Thursday, 20 February 2025

Bills

Regulatory Legislation Amendment (Reform) Bill 2025

Second reading

Debate resumed on motion of Danny Pearson:

That this bill be now read a second time.

Kim O’KEEFFE (Shepparton) (16:39): I rise to make a contribution to the Regulatory Legislation Amendment (Reform) Bill 2025. This bill marks the third bill of this type in the last several years, where the government has sought to make changes to various acts through an omnibus bill. The bill before the house today includes almost 40 proposals across 16 different acts and multiple ministerial portfolios. The bill includes various departments and agencies, identifying issues within their areas of responsibility, for which they have sought changes and improvements.

Within the bill we are debating today there are a number of objectives within the pieces of legislation as such. The bill aims to support effective and efficient regulation, promote consistency with other legislation and existing government policies, streamline processes and reduce administrative burdens for government, business and individuals and make a number of other minor updates and corrections to existing legislation.

The government claims the bill will streamline regulations, reduce administrative burdens and enhance economic productivity by making it easier to do business in Victoria. On this side of the house we are always looking to see a reduction in red tape and an improvement in efficiency to remove that burden from businesses across the state. There is no evidence that this government has done anything but increase regulatory burden. We know that businesses are doing it really tough amid rising costs of doing business. Red tape and regulatory complexity are commonly raised as enormous barriers. Victoria has been labelled the worst jurisdiction in the country to open a new business because of high property taxes, energy costs and the amount of regulatory burden and complex red tape. As an example, cafes, childcare operators and retailers have to apply for more licences here than in any other state. This bill is a missed opportunity to do so much more to support businesses and improve efficiencies.

Part of the bill refers to the Essential Services Commission Act 2001. Currently under the act itself there is no explicit limitation period for commencing civil penalty proceedings. The bill will set a six-year period for the Essential Services Commission to commence civil penalty proceedings. It is understood that through this six-year period the ESC can undertake investigations and commence civil proceedings that are necessary to promote the long-term interests of Victorian consumers and oversee regulated industries across the state. This amendment will see the act being brought in line with other legislative frameworks for regulators who have an enforcement role in commencing and conducting proceedings in relation to civil penalty proceedings.

Another amendment the bill makes is to the Mineral Resources (Sustainable Development) Amendment Act 2023. The minister will be allowed to redact confidential or commercially sensitive information when responding to requests from anyone who has paid the prescribed fee for a copy of a work plan or work plan variation that was registered immediately before the commencement of the new duty-based regime.

Another amendment is to the Environment Protection Act 2017. Under these amendments the Environment Protection Authority Victoria will be allowed to pursue a business or business owner when a vehicle owned by that business has been used to illegally dump waste. I am sure like many other electorates, we are seeing more and more illegal dumping of waste. I have seen in recent times people taking photos of people who are dumping waste in public spaces and posting them to social media. This is basically a name and shame. Often you will find that people dump waste in secluded areas, such as in the bush. We all have a part to play in protecting our natural environment by deterring this type of behaviour.

Currently under the Environment Protection Act the EPA can pursue the owner of a vehicle. I am sure this has been the case for some time; the act itself was first legislated back in 2017. However, the EPA have been restricted in pursuing companies that are deliberately dumping waste as a business practice. So hopefully going forward, after the bill’s passage, the EPA will be able to pursue these companies that seek to go beyond the law and illegally dump waste.

A valid concern about the bill is the expansion of liability for waste management businesses under EPA’s act with minimal consultation with key stakeholders, leaving industry stakeholders uncertain about compliance and potential impacts. This bill will also allow the commissioner for environmental sustainability to undertake paid external work, which raises concerns about conflicts of interest and a potential dilution of the commissioner’s full-time commitment to environmental sustainability.

The bill will also allow for local government across the state to better manage the potential risks posed by dangerous, menacing and restricted breeds of dogs. The bill makes amendments to the Domestic Animals Act 1984 which will require owners of dogs to notify their local council if their dog dies or is relocated. This will ensure that local councils have accurate and current details in order for compliance and enforcement activities. In addition to this amendment, the bill will also simplify the processes involved for individuals and organisations who are required to register their dogs. For example, dog trainers, dog breeders and similar types will be able to request that their registration be revoked and therefore no longer need to pay an annual fee, which addresses an oversight that means currently their registration can be revoked only in cases of non-compliance.

The bill will also clarify the powers of the Secretary of the Department of Families, Fairness and Housing to authorise a principal officer of an Aboriginal agency to exercise their various powers in relation to protective intervention and protection orders or relevant orders with respect to Aboriginal children as well as any of their non-Aboriginal siblings. By the bill making this amendment, it will clarify the intent of previous amendments made to the Children, Youth and Families Act 2005, which authorised an Aboriginal agency to exercise certain powers and functions with respect to Aboriginal children and their non-Aboriginal siblings by deeming them to be a class of children.

These changes are important and needed given the diversity of families and avoid delay to child protection investigations that would result from individual authorisations. I had a very close friend, Aunty Faye Lynam, who was a proud Yorta Yorta woman, who passed away in 2023. Aunty Faye was from the stolen generation, and she had so much compassion and care for out-of-home children. Aunty Faye fostered over 30 Aboriginal and non-Aboriginal children, many out of child protection, and played a significant role in so many children’s and families’ lives. She often said it was a difficult system that had many challenges and needed change.

The second objective of this bill is to promote consistency with other legislation and existing government policies. The bill amends the Service Victoria Act 2018 to address a gap in legislative coverage in Service Victoria’s ability to charge fees for the services it provides to Victorians. Currently Service Victoria charges customer fees where it is required through existing legislation, like applying for a working with children check or paying for car registration. I note that the amendment states that it will not affect fees for existing customer services; however, it does say in the second-reading speech that before any fee can be set there will be mandatory public consultation as part of the regulation-making process, leaving the gate open for imposing fees. The bill does enable government agencies to introduce new fees for services and also removes the ability to issue refunds for certain payments, which could impose additional financial burdens on businesses and individuals.

The bill also amends the Adoption Act 1984 following recommendations from various inquiries and reviews. The Secretary of the Department of Justice and Community Safety will be able to disclose adoption information in response to a court order, subpoena or request from a royal commission. In addition, the amendments made to the Adoption Act will give the secretary access to adoption information held by Births, Deaths and Marriages Victoria. This follows the Assembly’s Legal and Social Issues Committee inquiry back in 2021 into responses to historical forced adoptions in Victoria. Currently the Secretary of the Department of Justice and Community Safety can request access on a case-by-case basis, which creates unnecessary burden.

The bill also amends the Housing Act 1983, and that will save registered housing agencies from being required to provide bank account details to the housing register for inclusion into the register of housing agencies. The Essential Services Commission: through amendments the bill makes to the Electricity Industry Act 2000, the ESC will be enabled to make determinations later in that year. The bill will also remove the requirement of licensees who are authorised to sell electricity to report on how many small renewable energy generation facilities sold electricity to them and how much electricity the licensee bought.

The bill also makes a number of minor updates and corrections to existing legislation. The bill removes several minor technical errors and references to superseded terminology and provisions contained in the Mineral Resources (Sustainable Development) Act 1990 and the Mineral Resources (Sustainable Development) Amendment Act 2023.

In addition, the bill updates the Circular Economy (Waste Reduction and Recycling) Act 2021 to reflect the provisions for which a civil penalty order can be made by the courts to reflect new provisions introduced by the Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022. Just on the circular economy, the container deposit scheme is having a significant impact on my local community. FOOTT Waste’s Shepparton depot continues to lead from the front, being the fifth most popular drop-off location in the state and the second-highest in regional Victoria. I am hoping I am ahead of the member for Pascoe Vale, who also actually raised his significant numbers. After much delay in making this a reality by the government, people are doing their bit for return of investment by recycling their containers for the betterment of the environment.

The bill is wide reaching, covering many different portfolios and various departments and agencies, identifying issues within those departments and seeking some improvement. However, it is very much hit and miss.

Daniela DE MARTINO (Monbulk) (16:49): Bills like this are important. Regulatory legislation amendment bills make sure that we are continuously undertaking regulatory reform so that Victoria is a better place to live, to work and to do business. We are fine-tuning and finessing all the time, and it is important to do so because society changes and legislation needs to change – as does any business. I heard some barbed comments coming from those opposite at times about these changes, but on the whole, there is not a business that thrives or exists well that does not change its policies and procedures, review them, modernise and try to find better ways of doing things. That is exactly what we are doing here, and I think it is really important.

This bill amends 14 acts of Parliament to provide simple, straightforward and uncontroversial improvements to legislation.

The ones that I would like to speak about today are amendments to the Environment Protection Act 2017, amendments to the Adoption Act 1984, amendments to the Domestic Animals Act 1994 and amendments to the Circular Economy (Waste Reduction and Recycling) Act 2021, because I know these will all have an impact – all the changes will have an impact across Monbulk, but these are the ones that are particularly close to me.

The Environment Protection Authority – through this bill should it be passed; we cannot anticipate things – is now going to be able to charge a business or business owner where a vehicle registered to that business has been used to illegally dump waste. It has been interesting to listen to the contributions around the chamber today from all sides, because clearly it is not just in my electorate where this is an issue. But we definitely do have problems with illegal dumping of waste. We have had it in our parks, we have it on our roads. At night when it is dark and sometimes there are not many cars around there are some taking the opportunity to dump not small amounts – this is not coming from someone’s house – these are large quantities from multiple places. Someone is likely making quite a bit of money from dumping that waste in our public areas and our parks and it is appalling.

I have had residents outraged about it and I have been outraged too. I am really pleased that in Wellington Road lots of waste got cleaned up relatively quickly and in Bobs Park the issue has been addressed. All that dumped waste, and we are not just talking about rubble either; we are talking about chemicals, we are talking about asbestos, we are talking about some horrible stuff – it was in the papers last year– has been cleaned up. Bobs Park, which is no longer functioning, has been closed with a hard barrier. They cannot get in there anymore and that is delightful. But what is really great is that if the EPA now catches anyone in a vehicle, by tracking that licence plate they are now able to impose penalties on the business. That is fantastic, because there is no more of a deterrent than thinking you might be on the hook for the money for what is going on. So they should be, because the cost to clean up dumped waste is unbelievable. It is terrible. It is a cost impost that none of us should have to bear. Businesses should be doing the right thing and making sure they manage their waste. This is a great way to ensure that they will think twice about doing what they have been doing up until now.

There is another act that I want to speak about because it is one that is close to my heart, and that is the Adoption Act. I missed the member for Nepean’s contribution, but I heard many speak of it and I have a similar story in my family. My father found out that he was adopted at the age, I think, of about 59. He had long suspected that his father was not his biological father. He was never able to ask his mother because he was worried it would hurt her. But after his mother passed away the truth came out. Although this legislation would not have helped him because he was adopted in another country, back in Italy, I feel real empathy for those who are trying to find their natural relatives and biological relatives because for dad there was a yearning all his life. He felt that his father was not his biological father and did not love him any less when he found out actually. He probably loved him even more because he had been such a beautiful father to him for so many years. But the connection, when he found his relatives back in Italy – we went over there and met them – was astounding. It is where I discovered where my nose is from, and it makes so much more sense now because I saw them all and thought, ‘We are related.’ I ended up with an extra eight aunts and uncles and a multitude of cousins. They were a bit miffed that I was the eldest. I am too because I would have preferred to have probably been a bit younger than someone else, but that is okay. I can manage with that.

But this Adoption Act will make a real difference, and it will impact people’s lives. At first blush, some may go, ‘Oh, regulatory amendments, that can’t be that interesting.’ Well, these changes have an impact and they do make a difference to people’s lives. There are no bells and whistles necessarily with things that have a profound impact, but this really will because this will allow the secretary to comply with a court order to produce documents and court proceedings and from a royal commission, which is currently not permitted. This is the important part that I was talking to: this bill will allow natural relatives to access identifying information about the adopted person to enable them to identify or connect with them, and that is critical. It is important on many levels for people to understand where they have come from, but there is also the big question that can be posed to by doctors when you present: ‘What is your family’s medical history?’ For people who have been adopted, they cannot answer that question without knowing it so this can aid people in that as well.

It is a really important amendment too that will help people impacted by forced adoptions, including stolen generations, to connect with their biological family. There is a yearning. My father had a yearning, and it is a fundamental human need to understand who your people are, where you are from and who you are connected to, and that has been denied to them through absolutely no fault of their own. But there is balance with this too, because the amendments to this act will allow the secretary to refuse to disclose certain formation where they reasonably believe it may jeopardise someone’s life or physical safety or cause them harm, and that is a critical reform which means we can better protect individuals when there is a potential risk of family violence. There has been real careful consideration here, which I am pleased to see.

There are a couple of other changes I want to talk about. I am looking at the clock and I am probably not going to get a chance to talk about the Domestic Animals Act, but I concur with everyone about dangerous dogs. They are an issue. We have all walked somewhere where there is that dog along the fence line who barks and makes your heart jump out of your mouth. The reforms here I think will go quite a way to ensuring that when dangerous dogs move from one LGA into another, we know about it.

The one I really want to talk about is the circular economy, because waste reduction and recycling is quite close to my heart. I have to say we are a bit excited in the hills because we got our first reverse vending machine in Cockatoo only a few weeks ago. It is excellent. We are so excited, because the hills are not conducive to big machines that require a very level surface. It has been wonderful to see this reverse vending machine in Cockatoo, but I have to give a particular shout-out to Emerald SES, because they have one of Return-It’s –

A member interjected.

Daniela DE MARTINO: They are legends at Emerald SES. They have one of the most successful over-the-counter container deposit scheme (CDS) collections in Return-It’s entire catchment. The volunteers at Emerald SES are going gangbusters with this, and here are some of the benefits that perhaps were not anticipated before this was introduced. Not only is the community connecting with their SES more than they ever have before, because they can bring their containers and either donate them or get some money, they have managed to increase their volunteer numbers there, because people have turned up and seen that this is a place they are welcome to visit and that it is open and approachable. There are friendly faces ready to collect their bottles and their cans and give them some money for them or accept the donation for themselves, and people are feeling more connected in that community with Emerald SES. They were legends before they started this, and they are even more legendary now for what they have been doing there. They are an absolute success story, and it has been wonderful to see, so I have got to say this regulatory amendment bill is fundamentally important on so many levels.

Obviously talking about the CDS makes me very excited, but the Adoption Act, which I was speaking about previously – before you were in the chair, Speaker – is quite significant. It really will change people’s lives – those affected, those who have been adopted or are related to people who have been adopted. If my father’s family back in Italy had had the chance to track him down through legislation like this, his story and his journey would have been rather different, and he would have probably been able to meet his own biological father before he himself passed away. That was the tragedy in Dad’s story; he never got to meet him. But that is how I know that this will have a significant impact on many, and I commend this bill to the house.

Annabelle CLEELAND (Euroa) (16:59): Thank you, Speaker, for coming in to listen to my groundbreaking contribution on the Regulatory Legislation Amendment (Reform) Bill 2025, another of this government’s omnibus bills that makes serious changes to various acts. The majority of these are administrative, so I will not go into great detail, although I would have loved to.

Members interjecting.

Annabelle CLEELAND: Come on in, guys, because some of the changes include how the EPA can penalise those who dump waste. This is a big topic for most of us. My office has heard from so many constituents about an increase in rubbish being dumped along roadsides and outside properties as well as issues accessing landfills across the electorate. All it takes is a look at some of our region’s community noticeboards to see the issue. Seymour, Kilmore, Euroa – it does not matter what town you look at, issues with rubbish and a lack of accountability to clean it up is a problem in our towns. This comes as –

The SPEAKER: Order! The time set down for consideration of the remaining items on the government business program has arrived, and I am required to interrupt business.

Motion agreed to.

Read second time.

Third reading

Motion agreed to.

Read third time.

The SPEAKER: The bill will now be sent to the Legislative Council and their agreement requested.