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Regulatory Legislation Amendment (Reform) Bill 2021
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Part 1—Preliminary
Clause 1 sets out the purposes of the Bill. The Bill—
• makes minor amendments to the Child Wellbeing and Safety Act 2005;
• makes minor amendments to the Children's Services Act 1996;
• makes minor amendments to the Education and Care Services National Law Act 2010;
• amends the Education and Training Reform Act 2006 in relation to teacher registration and provides for the jurisdiction of the Accident Compensation Conciliation Service to arbitrate disputes concerning compensation for volunteer school workers;
• amends the Electoral Act 2002 in relation to the processing of early votes, the process for recounts to be announced, the distribution of applications to vote by post, the display of signs at a voting centre, and the display of mobile billboards;
• amends the Electoral Boundaries Commission Act 1982 in relation to the publication and display of the boundaries of proposed electoral regions and other provisions, and repeals certain provisions in that Act;
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• amends the Financial Management Act 1994 to provide for fee relief in emergencies where there is financial hardship or special circumstances;
• amends the Housing Act 1983 in relation to the timeframes for, and certification of, certain reporting requirements;
• makes minor amendments to the Industrial Relations Legislation Amendment Act 2021;
• amends the Interpretation of Legislation Act 1984 to provide for requirements in legislation to publish notices in print newspapers to be satisfied by publication on an approved website or other platform;
• amends the Local Government Act 2020 in relation to attendance and participation in meetings of local Councils delegated committees of local Councils, and governing bodies of regional libraries;
• amends the Parliamentary Committees Act 2003 in relation to meetings of a Joint Investigatory Committee;
• amends the Pharmacy Regulation Act 2010 to provide for applications for late renewals of licences and registration, and to provide for virtual inspections, meetings of the Victorian Pharmacy Authority, and panel hearings; and
• amends the Tobacco Act 1987 in relation to the appointment of inspectors, and the enforcement of that Act;
• amends the Essential Services Commission Act 2001 in relation to delegation powers;
• makes minor and technical amendments to other Acts.
Clause 2 provides for the commencement of the Bill as follows—
• Part 1 commences on the day the Bill receives Royal Assent to facilitate the retrospective commencement of Part 10;
• Part 10 will be deemed to commence retrospectively, to come into effect on 31 December 2021. It is necessary that this Part commences on that day, as it amends
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sections 62(1) and 62(2) of the Industrial Relations Legislation Amendment Act 2021, which come into effect on 1 January 2022 and need to be rectified to address an error to ensure the amendments operate properly;
• the remaining provisions except Part 6 and Part 11, Division 1 of Part 12 and Part 13 come into operation on the day after the day on which the Bill receives Royal Assent;
• Part 13 comes into operation on 25 April 2022;
• Division 1 of Part 12 comes into operation on 2 September 2022;
• subject to sections 2(7) and (8), Part 6 and Part 11 come into operation on a day or days to be proclaimed;
• if a provision of Part 6 does not commence before 1 June 2022, it comes into operation on that day; and
• if a provision of Part 11 does not commence before 31 July 2022, it comes into operation on that day.
Part 2—Amendment of Child Wellbeing and Safety Act 2005
Clause 3 amends 2 items in Schedule 5 to the Child Wellbeing and Safety Act 2005 to ensure that regulated entities are accurately referred to in a manner consistent with existing regulatory intent and practice. Schedule 5 sets out entities to which the reportable conduct scheme applies.
Clause 4 makes minor typographical amendments to section 47(2) of the Child Wellbeing and Safety Act 2005.
Part 3—Amendment of Children's Services Act 1996
Clause 5 substitutes "service must" with "approved provider must" in section 50(2) of Children's Services Act 1996 to reflect that the "approved provider" is the party responsible for commencing the ongoing operation of the approved children's service within 6 months after the Regulatory Authority granted the service approval.
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Part 4—Amendment of Education and Care Services National Law Act 2010
Clause 6 updates the definition of child protection law in section 6(1) of the Education and Care Services National Law Act 2010. Section 6(1) defines certain generic terms for the purposes of the Education and Care Services National Law (contained in the Schedule to the Education and Care Services National Law Act 2010 and referred to as the "National Law" in this explanatory memorandum), as applied in Victoria.
The updated definition ensures consistency with regulation 5(1) of the Children's Services Regulations 2020.
Clause 7 corrects references in section 13(2)(d) of the National Law to the A New Tax System (Family Assistance) (Administration) Act 1999 (of the Commonwealth), following amendments to that Act made by the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017 (of the Commonwealth) which commenced on 2 July 2018.
Clause 8 corrects a note at the foot of section 15(3) of the National Law in the Schedule to the Education and Care Services National Law Act 2010, which provides that if further information is requested by the Regulatory Authority on an application for provider approval, the period between the making of the request and the provision of the information is not included in the 60 day period for the Regulatory Authority to decide the application. The note incorrectly refers to section 14(3) rather than section 14 generally.
The correction will ensure consistency with an equivalent legislative note for section 15(3) of the Children's Services Act 1996 which provides that if further information is requested by the Regulatory Authority on an application for provider approval, the period between the making of the request and the provision of the information is not included in the 60-day period for the Regulatory Authority to decide on the application.
Clause 9 substitutes "service must" with "approved provider must" in section 51(3) of the National Law to reflect that the "approved provider" is the party responsible for commencing the ongoing operation of the approved education and care service within 6 months after the Regulatory Authority granted the service approval.
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Clause 10 substitutes "operates" for "operates or has operated" in section 62(1)(b) of the National Law.
This amendment will make it clear that the Regulatory Authority can intervene in a transfer of a service approval if the Regulatory Authority has concerns after receiving an approved provider's history of compliance in a participating jurisdiction including in relation to any other education and care service it operates.
Clause 11 corrects an error in section 197(3) of the National Law by substituting the word "being" with "be".
Clause 12 corrects section 264(2)(a) of the National Law so that it refers to the Office of the Australian Information Commissioner rather than the Office of the Victorian Information Commissioner, in keeping with the intention of section 264 of the National Law to apply the Freedom of Information Act 1982 (of the Commonwealth) as a law of participating jurisdictions for the purposes of the National Quality Framework.
Clause 13 substitutes "education and care services" with "approved providers" in the heading to section 272 of the National Law, in keeping with the substantive text of section 272.
Clause 14 updates references in sections 8 and 9(2) of the Education and Care Services National Law Act 2010 from the Department of Education and Early Childhood Development to the Department of Education and Training.
Part 5—Amendment of Education and Training Reform Act 2006
Clause 15 amends sections 2.6.17(3) and 2.6.17(4) of the Education and Training Reform Act 2006 and the heading to section 2.6.17 of that Act. The effect of the amendments made by clause 15 is to provide the Victorian Institute of Teaching with discretion to extend all types of teacher and early childhood teacher registration, apart from interim registrations under sections 2.6.12 and 2.6.12G, and permission to teach for up to 12 months.
This is similar in effect to Part 5A.4 of the Act inserted on a temporary basis by the Covid-19 Omnibus (Emergency Measures) Act 2020 and which has since expired. Part 5A.4 provided discretion for the Victorian Institute of Teaching to extend certain types of registrations (for a period of no more than
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6 months) that would not otherwise be renewable under Part 2.6, these being—
• provisional registration of teachers and early childhood teachers; and
• non-practising registration of teachers and early childhood teachers; and
• permissions to teach (which are granted to students undertaking a placement in a school to meet their course requirements, or to assist schools to deal with a supply of registered and suitable teachers.
Part 5A.4 expired on 26 April 2021. Clause 15 provides the Victorian Institute of Teaching with the discretion to extend provisional registrations and permissions to teach for up to 12 months on a permanent basis.
Clause 16 inserts a definition of Accident Compensation Conciliation Service in section 5.6.1 of the Education and Training Reform Act 2006.
This amendment is consequential to clause 17, which seeks to confer on the Accident Compensation Conciliation Service the same jurisdiction under section 5.6.2 of the Education and Training Reform Act 2006 as under the Workplace Injury Rehabilitation and Compensation Act 2013 as amended by the Workplace Injury Rehabilitation and Compensation Amendment (Arbitration) Act 2021, which commences on 1 January 2023 unless proclaimed earlier.
Clause 17 amends section 5.6.4 of the Education and Training Reform Act 2006 to confer jurisdiction on the Accident Compensation Conciliation Service to arbitrate disputes relating to workers' compensation entitlements for volunteers arising under Part 5.6 of the Education and Training Reform Act 2006.
Specifically, section 5.6.2(1) in Part 5.6 provides that a volunteer school worker (or their partner or any child or dependent where the volunteer dies) is entitled to be paid compensation if they suffer a personal injury out of or in the course of engaging in school work or travelling to or from a place where they have undertaken school work.
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Under section 5.6.2(5), for injuries suffered on or after 1 July 2014, compensation is paid in accordance with and subject to the Workplace Injury Rehabilitation and Compensation Act 2013 as if the person were an employee of the Crown and the injury arose out of or in the course of such employment.
Part 6—Amendment of Electoral Act 2002
Clause 18 inserts the definition of contact person into section 3 of the Electoral Act 2002 to provide that it means a person included on a nomination form under section 69(3)(bb) of that Act.
The clause also inserts the definition of mobile billboard into section 3 of the Electoral Act 2002 to explain that it means any billboard capable of being displayed while being transported by any means. This can include a motor vehicle, utility vehicle, a motorcycle or a person. It is intended that this definition would include vehicles that are painted or vinyl wrapped, but would not include a car sticker, which is permitted under section 158A(4)(a) of that Act.
Clause 19 is a statute law revision that corrects a misspelling in section 19B of the Electoral Act 2002.
Clause 20 inserts new section 68(ab) into the Electoral Act 2002 to require the Victorian Electoral Commission to make available (at locations and times of its determination) the name and contact details of any contact person included on a candidate's nomination form, each day after the issue of the writ for an election.
Clause 21 inserts new section 69(3)(bb) into the Electoral Act 2002 to require the nomination form for candidates that are not endorsed by a registered political party to include a contact person for the candidate. This contact person will be given written notification of a recount by the Victorian Electoral Commission in the case of a recount, under new section 120(6) of the Electoral Act 2002 to be inserted by this Bill.
Clause 22 amends section 76(2) of the Electoral Act 2002 to allow a candidate to appoint scrutineers to observe the processing of early votes under section 110J. This recognises the important role of scrutineers in ensuring the accurate and transparent processing of votes.
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Clause 23 inserts section 101(3A) of the Electoral Act 2002 to prohibit any person other than the Victorian Electoral Commission from distributing a postal vote application to an elector, whether by physical or electronic means. This is to ensure that the public can remain confident in the impartiality of the Victorian Electoral Commission by avoiding confusion for voters who may mistakenly believe postal vote applications have been distributed by a person from the Victorian Electoral Commission where this is not actually the case. This prohibition includes a prohibition on registered political parties and lobbyists distributing a postal vote application.
The penalty for an offence against the provision is 1 penalty unit, however, it is not an offence under new section 101(3A) for a person to make available at a post office an application to vote by post provided by the Victorian Electoral Commission. This will allow the Victorian Election Commission to provide applications to vote by post to post offices so that they are available to Victorians who are unable to request an application form directly from the Victorian Electoral Commission.
Clause 24 amends section 110J of the Electoral Act 2002, which deals with the early processing of votes. Subclause (1) inserts new section 110J(2)(ba) of that Act to require the processing of ballot papers to be conducted in the presence of any scrutineer.
Subclause (2) amends paragraph (a) of the definition of authorised period in section 110J(6) of that Act, to provide that in section 110J, that term means, in the case of ballot-papers deposited in ballot-boxes kept at an early voting centre, the period of 10 hours (rather than 2 hours) immediately before the close of voting specified in the written notice, in line with the authorised period for postal vote and requires early votes to be processed in the presence of any scrutineer.
This means that the Victorian Electoral Commission can count early votes (meaning ballot-papers deposited in ballot-boxes kept at an early voting centre but not inspected) from 8 am rather than 4 p.m. on election day.
Clause 25 inserts new section 120(6) into the Electoral Act 2002 to require the Victorian Electoral Commission to give written notice, at least 4 hours before a recount of allowed ballot-papers, to all candidates specified on the ballot-paper, the registered officer of each registered political party that has endorsed a candidate who
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is specified on the ballot-paper, and for candidates who are not a member of or endorsed by a political party, the candidate or their nominated contact person (who is identified in the candidate nomination form and is likely to be a similar person to the registered agent under Part 12 of the Electoral Act 2002 as per section 206).
Clause 25 also inserts new section 120(7) into the Electoral Act 2002, which requires the written notice under new section 120(6) to specify—
• that the Victorian Electoral Commission has decided to recount the allowed ballot-papers; and
• the time and date the recount will commence; and
• the location of the recount; and
• the name of the region or district for which the recount is to be conducted.
This is to ensure transparency and consistency about when a recount is announced and to ensure that all candidates have adequate time to arrange for any scrutineer to observe the recount. Clause 25 also inserts new section 120(8) into the Electoral Act 2002, which provides that a written notice under new section 120(6) may specify any other details the Victorian Electoral Commission considers to be relevant. Written notice given by the Commission under this section includes the giving of the notice by email, mail, or facsimile.
Form F in the Electoral Regulations 2012, the Nomination of a candidate for the Legislative Assembly or Council form, will be updated so that a candidate not endorsed by a registered political party can identify a contact person for the purposes of amended section 120(6)(b) of the Electoral Act 2002.
Clause 21 above amended section 69(3) of the Electoral Act 2002 to reflect that a candidate not endorsed by a registered political party needs to include a contact person on their nomination form.
Clause 26 amends section 158A(1) of the Electoral Act 2002 to exempt prescribed exempted premises from the prohibition in section 158A(2), read with section 158A(1), on notices or signs being exhibited within 100 metres of a designated entrance to a voting centre, or within 100 metres of any designated entrance to
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the grounds in which the voting centre is situated if any entrance to the voting centre is designated under subsection (3). This is to accommodate situations where it may be reasonable to exempt premises. The amendment to section 158A(1) to exclude prescribed exempted premises will allow the Victorian Electoral Commission to recommend the making of regulations to prescribe exempt premises (under section 184(1)).
Subclause (3) amends section 158A(3) of the Electoral Act 2002 to specify that a candidate may have 2 signs of the specified size.
Subclause (4) inserts new section 158A(3A) into the Electoral Act 2002 to specify that if a registered political party has endorsed 2 or more candidates for the Legislative Council in an election, no more than 2 signs in total may be displayed by those candidates of the specified size. This amendment (an exception to section 158A(3)) clarifies that a maximum of 2 signs applies to endorsed Legislative Council candidates below-the-line of the Legislative Council ballot paper, whether it is one endorsed candidate, 2, 3, 4 or 5 endorsed candidates nominated in the particular Legislative Council election, they will have a maximum of 2 signs of the specified size between them.
The clause also inserts section 158(3B) into the Electoral Act 2002 to specify that in addition to a candidate being permitted 2 signs under section 158A(3), a registered political party may also have 2 signs of the specified size.
These amendments to section 158A of the Electoral Act 2002 clarify the number of signs that candidates endorsed by registered political parties are entitled to display at each voting centre. For example, if a registered political party has endorsed one candidate in the Melbourne Legislative Assembly district and 5 candidates for the Legislative Council Northern Metropolitan Region, these amendments will allow for—
• the candidate endorsed for the Legislative Assembly to have 2 signs at each designated entrance to the grounds in which the voting centre is situated; and
• the 5 candidates endorsed for the Legislative Council to have no more than 2 signs between them at each designated entrance; and
• the registered political party to have 2 signs (a total of 6 signs).
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In this example it is a matter for that registered political party as to the approach it takes in relation to their 2 registered party signs at each designated entrance to the grounds in which the voting centre is situated. Their signs could include, for example, photos of all or some of their endorsed candidates or the party logo.
The clause also inserts section 158(3C) into the Electoral Act 2002 which will prohibit a person from displaying a mobile billboard (which is defined by the definition inserted by clause 18) within 100 metres of a designated entrance to the grounds in which a voting centre is situated.
Subclause (5) inserts new section 158A(7) and (8) into the Electoral Act 2002, to require a registered political party or independent candidate (one that is not endorsed by a registered political party) who displays a sign at a designated entrance to the grounds in which a voting centre is located to nominate a designated person who is responsible for the sign. The purpose of the amendment is to facilitate enforcement of section 158A by the Victorian Electoral Commission and to ensure that rules on signage are enforced equitably for all candidates and parties.
Clause 27 is a statute law revision that corrects punctuation errors in the definitions of statement and third party campaigner in section 206(1) of the Electoral Act 2002.
Part 7—Amendment of Electoral Boundaries Commission Act 1982
Clause 28 amends section 10A of the Electoral Boundaries Commission Act 1982. Subclause (1) inserts a new heading to section 10A of that Act, "Map to be published". Subclause (2) amends section 10A of that Act to require the Electoral Boundaries Commission to publish a map of proposed electoral regions, showing the proposed electoral districts, on its Internet site. This requirement is to replace an existing requirement for such a map to be exhibited at every municipal office of every municipal council within the meaning of the Local Government Act 2020 in the proposed electoral region. Subclause (3) inserts new section 10A(2) of the Electoral Boundaries Commission Act 1982 to require the Electoral Boundaries Commission to give a copy of the map of proposed electoral boundaries to any person on request.
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These amendments are intended to create a modern and more efficient means of communicating to the public the proposed electoral regions and electoral districts. They do not affect other requirements in section 10A for the advertisement of proposed boundaries in the Government Gazette and 2 newspapers circulating throughout the proposed electoral region.
Clause 29 repeals sections 18 and 19 of the Electoral Boundaries Commission Act 1982. These sections were inserted in 2003 to require the Electoral Boundaries Commission to divide the State of Victoria into electoral regions for the first election of the Legislative Council following amendments to sections 26 and 27 of the Constitution Act 1975 by the Constitution (Parliamentary Reform) Act 2003. Following the establishment of the current electoral structure for the Legislative Council, sections 18 and 19 are redundant.
Clause 30 repeals the Schedule to the Electoral Boundaries Act 1982. The Schedule is redundant as it is for the purposes of section 19, which is to be repealed for the reason described above in the clause note for clause 29.
Part 8—Amendment of Financial Management Act 1994
Clause 31 inserts new Part 7C titled, "Power to waive, defer, refund or reduce fees and charges under Acts, statutory rules and other subordinate instruments", into the Financial Management Act 1994. The intention of Part 7C is to establish general provisions (applying across the statute book) for the provision of fee relief during emergencies. Proposed Part 7C contains new sections 54Q to 54V.
New section 54Q provides that Part 7C applies during any "emergency period".
New section 54R sets out definitions for the purposes of Part 7C. Section 54R defines an emergency as a state of disaster declaration under section 23 of the Emergency Management Act 1986, a state of emergency, pandemic declaration or pandemic order declared or made under the Public Health and Wellbeing Act 2008 or a proclamation of emergency under section 4(1) of the Essential Services Act 1958.
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New section 54R defines an emergency period as the period commencing with an emergency and ending 6 months after the end of the emergency.
New section 54R defines a fee or charge collector (who may exercise the power to provide fee relief under new section 54S) as any entity that collects fees or charges under any Act, statutory rule or other subordinate instrument where the fees or charges are payable into the Consolidated Fund or any other fund established by or under an Act. It is intended that references to a "subordinate instrument" in Part 7C are not strictly limited to "legislative instrument" as defined in section 3 of the Subordinate Legislation Act 1994 for the purposes of that Act, but reflect the broader term as defined in the Interpretation of Legislation Act 1984.
New section 54S(1) provides that a fee or charge collector may provide fee relief if, due to an emergency, an entity or class of entity is suffering from financial hardship, or special circumstances exist. The fee relief that may be provided is a waiver, deferral, refund or reduction. An "entity" is defined in section 38 of the Interpretation of Legislation Act 1984 as including as including a person and an unincorporated body, and a person is defined in that section as including a body corporate or politic as well as an individual.
The term "fees and charges" has intentionally been left undefined so as not to narrow its ordinary meaning. This is intended to include, for example, the price paid for a good or service but is not intended to include, for example, a fine or monetary penalty for an offence.
Reference to a fee or charge being "payable" is intended to refer to a situation where an obligation to pay exists during the period in which new Part 7C applies, regardless of whether the obligation applies to the whole or part of the relevant fee or charge, and regardless of when payment is required to be settled, or when the right, good or service being paid for is provided or to be provided.
"Special circumstances" has intentionally been left undefined so as not to narrow its ordinary meaning. It is not expected that "special circumstances" will, in an emergency context, necessarily be an onerous bar to meet as an emergency by its nature will often result in special circumstances. The
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requirement for financial detriment or special circumstances to exist is intended only to exclude the application of Part 7C to persons or classes of persons in the event that they are largely unaffected by a particular emergency, except where granting such persons fee relief as part of a class is the only reasonable means of providing fee relief to those in need because it is neither feasible nor practicable to isolate the affected persons from unaffected persons.
New section 54S(2) provides that any fee relief provided under section 54S must be in accordance with any guidelines published by the Treasurer for the purposes of this Part. Subject to any guidelines and any regulations made for the purposes of Part 7C, the fee relief is provided at the discretion of the fee and charge collector in relation to the type of fee or charge to which the waiver, deferral, refund or reduction applies, and the timing or duration of that fee relief including dates for any deferred payments. The waiver, deferral, refund or reduction granted may be in whole or in part or any combination of those actions, and may apply to an entity or class of entity.
New section 54S(4) provides that a fee or charge may be waived, deferred, refunded or reduced in accordance with Part 7C regardless of whether it falls due or is payable in whole or part during any "emergency period" (as defined as defined in new section 54R).
For example (subject to any guidelines under 54S and any regulations), if an emergency applies from—
• 1 January to 1 March in a given year, fee relief under new Part 7C may be granted to persons or classes of persons needing to renew an annual licence sometime between 1 January and 1 September of that same year because the emergency period extends for 6 months after the end of the emergency. Regardless of whether final payment is due before or after 1 September, a fee or charge collector may waive an amount up to the full amount of the fee.
• 1 January to 1 March in a given year, fee relief under new Part 7C may be granted to a business still owing part or all of a registration fee up until 1 September that year. This applies even where the business may have paid one or more instalments prior to 1 January (when
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no "emergency", as defined for the purposes of Part 7C, applied) so long as there is still an outstanding amount owed on or after 1 January that year. A fee or charge collector in this scenario may, for example, waive the amount still outstanding to the full amount outstanding, and additionally provide a refund for the instalment or instalments paid prior to 1 January that year. In contrast, a business that settled its registration fee in full prior to 1 January that year is not entitled to any fee relief that may be offered on or after 1 January.
New section 54S(2) provides that any fee relief provided under section 54S must be in accordance with any guidelines published by the Treasurer for the purposes of Part 7C. Subject to any guidelines and any regulations made for the purposes of Part 7C, the fee relief is provided at the discretion of the fee and charge collector in relation to the type of fee or charge to which the waiver, deferral, refund or reduction applies and the timing or duration of that fee relief including dates for any deferred payments. The waiver, deferral, refund or reduction granted may be in whole or in part or any combination of those actions, and may apply to an entity or class of entity.
New section 54U provides that the Treasurer may make guidelines (to be published on an appropriate Internet site) on the application of the powers of a fee and charge collector under Part 7C, any fee relief in whole or part under any Act, statutory rule or other subordinate instrument (either in accordance with Part 7C or generally) and any other matter relating to the operation of Part 7C.
New section 54V provides that Part 7C does not limit any other fee relief power in any Act, statutory rule or subordinate instrument and that Part 7C only applies to the extent that a fee or charge collector cannot exercise an existing fee relief power in any Act, statutory rule or subordinate instrument.
Clause 32 inserts new section 59(1)(da) into the Financial Management Act 1994 providing that regulations may be made to prescribe any matter for the purposes of Part 7C.
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Part 9—Amendment of Housing Act 1983
Clause 33 amends section 91 of the Housing Act 1983 so that a registered agency must notify the Registrar in writing within 28 days, rather than 14 days, of any change to the information about the agency recorded in the Register of Housing Agencies. The penalty for contravening this provision is 10 penalty units and remains unchanged. The amendment seeks to provide more flexibility to registered agencies in the timeframe for notifying changes to registered information in light of other amendments made by Clauses 34 and 35 that will streamline timeframes for other reporting requirements.
Clause 34 amends section 105(4) of the Housing Act 1983 so that a report referred to in section 105(1)(a) of that Act must be certified by the board of directors of the registered agency and provided to the Registrar by 31 October in each year rather than within 28 days after the annual meeting of the registered agency. Section 105(1)(a) refers to a report providing a registered agency's self-assessment against the relevant performance standards.
The amendments also require a report referred to in section 105(1)(b) of that Act to be provided to the Registrar in each year no more than 14 days, rather than 28 days, after the annual general meeting of the registered agency. Subsection (1)(b) refers to a report containing the registered agency's financial statements and accounts in accordance with a direction under section 105.
These amendments will streamline existing timeframes for reporting to the Registrar to facilitate the earlier completion of annual compliance assessments to allow registered agencies to receive earlier and more responsive feedback that can inform a registered agency's planning and improvement processes for the financial year following the one reported on.
Clause 35 amends section 106(2) of the Housing Act 1983 so that the registered agency is required to make the annual declarations to the Registrar set out in section 106(1) of that Act must provide those declarations no more than 14 days, rather than no more than 28 days, after the annual general meeting of the registered agency. Under section 106(1) a registered agency is required to declare that it has complied with the financial and other reporting
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requirements of the Act, and any taxation reporting requirements of the Australian Taxation Office, for the previous financial year.
These amendments will align the timeframe for providing declarations to the Registrar with the amended timeframes for reporting under amendments made by clause 34.
Part 10—Amendment of Industrial Relations Legislation Amendment Act 2021
Clause 36 corrects incorrect references to Schedule 2 to the Long Service Benefits Portability Act 2018 contained in sections 62(1) and (2) of the Industrial Relations Legislation Amendment Act 2021. These sections should refer to Schedule 3 to the Long Service Benefits Portability Act 2018. Clause 36 comes into effect on 31 December 2021. It is necessary that the amendments commence on 31 December 2021 before sections 62(1) and 62(2) of the Industrial Relations Legislation Amendment Act 2021 come into effect on 1 January 2022 so that the above error can be rectified and those sections amend the correct Schedule in the Long Service Benefits Portability Act 2018.
Part 11—Amendment of Interpretation of Legislation Act 1984
Clause 37 inserts into section 38 of the Interpretation of Legislation Act 1984 a definition of approved alternative publication Internet site as an Internet site approved under section 38N.
Clause 38 inserts new sections 38M, 38N, 38O and 38P into the Interpretation of Legislation Act 1984.
Proposed section 38M(1) provides that a requirement in an Act, statutory rule or any other subordinate instrument to publish a notice (however described) in a print newspaper, whether circulating generally in Victoria or in a particular locality, is taken to have been met, for all purposes, if the notice is published on an alternative publication Internet site or in a prescribed manner or on a prescribed platform.
This is intended to modernise requirements for notices to be published in print newspapers without mandating that all notices be published electronically.
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It is intended that reference to a "subordinate instrument" in section 38M not be strictly limited to a legislative instrument as defined in section 3 of the Subordinate Legislation Act 1994 for the purposes of that Act, but reflect the broader term as defined in the Interpretation of Legislation Act 1984.
New section 38M(2) provides that, without limiting new section 38M(1), any requirement under an Act, statutory rule or any other subordinate instrument to provide a copy of a notice published in a print newspaper or to distribute or use a notice published in a print newspaper for any purpose is taken to have been met by providing, distributing, or using an electronic notice published in accordance with new section 38M(1). This is intended to address requirements, for example, in guidelines made under section 26(1) of the Subordinate Legislation 1994 requiring copies of any notices of a Regulatory Impact Statement in newspapers, the Government Gazette or other publications to be sent to the Scrutiny of Acts and Regulations Committee. New section 38M(2) is intended to ensure that those guidelines and other requirements can be met by providing a copy of the electronic notice published in accordance with section 38M(1) whether by printing a screenshot or providing a downloaded copy, for example.
New section 38M(3) provides that regulations may be made to exempt an entity or a class of entity or a document (including an Act, a statutory rule or any other subordinate instrument) or class of document from the application of section 38M. This will allow, for example, an exemption to be made should there be a class of documents where electronic publication is not considered an appropriate alternative to print publication in any circumstances.
New section 38M(4) provides that nothing in section 38M limits the manner or form in which any notice required to be published may be published or exempts any entity from any other obligation or requirement under the Act, statutory rule or other subordinate instrument to which the notice relates in relation to the publication of the notice other than in a print newspaper.
New section 38N provides that the Minister, by notice published in the Government Gazette, may declare one or more Internet sites to be an approved alternative publication Internet site for the purposes of new section 38M.
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New section 38O(1) provides that the Minister may make guidelines on the use of approved alternative publication Internet site(s) for the purposes of publication of notices, the requirements to be complied in relation to publication of notices so as to satisfy publication under section 38M and any other matter relating to the publication of notices under section 38M.
New section 38O(2) provides that any guidelines made under new section 38O(1) must be published in the Government Gazette and on an approved alternative publication Internet site (if any) and may also be published in any other manner that the Minister considers appropriate.
New section 38P(1) provides that any department, public statutory authority or any prescribed entity that is responsible under an Act, a statutory rule or any other subordinate instrument for the publication of a notice (however described) must have regard to the guidelines made under section 38O when publishing any notice by electronic means. This requirement is not intended to affect private entities.
Clause 39 inserts a new Part VI titled, "General", into the Interpretation of Legislation Act 1984. New Part VI contains proposed section 65(1) which provides that regulations may be made for or with respect to exempting an entity or class of entity or a document or class of document from the application of section 38M, to prescribing matters relating to the location or format of electronic publication under section 38M and to any matter or thing required to be prescribed by the Interpretation of Legislation Act 1984 or necessary to be prescribed to give effect to the Act.
New section 65(2) provides that the regulations may be—
• of a limited or general application;
• differ according to time place or circumstance;
• apply to different classes of entities or documents;
• leave any matter or thing to be from time to time determined or approved by a specified entity;
• confer powers or discretions or impose duties on any entity or class of entity;
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• exempt, in a specified case or class of cases, any entities or documents from any provision of the regulations (whether unconditionally or on specified conditions, and either wholly or to the extent specified in the regulations).
Part 12—Amendment of Local Government Act 2020
Clause 40 amends section 60(1) of the Local Government Act 2020, which requires Councils to adopt and keep in force Governance Rules, as follows—
• paragraphs (a) and (b) are amended to require that Governance Rules with respect to the conduct of Council meetings and meetings of delegated committees include holding meetings by electronic means of communication, respectively; and
• in addition to existing matters set out in section 60(1), new paragraph (ba) is inserted to require Governance Rules in relation to requesting and approval of attendance at Council meetings and meetings of delegated committees by electronic means of communication.
Clause 41 amends section 61 of the Local Government Act 2020, relating to the conduct of Council meetings, by inserting new subsection (6A) to provide that a Councillor may attend and be present at a Council meeting by electronic means of communication.
Clause 42 amends section 66 of the Local Government Act 2020, relating to the requirement for meetings to be open to the public. Subclause (1) amends section 66(4) to clarify that, for the purposes of section 66(3), meetings viewed by members of the public as the meeting is held may include viewing of proceedings on the Internet site of the Council.
Subclause (2) inserts new subsection (6) to define open to the public, for the purposes of section 66, as follows—
• for a Council meeting or a joint meeting of Councils, attendance in person by members of the public, or a meeting that is broadcasted live on the Internet site of
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the Council, or any other prescribed means of a meeting; and
• for a meeting of a delegated committee or joint delegated committee, attendance in person by members of the public, or a meeting that is broadcasted live on the Internet site of the Council, or a meeting that is recorded and published on the Internet website of the Council as soon as practicable after the meeting, or any other prescribed means of meeting.
Clause 43 amends section 330 of the Local Government Act 2020, which sets out savings provisions for regional libraries established under the Local Government Act 1989. This clause inserts new section 330(2A) to provide that, despite the operation of existing subsection (2), section 197E(2)(a) of the Local Government Act 1989 does not apply to an existing regional library on and from the commencement of new subsection (2A) as inserted by the Bill.
Section 196 and 197E of the Local Government Act 1989 provided for the establishment of regional libraries and attendance at meetings of the governing bodies of regional libraries. Both sections were repealed on 1 July 2021 by the Local Government Act 2020. However, section 330 of the Local Government Act 2020 preserves the operation of sections 196 and 197E of the Local Government Act 1989 in relation to existing regional libraries.
Section 197E(2)(a) of the Local Government Act 1989 requires a local law, made for the purposes of enabling a body of a regional library to meet by electronic means of communication, to specify how many members must attend the meeting in person. Section 197E(2)(a) is not a requirement that applies to, and therefore is not consistent with, meetings of Councils and committees under the Local Government Act 2020. New subsection (2A) nullifies the operation of section 197E(2)(a).
Clause 44 substitutes the end date of the prescribed period in the definition of prescribed period in section 393 of the Local Government Act 2020. The effect of this amendment is to extend the operation of Part 12 of the Local Government Act 2020 to 1 September 2022. This will enable the following meetings to continue to be conducted by means of electronic communication—
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• a Council meeting;
• a joint meeting of Councils;
• a meeting of a delegated committee or joint delegated committee;
• a meeting of a governing body of a regional library;
• a meeting of a special committee.
Clause 45 amends section 396 of the Local Government Act 2020 to substitute "27 April 2022" with "2 September 2022" as the repeal date for Part 12 of that Act.
Amendments to the Local Government Act 2020, made by Part 12 of the Bill to permanently enable meetings conducted by electronic means, will come into operation on 1 September 2022. As such, Part 12 of the Local Government Act 2020, which temporarily modifies that Act to permit virtual meetings in response to the COVID-19 pandemic, is extended to avoid a gap between the expiry of that Part and the later commencement of amendments to permanently enable meetings conducted by electronic means.
Part 13—Amendment of Parliamentary Committees Act 2003
Clause 46 substitutes section 25(5) of the Parliamentary Committees Act 2003 with proposed section 25(5) and (6).
Proposed section 25(5) removes the requirement in section 25(5)(a) for a unanimous resolution of the Joint Investigatory Committee to use an audio link or an audio visual link for its sittings. The requirement in section 25(5)(b) remains so that the Joint Investigatory Committee must be satisfied that the quality of an audio link or audio visual link will enable members present at a meeting to verify the identity of a member participating by audio link or audio visual link.
Proposed section 25(6) provides that a member participating in a meeting of a Joint Investigatory Committee by audio link or audio visual link is present for the purposes of determining whether there is a quorum and may vote on a question arising at a meeting.
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These amendments are intended to provide Joint Investigatory Committees with more flexibility to conduct their activities remotely on a permanent basis. Temporary provisions in Part 7 inserted by the COVID-19 Omnibus (Emergency Measures) Act 2020, initially due to lapse on 25 October 2020 have been extended twice by the COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020 and the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 and are due to lapse on 26 April 2022.
Part 14—Amendment of Pharmacy Regulation Act 2010
Clause 47 inserts new section 43(7) into the Pharmacy Regulation Act 2010 to provide that sections 37 to 41 of that Act apply to an application to renew a licence as if the application were an application made under section 36. Sections 36 and 37 set out requirements and eligibility criteria for making an application for a licence to carry on a pharmacy business or pharmacy department. Section 38 sets out requirements for granting a licence and section 39 sets out grounds for refusal by the Victorian Pharmacy Authority. Section 40 deals with conditions on licences and section 41 sets out requirements for the Victorian Pharmacy Authority to provide written notice of a decision.
Clause 48 inserts new section 43A into the Pharmacy Regulation Act 2010 to provide for a late lodgement period of 28 days after 30 June in each year for applications to renew an annual licence to carry on a pharmacy business or pharmacy department. The new section 43A provides that such applications may be made provided they are compliant with existing requirements in section 43 and accompanied by a late lodgement fee fixed by the Victorian Pharmacy Authority, and that the Victorian Pharmacy Authority may fix a late lodgement fee.
A licence that is subject to a late application is taken to remain in force until the Authority has decided whether or not to renew the licence. If renewed, the licence is taken to have commenced on 1 July in the year in which the application was made.
New section 43A is intended to provide additional flexibility to reduce the number of instances where the proprietor of the pharmacy and the Victorian Pharmacy Authority have the administrative burden of making or processing a new application which is more onerous than the renewal process. A licensee
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whose licence lapses also face further potential burden due to possible loss of their Commonwealth Government approval to supply pharmaceutical benefits and ramifications to their professional indemnity insurance.
A fee for late lodgement is intended to assist the Victorian Pharmacy Authority to manage the inconvenience of late renewals while providing an incentive for licensees to meet timeframes for renewal and thus avoid the need to pay the late lodgement fee.
Clause 49 inserts new section 52(7) into the Pharmacy Regulation Act 2010 to provide that sections 45 to 50 of that Act apply to an application to renew a registration as if the application were an application under section 44 of that Act. Sections 44 and 45 set out requirements for the application and registration of premises to carry on a pharmacy business or pharmacy department at those premises. Section 46 sets out the grounds for refusal of an application for registration of premises. Sections 47 to 48 set out requirements for the application and registration of a pharmacy depot. Section 49 deals with conditions that the Victorian Pharmacy Authority may impose on the registration of premises of a pharmacy business, pharmacy department or pharmacy depot, and section 50 sets out requirements for the Victorian Pharmacy Authority to provide written notice of its decision.
Clause 50 inserts new section 52A into the Pharmacy Regulation Act 2010.
New section 52A(1) provides for a late lodgement period within 28 days after 30 June in each year for applications to renew an annual registration of a pharmacy business, pharmacy department or pharmacy depot.
New section 52A(2) provides that the Authority may fix a late lodgement fee.
New section 52A(3) provides that a registration that is the subject of an application for late lodgement is taken to remain in force until the Victorian Pharmacy Authority has decided whether or not to renew the registration. If renewed, the registration is taken to have commenced on 1 July in the year in which the application for renewal was made.
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New section 52A is intended to provide additional flexibility to reduce the number of instances where the proprietor of the pharmacy and the Victorian Pharmacy Authority have the administrative burden of making or processing a new application which is more onerous than the renewal process. A registration holder whose registration of the premises lapses faces further potential burden due to possible loss of their Commonwealth Government approval to supply pharmaceutical benefits and ramifications to their professional indemnity insurance.
A fee for late lodgement is intended to assist the Victorian Pharmacy Authority to manage the inconvenience of late renewals while providing an incentive for registration holders to meet timeframes for renewal and thus avoid the need to pay the late lodgement fee.
Clause 51 inserts new sections 58(2), (3) and (4) into the Pharmacy Regulation Act 2010. These provisions are intended to enable the Victorian Pharmacy Authority to conduct panel hearings by means of audio visual link and provide that a licensee or registration holder is taken to be present at the hearing whether they attend physically or by means of audio visual link. If a licensee or registration holder appears before a panel hearing by means of audio visual link, any person accompanying the licence or registration holder may attend the panel hearing by means of audio visual link.
The purpose of a panel hearing under section 57 is to hear a matter subject to investigation under Division 3 of Part 3 of the Act.
Clause 52 inserts new section 66(3) into the Pharmacy Regulation Act 2021 to clarify that an authorised person's identity card may be produced by audio visual link for the purposes of identification prior to entry for an inspection where the inspection is conducted by audio visual link.
Clause 53 inserts new section 68(1A) into the Pharmacy Regulation Act 2010 and provides that a person may enter a premises for the purposes of inspection physically or by audio visual link.
Clause 54 repeals section 95(5) of the Pharmacy Regulation Act 2010. Section 95(5) provides that section 95, which sets out a process for resolutions to be passed without a meeting, does not apply to any resolution of the Victorian Pharmacy Authority relating to a
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matter being considered under Division 3 or 4 of Part 3 titled, "Investigations" and "Revocation of a licence or registration", respectively.
The repeal of section 95(5) is intended to remove a potential impediment to meetings being conducted by virtual means should a resolution be successfully challenged on the basis that it was not passed at a meeting in person of the Victorian Pharmacy Authority.
Clause 55 substitutes section 96(3) of the Pharmacy Regulation Act 2010 with a provision enabling section 96 to apply to a meeting or part of a meeting held by the Victorian Pharmacy Authority for the purposes of carrying out any function of the Victorian Pharmacy Authority under this Act. Section 96 sets out a process for the Victorian Pharmacy Authority to approve methods of communication.
This will, in effect, remove the exclusion in section 96(3)(b) from the operation of section 96 of any meeting conducted for the purposes of Division 3 or 4 of Part 3 titled, "Investigations" and "Revocation of a licence or registration", respectively.
This substitution is intended to remove a potential impediment to regulatory activities, including inspections, from being conducted by virtual means.
Part 15—Amendment of Public Health and Wellbeing Act 2008
Clause 56 amends paragraph (b) of the definition of person in charge in section 3(1) of the Public Health and Wellbeing Act 2008 so that it refers to an approved provider within the meaning of that section in the case of a "children's service" within the meaning of section 3(1) of the Children's Services Act 1996 rather than the proprietor.
This change is a consequence of the change to the licensing approach and terminology in the Children's Services Act 1996 to align with the approach in the Education and Care Services National Law. Following the commencement of the Children's Services Amendment Act 2019 on 17 May 2020, the concept of proprietor of a children's service has been replaced by an "approved provider".
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Part 16—Amendment of Tobacco Act 1987
Clause 57 amends section 36 of the Tobacco Act 1987 to insert new subsections (c) and (d) to broaden the existing range of persons who can be appointed as an inspector under the Act to include an authorised officer appointed under section 224 of the Local Government Act 1989 by a Council whose municipal district is in proximity to an alpine resort within the meaning of the Alpine Resorts Act 1983, and any other person engaged by the Secretary of the Department of Health or seconded to assist the Secretary of the Department of Health in performing their functions under the Act.
Section 36 currently only permits the Secretary of the Department of Health to appoint a person either nominated by the Chief Executive Officer of a local council (within the meaning of the Local Government Act 2020) and employed by, or providing services to, that council, or a person who is an employee or member of a class of employees employed under Part 3 of the Public Administration Act 2004.
Expanding the range of persons who can be appointed as inspectors is intended to ensure that inspectors can be appointed for alpine resorts located on Crown land and managed by Boards under the Alpine Resorts Act 1983. Section 24 of the Alpine Resorts Act 1983 specifies that land in an alpine resort is not part of any municipal council, despite any provision of the Local Government Act 2020.
An expanded range of persons who can be appointed as inspectors is also intended to provide the Secretary of the Department of Health with more flexibility to appoint a broader range of Environmental Health Officers and officers with similar skills and experience to protect the community from second-hand smoke and ensure compliance with tobacco and e-cigarette advertising and retailer laws. This may assist, for example, where there are shortages of local council inspectors. It is also intended that the Secretary of the Department of Health be able, for example, to appoint secondees from local councils or Environmental Health Officers sourced through agencies providing temporary workers and who may not fit either existing criterion for appointment.
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Clause 58 inserts new section 36AA into the Tobacco Act 1987.
Subsection (1) of new section 36AA provides that the Secretary of the Department of Health must be satisfied that the person has the necessary skills, training and expertise to perform the functions and duties, and exercise the powers, of an inspector under the Act, before appointing a person under amended section 36.
Subsection (2) provides that an inspector appointed under section 36(c) may perform the functions and duties, or exercise the powers, of an inspector under the Act in relation to an alpine resort that is specified in the instrument of appointment.
Subsection (3) provides that the instrument of appointment of an inspector appointed under section 36(c) may specify the functions, duties and powers that may be performed or exercised by the inspector under the Act, and that the Secretary of the Department of Health may attach any conditions that the Secretary of the Department of Health considers appropriate.
Subsection (4) provides that the Secretary of the Department of Health may direct an inspector appointed under section 36(c) or (d) in the performance of the inspector's duties and functions, or in the exercise of the inspector's powers, under the Act.
Clause 59 inserts new item 4A in the Schedule to the Tobacco Act 1987 which sets out the infringement offences and penalties under that Act.
The amendment is intended to allow an infringement penalty (a fine) to be imposed for an offence against existing section 5D(3) of the Act. Section 5D(3) was inserted in 2016 and commenced in 2017. It creates an offence for the occupier of an outdoor drinking area where a person contravenes section 5C(1A), which prohibits a person from smoking in an outdoor area that is not separated from an outdoor dining area by a 4 metre buffer zone or a wall that is at least 2.1 metres high. The maximum penalty that applies to section 5D(3) is 10 penalty units for a natural person or 50 penalty units for a body corporate.
This addresses an apparent oversight as the offence for the smoker in section 5C(1A) is included in the Schedule while the offence for the occupier in section 5D(3) is not.
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The proposed infringement penalties for contravention of section 5D(3) are 2 penalty units for a natural person or 5 penalty units for a body corporate, consistent with the current infringement penalties for a similar offence in section 5EB(1). Section 5EB(1) creates an offence for the occupier where a person contravenes section 5EA by smoking in an outdoor dining area.
Clause 60 makes minor amendments to the Tobacco Act 1987.
Subclause 1 corrects punctuation in the definition of a specialist e-cigarette retailing premises in section 3 of the Tobacco Act 1987.
Subclause 2 corrects legislative references in section 6(2D)(b) of the Tobacco Act 1987. Sections 6(2D)(b) provides that a tobacco company or e-cigarette company is guilty of an offence against this subsection, and liable to a penalty not exceeding 5000 penalty units, if the tobacco company or e-cigarette company intentionally or recklessly contravenes or causes another person to contravene certain provisions in the Act.
Subclause 3 corrects punctuation in section 15U(6) of the Tobacco Act 1987.
Subclause 4 corrects punctuation in section 15X(1)(b) of the Tobacco Act 1987.
Part 17—Minor and technical amendments to other Acts
Clause 61 makes minor amendments to the Health (Commonwealth State Funding Arrangements) Act 2012 to insert a definition of First Ministers' Council and replace outdated references to the Council of Australian Governments to reflect changes to be made in the COAG Legislation Amendment Bill 2021 (of the Commonwealth).
Clause 62 makes minor amendments to the Offshore Petroleum and Greenhouse Gas Storage Act 2010 to repeal the definition of COAG Reform Fund, which is outdated and is also not used in that Act.
Clause 63 makes minor amendments to the Education and Care Services National Law in the Schedule to the Education and Care Services National Law Act 2010 by substituting the definition of Ministerial Council.
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Clause 64 makes minor amendments to the Education and Training Reform Act 2006 by amending the definition of AQF to remove the requirement that it be a Ministerial Council that amends the AQF. Clause 64(2) provides an end date for the definition of Ministerial Council as established under the Council of Australian Governments, and inserts a new definition of Ministerial Council going forward.
Clause 65 makes minor amendments to the Biological Control Act 1986 to substitute the definition of Council, which refers to the now outdated Agriculture and Resource Management Council of Australia and New Zealand. The amendments align with the definition of Council in the Biological Control Act 1984 (of the Commonwealth) to be amended by the COAG Legislation Amendment Bill 2021 (of the Commonwealth).
Clause 66 makes minor amendments to the Electricity Industry Act 2000 to substitute the definition of MCE to align with the same definition in the National Electricity Law; that is, the National Electricity (South Australia) Act 1996 (SA).
Clause 67 makes minor amendments to the Freedom of Information Act 1982 to insert a definition of Ministerial Council and substitute references in that Act to the "Ministerial Council for Companies and Securities" with "Ministerial Council".
Clause 68 makes minor amendments to the Gas Industry Act 2001 to substitute the definition of MCE to align with the same definition in the National Electricity Law; that is, the National Electricity (South Australia) Act 1996 (SA).
Clause 69 makes minor amendments to the Health (Commonwealth State Funding Arrangements) Act 2012 to repeal the definition of Standing Council on Health, insert a definition of Ministerial Council, and substitute references to "Standing Council on Health" in that Act with "Ministerial Council".
Clause 70 makes minor amendments to the Offshore Petroleum and Greenhouse Gas Storage Act 2010 to insert a definition of Ministerial Council, and repeal outdated references to the Standing Council on Energy and Resources, and substitute references in that Act to "Standing Council on Energy and Resources" with "Ministerial Council".
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Clause 71 makes minor amendments to the Country Fire Authority Act 1958 to repeal the definition of Fair Work Australia, insert a definition of Fair Work Commission, which has succeeded Fair Work Australia, insert the new term, Fair Work Commission", and substitute a reference in that Act to "Fair Work Australia" with "Fair Work Commission".
Clause 72 makes minor amendments to the Disability Act 2006 to repeal the definition of Fair Work Australia, insert a definition of Fair Work Commission, which has succeeded Fair Work Australia, insert the new term, Fair Work Commission, and substitute a reference in that Act to "Fair Work Australia" with "Fair Work Commission".
Clause 73 makes minor amendments to the Equal Opportunity Act 2010 to repeal the definition of Fair Work Australia, insert a definition of Fair Work Commission, which has succeeded Fair Work Australia, and substitute a reference in that Act to "Fair Work Australia" with "Fair Work Commission".
Clause 74 makes minor amendments to the definition of reviewing authority in clause 3 in Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2010 to substitute reference to "Fair Work Australia" with the new term, "Fair Work Commission".
Clause 75 makes minor amendments in the definition of award to the Pre-school Teachers and Assistants (Leave) Act 1984 to repeal the definition of Fair Work Australia, insert a definition of Fair Work Commission, which has succeeded Fair Work Australia, and insert the new term, Fair Work Commission.
Clause 76 makes minor amendments to the Public Sector Employment (Award Entitlements) Act 2006 to insert a definition of Fair Work Commission. Clause 76 also inserts a new section 5(2)(d) to reflect that in addition to the terms and conditions of employment in a preserved award, the preserved award is deemed to include any increase in minimum pay rates after the preservation of time as a result of an order or determination of the Fair Work Commission made under the Commonwealth Fair Work Act.
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Part 18—Amendment of the Essential Services Commission Act 2001
Clause 77 substitutes section 26(3) in the Essential Services Commission Act 2001 with new section 26(3) which will enable the Essential Services Commission, by instrument, to delegate the powers of the Commission under sections 36, 37 or 39 to a Commissioner, or alternatively, any person or class of person employed under Part 3 of the Public Administration Act 2004 in the administration of the Act who is either an executive within the meaning of the Public Administration Act 2004 or a person with a classification of Grade 6 or above or Senior Technical Specialist.
Sections 36 and 37 deal with the Commission's power to obtain information and documents and section 39 provides that the Commission must not (but for a permitted use of the document under section 38(3)) disclose any document that it has obtained from any agency or Minister that is an exempt document under the Freedom of Information Act 1982.
Part 19—Repeal of this Act
Clause 78 provides for the repeal of this Bill on 31 July 2023. The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).