Alert Digest No. 10 of 2020
October 2020
On the following Bills
COVID‐19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020 (House Amendment)
Justice Legislation Amendment (Supporting Victims and Other Matters) Bill 2020
Marine Safety Amendment (Better Boating Fund) Bill 2020 The Committee
Mr Mark Gepp MLC Mr Neale Burgess MLA Ms Sarah Connolly MLA Ms Sonya Kilkenny MLA Chairperson Deputy Chariperson Member for Tarneit Member for Carrum Member for Northern Victoria Member for Has ngs
Mrs Bev McArthur MLC Ms Fiona Pa en MLC Ms Sonja Terpstra MLC Member for Western Victoria Member for Northern Metropolitan Member for Eastern Metropolitan
Parliament House, Spring Street Commi ee Staff Melbourne Victoria 3002 Ms Helen Mason, Execu ve Officer Telephone: (03) 8682 2836 Ms Lauren Cook, Legal Adviser - Regula ons Facsimilie: (03) 8682 2858 Mr Simon Dinsbergs, Business Support Officer Email: [email protected] Ms Sonya Caruana, Office Manager Web: www.parliament.vic.gov.au/sarc Professor Jeremy Gans, Human Rights Adviser
Terms of Reference - Scrutiny of Bills The func ons of the Scru ny of Acts and Regula ons Commi ee are – (a) to consider any Bill introduced into the Council or the Assembly and to report to the Parliament as to whether the Bill directly or indirectly – (i) trespasses unduly upon rights or freedoms; (ii) makes rights, freedoms or obliga ons dependent upon insufficiently defined administra ve powers; (iii) makes rights, freedoms or obliga ons dependent upon non-reviewable administra ve decisions; (iv) unduly requires or authorises acts or prac ces that may have an adverse effect on personal privacy within the meaning of the Privacy and Data ProtecƟon Act 2014; (v) unduly requires or authorises acts or prac ces that may have an adverse effect on privacy of health informa on within the meaning of the Health Records Act 2001; (vi) inappropriately delegates legisla ve power; (vii) insufficiently subjects the exercise of legisla ve power to parliamentary scru ny; (viii) is incompa ble with the human rights set out in the Charter of Human Rights and Responsibili es; (b) to consider any Bill introduced into the Council or the Assembly and to report to the Parliament – (i) as to whether the Bill directly or indirectly repeals, alters or varies sec on 85 of the ConsƟtuƟon Act 1975, or raises an issue as to the jurisdic on of the Supreme Court; (ii) if a Bill repeals, alters or varies sec on 85 of the ConsƟtuƟon Act 1975, whether this is in all the circumstances appropriate and desirable; (iii) if a Bill does not repeal, alter or vary sec on 85 of the ConsƟtuƟon Act 1975, but an issue is raised as to the jurisdic on of the Supreme Court, as to the full implica ons of that issue; Parliamentary CommiƩees Act 2003, sec on 17
Table of Contents
Alert Digest No. 10 of 2020 Justice Legislation Amendment (Supporting Victims and Other Matters) Bill 2020 1 Marine Safety Amendment (Better Boating Fund) Bill 2020 4
House Amendments COVID‐19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020 5
Appendices 1 – Index of Bills and Subordinate Legislation in 2020 9 2 – Committee Comments classified by Terms of Reference 11 3 – Table of Ministerial Correspondence 13
Parliament of Victoria, Australia Scrutiny of Acts and Regulations Committee Reports to Parliament Alert Digests 2020 ISBN 978‐1‐925345‐89‐6 ISSN 1440‐2939
Ordered to be Published By Authority. Government Printer for the State of Victoria. Parliamentary Paper No. 153, Session 2018‐2020
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Useful information
Role of the Committee
The Scrutiny of Acts and Regulations Committee is an all‐party Joint House Committee, which examines all Bills and subordinate legislation (regulations) introduced or tabled in the Parliament. The Committee does not make any comments on the policy merits of the legislation. The Committee’s terms of reference contain principles of scrutiny that enable it to operate in the best traditions of non‐partisan legislative scrutiny. These traditions have developed since the first Australian scrutiny of Bills committee of the Australian Senate commenced scrutiny of Bills in 1982. They are precedents and traditions followed by all Australian scrutiny committees. Non‐policy scrutiny within its terms of reference allows the Committee to alert the Parliament to the use of certain legislative practices and allows the Parliament to consider whether these practices are necessary, appropriate or desirable in all the circumstances.
The Charter of Human Rights and Responsibilities Act 2006 provides that the Committee must consider any Bill introduced into Parliament and report to the Parliament whether the Bill is incompatible with human rights. Interpretive use of Parliamentary Committee reports
Section 35 (b)(iv) of the Interpretation of Legislation Act 1984 provides – In the interpretation of a provision of an Act or subordinate instrument consideration may be given to any matter or document that is relevant including, but not limited to, reports of Parliamentary Committees. When may human rights be limited
Section 7 of the Charter provides – Human rights – what they are and when they may be limited – (2) A human right may be subject under law only to such reasonable limits as can be demonstrably justified in a free and democratic society based on human dignity, equality and freedom, and taking into account all relevant factors including— (a) the nature of the right; and (b) the importance of the purpose of the limitation; and (c) the nature and extent of the limitation; and (d) the relationship between the limitation and its purpose; and (e) any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve Glossary and Symbols
‘Assembly’ refers to the Legislative Assembly of the Victorian Parliament ‘Charter’ refers to the Victorian Charter of Human Rights and Responsibilities Act 2006 ‘Council’ refers to the Legislative Council of the Victorian Parliament ‘DPP’ refers to the Director of Public Prosecutions for the State of Victoria ‘human rights’ refers to the rights set out in Part 2 of the Charter ‘IBAC’ refers to the Independent Broad‐based Anti‐corruption Commission ‘PCA’ refers to the Parliamentary Committees Act 2003 ‘penalty units’ refers to the penalty unit fixed from time to time in accordance with the Monetary Units Act 2004 and published in the government gazette (as at 1 July 2020 one penalty unit equals $165.22) ‘Statement of Compatibility’ refers to a statement made by a member introducing a Bill in either the Council or the Assembly as to whether the provisions in a Bill are compatible with Charter rights ‘VCAT’ refers to the Victorian Civil and Administrative Tribunal
[ ] denotes clause numbers in a Bill ii
Alert Digest No. 10 of 2020
Justice Legislation Amendment (Supporting Victims and Other Matters) Bill 2020
Member Hon Jill Hennessy MP Introduction Date 13 October 2020 Portfolio Attorney‐General Second Reading Date 14 October 2020
Summary
The Bill amends various Acts to make provision for further arrangements with respect to victims of crime and other matters. The Bill:‐ Amends the Judicial Proceedings Reports Act 1958 to make reforms to further the rights of victims and their ability to tell their stories. It makes provision in relation to publishing identification of victims of sexual offences; Amends the Victims of Crime Assistance Act 1996 to provide for the delegation of duties to tribunal staff to assist with the increase in the number of pending applications; Amends the Victims of Crime Commissioner Act 2015 in relation to appointments and remuneration of members and to extend the maximum period of appointment for committee members; Amends the Defamation Act 2005 and the Limitation of Actions Act 1958 to implement model nationally agreed laws on defamation; Amends the Corrections Act 1986 in relation to Commonwealth/State arrangements in respect of certain detention orders and dealing with letters and other items sent to or received by prisoners; Amends the Accident Compensation Act 1985 and the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of COVID‐19 impacts; Amends the Forests Act 1958 to clarify the ability of firefighters to perform their job; Supports the national High Risk Offender Scheme and clarifies the power of prison officers in security matters.
Part 2 amends the Judicial Proceedings Reports Act 1958 which relates to publication of details likely to identify victims of sexual offences. [3,4] The amendments allow victims to publish their own details, or give permission to others to publish their details without court involvement.1 It amends the current definition of ‘publish’ to make it clear that the reference to electronic communication includes but is not limited to, social media. [3,4] The amendments provide retrospective immunity for certain publications. (See Committee comment) Note the Second Reading Speech: ‐
1 Note the Explanatory Memorandum:‐ ‘Permission is defined in section 4(1). Requiring the permission to be written (or if the victim is incapable of providing written permission, recorded by other means) will provide a safeguard both for the victim and the publisher by ensuring there is evidence of permission and that the scope of the permission is clear. It will also allow victims to tailor their permission to specify the types of identifying details that may be published, or to limit publication in any other way. As the Example provides, the victim may limit the type of identifying particulars (such as name, but not image), or when or how their details are published. As the Note provides, if the publication is likely to lead to the identification of another victim who does not give permission to publish, the offence under subsection (1A) still applies.’
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‘First, the Bill will make it clear the victim‐survivors, both adults and children may lawfully self‐ publish information likely to identify them as a victim‐survivor of a sexual offence. Victim‐ survivors may choose to self‐publish details on social media, for example as part of their process of recovery and healing… Second, the Bill will clarify when a third party, such as a media organisation, may publish material that identifies a victim‐survivor…. In… cases where victim‐ survivors do not have the capacity to provide permission themselves, it remains necessary and appropriate for the court to retain a role in granting permission for publication.’
Part 3 amends the Victims of Crime Assistance Act 1996 to enable the Chief Magistrate to delegate powers and establish Tribunal officers as a new class of Tribunal staff to assist with the workload and pending applications. Decisions are reviewed by VCAT. [6,7] Part 4 amends the Victims of Crime Commissioner Act 2015 to increase terms of appointment of Committee members from 2 to 3 years. Committee members who are victims of crime may be remunerated. [13‐17]
Part 5 amends the Defamation Act 2005 and the Limitation of Actions Act 1958. It enacts provisions agreed to by the Attorneys‐General of the States and Territories in respect of uniform model provisions in relation to the law of defamation. [18‐43] Note the Explanatory memorandum: ‐ ‘The principal features of the model amendment provisions are‐ providing that serious harm is an element of the cause of action for defamation; a new defence in respect of the publication of defamatory matter about issues of public interest; a new defence in respect of peer reviewed matters published in academic or scientific journals; introduction of a single publication rule to ensure that the general one‐year limitation period for defamation actions is effectual in relation to online publications; clarifying the operation of the cap on damages for non‐economic loss; and amendments to pre‐trial procedures to encourage early resolution of disputes.’
Part 6 amends the Corrections Act 1986. It makes provision for arrangements between Victoria and the Commonwealth for the detention of a person subject to a Commonwealth continuing detention order or interim detention order. [44‐48] It also makes provision for arrangements with respect to letters received by a designated officer in a security prison. The Governor of a prison must establish and maintain a letter register. [49‐50] Part 7 amends the Forests Act 1958. The Secretary may enter into agreements and arrangements with Fire Rescue Victoria relating to the prevention and suppression of fires and recovery from fires. [51,52] Part 8 amends the Workplace Injury Rehabilitation and Compensation Act 2013. [53,54] Note the Explanatory memorandum:‐ ‘The purpose of this section is to enable WorkSafe Agents and Self‐insurers to determine the calculation of pre‐injury average weekly earnings in a way that does not disadvantage any injured workers who may have been furloughed or had their hours reduced as a result of the COVID‐19 pandemic.’
Comments under the PCA
Rights and freedoms – retrospectivity – (Section 17(a)(i), PCA)
Clause 4 inserts new section 4A into the Judicial Proceedings Reports Act 1958 to provide retrospective immunity for certain past publications from 16 April 1991. [4]
Note the Second Reading Speech:‐ ‘Immunity for past publications In introducing these reforms, the Government recognises that many victim‐survivors and others may have previously published identifying details, and in doing so may have inadvertently and unknowingly committed an offence.
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This includes where victim‐survivors may have self‐published their own identifying details, or where third parties, such as media organisations, have done so with the victim‐survivor’s permission. These examples do not represent the type of conduct this law was put in place to address. However unlikely it may be that any action would ever be taken in relation to these cases, we recognise that victim‐ survivors and others may be distressed by the fact they have technically committed an offence and the possibility—however remote—that they could be prosecuted. In view of this, the Bill will provide immunity for past self‐publications by victim‐survivors, or third‐party publications done with the permission of the adult victim‐survivor identified. There is no requirement for past permissions to be in writing. The retrospective protection will apply from when the publication offence commenced in 1991.’
The Committee is of the view that the provision is justified.
Charter Issues
The Bill is compatible with the rights set out in the Charter of Human Rights and Responsibilities Act 2006.
3 Scrutiny of Acts and Regulations Committee
Marine Safety Amendment (Better Boating Fund) Bill 2020
Member Hon Melissa Horne MP Introduction Date 13 October 2020 Portfolio Fishing and Boating Second Reading Date 14 October 2020
Summary
The Bill amends the Marine Safety Act 2010. Note the Second Reading Speech: ‐ ‘This Bill will establish the Better Boating Fund and the Treasurer will transfer the equivalent of all revenue collected from marine licensing and vessel registration fees into the fund. This is approximately $31 million per year and is growing in proportion to the growth in recreational boating activities… The development of a boating strategy will be fundamental in helping determine the priorities for investment… This will be developed as a matter of priority once the legislation has been introduced.’
The Bill: ‐ Provides for the establishment of a trust account to be known as the ‘Better Boating Fund.’ [3] The Secretary must give the Minister a report each financial year and must be in accordance with requirements of the Financial Management Act 1994 [3]; and Provide for fees imposed by regulations in respect of marine safety to not be limited to an amount related to the cost of providing a service.2 [4,5]
Comments under the PCA
The Committee makes no comment with respect to its terms of reference under section 17 of the Parliamentary Committees Act 2003.
Charter Issues
The Bill is compatible with the rights set out in the Charter of Human Rights and Responsibilities Act 2006.
2 Note the Second Reading Speech:‐ ‘The final clauses relate to fees and charges. The amendments specified in these clauses remove all doubt that fees specified in regulations made under the Marine Safety Act 2010 will not be limited to an amount that is related to the cost of providing a regulatory service. This is necessary to ensure that there is clear legal authority for fees to be set (or maintained) at a level that generates revenue over and above the cost of providing regulatory services, for example, above the direct cost of administering marine licensing requirements. Marine licensing fees currently generate revenue significantly higher than the direct costs of administering marine licensing requirements. The Fund will provide certainty and transparency as to how this excess revenue will be used to benefit the boating community.’
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House Amendments
COVID‐19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020
Bill Information
Member Hon Daniel Andrews MP Introduction Date 17 September 2020 Portfolio Premier Second Reading Date 17 September 2020
Amendments moved and passed 14 October 2020 Moved by Hon Jaclyn Symes MP Summary
Notes: The Committee reports on this Act pursuant to section 17(c)(i) and (ii) of the Parliamentary Committees Act 2003. The Committee reported on the COVID‐19 Omnibus (Emergency Measures) and Other Acts Amendment Bill 2020 as originally introduced in Alert Digest No. 9 of 2020 tabled on 13 October 2020. The Bill received Royal Assent on 20 October 2020. The Committee now provides a further report on the House amendments made to the Bill. The amendments were passed in the Legislative Council on 14 October 2020 and the Legislative Assembly on 14 October 2020.
The purpose of the House amendments introduced by the Hon Jaclyn Symes MP are to limit the categories of persons who can be appointed by the Secretary for the purpose of exercising emergency powers and the particular powers which may be exercised.
New Part 13 of the Public Health and Wellbeing Act 2008 as inserted by clause 16 of the COVID‐19 (Omnibus) Emergency Measures and Other Acts Amendment Act 2020 changes the operation of the Public Health and Wellbeing Act 2008 in response to the COVID‐19 pandemic. New section 249 sets out the purpose and effect of Part 13.
The first amendment inserts new section 249A into the Public Health and Wellbeing Act 2008. It sets out the definitions of protective services officer, a Worksafe inspector and a health service provider for the purposes of the Part 13 COVID‐19 Temporary measures division.1
Section 250 provides for the appointment of authorised officers by the Secretary by inserting subsection (1A) after section 30(1).2 The second and third amendments change the operation of
1 (See Part 13 – COVID‐19 temporary measures – emergency powers measures) 249A Definitions (1) For the purposes of this Division— protective services officer has the same meaning as in the Victoria Police Act 2013; Worksafe inspector means an inspector within the meaning of the Occupational Health and Safety Act 2004; health service provider has the same meaning as in the Health Practitioner Regulation National Law. (2) For the purposes of this Division, an authorised officer is appointed under the temporary provisions if the authorised officer is appointed under section 30(1A), as notionally inserted by section 250. 2 Section 30 provides that the Secretary may appoint a person employed under Part 3 of the Public Administration Act 2004 to be an authorised officer.
5 Scrutiny of Acts and Regulations Committee subsection (1A) by limiting those persons who may be appointed as authorised officers.3 Amended subsection (1A) provides: ‐ ‘(1A) In addition to the persons who may be appointed under subsection (1), the Secretary by instrument may appoint any of the following to be an authorised officer for the purposes of this Act— (a) a person the Secretary considers appropriate for appointment based on the person’s skills, attributes or experience. (b) a police officer; (c) a protective services officer; (d) a Worksafe inspector; (e) an employee in the public sector of a State other than Victoria, or a territory; (f) a health service provider.
The fourth amendment inserts new section 250A which sets out limitations on the powers which may be conferred on authorised officers under the temporary provisions. New section 250A provides: ‐ ‘250A Limitation on the powers that may be conferred on authorised officers appointed under the temporary provisions (1) Despite section 189, the Chief Health Officer may only authorise an authorised officer appointed under the temporary provisions to exercise the following public health risk powers— (a) if the authorised officer is a police officer or a protective services officer, the public health risk powers referred to in sections 190(1)(c), (d), (e) and (f); (b) if the authorised officer is a Worksafe inspector, the public health risk powers referred to in sections 190(1)(c), (d), (e), (f), (g), (h), (i), (j) and (k); (c) if the authorised officer is a person appointed under section 30(1A)(a), the public health risk powers referred to in sections 190(1)(d) and (e); (d) if the authorised officer is a person appointed under section 30(1A)(e) or (f), the public health risk powers specified in the authorised officer's instrument of appointment. (2) Despite section 199, the Chief Health Officer must not authorise an authorised officer who is appointed under the temporary provisions to exercise any of the emergency powers. Note The emergency powers include powers to detain persons or groups of persons. (3) This section does not limit the restrictions to which the appointment of an authorised officer may otherwise be subject under this Act.’
The fifth amendment removes proposed section 200A4 which set out further emergency detention powers relating to high risk persons.
3 Amended subsection 30(1A) omits the words ‘otherwise’ and ‘(b) a person included in a prescribed class of person’ 4 COVID‐19 (Omnibus) Emergency Measures and Other Acts Amendment Act 2020, section 200A: ‘200A Further emergency powers relating to high risk persons (1) A designated authorised officer may detain a person under section 200(1)(a) if— (a) a direction has been given in the exercise of an emergency power under section 200(1)(a), (b), (c) or (d); and (b) the designated authorised officer reasonably believes that a person who is required to comply with the direction— (i) is a high risk person within the meaning of subsection (2); and
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The Committee notes the effect of the amendments is to limit the classes of persons who may be appointed authorised officers by the Secretary for the purposes of the responding to the COVID‐19 pandemic. In addition there are specified limitations on the powers which may be conferred on authorised officers under the temporary provisions. Despite section 199 the Chief Health Officer must not authorise an authorised officer who is appointed under the temporary provisions to exercise emergency powers which includes the power of detention.
Charter Issues
The House Amendments to the Bill are compatible with the rights set out in the Charter of Human Rights and Responsibilities Act 2006.
(ii) is likely to refuse or fail to comply with the direction. (2) A person is a high risk person if— (a) the person has been notified that the person has been diagnosed with COVID‐19 and has not been given clearance from self‐isolation in accordance with the applicable requirements; or (b) the person has been notified in accordance with the applicable requirements that the person is a close contact of a person who has been diagnosed with COVID‐19, and has not been given clearance from self‐quarantine in accordance with the applicable requirements. (3) For the purposes of detaining a person under section 200(1)(a) in accordance with this section— (a) the reference in section 200(1)(a) to the period reasonably necessary to eliminate a serious risk to public health is taken to be a reference to the period throughout which a designated authorised officer reasonably believes that the person— (i) is a high risk person; and (ii) is likely to refuse or fail to comply with the direction; and (b) the reference in section 200(6) to whether the continued detention of the person is reasonably necessary to eliminate a serious risk to public health is taken to be a reference to whether the continued detention of the person is reasonably necessary because a designated authorised officer reasonably believes that the person— (i) is a high risk person; and (ii) is likely to refuse or fail to comply with the direction. (4) In this section— applicable requirements, in relation to a matter, means the requirements specified in a direction given under section 200(1) in respect of that matter; designated authorised officer means an authorised officer who may exercise any of the public health risk powers and emergency powers because of the operation of section 199(2) (whether or not the authorised officer gave the direction mentioned in subsection (1)(a)).’
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Appendix 1 Index of Bills and Subordinate Legislation in 2020
Alert Digest Nos. BILLS Appropriation (Interim) Act 2020 5 Appropriation (Parliament) (Interim) Act 2020 5 Assisted Reproductive Treatment Amendment Bill 2020 3 Children, Youth and Families Amendment (Out of Home Care Age) Bill 2020 2 Cladding Safety Victoria Bill 2020 8 Constitution Amendment (Fracking Ban) Bill 2020 5 Consumer and Other Acts Miscellaneous Amendments Bill 2020 7 Consumer Legislation Amendment Bill 2020 9 COVID‐19 Commercial and Residential Tenancies Legislation Amendment (Extension) Bill 2020 8 COVID‐19 Omnibus (Emergency Measures) Act 2020 5 COVID‐19 Omnibus (Emergency Measures) and Other Acts Amendment Bill 2020 9 Crimes (Mental Impairment and Unfitness to be Tried) Amendment Bill 2020 5 Crimes Amendment (Abolition of Blasphemy) Bill 2019 1 Crimes Amendment (Manslaughter and Related Offences) Bill 2020 2 Disability Service Safeguards Amendment Bill 2020 4 Education and Training Reform Amendment Bill 2020 7 Education and Training Reform Amendment (Regulation of Student Accommodation) Bill 2020 4 Education and Training Reform Amendment (School Employment) Bill 2020 8 Family Violence Reform Implementation Monitor Amendment Bill 2020 4 Forests Legislation Amendment (Compliance and Enforcement) Bill 2019 15 of 2019, 2 Gender Equality Bill 2019 1, 3 Great Ocean Road and Environs Protection Bill 2019 1 Health Services Amendment (Mandatory Vaccination of Healthcare Workers) Bill 2020 3, 4 Human Tissue Amendment Bill 2020 8 Justice Legislation Amendment (Drug Court and Other Matters) Bill 2020 5 Justice Legislation Amendment (Supporting Victims and Other Matters) Bill 2020 10 Justice Legislation Miscellaneous Amendments Bill 2019 1 Local Government (Casey City Council) Act 2020 3 Local Government (Whittlesea City Council) Act 2020 5 Local Government Bill 2019 15 of 2019, 1 Marine Safety Amendment (Better Boating Fund) Bill 2020 10 National Electricity (Victoria) Amendment Bill 2020 3 National Energy Legislation Amendment Bill 2020 7 North East Link Bill 2020 4 Parliamentary Committees Amendment (SARC Protection Against Rights Curtailment by Urgent Bills) Bill 2020 9 Petroleum Legislation Amendment Bill 2020 5 Police and Emergency Legislation Amendment Bill 2020 6 Project Development and Construction Management Amendment Bill 2020 2 Public Health and Wellbeing Amendment (State of Emergency Extension and Other Matters) Act 2020 8 Road Safety and Other Legislation Amendment Bill 2019 1
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Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Bill 2020 6 Sentencing Amendment (Emergency Worker Harm) Bill 2020 4, 5 State Taxation Acts Amendment (Relief Measures) Act 2020 5, 8 Summary Offences Amendment (Move‐on Laws) Bill 2019 3 Transport Legislation Amendment Act 2019 (House Amendment) 1, 2 Transport Legislation Amendment Bill 2019 14 of 2019, 1 Victorian Law Reform Commission Amendment Bill 2020 8 Wage Theft Bill 2020 5 Wildlife Rescue Victoria Bill 2020 6, 7 Worker Screening Bill 2020 9
SUBORDINATE LEGISLATION Notices under section 3.6.SA of the Gambling Regulation Act 2003 fixing the value of the supervision charge for venue operators for 2018‐19 9 Practitioner Remuneration Order 2020 5 SR No. 88/2019 – Road Safety (General) Regulations 2019 1 SR No. 93/2019 – Road Safety (Traffic Management) Regulations 2019 2 SR No. 109/2019 – Wildlife (Marine Mammals) Regulations 2019 5 SR No. 134/2019 – Education and Training Reform Amendment Regulations 2019 5 SR No. 162/2019 – Commercial Passenger Vehicle Industry (Infringements) Amendment Regulations 2019 7 SR No. 163/2019 – Fisheries Regulations 2019 5 SR No 24 – Victoria Police Amendment Regulations 2020 9
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Appendix 2 Committee Comments classified by Terms of Reference
This Appendix lists Bills under the relevant Committee terms of reference where the Committee has raised issues requiring clarification from the appropriate Minister or Member.
Alert Digest Nos.
Section 17(a)
(i) trespasses unduly upon rights or freedoms COVID‐19 Omnibus (Emergency Measures) and Other Acts Amendment Bill 2020 9 Forests Legislation Amendment (Compliance and Enforcement) Bill 2019 15 of 2019, 2 Local Government Bill 2019 15 of 2019, 1 Sentencing Amendment (Emergency Worker Harm) Bill 2020 4, 5
(iii) makes rights, freedoms or obligations dependent upon insufficiently defined administrative powers; Public Health and Wellbeing Amendment (State of Emergency Extension and Other Matters) Act 2020 8
(vi) inappropriately delegates legislative power COVID‐19 Omnibus (Emergency Measures) and Other Acts Amendment Bill 2020 9 Gender Equality Bill 2019 1, 3
(vii) insufficiently subjects the exercise of legislative power to parliamentary scrutiny; Public Health and Wellbeing Amendment (State of Emergency Extension and Other Matters) Act 2020 8
(viii) is incompatible with the human rights set out in the Charter of Human Rights and Responsibilities COVID‐19 Commercial and Residential Tenancies Legislation Amendment (Extension) Bill 2020 8 COVID‐19 Omnibus (Emergency Measures) Act 2020 5 COVID‐19 Omnibus (Emergency Measures) and Other Acts Amendment Bill 2020 9 Health Services Amendment (Mandatory Vaccination of Healthcare Workers) Bill 2020 3, 4 Human Tissue Amendment Bill 2020 8 North East Link Bill 4 Public Health and Wellbeing Amendment (State of Emergency Extension and Other Matters) Act 2020 8 Sentencing Amendment (Emergency Worker Harm) Bill 2020 4, 5 State Taxation Acts Amendment (Relief Measures) Act 2020 5, 8 Summary Offences Amendment (Move‐on Laws) Bill 2019 3
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Transport Legislation Amendment Act 2019 (House Amendment) 1, 2 Transport Legislation Amendment Bill 2019 14 of 2019, 1 Wildlife Rescue Victoria Bill 2020 6, 7
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Appendix 3 Table of Ministerial Correspondence
Table of correspondence between the Committee and Ministers or Members
This Appendix lists the Bills where the Committee has written to the Minister or Member seeking further advice, and the receipt of the response to that request.
Bill Title Minister/ Member Date of Alert Digest No. Committee Issue raised / Letter / Response Minister’s Published Response Transport Legislation Amendment Roads 12.11.19 14 of 2019 Bill 2019 26.11.19 1 of 2020 Forests Legislation Amendment Energy, Environment and 26.11.19 15 of 2019 (Compliance and Enforcement) Climate Change 06.02.20 2 of 2020 Bill 2019 Local Government Bill 2019 Local Government 26.11.19 15 of 2019 31.01.20 1 of 2020 Gender Equality Bill 2019 Women 04.02.20 1 of 2020 18.02.20 3 of 2020 Transport Legislation Amendment Roads 04.02.20 1 of 2020 Act 2019 13.02.20 2 of 2020 Health Services Amendment Health 03.03.20 3 of 2020 (Mandatory Vaccination of 15.03.20 4 of 2020 Healthcare Workers) Bill 2020 Summary Offences Amendment Hon. Edward O’Donohue, MP 03.03.20 3 of 2020 (Move‐on Laws) Bill 2019 North East Link Bill 2020 Treasurer 17.03.20 4 of 2020 Sentencing Amendment Attorney‐General 17.03.20 4 of 2020 (Emergency Worker Harm) 29.04.20 5 of 2020 Bill 2020 COVID‐19 Omnibus (Emergency Premier 02.06.20 5 of 2020 Measures) Act 2020 State Taxation Acts Amendment Treasurer 02.06.20 5 of 2020 (Relief Measures) Act 2020 25.08.20 8 of 2020 Wildlife Rescue Victoria Bill 2020 Andy Meddick MP 16.06.20 6 of 2020 23.06.20 7 of 2020 COVID‐19 Commercial and Consumer Affairs, Gaming and 16.09.20 8 of 2020 Residential Tenancies Legislation Liquor Regulation Amendment (Extension) Bill 2020 Human Tissue Amendment Bill Health 16.09.20 8 of 2020 2020
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Bill Title Minister/ Member Date of Alert Digest No. Committee Issue raised / Letter / Response Minister’s Published Response Public Health and Wellbeing Health 16.09.20 8 of 2020 Amendment (State of Emergency Extension and Other Matters) Act 2020 COVID‐19 Omnibus (Emergency Premier 14.10.20 9 of 2020 Measures) and Other Acts Amendment Bill 2020
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