Alert Digest No 10 of 2017, 8 August 2017 · (Ramming of Police Vehicles) Bill 2017 Environment...

crutiny of Actsand Regulations Committee

58th Parliament

No. 10 of 2017

Tuesday, 8 August 2017on the following Bills

Crimes Amendment(Ramming of Police Vehicles)

Bill 2017

Environment Protec on Bill 2017

Health Legisla on Amendment(Quality and Safety) Bill 2017

Planning and Building Legisla onAmendment (Housing Affordability and

Other Ma ers) Bill 2017

Yarra River Protec on(Wilip-gin Birrarung murron)

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. 10 of 2017

Crimes Amendment (Ramming of Police Vehicles) Bill 2017 1

Health Legislation Amendment (Quality and Safety) Bill 2017 3

Planning and Building Legislation Amendment (Housing Affordability and Other Matters) Bill 2017 7

Yarra River Protection (Wilip‐gin Birrarung murron) Bill 2017 9

Appendices

1 – Ministerial responses to Committee correspondence 13

i. Environment Protection Bill 2017 13

2 – Index of Bills in 2017 15

3 – Committee Comments classified by Terms of Reference 17

4 – Current Ministerial Correspondence 19

Parliament of Victoria, Australia

Scrutiny of Acts and Regulations Committee

Reports to Parliament Alert Digests 2017

ISBN 978‐1‐925345‐38‐4

ISSN 1440‐2939

Ordered to be Published

By Authority. Government Printer for the State of Victoria. Parliamentary Paper No. 305, 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 0 o f 2 0 1 7

Crimes Amendment (Ramming of Police Vehicles) Bill 2017

Bill Information

Sponsor Hon Edward O’Donohue MLC Introduction Date 20 June 2017 Private Members Bill Second Reading Date 21 June 2017

Bill Summary

The Bill would amend the Crimes Act 1958 to:

make it an offence (subject to a maximum of 10 years imprisonment) for a person, without lawful excuse, to ram a police vehicle using another vehicle or cause a police vehicle to be rammed using another vehicle (new section 247M) [3]

require that a term of imprisonment for the offence under new section 247M be served cumulatively, unless exceptional circumstances exist (new sections 16(1A)(da) and 16(3BB)). [6]

The Bill would also amend the Sentencing Act 1991 to require that a minimum custodial sentence of 2 years be imposed for the offence of ramming a police vehicle unless a special reason exists or the offender is less than 18 years of age (new section 10AD). [4]

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

CHARTER ISSUES

NONE Compatibility with Human Rights

Other: Operation of the Charter


2

Details

The Crimes Amendment (Ramming of Police Vehicles) Bill 2017 is compatible with the rights set out in the Charter of Human Rights and Responsibilities.

Recommendation





3

Health Legislation Amendment (Quality and Safety) Bill 2017

Bill Information

Minister Hon Jill Hennessy MP Introduction Date 20 June 2017 Portfolio Health Second Reading Date 21 June 2017

Bill Summary

The Bill would:

amend the Health Services Act 1988, Ambulance Services Act 1986 and Mental Health Act 2014 to strengthen and elevate roles and responsibilities for quality and safety and to improve governance arrangements under those Acts

amend the Health Services Act 1998 to establish the Better Care Victoria Board

amend the Public Health and Wellbeing Act 2008 in relation to Consultative Councils and to make various technical amendments in relation to immunisation

amend the Health Complaints Act 2016 in relation to delegation powers.

Type of Bill


CONTENT ISSUES

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

Details

1. Delegation of legislative power – Delayed commencement — Whether justified

Clause 2 of the Bill provides that Parts 2, 3, 4 (with the exception of clause 89), 5 and 7 would come into operation on a day or days to be proclaimed, with a default commencement date of 1 July 2018, which is more than 12 months from the date of the Bill’s introduction. The Explanatory Memorandum states that a default commencement date of 1 July 2018 is required:

because many board appointments expire on 30 June of each year so it will be efficient to commence new governance arrangements on 1 July 2018; and

to align additional reporting requirements with the commencement of the financial year.

The delayed commencement provision appears justified.

2. Retrospective commencement of provision

Clause 2 of the Bill provides that clause 89 — which would amend section 31(1) of the Mental Health Amendment Act 2015 — would be made retrospective to 24 November 2015 (the day before section 31(1) came into operation). The Explanatory Memorandum states that the reason for the retrospective commencement is:


4

… to remove any doubt that the amendment took effect as intended. Clause 89 is a minor, technical amendment to section 31(1) of the Mental Health Amendment Act 2015 to insert the missing word "person" in the instruction to amend the heading to section 353 of the Mental Health Act 2014. The retrospectivity will not adversely affect any person.

The Committee accepts that the retrospective commencement of clause 89 is necessary and does not appear to have an adverse impact on any person.

3. Entry, search and seizure without a warrant

The Bill would introduce a number of provisions into the Health Services Act 1988 that would expand the grounds on which authorised officers may exercise (under section 147) the powers of entry, search and seizure without a warrant in relation to the premises of a registered funded agency or health service establishment.1

The Statement of Compatibility provides:

…clause 44 of the bill inserts a new section 110B into the Health Services Act, which imposes an obligation on the proprietor of a health service establishment to ensure that 'safe, patient‐centred and appropriate health services are provided at, or from' the establishment. I note that new section 110B may have the effect of expanding the powers of authorised officers under section 147.

The Committee notes that new sections 106(4), 107A and 108B (inserted by clause 42) may also have the effect of expanding the powers of authorised officers under section 147:

new section 106(4) would provide that the proprietor of a health service establishment must not, without reasonable excuse, fail to comply with the requirements of any applicable health service establishment premises guidelines

new section 107A would make it an offence for the proprietor of a health service establishment, without reasonable excuse, to fail to comply with the requirements of an applicable approved accreditation scheme

new section 108B would make it an offence for the proprietor of a health service establishment whose premises include a clinical area that is substantially altered, renovated or extended to, without reasonable excuse, use that clinical area if the Secretary has not a granted approval of that use.

The Statement of Compatibility also provides:

…the powers of authorised officers are clearly set out in section 147 of the Health Services Act and are strictly confined by reference to their purpose. They are also subject to appropriate legislative safeguards. In particular, an authorised officer must produce their identity card before undertaking an inspection, and an authorised officer who directs a proprietor or employee of a health service establishment to answer a question is required to inform the person that they may lawfully refuse to answer the question if it would tend to incriminate the person.

The Committee notes that while the above powers are exercisable without a warrant, they are for the purpose of determining compliance with the Act by a proprietor that has elected to engage in activities regulated by the Act.

1 Under section 147, those powers are exercisable for the purposes of ascertaining: whether the Act and regulations are

being complied with; and whether the agency or establishment is ensuring the well‐being of persons accommodated in or receiving care from the agency or establishment.


5

4. Interference with vested property rights

Clause 39 would insert new sections 100 and 101 into the Health Services Act 1988, which would empower the secretary to suspend the registration of a health service establishment generally (new section 101), or specifically in relation to a specified prescribed health service (new section 100).

Clause 40 would insert new sections 102(1)(ab) and (ac) into the Health Services Act 1988, which would empower the secretary to revoke the registration of a health service establishment if it has failed to comply with the requirements of an approved accreditation scheme, or if it has operated or is operating in a manner that poses a serious risk to patient health.

Clause 42 would insert new section 108B, which would make it an offence for a proprietor of a health service establishment to use a clinical area of the establishment if the Secretary has not granted approval of that use under new section 108A.

Clause 3 of the bill expands the definition of 'health service establishment' under the Health Services Act, and may therefore extend the secretary's power to revoke or suspend a registration or authority granted under the act.


The grounds on which the secretary can suspend or revoke registrations under these new sections indicates that the purpose of the suspension powers is to ensure the proper regulation of health service establishments and to minimise the risk of harm to patients of such establishments.

…

…licensing regimes created by statute are inherently subject to change and, for this reason, a modification of the regime is less likely to constitute a deprivation of property. In these circumstances, I am of the opinion that the provision of powers to suspend or revoke a registration or approval under the bill will not amount to a deprivation of property. Even if it did, it is clear that such a deprivation would be in accordance with law.

The Committee is satisfied that any interference with, or deprivation of, property pursuant to the above clauses is reasonable and necessary in the circumstances.

Recommendation




CHARTER ISSUES



Details

The Health Legislation Amendment (Quality and Safety) Bill 2017 is compatible with the rights set out in the Charter of Human Rights and Responsibilities.


6

Recommendation





7

Planning and Building Legislation Amendment (Housing Affordability and Other Matters) Bill 2017

Bill Information

Minister Hon Richard Wynne MP Introduction Date 20 June 2017 Portfolio Planning Second Reading Date 21 June 2017

Bill Summary

The Bill would amend the Planning and Environment Act 1987 with respect to the affordability of housing supply and the requirements for determining certain applications to amend a wind farm permit.

The Bill would also make miscellaneous amendments to the Building Act 1993 and the Building Amendment (Enforcement and Other Measures) Act 2017.

Type of Bill


CONTENT ISSUES



Details

N/A

Recommendation


Write to Minister/

Member for clarification


CHARTER ISSUES



Details

The Planning and Building Legislation Amendment (Housing Affordability and Other Matters) Bill 2017 is compatible with the rights set out in the Charter of Human Rights and Responsibilities.


8

Recommendation





9

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

Bill Information

Minister Hon Richard Wynne MP Introduction Date 20 June 2017 Portfolio Planning Second Reading Date 22 June 2017

Bill Summary

The Bill would:

provide for the declaration of the Yarra River and certain public land in its vicinity for the purpose of protecting it as one living and integrated natural entity

provide for the development and implementation of a Yarra Strategic Plan

establish the Birrarung Council, with the function of advising the Minister on matters relating to a Yarra Strategic Plan and generally in relation to the protection of Yarra River land

establish principles to which responsible public entities must have regard when performing functions or duties or exercising powers in relation to Yarra River land or other land the use or development of which may affect Yarra River land

provide for the declaration of the Greater Yarra Urban Parklands

amend the Planning and Environment Act 1987 and the Commissioner for Environmental Sustainability Act 2003 and make consequential amendments to other Acts.

The Bill includes a preamble that is partly written in the language of the traditional owners, the Woi‐wurrung language, which would represent a first for Victorian legislation. The preamble sets out why it is important to provide for the protection of the Yarra River and highlights the connection of the traditional owners of the land through which the Yarra River flows.

Type of Bill


CONTENT ISSUES



Details

1. Delegation of legislative power – Delayed commencement — Whether justified

Clause 2 of the Bill provides that, with the exception of clause 63, the Act would commence on a day or days to be proclaimed (with a default commencement date of 1 December 2017) but that clause 63 would come into operation on the day on which the initial Yarra Strategic Plan comes into operation. Clause 63 may therefore come into operation more than 12 months from the date of the Bill’s introduction.


10

Clause 63 would insert new Part 3AAA after existing Part 3 of the Planning and Environment Act 1987, which would require responsible public entities to comply with the Yarra Strategic Plan and set out the requirements and procedure for ratification by Parliament of amendments to planning schemes.

While there is no explicit explanation for the possible delayed commencement of clause 63 in the Explanatory Memorandum or Second Reading Speech, the operation of Part 3AAA is clearly contingent on the completion of an initial Yarra Strategic Plan.

The Committee also notes the following statement in the Minister’s Second Reading Speech:

The bill requires the development of a strategic river corridor plan for the Yarra River and its land. That plan will align and coordinate the efforts of the 14 responsible public entities with a common purpose.

The Yarra strategic plan will be prepared in partnership with the traditional owners, the eight responsible local councils along the river, and other government agencies.

It will give effect to a long‐term community vision for the future use, protection and improvement of the river and its land that looks ahead at least 50 years.

That vision will be co‐designed with the community.

The Committee is satisfied that the possible delayed commencement of clause 63 is justified in the circumstances.

2. Possible strict or absolute liability offence

Clause 33 would create a number of offences in relation to the conduct of panels appointed by the Minister to consider submissions on a draft Yarra Strategic Plan that are not fully adopted by the lead agency.

One of those offences, contained in section 33(1)(a), may be characterised by a court as a strict or absolute liability offence.2 Section 33(1)(a) provides that a person commits an offence (subject to a maximum fine of 10 penalty units) if they obstruct a member of a panel ‘while the member is performing functions or exercising powers as a member’.

The High Court held in R v Reynhoudt [1962] HCA 23 that in a prosecution for an offence of assaulting a police officer, the Crown did not have to prove that the accused knew that the person was a police officer or that they were acting in the execution of their duty. Those elements of the offence therefore imposed strict liability (they did not impose absolute liability because they were subject to the defence of ‘honest and reasonable mistake of fact’).

The ruling in R v Reynhoudt [1962] HCA 23 may suggest that there is no requirement for the Crown, when prosecuting a person under section 33(1)(a) to prove that the accused knew the person they were obstructing was a panel member or was performing functions or exercising powers as a member. However, it is unclear whether the defence of ‘honest and reasonable mistake of fact’ would be available in relation to those elements of the offence. Those elements of the offence might therefore be construed by a court as representing strict liability or absolute liability.

Alternatively, section 33(1)(a) may be distinguishable from R v Reynhoudt [1962] HCA 23 on the basis that, unlike obstruction, assault always constitutes an offence. If the decision is distinguishable, section 33(1)(a) may be read as a ‘mens rea’ offence, which would mean that the Crown would be required to

2 An offence is one of strict liability if there is no requirement to prove that the accused actually intended to do the act

for which they have been charged but the defence of ‘honest and reasonable mistake of fact’ is available. An offence is one of absolute liability if there is no requirement to prove that the accused actually intended to do the act for which they have been charged and the defence of ‘honest and reasonable mistake of fact’ is unavailable.


11

prove that the accused knew the person they were obstructing was a panel member or was performing functions or exercising powers as a member.

Paragraph A (iv) of the Committee’s Practice Note, states that it is a matter of concern to the Committee where a Bill provides insufficient or unhelpful explanatory material in respect to the creation of a strict or absolute liability offence. The Committee notes that neither the Explanatory Memorandum nor the Statement of Compatibility refer specifically to section 33(1)(a).

Given the uncertainty regarding the construction of section 33(1)(a), the Committee will write to the Minister to request clarification.

3. Interference with vested property rights

Clause 19 of the Bill provides that a Yarra Strategic Plan may apply to privately owned land that is: located within 1 kilometre of a bank of the Yarra River; or is further than 1 kilometre from a bank of the Yarra River but is the subject of a ministerial notice under clause 15 of the bill.


…the circumstances and procedures by which a person's control, use or enjoyment of their property may be restricted are clearly set out in the provisions of the bill. I am satisfied that, to the extent that this could be said to amount to an effective deprivation of property under the charter, such deprivation will occur both in accordance with law and for a legitimate purpose, namely the protection of the Yarra River and land related to it from use or development detrimental to its environmental, landscape, cultural, heritage and amenity values.

The Committee is satisfied that any interference with vested property rights is reasonable and justified in the circumstances.

Recommendation


Write to Minister/

Member for clarification


CHARTER ISSUES



Details

Conclusion

The Yarra River Protection (Wilip‐gin Birrarung murron) Bill 2017 is compatible with the rights set out in the Charter of Human Rights and Responsibilities.

Recommendation





12

13

Append i x 1 M i n i s t e r i a l r e s p o n s e s t o C omm i t t e e

c o r r e s p o n d e n c e

The Committee received Ministerial responses in relation to its correspondence on the Bills listed below.

The responses are reproduced in this appendix – please refer to Appendix 4 for additional information.

i. Environment Protection Bill 2017

15

Append i x 2 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 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 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 Health Legislation Amendment (Quality and Safety) Bill 2017 10 Jury Directions and Other Acts Amendment Bill 2017 3, 4 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 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


16

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

17

Append i x 3 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 (Court Security, Juries and Other Matters) Bill 2017 8, 9


18

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

19

Append i x 4 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


20

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 Stateiii 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

iii 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.

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