Thursday, 20 February 2025

Regulatory Legislation Amendment (Reform) Bill 2025

Introduction and first reading

The ACTING PRESIDENT (John Berger) (17:37): I have received the following message from the Legislative Assembly:

The Legislative Assembly presents for the agreement of the Legislative Council ‘A Bill for an Act to amend the Adoption Act 1984, the Births, Deaths and Marriages Registration Act 1996, the Children, Youth and Families Act 2005, the Circular Economy (Waste Reduction and Recycling) Act 2021, the Commissioner for Environmental Sustainability Act 2003, the Domestic Animals Act 1994, the Electricity Industry Act 2000, the Environment Protection Act 2017, the Essential Services Commission Act 2001, the Housing Act 1983, the Mineral Resources (Sustainable Development) Act 1990, the Mineral Resources (Sustainable Development) Amendment Act 2023, the Service Victoria Act 2018, the Subdivision Act 1988, the Transfer of Land Act 1958 and the Water Act 1989 and for other purposes.’

Gayle TIERNEY (Western Victoria – Minister for Skills and TAFE, Minister for Water) (17:38): I move:

That the bill be now read a first time.

Motion agreed to.

Read first time.

Gayle TIERNEY: I move, by leave:

That the second reading be taken forthwith.

Motion agreed to.

Statement of compatibility

Gayle TIERNEY (Western Victoria – Minister for Skills and TAFE, Minister for Water) (17:38): I lay on the table a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility for the Regulatory Legislation Amendment (Reform) Bill 2025.

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 Bill amends laws across a range of ministerial portfolios to:

• support efficient and effective regulation

• promote consistency with other legislation and existing policies

• reduce the administrative burden of regulation, and

• address technical errors and make minor updates.

The proposals contained in the Bill are summarised below:

1. The Bill seeks to amend the following Acts to support effective and efficient regulation:

a. Essential Services Commission Act 2001 to explicitly provide a limitation period of 6 years from the date on which a contravention occurred for the Essential Services Commission (ESC) to begin civil penalty proceedings.

b. Domestic Animals Act 1994 to:

i. re-instate some penalty provisions to allow local council officers to issue fines (infringement notices) for offences relating to seized dogs or cats, and

ii. require owners of dangerous, menacing or restricted dog breeds to notify their local council if the dog has moved residence, or died.

c. Children Youth and Families Act 2005 to allow for an authorisation to be made in relation to a class of non-Aboriginal children and to clarify that non-Aboriginal siblings may form part of the same class of children along with their Aboriginal siblings pursuant to an authorisation by the Secretary under section 18 of that Act thereby enabling the principal officer of an Aboriginal agency to exercise the authorised powers and functions of the Secretary

d. Mineral Resources (Sustainable Development) Act Amendment 1990 to ensure confidentiality of commercially sensitive information in work plans or work plan variations registered immediately before the commencement of the new duty based regime as introduced by that Amendment Act is maintained

e. Adoption Act 1984 to allow the Secretary:

i. to refuse to disclose certain information, where they reasonably believe it may jeopardise someone’s life, physical safety, or place them at risk of harm, and

ii. discretion not to notify or seek a person’s agreement to disclosure of information, where the disclosure or notification may increase the risk of harm to a person.

f. Environment Protection Act 2017 to:

i. require that notices that a registration for a certain prescribed authority has been revoked clearly provide the date from which the revocation takes effect

ii. allow the Environment Protection Authority (EPA) to charge a business/business owner, where a vehicle registered to that business has been used to illegally dump waste, and

iii. clarify that a notice or order applies to the officer of a body corporate at the time that it was issued, and not persons who became officers after the notice/order was issued.

2. The Bill seeks to amend the following Acts to promote consistency with other legislation and existing policies:

a. Service Victoria Act 2018 to allow Service Victoria to charge fees for its services

b. Transfer of Land Act 1958 to:

i. remove an outdated reference to paper-based conveyancing transactions and other redundant provisions

ii. permit the collection of fees without being limited to cost recovery in line with Victoria’s Pricing for value guidelines

iii. clarify that the forfeiture of fees applies in all cases when an instrument is subsequently withdrawn, refused or rejected after lodgement

iv. remove the ability to pay a half fee (or claim a refund on a full fee) for instruments that have been relodged following withdrawal, refusal or rejection

v. ensure that the list of matters on which the Registrar can determine requirements for conveyancing transactions is not limited and that regulations made under the Transfer of Land Act 1958 may apply, adopt or incorporate third party documents, and

vi. clarify the application of provisions relating to assurance contributions.

c. Subdivision Act 1988 permitting fees in line with Pricing for Value guidelines, consistent with changes proposed to the Transfer of Land Act 1958

d. Adoption Act 1984 to:

i. enable the Secretary to comply with a court order to produce documents in litigation, or notice from a Royal Commission to produce documents

ii. enable the Secretary to access certain adoption-related records from Births, Deaths and Marriages (BDM), and

iii. allow natural relatives, such as siblings, to access identifying information about the adopted person to enable them to identify or connect with them.

e. Mineral Resources (Sustainable Development) Amendment Act 2023 to include an additional ground for cancelling an extractive industry work authority (EIWA), consistent with grounds for cancelling a minerals licence, and

f. Commissioner for Environmental Sustainability Act 2003 to allow the Commissioner for Environmental Sustainability to undertake paid duties outside their role as Commissioner, with the approval of the Minister.

3. The Bill will streamline processes and reduce the administrative burden for businesses, departments, agencies and regulators by amending the following Acts:

a. Housing Act 1983 by removing the requirement for registered agencies to provide all bank account details to the Housing Registrar

b. Electricity Industry Act 2000 by improving the timing of ESC feed-in tariff decisions and removing reporting requirements for licenced electricity sellers and the Minister

c. Mineral Resources (Sustainable Development) Amendment Act 2023 to remove an unnecessary regulatory requirement for the Department Head to notify the Secretary of the Department of Energy, Environment and Climate Action of activity that is not a leviable event under the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020

d. Domestic Animals Act 1994 to:

i. allow for certain organisations to have their registrations and approval removed at their request, and

ii. to require declared bird organisations to apply for a renewal of application 60 days prior to the end date of any active approval to allow sufficient time for consideration of the renewal application before the active renewal lapses

e. Environment Protection Act 2017 to:

i. simplify the process for the EPA to release a financial assurance (similar to a security deposit) to the duty holder, where the financial assurance will be returned in full, and

ii. simplify procedures of the EPA’s board, and provide greater flexibility in appointments to the EPA’s board.

f. Water Act 1989 to:

i. allow the Minister to set a date by which the Victorian Environmental Water Holder must submit a Corporate Plan, providing necessary flexibility in reporting dates, and

ii. allow water corporations to serve notice of a board meeting by electronic means.

4. The Bill will correct technical errors and make minor updates to legislation, by amending the:

a. Mineral Resources (Sustainable Development) Act 1990 (‘the MRSDA’) to:

i. remove references to repealed provisions

ii. remove references to the ‘mining registrar’ to clarify who is responsible for establishing and maintaining the mining register.

b. Mineral Resources (Sustainable Development) Amendment Act 1990 (‘the MRSDAA’) to correct an error specifying when the new duty-based regime commences

c. Domestic Animals Act 1994 to remove references to section 45A, which has been repealed

d. Environment Protection Act 2017 to:

i. clarify that the EPA can consider both actual and potential costs of any remediation or clean-up when considering whether to release a financial assurance, and

ii. replace the current two term limit for EPA board members with a cumulative limit of ten years, and

e. Circular Economy (Waste Reduction and Recycling) Act 2021 to update the list of provisions for which a civil penalty order can be made by the court, to reflect new provisions introduced by the Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 which are already in force.

Human rights issues

Some of the proposed amendments will engage one or more of the following human rights under the Charter:

• recognition and equality before the law (section 8);

• right to life (section 9);

• freedom of movement (section 12);

• privacy and reputation (section 13);

• freedom of expression (section 15);

• taking part in public life (section 18);

• protection of families and children (section 17);

• right to liberty and security of person (section 21);

• fair hearing (section 24); and

• rights in criminal proceedings (section 25).

For the following reasons, I am satisfied that the Bill is compatible with the Charter and, to the extent that any rights are limited, those limitations are reasonable and demonstrably justified in a free and democratic society having regard to the factors in section 7(2) of the Charter.

Right to life

Section 9 of the Charter provides that every person has the right to life and has the right not to be arbitrarily deprived of life. This right is engaged by the following proposed amendments.

Part 6 of the bill proposes the expansion of circumstances requiring council notification under the Domestic Animals Act 1994 to include the death or change of address of a ‘dangerous dog’, ‘menacing dog’ or ‘restricted breed dog’. Currently, councils are not informed if a dog under one of these categories dies, and therefore are not aware of how many are living in a municipality at any one time. Furthermore, some owners of dangerous, menacing or restricted breed dogs are refusing to provide new addresses when they move, as they are only required to notify that they have moved, and councils are unable to ensure that appropriate keeping requirements are followed at the new address. While it is a rare occurrence, fatalities can result from dog attacks, and therefore the introduction of this amendment would promote the right to life as it supports local government’s ability to ensure appropriate precautions are taken for keeping dangerous, menacing or restricted breed dogs to minimise safety risks.

The other proposal which engages section 9 is the amendment to provide discretion for the Secretary under the Adoptions Act 1984 to refuse disclosure where disclosure would, or would be reasonably likely to, endanger any person’s life and physical safety, or put them at risk of harm (including family violence). This amendment may promote the right to life, and to not be arbitrarily deprived of life, as it allows the Secretary to refuse to provide information when this may endanger a person’s life, for instance where there is a family history of abuse, and prevent potentially dangerous persons gaining access to an adopted individual.

Accordingly, this bill is consistent with the right to life.

Freedom of movement

Section 12 of the Charter provides that every person who is lawfully within Victoria has the right to move freely within Victoria and has the freedom to choose where to live. As an extension to this right, an individual should not be subject to restrictions or procedures when moving throughout Victoria.

The proposed amendment to require council notification of a new address following a move by the owners of a dog which is dangerous, menacing, or a restricted dog breed could be construed as restricting certain individuals’ right to freedom of movement. Part 6 of this bill would require owners of these dogs to notify the council of their new location, which engages section 12 of the Charter.

This limitation on the freedom of movement is reasonable and proportionate to the safety risks involved in keeping a dangerous, menacing or restricted dog breed. The proposed measure will enable local governments to ensure that appropriate keeping measures are taken by the owners of dangerous, menacing or restricted dogs to prevent such dogs from escaping and from harming persons in the surrounding areas. This protects the right to life and the right to security of person.

As such, the potential restrictions to freedom of movement are reasonable and proportionate.

Accordingly, the Bill is consistent with the right to freedom of movement.

Privacy and reputation

Section 13 of the Charter provides that a person has the right to not have their privacy, family, home or correspondence unlawfully or arbitrarily interfered with. This includes the collection of personal information by public authorities and applies to extended family and other family arrangements such as foster care or legal guardianships.

The Bill’s proposed measure in Part 6 to require council notification of a new address following a move by the owners of a dog which is dangerous, menacing, or a restricted dog breed may limit the right to privacy due to the collection of personal information, in this case the dog owner’s current address, by councils. However, it is necessary and justified to impose this minor limitation. Not doing so will impinge on the rights of others with regards to the safety of persons in the community, and this information is not proposed to be made public. It is an appropriate measure as it serves the purpose of enabling local governments to ensure proper precautions have been taken by the owners of dangerous, menacing or restricted dogs, promoting the rights to life and security of persons in the community.

Part 2 of the Bill proposes to amend the Adoption Act 1984 to give the Secretary access to certain adoption-related records held by Births, Deaths and Marriages (BDM) where access enables the Secretary to carry out their functions under the Act. The Secretary is responsible for providing access to information about past historical adoptions but the Act limits adoption information available to the Secretary unless the Secretary makes an application under Part VI of the Act. This is problematic for applications with incomplete or inaccurate information, as happens frequently in Stolen Generations adoptions. This requires two departments to email repeatedly to identify the correct entry in the Register of Adoptions. The proposal would enable the Registrar to share copies of the Register of Adoptions and related indexes prior to 2019, all Adoption Orders prior to 2019, and court records of adoption orders in the Registrar’s possession. This amendment would potentially limit the right to privacy as it reduces barriers for Adoption Services Victoria to accessing adoption information.

This limitation is reasonable and justified in the circumstances. The proposed measure facilitates the information sharing that is already occurring between Victorian Government agencies, which is consistent with Information Privacy Principles – this will mean sharing between agencies is less cumbersome, not on a piecemeal basis and reduce delays for families waiting for information. This is important given the distress caused by Stolen Generations adoptions and is consistent with cultural rights by facilitating kinship connections.

Part 2 of the Bill would allow natural relatives (e.g. siblings, aunts, uncles, grandparents) to access identifying information under the Adoption Act 1984 about the adopted person to enable them to identify or connect with the adopted person or family (adopted name, DOB, names of natural parents, and adoption date). This would pose a potential limitation on the right to privacy, as the government would be making certain personal information belonging to adopted persons available to others.

This restriction on the right to privacy is reasonable and proportionate as it promotes cultural rights in enabling individuals to enjoy their identity and community and maintain their kinship ties. This also relieves the current discretionary system of providing information, which is a considerable burden on the resources of the Department of Justice and Community Safety. Furthermore, Part 2 of this bill will ensure that the Secretary retains the discretion to refuse disclosure where there is reasonable likelihood that it would endanger a person’s life, physical safety, or place them at risk of harm.

As such, the potential limitations are reasonable, necessary, justified and proportionate in the circumstances.

Accordingly, the Bill is consistent with the right to privacy and reputation.

Freedom of expression

Section 15(2) of the Charter provides that every person has the right to freedom of expression, which includes the freedom to seek, receive and impart information of all kinds. Therefore, this imposes a responsibility on the government to provide such information sought by a person unless there are reasonable grounds for limiting this right. The following parts of the Bill engage freedom of expression.

Part 12 of the Bill proposes to introduce power for Service Victoria to charge fees for its services under the Service Victoria Act 2018. As with existing fees, any new fees for specific services would be set in regulations which will be consulted on. Depending on the fees and charges that are prescribed, this has the potential to restrict persons’ right to freedom of expression as it may stand as a barrier to seeking and receiving government services provided by Service Victoria, particularly in instances where a person is experiencing financial hardship. However, this limitation is a justified one. It would align the Service Victoria Act 2018 with Victoria’s Pricing for value guidelines, which are aimed at improving government efficiency, equity, and fiscal sustainability.

Furthermore, this proposed measure allows for flexibility to reduce or waive fees in specific circumstances such as financial hardship, and provide differential fees or charges based on concession entitlements. With these allowances, the use of fees is not intended to prevent individuals experiencing financial hardship from receiving information provided through Service Victoria’s services.

Potential impacts of new fees on individuals will be considered in the development of future fee-setting regulations, which will be subject to consultation and a Regulatory Impact Statement process. This proposal will ensure the sustainability of Service Victoria’s service offerings, and support equitable expanded services, which ultimately seek to improve citizen engagement with government, businesses and other entities.

Parts 13 and 14 of the Bill propose to amend section 120(2)(b) and (c) of the Transfer of Land Act 1958 and section 43 of the Subdivision Act 1998 to permit the collection of fees without being limited to cost recovery. This may pose a limitation to the right to freedom to seek and receive information, as it increases the cost barrier to exchanging information critical to land transactions and development. This limitation is justifiable in aligning the Act with Victoria’s Pricing for value guidelines, which are intended to improve equitable access, government efficiency, and sustainable funding.

The flexibility to charge fees enables fees to reflect the value to customers of the service provided (that is, the value of accessing Victoria’s secure and reliable Torrens system of title by registration, which has undergone multiple enhancements in recent years to improve user experience and security). Victoria’s Pricing for value guidelines recognise that fees may go beyond just cost recovery to allow government agencies to innovate and better serve the community – and from a human rights perspective, this can promote public trust and confidence in exchanging information using the Torrens system. These principles also support the charging of fees below cost recover if there are good policy reasons. The Registrar, in setting fees (and exemptions or reductions) as part of future fees regulations will be taking these considerations into account.

As such, the potential limitations are reasonable, necessary, justified and proportionate in the circumstances.

Accordingly, the Bill is consistent with the right to freedom of expression.

Protection of families and children

Section 17 of the Charter recognises the family unit as a fundamental part of our society. It also recognises that children may need particular protection, to ensure the way they are treated is in their best interests.

Part 3 of the Bill seeks to correct the drafting of section 18 of the Children, Youth and Families Act 2005, to allow principal officers of Aboriginal agencies to undertake various powers and functions for the Secretary as a protective intervener or in relation to a protection order or relevant order where required. This engages the right to protection of families and children and will promote this right as it enables care for Aboriginal children to remain with Aboriginal agencies. This is a consideration which promotes taking into account an individual child’s best interests, particularly with regard to the importance of extended family and kinship ties.

For the reasons above, the Bill is consistent with the protection of families and children.

Taking part in public life

Section 18(2)(b) of the Charter provides that every person has the right, and is to have, without discrimination, the opportunity to access the public services provided by the Victorian government on general terms of equality. This right is engaged by the following proposals in the Bill.

Part 12 of the Bill proposes to introduce a power for Service Victoria to charge fees for its services under the Service Victoria Act 2018. As with existing fees, any new fees for specific services would be set in regulations. Depending on the fees and charges that are prescribed, this is a potential limitation on the right to taking part in public life, as the introduction of fees introduces a barrier which may discourage persons accessing services offered by Service Victoria. However, this limitation is a justified one. It would bring Service Victoria into alignment with Victoria’s Pricing for value guidelines , and the benefit of government efficiency, equity, and fiscal sustainability.

Furthermore, this proposed measure would allow for flexibility to reduce or waive fees in specific circumstances such as financial hardship, and provide differential fees or charges based on concession entitlements. With these allowances, the introduction of fees is not an insurmountable barrier to individuals experiencing financial hardship accessing government services. The appropriate fees, concessions and exemptions will be consulted on as part of the development of future fee-setting regulations.

The Bill, in Parts 13 and 14, includes proposals to amend section 120(2)(b) and (c) of the Transfer of Land Act 1958 and section 43 of the Subdivision Act 1998 to permit the collection of fees without being limited to cost recovery. This has the potential to limit the right of persons to access public services provided by the government, as ability to increase fees beyond costs may present a barrier to individuals experiencing financial hardship. This potential limitation on the right to access is necessary to align with Victoria’s Pricing for value guidelines, which promotes equitable access to services, efficiency and financial sustainability. The principles of this pricing guide also support the charging of fees below the amount for cost recovery if there are good policy reasons to do so, for instance to enhance access for low-income groups.

As such, the potential restrictions to the right to take part in public life and access public services are necessary, justifiable, reasonable and proportionate.

Accordingly, the Bill is consistent with the right to taking part in public life.

Cultural rights

Section 19 of the Charter provides for the protection of cultural rights, meaning that persons of a particular cultural, linguistic, religious or racial background must not be denied the right to practice their culture, religion and languages in community with others of the same background. Section 19(2) also recognises the distinct cultural rights of Aboriginal persons, who must not be denied the ability to enjoy their identity and culture, maintain their languages and kinship ties, and maintain their distinctive spiritual, material and economic relationship with the land and waters and other resources with which they have a connection under traditional laws and customs. This right is engaged by the following amendments.

Part 3 of the Bill proposes to correct the drafting of section 18 of the Children, Youth and Families Act 2005. This is intended to allow principal officers of Aboriginal agencies to undertake various powers and functions for the Secretary as a protective intervener and in relation to protection order or relevant order powers and functions where required by making it clear that these functions can be undertaken with respect to an entire sibling group where Aboriginal children are in a family with non-Aboriginal siblings. This amendment avoids delays to protective intervention that would result from separate authorisations, and promotes cultural rights by enabling Aboriginal children, where the government intervenes, to be in the care of First Nations agencies, maintaining the children’s ties to their siblings, cultural heritage and communities.

The proposed measure in Part 2 of the Bill would give the Secretary access to certain adoption-related records held by Births, Deaths and Marriages (BDM) where access enables the Secretary to carry out their functions under the Act, particularly with regard to applications for information on historical adoptions where there is missing or incomplete information, which occurs frequently with the Stolen Generations adoptions. This proposal would promote cultural rights, particularly for Aboriginal persons, by enabling the process through which individuals may re-establish their cultural identity and kinship ties which they were denied as part of or descendants of the Stolen Generations.

Part 2 of the Bill would allow natural relatives (e.g. siblings, aunts, uncles, grandparents) to access identifying information under the Adoption Act 1984 about the adopted person to enable them to identify or connect with the adopted person or family (adopted name, DOB, names of natural parents, and adoption date). This amendment has the potential to promote the cultural rights of adopted persons and their relatives, enabling their access to their cultural background, and in the case of Aboriginal persons, the ability to reassert kinship ties.

Accordingly, the Bill is consistent with the right to protection of cultural rights under section 19, and with the distinct cultural rights of Aboriginal persons under section 19(2).

Right to liberty and security of person

Section 21 of the Charter provides for the right to liberty and security of person, meaning the government must provide reasonable measures to protect a person’s physical security. Certain parts of the Bill engage this right.

Part 6 of the Bill proposes an amendment requiring individuals to give councils notification of a new address following a move by the owners of a dog which is dangerous, menacing, or a restricted dog breed or the death of a dog which falls under one of these categories. This amendment would promote the right to security of person as it enables local government to ensure that the appropriate measures have been taken to minimise the safety risks to the security of individuals posed by an escaped dangerous, menacing or restricted breed dog.

The proposed measure in Part 2 of the Bill to provide discretion for the Secretary under the Adoption Act 1984 to refuse disclosure where disclosure would, or would be reasonably likely to, endanger any person’s life or physical safety. This has the potential to promote the right to security of person as it empowers the Secretary to take measures to prevent threats to the safety of individuals which might arise from disclosure of their information to others. Accordingly, the Bill is consistent with the right to liberty and security of person.

Right to a fair hearing and rights in criminal proceedings

Section 24 of the Charter provides that a defendant charged with a criminal offence or a party to a civil proceeding has the right to have the charge or proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing. Section 25 of the Charter provides for a variety of rights of persons in criminal proceedings ensuring minimum guarantees for matters of due process and treatment of individuals by the judicial system and government.

Part 9 of the Bill proposes amending the Essential Services Commission Act 2001 (ESC Act) to explicitly provide a six-year period during which a civil proceeding in relation to the contravention of a civil penalty requirement may be commenced, regardless of whether the contravention occurred before or after the commencement of these amendments. This is to remove any doubt as to the application of the two-year time period provided for in section 5(5) of the Limitation of Actions Act 1958 to the ESC Act.

This proposal to provide an explicit time frame is consistent with the time frame provided for in legislation administered by other regulators who enforce civil penalty regimes. The Essential Services Commission’s timeframe may impact a person’s implied right to a reasonably expeditious hearing, and therefore may impact their right to a fair trial. Although the effect of Part 9 places an additional burden on respondents in civil proceedings by extending the time the Essential Services Commission may have to prepare its claim, I consider the limitation reasonable and justified as the extension is only for four years. While there is a transitional impact that may reduce certainty for regulated parties about the likely prospect of a legal proceeding against them for proceedings that occurred up to two years before commencement, the proposal does not change what behaviour is contrary to law, and is necessary to ensure that the Essential Services Commission can properly conclude investigations already underway.

Any impact on this right to a fair trial is balanced by the underlying intention of the amendment to ensure the Essential Services Commission has sufficient time to conduct investigations, or for possible contraventions to come to light, before commencing proceedings. A six-year limitation period would ensure the Essential Services Commission’s investigations and civil proceedings are viable, which may lead to positive outcomes for regulated entities and consumers as the Essential Services Commission could effectively regulate certain markets and entities. A six-year time period is also appropriate and consistent with other regulators enforcing civil penalty provisions. Accordingly, the Bill is compatible with the right to a fair hearing under section 24 of the Charter.

Part 2 of the Bill proposes to amend the Adoption Act 1984 to enable the Secretary to comply withs a court order to produce documents in litigation or notice from a Royal Commission to produce documents – Part VI of the Adoption Act establishes a strict regime for access to adoption records which restricts the Secretary from disclosing adoption information even with a court order or subpoena. This proposed amendment would indirectly promote the right to a fair hearing as it removes a potential impediment to the administration of justice and allows a party to a proceeding to have relevant information be included in the considerations of a hearing.

Part 8 of the Bill is a proposal to amend the Environment Protection Act 2017 to enable the EPA to utilise its discretion to charge a business and/or the business owner where the EPA believes that the business should be held responsible for larger scale deposit of waste, even where the driver is able to be charged. Currently, section 116(5) provides that a court must not find a registered owner or authorised user guilty of an offence for depositing waste from a vehicle unless it is not possible to charge the driver for the offence. The current provision is appropriate for small-scale littering from a vehicle but not larger-scale deposit of waste where the business and/or the business owner is typically the registered owner or authorised user of company vehicles.

It is not the policy intent that both the driver and the business owner be charged, and the requirement to not find multiple people guilty of an offence remains. To the extent that this proposal indirectly engages the right to a fair hearing or rights in criminal proceedings, it is consistent with the underlying intentions of these rights and the rule of law by ensuring that the business, rather than the individual (the driver), is pursued where that is more appropriate and where the offending conduct should be attributed to the business.

Part 8 of the Bill proposes a measure in the Environment Protection Act 2017 regarding the assignment of obligations to officers of an entity which received an environmental action notice or site management order, so as to apply to officers at the time the notice/order was issued. This is to ensure that officers cannot avoid their obligations by winding up companies. To the extent that this proposal indirectly engages the right to a fair hearing or rights in criminal proceedings, it promotes these rights and is consistent with the underlying intention of these rights and the rule of law by ensuring that legal obligations are only imposed on the relevant party.

Accordingly, the Bill is consistent with the right to a fair hearing and with rights in criminal proceedings.

Hon Jaclyn Symes MP

Treasurer

Minister for Industrial Relations

Minister for Regional Development

Second reading

Gayle TIERNEY (Western Victoria – Minister for Skills and TAFE, Minister for Water) (17:39): I move:

That the bill be now read a second time.

Ordered that second-reading speech be incorporated into Hansard:

The Regulatory Legislation Amendment (Reform) Bill 2025 (the Bill) before the House today demonstrates the Victorian Government’s commitment to improving the lives of Victorians by undertaking the difficult, unglamorous, but ultimately vital work of ongoing regulatory reform. Regulatory reform contributes to increased economic productivity, makes it easier to do business in Victoria, and protects consumers, community health and safety and the environment.

Annual regulatory omnibus bills help ensure that Victoria has a modern, adaptive and fit-for-purpose regulatory system. This particular Bill, following on from the Regulatory Legislation Amendment (Reform) Act 2023 (and a similar 2022 Act), is an example of collaborative efforts across government to identify and make incremental improvements to the current Victorian regulatory system. This Bill includes almost forty proposals across 14 different Acts – and ten ministerial portfolios. The Bill has many more benefits which can be found across the four main objectives of the Bill.

Firstly, the Bill will support effective and efficient regulation.

Currently, under the Essential Services Commission Act 2001 (the ESC Act) there is no explicit limitation period for commencing civil penalty proceedings. The Bill sets a six-year period for the Essential Services Commission (ESC) to commence civil penalty proceedings. This will ensure that the ESC can undertake investigations and commence civil proceedings that are necessary to promote the long-term interests of Victorian consumers and properly oversee regulated industries in Victoria. This is consistent with the legislative framework of other regulators who have an enforcement of commencing and conducting proceedings in relation to civil penalty provisions.

Local governments will be able to better manage the potential risks posed by dangerous, menacing and restricted breeds of dogs. Amendments to the Domestic Animals Act 1994 requiring the owners to notify local governments if the dog dies or is relocated will ensure that local councils have accurate, current details to inform compliance and enforcement activities.

The Bill will clarify the ability 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 order or relevant orders, with respect to Aboriginal children as well as any of their non-Aboriginal siblings. This clarifies 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 necessary given the diversity of families, and avoids delays to child protection investigations that would result from individual authorisations.

The Bill will amend the Mineral Resources (Sustainable Development) Amendment Act 2023 to allow the Minister 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 as introduced by that Amendment Act. This ensures transparency and accountability, while also protecting legitimate commercial interests.

Public officials will be empowered to better protect members of the community, with amendments to the Adoption Act 1984 allowing the Secretary of the Department of Justice and Community Safety to not disclose certain adoption information where they believe it may increase the risk of harm to another person, including family violence. Further amendments will allow the Secretary to not notify or seek consent from a party, thereby ‘alerting’ a person, in certain cases where a request for adoption information is received, and where the Secretary believes this action would increase a risk of harm.

The Environment Protection Authority (EPA) will be better able to target its regulatory and enforcement activities due to changes to the Environment Protection Act 2017. Firstly, amendments will allow the EPA to pursue a business or business owner, where a vehicle owned by that business has been used to illegally dump waste. Currently, the EPA can pursue the owner of a vehicle only when it is unable to identify the driver of a vehicle. This means the EPA is unable to pursue companies that are deliberately and systemically dumping waste as a business practice, often in large quantities. Secondly, amendments will mean that environmental action notices and site management orders will apply to officers of bodies corporate at the time the notice or order was issued, meaning that officers cannot avoid their obligations by winding up companies. Lastly, notices relating to the revocation or surrender of registrations will be required to contain the date from which the revocation takes effect.

The second objective of the Bill is to promote consistency with other legislation and existing government policies.

The Bill will amend 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. Service Victoria currently charges customer fees where required through existing legislation, such as applying for a working with children check, getting a recreational fishing licence, or paying car registration. The amendments will ensure Service Victoria has the flexibility to deliver new value-added services to customers under the Service Victoria Act, backed by appropriate charging in line with Victoria’s Pricing for value guidelines. The amendments will not affect fees for any existing customer services. Before any fee can be set, there will be mandatory public consultation as part of the regulation-making process. The amendments also allow scope for any concessional rates and exemptions to be determined with consultation.

Through amendments to the Transfer of Land Act 1958 (the TLA), the Registrar of Titles will be able to collect fees on a value-for-money basis, in line with Victoria’s Pricing for value guidelines and fees in other Australian states and territories, without being limited to cost recovery. This represents an important opportunity to enhance user experience of Victoria’s accurate and secure Torrens system of title by registration, which Victorians count on every day to buy and sell real property and obtain and discharge mortgages. Amendments to the Subdivision Act 1988 will ensure that changes made to the TLA with respect to fees and charges are reflected in this Act as well.

Other amendments to the TLA will remove the ability to pay a half fee, or seek a refund for a half fee, where instruments have been relodged. This reflects that the effort and cost of examining a relodged instrument is the same as that of the original instrument. It also reflects that most instruments today are lodged electronically by a financial institution or professionals (typically a conveyancer or lawyer who is paid for their professional advice), and the Registrar provides pre-lodgement validations for electronic instruments to improve the quality of instruments lodged. This amendment streamlines administrative processes and disincentivises professionals from lodging instruments that are not capable of registration or recording. Similarly, additional amendments will clarify that the forfeiture of fees applies in all cases where instruments are refused, rejected or withdrawn after lodgement.

Minor amendments to the TLA will also remove references to ‘paper conveyancing transactions’, when referring to requirements that may be determined by the Registrar for conveyancing transactions to ensure that the list of matters on which the Registrar can determine requirements is not limited. This reflects that the vast majority of instruments are now lodged electronically. A minor amendment will also be made to ensure that regulations made under the TLA may apply, adopt or incorporate third party documents, which is a standard provision across many Victorian Acts. Lastly, amendments to the TLA will clarify provisions relating to the Registrar’s ability to seek assurance contributions, which are applied at the Registrar’s discretion in the case of higher risk transactions. The amendments make it clear that this discretion applies to the recording or registering of any instrument, and the registration of a Crown grant. The amendments will also remove several provisions relating to assurance contributions that are no longer necessary, ensuring that the TLA remains up to date.

The Bill will amend the Adoption Act 1984 in line with recommendations from various inquiries and reviews. Firstly, amendments will ensure that the Secretary of the Department of Justice and Community Safety is able to disclose adoption information in response to a court order, subpoena, or request from a Royal Commission. Furthermore, the Bill will give the Secretary access to adoption information held by Births, Deaths and Marriages implementing a number of recommendations from the 2021 Legislative Assembly Legal and Social Committee’s Inquiry into responses to historical forced adoption in Victoria. The Secretary can already request access on a case-by-case basis but this creates unnecessary delays. Amendments will also allow natural relatives of adopted persons to access identifying information about the adopted person, allowing them to contact family from whom they have been separated by adoption. This is consistent with government policy to assist in reuniting families and address shame and stigma around the Stolen Generations and other forced adoptions.

Grounds for cancellation of an extractive work authority issued under the Mineral Resources (Sustainable Development) Amendment Act 2023 will be brought into line with the grounds for the cancellation of a minerals licence. Under the amendments, the Department Head can cancel an authority where the holder has not substantially complied with the new duty to eliminate or minimise the risk of certain harms.

Government will be able to attract and retain quality candidates for the role of Commissioner for Environmental Sustainability under amendments to the Commissioner for Environmental Sustainability Act ‍2003. These allow the Commissioner to undertake other paid duties, subject to Ministerial approval, as is the case with many other government executive and board positions.

The third objective of the Bill is to streamline processes and reduce administrative burdens for government, businesses and individuals by making simple and uncontroversial changes to legislation.

The Bill will save registered housing agencies from needing to provide bank account details to the Housing Registrar for inclusion in the Register of Housing Agencies. These details are generally unnecessary and holding them poses unnecessary information security risks to both the Registrar and the registered agencies. Where the Housing Registrar does need access to these details, alternative means to request them already exist. These improvements will be made through amendments to the Housing Act 1983.

Through amendments to the Electricity Industry Act 2000 (EI Act), the Bill will enable the ESC to make determinations later in the year, using more current data and so that determinations can be made closer to the start of the financial year to which it applies. Amendments to the EI Act, 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. This reduces unnecessary administrative burden on businesses, noting that much of this data is publicly available through other sources. Amendments in the Bill will also remove the requirement for the Department of Energy, Environment and Climate Action to report on this annually.

The Bill will remove unnecessary processes through amendments to Mineral Resources (Sustainable Development) Amendment Act 2023. At present, the Department Head is required to notify the Secretary to the Department of Energy, Environment and Climate Action within seven days of approving a variation of a rehabilitation plan involving extractive work carried out on land wholly or partly within the Melbourne Strategic Assessment levy area, despite a change in rehabilitation not being a leviable event. The Bill will remove this notification requirement.

Amendments to the Domestic Animals Act 1994 will simplify processes for various individuals and organisations required to register with the Minister for Agriculture, such as bird clubs, commercial dog breeders and dog obedience training schools. Dog trainers, dog breeders and the like will be able to request that their registration be revoked (and thus no longer be required to pay an annual fee), addressing an oversight that means their registration can currently be revoked only in cases of non-compliance.

Other amendments to that Act will require declared bird organisations to submit their application at least 60 days before the expiration of their current declaration, to ensure that applications are processed before the end date. Otherwise, organisations may cease to be declared bird organisations until the declaration is remade, preventing organisations during that time from validly holding bird sales at locations other than a private residence or registered pet shop.

Amendments to the Environment Protection Act 2017 will make it easier for businesses and individuals that have provided a financial assurance to the Environment Protection Authority (EPA) to reclaim their funds, in cases where there are no issues with their conduct and the EPA intends to refund the assurance in full. Currently, the depositor must submit additional information to the EPA in support of the release of the assurance, even when the EPA has already made a decision to release it in full, creating unnecessary work for both parties. Amendments to that Act will also provide for more flexible operations of the EPA’s board, granting the Governor-in-Council more discretion around appointments and allowing board members to undertake acting roles in certain circumstances.

Through amendments to the Water Act 1989, the Victorian Environmental Water Holder (VEWH) will be able to submit its annual Corporate Plan by an alternative date specified by the Minister for Water, for example in circumstances where key information is not yet available. This will save the VEWH from having to seek a variation of its plan as new information becomes available. Further amendments to that Act will allow notices of special meetings for water corporation boards to be provided by electronic means, where currently they must be provided in hard copy and delivered in person or by post. This new process will be faster, cheaper and more streamlined.

Lastly, the Bill seeks to make a number of minor updates and corrections to existing legislation.

The Bill will remove 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. Similarly, the Domestic Animals Act 1994 will be amended, to remove references to a section that has already been revoked.

The Bill will update the Environment Protection Act 2017, to clarify that the Environment Protection Authority (EPA) considers both actual and potential costs of any remediation or clean-up required, before making a decision regarding the release of a financial assurance. Updates will also change the maximum period of service of EPA board members from the current limit of two terms (with the maximum duration of a term fixed at five years) to a total cumulative period of service of 10 years.

Finally, the Bill will update the Circular Economy (Waste Reduction and Recycling) Act 2021 to update the list of provisions for which a civil penalty order can be made by the coassurt, to reflect new provisions introduced by the Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 which are already in force.

As you can see, this Bill addresses a wide range of matters, ranging from the registration of community bird clubs to helping reunite families separated by forced adoptions. However, in all the initiatives I have described for you today, there is a single common thread, which is the commitment of this Government to bettering the lives of Victorians by making simple, straightforward improvements to legislation. The bill provides important benefits – such as clearer, fairer, more modern laws and regulations, and strengthened regulatory tools for agencies like the EPA and the ESC, which do such important work to protect our environment and community.

I commend the Bill to the House.

Evan MULHOLLAND (Northern Metropolitan) (17:39): I move:

That debate on this bill be adjourned for one week.

Motion agreed to and debate adjourned for one week.