Alert Digest No. 1 of 2021 February 2021 On the following Act and Bills Education and Training Reform Amendment (Miscellaneous) Bill 2020 Public Health and Wellbeing Amendment (Quarantine Fees) Act 2020 Summary Offences Amendment (Decriminalisation of Public Drunkenness) 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 Hasngs Mrs Bev McArthur MLC Ms Fiona Paen MLC Ms Sonja Terpstra MLC Member for Western Victoria Member for Northern Metropolitan Member for Eastern Metropolitan Parliament House, Spring Street Commiee Staff Melbourne Victoria 3002 Ms Helen Mason, Execuve Officer Telephone: (03) 8682 2836 Ms Lauren Cook, Legal Adviser - Regulaons 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 funcons of the Scruny of Acts and Regulaons Commiee 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 obligaons dependent upon insufficiently defined administrave powers; (iii) makes rights, freedoms or obligaons dependent upon non-reviewable administrave decisions; (iv) unduly requires or authorises acts or pracces 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 pracces that may have an adverse effect on privacy of health informaon within the meaning of the Health Records Act 2001; (vi) inappropriately delegates legislave power; (vii) insufficiently subjects the exercise of legislave power to parliamentary scruny; (viii) is incompable with the human rights set out in the Charter of Human Rights and Responsibilies; (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 secon 85 of the ConsƟtuƟon Act 1975, or raises an issue as to the jurisdicon of the Supreme Court; (ii) if a Bill repeals, alters or varies secon 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 secon 85 of the ConsƟtuƟon Act 1975, but an issue is raised as to the jurisdicon of the Supreme Court, as to the full implicaons of that issue; Parliamentary CommiƩees Act 2003, secon 17 Table of Contents Alert Digest No. 1 of 2021 Education and Training Reform Amendment (Miscellaneous) Bill 2020 1 Public Health and Wellbeing Amendment (Quarantine Fees) Act 2020 4 Summary Offences Amendment (Decriminalisation of Public Drunkenness) Bill 2020 8 Appendices 1 – Index of Bills and Subordinate Legislation in 2021 11 2 – Committee Comments classified by Terms of Reference 13 3 – Table of Ministerial Correspondence 15 Parliament of Victoria, Australia Scrutiny of Acts and Regulations Committee Reports to Parliament Alert Digests 2021 ISBN 978‐1‐925345‐93‐3 ISSN 1440‐2939 Ordered to be Published By Authority. Government Printer for the State of Victoria. Parliamentary Paper No. 194, Session 2018‐2021 i 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. 1 of 2021 Education and Training Reform Amendment (Miscellaneous) Bill 2020 Member Hon James Merlino MP Introduction Date 8 December 2020 Portfolio Education Second Reading Date 9 December 2020 Summary The Bill generally amends the Education and Training Reform Act 2006 (ETR Act). The Bill:‐ further clarifies and provides for the duties, functions and powers of the Victorian Institute of Teaching in relation to the approval of a program or course of study that leads to qualifying as a teacher; further amends the existing process for investigating the conduct, competence and fitness to teach of teachers and early childhood teachers including the conduct of preliminary assessments; makes amendments in respect of teacher registration in relation to the length of time for provisional reinstatement of a teacher; increases the scope of delegation powers of the Victorian Institute of Teaching and amends the Minister’s powers to issue policies, guidelines or directions to the Victorian Institute of Teaching. Part 2 – Victorian Institute of Teaching (VIT) amendments Clause 2 is the commencement provision.1 [2] It amends 2.6.3 of the ETR Act to enable the Minister to approve requirements, criteria or entry standards for initial teacher education programs including pathway programs2 recommended by the VIT (not the Accreditation Committee). Standards approved by the Minister must be published.3 The Minister must consider any requirements, criteria or standards which have been agreed with other States, Territories and the Commonwealth including teacher registration authorities. [5,7] Note the Second Reading Speech:‐ ‘The Bill also proposed new powers for VIT with respect to the approval of programs that are identified or marketed as offering a pathway to entry into an approved ITE program (pathway programs). The Victorian Government recognises the valuable scaffolding and support that pathway programs can provide to candidates who have not obtained the minimum ATAR for direct entry to ITE programs, to develop their skills to a level preparing them for entry to ITE.’ New Division 2B of Part 2.6 inserted by clause 7 sets out the initial teacher education program approval process. The endorsement process for continuing education programs is provided for in Division 2C of 1 Note the Explanatory memorandum:‐ ‘Subclause (3) provides that if a provision of the Bill does not come into operation before the first anniversary of the day on which it receives Royal Assent, it comes into operation on that day. The default commencement date has been chosen due to the potential for delay caused by the COVID‐19 pandemic, which will assist in the efficient implementation of the reforms contained in the Bill should a delay of this nature be realised.’ 2 Note the Explanatory memorandum:‐ ‘Pathway programs can provide support for candidates who have not achieved the minimum Australian Tertiary Admission Rank for direct entry to an initial teacher education program, to support them to develop skills to a level preparing them for entry to an initial teacher education program.’ 3 Note the Explanatory memorandum:‐ ‘The Institute must publish the approved requirements, criteria or standards on its website under new section 2.6.5(5).’ 1 Scrutiny of Acts and Regulations Committee Part 2.6. [7] A provider of a program or course of study may apply to the VIT (not the Accreditation Committee) for approval of an initial teacher education program as a pathway program.