Thursday, 19 March 2026

 The PRESIDENT (18:37): I have received the following message from the Legislative Assembly:

The Legislative Assembly returns ‘A Bill for an Act to amend the Circular Economy (Waste Reduction and Recycling) Act 2021, the Environment Protection Act 2017, the Marine and Coastal Act 2018, the Commissioner for Environmental Sustainability Act 2003, the Mineral Resources (Sustainable Development) Act 1990, the Public Administration Act 2004, the Financial Management Act 1994, the Mental Health and Wellbeing Act 2022, the Local Government Act 1989, the Essential Services Commission Act 2001, the Commercial Passenger Vehicle Industry Act 2017, the Accident Towing Services Act 2007, the Great Ocean Road and Environs Protection Act 2020 and the Parliamentary Workplace Standards and Integrity Act 2024, to repeal the Victorian Environmental Assessment Council Act 2001 and the Road Safety Camera Commissioner Act 2011 and to make consequential amendments to other Acts and for other purposes’ and informs the Legislative Council that the Assembly has:

(1)   agreed to amendment Nos 1 to 17, 19 to 24 and 27 to 44; and

(2)   refused to entertain amendment Nos 18, 25 and 26 as they seek to force an appropriation from the Consolidated Fund, a direct infringement of the privileges of the House as set out in the Constitution Act 1975; and

(3)   made further amendments with which agreement is requested.

 Harriet SHING (Eastern Victoria – Minister for the Suburban Rail Loop, Minister for Housing and Building, Minister for Development Victoria and Precincts) (18:39): I move:

That the message be taken into consideration forthwith.

Motion agreed to.

Assembly refused to entertain the following Council amendments:

18.   Clause 123, after line 15 insert –

‘(1A) After section 421(1) of the Mental Health and Wellbeing Act 2022 insert –

“(1A)   The Deputy Mental Health and Wellbeing Commissioner –

(a)   is to be appointed for the period, not exceeding 5 years, specified in the instrument of appointment; and

(b)   is eligible for reappointment; and

(c)   holds office on any other terms and conditions, including remuneration and any travelling or other allowances, that are determined by the Governor in Council.”.’.

25.   Clause 126, lines 16 to 18, omit all words and expressions on these lines and insert –

‘(2) In section 424(2) of the Mental Health and Wellbeing Act 2022 –

(a)   for “a Mental” (where first occurring) substitute “the Mental”;

(b)   for “the office of a Mental Health and Wellbeing Commissioner” (where secondly occurring) substitute “that office”.

(3) After section 424(2) of the Mental Health and Wellbeing Act 2022insert –

“(2A)   The Minister may appoint a person to act in the office of the Deputy Mental Health and Wellbeing Commissioner for a period of not more than 6 months during a vacancy in that office.”.

(4) In section 424(3) and (5) of the Mental Health and Wellbeing Act 2022, after “subsection (1)” insert “or (1A)”.

(5) In section 424(4) and (6) of the Mental Health and Wellbeing Act 2022, after “subsection (2)” insert “or (2A)”.’.

26.   Clause 127, lines 20 to 25, omit all words and expressions on these lines and insert –

‘(1) In section 425(1) of the Mental Health and Wellbeing Act 2022, for “A Mental Health and Wellbeing Commissioner, including an acting Mental Health and Wellbeing Commissioner,” substitute “A person specified in subsection (3)”.

(2) In section 425(2) of the Mental Health and Wellbeing Act 2022, for “a Mental Health and Wellbeing Commissioner, including an acting Mental Health and Wellbeing Commissioner,” substitute “a person specified in subsection (3)”.

(3) After section 425(2) of the Mental Health and Wellbeing Act 2022 insert –

“(3)   For the purposes of subsections (1) and (2), the following persons are specified –

(a)   the Mental Health and Wellbeing Commissioner, including an acting Mental Health and Wellbeing Commissioner;

(b)   the Deputy Mental Health and Wellbeing Commissioner, including an acting Deputy Mental Health and Wellbeing Commissioner.”.’.

Assembly’s amendments:

1.   Clause 123, after line 15 insert –

‘(1A) After section 421(1) of the Mental Health and Wellbeing Act 2022 insert –

“(1A)   The Deputy Mental Health and Wellbeing Commissioner –

(a)   is to be appointed for the period, not exceeding 5 years, specified in the instrument of appointment; and

(b)   is eligible for reappointment; and

(c)   holds office on any other terms and conditions, including remuneration and any travelling or other allowances, that are determined by the Governor in Council.”.’.

2.   Clause 126, lines 16 to 18, omit all words and expressions on these lines and insert –

‘(2) In section 424(2) of the Mental Health and Wellbeing Act 2022 –

(a)   for “a Mental” (where first occurring) substitute “the Mental”;

(b)   for “the office of a Mental Health and Wellbeing Commissioner” (where secondly occurring) substitute “that office”.

(3) After section 424(2) of the Mental Health and Wellbeing Act 2022 insert –

“(2A)   The Minister may appoint a person to act in the office of the Deputy Mental Health and Wellbeing Commissioner for a period of not more than 6 months during a vacancy in that office.”.

(4) In section 424(3) and (5) of the Mental Health and Wellbeing Act 2022, after “subsection (1)” insert “or (1A)”.

(5) In section 424(4) and (6) of the Mental Health and Wellbeing Act 2022, after “subsection (2)” insert “or (2A)”.’.

3.   Clause 127, lines 20 to 25, omit all words and expressions on these lines and insert –

‘(1) In section 425(1) of the Mental Health and Wellbeing Act 2022, for “A Mental Health and Wellbeing Commissioner, including an acting Mental Health and Wellbeing Commissioner,” substitute “A person specified in subsection (3)”.

(2) In section 425(2) of the Mental Health and Wellbeing Act 2022, for “a Mental Health and Wellbeing Commissioner, including an acting Mental Health and Wellbeing Commissioner,” substitute “a person specified in subsection (3)”.

(3) After section 425(2) of the Mental Health and Wellbeing Act 2022 insert –

“(3)   For the purposes of subsections (1) and (2), the following persons are specified –

(a)   the Mental Health and Wellbeing Commissioner, including an acting Mental Health and Wellbeing Commissioner;

(b)   the Deputy Mental Health and Wellbeing Commissioner, including an acting Deputy Mental Health and Wellbeing Commissioner.”.’.

 Harriet SHING (Eastern Victoria – Minister for the Suburban Rail Loop, Minister for Housing and Building, Minister for Development Victoria and Precincts) (18:39): I move:

(1)   the Council does not insist on its amendments numbered 18, 25 and 26 to this bill; and

(2)   the further amendments made by the Assembly be agreed to.

 David DAVIS (Southern Metropolitan) (18:40): This is extraordinary. This has come back without time for members to consider the changes that have been proposed by the Assembly. This house earlier in the day, as I understood it, dealt with this bill. The matter now comes back here with no time for anyone to assess the proposed deletions by the Assembly. Let us be clear, they are deletions, and I think that in that circumstance the house should well consider deferring debate on this bill until a suitable time in the next sitting week.

 Harriet SHING (Eastern Victoria – Minister for the Suburban Rail Loop, Minister for Housing and Building, Minister for Development Victoria and Precincts) (18:41): Just in response to the position that Mr Davis has raised, there are literally no changes to this bill to what the Legislative Council has passed. These matters have been a matter for the Legislative Assembly. We have exclusive cognisance and it is not the role of this house to comment on the Assembly’s actions. I would refer you to the Legislative Assembly’s Hansard from earlier debates, but again, there are literally no changes to what this place has indeed already passed.

Motion agreed to.

The PRESIDENT: A message will be sent to the Assembly informing them accordingly.