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Health and Human Services Legislation
Amendment Bill 2010
Introduction Print
EXPLANATORY MEMORANDUM
General
The Health and Human Services Legislation Amendment Bill 2010 amends
the Public Health and Wellbeing Act 2008, the Disability Act 2006, the
Children, Youth and Families Act 2005 and other Acts for other purposes.
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the main purposes of the Act.
On 12 August 2009, an Order under section 10(a) of the Public
Administration Act 2004 established the Department of Health.
An Order under the Administrative Arrangements Act 1983
transferred the health-related portfolios within the old
Department of Human Services (health, mental health and drugs,
nurse policy and aged care) to the Department of Health.
The Department of Human Services retained responsibility for
disability, housing, children, youth and families.
As a result of those changes it is necessary to separate the
contracting and land holding powers formerly exercised by the
Secretary to the Department of Human Services body corporate
on behalf of all of the portfolios within the old Department of
Human Services. As the existing Secretary to the Department of
Human Services body corporate created under the Public Health
and Wellbeing Act 2008 is the successor in law to a number of
former health bodies, a new body corporate, the Secretary to the
Department of Health body corporate, is to be created and the
existing body corporate is to be abolished. A new body corporate
has not been created for the Department of Human Services but
rather, separate powers for the Secretary to the Department of
Human Services to deal with land and other property have been
561495 1 BILL LA INTRODUCTION 10/3/2010
established in the Disability Act 2006 and the Children, Youth
and Families Act 2005.
The Bill also makes a number of consequential amendments,
including to Acts which refer to the Secretary to the Department
of Human Services to clarify whether those Acts should refer to
the Secretary to the Department of Health or both the Secretary to
the Department of Human Services and the Secretary to the
Department of Health.
Clause 2 is the commencement provision.
The provisions will come into effect on a day or days to be
proclaimed, or on 1 December 2010 if not proclaimed before that
date.
PART 2--AMENDMENT OF THE PUBLIC HEALTH AND
WELLBEING ACT 2008
Clause 3 amends the definition of Department and substitutes a new
definition of Secretary in the Public Health and Wellbeing Act
2008. The clause also inserts a new definition of Secretary body
corporate.
The definition of Department is amended by substituting
"Health" for "Human Services". This reflects the transfer of
responsibility for the health portfolio from the Department of
Human Services to the Department of Health.
The current definition of Secretary in the Public Health and
Wellbeing Act 2008 refers to both the body corporate created
under section 16 of that Act and the Department Head under the
Public Administration Act 2004. The definition of Secretary
has been amended to refer only to the Department Head and a
new definition of Secretary body corporate has been inserted.
The amendments make it possible to clearly identify when a
reference in the Public Health and Wellbeing Act 2008 is a
reference to the body corporate (Secretary body corporate) and
when a reference is to the Department Head (Secretary).
The Secretary body corporate is used for land holding and
contracting, including matters relating to intellectual property.
Clause 4 substitutes section 16 of the Public Health and Wellbeing
Act 2008.
The new provision creates a body corporate under the name
"Secretary to the Department of Health". The body corporate has
the powers to do and suffer all acts and things that bodies
corporate may by law do and suffer and that are necessary or
incidental to the purposes of the Act. The clause expressly
2
provides that the body corporate has perpetual succession and a
corporate seal, is capable in law of suing and being sued and of
acquiring, holding and disposing of real and personal property.
These powers are consistent with those of the existing Secretary
to the Department of Human Services body corporate.
Clause 5 inserts new sections 19A to 19C in the Public Health and
Wellbeing Act 2008.
New section 19A of the Public Health and Wellbeing Act 2008
enables the Secretary body corporate to delegate to employees
any power, duty or function of the Secretary body corporate
under that Act, regulations made under that Act or any other Act
or regulations.
Presently the Secretary may delegate powers, duties and
functions of the Secretary body corporate in accordance with
section 19 of the Public Health and Wellbeing Act 2008.
However, the new definitions of Secretary and Secretary body
corporate, which distinguish between the Department Head and
the body corporate, mean that section 19 will only allow
delegation of powers, duties and functions of the Department
Head. It is therefore necessary to include an additional provision
to allow the Secretary body corporate to delegate its powers,
duties and functions.
New section 19B enables the Secretary body corporate to be a
committee of management under the Crown Land (Reserves)
Act 1978.
The Secretary to the Department of Human Services body
corporate is currently a committee of management in relation to
Crown land reserved for public purposes which include mental
health and hospital services. The Secretary body corporate will
be the successor in law to the Secretary to the Department of
Human Services body corporate and it is intended that the
Secretary body corporate will continue to be the committee of
management in respect of those Crown land reserves and may be
appointed as a committee of management in respect of future
reservations for health purposes.
New section 19C grants the Secretary body corporate powers in
relation to intellectual property.
The new clause grants the Secretary body corporate a number of
powers in relation to intellectual property, including powers to
acquire, hold, dispose of and enforce intellectual property rights
on behalf of the Crown. The Department of Health deals with
intellectual property rights frequently.
3
Clause 6 dissolves the Secretary to the Department of Human Services
body corporate and vests the property, rights and liabilities of that
entity in the Secretary body corporate, as the successor in law.
The Secretary to the Department of Human Services body
corporate created under the Public Health and Wellbeing Act
2008 has been used as the contracting and land holding entity
across the portfolios now administered by the Department of
Health. As the Secretary to the Department of Human Services
body corporate is the successor in law to a number of previous
health entities it is appropriate that the Secretary body corporate
is the successor in law to the Secretary to the Department of
Human Services body corporate.
The Bill specifically states that the Secretary body corporate is
the lessee and licensee under any lease or licence to which the
Secretary to the Department of Human Services body corporate
was the lessee or licensee immediately before the commencement
of those provisions.
Land Registry Victoria has indicated that there are various
delineations of the registered proprietor intended to represent the
Secretary to the Department of Human Services body corporate
recorded in the register under the Transfer of Land Act 1958.
These properties are readily identifiable as properties that vested
in the Secretary to the Department of Human Services body
corporate and will transfer to the Secretary body corporate on the
commencement of that provision.
New subsection (5) provides that, the provisions in clause 6 are
subject to section 225B of the Disability Act 2006 and
section 612 of the Children, Youth and Families Act 2005.
In addition to holding, leasing and licensing land which is used
for the portfolios now administered by the Department of Health,
the Secretary to the Department of Human Services body
corporate also holds, leases and licences land used by the
disability and children, youth and families portfolios. That land
and any interest in that land, including as lessee or licensee, is to
be transferred to the Secretary to the Department of Human
Services Department Head in accordance with amendments to the
Disability Act 2006 and the Children, Youth and Families Act
2005, contained in clauses 12 and 17 of the Bill respectively.
New section 246A of the Public Health and Wellbeing Act
2008 is therefore subject to section 225B of the Disability Act
2006 and section 612 of the Children, Youth and Families Act
2005 to ensure that the Secretary body corporate is not the
successor in law to land or interests held for disability or
children, youth and family purposes.
4
New section 246B of the Public Health and Wellbeing Act
2008 requires the Registrar of Titles to amend recordings in the
Register to reflect the vesting of the properties in the Secretary
body corporate under section 246A of the Public Health and
Wellbeing Act 2008.
New section 246C of the Public Health and Wellbeing Act
2008 provides that no taxes (including duty) are chargeable as a
result of the transfer of ownership from the Secretary to the
Department of Human Services body corporate to the Secretary
body corporate.
New section 246D of the Public Health and Wellbeing Act
2008 provides that, any property and rights which vest in the
Secretary body corporate as a result of section 246A of the
Public Health and Wellbeing Act 2008 will vest subject to any
encumbrances to which that property or right was subject
immediately before so vesting.
Further, where any liability of the Secretary to the Department of
Human Services body corporate vests in the Secretary body
corporate, any rights that the Secretary to the Department of
Human Services body corporate may have had in relation to
those liabilities vest in the Secretary body corporate.
PART 3--AMENDMENT OF THE DISABILITY ACT 2006
Clause 7 amends the definition of Secretary in the Disability Act 2006 to
refer to the Department Head within the meaning of the Public
Administration Act 2004.
Currently the Secretary is defined as the Secretary to the
Department. The new definition of Secretary clarifies the
legislative basis for the position of the Secretary.
Clause 8 amends the power of the Secretary to enter into contracts in
section 10(1) of the Disability Act 2006.
Currently the Disability Act 2006 only provides the Secretary
with contracting powers in relation to the provision of funding
for disability purposes. That contracting power has been
satisfactory to date as it has been possible to use the contracting
powers of the Secretary to the Department of Human Services
body corporate under the Public Health and Wellbeing Act
2008 in respect of other contracting arrangements required for
disability purposes. The Secretary to the Department of Human
Services body corporate will no longer be available for use by the
Department of Human Services and accordingly it is necessary to
expand the contracting power of the Secretary in the Disability
Act 2006 to ensure that the Secretary has sufficient contracting
5
powers available to perform the functions required of that office.
The power granted in new section 10(1) of the Disability Act
2006 is not intended to be an exhaustive statement of the
Secretary's contracting powers. Specifically, section 10(1) does
not restrict the Secretary's common law capacity to contract on
behalf of the Crown.
Clause 9 inserts new sections 10A to 10D in the Disability Act 2006.
New section 10A grants the Secretary the power to acquire, hold,
dispose of, or otherwise deal with land on behalf of the Crown
for the purposes of the Disability Act 2006. The power is
granted to the Department Head under the Public
Administration Act 2004 and therefore may be exercised by
any person holding that office from time to time.
Subsection (2) provides that any acquisition or disposition of,
or other dealing with, land must be made in the name of the
"Secretary to the Department of Human Services".
Any person occupying the office of Department Head from time
to time may dispose of or otherwise deal with land that was
acquired by any person who previously held, acted in or
performed the duties of that office.
New section 10B enables the Secretary to be a committee of
management under the Crown Land (Reserves) Act 1978.
The Secretary to the Department of Human Services body
corporate is currently a committee of management in relation to
Crown land reserved for public purposes which include social
welfare and the care of physically disabled persons. It is
intended that these Crown land reserves will continue to be used
for those purposes. Accordingly, it is necessary for the Secretary
to be a committee of management under the Crown Land
(Reserves) Act 1978. It is also intended that the Secretary may
be a committee of management for any future land reserved for
disability purposes.
As with land held in fee simple, the power to be a committee of
management is granted to the Department Head under the Public
Administration Act 2004 and may be exercised by any person
holding that office from time to time.
Subsection (2) provides that any record relating to such a
committee of management must refer to the name of the
committee of management as the "Secretary to the Department of
Human Services" and not the individual occupying the position
from time to time.
6
New section 10C directs the Registrar of Titles in respect of
dealings with land by the Secretary.
The Registrar of Titles is directed to record any acquisition,
disposition or dealing with land by the Secretary on behalf of the
Crown in the name of the "Secretary to the Department of
Human Services" and not the individual occupying the position
from time to time.
The land acquired by the Secretary on behalf of the Crown will
be Crown land. As stated in subsection (5), the land will remain
under the operation of the Transfer of Land Act 1958 or may be
brought under the operation of that Act. Therefore the Land Act
1958 which applies to unalienated Crown land will not apply to
land acquired by the Secretary on behalf of the Crown under the
Disability Act 2006.
New section 10D grants the Secretary powers in relation to
intellectual property.
The new clause grants the Secretary a number of powers in
relation to intellectual property, including powers to acquire,
hold, dispose of and enforce intellectual property rights on behalf
of the Crown. The Department of Human Services deals with
intellectual property rights frequently.
Clause 10 amends section 204 of the Disability Act 2006 to extend the
Secretary's powers of delegation to include the capacity to
delegate any power, duty or function of the Secretary under that
Act, regulations made under that Act or any power duty or
function of the Secretary under any other Act or regulations that
relate to or affect persons with a disability.
It is not possible for the Secretary to personally exercise all
powers, duties and functions required of that office which are
contained in Acts other than the Disability Act 2006.
Previously the Department of Human Services has relied
extensively on the delegation power in section 19 of the Public
Health and Wellbeing Act 2008 which allowed the Secretary
under that Act (previously the Secretary to the Department of
Human Services) to delegate any power, duty or function under
any Act or regulation. That delegation power is no longer
available to the Secretary and it is therefore necessary to extend
the Secretary's powers of delegation under the Disability
Act 2006.
7
Clause 11 inserts new section 225A in the Disability Act 2006.
New section 225A of the Disability Act 2006 enables the
Governor in Council, on the recommendation of the Minister,
to make an order specifying the land and legal and equitable
interests in land held by the Secretary to the Department of
Human Services to be vested in the Secretary under new
section 225B of the Disability Act 2006. The order may also
specify the leases and licences for which the Secretary will be
taken to be the lessee or licensee under that section.
Subsection (2) requires the Minister to be satisfied that the land,
interests in land, leases and licences are vested in, or held by, the
Secretary to the Department of Human Services body corporate
prior to making a recommendation to the Governor in Council in
respect of those interests.
Clause 12 inserts new sections 225B to 225D in the Disability Act 2006.
New section 225B provides that the land, interests in land, leases
and licences specified in an order made by the Governor in
Council under new section 225A of the Disability Act 2006 will
vest in fee simple in the Secretary or become interests of the
Secretary on the commencement of section 6 of the Health and
Human Services Legislation Amendment Act 2010.
The Secretary is the successor in law in respect of those leases,
licences or interests in land. Accordingly, despite section 246A
of the Public Health and Wellbeing Act 2008, those interests
will not vest in or transfer to the Secretary body corporate.
Land Registry Victoria has indicated that there are various
delineations of the registered proprietor intended to represent the
Secretary to the Department of Human Services body corporate
recorded in the register under the Transfer of Land Act 1958.
New clause 225B(1)(a) ensures that all properties listed in the
order of the Governor in Council may vest in the Secretary if
recorded in any of the names outlined in that section or any name
that is substantially the same as any of those listed.
Consistent with clause 9, the land, interests in land, leases and
licences vested and transferred under section 225B of the
Disability Act 2006 will be held by the Secretary on behalf of
the Crown.
New section 225C of the Disability Act 2006 requires the
Registrar of Titles to amend recordings in the Register to reflect
the vesting of the properties under the new section 225B of the
Disability Act 2006 in the Secretary.
8
New section 225D of the Disability Act 2006 provides that no
taxes (including duty) are chargeable as a result of the transfer of
ownership from the Secretary to the Department of Human
Services body corporate to the Secretary.
Any land, interests in land, leases or licences which vest in the
Secretary as a result of new section 225B of the Disability Act
2006 will vest subject to any encumbrances to which that land,
interest in land, lease or licence was subject immediately before
so vesting.
PART 4--AMENDMENT OF THE CHILDREN, YOUTH AND
FAMILIES ACT 2005
Clause 13 amends the definition of Secretary in the Children, Youth and
Families Act 2005 to refer to the Department Head within the
meaning of the Public Administration Act 2004.
Currently the Secretary is defined as the Secretary to the
Department. The new definition of Secretary clarifies the
legislative basis for the position of the Secretary.
Clause 14 inserts new sections 16A to 16E in the Children, Youth and
Families Act 2005.
New section 16A of the Children, Youth and Families Act
2005 grants the Secretary a broad power to enter into contracts on
behalf of the Crown. Similar to clause 9, it is necessary to insert
a new contracting power for the Secretary as the Secretary to the
Department of Human Services body corporate will no longer be
available for use by the Department of Human Services as a
contracting entity. A broad power to contract on behalf of the
Crown is necessary to ensure that the Secretary has sufficient
contracting powers available to perform the functions required of
that office. The power granted in new section 16A is not
intended to be an exhaustive statement of the Secretary's power
to contract. Specifically, section 16A does not restrict the
Secretary's common law capacity to contract on behalf of the
Crown.
New section 16B of the Children, Youth and Families Act
2005, similar to clause 9, grants the Secretary the power to
acquire, hold, dispose of, or otherwise deal with land on behalf of
the Crown for the purposes of the Children, Youth and
Families Act 2005.
Subsection (2) provides that any acquisition, disposition or other
dealing with land must be made in the name of the "Secretary to
the Department of Human Services", not the person occupying
the position from time to time.
9
Any person occupying the office of Department Head from time
to time may dispose of or otherwise deal with land that was
acquired by any person who previously held, acted in or
performed the duties of that office.
New section 16C of the Children, Youth and Families Act
2005 enables the Secretary to be a committee of management
under the Crown Land (Reserves) Act 1978.
The Secretary to the Department of Human Services body
corporate is currently a committee of management in relation to
Crown land reserved for public purposes and for purposes
relating to children. It is intended that these Crown land reserves
will continue to be used for those purposes. Accordingly, it is
necessary for the Secretary to be a committee of management
under the Crown Land (Reserves) Act 1978. It is also intended
that the Secretary may be a committee of management for any
future land reserved for children, youth and family purposes.
As with land held in fee simple, the power to be a committee of
management is granted to the Secretary under the Public
Administration Act 2004 and may be exercised by any person
occupying that office from time to time.
Subsection (2) provides that any record relating to such a
committee of management must refer to the name of the
committee of management as the "Secretary to the Department of
Human Services". Accordingly, the name of the committee of
management must not be recorded as the individual occupying
the position of the Department Head at that point in time, but
rather the name of the office.
New section 16D of the Children, Youth and Families Act
2005 directs the Registrar of Titles in respect of dealings with
land by the Secretary and requires the Registrar to record any
acquisition, disposition or dealing with land by the Secretary on
behalf of the Crown in the name of the "Secretary to the
Department of Human Services", not in the name of the person
occupying that office from time to time.
The land acquired by the Secretary on behalf of the Crown will
be Crown land. As stated in subsection (5), the land will remain
under the operation of the Transfer of Land Act 1958 or may be
brought under the operation of that Act. Therefore the Land Act
1958 which applies to unalienated Crown land will not apply to
land acquired by the Secretary on behalf of the Crown under the
Children, Youth and Families Act 2005.
10
New section 16E of the Children, Youth and Families Act
2005, similar to clause 9, grants the Secretary powers in relation
to intellectual property. The new clause grants the Secretary a
number of powers in relation to intellectual property, including
powers to acquire, hold, dispose of and enforce intellectual
property rights on behalf of the Crown. The Department of
Human Services deals with intellectual property rights
frequently.
Clause 15 inserts a new section 17(5) in the Children, Youth and Families
Act 2005.
Section 17 of the Children, Youth and Families Act 2005
empowers the Secretary to delegate powers, duties and functions
of the Secretary under that Act and regulations made under that
Act. The Department of Human Services has previously relied
extensively on the delegation power in section 19 of the Public
Health and Wellbeing Act 2008 which allowed the Secretary
under that Act (previously the Secretary to the Department of
Human Services) to delegate any power, duty or function under
any Act or regulation. That delegation power is no longer
available to the Secretary and it is therefore necessary to extend
the Secretary's powers of delegation under the Children, Youth
and Families Act 2005.
Clause 16 inserts new section 611 in the Children, Youth and Families
Act 2005.
New section 611 of the Children, Youth and Families Act 2005
enables the Governor in Council, on the recommendation of the
Minister, to make an order specifying the land and legal and
equitable interests in land held by the Secretary to the
Department of Human Services body corporate to be vested in
the Secretary under new section 612 of the Children, Youth and
Families Act 2005. The order may also specify the leases and
licences held by the Secretary to the Department of Human
Services body corporate for which the Secretary will be taken to
be the lessee or licensee under that section.
Subsection (2) requires the Minister to be satisfied that the land,
interests in land, leases and licences are vested in or held by the
Secretary to the Department of Human Services body corporate
prior to making a recommendation to the Governor in Council in
respect of those interests.
11
Clause 17 inserts new sections 612 to 615 in the Children, Youth and
Families Act 2005.
New section 612 of the Children, Youth and Families Act 2005
provides that the land, interests in land, leases and licences
specified in an order made by the Governor in Council under new
section 611 of the Children, Youth and Families Act 2005 will
vest in fee simple in the Secretary or become interests of the
Secretary on the commencement of section 6 of the Health and
Human Services Legislation Amendment Act 2010.
The Secretary is the successor in law in respect of those leases,
licences or interests in land. Accordingly, despite section 246A
of the Public Health and Wellbeing Act 2008, those interests
will not vest in or transfer to the Secretary body corporate under
that Act.
Similar to the issue outlined in clause 12, Land Registry Victoria
has indicated that there are various delineations of the registered
proprietor intended to represent the Secretary to the Department
of Human Services body corporate recorded in the register under
the Transfer of Land Act 1958. New clause 612(1)(a) of the
Children, Youth and Families Act 2005 ensures that all
properties listed in the order of the Governor in Council may vest
in the Secretary if recorded in any of the names outlined in that
section or any name that is substantially the same as any of those
listed.
Consistent with clause 14, the land, interests in land, leases and
licences will be held by the Secretary on behalf of the Crown.
New section 613 of the Children, Youth and Families Act 2005
requires the Registrar of Titles to amend recordings in the
Register to reflect the vesting of the properties in the Secretary.
New section 614 of the Children, Youth and Families Act 2005
provides that no taxes (including duty) are chargeable as a result
of the transfer of ownership from the Secretary to the Department
of Human Services body corporate to the Secretary.
Any land, interests in land, leases or licences which vest in the
Secretary as a result of new section 612 of the Children, Youth
and Families Act 2005 will vest subject to any encumbrances to
which that land, interest in land, lease or licence was subject
immediately before so vesting.
12
PART 5--CONSEQUENTIAL AND OTHER AMENDMENTS
Division 1--Amendment of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997
Clause 18 amends the definition section of the Crimes (Mental
Impairment and Unfitness to be Tried) Act 1997. This clause
amends the definition of appropriate place to include residential
treatment facilities and residential institutions, and also inserts
definitions for disability service provider, Secretary to the
Department of Health and Secretary to the Department of
Human Services.
Clause 19 Clause 19 amends section 26 of the Crimes (Mental
Impairment and Unfitness to be Tried) Act 1997, which deals
with the making of supervision orders.
Clause 19(1) substitutes section 26(3)(b) with a new section
26(3)(b), which allows a court to make a supervision order
providing for a person to receive services from the Secretary to
the Department of Health or the Secretary to the Department of
Human Services. The amendment also replaces "contract service
provider" with "disability service provider" to reflect the
language used in the Disability Act 2006.
Clause 19(2) substitutes section 26(8) of the Crimes (Mental
Impairment and Unfitness to be Tried) Act 1997 with a new
section 26(8) and (9) to make it clear that a person who is
detained in custody in an approved mental health service under a
supervision order is deemed to be in the custody of the Secretary
to the Department of Health, whilst a person who is detained in
custody in a residential treatment facility or a residential
institution under a supervision order is deemed to be in the
custody of the Secretary to the Department of Human Services.
Clause 20 amends section 28A of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997, which deals with appeals
against supervision orders.
Clause 20(1) amends section 28A(2) to permit the Secretary to
the Department of Health, along with the Secretary to the
Department of Human Services and the Attorney-General, to
appeal to the Court of Appeal against a supervision order if he or
she considers that a different supervision order should have been
made and that an appeal should be brought in the public interest.
Clause 20(2) makes a consequential amendment to
section 28A(2C).
13
Clause 21 substitutes section 29(1) of the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997, which deals with non-
compliance with non-custodial supervision orders, with a new
section 29(1). The new section 29(1) permits the Secretary to the
Department of Health, as well as a person having supervision of a
person under a non-custodial supervision order and the Secretary
to the Department of Human Services, to apply to the court that
made the order for a variation of the order if it appears that the
person subject to the order has failed to comply with it.
Clause 22 substitutes section 30A(1) of the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997, which deals with warrants
to arrest a person breaching a non-custodial supervision order
who leaves Victoria, with a new section 30A(1). The new
section 30A(1) permits the Secretary to the Department of
Health, as well as the person having supervision of a person
under a non-custodial supervision order and the Secretary to the
Department of Human Services, to apply to the Supreme Court,
County Court or Magistrates' Court for a warrant to arrest a
person subject to a non-custodial supervision order who has
failed to comply with the order and who is no longer in Victoria.
Clause 23 amends section 30B of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997, which deals with warrants to
arrest a person subject to a custodial supervision order who
leaves Victoria.
Clause 23(1) substitutes section 30B(1) with a new section
30B(1) that permits the Secretary to the Department of Health as
well as a person having supervision of a forensic patient to apply
to the Supreme Court, County Court or Magistrates' Court for a
warrant to arrest a forensic patient under a custodial supervision
order who is absent without leave from an approved mental
health service and who is no longer in Victoria.
Clause 23(2) substitutes section 30B(1A) with a new section
30B(1A) and (1B). New section 30B(1A) permits the Secretary
to the Department of Health to apply to the Supreme Court,
County Court or Magistrates' Court for a warrant to arrest a
federal forensic patient who is absent without leave from an
approved mental health service and who is no longer in Victoria.
New section 30B(1B) permits the Secretary to the Department of
Human Services to apply to the Supreme Court, County Court or
Magistrates' Court for a warrant to arrest a forensic resident
subject to a custodial supervision order who is absent without
leave from a residential treatment facility or a residential
institution and who is no longer in Victoria.
14
Clause 23(3) amends section 30B(3) by substituting "residential
service" with "residential treatment facility or residential
institution".
Clause 24 amends section 34 of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997, which deals with appeals
against confirmation or variation of supervision orders.
Clause 24(1) amends section 34(2) to enable both the Secretary
to the Department of Health and the Secretary to the Department
of Human Services to appeal to the Court of Appeal against an
order confirming or varying a supervision order if either of them
consider that the supervision order should not have been
confirmed or varied and that an appeal should be brought in the
public interest.
Clause 24(2) makes a consequential amendment to
section 34(3C).
Clause 25 amends section 34A of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997, which deals with appeals
against the revocation of non-custodial supervision orders.
Clause 25(1) amends section 34A(1) to enable both the Secretary
to the Department of Health and the Secretary to the Department
of Human Services to appeal to the Court of Appeal against the
revocation of a non-custodial supervision order if either of them
consider that the supervision order should not have been revoked
and that an appeal should be brought in the public interest.
Clause 25(2) makes a consequential amendment to
section 34A(2B).
Clause 26 amends section 38B of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997, which deals with notice of
hearings in relation to persons subject to supervision orders.
Clause 26(1) amends the section heading for section 30B.
Clause 26(2) substitutes section 38B(1)(c) with a new section
38B(1)(c) that includes the Secretary to the Department of Health
as a party that requires notice of hearings, along with the
Secretary to the Department of Human Services.
Clause 27 amends section 38C(8) of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997. This section deals with
provision of notice of hearings to family members and victims.
The amendment includes the Secretary to the Department of
Health as one of the parties that may make an application to the
court that an order be made that notice need not be given to a
family member or victim if the court is satisfied that giving such
15
notice to them would be detrimental to their physical or mental
health.
The other parties that are already able to make such an
application under this section are the Attorney-General, the
Director of Public Prosecutions and the Secretary to the
Department of Human Services.
Clause 28 substitutes paragraph (b) of the definition of appropriate person
in section 41(4) of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997 (which deals with reports to be
prepared on the mental condition of persons declared liable to
supervision) with a new paragraph (b) and (c). Under this
section, the appropriate person must ensure that certain reports
are prepared and filed with the court if a supervision order is
made in relation to a person.
This clause amends the definition of "appropriate person" to
make it clear that the Secretary to the Department of Human
Services is the appropriate person with regards to a forensic
resident, and the Secretary to the Department of Health is the
appropriate person with regards to a forensic patient.
Clause 29 amends section 47 of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997, which deals with the provision
of a certificate of available services to the court when the court is
considering imposing a supervision order on a person.
Clause 29(1) substitutes section 47(1) with a new section 47(1)
and (1A). The new section 47(1) makes it clear that the Secretary
to the Department of Human Services is responsible for
providing the certificate of available services in relation to a
proposed forensic resident. The new section 47(1A) makes it
clear that the Secretary to the Department of Health is
responsible for providing the certificate of available services in
relation to a proposed forensic patient.
Clause 29(2) substitutes section 47(3) with a new section 47(3),
which makes it clear that the Secretary to the Department of
Human Services and the Secretary to the Department of Health
can provide other options for the court to consider if there are no
facilities or services available.
Clause 29(3) and (4) make consequential amendments to
section 47(4) and (5).
16
Clause 30 amends section 52 of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997, which sets out the meaning of
the word "surrounds" in the context of leave of absence.
The amendment replaces "residential service" with "residential
treatment facility or a residential institution" throughout
section 52 to reflect the language used in the Disability
Act 2006.
Clause 31 amends section 57B of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997, which deals with appeals
regarding extended leave.
Clause 31(1) amends section 57B(2) to make it clear that the
Secretary to the Department of Human Services may appeal to
the Court of Appeal against a grant of extended leave to a
forensic resident if they consider that extended leave should not
have been granted and that an appeal should be brought in the
public interest.
Clause 31(2) inserts a new section 57B(2A), which makes it clear
that the Secretary to the Department of Health has the same right
of appeal with respect to the grant of extended leave to a forensic
patient.
Clause 31(1) makes a consequential amendment to
section 57B(3C).
Clause 32 amends section 58A of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997, which deals with appeals
regarding revocation of extended leave.
Clause 32(1) amends section 58A(2) to make it clear that the
Secretary to the Department of Human Services may appeal to
the Court of Appeal against a refusal to revoke extend leave
granted to a forensic resident if they consider that extended leave
should have been revoked and an that appeal should be brought
in the public interest.
Clause 32(2) inserts a new section 58A(2A), which makes it clear
that the Secretary to the Department of Health has the same right
of appeal with respect to the refusal to revoke extended leave
granted to a forensic patient.
Clause 32(3) makes a consequential amendment to
section 58A(3C).
17
Clause 33 amends section 73F of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997, which deals with the review of
persons transferred to Victoria.
Clause 33(1) substitutes section 73F(1) with a new section 73F(1)
that makes it clear that within 6 months after a person has been
transferred to Victoria under section 73E of the Crimes (Mental
Impairment and Unfitness to be Tried) Act 1997 the relevant
Secretary must apply to the Supreme Court for a review.
Clause 33(2) inserts a new section 73F(8) which clarifies that the
relevant Secretary in the case of a forensic patient or a deemed
forensic patient is the Secretary to the Department of Health, and
in the case of a forensic resident or a deemed forensic resident, is
the Secretary to the Department of Human Services.
Clause 34 amends section 73J(1) of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997, which deals with warrants to
arrest persons who abscond to Victoria. The amendment makes
it clear that the Secretary to the Department of Health and the
Secretary to the Department of Human Services may apply to the
Magistrates' Court for a warrant under this section.
Clause 35 amends section 73L of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997, which deals with reviews of
interim disposition orders.
Clause 35(1) amends section 73L(1) to make it clear that within
7 days after an interim disposition order is made in respect of a
person, the relevant Secretary must apply to the Supreme Court
for a review.
Clause 35(2) inserts a new section 73L(8) which clarifies that the
relevant Secretary in the case of a person detained in an approved
mental health facility is the Secretary to the Department of
Health, and in the case of a person detained in a residential
treatment facility or residential institution is the Secretary to the
Department of Human Services.
Clause 36 inserts new clause 13 in Schedule 3 to the Crimes (Mental
Impairment and Unfitness to be Tried )Act 1997.
New clause 13 is a transitional provision which will ensure that
any act, matter or thing of a continuing nature that was done by
or in relation to, or any proceeding brought by or against the
Secretary to the Department of Human Services before the
commencement of the amendments made by this Bill is to be
taken to be done by or in relation to, and may be brought by or
against, the Secretary to the Department of Health after that
18
commencement if the act, matter or thing or proceeding relates to
a forensic patient or an approved mental health service.
Such acts, matters or things may include the provision of reports
or certificates of available services. Such proceedings may
include applications for warrants or appeals against the making or
revocation of supervision orders.
Division 2--Amendment of the Environment Protection Act 1970
Clause 37 inserts a definition of Secretary to the Department of Health into
section 4(1) of the Environment Protection Act 1970.
Clause 38 amends section 19B of the Environment Protection Act 1970,
which deals with applications for works approval, by replacing
all references to the Secretary to the Department of Human
Services with the Secretary to the Department of Health.
Section 19B(3)(a)(ii) will now require the Environment
Protection Authority to refer a copy of applications and a copy or
summary of accompanying plans, specifications and other
information to the Secretary to the Department of Health.
Section 19B(4) will now enable the Secretary to the Department
of Health to submit a written report to the Environment
Protection Authority which may include any objections or
recommendations in relation to an application within 21 days
from the day upon which the copy of the application was sent.
Section 19B(5) will now require the Environment Protection
Authority to refuse to issue a works approval where the Secretary
to the Department of Health has submitted a written report
objecting to the issue of a works approval on the ground that
public health is likely to be endangered if a works approval is
issued.
Clause 39 amends section 20(8) of the Environment Protection Act 1970
which deals with licensing of certain premises. The amendment
replaces all references in section 20(8) to the Secretary to the
Department of Human Services with the Secretary to the
Department of Health.
Under section 20(8)(a)(ii), the Environment Protection Authority,
when it receives an application under section 20 which relates to
a matter in respect of which a works approval was required to be
obtained and has not been obtained and the works have been
completed or substantially completed, must now refer a copy of
the application and a copy or summary of the accompanying
plans, specifications and other information to the Secretary to the
Department of Health.
19
Section 20(8)(c) will now enable the Secretary to the Department
of Health to submit a written report to the Environment
Protection Authority which may include any objection or
recommendations in relation to an application within 21 days
from the day upon which the copy of the application was sent.
Section 20(8)(d)(ii) will now require the Environment Protection
Authority to refuse to issue a licence where the Secretary to the
Department of Health has submitted a written report objecting to
the issue of a licence on the ground that public health is likely to
be endangered if a licence is granted.
Clause 40 amends section 20A of the Environment Protection Act 1970,
which deals with amendment of licences. The amendment
replaces all references in section 20A to the Secretary to the
Department of Human Services with the Secretary to the
Department of Health.
Under section 20A(6)(a)(ii), the Environment Protection
Authority, when it receives an application for amendment which
relates to a matter in respect of which a works approval was
required to be obtained and has not been obtained and the works
have been completed or substantially completed, must now refer
a copy of the application and a copy or summary of the
accompanying plans, specifications and other information to the
Secretary to the Department of Health.
Section 20A(6)(c) will now enable the Secretary to the
Department of Health to submit a written report to the
Environment Protection Authority which may include any
objection or recommendations in relation to an application within
21 days from the day upon which the copy of the application was
sent.
Section 20A(6)(d)(ii) will now require the Environment
Protection Authority to refuse to amend a licence where the
Secretary to the Department of Health has submitted a written
report objecting to the amendment of a licence on the ground that
public health is likely to be endangered if a licence is amended.
Clause 41 amends section 28(2) of the Environment Protection Act 1970,
which deals with orders made to public authorities to curtail
services. The amendment replaces the reference in that section to
the Secretary to the Department of Human Services with the
Secretary to the Department of Health.
Section 28(2) will now require the Environment Protection
Authority, upon the recommendation of the Secretary to the
Department of Health that a waste discharge is or is likely to
become a danger to public health, to order the person discharging
20
the waste to cease discharging the waste or to alter the
constituency or volume of the discharge (as the case requires) by
notice in writing.
Clause 42 inserts a new section 73 in the Environment Protection Act
1970.
New section 73 is a transitional provision which ensures that any
report submitted by the Secretary to the Department of Human
Services under section 20A in relation to an application for works
approval before Division 2 of Part 5 of this Bill commences
operation, is to be taken after Division 2 of Part 5 of this Bill
commences operation to have been submitted by the Secretary to
the Department of Health.
Similarly, any recommendation to the Environment Protection
Authority made by the Secretary to the Department of Human
Services under section 28 regarding water discharge becoming a
risk to public health before the day Division 2 of Part 5 of this
Bill commences operation, is taken after Division 2 of Part 5 of
this Bill commences operation to have been made by the
Secretary to the Department of Health.
Division 3--Amendment of other Acts
Clause 43 amends the Agricultural and Veterinary Chemicals (Control
of Use) Act 1992 by inserting a definition of Secretary to the
Department of Health into section 4(1) of that Act.
This clause also amends section 63(4)(b), which deals with
confidentiality of commercial information, by replacing the
reference in that section to the Department of Human Services
with the Department of Health. Section 63(4)(b) will now enable
the chief administrator under the Agricultural and Veterinary
Chemicals (Control of Use) Act 1992 to disclose information to
the Secretary to the Department of Health or a person nominated
by the Secretary to the Department of Health.
Clause 44 amends the Alcoholics and Drug-dependent Persons Act 1968
by making it clear that the definition of Secretary in section 3(1)
of that Act means the Secretary to the Department of Health,
rather than the Secretary to the Department of Human Services.
The reference to the Department of Human Services in
section 3(2) is also amended. Section 3(2) now states that, if
under the Public Administration Act 2004 the name of the
Department of Health is changed, a reference in the definition of
Secretary in subsection (1) to that Department must, from the
21
date when the name is changed, be treated as a reference to the
Department by its new name.
Clause 45 amends the Ambulance Services Act 1986 by making it clear
that the definition of Secretary in section 3(1) of that Act means
the Secretary to the Department of Health, rather than the
Secretary to the Department of Human Services.
The reference to the Department of Human Services in
section 3(2) is also amended by this clause. Section 3(2) now
states that, if under the Public Administration Act 2004 the
name of the Department of Health is changed, a reference in the
definition of Secretary in subsection (1) to that Department must,
from the date when the name is changed, be treated as a reference
to the Department by its new name.
Clause 45 also amends section 10(2) of the Ambulance Services
Act 1986 by making it clear that the Secretary may delegate, by
instrument, any of the functions or powers given to the Secretary
under this Act (except this power of delegation) to any officer of
the Department of Health, rather than to any officer of the
Department of Human Services.
Clause 46 amends the Assisted Reproductive Treatment Act 2008 by
making it clear that the definition of Secretary in section 3 of that
Act means the Secretary to the Department of Health, rather than
the Secretary to the Department of Human Services.
Clause 47 amends the Births, Deaths and Marriages Registration Act
1996, by making it clear that the definition of Secretary in
section 3 of that Act means the Secretary to the Department of
Health, rather than the Secretary to the Department of Human
Services.
This clause also amends section 21 of the Births, Deaths and
Marriages Registration Act 1996 which deals with forwarding
of medical certificates relating to perinatal deaths. Section 21
will now enable the Registrar to forward or make available to the
Secretary of the Department of Health any medical certificate in
his or her possession or under his or her control relating to any
perinatal death.
Clause 48 amends the Building Act 1993 by making it clear that the
definition of Secretary in section 3(1) of that Act means the
Secretary to the Department of Health, rather than the Secretary
to the Department of Human Services.
22
This clause also amends section 221ZZZS in Part 12A of the
Building Act 1993, which deals with plumbing works.
The amendment enables the Commission to disclose any
information it obtains under Part 12A that relates to a cooling
tower system to the Secretary to the Department of Health.
Clause 49 amends the Cancer Act 1958 by making it clear that the
definition of Secretary in section 3(1) of that Act means the
Secretary to the Department of Health, rather than the Secretary
to the Department of Human Services.
The reference to the Department of Human Services in
section 3(2) is also amended by this clause. Section 3(2) now
states that, if under the Public Administration Act 2004 the
name of the Department of Health is changed, a reference in the
definition of Secretary in subsection (1) to that Department must,
from the date when the name is changed, be treated as a reference
to the Department by its new name.
Clause 50 amends the Cemeteries and Crematoria Act 2003 by making it
clear that the definition of Secretary in section 3(1) of that Act
means the Secretary to the Department of Health, rather than the
Secretary to the Department of Human Services.
The reference to the Department of Human Services in
section 3(2) is also amended by this clause. Section 3(2) now
states that, if under the Public Administration Act 2004 the
name of the Department of Health is changed, a reference in the
definition of Secretary in subsection (1) to that Department must,
from the date when the name is changed, be treated as a reference
to the Department by its new name.
Clause 50 also amends section 45(3)(b) of the Cemeteries and
Crematoria Act 2003 which deals with investment powers of
cemetery trusts. The amendment provides that the Minister may
give written directions as to how a cemetery trust is to invest its
money and that such a direction may provide that any matter may
be determined, approved or dispensed with by the Secretary or
any employee or employees or class of employees employed
under Part 3 of the Public Administration Act 2004 in the
Department of Health, rather than the Department of Human
Services.
Clause 51 amends the Coroners Act 2008 2003 by including in the
definition of person placed in custody or care in section 3(1) a
reference to the Secretary to the Department of Health, as well as
the Secretary to the Department of Human Services.
23
Clause 52 amends the Corrections Act 1986 by inserting a definition of
Secretary to the Department of Health in section 3(1) of
that Act.
This clause also amends section 16(2) of the Corrections Act
1986, which enables the Secretary to the Department of Justice to
authorise a medical practitioner to act as a medical officer for the
purposes of that Act. The amendment will require the Secretary
to the Department of Justice to consult with the Secretary to the
Department of Health before authorising a person to act as a
medical officer.
Clause 53 repeals section 35 of the Country Fire Authority Act 1958.
Section 35 authorised the Authority to furnish the Secretary to
the Department of Human Services with information and
recommendations from time to time as to the requirements for the
protection from fire of hospitals theatres and other buildings
structures or places in which numbers of persons are occasionally
assembled. This provision related to functions formerly carried
out by the Department of Health before the establishment of the
Building Commission, which now assumes responsibility for
matters relating to building safety. Accordingly, this provision is
now redundant.
Clause 54 amends the County Court Act 1958 by inserting a definition
of Secretary to the Department of Health in section 3(1) of
that Act.
This clause also amends section 28A of the County Court Act
1958, which provides certain exemptions from payment of court
fees. The amendment will exempt the Secretary to the
Department of Health (rather than the Secretary to the
Department of Human Services) from payment of court fees
when exercising public health functions, along with other bodies
such as Victoria Police and municipal councils.
Clause 55 amends the Dairy Act 2000 by inserting a definition of Secretary
to the Department of Health in section 3 of that Act.
This clause also amends section 6(g) of the Dairy Act 2000 to
provide that it is a function of Dairy Food Safety Victoria to
consult with the Secretary to the Department of Health (rather
than the Secretary to the Department of Human Services) with
regards to protection of public health functions.
24
Clause 56 amends the Food Act 1984 to make it clear that the definitions of
Department and Secretary in section 4(1) of that Act mean the
Department of Health and the Secretary to the Department of
Health, rather than the Department of Human Services and the
Secretary to the Department of Human Services.
Section 4(1A) is also amended by this clause. Section 4(1A) now
states that, if under the Public Administration Act 2004 the
name of the Department is changed, a reference in the definition
of Department in subsection (1) to that Department must, from
the date when the name is changed, be treated as a reference to
the Department by its new name.
Clause 57 amends the Health (Fluoridation) Act 1973 to make it clear that
the definition of Secretary in section 2(1) of that Act means the
Secretary to the Department of Health, rather than the Secretary
to the Department of Human Services.
Clause 58 amends the Health Services Act 1988 to make it clear that the
definitions of Department and Secretary in section 3(1) of that
Act mean the Department of Health and the Secretary to the
Department of Health, rather than the Department of Human
Services and the Secretary to the Department of Human Services.
Clause 59 amends the Health Services (Conciliation and Review) Act
1987 to replace references to the Department of Human Services
in the definitions of health service and provider in section 3(1) to
the Department of Health. The amendment also inserts a
definition of Secretary to the Department of Health into
section 3(1) of that Act.
Section 3(4) is substituted by this clause. Section 3(4) now states
that, if under the Public Administration Act 2004 the name of
the Department of Health is changed, a reference in the definition
of health service, provider and Secretary to the Department of
Health in subsection (1) to that Department must, from the date
when the name is changed, be treated as a reference to the
Department by its new name.
Clause 60 amends the Human Services (Complex Needs) Act 2009 to
make it clear that the definition of Department in section 3 of
that Act means the Department of Health, rather than the
Department of Human Services.
Clause 61 amends the International Transfer of Prisoners (Victoria) Act
1998 by inserting a definition of Secretary to the Department of
Health in section 3(1) of that Act.
25
This clause also amends section 4(3)(b) of the International
Transfer of Prisoners (Victoria) Act 1998 which enables the
relevant Minister to delegate certain functions and powers to
authorised persons. Section 4(3)(b) now refers to the Secretary to
the Department of Health (rather than the Secretary to the
Department of Human Services), the chief psychiatrist and other
persons or bodies having functions under the Mental Health Act
1986.
Clause 62 amends the Juries Act 2000 by inserting a definition of
Secretary to the Department of Health in section 3(1) of
that Act.
This clause also amends paragraph (h) of item 1 of Schedule 2 to
the Juries Act 2000. Schedule 2 lists persons ineligible to serve
as jurors. The amendment will include the Secretary to the
Department of Health in the Schedule, along with the Secretary
to the Department of Justice and the Secretary to the Department
of Human Services.
Clause 63 amends the Magistrates' Court Act 1989 by inserting a
definition of Secretary to the Department of Health in
section 3(1) of that Act.
This clause also amends section 4Q(2)(c) of the Magistrates'
Court Act 1989, which applies to the Neighbourhood Justice
Division when it is considering which sentencing order to make
in respect of a defendant. It may inform itself in any way it
thinks fit, including by considering evidence given to it by
numerous persons or bodies, such as a community corrections
officer, a health service provider or the Secretary to the
Department of Human Services. The amendment adds the
Secretary to the Department of Health to the list of persons from
whom the Neighbourhood Justice Division may receive evidence.
Clause 64 amends the Meat Industry Act 1993 by inserting a definition of
Secretary to the Department of Health in section 3(1) of that
Act.
This clause also amends section 44(ga) of the Meat Industry
Act 1993 to provide that it is a function of PrimeSafe to consult
with the Secretary to the Department of Health (rather than the
Secretary to the Department of Human Services) with regards to
protection of public health.
Clause 65 repeals section 65 of the Metropolitan Fire Brigades Act 1958.
Section 65 authorised the Metropolitan Fire and Emergency
Services Board to furnish the Secretary to the Department of
Human Services with information and recommendations from
26
time to time as to the requirements for the protection from fire
of hospitals theatres and other buildings structures or places in
which numbers of persons are occasionally assembled.
This provision related to functions formerly carried out by the
Department of Health before the establishment of the Building
Commission, which now assumes responsibility for matters
relating to building safety. Accordingly, this provision is now
redundant.
Clause 66 amends the Non-Emergency Patient Transport Act 2003 to
make it clear that the definition of Department in section 3 of
that Act means the Department of Health, rather than the
Department of Human Services.
Clause 67 amends the Radiation Act 2004 to make it clear that the
definitions of Department and Secretary in section 3(1) of that
Act mean the Department of Health and the Secretary to the
Department of Health, rather than the Department of Human
Services and the Secretary to the Department of Human Services.
Clause 68 amends the Road Safety Act 1986 so that the references to the
Secretary in the definitions of accredited agency and accredited
driver education program in section 3(1) of that Act are clearly
references to the Secretary to the Department of Health.
The amendment also inserts a definition of Secretary to the
Department of Health in section 3(1).
This clause also amends section 49A of the Road Safety Act
1986, which deals with accreditation of agencies, such as
agencies able to provide licence restoration or alcohol interlock
installation reports. The amendment will grant the Secretary to
the Department of Health (rather than the Secretary to the
Department of Human Services) the ability to approve suitable
bodies or programs as accredited agencies for the purposes of the
Act.
Clause 69 inserts a new section 103ZB in the Road Safety Act 1986.
New section 103ZB is a transitional provision which ensures that
an approval granted by the Secretary to the Department of
Human Services under section 49A immediately before the
commencement of this clause is to be taken after the
commencement of this clause to have been granted by the
Secretary to the Department of Health.
Clause 70 amends the Safe Drinking Water Act 2003 to replace references
to the Department of Human Services in the outline of the Act in
section 1(2) and the definition of Secretary in section 3 of the
Act with references to the Department of Health.
27
Clause 71 amends the Sentencing Act 1991 by inserting a definition of
Secretary to the Department of Health into section 3(1) of that
Act.
This clause also amends section 18I(1), which relates to a court's
ability to request reports before imposing indefinite sentences on
offenders. The grounds for making such an order may include
the offender's mental condition. Accordingly, the amendment
includes the Secretary to the Department of Health, along with
the Secretary to the Department of Human Services and the
Secretary to the Department of Justice, as one of the persons or
bodies from whom the court may request a report.
Clause 67 also amends section 99E of the Sentencing Act 1991,
which enables a person or a body to apply to the Secretary for the
purposes of approving a drug and alcohol assessment agency.
The amendment makes it clear that these applications are to be
made to the Secretary to the Department of Health.
Clause 72 amends section 30 of the Summary Offences Act 1966 which
deals with offences in relation to possession of skins or carcasses
of stolen cattle. The amendment makes it clear that money
arising from fines, penalties and forfeitures imposed under this
section and recovered by an employee or inspector in the
Department of Health (rather than an employee or inspector of
the Department of Human Services) shall form part of the
Consolidated Fund.
This clause also amends section 56(1) of the Summary Offences
Act 1966 to enable any member of the police force or any
inspector or other employee in the Department of Health (rather
than an inspector or other employee of the Department of Human
Services) or any member of the staff of any municipal council to
file a charge-sheet charging an offence against any of the
provisions of that Act.
Clause 73 amends the Tobacco Act 1987 to make it clear that the definition
of Secretary in section 3(1) of that Act mean the Secretary to the
Department of Health, rather than the Secretary to the
Department of Human Services.
Clause 74 amends the Water Industry Act 1994 by inserting a definition
of Secretary to the Department of Health into section 3(1) of
that Act.
This clause also amends section 65(1)(a) of the Water Industry
Act 1994, which enables a water and sewerage retail licensee to
require the owner to connect the property to the licensee's works
for the purpose of providing that property with sewerage services
if, after consulting with the Secretary, the licensee is of the
28
opinion that it is necessary for this to be done in the interests of
health. The amendment makes it clear that the consultation must
be undertaken with the Secretary to the Department of Health
rather than the Secretary to the Department of Human Services.
Clause 75 provides for this amending Act to be automatically repealed on
1 December 2011. The repeal of this Act does not however
affect the ongoing operation of the amendments made by this Act
(see section 15(1) of the Interpretation of Legislation
Act 1984).
29