3 Victoria 3.1 Guide to the Victorian legislation review schedule Legislation review In 1996, the Victorian Government published Timetable for Review of Legislative Restrictions on Competition. Changes to the timetable have generated a program that currently schedules 211 Acts and associated Regulations for review. Also in 1996, Victoria released: • National Competition Policy: Guidelines for the Review of Legislative Restrictions on Competition (July 1996) - setting out administrative and methodological guidelines to ensure reviews are undertaken in accordance with the NCP principles; and Guidelines for the Application of the Competition Test to New Legislative Proposals (January 1996) - to assist agencies comply with legislative review guidelines in respect of proposed new legislation. • Cabinet submissions containing new legislative proposals are required to indicate that the competition test has been applied and justify restrictions on competition. Continuing compliance, including compliance of associated regulations made under Acts, will be reassessed every 10 years. The responsible Minister has a similar role in relation to new regulation. Local Government by-laws are being reviewed under separate processes. Progress to 31 December 1998 Victoria originally scheduled 146 reviews for completion by 31 December 1998. Subsequently, preliminary reviews found that 22 Acts did not significantly restrict competition and did not warrant detailed review. Victoria removed a further two pieces of legislation, which provide exclusive licences for casinos, from its review timetable on the basis that these formed contractual arrangements with little scope for amendment. Victoria also removed the Control of Weapons Act 1990 from its review timetable on the basis that it relates to public safety. Of the remaining 121 reviews, 76 have been completed. There were 20 reviews underway, at 31 December 1998, 13 of which were nearing completion. In addition, Victoria has completed or commenced 23 third tranche reviews ahead of schedule. Legislation Review Compendium Victoria had announced its response to 57 reviews, repealing 41 Acts and implementing reforms to a further 14 pieces of legislation. Key reforms include: • Changes to the Barley Marketing Act 1993 provide for the progressive opening of the market to competition. Restrictions on the domestic marketing of barley and the exporting of packaged barley were removed on 1 July 1999. Restrictions on the export of all other forms of barley will be removed after a transition period (to July 2001) to allow the Australian Barley Board (and its successor) to adjust to operating in an open, competitive market. Reform of the Liquor Control Act 1987 has simplified licensing procedures and relaxed restrictions on the consumption of liquor on licensed premises. Victoria has retained some restrictions on packaged liquor licences. For example, it prevents an individual or single entity holding more than 8 per cent of the total number of packaged liquor licences, and it prevents outlets such as convenience stores, petrol stations and cinemas selling packaged liquor. Reforms to the regulatory arrangements governing several health professions include the relaxation of advertising controls and the removal of restrictions to ownership of practices. The statutory registration of practitioners and the restrictions on the use of professional title are retained. The legislative preference towards State Trustees, under the State Trustees (State Owned Company) Act 1994, to administer several categories of estates and funds has been removed. • • • 54 3 Victoria 3.2 Abbreviations The following abbreviations are used in the ‘Agency’ column of the Victorian legislation review schedule. ABB AG ANZFA AR CALM Corr CSHA E F FT G H Hous IST OH&S PES PLG Prem R&D RIS RP S SB TET Tour Tpt Treas YCS Australian Barley Board Attorney-General Australia New Zealand Food Authority Agriculture and Resources Conservation and Land Management Corrections Commonwealth-State-Northern Territory Housing Agreements Education Finance Fair Trading Gaming Health Housing Industry, Science and Technology Occupational Health and Safety Police and Emergency Services Planning and Local Government Premier Research and Development Regulation Impact Statement Roads and Ports Sport Small Business Tertiary Education and Training Tourism Transport Treasurer Youth and Community Services 55 Legislation Review Compendium 3.3 Legislation review schedule: Victoria Updated to 5 November 1999 Description/Comment on review Name of legislation Portfolio Accident Compensation F (WorkCover Insurance) Act 1993, and Accident Compensation Act 1985 and Regulations 1990 Accident Compensation Act 1985 - Division 7 Part 4 AG Adoption Act 1984 Review Review Review/Reform progress scheduled complete 01/07/98 1998 Review complete. Minor changes to restrictions. Restrictions to remain on: public underwriting, premium setting and funds management; approval conditions for insurers and occupational rehabilitation providers; and types of firms permitted to self-insure. These restrictions are retained in the public benefit. 01/12/97 1998 Review complete. Removal of many exclusive rights and legislative preference towards State trustees. Retention of reciprocal arrangements between public trustees in other jurisdictions, in keeping with private company practices to do the same. Minor restriction addressed in incidental amendments made by the State Trustees (Amendment) Act 1998. 01/12/97 1998 Review complete, report not yet released. 1998 Review complete and retention of restrictions, relating to accreditation, registration of private providers and Ministerial setting of fees, justified as being in the public benefit. H, AG and YCS Adult, Community and Further TET and E The Tertiary Education and 01/06/97 Education Act 1991 to establish Training Review was completed Adult Community Further in 1997 and reforms to legislation Education Board, Regional were passed by Parliament in the Councils and make provision with Spring sittings that year. respect to Adult, Community and Further Education 56 3 Victoria Name of legislation Portfolio Agricultural Industry Development Act 1990 AR Agriculture and Veterinary Chemicals (Control of Use) Act 1992 AR Alpine Resorts Act 1983 CALM Ambulance Services Act 1986 H Architects Act 1991 PLC FT Associations Incorporation Act 1981 Auction Sales Act 1958 Audit Act 1994 - Parts 1,2 an 6 (Part 7 is repealed) (the Act is otherwise administered by the Minister for Finance) Australian Grand Prix Act 1994 01/12/96 FT Prem Description/Comment on Review Review Review/Reform progress review scheduled complete Joint review with NSW. 01/12/97 1999 Review complete, recommendations awaiting Simultaneous review of wine Cabinet consideration. Review proposes the removal grape legislation occurring in SA. of power for relevant Industry Development Councils to act as purchasing agents, review the effectiveness of their RandD activity, and various wine grape Orders to not be renewed upon expiry. Victoria leading a national 01/06/99 1999 National review complete. A SCARM/ARMCANZ review of agricultural and working group is considering the recommendations. veterinary chemical legislation, including control of use legislation in Queensland, Western Australia, and Tasmania. 01/12/98 Act repealed and largely replaced by Alpine Resorts Management Act 1997. 01/03/99 Review underway. Discussion paper released. Originally scheduled for December 1997, delayed due to reorganisation within Department of Human Services. 01/06/99 National review of legislation regulating architects commenced by Productivity Commission in November 1999. 01/06/97 1998 Review complete. Minor restriction removed with Associations Incorporation (Amendment) Act 1997. 01/06/99 Review underway. Issues paper released. 01/08/98 1997 Review complete. Act amended in 1997 to make public sector audits contestable. Review complete. Act assessed as not restricting competition. Tour 57 Legislation Review Compendium Description/Comment on review Name of legislation Portfolio Barley Marketing Act 1993 AR Benefit Associations Act 1958 Biological Control Act 1986 AG AR Review Review Review/Reform progress scheduled complete 01/12/96 1997 Review complete. Domestic barley market in Victoria and South Australia deregulated from 1 July 1999, and the ABB single export desk to be removed in July 2001 after a transition period. 01/12/97 Act expected to be repealed. 01/06/98 Review complete. Act assessed as not restricting competition. Border Railways Act 1922 1997 Tpt Borrowing and Investment Treas Powers Act 1987 Bourke Street Mall Act 1982. PLC Broiler Chicken Industry Act 1978 AR 01/12/96 01/05/99 Possible national review of building code. 01/06/99 01/06/99 National legislative scheme. Found not to restrict competition because it requires a transparent public inquiry process and review to determine the net public benefit of a biological control release. Review deferred pending 01/12/97 application of the Rail Corporations Act to Rail Track 01/12/97 Review complete, report not yet released. Building Act 1993 PLC Review not required. Act repealed. Review underway. Issues paper released. Originally scheduled for December 1998, delayed to bring forward other reviews. Review underway. Act repealed and replaced by Building (Amendment) Act 1996. Building Control (Plumbers PLC Gasfitters and Drainers) Act 1981 Building Societies Act 1986 FT Business Franchise (Tobacco) Act Treas 1974 Business Investigations Act 1958 FT To be repealed once jurisdiction 01/06/97 passes to Commonwealth under financial sector reforms. Following High Court ruling on 01/12/96 excises the licensing provision of this Act no longer operate and the Act will be repealed To be repealed 01/06/98 58 3 Victoria Description/Comment on review Replaced by the Residential Tenancies Act 1997. 01/12/97 01/06/97 1997 Review complete Review/Reform progress Name of legislation Portfolio Business Names Act 1962 FT Review scheduled 01/12/99 Caravan Parks and Moveable Dwellings Act 1988 Hous Casino (Management Agreement) G Act 1993 Originally scheduled for June 1998, delayed due to resource constraints. Review complete and retention of overall restrictions justified as being in the public benefit. Act repealed and replaced by Residential Tenancies Act 1997. Review not required. G Withdrawn from review due to lack of scope for amendment without varying contractual arrangements with the existing casino operator and requiring payment of compensation. Withdrawn from review due to lack of scope for amendment without varying contractual arrangements with the existing casino operator and requiring payment of compensation. 01/07/98 Review not required. 01/12/99 01/12/98 01/12/99 01/12/96 1998 1998 CALM Casino Control Act 1991 (excluding sections 128H to 128L which are administered by the Minister for Major Projects, excepting section 128K(2), which administered by the Minister for Finance) Catchment and Land Protection Act 1994 Cemeteries Act 1958 Chattel Securities Act 1987 - Part 3 (Registrable Goods) Chiropodists Act 1968 H RP and FT H Chiropractors and Osteopaths Act H 1978 01/12/96 1998 Review complete, report not yet released. Review not required. Act assessed as not restricting competition. Review complete. Retention of restrictions relating to the use of title, and fair and accurate advertising, justified in the net public benefit. Other restrictions addressed in the Podiatrist Act 1997. Review complete. Retention of restrictions relating to the use of title, and fair and accurate advertising, justified in the net public benefit. Act repealed and replaced by Chiropractors Registration Act 1996 and Osteopaths Registration Act 1996. 59 Legislation Review Compendium Description/Comment on review Review not required. Act (excluding Part 5) repealed. Review not required. Act repealed. Originally scheduled for December 1998, delayed due to consideration of national review. Review scheduled 01/12/96 Review complete Review/Reform progress Name of legislation Portfolio City of Greater Geelong 1993 PLC (excluding Part 5) City of Melbourne Act 1993 PLC Civil Aviation (Carriers' Liability) IST Act 1961 Club Keno Act 1993 Co-operation Act 1981 01/12/99 01/07/96 G FT 01/12/96 Due to the nature of this national arrangement, unilateral action by Victoria is not feasible. A national review is being considered. Act to be amended 01/12/97 01/06/98 1997 1997 Review complete, report not yet released. Act repealed and replaced by Co-operatives Act 1996. Act repealed and replaced by Construction Industry Long Service Leave Act 1997. CALM F Conservation Forests and Lands Act 1987 Construction Industry Long Service Leave Act 1983 (to transfer to the Industry Science and Technology portfolio from 1 January 1999) Consumer Credit (Victoria) Act 1995 Control of Weapons Act 1990 National review. 01/06/98 Amendments included in the Public Correctional Services Authority Bill. 01/12/99 01/12/99 01/12/99 01/07/97 01/12/99 FT PES Corrections Act 1986 Corr National review underway, led by NSW. Issues paper released. Withdrawn from schedule due to overriding public safety considerations. Originally scheduled for July 1997, delayed to determine whether Act restricts competition. Originally scheduled for December 1997, delayed due to resource constraints. Terms of reference for review are being prepared. Council of Law Reporting in Victoria Act 1967 Awaiting review of Consumer Credit Code. AG Country Fire Authority Act 1958 Credit (Administration) Act 1984 PES FT 60 3 Victoria Description/Comment on review Review scheduled 01/12/99 Review complete Review/Reform progress Originally scheduled for December 1998, delayed to coordinate simultaneous review with Land Act 1958, National Parks Act 1975, Water Industry Act 1994 (Part 4) and various minor land Acts. Name of legislation Portfolio Crown Lands (Reserves) Act 1978 CALM and related Acts (e.g. Kew and Heidelberg Lands Act 1933, Melbourne Cricket Ground Act 1933, Royal Botanic Gardens Act 1991, Shrine of Remembrance Act 1978,and Zoological Parks and Gardens Act 1967) Cultural and Recreational Lands PLC Act 1963. Dairy Industry Act 1992 AR Assessed as non-restrictive 01/05/99 Various regulations are under review, e.g.: new explosives legislation will replace the Order concerning display fireworks; new regulations come into force in March 2000 to replace the order concerning high risk carcinogenic substances. 01/12/99 01/06/97 1999 01/12/96 01/12/96 Removed Dangerous Goods Act 1985 F (section 15) formerly under the Industry, Science and Technology portfolio Review underway. Issues paper released. Originally scheduled for December 1998, delayed to bring forward other reviews Review underway. Defence Reserves Re-employment FT Act 1995 Dental Technicians Act 1972 H Dentists Act 1972 H 01/06/97 1999 Review complete, recommendations awaiting Cabinet consideration. Review proposes the retention of restrictions relating to the use of title, types of work, and fair and accurate advertising, justified in the net public benefit Review complete, recommendations awaiting Cabinet consideration. Review proposes the retention of restrictions relating to the use of title, types of work, and fair and accurate advertising, justified in the net public benefit. 61 Legislation Review Compendium Description/Comment on review 01/12/97 01/12/97 01/12/99 1998 Review complete, report not yet released. Review complete Review/Reform progress Name of legislation Portfolio FT Review scheduled 01/12/99 Discharged Servicemen's Preference Act 1943 Domestic (Feral and Nuisance) Animals Act 1994 Dried Fruits Act 1958 AR AR Drugs, Poisons and Controlled Substances Act 1981 H Education Act 1958 E Act repealed by Dried Fruits (Repeal) Act 1998 following industry decision to wind-up the Dried Fruits Board. Originally scheduled for August 1998, delayed due to participation in national review, expected completion June 2000. Review underway. Originally scheduled for June 1997, delayed for inclusion in special policy review of competition principles in the school education sector. Electric Light and Power Act 1958 Electricity Industry Act 1993 01/06/98 1998 Treas Establishes the Ministry of 01/06/99 Education, the administration and management of state schools and the regulation of non-government teachers and schools. 01/09/96 Treas Act repealed and replaced by Electricity Safety Act 1998. Review complete, report not yet released. Employment Agents Act 1983 IST The Act is one of the mechanisms by which the Government has effected competition reform of the Electricity Industry. Nevertheless it is to be reviewed to ensure it imposes no unjustified restrictions on the market. Review being considered. 01/12/96 01/06/98 01/06/98 Energy Consumption Levy Act 1982 Environment Effects Act 1978 Treas PLC Act has never been brought into operation. Act is expected to be repealed. Act repealed and replaced by the Gas Industry (Amendment) Act 1997. Review not required. Act assessed as not restricting competition. 62 3 Victoria Description/Comment on review Review complete Review/Reform progress Name of legislation Portfolio Environment Protection Act 1970 01/06/97 01/12/99 01/06/97 1998 CALM Review scheduled 01/07/99 Estate Agents Act 1980 Extractive Industries Development Act 1995 Finance Brokers Act 1969 FT AR FT FT 01/06/98 01/12/99 01/12/99 National review by ANZFA. 01/12/99 01/12/98 1998 01/06/98 PES AR CALM Review underway. Issues paper released. Originally scheduled for January 1997, delayed to allow for proposed changes to Act in 1998. Review underway. Originally scheduled for July 1999, delayed to allow other reviews to be brought forward. Review complete and retention of some restrictions, relating to licensing and fee structures, justified as being in the public benefit. Act repealed and replaced by Consumer Credit (Finance Brokers) Act 1998. Act to be repealed once jurisdiction passes to Commonwealth under financial sector reforms. Act repealed and replaced by Firearms Act 1996. Review underway. Issues paper released. Review complete, report not yet released. Review complete, report not yet released. Withdrawn from review, as have either been repealed – following sale of Victorian Plantations Corporation – or cannot be amended without agreement. H CALM CALM 01/12/99 01/12/99 01/06/99 1998 Review complete, report not yet released. Act repealed and replaced by the Friendly Societies (Victoria) Act 1996. Financial Institutions (Victoria) Act 1992 Firearms Act 1958 Fisheries Acts 1968 and 1995 Flora and Fauna Guarantee Act 1988 Food Act 1984 Forest agreement Acts (primarily for softwoods) including: Victree Forests Agreement; Australian Newsprint Mill Limited; BowaterScott Agreement; Laminex Industries Agreement; Pulpwood Agreement; and Wood Pulp Agreement. Forest agreement Acts relating to hardwoods, e.g. Forests (Masonite Agreement) Act 1956 Forests Act 1958 Friendly Societies Act 1986 CALM FT 63 Legislation Review Compendium Description/Comment on review Review complete. Act assessed as not restricting competition. Act repealed and replaced by Fundraising Appeals Act 1998. 1998 Review complete, report not yet released. 01/12/99 01/06/99 01/06/99 01/06/98 Review complete Review/Reform progress Name of legislation Portfolio Fuel Emergency Act 1977 IST Review scheduled 01/09/97 Fuel Prices Regulation Act 1981 Fundraising Appeals Act 1984 FT FT FT G Funerals (Pre-Paid Money) Act 1993 Gaming and Betting Act 1994 except Part 5, Div 2 of Part 6, Part 15, and Div 2 of Part 18, which are jointly administered with the Office of Racing Gaming Machine Control Act 1991 Gas Industry Act 1994 01/06/00 The Act has been very substantially amended over the past two years in order to progress reform of the industry and to facilitate privatisation. These amendments were subject to competition principles. 01/05/99 01/12/99 01/12/2000 01/12/99 01/06/97 G Originally scheduled for June 1998, delayed for inclusion in wider review of Act. Treas Health Act 1958 Health Services Act 1988 H H Heritage Act 1995 Housing Act 1983 PLC Hous Review underway. Discussion paper released. Review underway. Discussion paper released. Originally scheduled for December 1997, delayed due to wider review of the policy framework. Review underway. Regulatory parts of the Act were repealed and replaced by the Housing (Amendment) Act 1996. Potential competition policy issues may arise, relating to CSHA matters, which extend beyond the provisions of the Act alone. Completion of the review has been extended to examine these issues. 64 3 Victoria Description/Comment on review Review complete Review/Reform progress Name of legislation Portfolio Housing Act 1983 - Part VI AG Review scheduled 01/12/99 01/12/96 01/06/99 01/07/97 01/01/98 01/12/99 Impounding of Livestock Act PLC 1994. Industrial and Provident Societies FT Act 1958 Labour and Industry Act 1958 IST Land (Goonawarra Golf Course) Act 1988 Land Act 1958 PLC CALM Part VI of the Act (relating to rental housing cooperatives) was repealed and replaced by the Cooperatives Act 1996. The Housing (Rental Housing Co-operative) Regulations 1994 are redundant and will be revoked. Review not required. Act assessed as not restricting competition. Act to be repealed once jurisdiction passes to Commonwealth under financial sector reforms. Act is largely redundant and is expected to be repealed. Review not required. Act assessed as not restricting competition. Originally scheduled for December 1998, delayed to coordinate simultaneous review with Crown Land Reserves Act 1978, National Parks Act 1975, Water Industry Act 1994 (Part 4) and various minor land Acts. 1998 1998 Review complete, report not yet released. FT AG 01/12/98 01/12/99 01/12/98 Landlord and Tenant Act 1958 Legal Aid Act 1978 - as amended 1995 Liquor Control Act 1987 and Liquor Control Prescribed Substances Regulations 1997 SB Litter Act 1987 CALM 01/07/99 Livestock Disease Control Act 1994 AR 01/12/99 Review complete and retention of a number of restrictions, relating to sale of liquor, trading hours, licensing, and ownership, justified as being in the public benefit. Amendments to Act, and repeal of Regulations, implemented through Liquor Control Reform Act 1998. Review underway. Issues paper released. Originally scheduled for December 1997, delayed to allow for proposed changes to Environmental Protection Act in 1998. Originally scheduled for April 1999, delayed due to legislative changes in 1998 and 1999. 65 Legislation Review Compendium Description/Comment on review Formerly Employee Relations Act 01/12/97 1992. 01/06/98 Review complete Review/Reform progress Name of legislation Portfolio Local Government Act 1989. PLC Review scheduled 01/06/97 Long Service Leave Act 1992 IST Review not required. Act assessed as not restricting competition. Originally scheduled for December 1997, delayed due to amendments made in 1997. Assessment underway to determine whether the remaining provisions restrict competition. Withdrawn from review due to amendments made in 1997. Lotteries Gaming and Betting Act G 1966 - all except Parts I, IA, II, III, IV and V which are jointly administered with the Office of Racing Marine Act 1988 and Notices RP made under Section 15 01/12/98 1998 Review complete, recommendations awaiting Cabinet consideration. Review proposes performance-based standards for crewing, increased competition for pilotage services, and the retention of pilot licensing. Meat Industry Act 1993 Medical Practice Act 1994 Melbourne Market Authority Act 1977 01/12/2000 AR H AR 01/12/99 01/03/99 01/12/99 Mental Health Act 1986 H Review underway. Issues paper released. Originally scheduled for June 1998, delayed to allow completion of a competitive neutrality review of the Authority. Review complete, recommendations awaiting Cabinet consideration. Review proposes that the funding and registration provisions be removed, and the licensing and regulation provisions be retained. 1997 Review complete, recommendations awaiting Cabinet consideration. Review proposes the removal of restrictions, such as limiting the certification criteria of mine managers to: OHandS skills and experience; and various licensing requirements. PES 01/12/99 01/02/99 Metropolitan Fire Brigades Act 1958 Mineral Resources Development Act 1990 AR 66 3 Victoria Description/Comment on review 01/06/97 01/06/97 1998 Review complete Review/Reform progress Name of legislation Portfolio Mines Act 1958 AR Review scheduled 01/04/99 Ministerial Direction No.1, Tendering Provisions Motor Car Traders Act 1986 PLC FT Review underway. The Act has largely been repealed, a few OHandS provisions remain. Review not required. Act assessed as not restricting competition. Review complete. Some subjective components of trader eligibility removed, and licensing and warranty requirements retained. Amendments made by Tribunals and Licensing Authorities (Miscellaneous Amendment) Act 1998. AR Multi-jurisdictional review planned Joint review with NSW 01/12/96 01/12/99 1998 01/12/97 01/12/99 Murray Darling Basin Act 1993 and other legislation relating to interstate sharing and management of resources Murray Valley Citrus Marketing Act 1989 Museums Act 1983 National Parks Act 1975 AR Review underway. Issues paper released. A CALM Tpt 01/03/99 01/12/96 01/12/2000 1996 National Rail Corporation (Victoria) Act 1991 Nurses Act 1993 Optometrists Registration Act 1958 Order made under Gas and Fuel 01/12/97 Corporation Act, administered by the Department of Treasury and Finance. Amendments made by an order under the Gas Industry Act make this order redundant. H H Review complete, report not yet released. Originally scheduled for December 1998, delayed to coordinate simultaneous review with Crown Land Reserves Act 1978, Land Act 1958, Water Industry Act 1994 (Part 4) and various minor land Acts. Review postponed until agreement for the sale of NRC is resolved. Review underway. Issues paper released. Review complete. Retention of restrictions relating to the use of title, and fair and accurate advertising, justified in the net public benefit. Act repealed and replaced by the Optometrists Registration Act 1996. Order - authorises the Alpine Resorts Commission to act as a gas undertaking solely within the Mount Buller Alpine Resort CALM 67 Legislation Review Compendium Description/Comment on review Review complete Review/Reform progress Review not required. Act assessed as not restricting competition. Name of legislation Portfolio Parliamentary Salaries and Superannuation Act 1968 excluding Part II, which deals with the super scheme and is administered by the Minister for Finance Partnership Act 1958 01/12/99 01/12/99 National legislation, with mirror legislation in each state. 01/12/97 1998 01/07/2000 Prem Review scheduled 01/01/97 FT Pathology Services Accreditation Act 1984 H Petroleum (Submerged Lands) Act AR 1982 Petroleum Act 1958 AR Petroleum Retail Selling Sites Act FT 1981 Pharmacists Act 1974 H 01/12/99 01/10/97 1998 01/06/99 Physiotherapists Act 1978 H Pipelines Act 1967 AR 01/07/97 Originally scheduled for June 1999, delayed due to resource constraints. Review underway. Originally scheduled for June 1997, delayed due to difficulties finding independent pathology experts for review panel. National review underway. Issues paper released in November 1999. Review complete. Act repealed and replaced by Petroleum Act 1998. Retaining Crown ownership of petroleum resources and overall permit lease system, and removal of obstacles to exploration, production and administrative efficiency. Referred to Scrutiny of Acts and Regulation Committee of Parliament for repeal. National review underway, discussion paper released. Review complete. Retention of restrictions relating to the use of title, and fair and accurate advertising, justified in the net public benefit. Act repealed and replaced by the Physiotherapists Registration Act 1998. Review complete, recommendations awaiting Cabinet consideration. Review proposes introduction of a nationally consistent regulatory regime, and changes to safety and compensation guidelines. 68 3 Victoria Description/Comment on review Review underway. 01/01/98 01/12/99 01/06/98 01/12/99 01/07/97 01/06/99 Formerly the Professional Boxing Control Act 1985 and Martial Arts Control Act 1986. 01/06/97 01/12/99 01/06/97 01/12/97 1998 01/12/98 Review not required. Act assessed as not restricting competition. Review complete Review/Reform progress Name of legislation Portfolio PLC Review scheduled 01/01/99 PLC Planning and Environment Act 1987 Planning Authorities Repeal Act 1994 Plant Health and Plant Products Act 1995 Police Regulation Act 1958 AR PES Pollution of Waters by Oil and Noxious Substances Act 1986 Prevention of Cruelty to Animals Act 1986 Private Agents Act 1966 RP and CALM AR PES Review not required. Act repealed and replaced by Part 3(8) of the Planning and Environment Act. Originally scheduled for April 1999, delayed to allow other reviews to be brought forward. Originally scheduled for June 1998, delayed due to a policy review of policing by the Police Board. The need for an NCP review will be reconsidered. Review not required. Act assessed as not restricting competition. Review complete and retention of most restrictions justified on animal welfare grounds. Terms of reference for review established. Originally scheduled for June 1998, delayed due to proposal for national review. Professional Boxing and Martial Arts Act 1985 S Project Development and Construction Management Act 1994 Property Law Act 1958 Prostitution Control Act 1994 PLC AG FT Psychologists Registration Act 1987 H PLC 01/12/96 01/03/98 Review not required. No scope for change due to overriding social policy objectives. Review complete. Retention of restrictions relating to the use of title, and fair and accurate advertising, justified in the net public benefit. Bill proposed for autumn session 1999. Review not required. Act repealed. Review not required. Act assessed as not restricting competition. Public Authorities Marks Act 1958. Public Safety Preservation Act 1958 Prem 69 Legislation Review Compendium Description/Comment on review This review incorporated all of Victoria's racing and betting legislation. 01/06/98 1998 Review underway, in conjunction with Part 6 Division 5 of the Transport Act. Review complete, report not yet released. Review complete Review/Reform progress Name of legislation Portfolio Tpt Review scheduled 01/12/99 S and G Tpt 01/12/99 01/06/97 01/12/99 01/12/98 1997 1997 01/12/97 Review not required. Act repealed. Public Transport Competition Act 1995 Racing and betting legislation (Racing Act 1958, Rules of the Harness Racing Board, Rules of the Greyhound Racing Control Board, Lotteries Gaming and Betting Act 1966, Gaming and Betting Act 1994, and Casino Control Act 1991) Railways (Standardisation Agreement) Act 1958 Registration of Births, Deaths and Marriages Act 1959 Residential Tenancies Act 1980 AG Hous Act repealed and replaced by Births, Deaths and Marriages Registration Act 1996. Review complete and retention of overall restrictions justified as being in the public benefit. Act repealed and replaced by Residential Tenancies Act 1997. Retirement Villages Act 1986 Road Safety Act 1986 FT RP Road Transport (Dangerous Goods) Act 1995 Rooming House Act 1990 F Mirrors Commonwealth legislation. 01/12/98 01/06/98 01/12/99 Hous Rules of the Council of Legal Education 1993 AG Review complete. Act assessed as not restricting competition per se. Minor restrictions relating to drink driving program providers and blood alcohol testing equipment justified as being in the public benefit. Originally scheduled for December 1998, awaiting outcome of Commonwealth review. Review complete and retention of overall restrictions justified as being in the public benefit. Act repealed and replaced by Residential Tenancies Act 1997. Made under the Legal Profession Practice Act 1959, which has been replaced by the Legal Practice Act 1996. The Rules are to be replaced by proposed new Rules subject to an RIS review. 70 3 Victoria Description/Comment on review Review complete Review/Reform progress Name of legislation Portfolio Second-hand Dealers and Pawnbrokers Act 1989 01/01/97 01/06/97 01/12/97 01/12/97 01/12/96 01/06/97 1998 Review not required. Act repealed. FT Review scheduled 01/06/97 SB Review complete. Reduction in requirements for licensing, premises and obligations to retain certain goods. Registration retained in the public benefit as a deterrent to criminal activity. Acts repealed and replaced by Shop Trading Reform Act 1996. Treas Tpt Shop Trading Act 1987 and Capital City (Shop Trading) Act 1992 Snowy Mountains Hydro-Electric Agreements Act 1958 South Australian and Victorian Border Railways Act 1930 State Electricity Commission Act 1958 State Superannuation Act 1988 Treas F State Trustees (State Owned Company) Act 1994 Treas Stock (Seller Liability and Declarations) Act 1993 Subdivision Act 1988 AR 01/12/99 01/01/99 01/03/98 PLC Superannuation (Public Sector) Act 1992 - Part 2 (the Act is otherwise administered by the Minister for Finance) Surveyors Act 1978 Prem Review complete, recommendations awaiting Cabinet consideration. Review complete. Minor restriction addressed via an amendment passed in 1997. Review complete. Removal of many exclusive rights and legislative preference towards State trustees. Retention of reciprocal arrangements between public trustees in other jurisdictions, in keeping with private company practices to do the same. Minor restriction addressed in incidental amendments made by the State Trustees (Amendment) Act 1998. Originally scheduled for April 1999, delayed due to legislative changes in 1998 and 1999. Review not required. Act assessed as not restricting competition. Review not required. Act assessed as not restricting competition. 01/12/97 1997 Review complete, report not yet released. CALM 71 Legislation Review Compendium Description/Comment on review Review Review Review/Reform progress scheduled complete 01/12/97 1998 Review complete, report not yet released. Name of legislation Portfolio G and Treas Treas E 1998 1998 Review complete, report not yet released. Review complete and retention of restrictions, relating to accreditation, registration of private providers and Ministerial setting of fees, justified as being in the public benefit. Tattersall Consultations Act only sections 4(1), (3) and (4), 5(4) and (5) and section 11 as they relate to the making of regulations for or with respect to sections 4(1), (3) and (4), 5(4) and (5) these provisions are jointly administered with Treasurer Tattersall Consultations Act 1958 Tertiary Education Act 1993 to provide for promotion, development and co-ordination of post-secondary education in Victoria Therapeutic Goods (Victoria) Act 1994 Tobacco Act 1987 01/12/97 The Tertiary Education and 01/06/97 Training Review was completed in 1997 and reforms to legislation were passed by Parliament in the Spring sittings that year. 01/05/99 01//99 Due to the nature of the national trade measurement system, unilateral reform by Victoria is not feasible. 01/12/99 01/06/97 01/03/99 1998 01/06/99 H H Trade Measurement Act 1995 SB Review underway. Originally scheduled for February 1998, delayed due to resource constraints. Review underway. Originally scheduled for November 1997. Terms of reference for national review are currently being determined. Queensland is the lead reviewer. Transfer of Land Act 1958 Transport Accident Act 1986 CALM Treas Tpt and RP Review complete and recommendations not accepted. Government considered all restrictions justified in the public benefit. Originally scheduled for December 1998, delayed to accommodate the transport reform process. 01/12/96 Act to be repealed. Transport Act 1983 - Part 6: (Traffic Regulation, Registration and Licensing) Division 1 (General Provisions) Transport Act 1983 - Part 6: Division 10 (Passenger Ferry Services) Tpt 72 3 Victoria Description/Comment on review Review underway. Review complete Review/Reform progress Name of legislation Portfolio Tpt and RP 01/12/99 01/12/96 01/12/2000 01/12/96 01/03/99 01/03/99 01/03/99 01/03/99 01/12/98 01/12/96 National review led by Western Australia. 01/06/98 Review underway. Review scheduled 01/12/99 RP RP Act repealed and replaced by the Transport Acts (Amendment) Act 1997. Act repealed and replaced by the Transport Acts (Amendment) Act 1997. RP RP Act repealed and replaced by the Transport Acts (Amendment) Act 1997. Tpt and RP Tpt and RP Tpt Originally scheduled for December 1998, delayed to accommodate the transport reform process. Originally scheduled for December 1998, delayed to accommodate the transport reform process. Originally scheduled for December 1998, delayed to accommodate the transport reform process. Originally scheduled for December 1998, delayed to accommodate the transport reform process. Review underway. Issues paper released. RP RP Transport Act 1983 - Part 6: Division 5 (Commercial Passenger Vehicles) Transport Act 1983 - Part 6: Division 6 (Private Omnibuses) Transport Act 1983 - Part 6: Division 7 (Hire and Drive Omnibuses) Transport Act 1983 - Part 6: Division 8 (Tow Trucks) Transport Act 1983 - Part 6: Division 9 (Commercial Goods Vehicles) Transport Act 1993 - Part 3 (Powers of the Corporations) Transport Act 1993 - Part 4 (Financial) Transport Act 1993 - Schedule 4 (Further Particular Powers of the Roads Corporation) Transport Act 1993 - Schedule 5 (Provisions with Respect to Roads) Transport Act 1993 - Schedule 7 (Covenants to be Included in Deed of Assignment) Transport Act 1993 - Schedule 8 (Classes, Kinds or Descriptions of Goods) Travel Agents Act 1986 Tpt FT National review underway. Issues paper released. Originally scheduled for June 1998, approval for the national review process delayed. 73 Legislation Review Compendium Description/Comment on review 01/06/98 01/01/99 01/12/96 Repeal likely following privatisation of the Corporation. 01/07/99 01/03/98 01/03/98 01/12/98 Review complete Review/Reform progress Name of legislation Portfolio Trustee Act 1958 FT Review scheduled 01/12/99 Trustee Companies Act 1984 FT Urban Land Authority Act 1979 PLC Veterinary Surgeons Act 1958 AR Originally scheduled for June 1998, delayed due to resource constraints. New uniform trustee companies legislation drafted by Standing Committee of Attorneys-General. Review underway with NSW as lead agency. Review not required. Act replaced by the Urban Land Corporation Act 1997. Act repealed and replaced by the Veterinary Practice Act 1997. AR Corr Prem Prem Act repealed and replaced by Corrections (Amendment) Act 1996. Review not required. Act assessed as not restricting competition. Review not required. Act assessed as not restricting competition. 1998 Review complete and retention of restrictions, relating to accreditation, registration of private providers and Ministerial setting of fees, justified as being in the public benefit. 1998 Review complete and retention of restrictions, relating to accreditation, registration of private providers and Ministerial setting of fees, justified as being in the public benefit. E Victorian Plantations Corporation Act 1993 Victorian Prison Industries Commission Act 1983 Vital State Industries (Works and Services) Act 1992 Vital State Projects Act 1976 excluding Sections 5 to 16 (these provisions are administered by the Attorney General) Vocation Education and Training Act 1990 - Governor in Council declarations under s.49 and State Training Board determination of training schemes under s.50 Vocational Education and Training Act 1990 - establishment of State Training Board, TAFE college, Industry Training Boards, accreditation of vocational and training courses by TAFE institutions The Tertiary Education and 01/06/97 Training Review was completed in 1997 and reforms to legislation were passed by Parliament in the Spring sittings that year. The Tertiary Education and 01/06/97 Training Review was completed in 1997 and reforms to legislation were passed by Parliament in the Spring sittings that year. E 74 3 Victoria Name of legislation Portfolio Vocational Education and Training Act 1990 - Guidelines for educational services to International Students under s.85 01/06/97 1998 E Review Review Review/Reform progress scheduled complete 01/06/97 1998 Review complete and retention of restrictions, relating to accreditation, registration of private providers and Ministerial setting of fees, justified as being in the public benefit. Review complete and retention of restrictions, relating to accreditation, registration of private providers and Ministerial setting of fees, justified as being in the public benefit. Review complete and retention of restrictions, relating to accreditation, registration of private providers and Ministerial setting of fees, justified as being in the public benefit. Vocational Education and Training Act 1990 - Ministerial direction on fees and changes 1994 01/06/97 1998 E Vocational Education and Training Act 1990 - Private Provider Guidelines under s.81 01/12/99 E Description/Comment on review The Tertiary Education and Training Review was completed in 1997 and reforms to legislation were passed by Parliament in the Spring sittings that year. The Tertiary Education and Training Review was completed in 1997 and reforms to legislation were passed by Parliament in the Spring sittings that year. The Tertiary Education and Training Review was completed in 1997 and reforms to legislation were passed by Parliament in the Spring sittings that year. Water Act 1989, Water Industry Act 1994, Melbourne and Metropolitan Board of Works Act 1958, Melbourne Water Corporation Act 1992, and Rain Making Control Act 1967 Water Industry Act 1994 - Part 4 01/12/98 AR and CALM CALM and AR Commonwealth is the main Act, and other jurisdictions have complementary legislation. Compensation payments are no longer awarded under this Act. 01/07/2000 01/12/99 01/12/97 Wheat Marketing Act 1989 AR Wildlife Act 1975 Workers' Compensation Act 1958 - Division 8 of Part 1 CALM F and AG 1998 Originally scheduled for December 1998, delayed to coordinate simultaneous review with Crown Land Reserves Act 1978, Land Act 1958, National Parks Act 1975 and various minor land Acts. Originally scheduled for June 1999, delayed awaiting outcome of Commonwealth or multijurisdictional review. Review complete, report not yet released. Review not required. Act assessed as not restricting competition. 75