Alert Digest 3 of 2006 - Parliament of Victoria · (Prohibition of Display and Sale of Cocaine...

No. 3 of 2006

Tuesday, 28 March 2006

On the

Disability Bill

Drugs, Poisons and Controlled Substances (Aged Care Services) Bill

Drugs, Poisons and Controlled Substances (Prohibition of Display and Sale of Cocaine Kits) Bill

Melbourne Sailors’ Home (Repeal) Bill

Road Safety (Drugs) Bill

Statute Law (Further Revision) Bill

Sustainable Forests (Timber) (Amendment) Bill

Valuation of Land (Amendment) Bill

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Table o f Contents

Page Nos.

Alert Digest No. 3 of 2006 Disability Bill 3 Drugs, Poisons and Controlled Substances (Aged Care Services) Bill 10 Drugs, Poisons and Controlled Substances (Prohibition of Display and Sale of

Cocaine Kits) Bill 11 Melbourne Sailors’ Home (Repeal) Bill 12 Road Safety (Drugs) Bill 13 Statute Law (Further Revision) Bill 14 Sustainable Forests (Timber) (Amendment) Bill 15 Valuation of Land (Amendment) Bill 16

Appendices 1 – Index of Bills in 2006 19 2 – Committee Comments classified by Terms of Reference 21 3 –Ministerial Correspondence 23

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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.

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) presented to the Parliament. The Committee does not make any comments on the policy aspects 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 operation 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.

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Terms of Reference

Parliamentary Committees Act 2003

17. Scrutiny of Acts and Regulations Committee

The functions of the Scrutiny of Acts and Regulations Committee 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 obligations dependent upon insufficiently defined

administrative powers; (iii) makes rights, freedoms or obligations dependent upon non-reviewable

administrative decisions; (iv) unduly requires or authorises acts or practices that may have an adverse

effect on personal privacy within the meaning of the Information Privacy Act 2000;

(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;

(vi) inappropriately delegates legislative power; (vii) insufficiently subjects the exercise of legislative power to parliamentary

scrutiny;

(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 section 85

of the Constitution Act 1975, or raises an issue as to the jurisdiction of the Supreme Court;

(ii) if a Bill repeals, alters or varies section 85 of the Constitution Act 1975, whether this is in all the circumstances appropriate and desirable;

(iii) if a Bill does not repeal, alter or vary section 85 of the Constitution Act 1975, but an issue is raised as to the jurisdiction of the Supreme Court, as to the full implications of that issue;

(c) to consider any Act that was not considered under paragraph (a) or (b) within 30 days immediately after the first appointment of members of the current Committee and to report to the Parliament with respect to that Act on any matter referred to in those paragraphs;

(d) the functions conferred on the Committee by the Subordinate Legislation Act 1994;

(e) the functions conferred on the Committee by the Environment Protection Act 1970;

(f) the functions conferred on the Committee by the Co-operative Schemes (Administrative Actions) Act 2001;

(g) to review any Act in accordance with the terms of reference under which the Act is referred to the Committee under this Act.

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The Committee has considered the following Bills– Disability Bill Drugs, Poisons and Controlled Substances (Aged Care Services) Bill Drugs, Poisons and Controlled Substances (Prohibition of Display and Sale of Cocaine

Kits) Bill Melbourne Sailors’ Home (Repeal) Bill Road Safety (Drugs) Bill Statute Law (Further Revision) Bill Sustainable Forests (Timber) (Amendment) Bill Valuation of Land (Amendment) Bill

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Summary o f Comments

Disability Bill

[2]

Commencement in excess of 1 year from date of Royal Assent

The Committee notes the reasons given by the Minister to justify a delayed commencement. The Committee accepts that a delayed commencement up to 1 July 2007 is justified in the circumstances.


[3]

The Committee has reviewed the retrospective amendments in its separate report to Parliament on this Bill and considers that these retrospective amendments do not affect any substantive rights that would render their inclusion in a Statute Law Revision Bill inappropriate.


[2]

Part 2 – Commencement by proclamation exceeding one year from Royal Assent

As the proclamation period exceeds the Committee’s one year rule (refer to Practice Note No.1) the Committee will seek further advice from the Minister concerning the necessity or desirability to have a longer commencement by proclamation period.

Pending the Minister’s response the Committee draws attention to the provision.

Scrutiny of Acts and Regulations Committee

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Aler t D igest No . 3 o f 2006

Disability Bill

Introduced 28 February 2006 Second Reading Speech 1 March 2006 House Legislative Assembly Minister introducing Bill Hon. Sherryl Garbutt MLA Portfolio responsibility Minister for Community Services and Minister for Health

Purpose

The Bill enacts a new legislative scheme for persons with a disability which reaffirms and strengthens their rights and responsibilities and which is based on the recognition that this requires support across the government sector and within the community.

Content and Committee comment

[Clauses]

[2]. Sections 1 and 2 come into operation on the day after Royal Assent and the remaining provisions come into operation on a day or days to be proclaimed or 1 July 2007, whichever is sooner.

The Committee notes this extract from the Second Reading Speech –

In order to ensure a successful transition to the new legislation, the Act will commence on 1 July 2007 or an earlier date to be proclaimed. This is because the changes required to implement the new legislation are substantial.

The supporting documentation regarding technical and operational matters, establishment of the Disability Services Commissioner and Senior Practitioner, information and education for people with a disability, their families and carers, and disability providers will require a considerable implementation time.

Commencement in excess of 1 year from date of Royal Assent

The Committee notes the reasons given by the Minister to justify a delayed commencement. The Committee accepts that a delayed commencement up to 1 July 2007 is justified in the circumstances.

Rights and responsibilities

[4 to 5]. States the objectives of the Bill and the principles that apply, wherever possible, in the administration of the Bill. In particular, the primary principle is that persons with a disability have the same rights and responsibilities as other members of the community and should be empowered to exercise those rights and responsibilities.


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[6]. States principles specifically applicable to persons with an intellectual disability. These principles apply in addition to those contained in clause 5 and they reflect principles contained in the Intellectually Disabled Persons' Services Act 1986.

[7]. Requires any advice, notice or information to be provided to a person with a disability in a manner most likely to be understood by that person.

[8]. Describes the role and functions of the Secretary of the Department of Human Services.

Victorian Disability Advisory Council

[11]. Establishes the Victorian Disability Advisory Council and provides for its composition. The Council already exists as an administrative body and the provision enshrines its existence in legislation.

Disability Services Commissioner (‘the Commissioner’)

[14]. Establishes the position of the Disability Services Commissioner and provides for the terms of appointment.

[19]. Requires the Commissioner to include in an annual report under Part 7 of the Financial Management Act 1994 information about the number, type and outcome of complaints and any other information specified by the Minister in writing. Part 7 of the Financial Management Act 1994 requires a "public body" to maintain accounts, to annually complete an operations report and financial statement and to table these reports in Parliament.

The clause authorises the Disability Services Commissioner to name in a report any disability service provider who has unreasonably failed to take action specified by the Commissioner under Division 6 of Part 6. Before naming the disability services provider, the Commissioner must notify the disability service provider and provide them with the opportunity to object to be being named.

Disability Services Board

[20]. Establishes the Disability Services Board comprising 11 persons appointed by the Minister.

Senior Practitioner

[23]. Establishes the position of the Senior Practitioner, to be appointed by the Secretary in accordance with the Public Administration Act 2004. The Secretary may only appoint a person who has, in the opinion of the Secretary, appropriate clinical qualifications and experience. The role of the Senior Practitioner is, subject to the general direction and control of the Secretary, to ensure the rights of persons who are subject to restrictive interventions and compulsory treatment under Part 7 and Part 8 of the Bill are protected. The Senior Practitioner is required to monitor compliance with standards in relation to restrictive interventions and compulsory treatment.

[24]. States the functions of the Senior Practitioner. It is intended that the Senior Practitioner will fulfil a monitoring role and, in relation to restrictive interventions and compulsory treatment, will develop guidelines and standards, provide education and information to disability service providers and advise on improvements in their practices, provide information relating to the rights of persons with a disability subject to the use of restrictive interventions and compulsory treatment, give directions in relation to restrictive interventions, compulsory treatment, behaviour management plans and treatment plans, develop links with

Alert Digest No. 3 of 2006

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professionals, professional bodies and academic institutions, undertake research and evaluate and monitor the use of restrictive interventions.

[25]. Authorises the Senior Practitioner to delegate any power, duty or functions to a person employed in the Department of Human Services under part 3 of the Public Administration Act 2004. The power of delegation does not extend to the power to delegate or the exercise of any power conferred on the Senior Practitioner by clause 199.

[27]. Provides the Senior Practitioner with powers to visit and inspect any premises where disability services are being provided (except for private residences) and in relation to restrictive interventions and compulsory treatment, see any person, investigate, audit and monitor their use, inspect and make copies of or take extracts from any documents relating to a person subject to any restrictive intervention or compulsory treatment, see any person involved in the development, implementation or authorisation of any restrictive intervention or compulsory treatment, request information from a disability service provider and authorise a disability service provider to use a restrictive intervention.

The Senior Practitioner may give a disability service provider a written order directing them to discontinue or alter a practice, procedure or treatment, to observe or carry out a practice, procedure or treatment, to provide a practice, procedure or treatment or a particular practice, procedure or treatment to a person with a disability.

Community visitors

[28 to 30]. Authorises the Governor in Council to appoint community visitors for particular regions on the recommendation of the Public Advocate and states the functions of a community visitor as being to visit any premises in a relevant region where a disability service provider is providing residential services in order to inquire into the matters specified in the Bill.

Registration of disability services

[40 to 44]. Allows a person to apply to the Secretary for registration as a disability service provider. A person can also apply on behalf of an unincorporated body. The Secretary may register a person or unincorporated body as a disability service provider and impose any conditions or restrictions considered appropriate. The provisions also deal with renewal and revocation of registration.

[45]. Creates a right of review in the Victorian Civil and Administrative Tribunal for a provider whose registration or renewal of registration has been refused or whose registration has been revoked.

[49]. Gives people with a disability the right to seek services directly from a disability service provider without necessarily having to undergo an assessment of their disability. However, the disability service provider can seek information or require the person to undergo an assessment.

[50]. Allows a person to request the Secretary to decide whether they have a disability if a provider has refused to provide services.

Residential services

[56]. States the purpose of Part 5 of the Bill is to create specific rights for persons residing in residential services and to impose obligations upon disability service providers who provide residential services. The intention is to exclude the operation of the Residential Tenancies Act 1997 and to create a stand-alone scheme in relation to residential services.


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[57]. Requires a disability service provider providing residential services to provide a residential statement to a person with a disability when they commence residence. A copy must also be given to the resident's guardian or administrator.

[58]. States the duties of a disability service provider providing residential services. In particular, some of the key duties are to take reasonable measures to ensure residents are treated with dignity and respect and that due regard is paid to their right to privacy, to maintain premises in good repair, not unreasonably limit or interfere with a resident's access to their room, bathroom or other common area and to not unreasonably interfere with a resident's right to privacy or proper use and enjoyment of the premises.

[59]. States the duties of a resident.

[60]. Entry to a resident’s room – Governs the ability of a disability service provider to enter a resident's room, after giving 24 hours notice in order to undertake refurbishment, maintenance or repairs, to show the room to a prospective resident, to show the room to a prospective buyer or lender or for valuation or insurance purposes.

Entry without notice – A disability service provider can enter a resident's room without giving prior notice only if the resident agrees, there is an emergency, the entry is necessary to protect the health or safety of the resident or any other person on the premises, the provider believes on reasonable grounds that the resident has abandoned the room, to effect urgent repairs, to provide support services or to provide support as specified in the resident's support plan or to implement a behaviour management plan or treatment plan.

[71]. Provides that a resident who disputes a notice of increase in the residential charge may apply to the Victorian Civil and Administrative Tribunal for a review of the decision to issue a notice of increase within 28 days of the notice.

[76]. Provides that a disability service provider may give a resident a notice to vacate a community residential unit on the basis of one or more specified grounds. The provision requires the provider to give 28, 60 or 120 days notice dependant upon the grounds for the notice. The notice must specify certain relevant information and be properly signed by the provider. In addition, a provider must notify the Secretary and the Public Advocate of the details of a notice within 24 hours of the issuing of the notice.

[82]. Allows a resident to apply to the Victorian Civil and Administrative Tribunal for the review of a notice to vacate.

[83]. States that a disability service provider may apply to the Victorian Civil and Administrative Tribunal for a possession order for a room where a notice of temporary relocation or a notice to vacate has been given.

[104]. Requires disability service providers to institute a complaints resolution system.

[106]. Imposes a duty upon disability service providers to take all reasonable steps to ensure a person with a disability is not adversely affected by the making of a complaint.

Complaints to the Commissioner

[109]. Provides that a complaint to the Commissioner can be made if it arises out of the provision of a disability service or is that a disability service provider has not properly investigated or taken proper action in relation to a complaint made to that provider.

[118]. Provides the Commissioner with the power to investigate complaints that are not suitable for conciliation or where conciliation has failed and further action is required.


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[121]. Imposes a duty on the Commissioner to stop dealing with an issue raised in a complaint in certain circumstances where legal proceedings have been taken or a court or tribunal should properly deal with the issue.

In the event that legal proceedings have been withdrawn, the Commissioner may be requested to re-open the complaint.

[122]. The Commissioner has powers to compel attendance and call for evidence or documents.

[123]. Privileges preserved – Prevents the Commissioner from exercising the powers under clause 122 while a complaint is being conciliated. It is also provided that clause 122 and the application of the Evidence Act 1958 do not prevent a person from refusing to answer a question or produce a document on the basis of legal professional privilege or because the answer would tend to incriminate the person.

[124]. Warrants – The Commissioner may apply to a magistrate for a warrant in respect of premises. The clause prescribes the form of the application, the form of the warrant if issued, the effect of a warrant, reporting to the issuing magistrate and when a warrant ceases to have effect. Privileges preserved – A person is entitled to refuse to answer a question or produce a document on the basis of legal professional privilege or because the answer would tend to incriminate the person.

[126]. Vilification unlawful – Creates an offence where a person uses threats or intimidation to persuade another person not to make a complaint or not to continue with the process of making a complaint or refuses to employ a person or dismisses a person or subjects another person to any detriment because they intend to make a complaint or intend to participate in or are participating in any discussions or proceedings before the Commissioner.

[127]. Protection of Commissioner – Applies section 21A of the Evidence Act 1958 to conciliation, investigation and inquiry proceedings undertaken by the Commissioner. The provision confers upon the Commissioner or delegate the same privileges and immunities that would apply to an act done or in relation to or arising out of an action in the Supreme Court.

[129 and 130]. Provides that a community visitor may visit a premises where residential services are being provided by a disability service provider. Sub-clause (2) requires residential institutions to be visited by a community visitor at least once every month and sub-clause (3) allows the Minister to direct a community visitor to visit a premises and states the powers of a community visitor when conducting a visit.

[131]. Provides that any resident in a residential service or a person on their behalf can request the disability service provider to arrange to be seen by a community visitor.

Restrictive interventions

[134]. Creates an offence punishable by up to 240 penalty units where a disability service provider uses a restrictive intervention without an approval under clause 135.

[135 and 136]. Provides that a disability service provider proposing to use restrictive interventions must apply to the Secretary for approval and must nominate a person to be the Authorised Program Officer and provides for the revocation of an approval.

[138]. Allows a disability service provider to seek the review in the Victorian Civil and Administrative Tribunal of a decision to refuse approval or to revoke approval.


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[140]. Governs the use of restraint or seclusion and limits their use to situations where it is necessary to prevent a person harming themselves or others or to prevent a person from destroying property where there is also the risk of harm to themselves or another. The use must be the least restrictive in the circumstances and must be included in and be in accordance with a person's behaviour management plan and can only be used for the period authorised by the Authorised Program Officer. Any requirements imposed by the Senior Practitioner must be observed.

Rights of a secluded person – Where a person is secluded, they are entitled to be provided with appropriate bedding and clothing, food and drink, adequate toilet arrangements and access to adequate heating or cooling.

[143]. Independent person must explain inclusion in plan of use of restrain and or seclusion – Requires a disability service provider to ensure the availability of an independent person to explain to the person the inclusion of restraint or seclusion in the plan, the review requirements and how a proposed plan differs from an existing plan.

The provision authorises the independent person to make a report to the Public Advocate if they believe the person cannot understand the inclusion of restraint or seclusion and they believe Part 7 is not being complied with. The Bill prevents an independent person from being associated with a disability service provider or to have any interest in the service being provided.

The person with a disability can request the appointment of another independent person.

[144]. States the Public Advocate, having received a report under clause 143, has the power to refer the matter to the Senior Practitioner or initiate an application for review with the Victorian Civil and Administrative Tribunal.

[146]. Governs the review of the inclusion of restraint or seclusion in a behaviour management plan by the Victorian Civil and Administrative Tribunal.

[147]. Emergency use of restraint and/ or seclusion – Provides for the use of restraint or seclusion in an emergency.

Compulsory treatment

[152]. States a person can only be admitted to a residential treatment facility if the Secretary is satisfied the person has an intellectual disability, presents a serious risk of violence to another, all less restrictive options have been tried, the facility can provide services, the Senior Practitioner has been notified and a relevant order applies to the person.

[156]. Provides for leave of absences from a residential treatment facility.

[157 and 158]. Provides for special leave (and suspension of such leave) from a residential treatment facility. It is intended special leave will apply to one-off or emergency situations that cannot be properly planned and incorporated in a treatment plan.

[160]. Provides that a resident absent without leave may be apprehended at any time and returned to the facility by a member of the police or the person in charge of the residential treatment facility or a person employed under the Public Administration Act 2004.

[162]. Provides for extended leave from a residential treatment facility by a person subject to a residential treatment order. Leave cannot exceed 12 months and can be subject to conditions specified by the court that made the order.


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[163]. Provides for an appeal to the County Court or Court of Appeal against a refusal to grant extended leave.

[166]. Governs the transfer by the Secretary of the Department of Justice of a person with an intellectual disability from prison to a residential treatment facility or residential institution as a security resident.

[170 and 171]. Provides for leave and special leave of absences by a security resident. It is intended that special leave will only apply to one-off or emergency situations that cannot be properly planned and incorporated in a treatment plan.

[174]. Provides that a security resident absent without leave may be apprehended at any time and returned to the facility by a member of the police or the person in charge of the residential treatment facility or a person employed under the Public Administration Act 2004.

[176]. Requires the person in charge of the residential treatment facility or residential institution to notify the Secretary of the Department of Justice if a security resident dies during detention and the circumstances of their death.

[180]. Governs the transfer by the Secretary of the Department of Justice of a person with an intellectual disability detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to a residential treatment facility or residential institution as a forensic resident.

[183 to 201]. Supervised Treatment Orders – A disability service provider proposing to use supervised treatment must apply to the Secretary for approval and must nominate a person to be the Authorised Program Officer. It is an offence to use supervised treatment without approval. The service provider may seek a review by VCAT of a decision to refuse approval or to revoke approval to use supervised treatment. A person subject to a supervised treatment order absent without approval may be apprehended at any time and returned to the residential service by a member of the police or the person in charge of the residential service or a person employed by the disability service provider providing the service who is authorised by the provider.

Privilege against self-incrimination and legal professional privilege

[214]. Declares that the privilege against self-incrimination is retained in relation to an offence under the Bill and [215] declares that the privilege of legal professional privilege also applies in relation to an offence under the Bill.

[222]. Repeals the Intellectually Disabled Persons' Services Act 1986, the Intellectually Disabled Persons' Services (Trust Money) Act 1992, the Intellectually Disabled Persons' Services (Amendment) Act 1994 and the Disability Services Act 1991.

The Committee makes no further comment.


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Drugs, Poisons and Controlled Substances (Aged Care Services) Bill

Introduced 28 February 2006 Second Reading Speech 1 March 2006 House Legislative Assembly Minister introducing Bill Hon. Bronwyn Pike MLA Portfolio responsibility Minister for Health

Purpose

The main purpose of this Bill is to amend the Drugs, Poisons and Controlled Substances Act 1981 (the ‘Act’) to make provision for the management of the administration of medication to residents receiving high level residential care in an aged care service.

The Committee notes these extracts from the Second Reading Speech –

This Bill extends the coverage of the State government's regulation of medication in Commonwealth funded and regulated residential aged care facilities to provide protection to all high-care aged care residents, rather than just high-care residents in nursing homes as is currently the case. This will ensure that the drugs, poisons and controlled substances laws remain relevant to the new and emerging environment in residential aged care, where the barriers between 'nursing homes' and 'hostels' are breaking down. It is proposed for the first time that all high-care residents will have their medication administration professionally supervised regardless of the type of aged care facility they reside in.

…

The Bill also amends the Nurses Act 1993 to create an offence of directing or inciting unprofessional conduct, so that nurses will not be impeded in their role under the new arrangements.


[Clauses]

[2]. The provisions in the Bill come into operation on 30 May 2006.

[4]. Inserts a new Division 10A into the Act.

Section 36E places an obligation on the approved provider of an aged care service to ensure that a nurse manages the administration of medication that has been prescribed for a resident receiving high level residential care to that resident.

Section 36F provides that a nurse who manages the administration of medication under section 36E must do so in accordance with the relevant code for guidance issued by the Nurses Board under the Nurses Act 1993.

[6]. Inserts a new section 63AA into the Nurses Act 1993 that makes it an offence for a person to direct or incite a nurse to do anything that would constitute unprofessional conduct or professional misconduct.



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Drugs, Poisons and Controlled Substances (Prohibition of Display and Sale of Cocaine Kits) Bill

Introduced 28 February 2006 Second Reading Speech 1 March 2006 House Legislative Assembly Minister introducing Bill Hon. Bronwyn Pike MLA Portfolio responsibility Minister for Health

Purpose

This Bill amends the Drugs, Poisons and Controlled Substances Act 1981 (the ‘Act’) by introducing a new Part VA into the Act which creates new offences to display or sell a cocaine kit. The Bill also includes enforcement provisions relating to the new offences and makes an amendment providing for offences committed by bodies corporate.


[Clauses]

[2]. The provisions in the Bill come into force on the day after Royal Assent.

[3]. Inserts a new Part VA into the Act which provides for the prohibition of the display and sale of cocaine kits. New section 80A defines a cocaine kit for the purposes of the new Part.

New section 80B creates an offence to display a cocaine kit in a retail outlet. A retail outlet is defined to include markets as well as shops.

New section 80C creates an offence to sell a cocaine kit if the person selling the cocaine kit knows or is reckless as to whether the cocaine kit is sold for the purpose of preparing for introduction, or for introducing, cocaine into the body or person.

New sections 80D to 80E provides that a member of the police force may seize and retain a cocaine kit if he or she has reasonable grounds for suspecting that the kit is displayed or sold in contravention of section 80B or 80C. The kit may be retained by the police for up to 3 months or a longer period ordered by the Magistrates' Court.

New section 80F sets out the circumstances in which the Magistrates' Court may order that a cocaine kit seized by the police may be retained for longer than 3 months.

New sections 80G and 80H set out the circumstances in which seized cocaine kits may be forfeited to the Crown and, if appropriate, destroyed.



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Melbourne Sailors’ Home (Repeal) Bill

Introduced 28 February 2006 Second Reading Speech 1 March 2006 House Legislative Assembly Minister introducing Bill Hon. Sherryl Garbutt MLA Portfolio responsibility Minister for Community Services

Purpose

The Bill repeals the Melbourne Sailors' Home Act 1986 to close the Sailors' Welfare Fund established under that Act and transfer all money standing to the credit of the Fund to the Consolidated Fund.


The Sailor's Welfare Fund was established by statute in 1986 as a way of redirecting the State's share of the proceeds from the sale of the Melbourne Sailors Home in 1964.

This occurred under the auspice of the Melbourne Sailors' Home Act 1986.

The fund was intended to allow the Minister to make payments to promote the welfare of sailors and people working in the Victorian fishing or maritime industries.

Only three payments have ever been made from the fund between 1989 and 1991. These three payments totalled $84,000, leaving a residual of approximately $350,000 in the fund at the end of December 2005.

For the past 15 years the only transactions involving the fund relate to interest received from Treasury Corporation Victoria.

To enable the government to use these funds productively for the welfare and benefit of the Victorian community it is proposed that the Melbourne Sailors' Home Act 1986 be repealed and that the Sailors Welfare Fund be closed.

Since the funds were originally set aside to promote the welfare of seafarers and others from the maritime industry, the funds should be used in a way that is consistent with the purposes of the fund.


[Clauses]

[2]. The provisions in the Bill come into operation on a day to be proclaimed but not later than by 1 July 2006.

[3]. Repeals the Melbourne Sailors' Home Act 1986.

[4]. Closes the Sailors' Welfare Fund and requires all money standing to the credit of the Fund to be paid into the Consolidated Fund.



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Road Safety (Drugs) Bill

Introduced 28 February 2006 Second Reading Speech 1 March 2006 House Legislative Assembly Minister introducing Bill Hon. Sherryl Garbutt MLA Minister responsible Hon. Peter Batchelor MLA Portfolio responsibility Minister for Transport

Purpose

The Bill —

• removes the 1 July 2006 sunset on the random drug testing program so that the program will continue on an ongoing basis; and

• includes "ecstasy" in the random drug testing program; and

• facilitates the implementation in Victoria of a new national system for registration charges for heavy vehicles.


[Clauses]

[2]. The provisions in the Bill commence on Royal Assent or 1 July 2006. Section 3 comes into operation by proclamation but not later than by 1 September 2006.

[3]. Amends the definition of "prescribed illicit drug" in section 3(1) of the Road Safety Act 1986 to include the drug commonly referred to as "ecstasy".

The Committee notes this extract from the explanatory memorandum –

Provisions of the Road Safety Act 1986 that currently apply to "prescribed illicit drugs" will be extended to "ecstasy" in addition to "cannabis" (THC) and methylamphetamine (sometimes called "speed").

[6]. Repeals section 23 (the sunset provision) of the Road Safety (Drug Driving) Act 2003 and certain other provisions of that Act relating to the sunsetting of the random drug test provisions of the Road Safety Act 1986, with effect from the day following Royal Assent.



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Introduced 28 February 2006 Second Reading Speech 1 March 2006 House Legislative Assembly Minister introducing Bill Hon. Steve Bracks MLA Portfolio responsibility Premier

Purpose

The purpose of this Bill is to revise further the Statute Law of Victoria. The Bill makes minor amendments to a number of Acts to correct grammatical and typographical errors, to update references and for other similar purposes. The Bill will also repeal a number of spent Acts and spent provisions of Acts.


[Clauses]

[2]. Other than the items which have retrospective commencement the provisions come into operation on the day after Royal Assent. The items in Schedule 1 have retrospective effect on the dates listed.

(a) item 1 on 5 August 2004; (b) item 2 on 22 June 2004; (c) item 3 on 30 November 2005;(d) item 4 on 8 December 2005; (e) item 10 on 10 August 2005; (f) item 14.5 on 7 December 2005; (g) item 17 on 14 December 2004; (h) item 21 on 12 October 2004; (i) item 27 on 20 September 2005; (j) item 31 on 13 May 2003; (k) item 35 on 22 November 2005; (l) item 40 on 13 September 2005.

[3]. Provides for the Acts listed in Schedule 1 to be amended as set out in that Schedule.

The Committee has reviewed the retrospective amendments in its separate report to Parliament on this Bill and considers that these retrospective amendments do not affect any substantive rights that would render their inclusion in a Statute Law Revision Bill inappropriate.

[4]. Provides for the Acts listed in Schedule 2 to be repealed.


The redundant Acts consist of a number of spent appropriation Acts and other redundant principal Acts, including the Inscribed Stock Judgments Act 1900, Stock and Debentures Registers Act 1905, Commonwealth and States Financial Agreement Act 1934, Commonwealth and States Financial Agreement Act 1944 and Horse Breeding (Repeal) Act 1975, all of which have no further function and should be repealed from the statute book to ensure that the statute book is updated and relevant to the Victorian community.



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Sustainable Forests (Timber) (Amendment) Bill

Introduced 28 February 2006 Second Reading Speech 1 March 2006 House Legislative Assembly Minister introducing Bill Hon. John Thwaites MLA Portfolio responsibility Minister for Environment

Purpose

The Bill amends the Sustainable Forests (Timber) Act 2004 (the ‘Act’) so that timber harvesting licences in the west of the State do not transfer to VicForests for management.


The purpose of this Bill is to provide for the continued management of the remaining sawlog and pulpwood licences in the west of Victoria by the Secretary of the Department of Sustainability and Environment.

Currently, the Sustainable Forests (Timber) Act 2004 provides that sawlog and pulpwood licences in the west of Victoria are to be transferred to VicForests for management by 1 July 2006 until their expiry.


[Clauses]

[2]. The provisions in the Bill come into force on the day after Royal Assent.

[3]. Repeals section 2(3) of the Act which provides for the commencement of those provisions of the Act providing for the transfer of timber harvesting licences in the west of the State to VicForests.

[5]. Repeals the substantive provisions of the Sustainable Forests (Timber) Act 2004 that provide for the transfer of timber harvesting licences in the west of the State to VicForests. With the repeal of these provisions, timber harvesting licences in the west of the State will continue to be managed by the Secretary of the Department of Sustainability and Environment until their expiry.

[6]. Repeals the now redundant Forests (Dunstan Agreement) Act 1987.



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Introduced 28 February 2006 Second Reading Speech 1 March 2006 House Legislative Assembly Minister introducing Bill Hon. Rob Hulls MLA Portfolio responsibility Attorney-General and Minister for Planning

Purpose

The Bill amends the Valuation of Land Act 1960 (the ‘Act’) to enhance the objection, review and appeal processes and require the Valuer-General to certify all supplementary valuations. The Bill also makes consequential amendments to the Victorian Civil and Administrative Tribunal Act 1998.


The Bill will amend the Valuation of Land Act 1960 by –

• introducing improvements to information exchange during the objection process;

• improving an objector's rights to seek a review; and

• strengthening the role of the Valuer-General in the objection process.

The Bill does not change the basis under which municipal valuations are made but provides an enhanced valuation objection and review process. The Bill will not cause any increase in site value or land tax.


[Clauses]

[2]. Parts 1 and 3 commence on 1 July 2006. Part 2 (Exchange of information on certain objections) commences on proclamation or 1 July 2007, whichever is earlier.

Part 2 – Commencement by proclamation exceeding one year from Royal Assent

As the proclamation period exceeds the Committee’s one year rule (refer to Practice Note No.1) the Committee will seek further advice from the Minister concerning the necessity or desirability to have a longer commencement by proclamation period.

Pending the Minister’s response the Committee draws attention to the provision.

[Part 2]. Prescribes the exchange of information between a rating authority valuer and an objector for certain categories of property.

[6]. Inserts a new section 20 and substitutes section 21 in the Act and provides for the exchange of information on certain objections.

[Part 3]. Sets out general amendments to the Act, a consequential amendment to the VCAT Act and a minor amendment to the County Court Act 1958. The major amendments comprise clarification of dates for revaluations; certification of supplementary valuations by the Valuer-


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General; clarification of objection periods; applications to VCAT and the Supreme Court and cost order considerations.

[11]. Sets out the requirement for supplementary valuations to be certified by the Valuer-General before other rating authorities can use them.

[16]. Substitutes a new Division 4 in Part III of the Act dealing with reviews by VCAT, appeals to the Supreme Court; grounds for review; appeal and costs.


Committee Room 27 March 2006


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Appendix 1 Index o f B i l l s in 2006

Alert Digest No.

Building and Construction Industry Security of Payment (Amendment) Bill.............................2 Crimes (Document Destruction) Bill...........................................................................................1 Crimes (Family Violence)(Holding Powers) Bill........................................................................1 Crimes (Sexual Offences) Bill.....................................................................................................1 Disability Bill ..............................................................................................................................3 Drugs, Poisons and Controlled Substances (Aged Care Services) Bill .......................................3 Drugs, Poisons and Controlled Substances (Prohibition of Display and Sale of

Cocaine Kits) Bill ................................................................................................................3 Drugs, Poisons and Controlled Substances (Volatile Substances) (Extension of .........................

Provisions) Bill ....................................................................................................................2 Education and Training Reform Bill ...........................................................................................2 Guardianship and Administration (Further Amendment) Bill.....................................................1 Infringements Bill........................................................................................................................1 Interpretation of Legislation (Further Amendment) Bill .............................................................2 Justice Legislation (Miscellaneous Amendments) Bill ...............................................................1 Land (St Kilda Triangle) Bill ......................................................................................................2 Liquor Control Reform (Amendment) Bill .................................................................................1 Melbourne Sailors’ Home (Repeal) Bill......................................................................................3 National Parks (Otways and Other Amendments) Bill................................................................2 Public Sector Employment (Award Entitlements) Bill ...............................................................2 Retail Leases (Amendment) Bill .................................................................................................2 Road Safety (Drugs) Bill .............................................................................................................3 Statute Law (Further Revision) Bill ............................................................................................3 Sustainable Forests (Timber) (Amendment) Bill ........................................................................3 Terrorism (Community Protection) (Amendment) Bill...........................................................1, 2 Transport Legislation (Safety Investigations) Bill ......................................................................1 Valuation of Land (Amendment) Bill .........................................................................................3


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Appendix 2 C o m m i t t e e C o m m e n t s c l a s s i f i e d

by Te rms o f Re fe rence

Alert Digest Nos. Section 17(a)

(i) trespasses unduly upon rights and freedoms

Crimes (Sexual Offences) Bill 1 Terrorism (Community Protection) (Amendment) Bill 1

(ii) makes rights, freedoms or obligations dependent upon insufficiently defined administrative powers

(iii) makes rights, freedoms or obligations dependent upon non-reviewable administrative decisions

(vi) inappropriately delegates legislative power

Building and Construction Industry Security of Payment (Amendment) Bill 2 Valuation of Land (Amendment) Bill 3

(vii) insufficiently subjects the exercise of legislative power to parliamentary scrutiny.

Terrorism (Community Protection) (Amendment) Bill 1

Section 17(b)

(i) and (ii) as to whether a Bill directly or indirectly repeals, alters or varies section of the Constitution Act 1975, or raises an issue as to the jurisdiction of the Supreme Court.

Building and Construction Industry Security of Payment (Amendment) Bill 2 Education and Training Reform Bill 2 Terrorism (Community Protection) (Amendment) Bill 1

(iii) if a Bill does not repeal, alter or vary section 85 of the Constitution Act 1975, but an issue is raised as to the jurisdiction of the Supreme Court, as to the full implications of that issue.


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Appendix 3 Min is ter ia l Cor respondence

Table of correspondence between the Committee and Ministers during 2006

Bill Title Minister/ Member Date of Committee

Letter

Date of Minister's Response

Issue Raised in Alert Digest

No.

Response Published in

Alert Digest No.

National Parks (Otways and Other Amendments) Bill Environment 19.7.05 8 of 2005 Retail Leases (Amendment) Bill Small Business 18.10.05 9.2.06 12 of 2005 2 of 2006 Transport Legislation (Safety Investigations) Bill Transport 18.10.05 12.12.05 12 of 2005 1 of 2006 Crimes (Family Violence) (Holding Powers) Bill Attorney-General 15.11.05 1.2.06 13 of 2005 1 of 2006 Terrorism (Community Protection) (Amendment) Bill Premier 7.2.06 9.2.06 1 of 2006 2 of 2006 Building and Construction Industry Security of Payment (Amendment) Bill

Planning 28.2.06 2 of 2006

Valuation of Land (Amendment) Bill Attorney-General Planning

28.3.06 3 of 2006

Alert Digest 3 of 2006 - Parliament of Victoria · (Prohibition of Display and Sale of Cocaine...

Documents

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