Thursday, 15 August 2024

Bills

Prahran Mechanics’ Institute Repeal Bill 2024

Introduction and first reading

The PRESIDENT (01:44): I have a message from the Assembly on the Prahran Mechanics’ Institute Repeal Bill 2024:

The Legislative Assembly presents for the agreement of the Legislative Council ‘A Bill for an Act to repeal the Prahran Mechanics’ Institute Act 1899, to dissolve the Prahran Mechanics’ Institution and Circulating Library incorporated and to provide for the transfer of property, rights and liabilities of that entity to the PMI Victorian History Library Inc., and for other purposes.’

Harriet SHING (Eastern Victoria – Minister for Housing, Minister for Water, Minister for Equality) (01:45): I move:

That the bill be now read a first time.

Motion agreed to.

Read first time.

Harriet SHING: I move, by leave:

That the second reading be taken forthwith.

Motion agreed to.

Statement of compatibility

Harriet SHING (Eastern Victoria – Minister for Housing, Minister for Water, Minister for Equality) (01:45): I lay on the table a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006:

Opening paragraphs

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the Charter), I make this Statement of Compatibility with respect to the Prahran Mechanics’ Institute Repeal Bill 2024 (the Bill).

In my opinion, the Bill, as introduced to the Legislative Council, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.

Overview

The purpose of the Bill is to repeal the Prahran Mechanics’ Institute Act 1899, dissolve the Prahran Mechanics’ Institution and Circulating Library (PMI Circulating Library) incorporated established by the Prahran Mechanics’ Institute Act 1899 and provide for the transfer of property, rights and liabilities to the Prahran Mechanics’ Institute’s successor body, the PMI Victorian History Library Inc, which is an incorporated association under the Associations Incorporation Reform Act 2012.

Human Rights Issues

Human rights protected by the Charter that are relevant to the Bill

Right to property

The Bill provides for the repeal of the Prahran Mechanics’ Institute Act 1899 and all property, rights and liabilities held, by the Prahran Mechanics’ institute are to be transferred to the PMI Victorian History Library Inc as the successor body.

Additionally, clause 7 of the Bill provides for the employment of persons employed by the PMI Circulating Library, including any accrued entitlements, to be transferred to the PMI Victorian History Library Inc, on the same terms and conditions immediately before the repeal. This transfer does not prevent any of the terms and conditions of a transferred employee from being altered by or under any law, award or agreement after the repeal of the Act.

In this regard, the Bill acts to preserve all existing property, right and liabilities, including the entitlements of employees transferred from the Prahran Mechanics’ Institute to its successor body.

I consider that the Bill is compatible with the Charter because it does not limit any rights under the Charter.

Hon Lizzie Blandthorn MP

Minister for Children

Minister for Disability

Second reading

Harriet SHING (Eastern Victoria – Minister for Housing, Minister for Water, Minister for Equality) (01:45): I move:

That the bill be now read a second time.

Ordered that second-reading speech be incorporated into Hansard:

The Prahran Mechanics’ Institute Repeal Bill 2024 will repeal the Prahran Mechanics’ Institute Act 1899, dissolve the Prahran Mechanics’ Institution and Circulating Library incorporated and transfer the property, rights and liabilities held by the Prahran Mechanics’ Institute to its successor body, the PMI Victorian History Library Inc.

The Prahran Mechanics’ Institute is a community owned and run library, specialising in Victorian history. It is a place for learning, research, knowledge-sharing and community engagement and is a vital source of research materials and education for historians and those with a passion for learning more about our State.

To engage with the local and wider community, the library runs talks, lectures and workshops and holds exhibitions to showcase the remarkable collection and facilitate the study of Victorian history.

The Prahran Mechanics’ Institute is also where the collections of the Mechanics’ Institutes of Victoria, the Cinema and Theatre Historical Society and the Victorian Railway History Library are housed.

The Prahran Mechanics’ Institute is Victoria’s second oldest library, celebrating 170 years in February 2024. It is also the only mechanics’ institute in Victoria governed by its own Act of Parliament.

The decision was taken in 1899 to transfer Prahran Mechanics’ Institute from the previous trustees to a body established for its proper administration due to concerns about mismanagement, the poor state of the library and buildings and the reduction in membership to only 10 members.

As a result of this history, the Prahran Mechanics’ Institute Act 1899 does not provide the governing committee with the powers to make financial decisions in the best interests of their members. The Act has required amendment each time the committee has sought to purchase or sell land or change the composition of the committee.

A lot has changed since the Act was introduced, and I am pleased to say that the current PMI Library Board has strong ties to the community and robust governance arrangements in place. Last year, over 4,000 people visited the library and over 500 people attended the events or programs the Prahran Mechanics’ Institute runs.

What is clear is that it is no longer appropriate or necessary for the Prahran Mechanics’ Institute to be bound by legislation that restricts its activities.

Its successor body, the PMI Victorian History Library Inc is an incorporated association under the Associations Incorporation Reform Act 2012 and has a constitution in place to guide the board going forward.

I would like to take this opportunity to acknowledge and thank the current PMI Library Board for the work they are doing:

• Ms Judith Ellis (President)

• Mr Denys Correll (Vice President)

• Mr Michael Tonta (Secretary)

• Mr Ben Quin, CPA

• Dr Michelle Cleary

• Ms Carmel O’Keeffe

I would also like to acknowledge the contribution of previous committee members, as well as the staff and volunteers who have worked tirelessly to restore the Prahran Mechanics’ Institute to its former glory and ensure that it has an enduring place in our community.

This Bill will ensure that the Prahran Mechanics’ Institute can continue to operate as an incorporated association and can continue to fund its operations, modernise and adapt to meet the needs of the community and the historical associations that call the Prahran Mechanics’ Institute home.

I commend the Bill to the house.

Georgie CROZIER (Southern Metropolitan) (01:45): I move:

That debate on this bill be adjourned for one week.

Motion agreed to and debate adjourned for one week.