Thursday, 18 August 2022
Bills
State Sport Centres Legislation Amendment Bill 2022
State Sport Centres Legislation Amendment Bill 2022
Introduction and first reading
The PRESIDENT (17:51): I have another message:
The Legislative Assembly presents for the agreement of the Legislative Council ‘A Bill for an Act to amend the State Sport Centres Act 1994, the Melbourne and Olympic Parks Act 1985, the Australian Grands Prix Act 1994, the Albert Park Land Act 1972, the Major Events Act 2009 and for other purposes’.
That the bill be now read a first time.
Motion agreed to.
Read first time.
Ms SHING: I move, by leave:
That the second reading be taken forthwith.
Motion agreed to.
Statement of compatibility
Ms SHING (Eastern Victoria—Minister for Water, Minister for Regional Development, Minister for Equality) (17:52): 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, (the Charter), I make this Statement of Compatibility with respect to the State Sport Centres Legislation Amendment Bill 2022 (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 of Bill
The Bill amends the State Sport Centres Act 1994 (the SSC Act) to provide for the State Sport Centres Trust (Trust) to manage and operate the Knox Regional Sports Park, the Knox Regional Sports Park land, the Lakeside Stadium, and the Lakeside Oval Reserve land, and make other minor changes to improve the efficiency and effectiveness of the Trust’s operations. Both the Knox Regional Sports Park land and the Lakeside Oval Reserve land are Crown lands reserved under the Crown Land (Reserves) Act 1978 (the CLR Act), which are currently managed under that Act and reserved for the purposes of public park(s). The Trust is currently appointed as committee of management of the Lakeside Oval Reserve land under the CLR Act. The Bill revokes that appointment and provides for the Lakeside Oval Reserve land to be managed by the Trust under the SSC Act, exercising its statutory functions and powers conferred on it by the Bill under that Act, rather than as a committee of management under the CLR Act.
The Trust has recently been granted a lease under the CLR Act to manage the Knox Regional Sports Park land. The Bill provides for that lease to be preserved and survive commencement of the Bill until (the lease) is terminated or would have otherwise expired. Upon termination of the Lease, the Bill provides for the Knox Regional Sports Park land to be managed by the Trust under the SSC Act, rather than under the lease granted under the CLR Act.
The Bill also amends the Melbourne and Olympic Parks Act 1985 (the MOP Act) to excise a parcel of the national tennis centre land following road widening at Hoddle Street, and makes consequential amendments to the Australian Grands Prix Act 1994 (the AGP Act), the Albert Park Land Act 1972 and the Major Events Act 2009 (the ME Act).
Human Rights Issues
I have considered the Charter’s application to the Bill. The human rights protected by the Charter that are relevant to the Bill are:
• section 12 Freedom of movement; and
• section 20 Property rights.
To the extent that the Bill limits any Charter rights, such limits are minimal and, in any event, are clear, reasonable, proportionate and justifiable in accordance with section 7(2) of the Charter.
Freedom of movement
Section 12 of the Charter provides that every person lawfully within Victoria has the right to move freely within Victoria and to enter and leave it and has the freedom to choose where to live. The Bill engages the right to freedom of movement by—
• establishing requirements for entering Crown land and varying reservations over the Crown land;
• amending existing consultation requirements in relation to roads and road closures; and
• varying use of reserved land for use as a road.
However, for the reasons set out below, I am satisfied that the Bill does not limit the right to freedom of movement.
Crown land
The Bill provides for the Trust to be responsible for the State Sport Centres land, including the Knox Regional Sports Park land and the Lakeside Oval Reserve land, which are Crown lands reserved under the Crown Land (Reserves) Act 1978 (CLR Act) for the purpose of public parks.
Clause 7 amends section 22 of the SSC Act and provides that the Trust may charge fees for entry to the State Sport Centres or any part of the State Sport Centres land or for the use of any facilities or services at the Centres or on the land. Clause 8 inserts new section 23A into the SSC Act which provides that if the Trust is appointed as a committee of management under the CLR Act over any other land then the Trust may exercise its powers and functions under the SSC Act in relation to that land as if it were State Sport Centres land, including charging fees for entry to that land.
The amendments provide clarity and express provision for the Trust to charge fees as a trustee under the SSC Act, rather than as a committee of management (or any other power exercised) under the CLR Act.
The amendments in clauses 7 and 8 engage the right to freedom of movement by providing a framework to manage the movement of individuals on Crown land by allowing the Trust to charge fees for access to the Crown lands that it manages. Permission for committees of management or trustees to charge fees for entry exists in other Crown land legislation, such as the CLR Act. Charging fees for entry and use is necessary for the Trust to uphold its statutory duties of managing the land, including financial management, use, operation and promotion of the State Sports Centres and the State Sport Centres land. Managing access and use of the land and facilities promotes permitted uses of the land, for example, the purposes of sporting activities; by managing the use and access by way of charging fees for volume control, sporting activities undertaken using the fit-for-purpose facilities are promoted, and the risk of overcrowding and misuse of facilities is minimised.
For these reasons I am of the view that clauses 7 and 8 do not further limit the right to freedom of movement, and to the extent that may be limited, the limitations are lawful and not arbitrary and are balanced with promoting the right.
Clause 11 of the Bill varies the reservations made under the CLR Act in relation to the Knox Regional Sports Park land and the Lakeside Oval Reserve land, and provides that the land may be used for—
• the purposes of sporting, education, recreational, social or entertainment activities, or purposes connected with those purposes; or
• the erection of buildings or structures or the carrying out of works for those purposes.
The amendments in clause 11 engage the right to freedom of movement by varying the purposes that the Crown land may be used, which also engages how individuals may move through, remain in, enter or otherwise access the land. However, to the extent that the freedom is engaged by varying the reservations, the variations are for the public benefit and in the public interest. For this reason I am of the view that clause 11 does not limit the right to freedom of movement.
Temporary closure and modification of roads
Part 4 of the Bill makes consequential amendments to other Acts, relevantly, the AGP Act and the ME Act.
Clause 23 amends section 33 of the AGP Act to provide that the Corporation or the Trust may temporarily close any road or part of a road in the part of Albert Park that is Lakeside Oval Reserve land, with the consent of the Minister administering the SSC Act and the Minister administering the CLR Act, for the purpose of carrying out the Corporation’s or the Trust’s functions or exercising its powers. These are the same terms as currently provided for by section 33 of the AGP Act in relation to Melbourne Sports and Aquatic Centre land.
Division 3 of Part 4 of the Bill amends sections 109(3) and 110(4) of the ME Act, which concern the temporary closure of roads, and temporary modification of roads respectively.
Divisions 1 and 3 of Part 4 of the Bill engage the freedom of movement by providing requirements that the Minister administering the SSC Act, the CLR Act, and the ME Act must adhere to before temporarily closing or modifying roads which are part of reserved Crown land, and which would otherwise be accessible to the public (for the purposes for which they are reserved). It is my view that though the freedom is engaged, it is not limited by the Bill as the amendments provide clarity on pre-existing legislative requirements for the land and roads on the land, and any new requirements are limited to consultation with the particular ministers prior to the road closure or modification. Therefore the amendments provide no further limitation of the right.
National tennis centre land
Part 3 of the Bill amends the MOP Act excises a parcel of land from the National Tennis Centre Land, which is Crown land temporarily reserved as a site for public purposes, being, in particular, the purposes of the National Tennis Centre pursuant to the provisions of section 30E(2) of the MOP Act. The reservation over the excised land was revoked in 2020 and is to become a road.
The amendments to the MOP Act engage the freedom of movement as the way in which the public may access or move through the National Tennis Centre Land is different to how the public may access or move through a road. However, the land has been excised pursuant to an agreement to provide a portion of National Tennis Centre land to the Department of Transport for the purposes of the Hoddle Street Streamlining Project. Though the way individuals may access and move through the land will be different when the land is a road, it is not arbitrary, and promotes the use of and movement through the land as a road by increasing the volume of individuals who have access to that road. The reservation has been revoked prior to commencement of the Bill, and the amendments to the MOP Act are administrative in nature and do not further limit the right. For this reason I am of the view that Part 3 of the Bill does not limit the right to freedom of movement, and further, promotes that freedom.
Right to property
Section 20 of the Charter provides that a person must not be deprived of their property other than in accordance with law. An interference with property may amount to a ‘deprivation’ in circumstances where it effectively prevents a person from using or dealing with their property. However, the Charter permits deprivations of property so long as the powers which authorise the deprivation are conferred by legislation or common law, are confined and structured rather than unclear, are accessible to the public, and are formulated precisely. The Bill engages the right to property by—
• permitting the Trust to grant leases and licences over Crown land; and
• providing for certain existing property rights to prevail to the extent of any inconsistency with the Bill.
Clause 11 inserts new section 26FD into the SSC Act, which permits the Trust to grant leases over the Knox Regional Sports Park land and the Lakeside Oval Reserve land, or any parts of those lands. Clause 11 also inserts new section 26FE which permits the Trust to grant licences over the Knox Regional Sports Park land and the Lakeside Oval Reserve land, or any parts of those lands. Any leases or licences granted are subject to any covenants, exceptions, reservations and conditions that are determined by the Trust and approved by the Minister, and will have effect despite anything to the contrary in the Land Act 1958 or the CLR Act.
It is possible that clause 11 could have the effect of limiting lessees’ and licensees’ property rights by restricting the use of their property subject to any covenants, exceptions, reservations or conditions. However, to the extent that these clauses may cause a deprivation of property, I consider that any deprivation is permitted because it is expressly and clearly authorised under the SSC Act (as amended by the Bill).
Clause 17 inserts new section 41 into the SSC Act which provides for particular leases and licences granted under the CLR Act prior to commencement of the Bill to continue and have effect for the duration of the terms of those leases or licences. Clause 17 promotes the right to property by providing for these existing property rights to prevail to the extent of any inconsistency with the Bill.
The Hon. Jaala Pulford
Minister for Employment
Minister for Innovation, Medical Research and the Digital Economy
Minister for Small Business
Minister for Resources
Second reading
That the second-reading speech be incorporated into Hansard.
Motion agreed to.
Ms SHING: I move:
That the bill be now read a second time.
Incorporated speech as follows:
It is with pleasure that I introduce this Bill amending the State Sport Centres Act 1994 to extend and improve the management arrangements under which the State Sport Centres Trust operates. The Bill also amends the Melbourne and Olympic Parks Act 1985 to excise a parcel of National Tennis Centre land following road widening on Hoddle Street.
The State Sport Centres Trust has management responsibilities over the Melbourne Sports and Aquatic Centre, the State Netball and Hockey Centre and is the committee of management for Lakeside Stadium.
In 2019, these facilities attracted more than 2.5 million total visits, contributed $164.6 million in economic benefits to Victoria and provided over 1000 jobs. The State Sport Centres Trust provided further support to Victorian sport by hosting over 100 significant events in 2019, 20 professional and semi-professional or representative teams, and 32 sports tenants including 20 state sporting associations, the Victorian Institute of Sport, four national sporting organisations and eight other sporting tenants.
The Andrews Government made an election commitment in 2018 to redevelop the State Basketball Centre at Knox Regional Sports Park. When complete, the $132 million project will be one of Australia’s leading basketball centres and include training and administration facilities for the South East Melbourne Phoenix and upgraded facilities for Women’s National Basketball League team, the Deakin Melbourne Boomers, who are based there. It will also include 12 new community courts for local basketball competitions and regional facilities for gymnastics at local and elite levels.
It is fair to say we have delivered on our election commitment. Victoria is the epicentre of basketball in Australia and our state centre will become Australia’s premier facility. It is a great result for players of all ages and standards and means the future of the game in Victoria is strong. The $105 million contribution from the Andrews Government made to this redevelopment has supported more than 500 jobs in construction and when completed in 2023, will host up to two million visitors a year and support more than 100 ongoing jobs.
To protect the investment made by the State, this Bill expands the responsibilities of the State Sport Centres Trust to include the management of the Knox Regional Sports Park. The State Sport Centres Trust plays a vital role ensuring our top facilities operate successfully and serve the needs of the Victorian community.
This Bill makes the State Sport Centres Trust directly responsible for Lakeside Stadium and Lakeside Oval Reserve under the State Sport Centres Act rather than as a committee of management under the Crown Land (Reserves) Act 1978 as is currently the case. This will resolve difficulties with leasing and licensing the Lakeside Stadium due to ambiguity in exercising powers under the two Acts.
The Bill also clarifies that the State Sport Centre Trust can manage any land and facilities for which it is a committee of management under the Crown Land (Reserves) Act in the same way it manages facilities under the State Sport Centres Act, including leasing and licensing arrangements.
Importantly, the Bill inserts a new provision into the State Sport Centres Act to specify that the trust must maintain the Lakeside Oval Reserve land and facilities to a standard that complements Albert Park. I wish to reassure members of the house that there will be no loss of public open space because of these changes.
Other minor changes to the management arrangements under the State Sport Centre Act include:
• improving the efficiency and effectiveness of the Trust’s operations including allowing the preparation of a single business plan and the holding of a single bank account for all entities
• changing the membership structure of the State Netball and Hockey Centre Advisory Committee to require that both a State Sport Centre Trust member and the State Sport Centre Trust Chief Executive Officer (CEO) be appointed. Currently either a member or the CEO is to be appointed to the Advisory Committee. This change reflects the importance of the supervisory role played by the State Sport Centre Trust board and the day-to-day operational knowledge of the CEO. The State Sport Centre Trust member will be elevated to Chairperson of the committee.
Finally, the Bill amends the Melbourne Olympic Park Act to reflect the new boundary of the national tennis centre land following the reservation of a strip of centre land as a road in the ‘Streamlining Hoddle Street’ project.
I commend this Bill to the house.
Mr RICH-PHILLIPS (South Eastern Metropolitan) (17:53): I move, on behalf of Dr Bach:
That debate on this bill be adjourned until the next day of meeting.
Motion agreed to and debate adjourned until next day of meeting.