Alert Digest No 16 of 2016, 22 November 2016...Alert Digest No. 16 of 2016 Creative Victoria Bill 2016 1 ... recognise the important contribution to the arts by Aboriginal and Torres

crutiny of Actsand Regulations Committee

58th Parliament

No. 16 of 2016

Tuesday, 22 November 2016on the following Bills

Crea ve Victoria Bill 2016

Heritage Bill 2016

Owner Drivers and ForestryContractors Amendment Bill 2016

Small Business Commission Bill 2016

Working with ChildrenAmendment Bill 2016

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 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 2895Facsimilie: (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

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

Page Nos.

Alert Digest No. 16 of 2016

Creative Victoria Bill 2016 1

Heritage Bill 2016 2

Owner Drivers and Forestry Contractors Amendment Bill 2016 8

Small Business Commission Bill 2016 9

Appendices

1 – Ministerial responses to Committee correspondence 11

i. Working with Children Amendment Bill 2016 12

2 – Index of Bills in 2016 15

3 – Committee Comments classified by Terms of Reference 17

4 – Ministerial Correspondence 2016 19

Parliament of Victoria, Australia

Scrutiny of Acts and Regulations Committee

Reports to Parliament Alert Digests 2016

ISBN 978‐1‐925345‐25‐4

ISSN 1440‐2939

Ordered to be Published

By Authority. Government Printer for the State of Victoria. Parliamentary Paper No. 193, Session 2014‐2016

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

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A l e r t D i g e s t No . 1 6 o f 2 0 1 6

Creative Victoria Bill 2016

Introduced 8 November 2016 Second Reading Speech 9 November 2016 House Legislative Assembly Member introducing Bill Hon Martin Foley MLA Minister responsible Hon Martin Foley MLA Portfolio responsibility Minister for Creative Industries

Purpose

The Bill would:

outline the key functions of the Secretary, Department of Economic Development, Jobs, Transport and Resources (DEDJTR) and the Chief Executive, Creative Victoria in relation to the arts and creative industries

establish the office of the Chief Executive, Creative Victoria within DEDJTR and outline the objectives, functions and powers of the position

establish principles relating to the arts and creative industries

provide for the preparation of an arts and creative industries strategy every 4 years

recognise the important contribution to the arts by Aboriginal and Torres Strait Islander people and provide specifically for the support and promotion of their cultural arts practice

repeal the Arts Victoria Act 1972 and provide for transitional matters.

Charter report

The Creative Victoria Bill 2016 is compatible with the rights set out in the Charter of Human Rights and Responsibilities.

The Committee makes no further comment.


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Heritage Bill 2016

Introduced 8 November 2016 Second Reading Speech 9 November 2016 House Legislative Assembly Member introducing Bill Hon Richard Wynne MLA Minister responsible Hon Richard Wynne MLA Portfolio responsibility Minister for Planning

Purpose

The Bill would:

re‐enact with amendments the Heritage Act 1995 to provide for the protection and conservation of places and objects of cultural heritage significance in Victoria

provide for the establishment and functions of the Heritage Council and the Executive Director, and for the establishment of the Heritage Fund

establish the Victorian Heritage Register (which records places and objects of State level cultural heritage significance, including underwater cultural heritage) and the Heritage Inventory (which records archaeological sites and approved sites of archaeological value)

provide for the issue of permits and consents to carry out certain works or activities in relation to places and objects in the Heritage Register and sites in the Heritage Inventory

provide for the protection and conservation of places and objects of cultural heritage significance (including underwater cultural heritage) and of archaeological sites and approved sites of archaeological value by:

o creating various offences

o providing for interim protection orders, repair orders, rectification orders and stop orders

o providing inspectors with powers of entry, search and seizure

provide for the development of World Heritage Strategy Plans and World Heritage Management Plans for World Heritage listed places in Victoria

Content

Power of entry, search and seizure without a warrant — General powers of entry

Clause 201 would provide inspectors and persons authorised by the Heritage Council with ‘general’ powers of entry, search and seizure in relation to buildings or land without a warrant or a court order. The powers would be exercisable for the purposes of investigating issues of cultural heritage significance or determining whether or not the Act has been complied with in relation to a registered place or registered object.

The Committee notes the following extract from the Statement of Compatibility:

In each provision that permits inspectors to exercise powers of entry, the powers of inspectors and other authorised persons are clearly set out in the bill and are strictly confined by reference to their purpose. They are also subject to appropriate legislative safeguards. For instance, in the absence of a search warrant or a court order, the general powers of entry may only be exercised in relation to a residence with consent, or — in relation to other premises — with consent or clear


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notice, and must only be exercised at any reasonable time for specific purposes connected with the enforcement of the bill.

The Committee is satisfied that the general powers or entry, search and seizure without a warrant, contained in clause 201, are necessary and reasonable in the circumstances.

Power to stop and search ships and vehicles and to enter and search non‐residential premises — Underwater cultural heritage

Clause 211 would provide inspectors with the power to stop and search a ship or vehicle without a warrant, in certain circumstances, in relation to a suspected underwater cultural heritage offence against the Act or the regulations. An inspector would also have the power to search any non‐residential premises, as well as any tent, land or caravan, other than a caravan in a caravan park within the meaning of the Residential Tenancies Act 1997.

The Committee notes that the safeguards that would apply in relation to clause 201 (i.e., the written consent of the occupier or 2 days’ clear notice) would not apply in relation to clause 211.

However, the Committee also notes that the powers under clause 211 are only exercisable by an inspector, defined as a person appointed under the Act for the purposes of enforcement and legal proceedings, or a member of the police force.

The Committee is satisfied that the stop and search powers in relation to underwater cultural heritage contained in clause 211 are necessary and reasonable in the circumstances.

Charter report

Equality – Discrimination – Non‐coverage of Aboriginal places or objects of cultural heritage significance

Summary: The Bill does not apply to a place or object that is of cultural heritage significance only on the ground of its association with Aboriginal tradition. This requirement may involve discrimination on the basis of race. The Committee will write to the Minister seeking further information on the compatibility of this section with the right to equality.

Clause 8 of the Bill provides:

This Act does not apply to a place or object that is of cultural heritage significance only on the ground of its association with Aboriginal tradition.

The existing Heritage Act 1995 contains a similar exclusion.

This clause removes certain Aboriginal places or objects of cultural heritage significance (where they are not culturally significant for reasons other than their association with Aboriginal tradition) from protection under the Act. The basis for this exclusion might be that the provisions of the Aboriginal Heritage Act 2006 cover such places or objects. However the protections provided by that Act are different from the protections provided by the Bill.

In particular, there are significantly lower penalties for the offence provisions in the Aboriginal Heritage Act 2006 which may provide less protection for Aboriginal cultural heritage than for other places or objects of cultural heritage significance. For example s. 28 of that Act imposes a penalty of 60 penalty units for a natural person and 300 penalty units for a body corporate for doing ‘an act that harms or is likely to harm Aboriginal cultural heritage’. In contrast, the offence in clause 87 of knowingly or recklessly damaging all or any part of a registered place is subject to a penalty of 4800


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penalty units or imprisonment for 5 years in the case of a natural person and 9600 penalty units in the case of a body corporate.

Section 8(3) of the Charter provides that every person is equal before the law and has the right to equal and effective protection against discrimination. The Charter incorporates the definition of ‘discrimination’ in the Equal Opportunity Act 2010. The exclusion of Aboriginal cultural heritage from the apparently greater protections in the Bill may involve direct discrimination on the grounds of race, which is a protected attribute under the Equal Opportunity Act 2010. Clause 8 may therefore limit the right to equality and freedom from discrimination in s. 8(3) of the Charter.

The Statement of Compatibility does not address the issue of whether excluding places or objects that are of cultural heritage significance only on the ground of their association with Aboriginal tradition is a reasonable limit on the human right to equality and freedom from discrimination.

The Committee will write to the Minister seeking further information as to whether clause 8 is compatible with the human right to equality.

Self‐incrimination – Notice to provide information as to possession of Shipwreck – Information may incriminate

Summary: Clause 71 requires a person given a notice to inform the Executive Director whether the person has had possession of a shipwreck when such possession may involve the commission of an offence. This requirement may be incompatible with the Charter’s right not to be compelled to testify against oneself. The Committee will write to the Minister seeking further information.

Clause 71 provides that:

(1) The Executive Director may give written notice to a person if it appears to the Executive Director that –

(a) the person may have, or may have had, possession of an item; and

(b) the item is, or may be, a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.

(2) A notice under subsection (1) may require the person to whom it is given –

(a) to inform the Executive Director whether the person has, or has had, possession of the item…

(3) A person to whom notice is given under section (1) must not –

(a) refuse or fail to comply with the notice to the extent that the person is capable of complying with it…

Penalty: In the case of a natural person, 120 penalty units;

In the case of a body corporate, 240 penalty units.

The effect of clause 71 may be to require a person given a notice to provide evidence about their own commission of other offences under the Bill.

The Statement of Compatibility states:

Given that the bill contains other offences for removing shipwrecks and artefacts, and for performing other prohibited activities in relation to shipwrecks, there is the potential that such assistance or provision of information as required by clause 71 may incriminate the person or lead to the discovery of further evidence of an incriminating nature.


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However, in my view, this clause does not limit the right to protection against self‐incrimination. This is because the common law privilege against self‐incrimination is not abrogated. While the refusal or failure to comply with a written notice is an offence, it is only an offence to fail to comply with the notice ‘to the extent that the person is capable of complying with it’. Consistently with the principle of legality, clause 71 will be interpreted narrowly so as not to abrogate the privilege against self‐incrimination at common law. Accordingly, as a person can refuse to provide certain information on the grounds that to do so would incriminate himself or herself, the right to protection against self‐incrimination is not limited.

As the Statement of Compatibility notes, the privilege against self‐incrimination is protected by the common law interpretive principle of legality. A general provision requiring information that does not expressly provide that the requirement includes self‐incriminatory information (or necessarily imply

the abrogation of the privilege) may be read down as not extending to self‐incriminatory information.1

There remains the question of why, knowing that a section on its face abrogates the privilege against self‐incrimination, it is left to the courts to read down a proposed provision so that the privilege is not abrogated, when it is within the power of the Parliament to ensure that the desired, rights compliant, meaning of the provision is clear on its face. Such clarity would allow legislation to be read and understood without the assistance of lawyers and maintains the role of Parliament as the primary author of legislation.

The Committee refers to Parliament for its consideration the question of whether or not expressly providing for the preservation of the common law privilege against self‐incrimination is a less restrictive alternative reasonably available to achieve the purposes of the clause.

Presumption of innocence – Notice to comply – Requirement to disprove underlying offence

Summary: Clause 75 requires a person to comply with a notice to deliver up a shipwreck issued by the Executive Director, who may issue such a notice where they reasonably believe that a person has possession of a shipwreck. A person may be required to disprove that they have possession of the shipwreck in order to escape liability for the offence of non‐compliance with the notice. This may be incompatible with the Charter’s right to the presumption of innocence and the right to silence. The Committee will write to the Minister seeking further information.

Clause 75 provides that:

(1) If the Executive Director considers on reasonable grounds that a person has possession of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact which has been removed from a place without a permit issued in accordance with section 77, the Executive Director may give written notice to the person requiring them to deliver the item to the Executive Director.

(2) A person to whom a notice is given by the Executive Director under subsection (1) must comply with the notice.

Penalty: In the case of a natural person, 240 penalty units.

In the case of a body corporate, 480 penalty units.

Although there is no express excuse provided in relation to the requirement to comply with the notice where the person does not in fact have possession of the shipwreck as believed by the Executive

1 Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission (2002) 213 CLR 543.


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Director, one might be implied. Such a defence would require the defendant to adduce evidence that they did not commit the relevant underlying offences, which may limit the right to the presumption of innocence s. 25(1) of the Charter and the right to silence in s. 25(2)(k) of the Charter.

SARC’s practice note specifies that:

The explanatory material for any Bill that creates a provision permitting a person suspected of a criminal offence to be given a notice that specifies actions the person must take, must state whether or not the commission of the suspected offence must be proved in any proceedings for breach of the notice. If no such proof is required, then the Statement of Compatibility should examine whether the provision reasonably limits the right to the presumption of innocence in Charter s. 25(1). The discussion may consider whether expressly providing for a court to review the notice, before or after any alleged contravention, is a less restrictive alternative reasonably available to achieve the provision’s purpose.

The Statement of Compatibility in relation to this Bill does not address these matters.

The Committee will write to the Minister seeking further information as to whether clause 75 is compatible with the presumption of innocence and the right to silence.

Freedom of Expression – Offences – Prohibition on developing or altering registered places

Summary: Clauses 87 ‐ 89 of the Bill provide for offences in relation to developing or altering all or any part of a registered place. The definition of ‘develop’ includes the display of a sign and the construction or alteration of the place or a building on the place. These offences may limit the right to freedom of expression, in the form of signs and in the form of buildings and other built form. The Committee will write to the Minister seeking further information on the compatibility of this section with the right to freedom of expression.

Clauses 87 to 89 each prohibit certain forms of development or alteration to registered places, without a permit.

The definition of ‘develop’ includes:

(a) to construct or alter the place or a building on the place

(f) to construct or put up for display signs or hoardings

The definition of ‘alter’ is:

to modify or change the appearance or physical nature of the place or object, including any modification or change by way of structural or other works, by painting, plastering or other decoration

The prohibitions on constructing or altering a building on a registered place, including a prohibition on ‘painting, plastering or other decoration’, may limit the right to owners and architects to freedom of expression in the form of buildings and other built forms. The prohibition on displaying signs may limit the right to freedom of communication of owners and occupiers of registered places, including the right to freedom of political communication.

The Statement of Compatibility does not address the issue of whether these offence provisions are a reasonable limit on the human right to freedom of expression in the Charter.

The Committee will write to the Minister seeking further information as to whether clauses 87, 88 and 89 are compatible with the right to freedom of expression.


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Presumption of innocence – Exceptions to criminal offence – Defendants must prove did not know or not reasonably expected to know

Summary: Clause 127 imposes criminal liability for failure to provide a site card or report the discovery of an archaeological site. Clause 127(3) provides a defence in relation to knowledge that imposes a burden on a defendant to show they did not know and could not reasonably have been expected to know that the archaeological site was an archaeological site. This burden may limit the presumption of innocence. The Committee will write to the Minister seeking further information.

The Committee notes that clause 127(3) imposes requirements on a person to show certain things in order to make out a defence to ss. 127(1) or 127(2). This new section states:

Subsection (1) or (2) do not apply in relation to an archaeological site if the person did not know and could not reasonably have been expected to know that the archaeological site was an archaeological site.

The Committee’s practice note states that:

[T]he Statement of Compatibility (or explanatory material) for a provision that introduces… an exception to a criminal offence should state whether or not the exception places a legal onus on the accused… For exceptions that impose a legal onus on the accused without express words to that effect, the statement of compatibility may address whether or not the inclusion of express words would be a less restrictive alternative reasonably available to achieve the exception’s purpose.

The Statement of Compatibility does not indicate whether this section imposes a legal or an evidentiary burden.

The Committee will write to the Minister seeking further information as to whether clause 127 is compatible with the presumption of innocence.



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Owner Drivers and Forestry Contractors Amendment Bill 2016

Introduced 8 November 2016 Second Reading Speech 9 November 2016 House Legislative Assembly Member introducing Bill Hon Jacinta Allan MLA Minister responsible Hon Natalie Hutchins MLA Portfolio responsibility Minister for Industrial Relations

Purpose

The Bill would amend the Owner Drivers and Forestry Contractors Act 2005 in respect to certain industry councils and their membership.

Charter report

The Owner Drivers and Forestry Contractors Amendment Bill 2016 is compatible with the rights set out in the Charter of Human Rights and Responsibilities.



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Introduced 8 November 2016 Second Reading Speech 9 November 2016 House Legislative Assembly Member introducing Bill Hon Jacinta Allan MLA Minister responsible Hon Philip Dalidakis MLC Portfolio responsibility Minister for Small Business, Innovation and Trade

Purpose

The Bill would repeal and re‐enact with amendments certain provisions of the Small Business Commissioner Act 2003.

The Bill would:

establish the Small Business Commission (the Commission), constituted by the Small Business Commissioner, as the head of the Commission

amend the Commission’s functions and powers to enable it to:

o resolve a broader range of disputes between businesses and particular types of organisations, including professional associations, educational institutions, and certain special bodies within government

o comment on legislation that may adversely affect small business (when requested by the Minister and in consultation with the Secretary)

o collaborate with equivalent Small Business Commissioners in other jurisdictions.

Comment

Delegation of legislative power – Delayed commencement — Whether justified

Clause 2 of the Bill states that the Act would come into operation on a day or days to be proclaimed, with a default commencement date of 15 December 2017, which is more than 12 months after the date of the Bill’s introduction.

The Committee notes that there is no explanation for the possible delayed commencement of the Bill in the Explanatory Memorandum or Second Reading Speech.

Paragraph A (iii) of the Committee’s Practice Note provides that where a Bill (or part of a Bill) is subject to delayed commencement (i.e., more than 12 months after the Bill’s introduction) or to commencement by proclamation, the Committee expects Parliament to be provided with an explanation as to why this is necessary or desirable.

The Committee will write to the Minister to bring paragraph A (iii) of the Practice Note to the Minister’s attention and to request further information as to the reasons for the possible delayed commencement date.


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Charter report

The Small Business Commission Bill 2016 is compatible with the rights set out in the Charter of Human Rights and Responsibilities.


21 November 2016 Committee Room

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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.

Working with Children Amendment Bill 2016


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Append i x 2 I n d e x o f B i l l s i n 2 0 1 6

Alert Digest Nos.

Access to Medicinal Cannabis Bill 2015 1, 3 Alpine Resorts Legislation Amendment Bill 2016 13 Appropriation (2016‐2017) Bill 2016 6 Appropriation (Parliament 2016‐2017) Bill 2016 6 Assisted Reproductive Treatment Amendment Bill 2015 1 Bail Amendment Bill 2015 1 Births, Deaths and Marriages Registration Amendment Bill 2016 12, 13 Building Legislation Amendment (Consumer Protection) Bill 2015 1 Children Legislation Amendment Bill 2016 2 Child Wellbeing and Safety Amendment (Oversight and Enforcement of Child Safe Standards)

Bill 2016 13 Compensation Legislation Amendment Bill 2016 14 Confiscation and Other Matters Amendment Bill 2016 4, 5 Corrections Amendment (No body, no parole) Bill 2016 3, 4 Corrections Legislation Amendment Bill 2016 12 Creative Victoria Bill 2016 16 Crimes Amendment (Carjacking) Bill 2016 11 Crimes Amendment (Carjacking and Home Invasion) Bill 2016 12, 14 Crimes Amendment (Sexual Offences) Bill 2016 9, 10 Crimes Legislation Amendment Bill 2016 2 Crimes Legislation Further Amendment Bill 2016 15 Crown Land Legislation Amendment Bill 2015 8 Domestic Animals Amendment (Puppy Farms and Pet Shops) Bill 2016 14 Education and Training Reform Amendment (Miscellaneous) Bill 2016 5, 6 Energy Legislation Amendment (Feed‐in Tariffs and Improving Safety and Markets) Bill 2016 15 Environment Protection Amendment (Banning Plastic Bags, Packaging and Microbeads)

Bill 2016 10 Equal Opportunity Amendment (Equality for Students) Bill 2016 10, 11 Equal Opportunity Amendment (Religious Exceptions) Bill 2016 12, 13 Estate Agents Amendment (Underquoting) Bill 2016 12 Family Violence Reform Implementation Monitor Bill 2016 15 Fines Reform and Infringements Acts Amendment Bill 2016 3 Food Amendment (Kilojoule Labelling Scheme and Other Matters) Bill 2016 13, 14 Freedom of Information Amendment (Office of the Victorian Information Commissioner)

Bill 2016 10, 12 Gene Technology Amendment Bill 2015 1 Health Complaints Bill 2016 2, 3 Heritage Bill 2016 16 House Contracts Guarantee Bill 2016 4 Housing Amendment (Victorian Housing Register and Other Matters) Bill 2016 15 Infant Viability Bill 2015 6, 7 Integrity and Accountability Legislation Amendment (A Stronger System) Bill 2015 1 Judicial Commission of Victoria Bill 2015 1, 2 Justice legislation (Evidence and Other Acts) Amendment Bill 2016 6, 7 Land (Revocation of Reservations ‐ Metropolitan Land) Bill 2016 6


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Land (Revocation of Reservations ‐ Regional Victoria Land) Bill 2016 7 Legal Profession Uniform Law Application Amendment Bill 2016 9 Livestock Disease Control Amendment Bill 2016 5 Local Government Amendment Bill 2016 11 Local Government (Greater Geelong City Council) Act 2016 6, 7 Lord Mayor’s Charitable Foundation Bill 2016 13, 14 Medical Treatment Planning and Decisions Bill 2016 13, 14 Melbourne and Olympic Parks Amendment Bill 2016 11 Melbourne College of Divinity Amendment Bill 2016 9, 10 National Domestic Violence Order Scheme Bill 2016 11, 12 National Electricity (Victoria) Further Amendment Bill 2015 1 National Parks and Victorian Environmental Assessment Council Acts Amendment Bill 2016 8 Owner Drivers and Forestry Contractors Amendment Bill 2016 16 Owners Corporations Amendment (Short‐stay Accommodation) Bill 2016 8, 10 Parliamentary Budget Officer Bill 2016 3 Police and Justice Legislation Amendment (Miscellaneous) Bill 2016 11, 12 Powers of Attorney Amendment Bill 2016 9 Primary Industries Legislation Amendment Bill 2016 7, 8, 12 Public Administration Amendment (Public Sector Communication Standards) Bill 2016 6 Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Bill 2015 1, 2 Ridesharing Bill 2016 9 Road Legislation Amendment Bill 2015 3 Road Legislation Further Amendment Bill 2016 15 Road Management Amendment (Bus Stop Delivery Powers) Bill 2016 6 Rooming House Operators Bill 2015 1, 2 Rural Assistance Schemes Bill 2016 8 Sentencing (Community Correction Order) and Other Acts Amendment Bill 2016 14, 15 Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Bill 2016 5, 6 Sex Offenders Registration Amendment Bill 2016 3, 4 Small Business Commission Bill 2016 16 State Taxation Acts Further Amendment Bill 2016 14 State Taxation and Other Acts Amendment Bill 2016 7 Tobacco Amendment Bill 2016 8, 9 Traditional Owner Settlement Amendment Bill 2016 12, 13 Transparency in Government Bill 2015 1 Transport (Compliance and Miscellaneous) Amendment (Abolition of the Penalty Fares Scheme)

Bill 2016 14 Transport (Compliance and Miscellaneous) Amendment (Public Safety) Bill 2016 9 Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms)

Bill 2016 14 Treasury and Finance Legislation Amendment Bill 2016 4 Victoria Police Amendment (Merit‐based Transfer) Bill 2016 2 Victorian Fisheries Authority Bill 2016 13, 14 Victorian Funds Management Corporation Amendment Bill 2016 6, 8 Upholding Australian Values (Protecting Our Flags) Bill 2015 3 Witness Protection Amendment Bill 2016 5, 6 Working with Children Amendment Bill 2016 15, 16

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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

Crimes Amendment (Carjacking and Home Invasion) Bill 2016 12, 14 Sentencing (Community Correction Order) and Other Acts Amendment Bill 2016 14, 15

(iv) unduly requires or authorises acts or practices that may have an adverse effect on personal privacy within the meaning of the Privacy and Data Protection Act 2014

Judicial Commission of Victoria Bill 2015 1, 2

(v) unduly requires or authorises acts or practices that may have an adverse effect on privacy of health information within the meaning of the Health Records Act 2001

Judicial Commission of Victoria Bill 2015 1, 2

(vi) inappropriately delegates legislative power

Lord Mayor’s Charitable Foundation Bill 2016 13, 14 Medical Treatment Planning and Decisions Bill 2016 13, 14 Melbourne College of Divinity Amendment Bill 2016 9, 10 Owners Corporations Amendment (Short‐stay Accommodation) Bill 2016 8, 10 Small Business Commission Bill 2016 16 Traditional Owner Settlement Amendment Bill 2016 12, 13 Transport Integration Amendment (Head, Transport for Victoria and Other Governance

Reforms) Bill 2016 14 Victorian Funds Management Corporation Amendment Bill 2016 6, 8

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

Access to Medicinal Cannabis Bill 2015 1, 3 Assisted Reproductive Treatment Amendment Bill 2015 16 of 2015, 1 Bail Amendment Bill 2015 16 of 2015, 1 Births, Deaths and Marriages Registration Amendment Bill 2016 12, 13 Confiscation and Other Matters Amendment Bill 2016 4, 5 Crimes Amendment (Carjacking and Home Invasion) Bill 2016 12, 14 Crimes Amendment (Carjacking) Bill 2016 11 Crimes Amendment (Sexual Offences) Bill 2016 9, 10 Education and Training Reform Amendment (Miscellaneous) Bill 2016 5, 6 Equal Opportunity Amendment (Equality for Students) Bill 2016 10, 11


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Food Amendment (Kilojoule Labelling Scheme and Other Matters) Bill 2016 13, 14 Freedom of Information Amendment (Office of the Victorian Information Commissioner)

Bill 2016 10, 12 Health Complaints Bill 2016 2, 3 Heritage Bill 2016 16 Infant Viability Bill 2015 6, 7 Justice legislation (Evidence and Other Acts) Amendment Bill 2016 6, 7 Local Government (Greater Geelong City Council) Act 2016 6, 7 Medical Treatment Planning and Decisions Bill 2016 13, 14 National Domestic Violence Order Scheme Bill 2016 11, 12 Police and Justice Legislation Amendment (Miscellaneous) Bill 2016 11, 12 Primary Industries Legislation Amendment Bill 2016 7, 8 Primary Industries Legislation Amendment Bill 2016 (House Amendments) 12 Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Bill 2015 1, 2 Road Legislation Amendment Bill 2015 14 of 2015, 3 Rooming House Operators Bill 2015 1, 2 Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Bill 2016 5, 6 Tobacco Amendment Bill 2016 8, 9 Transport Integration Amendment (Head, Transport for Victoria and Other Governance

Reforms) Bill 2016 14 Upholding Australian Values (Protecting Our Flags) Bill 2016 3 Victorian Fisheries Authority Bill 2016 13, 14 Witness Protection Amendment Bill 2016 5, 6 Working with Children Amendment Bill 2016 15, 16

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Append i x 4 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 2 0 1 6

Table of correspondence between the Committee and Ministers or Members during 2016

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

Road Legislation Amendment Bill 2015

Roads and Road Safety 10.11.15 23.02.16

14 of 2015 3 of 2016

Assisted Reproductive Treatment Amendment Bill 2015

Health 08.12.15 05.02.16

16 of 2015 1 of 2016

Bail Amendment Bill 2015 Attorney‐General 08.12.15 24.12.15

16 of 2015 1 of 2016

Access to Medicinal Cannabis Bill 2015

Health 09.02.16 25.02.16

1 of 2016 3 of 2016

Judicial Commission of Victoria Bill 2015

Attorney‐General 09.02.16 22.02.16

1 of 2016 2 of 2016

Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Bill 2015

Racing 09.02.16 22.02.16

1 of 2016 2 of 2016

Rooming House Operators Bill 2015 Consumer Affairs, Gaming and Liquor Regulation

09.02.16 22.02.16

1 of 2016 2 of 2016

Health Complaints Bill 2016 Health 23.02.16 25.02.16

2 of 2016 3 of 2016

Corrections Amendment (No body, no parole) Bill 2016

Hon Edward O’Donohue MP 08.03.16 16.03.16

3 of 2016 4 of 2016

Sex Offenders Registration Amendment Bill 2016

Police 08.03.16 18.03.16

3 of 2016 4 of 2016

Upholding Australian Values (Protecting Our Flags) Bill 2015

Mr Daniel Young MP 08.03.16 3 of 2016

Confiscation and Other Matters Amendment Bill 2016


4 of 2016 5 of 2016

Education and Training Reform Amendment (Miscellaneous) Bill 2016

Education 12.04.16 02.05.16

5 of 2016 6 of 2016

Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Bill 2016

Corrections 12.04.16 29.04.16

5 of 2016 6 of 2016

Witness Protection Amendment Bill 2016

Police 12.04.16 29.04.16

5 of 2016 6 of 2016


20



Infant Viability Bill 2015 Dr Rachel Carling‐Jenkins MP 03.05.16 23.05.16

6 of 2016 7 of 2016

Justice legislation (Evidence and Other Acts) Amendment Bill 2016


6 of 2016 7 of 2016

Local Government (Greater Geelong City Council) Act 2016


6 of 2016 7 of 2016

Victorian Funds Management Corporation Amendment Bill 2016

Treasurer 03.05.16 31.05.16

6 of 2016 8 of 2016

Primary Industries Legislation Amendment Bill 2016

Agriculture 24.05.16 06.06.16

7 of 2016 8 of 2016

Owners Corporations Amendment (Short‐stay Accommodation) Bill 2016

Consumer Affairs, Gaming and Liquor Regulation

07.06.16 18.07.16

8 of 2016 10 of 2016

Tobacco Amendment Bill 2016 Health 07.06.16 16.06.16

8 of 2016 9 of 2016

Crimes Amendment (Sexual Offences) Bill 2016


9 of 2016 10 of 2016

Melbourne College of Divinity Amendment Bill 2016

Education 21.06.16 21.07.16

9 of 2016 10 of 2016

Equal Opportunity Amendment (Equality for Students) Bill 2016

Ms Sue Pennicuik MLC 16.08.16 29.08.16

10 of 2016 11 of 2016

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Bill 2016


10 of 2016 12 of 2016

Crimes Amendment (Carjacking) Bill 2016

Hon Edward O’Donohue MP 30.08.16 11 of 2016

National Domestic Violence Order Scheme Bill 2016


11 of 201612 of 2016

Police and Justice Legislation Amendment (Miscellaneous) Bill 2016

Police 30.08.16 09.09.16

11 of 201612 of 2016

Births, Deaths and Marriages Registration Amendment Bill 2016


12 of 201613 of 2016

Crimes Amendment (Carjacking and Home Invasion) Bill 2016


12 of 201614 of 2016

Primary Industries Legislation Amendment Bill 2016 (House Amendments)

Agriculture 13.09.16 12 of 2016

Traditional Owner Settlement Amendment Bill 2016


12 of 201613 of 2016


21



Food Amendment (Kilojoule Labelling Scheme and Other Matters) Bill 2016

Health 11.10.16 21.10.16

13 of 201614 of 2016

Lord Mayor’s Charitable Foundation Bill 2016

Health 11.10.16 21.10.16

13 of 201614 of 2016

Medical Treatment Planning and Decisions Bill 2016

Health 11.10.16 21.10.16

13 of 201614 of 2016

Victorian Fisheries Authority Bill 2016

Agriculture 11.10.16 21.10.16

13 of 201614 of 2016

Sentencing (Community Correction Order) and Other Acts Amendment Bill 2016


14 of 201615 of 2016

Transport Integration Amendment (Head, Transport for Victoria and Other Governance Reforms) Bill 2016

Public Transport 25.10.16 14 of 2016

Working with Children Amendment Bill 2016


15 of 201616 of 2016

Heritage Bill 2016 Planning 22.11.16 16 of 2016


Small Business, Innovation and Trade

22.11.16 16 of 2016

Documents

Alert Digest No 16 of 2016, 22 November 2016...Alert Digest No. 16 of 2016 Creative Victoria Bill 2016 1 ... recognise the important contribution to the arts by Aboriginal and Torres