Thursday, 10 February 2022
Bills
Regulatory Legislation Amendment (Reform) Bill 2021
Regulatory Legislation Amendment (Reform) Bill 2021
Introduction and first reading
The PRESIDENT (22:03): I have a message from the Assembly:
The Legislative Assembly presents for the agreement of the Legislative Council ‘A Bill for an Act to amend the Child Wellbeing and Safety Act 2005, the Children’s Services Act 1996, the Education and Care Services National Law Act 2010, the Education and Training Reform Act 2006, the Electoral Act 2002, the Electoral Boundaries Commission Act 1982, the Essential Services Commission Act 2001, the Financial Management Act 1994, the Housing Act 1983, the Industrial Relations Legislation Amendment Act 2021, the Interpretation of Legislation Act 1984, the Local Government Act 2020, the Parliamentary Committees Act 2003, the Pharmacy Regulation Act 2010, the Public Health and Wellbeing Act 2008 and the Tobacco Act 1987 and to make minor and technical amendments to other Acts and for other purposes’.
That the bill be now read a first time.
Motion agreed to.
Read first time.
Ms SYMES: I move, by leave:
That the second reading be taken forthwith.
Motion agreed to.
Statement of compatibility
Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (22:05): I lay on the table a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006:
In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (Charter), I make this Statement of Compatibility with respect to the Regulatory Legislation Amendment (Reform) Bill 2021 (the Bill).
In my opinion, the Bill, as introduced to the Legislative Council, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.
Overview
The Bill amends laws across a range of ministerial portfolios to:
• increase the flexibility for regulators and agencies to provide fee relief to citizens and businesses during emergencies by amending the Financial Management Act 1994;
• modernise requirements for public notices to be published in newspapers by amending the Interpretation of Legislation Act 1984, and requirements for the publication of electoral boundaries by amending the Electoral Boundaries Commission Act 1982;
• implement the Government’s response to the recommendations of the Electoral Matters Committee into the conduct of the 2018 state election by amending the Electoral Act 2002;
• streamline reporting arrangements for registered housing agencies and ensure that boards of registered housing agencies certify reporting against performance standards by amending the Housing Act 1983;
• make permanent the ability of certain bodies to meet electronically, namely, local councils and regional libraries, and Joint Investigatory Committees of Parliament, under the Local Government Act 2020 and Parliamentary Committees Act 2003, respectively;
• make permanent the ability of the Victorian Institute of Teaching to extend the registration of certain teachers by amending the Education and Training Reform Act 2006;
• allow the Secretary of the Department of Health to appoint inspectors from a wider range of eligible persons to enforce the Tobacco Act 1987 including in alpine resorts, and make other improvements to that Act;
• remove impediments to a range of virtual or electronic activities under the Pharmacy Regulation Act 2010 and make other improvements to that Act; and
• make minor corrections and updates to various Acts.
Human Rights Issues
Some of the proposed measures 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 life (section 9);
• right to freedom of expression (section 15);
• right to take part in public life (section 18); and
• right to a fair hearing (section 24).
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.
Modernisation of public notice requirements in print newspapers
Part 11 of this Bill includes proposed measures to modernise public notices by providing that requirements in Victorian legislation or regulations for public notices to be published in a print newspaper may be met through electronic publication—for example, on an approved alternative publication Internet site or in another prescribed way (clause 38). Section 15 of the Charter provides that every person has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds. These measures engage these rights. To some extent, freedom of expression under section 15 will be limited due to the reduced availability of information in print newspapers.
The limitation is necessary, in my view, to enable the consolidation and improved dissemination and receipt of information online, as well as enhanced user functionality (for example, the ability to search for and locate previous public notices in one online repository, and to set up alerts for certain kinds of public notices).
The proposed amendments will also promote section 15 by reducing the risk that public notices may be missed by newspaper readers where the notice is at the back of the paper, for example, and the reader has not turned every page on the day(s) the notice is published.
By providing an alternative to publishing public notices in print newspapers, rather than mandating the use of electronic notices, the proposal is no more restrictive than is necessary to achieve its objectives of modernising the publication and consolidation of public information. Proposed guidelines will assist departments and agencies in determining whether print publication may still be appropriate in specific circumstances (most likely, this would be additional to electronic publication). For example, regional print newspapers may
remain the most appropriate and targeted way to reach remote towns and specific cohorts when notice of appointees to a board in a local community is required. Further, clause 39 of this Bill includes a regulation-making power to prescribe (among other things) exceptions to provide for circumstances where it is appropriate for newspaper-based publication to remain mandatory.
The proposed measures also promote section 15 by providing necessary flexibility for government, businesses and other persons or entities in reaching their desired audience(s) given recent closures of many regional print newspapers where public notices may be required under legislation, and the potential for further newspaper closures in the future.
Electoral reforms
Part 6 of the Bill proposes measures to require the Victorian Electoral Commission to provide a period of notice to candidates and parties about a recount, including specified details about the recount. Part 6 also requires the Victorian Electoral Commission to notify the relevant registered officer of registered political parties and the contact officers identified in nomination forms for non-party-endorsed candidates, as well as the candidates (clause 25)
These measures engage and promote the right to take part in public life under section 18 of the Charter, which includes the right under section 18(2) to vote and be elected at periodic State and municipal elections that guarantee the free expression of the will of the electors. These measures engage and promote this right under the Charter by fostering greater transparency and notice to parties and candidates about recounts, and allowing them more time to organise scrutineers to attend recounts. Scrutineers play an essential role in preventing errors and fraud counting. Scrutineers are particularly important in recounts, which generally only occur where there are close results.
The Bill also proposes measures to allow early votes to be processed earlier and at the same time as postal votes, that is, from 8 am on election day, rather than 4 pm (clause 24). This measure engages and promotes the right to take part in public life under section 18 of the Charter by allowing more votes to be counted by the end of election night, allowing the quicker release of results to the public and reducing the administrative pressure on the Victorian Electoral Commission. It is also proposed that scrutineers have access to observe the earlier processing of early votes, to ensure there are no errors or fraud in how they are processed.
The Bill further includes measures to clarify the number of political signs candidates and registered political parties may have at the designated entrance to the premises in which a voting centre is located, and prohibit any billboard being displayed while being transported within 100 metres of voting centres (clause 26). These measures engage and may limit the right to freedom of expression under section 15 of the Charter by restricting the amount of political information that can be displayed and received at voting centres. Specifically, section 15(2) of the Charter provides that every person has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds—whether orally, in writing, in print or by way of art or other medium.
In my view, these measures may be a lawful restriction reasonably necessary under section 15(3) to respect the rights and reputation of other persons, and to protect public order, as they apply on the grounds of enabling citizens to engage their right to vote and promoting the right to take part in public life under section 18 of the Charter.
In the alternative, if these restrictions do not fall within section 15(3), and ‘limit’ the right, these restrictions are justified as they are necessary to ensure a level footing for candidates and parties when campaigning to electors, promote public confidence in the fairness of the electoral system, and ensure the efficient running of voting centres. By doing so, they will also engage and promote the right to take part in public life.
A proposed measure in the Bill to prohibit any person or organisation, other than the Victorian Electoral Commission from distributing postal vote application forms (clause 23) will engage, and limit the right to freedom of expression under section 15 of the Charter by restricting the means for disseminating and receiving information.
This limitation is reasonable, proportionate, and necessary to address concerns and perceptions that the Victorian Electoral Commission may be biased resulting from campaign material being attached to postal vote application forms. The proposed measure will ensure that the public maintains confidence in the Victorian Electoral Commission, and the voting process more generally, thereby engaging and promoting the right to take part in public life. Further, the proposed measure will provide that it is not an offence for a person to make available at a post office an application to vote by post, which is provided by the Victorian Electoral Commission, to allow for the collection of applications at post offices.
Publication of electoral boundaries
Part 7 of the Bill includes the proposed measure to replace requirements for hardcopy maps of electoral boundaries to be displayed at the offices of municipal councils with requirements to publish the map on the website of the Electoral Boundaries Commission, with hard copies to be available on request (clause 28) will engage the right to freedom of expression, which includes the right to receive information, in section 15 of the Charter.
The measure will not limit the forms in which information will be available because hard copies will remain available on request for those who are not digitally literate or who would otherwise prefer a hardcopy.
The Victorian Electoral Commissioner wrote to the former Special Minister of State in February 2020 advising that in the 2013 redivision, the Electoral Boundaries Commission received no evidence that members of the public inspected maps of the proposed boundaries at municipal offices.
In my view, these measures will engage the right to freedom of expression but will not limit them.
Electronic communications
Parts 12, 13 and 14 of the Bill include proposed measures to allow the following to occur by electronic means: meetings, inspections and panel hearings of the Victorian Pharmacy Authority (clauses 51 to 55), meetings of local councils and regional libraries (clauses 40 to 43), and sittings of the Joint Investigatory Committees of the Victorian Parliament (clause 46). These measures engage the right to freedom of expression, which includes the right to receive information, in section 15 of the Charter.
In the case of local councils, regional libraries, and Joint Investigatory Committees, the amendments also engage the right to participate in the conduct of public life under section 18(1) of the Charter, by limiting a person’s physical presence at the meetings in some circumstances. In the case of electronic meetings and panel hearings of the Victorian Pharmacy Authority, a person’s right to engage in public life as member of a profession may be engaged. The right to participate in the conduct of public life applies to a wide range of activities such as state and local politics and public administration, and includes the right to vote and access public services offered by government and local councils.
However, I am satisfied that the proposed measures do not limit the right to freedom of expression, or to participate in public life, as they provide an alternative way to exercise these rights in response to the impact of the coronavirus (COVID-19) pandemic and any future emergencies that may limit the feasibility or legality of face-to-face meetings.
Subject to any other laws and public health directions, the format of local council meetings will remain accordance with the councils’ own within the Governance Rules.
A local council is also required to ensure that meetings are open to the public (clause 42). For council meetings held by electronic means, the council must stream the meeting live on the council’s website, or follow any other prescribed means of communication. In the case of delegated committee meetings, a further alternative to live streaming is to record the meeting and publish it as soon as practicable afterwards on the council’s website.
The proposed measures also provide added flexibility to accommodate participation from regional, remote or mobility-challenged individuals or those with care responsibilities. In doing so, promote the right to participate in public life, which applies to a wide range of activities such as state and local politics and public administration. By enhancing participation, these measures also engage and promote the right to recognition and equality before the law under section 8 of the Charter, which recognises that all Victorians have the right to be recognised as a person, to enjoy their rights without discrimination, and to be treated equally under the law.
The provision for virtual panel hearings of the Victorian Pharmacy Authority may engage and promote (or otherwise be consistent with) the right to a fair hearing under section 24 of the Charter, which includes the right to a fair and public hearing, and to have their case decided by a competent, independent and impartial court of tribunal.
While the panel is not a court or tribunal, the ability to attend a panel hearing by virtual means allows a pharmacist and their legal representative flexibility in terms of time and expense, by permitting their presence by remote access at a panel hearing. The ability to attend virtually also means that the selection of panel members may be drawn from wider sources, thereby drawing on pharmacists with a greater range of experience.
Enforcement of the Tobacco Act 1987
Part 16 of the Bill includes proposed amendments to the Tobacco Act 1987 seeking to extend where tobacco inspections can take place, including to enforce provisions of the Act in alpine resorts; and the capacity of inspectors, by virtue of being authorised (clauses 57 to 58). These proposed amendments may engage and protect the right to life under section 9 of the Charter, requiring public authorities to respect the right to life when using force, delivering medical treatment or examining their own conduct if someone dies in their care.
By providing inspectors with an authorisation which gives them the capacity to enforce the ban on smoking in certain areas, this measure further protects the community from the detrimental health effects of second-hand smoke, further protecting the right to life.
Jaclyn Symes MLC
Attorney-General
Second reading
That the second-reading speech be incorporated into Hansard.
Motion agreed to.
Ms SYMES: I move:
That the bill be now read a second time.
Incorporated speech as follows:
I am immensely proud of the way Victorians have risen to the challenges posed by the COVID-19 pandemic, and the way businesses and citizens have pivoted their daily activities—it has been a big ask of them, and not without economic and social impacts.
As the pandemic continues to test the global community for the foreseeable future, the Victorian Government remains committed to supporting Victoria’s economic recovery.
A key part of this is ensuring that our regulatory systems continue to be effective in managing harms, while being more resilient and flexible in the face of this—and any future—emergency.
The Regulatory Legislation Amendment (Reform) Bill 2021 before the house today will strengthen the ability of Victorian regulators and regulatory systems to respond to emergencies such as the COVID-19 pandemic both now and for times to come. This Bill has four main objectives.
Firstly, it will help regulators deal with the next emergency by increasing flexibility for regulators to provide fee relief during emergencies through amendments to the Financial Management Act 1994.
The current pandemic and 2019 bushfires have shown that not all Victorian regulators and agencies have adequate powers to waive, defer, refund or reduce fees or other charges, putting Victorian citizens and businesses at risk of financial hardship. The proposed amendments will enable agencies to whom a fee is payable to waive, defer, refund or reduce a fee in whole or part where a person or entity is suffering from financial hardship or special circumstances exist.
Regulators and agencies must have regard to guidelines on the use of fee waiver powers during emergencies, and the power will have effect for up to six months after the end of the emergency period (or consecutive sequence of emergencies). This will ensure that lingering financial detriment can be addressed.
The Assistant Treasurer and Treasurer will be jointly and severally responsible for the provisions in the Financial Management Act relating to the general fee relief power (proposed Part 7C) and for the regulation-making power to the extent that the regulations relate to the general fee relief provisions (proposed section 59(1)(da)).
Secondly, this Bill will make permanent some of the regulatory changes made in response to the pandemic on a temporary basis. It includes measures to:
• maintain the ability for local councils and regional libraries to meet virtually under the Local Government Act 2020; and
• provide flexibility to Joint Investigative Committees of Parliament to continue to meet virtually under the Parliamentary Committees Act 2003.
These measures will provide ongoing flexibility for these bodies to meet virtually. This flexibility is to be used at the discretion of these bodies, subject to any other laws and health directions. These measures will facilitate ongoing participation from regional, remote or mobility-challenged individuals, or those with care responsibilities.
They also mean that meetings held by local councils and regional libraries, and by Joint Investigatory Committees, can occur safely where health directions may limit face-to-face contact, or where a virtual meeting may be more appropriate for other reasons.
This Bill also helps schools that may be dealing with an undersupply of registered and suitable teachers by reinstating the ability of the Victorian Institute of Teaching under the Education and Training Reform Act 2006 to extend certain types of registrations for up to 12 months, these being the provisional registration of teachers and early childhood teachers, non-practising registration of teachers and early childhood teachers, and permissions to teach.
This measure is consistent with the existing ability for other types of registration under that Act to be extended, and will reduce the financial and administrative impacts on teachers who may otherwise need to renew their registrations sooner.
Thirdly, this Bill will support technology-neutral legislation and the use of digital communications and technologies by government, businesses or citizens.
It includes measures to remove impediments under the Pharmacy Regulation Act 2010 to the Victorian Pharmacy Authority conducting meetings, inspections and panel hearings by virtual means. This provides increased flexibility, participation by those who are remote or regional, mobility-impaired or with care responsibilities, and the capacity for this Authority to continue its work when health directions or other circumstances may limit face-to-face contact.
This Bill will also update requirements under the Electoral Boundaries Commission Act 1982 for maps of proposed boundaries of electoral regions and districts to be exhibited at every municipal office, which is currently a costly exercise delivering few practical benefits. This outdated requirement will be replaced with publication of the map on the Electoral Boundaries Commission website, with hard copies available on request.
Further, this Bill will modernise public notice requirements by amending the Interpretation of Legislation Act 1984, to allow any requirement in Victorian Acts or regulations for public notices to be published in print newspapers to be met by online publication on a designated website, subject to certain exceptions that may be prescribed. This will reduce costs and administrative burdens associated with print newspaper publication requirements, and consolidate information for the public in a more user-friendly way.
There are over 400 requirements across Victorian Acts and regulations for public notices to be published in print newspapers with most (approximately 80 per cent) relating to government activities. However, this does not necessarily reflect where the burden of compliance falls, as some obligations disproportionately affect certain businesses or individuals (such as publication under planning laws), and some are more costly (such as notices relating to environmental impact statements).
The central website will be available at the vic.gov.au domain, and include enhanced search functionalities for readers, allowing them to share public notices and set up alerts. It will also allow government to create prompts, where needed, to assist businesses and to upload compliant notices. Businesses that are currently required to publish public notices in print newspapers are expected to save approximately $400 to $1,700 in print advertising costs per notice, as well as make time savings.
These measures will particularly help new businesses that need to issue public notices before trading, as well as businesses pivoting their operations during emergencies and other times of change.
This Bill will not remove the option of print publication, which may in certain circumstances remain best means of reaching certain audiences, including vulnerable, multicultural or elderly audiences, and local newspapers will generally remain the best way to notify a community of local issues. There will also be guidelines to assist government departments and public statutory agencies to adopt a consistent and principled approach in determining the appropriate means of publication for particular types of notices that are intended to reach certain audiences.
Additional safeguards are provided through this Bill’s provision for a regulation-making power to prescribe exceptions where certain public notices will not be deemed satisfied by electronic publication, and print newspaper publication will remain mandatory. The need for these regulations will be closely monitored and assessed.
This Bill also provides flexibility for parties where closures of print newspapers would make, or have made, compliance with the current requirements to publish in print newspapers under Victorian laws difficult or impossible.
This Bill also gives departments and agencies the flexibility to phase in electronic notices over the timeframe that best suits their stakeholders and intended audiences, ensuring that businesses and the public have time to adjust to the changes. These changes are being supported by a plan to communicate the changes to non-government stakeholders, including businesses and the broader community, to ensure a successful transition to online notification and ensure that the public knows where to access information.
In modernising various print and other requirements, this Bill also supports Victoria’s commitment to the national Council on Federal Financial Relations to promote technology-neutral legislation.
The Assistant Treasurer and Attorney-General will be jointly and severally responsible for the provisions in the Interpretation of Legislation Act relating to the publication of public notices (proposed sections 38M to 38P) and the regulation-making power (in proposed section 65) to the extent that those regulations relate to the publication of public notices.
Lastly, but not least, the Bill will make miscellaneous changes to support efficient and effective regulatory systems.
These include measures to improve the conduct of Victoria’s electoral system under the Electoral Act 2002 by implementing the Victorian Government’s response to the August 2020 report of the Electoral Matters Committee of the Victorian Parliament. The Electoral Matters Committee was tasked by the Parliament in May 2019 to conduct an inquiry into the conduct of the 2018 Victorian state election, and the Government’s response was tabled in Parliament on 16 February 2021.
The Bill will ensure clarity and transparency in the way candidates and political parties are notified of recounts of votes by providing an explicit and clear process for the Victorian Electoral Commission to communicate its decision to carry out a recount. New recount requirements will specify what details must be included in the notification, and the minimum period between notification and commencement of a recount. The Victorian Electoral Commission will also be required to notify the relevant registered officer of registered political parties and nominated contact persons for non-party-endorsed candidates, as well as the candidates. The new requirements are important given the essential role scrutineers play in preventing errors and fraud in vote counting.
The Bill also increases clarity about the use of political signage. New requirements were introduced in 2018 in the Electoral Act to limit the amount of political signage that can be exhibited within 100 metres of a designated entrance to a voting centre. The Electoral Matters Committee found that these new requirements were unclear about the number of signs that can be set up and who is responsible for displaying the signs as well as concerns about inconsistent enforcement by the Victorian Electoral Commission, likely due to the confusion about the new requirements.
To address these concerns, this Bill proposes to clarify that a candidate can have two signs at voting centres, and in addition to this registered political parties can have two signs of the specified size at voting centres. However, if a registered political party has endorsed two or more candidates for the Legislative Council in an election, no more than two signs in total may be displayed by those candidates. This will mean that where a party has endorsed a candidate in the Lower House and one or more candidates in the Upper House, there could be a total of six signs displayed at an entrance: two for the Lower House candidate, two in total for the Upper House candidate(s), and two for the political party that has endorsed those candidates. Candidates must also designate a person responsible for the electoral signs. This will ensure a level footing for all political parties and candidates.
Further, the Bill will clarify the use of mobile billboards that were transported and displayed by vehicles near voting centres during the 2018 state election where the relevant political party already had the maximum number of signs permitted at these voting centres. The Bill will ensure that billboards cannot be displayed while being transported by any means within 100 metres of voting centres.
This Bill also provides for the Victorian Electoral Commission to recommend that regulations be made to prescribe certain premises as being exempt from the 100-metres restriction where appropriate. This is to address the issue raised in the Electoral Matters Committee report that the signage restriction in the Electoral Act may prevent a candidate’s office from displaying political signage if it is within 100 metres of a voting centre. Regulations will be developed in consultation with the Victorian Electoral Commission.
Additionally, the Bill also proposes measures to allow early votes to be processed earlier and at the same time as postal votes. This reform will result in the quicker release of results to the public, and allows for a more efficient distribution of the workload for the Victorian Electoral Commission. As recommended by the Electoral Matters Committee, the Bill will change the current time that the Victorian Electoral Commission can process early votes from 4 pm on election day to the earlier time of 8 am on election day (at the same time as postal votes). The Bill will enable scrutineers to observe the earlier processing of early votes, to ensure there are no errors or fraud in how they are processed.
Further, this Bill will promote public confidence in the electoral system and impartiality of the Victorian Electoral Commission by prohibiting any person or organisation, other than the Victorian Electoral Commission, from distributing postal vote applications, as recommended by the Electoral Matters Committee. The proposed measure will provide that it is not an offence for a person to make available at a post office an application to vote by post, which is provided by the Victorian Electoral Commission, to allow for the collection of applications at post offices. This measure responds to increasing complaints about political parties sending voters postal vote applications and the risks of perceived bias on the part of the Victorian Electoral Commission.
Collectively, these electoral reforms will strengthen democratic processes in Victoria, and are supported by the Victorian Electoral Commission.
Other measures in the Bill to promote efficient and effective regulatory systems include amendments to the Pharmacy Regulation Act to reduce regulatory burdens on pharmacy businesses by allowing for late applications (through a 28-day late lodgement period) and late fees for the annual renewal of licences and registration. This ensures that owners do not become unlicensed, and pharmacy premises do not become unregistered, simply because the owner is late is submitting the annual renewal. This prevents licensees unnecessarily needing to make a new application, which is more onerous than the renewal process.
Further, while the owner is unlicensed and/or the premise is unregistered, the Victorian Pharmacy Authority is unable to regulate its operation other than through a prosecution for operating without licence/registration.
Additionally, the Bill also seeks to strengthen the governance of registered housing agencies under the Housing Act 1993. These agencies are not-for-profit organisations that provide community housing to people on low and very low incomes through the Victorian Housing Register, including crisis housing, specialist disability accommodation and rooming houses. These agencies play a key role in providing housing for the vulnerable and disadvantaged in our community.
The Bill seeks to streamline annual reporting requirements for registered agencies by requiring reporting against performance standards by 31 October each year, and financial performance reports to be provided to the Housing Register no more 14 days after an Annual General Meeting, rather than the current 28 days after an Annual General Meeting for both reports. Earlier provision of this information will facilitate the earlier completion of compliance assessments. This will enable the Registrar to provide registered agencies with earlier and more responsive feedback that can inform registered agencies’ planning and improvement processes for the subsequent financial year.
Further, these measures will allow any compliance issues to be addressed earlier, for example, through regulatory action plans. These measures will also facilitate the earlier publication of performance and compliance information, which is used by a range of different stakeholders including funders, other parts of government, advocates and the industry body. The industry body, Community Housing Industry Association (CHIA) Vic, has indicated this compliance and performance information is much more valuable to the sector if it can be produced earlier.
While these reporting requirements will be streamlined, the policy intention is to allow for some additional flexibility elsewhere by giving registered agencies more time in which to notify the Housing Registrar of changes to information recorded in the Register of Housing Agencies (28 days rather than 14 days).
The Bill will also require an agency’s board to certify an agency’s self-assessment against performance standards, to ensure appropriate board oversight and support a positive compliance and risk culture. This is the level of oversight the Housing Registrar would expect from a board and provides confidence in the self-assessment of compliance status and performance information. This approach is considered best practice and is consistent with the approach of the Scottish Housing Regulator. Consultations undertaken by the Housing Registrar indicated general support from registered housing agencies for these reforms. In strengthening governance processes, the Bill supports a robust and responsive regulatory framework for registered community housing agencies that support the needs of vulnerable Victorians.
Additionally, the Bill will promote regulatory flexibility in the Tobacco Act 1987 by allowing the Secretary of the Department of Health to appoint inspectors from a wider range of eligible persons, and not only inspectors from local councils or from the public service. This will address shortages of inspectors, such as when local council inspectors are diverted to COVID-19 or other emergency activities, and provide greater flexibility to increase the Victorian Government’s capacity to address priority issues.
This Bill will also ensure that inspectors can be appointed for alpine resorts that are not part of any local council area, and can enforce the Tobacco Act in Victorian alpine resorts located on Crown land. The Secretary must be satisfied the appointees are appropriately qualified or trained, for example, as Environmental Health Officers, and will have power to issue directions to them.
The Bill will further amend the Tobacco Act to allow fines to be imposed for the existing offence for smoking in an outdoor drinking area that is not separated from an outdoor dining area, at a minimum, by a 4-metre buffer zone or 2.1 metre wall. This means that occupiers (persons or bodies corporate who are in charge of the area) who breach the law are subject to more proportionate penalties (rather than larger penalties at court) enforceable as an infringement offence meaning that a fine can be imposed, and that the costly exercise of prosecution is only reserved for more serious breaches or recalcitrant offenders. This will enhance compliance outcomes to protect Victorians from the serious health risks posed by second-hand smoke.
The Bill also seeks to amend the Essential Services Commission Act 2001 to allow information-gathering powers of the Essential Services Commission to a be delegated to a Commissioner of the Essential Services Commission, or to executives and senior staff in the Victorian Public Service administering that Act, to support the efficient exercise of those powers.
Finally, this Bill will make minor ‘housekeeping’ amendments to correct inaccurate or outdated legislative references, or make technical consequential changes to, the Education and Care Services National Law Act 2010, Children’s Services Act 1996, Child Wellbeing and Safety Act 2005, Public Health and Wellbeing Act 2008, and Industrial Relations Legislation Amendment Act 2021.
The Bill will also amend outdated legislative references to Fair Work Australia to now refer to the Fair Work Commission in the Country Fire Authority Act 1958, Disability Act 2006, Equality Opportunity Act 2010, Offshore Petroleum and Greenhouse Gas Storage Act 2010, Pre-school Teachers and Assistants (Leave) Act 1984 and Public Sector Employment (Award Entitlements) Act 2006.
This Bill will further replace, in all identified Victorian laws, outdated references to the Council of Australian Governments (COAG) and other intergovernmental bodies, following the disbandment of COAG in May 2020 and the establishment of National Cabinet. Although the timing for the progression of the Commonwealth’s COAG Legislation Amendment Bill 2021 is still unclear, the drafting adopted in the Bill is intended to future proof references against other changes over time. Other jurisdictions have committed to updating the outdated references and have commenced this process.
In summary, this Bill covers a wide range of matters but its objectives are clear and focused on supporting regulatory resilience, clarity and flexibility, and supporting economic recovery. This includes reductions in regulatory fees and burdens, where appropriate.
I note the importance of these reforms being passed both to assure the public about the robustness of Victoria’s electoral processes ahead of the 2022 state election, and ensure that our regulators have important emergency preparedness measures in place before the next emergency occurs.
I commend the Bill to the House.
Mr ONDARCHIE (Northern Metropolitan) (22:05): I move, on behalf of my colleague Mr Davis:
That debate on this matter be adjourned for one week.
Motion agreed to and debate adjourned for one week.