Alert Digest No 11 of 2017, 22 August 2017 · (ii) if a Bill repeals, ... Alert Digest No. 11 of...

crutiny of Actsand Regulations Committee

58th Parliament

No. 11 of 2017

Tuesday, 22 August 2017on the following Bills

Domes c Animals Amendment(Restricted Breed Dogs)

Bill 2017

Drugs, Poisons and Controlled SubstancesAmendment (Real- me Prescrip on

Monitoring) Bill 2017

Game Management AuthorityAmendment Bill 2017

Jus ce Legisla on Amendment(Body-worn Cameras and Other Ma ers)

Bill 2017

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 privacywithin the meaning of the Privacy and Data Protec on 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 Cons tu on 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 Cons tu on 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 Cons tu on 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 Commi ees Act 2003, sec on 17

Terms of Reference - Scrutiny of Bills

The Committee

Commi ee StaffMr Nathan Bunt, Senior Legal AdviserMs Helen Mason, Legal Adviser - Regula onsMr Simon Dinsbergs, Business Support OfficerMs Sonya Caruana, Office ManagerProfessor Jeremy Gans, Human Rights AdviserMs Sarala Fitzgerald, Human Rights Adviser

Parliament House, Spring StreetMelbourne Victoria 3002

Telephone: (03) 8682 2891Facsimilie: (03) 8682 2858Email: [email protected]: www.parliament.vic.gov.au/sarc

Mr Josh Bull MLAMember for Sunbury

Hon. Richard Dalla-Riva MLCDeputy Chairperson

Member for Eastern Metropolitan

Ms Lizzie Blandthorn MLAChairperson

Member for Pascoe Vale

Ms Melina Bath MLCMember for Eastern Region

Mr Steve Dimopoulos MLAMember for Oakleigh

Mr John Pesu o MLAMember for Hawthorn

Ms Sonya Kilkenny MLAMember for Carrum

i

T ab l e o f C on t e n t s

Page Nos.

Alert Digest No. 11 of 2017

Domestic Animals Amendment (Restricted Breed Dogs) Bill 2017 1

Drugs, Poisons and Controlled Substances Amendment (Real‐time Prescription Monitoring) Bill 2017 3

Game Management Authority Amendment Bill 2017 6

Justice Legislation Amendment (Body‐worn Cameras and Other Matters) Bill 2017 8

Appendices

1 – Index of Bills in 2017 13

2 – Committee Comments classified by Terms of Reference 15

3 – Current Ministerial Correspondence 17

4 – Statutory Rules and Legislative Instruments considered 19

Parliament of Victoria, Australia

Scrutiny of Acts and Regulations Committee

Reports to Parliament Alert Digests 2017

ISBN 978‐1‐925345‐39‐1

ISSN 1440‐2939

Ordered to be Published

By Authority. Government Printer for the State of Victoria. Parliamentary Paper No. 306, Session 2014‐2017

ii

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 been 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

‘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 2016 one penalty unit equals $155.46)

‘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

1

A l e r t D i g e s t No . 1 1 o f 2 0 1 7

Domestic Animals Amendment (Restricted Breed Dogs) Bill 2017

Bill Information

Minister Hon Jaala Pulford MP Introduction Date 8 August 2017 Portfolio Agriculture Second Reading Date 9 August 2017

Bill Summary

The Bill would amend the Domestic Animals Act 1994 to:

remove the prohibition on the keeping of a ‘restricted breed dog’1 (repeal of section 41EA) [9]

provide for the registration of restricted breed dogs by Councils (new section 17(1AA) [5]

provide for the payment by Councils to the Treasurer of a levy in respect of the registration of restricted breed dogs (new section 69(1A)) [10]

make other related and consequential amendments.

Type of Bill

Government Bill Private Members Bill

CONTENT ISSUES

NONE Inappropriately delegates legislative power Other: Trespasses unduly on Rights or Freedoms

Details

N/A

Recommendation

Refer to Parliament for consideration

Write to Minister/ Member for clarification

No further action required

1 The Principal Act currently defines a ‘restricted breed dog’ as any one of the following:

(a) Japanese Tosa;

(b) fila Brasileiro;

(c) dogo Argentino;

(d) Perro de Presa Canario (or Presa Canario);

(e) American Pit Bull Terrier (or PitBull Terrier).


2

CHARTER ISSUES

NONE Compatibility with Human Rights

Other: Operation of the Charter

Details

The Domestic Animals Amendment (Restricted Breed Dogs) Bill 2017 is compatible with the rights set out in the Charter of Human Rights and Responsibilities.

Recommendation

Refer to Parliament

for consideration

Write to Minister/

Member for clarification



3

Drugs, Poisons and Controlled Substances Amendment (Real‐time Prescription Monitoring) Bill 2017

Bill Information

Minister Hon Jill Hennessy MP Introduction Date 8 August 2017 Portfolio Health Second Reading Date 9 August 2017

Bill Summary

The Bill would introduce a ‘real‐time prescription monitoring system’, which would require prescribers and pharmacists to review patient dispensing records before writing or dispensing prescriptions.

The Second Reading Speech describes the purposes of the Bill as the prevention of prescription drug overdoses and the earlier detection of prescribed medicine misuse.

The Bill would:

empower the Secretary of the Department of Health and Human Services to establish a database containing records of the supply of:

o all schedule 8 medicines, i.e., high‐risk prescription medicines that are potentially addictive and require additional controls

o other high‐risk medicines, e.g., some schedule 4 medicines such as diazepam2 (new section 30A) [5]

provide the Secretary with the power to require a prescribed person, class of person or data source entity to provide information to the database in accordance with the regulations (section 30B(2)) [5]

enable access, use and disclosure of information on the monitored poisons database by:

o pharmacists, registered medical practitioners or nurse practitioners for purposes specified in the Bill (new sections 30C(1) and (2))

o prescribed entities or persons authorised by the Secretary of the Department of Health and Human Services (or classes of such entities or persons) for purposes prescribed in the regulations or the authorisation (new sections 30C(3) to (5)) [5]

require pharmacists, registered medical practitioners, nurse practitioners and authorised suppliers to review a patient's dispensing history on the poisons database before writing or dispensing a prescription (exceptions would apply in circumstances where the risk of 'prescription shopping' is low, such as in prisons, residential aged care or as hospital inpatients) (subject to a penalty for contravention of 100 penalty units) (new sections 30E to 30H) [5]

2 Schedules 8 and 4 are contained in the Poisons Standard June 2017, a Federal Legislative Instrument consisting of the

Standard for the Uniform Scheduling of Medicines and Poisons No. 17 (the SUSMP 17) that is included in the relevant legislation of the States and Territories.


4

require a registered medical practitioner, nurse practitioner or pharmacist to notify the Secretary as soon as practicable of a ‘reportable drug event’3 (subject to a penalty of 100 penalty units for failure to do so) (new section 32A). [7]

Type of Bill


CONTENT ISSUES


Details

Delegation of legislative power – Delayed commencement — Whether justified

Clause 2 provides for the Bill to come into operation on a day or days to be proclaimed, with a default commencement date of 1 August 2018.

However, clause 18 would insert new section 146 into the Principal Act, which is a transitional provision that would allow for the staged implementation of the real‐time prescription monitoring scheme.

New section 146(1) would provide that sections 30E, 30F, 30G and 30H (see Content section above) would not apply in any staged implementation area for a period not exceeding 12 months after the commencement of new Division 9 of Part II (see clause 5 of the Bill). Those sections may therefore not commence in any staged implementation for more than 12 months after the date of the Bill’s introduction.

The Explanatory Memorandum states:

This is needed to ensure that the requirements to check the database before prescribing or supplying a monitored supply poison do not apply in areas where the database has not yet been rolled out.

The possible delay in the commencement of sections 30E, 30F, 30G and 30H appears justified.

Recommendation




CHARTER ISSUES



3 A reportable drug event is defined to occur where requests are made of pharmacists for certain drugs in greater quantity

or frequency than necessary, where a medical practitioner believes their patient is a drug‐dependent person seeking certain forms of treatment, or in circumstances prescribed by the Secretary.


5

Details

The Drugs, Poisons and Controlled Substances Amendment (Real‐time Prescription Monitoring) Bill 2017 is compatible with the rights set out in the Charter of Human Rights and Responsibilities.

Recommendation





6

Game Management Authority Amendment Bill 2017

Bill Information

Sponsor Hon Daniel Young MLC Introduction Date 7 June 2017 Private Members Bill Second Reading Date 9 August 2017

Bill Summary

The Bill would create four new objectives for the Game Management Authority (GMA) (consistent with the objectives of the Victorian Fisheries Authority):

to optimise the social, cultural and economic benefits of game hunting

to support the development of recreational game hunting

to support the development of commercial game hunting

to work cooperatively with game‐hunting bodies in other States, Territories and the Commonwealth. [4]

The Bill would amend the functions of the GMA by inserting a new function to inform and educate game hunters and the public about rights and obligations in relation to game hunting. [5]

The Bill would create new functions for the GMA (also consistent with the functions of the Victorian Fisheries Authority):

to provide advice to the Minister or Secretary to assist in the development of strategic policy or legislation in relation to the development or management of game hunting in Victoria

to administer grants approved by the Minister in relation to game and game hunting. [5]

The Bill would also require the GMA to publish ministerial directions on its website and in the Government Gazette within 14 days of receiving the direction. [6]

Type of Bill


CONTENT ISSUES

NONE Inappropriately delegates legislative power

Other: Trespasses unduly on Rights or Freedoms

Details

N/A

Recommendation





7

CHARTER ISSUES


Other: Operation of the Charter Details

The Game Management Authority Amendment Bill 2017 is compatible with the rights set out in the Charter of Human Rights and Responsibilities.

Recommendation

Refer to Parliament

for consideration

Write to Member for

clarification



8

Justice Legislation Amendment (Body‐worn Cameras and Other Matters) Bill 2017

Bill Information

Minister Hon Martin Pakula MP Introduction Date 8 August 2017 Portfolio Attorney‐General Second Reading Date 9 August 2017

Bill Summary

The Bill would amend:

the Surveillances Devices Act 1999 to facilitate the use of body‐worn cameras and tablet computers by police and prescribed persons to record certain private conversations in the course of their duties without a warrant

the Judicial Proceedings Reports Act 1958 to permit the disclosure of certain information to prescribed persons or bodies to enable them to perform their statutory functions.

Amendment of the Surveillance Devices Act 1999

Extension of offence exceptions in relation to body‐worn cameras and tablet computers

The Bill would extend the exceptions to the existing offences of knowingly installing, using or maintaining a listening device (section 6(1)) or optical surveillance device (section 7(1)) to listen, observe or record a private conversation or private activity (to which a person is not a party) without the consent of the parties. (The exceptions are set out in sections 6(2) and 7(2) respectively).

The new exceptions would include the overt use of a body‐worn camera or tablet computer by:

a police officer (new sections 6(2)(d) and 7(2)(d)) or

a prescribed person, or a person belonging to a prescribed class (new sections 6(2)(e) and 7(2)(e))

who is acting in the course of their duty and where the recording of the conversation is inadvertent, unexpected or incidental. The police officer or prescribed person would also not be required to inform the person that they are being recorded (new sections 6(3) and 7(3)). [4, 5]

Extension of protected information definition

The Bill would amend the definition of ‘protected information’ in section 30D to include any information obtained from the use of a body‐worn camera or tablet computer by a police officer or a prescribed person (or a person belonging to a prescribed class) in the course of their duties. (The existing offence provisions in sections 30E(1) and (2) would therefore apply to the use, communication or publication of such information.) [6]

Extension of the definition of ‘local protected information’ and permitted uses of protected information

The Bill would also add information obtained from the use of a body‐worn camera or tablet computer by a police officer or prescribed person acting in the course of their duty to the definition of ‘local protected information’ (contained in section 30F(4)) and permit the use of such information for:


9

the existing purposes in section 30F(1)4

the education and training of police officers or prescribed persons

any other purpose prescribed in regulations. [7]

Amendment of the Judicial Proceedings Reports Act 1958

The Bill would clarify that information about sentences in sexual offence cases can be shared between the courts and entities carrying out statutory functions, including for the purposes of the sex offenders register maintained by the Chief Commissioner of Victoria Police (substituted section 4(1D)). [8]

The Statement of Compatibility notes that the Act currently allows for the disclosure of information in sexual offences cases to the Judicial College of Victoria and the Sentencing Advisory Council and that the Bill intends that these agencies will be listed, with the sex offenders registry, in regulations made under the new regulation‐making power contained in new section 5. [9]

Type of Bill


CONTENT ISSUES


Details

N/A

Recommendation




CHARTER ISSUES



Details

Expression – Security – Fair hearing – Partial ban on communicating information from some body‐worn cameras

Summary: The Committee will write to the Attorney‐General seeking further information as to whether clauses 6 and 7 permit the communication of information from body‐worn cameras that do not record

4 Those purposes include the investigation of an offence, the decision whether or not to bring proceedings in respect of

an offence and the investigation of complaints against public officers.


10

private activities or conversations (i.e. recordings of public events) for the purposes of investigations, prosecutions and police complaints.

Relevant provisions

The Committee notes that clause 6, amending existing s. 30D(1), provides that ‘protected information’ includes ‘any information obtained from the use of a body‐worn camera or a tablet computer’ by a police officer or prescribed person acting in the course of his or her duty. Under existing s. 30E, such information cannot be disclosed except in very narrow circumstances (such as disclosure to a security agency, or of already public information, or to prevent a serious risk of violence.)

The Committee also notes clause 7, amending existing s. 30F(4), provides that ‘local protected information’ includes information ‘obtained from the use of a body‐worn camera or tablet computer’ by a police officer or prescribed person acting in the course of his or her duty ‘to record a private conversation or a private activity.’ Under existing s. 30F(1), such information can be disclosed (despite s. 30E) for a variety of purposes, including to investigate and prosecute offences and to investigate complaints about police officers.

The Committee observes that the combined effects of clauses 6 and 7 may be to largely ban the communication of information from body‐worn cameras in court proceedings and police complaints, except where the recording is of private matters. For example, if a body‐worn camera records a public event, such as a protest or a shooting, then clause 6 may prohibit the disclosure of information from that footage to a court or to a citizen affected by police action.

Charter analysis

The Statement of Compatibility only addresses the compatibility of the Bill with the Charter’s right to privacy. In that context, it remarks:

[T]he bill contains safeguards to ensure that private conversations are appropriately protected and managed, namely:

Clause 7(2) amends the Surveillance Devices Act to classify all body‐worn camera footage of private conversations or activities as 'local protected information'. Any unauthorised disclosure of this information is a serious offence and carries penalties of up to two years imprisonment or a fine of over $38 000, or both. Body corporates face a fine of over $190 000. In circumstances where disclosure of the information could endanger a person's safety or could prejudice the conduct of an ongoing investigation, individuals face heavier penalties of up to 10 years imprisonment or a fine of over $190 000, and body corporates could face a fine of over $950 000.

Clause 7(1) permits the use of body‐worn camera footage only under certain circumstances, being for education and training, and for other purposes prescribed by regulations.

These measures are in place to ensure that any personal information captured by body‐worn cameras or tablets are subject to rigorous protections from unauthorised disclosure.

However, the Statement of Compatibility does not address the effect of clauses 6 and 7 on other Charter rights.

Committee comment

The Committee notes that clauses 6 and 7, to the extent that they prohibit most communications of information from the use of body‐worn cameras (other than recordings of private conversations and activities), may engage Charter rights that are furthered by the communication and use of such information, including the Charter right to freedom of expression and, in some circumstances, its rights


11

to security of the person and to a fair hearing.5 For example, if clause 6 prevents a person who claims to be a victim of police violence in a public place from obtaining information from a police officer’s body worn camera, then that may limit that person’s ability to seek a court remedy for that violence or to defend himself or herself in a criminal prosecution.

Relevant comparisons

The Committee observes that New South Wales and the Northern Territory have similar provisions to clause 6 (the ban on communicating all information from body‐worn cameras) but include all such information in their equivalent to clause 7 (permitting the use of such information for investigations, prosecutions and complaints)6, rather than only including information from recordings of private activities or conversations. That is, both jurisdictions permit the use of all information from body‐worn cameras, including ones that record public events, in court and complaint proceedings.

Conclusion

The Committee will write to the Attorney‐General seeking further information as to whether clauses 6 and 7 permit the communication of information from body‐worn cameras that do not record private activities or conversations (i.e. recordings of public events) for the purposes of investigations, prosecutions and police complaints.

The Committee makes no further comment.

Recommendation

Refer to Parliament

for consideration

Write to Minister for clarification


5 Charter ss. 15(2), 21(1) and 24(1). 6 See Surveillance Devices Act 2007 (NSW), ss. 39(d) & 40(4) and Surveillance Devices Act 2007 (NT), ss. 51(2)(c) & 53(1).


12

13

Append i x 1 I n d e x o f B i l l s i n 2 0 1 7

Alert Digest Nos.

Administration and Probate and Other Acts Amendment (Succession and Related Matters) Bill 2016 1

Bail Amendment (Stage One) Bill 2017 8, 9 Building Amendment (Enforcement and Other Measures) Bill 2016 1, 2 Children Legislation Amendment (Reportable Conduct) Bill 2016 1 Children and Justice Legislation Amendment (Youth Justice Reform) Bill 2017 8, 9 Children, Youth and Families Amendment (Youth Offenders) Bill 2016 1, 3 City of Greater Geelong Amendment Bill 2017 7 Commercial Passenger Vehicle Industry Bill 2017 3, 4 Corrections Amendment (Parole) Bill 2016 1 Corrections Legislation Miscellaneous Amendment Bill 2017 7, 8 Country Fire Authority Amendment (Protecting Volunteer Firefighters) Bill 2016 2 Crimes Amendment (Ramming of Police Vehicles) Bill 2017 10 Crimes (Mental Impairment and Unfitness to be Tried) Amendment Bill 2016 1 Crimes Legislation Amendment (Public Order) Bill 2017 5 Disability Amendment Bill 2017 8 Domestic Animals Amendment (Restricted Breed Dogs) Bill 2017 11 Drugs, Poisons and Controlled Substances Amendment (Pilot Medically Supervised Injecting

Centre) Bill 2017 2, 3 Drugs, Poisons and Controlled Substances Amendment (Real‐time Prescription

Monitoring) Bill 2017 11 Drugs, Poisons and Controlled Substances Miscellaneous Amendment Bill 2017 4, 5 Education and Care Services National Law Amendment Bill 2017 3 Electricity Safety Amendment (Bushfire Mitigation Civil Penalties Scheme) Bill 2017 2 Environment Protection Bill 2017 9, 10 Fair Work (Commonwealth Powers) Amendment Bill 2017 2 Family Violence Protection Amendment Bill 2017 4 Family Violence Protection Amendment (Information Sharing) Bill 2017 5, 8 Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment

(Reform) Bill 2017 8, 9 Game Management Authority Amendment Bill 2017 11 Health Legislation Amendment (Quality and Safety) Bill 2017 10 Jury Directions and Other Acts Amendment Bill 2017 3, 4 Justice Legislation Amendment (Body‐worn Cameras and Other Matters) Bill 2017 11 Justice Legislation Amendment (Court Security, Juries and Other Matters) Bill 2017 8, 9 Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016 1, 2 Justice Legislation Amendment (Protective Services Officers and Other Matters) Bill 2017 8, 9 Land Legislation Amendment Bill 2017 5 Mineral Resources (Sustainable Development) Amendment (Latrobe Valley Mine Rehabilitation

Commissioner) Bill 2017 5 Oaths and Affirmations Bill 2017 9 Parks and Crown Land Legislation Amendment Bill 2017 9 Planning and Building Legislation Amendment (Housing Affordability and Other Matters)

Bill 2017 10 Ports and Marine Legislation Amendment Bill 2017 4


14

Racing Amendment (Modernisation) Bill 2017 9 Resources Legislation Amendment (Fracking Ban) Bill 2016 3 Sentencing Amendment (Sentencing Standards) Bill 2017 8, 9 Sex Offenders Registration Amendment (Miscellaneous) Bill 2017 7 Small Business Commission Bill 2016 1 State Taxation Acts Amendment Bill 2017 7, 9 Statute Law Revision Bill 2017 2 Summary Offences Amendment (Begging or Gathering Alms) Bill 2016 1 Urban Renewal Authority Victoria Amendment (Development Victoria) Bill 2016 1 Victorian Planning Authority Bill 2016 1, 2 Worksafe Legislation Amendment Bill 2017 5, 7 Wrongs Amendment (Organisational Child Abuse) Bill 2016 1 Yarra River Protection (Wilip‐gin Birrarung murron) Bill 2017 10

15

Append i x 2 Comm i t t e e C ommen t s c l a s s i f i e d

b y T e rm s o f R e f e r e n c e

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

Resources Legislation Amendment (Fracking Ban) Bill 2016 3 Sentencing Amendment (Sentencing Standards) Bill 2017 8, 9 Yarra River Protection (Wilip‐gin Birrarung murron) Bill 2017 10

(vi) inappropriately delegates legislative power

Bail Amendment (Stage One) Bill 2017 8, 9 Building Amendment (Enforcement and Other Measures) Bill 2016 1, 2 Children and Justice Legislation Amendment (Youth Justice Reform) Bill 2017 8, 9 Commercial Passenger Vehicle Industry Bill 2017 3, 4 Environment Protection Bill 2017 9, 10 Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment

(Reform) Bill 2017 8, 9 Justice Legislation Amendment (Protective Services Officers and Other Matters) Bill 2017 8, 9 Small Business Commission Bill 2016 1 State Taxation Acts Amendment Bill 2017 7, 9

(viii) is incompatible with the human rights set out in the Charter of Human Rights and Responsibilities

Administration and Probate and Other Acts Amendment (Succession and Related Matters) Bill 2016 1

Bail Amendment (Stage One) Bill 2017 8, 9 Building Amendment (Enforcement and Other Measures) Bill 2016 1, 2 Children and Justice Legislation Amendment (Youth Justice Reform) Bill 2017 8, 9 Children, Youth and Families Amendment (Youth Offenders) Bill 2016 1, 3 Commercial Passenger Vehicle Industry Bill 2017 3, 4 Corrections Amendment (Parole) Bill 2016 1 Corrections Legislation Miscellaneous Amendment Bill 2017 7, 8 Drugs, Poisons and Controlled Substances Amendment (Pilot Medically Supervised Injecting

Centre) Bill 2017 2, 3 Drugs, Poisons and Controlled Substances Miscellaneous Amendment Bill 2017 4, 5 Family Violence Protection Amendment (Information Sharing) Bill 2017 5, 8 Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment

(Reform) Bill 2017 8, 9 Jury Directions and Other Acts Amendment Bill 2017 3, 4 Justice Legislation Amendment (Body‐worn Cameras and Other Matters) Bill 2017 11


16

Justice Legislation Amendment (Court Security, Juries and Other Matters) Bill 2017 8, 9 Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016 1, 2 Urban Renewal Authority Victoria Amendment (Development Victoria) Bill 2016 1 Victorian Planning Authority Bill 2016 1, 2 Worksafe Legislation Amendment Bill 2017 5, 7 Wrongs Amendment (Organisational Child Abuse) Bill 2016 1

17

Append i x 3 C u r r e n t M i n i s t e r i a l C o r r e s p o n d e n c e

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 Committee Letter / Minister’s Response

Alert Digest No. Issue raised / Response Published

Small Business Commission Bill 2016

Small Business, Innovation and Trade

22.11.16 07.12.16

16 of 2016 1 of 2017

Administration and Probate and Other Acts Amendment (Succession and Related Matters) Bill 2016

Attorney‐General 06.12.16 15.12.16

17 of 2016 1 of 2017

Resources Legislation Amendment (Fracking Ban) Bill 2016

Resources 06.12.16 22.02.17

17 of 2016 3 of 2017

Urban Renewal Authority Victoria Amendment (Development Victoria) Bill 2016

Major Projects 06.12.16 23.01.17

17 of 2016 1 of 2017

Wrongs Amendment (Organisational Child Abuse) Bill 2016


17 of 2016 1 of 2017

Building Amendment (Enforcement and Other Measures) Bill 2016

Planning 07.02.17 17.02.17

1 of 2017 2 of 2017

Children, Youth and Families Amendment (Youth Offenders) Bill 2016

Ms Georgie Crozier MP 07.02.17 20.02.17

1 of 2017 3 of 2017

Corrections Amendment (Parole) Bill 2016

Hon Edward O’Donohue MP 07.02.17 1 of 2017

Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016

Corrections 07.02.17 20.02.17

1 of 2017 2 of 2017

Victorian Planning Authority Bill 2016

Planning 07.02.17 17.02.17

1 of 2017 2 of 2017

Drugs, Poisons and Controlled Substances Amendment (Pilot Medically Supervised Injecting Centre) Bill 2017

Ms Fiona Patten MP 21.02.17 23.02.17

2 of 2017 3 of 2017

Commercial Passenger Vehicle Industry Bill 2017

Public Transport 07.03.17 20.03.17

3 of 2017 4 of 2017

Jury Directions and Other Acts Amendment Bill 2017


3 of 2017 4 of 2017


18

Bill Title Minister/ Member Date of Committee Letter / Minister’s Response

Alert Digest No. Issue raised / Response Published

Drugs, Poisons and Controlled Substances Miscellaneous Amendment Bill 2017

Police 21.03.17 27.04.17

4 of 2017 5 of 2017

Family Violence Protection Amendment (Information Sharing) Bill 2017

Special Minister of Statevii 08.05.17 25.05.17

5 of 2017 8 of 2017

Worksafe Legislation Amendment Bill 2017

Finance 02.05.17 12.05.17

5 of 2017 7 of 2017

Corrections Legislation Miscellaneous Amendment Bill 2017

Corrections 24.05.17 05.06.17

7 of 2017 8 of 2017

State Taxation Acts Amendment Bill 2017

Treasurer 24.05.17 15.06.17

7 of 2017 9 of 2017

Bail Amendment (Stage One) Bill 2017


8 of 2017 9 of 2017

Children and Justice Legislation Amendment (Youth Justice Reform) Bill 2017


8 of 2017 9 of 2017

Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Bill 2017

Emergency Services 06.06.17 16.06.17

8 of 2017 9 of 2017

Justice Legislation Amendment (Court Security, Juries and Other Matters) Bill 2017


8 of 2017 9 of 2017

Justice Legislation Amendment (Protective Services Officers and Other Matters) Bill 2017

Police 06.06.17 19.06.17

8 of 2017 9 of 2017

Sentencing Amendment (Sentencing Standards) Bill 2017


8 of 2017 9 of 2017

Environment Protection Bill 2017 Energy, Environment and Climate Change

20.06.17 23‐07‐17

9 of 2017 10 of 2017

Yarra River Protection (Wilip‐gin Birrarung murron) Bill 2017

Planning 08‐08‐17 10 of 2017

Justice Legislation Amendment (Body‐worn Cameras and Other Matters) Bill 2017

Attorney‐General 22.08.17 11 of 2017

vii The Committee first wrote to the Attorney‐General who introduced this Bill on the 2 May 2016. However, the

Committee now understands that this Bill is the responsibility of the Special Minister of State and has readdressed its correspondence accordingly.

19

Append i x 4 S t a t u t o r y R u l e s a n d L e g i s l a t i v e

I n s t r umen t s c o n s i d e r e d

The following Statutory Rules and legislative instruments were considered by the Regulation Review Subcommittee on 7 and 21 August 2017.

Monday 7 August 2017

Statutory Rules Series 2017

SR No. 30 – Subordinate Legislation (Aboriginal Heritage Regulations 2007) Extension Regulations 2017

SR No. 31 – Building Interim Regulations 2017

SR No. 32 – Supreme Court (Chapter I Email Service Amendment) Rules 2017

SR No. 33 – Supreme Court (Chapter I Senior Master’s Powers Amendment) Rules 2017

SR No. 34 – Supreme Court (Chapter VI Powers of Judicial Registrars Amendment) Rules 2017

SR No. 35 – Victorian Civil and Administrative Tribunal (Amendment No.17) Rules 2017

SR No. 36 – County Court (Chapter I Recovery of Pro Bono Costs Amendment) Rules 2017

SR No. 37 – Rooming House Operators Amendment Regulations 2017

SR No. 38 – Judicial Commission of Victoria Regulations 2017

SR No. 39 – Crimes (Child Abuse Material) Regulations 2017

SR No. 40 – Transport Accident Regulations 2017

SR No. 41 – Road Safety Road Rules 2017

SR No. 42 – Road Safety (Drivers), (General), (Traffic Management) and (Vehicles) Amendment (Road Rules) Regulations 2017

SR No. 43 – Traditional Owner Settlement Regulations 2017

SR No. 45 – Environment Protection (Scheduled Premises) Regulations 2017

SR No. 46 – Victorian Energy Efficiency Target (Project‐Based Activities) Regulations 2017

SR No. 47 – Subordinate Legislation (Heritage (Historic Shipwrecks) Regulations 2007) Extension Regulations 2017

SR No. 48 – Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017

SR No. 49 – Transport (Compliance and Miscellaneous)(Conduct on Public Transport) Amendment Regulations 2017

SR No. 50 – Transport (Buses, Taxi‐Cabs and Other Commercial Passenger Vehicles)(Taxi‐Cab Industry Accreditation and Other Matters) Regulations 2017

SR No. 60 – Corrections Amendment Regulations 2017

SR No. 62 – Child Wellbeing and Safety Regulations 2017

Legislative Instruments

Amendment to Initial Abalone Quota Order

Event Management Declaration for Kardinia Park Stadium

Specification of Railway Stations for the Purposes of the Definition of ‘Compulsory Ticket Area’ In The Transport (Compliance and Miscellaneous)(Ticketing) Regulations 2017


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Order Declaring a Specified Entity – Public Transport Victoria

Director of Housing Determinations

Determining Licence Conditions and Fixing Fees for Meat Processing Facility Licences

Fixing Fees for a Meat Transport Vehicle Licence

Determining Classes of Licence and Fixing Fees for Seafood Safety Licences

Road Management Act 2004

Code of Practice for Operational Responsibility for Public Roads

Monday 21 August 2017

Statutory Rules Series 2017

SR No. 29 – Drugs, Poisons and Controlled Substances Regulations 2017

SR No. 44 – Education and Training Reform Regulations 2017

Alert Digest No 11 of 2017, 22 August 2017 · (ii) if a Bill repeals, ... Alert Digest No. 11 of...

Documents

Transcript of Alert Digest No 11 of 2017, 22 August 2017 · (ii) if a Bill repeals, ... Alert Digest No. 11 of...