victorians.
I commend the Bill to the house.
Mr WELLS (Rowville) (10:11): I move:
That the debate be now adjourned.
Motion agreed to and debate adjourned.
Ordered that debate be adjourned for two weeks. Debate adjourned until Thursday, 20 February.