Kim O’KEEFFE (Shepparton) (16:39): I rise to make a contribution to the Regulatory Legislation Amendment (Reform) Bill 2025. This bill marks the third bill of this type in the last several years, where the government has sought to make changes to various acts through an omnibus bill. The bill before the house today includes almost 40 proposals across 16 different acts and multiple ministerial portfolios. The bill includes various departments and agencies, identifying issues within their areas of responsibility, for which they have sought changes and improvements.
Within the bill we are debating today there are a number of objectives within the pieces of legislation as such. The bill aims to support effective and efficient regulation, promote consistency with other legislation and existing government policies, streamline processes and reduce administrative burdens for government, business and individuals and make a number of other minor updates and corrections to existing legislation.
The government claims the bill will streamline regulations, reduce administrative burdens and enhance economic productivity by making it easier to do business in Victoria. On this side of the house we are always looking to see a reduction in red tape and an improvement in efficiency to remove that burden from businesses across the state. There is no evidence that this government has done anything but increase regulatory burden. We know that businesses are doing it really tough amid rising costs of doing business. Red tape and regulatory complexity are commonly raised as enormous barriers. Victoria has been labelled the worst jurisdiction in the country to open a new business because of high property taxes, energy costs and the amount of regulatory burden and complex red tape. As an example, cafes, childcare operators and retailers have to apply for more licences here than in any other state. This bill is a missed opportunity to do so much more to support businesses and improve efficiencies.
Part of the bill refers to the Essential Services Commission Act 2001. Currently under the act itself there is no explicit limitation period for commencing civil penalty proceedings. The bill will set a six-year period for the Essential Services Commission to commence civil penalty proceedings. It is understood that through this six-year period the ESC can undertake investigations and commence civil proceedings that are necessary to promote the long-term interests of Victorian consumers and oversee regulated industries across the state. This amendment will see the act being brought in line with other legislative frameworks for regulators who have an enforcement role in commencing and conducting proceedings in relation to civil penalty proceedings.
Another amendment the bill makes is to the Mineral Resources (Sustainable Development) Amendment Act 2023. The minister will be allowed to redact confidential or commercially sensitive information when responding to requests from anyone who has paid the prescribed fee for a copy of a work plan or work plan variation that was registered immediately before the commencement of the new duty-based regime.
Another amendment is to the Environment Protection Act 2017. Under these amendments the Environment Protection Authority Victoria will be allowed to pursue a business or business owner when a vehicle owned by that business has been used to illegally dump waste. I am sure like many other electorates, we are seeing more and more illegal dumping of waste. I have seen in recent times people taking photos of people who are dumping waste in public spaces and posting them to social media. This is basically a name and shame. Often you will find that people dump waste in secluded areas, such as in the bush. We all have a part to play in protecting our natural environment by deterring this type of behaviour.
Currently under the Environment Protection Act the EPA can pursue the owner of a vehicle. I am sure this has been the case for some time; the act itself was first legislated back in 2017. However, the EPA have been restricted in pursuing companies that are deliberately dumping waste as a business practice. So hopefully going forward, after the bill’s passage, the EPA will be able to pursue these companies that seek to go beyond the law and illegally dump waste.
A valid concern about the bill is the expansion of liability for waste management businesses under EPA’s act with minimal consultation with key stakeholders, leaving industry stakeholders uncertain about compliance and potential impacts. This bill will also allow the commissioner for environmental sustainability to undertake paid external work, which raises concerns about conflicts of interest and a potential dilution of the commissioner’s full-time commitment to environmental sustainability.
The bill will also allow for local government across the state to better manage the potential risks posed by dangerous, menacing and restricted breeds of dogs. The bill makes amendments to the Domestic Animals Act 1984 which will require owners of dogs to notify their local council if their dog dies or is relocated. This will ensure that local councils have accurate and current details in order for compliance and enforcement activities. In addition to this amendment, the bill will also simplify the processes involved for individuals and organisations who are required to register their dogs. For example, dog trainers, dog breeders and similar types will be able to request that their registration be revoked and therefore no longer need to pay an annual fee, which addresses an oversight that means currently their registration can be revoked only in cases of non-compliance.
The bill will also clarify the powers of the Secretary of the Department of Families, Fairness and Housing to authorise a principal officer of an Aboriginal agency to exercise their various powers in relation to protective intervention and protection orders or relevant orders with respect to Aboriginal children as well as any of their non-Aboriginal siblings. By the bill making this amendment, it will clarify the intent of previous amendments made to the Children, Youth and Families Act 2005, which authorised an Aboriginal agency to exercise certain powers and functions with respect to Aboriginal children and their non-Aboriginal siblings by deeming them to be a class of children.
These changes are important and needed given the diversity of families and avoid delay to child protection investigations that would result from individual authorisations. I had a very close friend, Aunty Faye Lynam, who was a proud Yorta Yorta woman, who passed away in 2023. Aunty Faye was from the stolen generation, and she had so much compassion and care for out-of-home children. Aunty Faye fostered over 30 Aboriginal and non-Aboriginal children, many out of child protection, and played a significant role in so many children’s and families’ lives. She often said it was a difficult system that had many challenges and needed change.
The second objective of this bill is to promote consistency with other legislation and existing government policies. The bill amends the Service Victoria Act 2018 to address a gap in legislative coverage in Service Victoria’s ability to charge fees for the services it provides to Victorians. Currently Service Victoria charges customer fees where it is required through existing legislation, like applying for a working with children check or paying for car registration. I note that the amendment states that it will not affect fees for existing customer services; however, it does say in the second-reading speech that before any fee can be set there will be mandatory public consultation as part of the regulation-making process, leaving the gate open for imposing fees. The bill does enable government agencies to introduce new fees for services and also removes the ability to issue refunds for certain payments, which could impose additional financial burdens on businesses and individuals.
The bill also amends the Adoption Act 1984 following recommendations from various inquiries and reviews. The Secretary of the Department of Justice and Community Safety will be able to disclose adoption information in response to a court order, subpoena or request from a royal commission. In addition, the amendments made to the Adoption Act will give the secretary access to adoption information held by Births, Deaths and Marriages Victoria. This follows the Assembly’s Legal and Social Issues Committee inquiry back in 2021 into responses to historical forced adoptions in Victoria. Currently the Secretary of the Department of Justice and Community Safety can request access on a case-by-case basis, which creates unnecessary burden.
The bill also amends the Housing Act 1983, and that will save registered housing agencies from being required to provide bank account details to the housing register for inclusion into the register of housing agencies. The Essential Services Commission: through amendments the bill makes to the Electricity Industry Act 2000, the ESC will be enabled to make determinations later in that year. The bill will also remove the requirement of licensees who are authorised to sell electricity to report on how many small renewable energy generation facilities sold electricity to them and how much electricity the licensee bought.
The bill also makes a number of minor updates and corrections to existing legislation. The bill removes several minor technical errors and references to superseded terminology and provisions contained in the Mineral Resources (Sustainable Development) Act 1990 and the Mineral Resources (Sustainable Development) Amendment Act 2023.
In addition, the bill updates the Circular Economy (Waste Reduction and Recycling) Act 2021 to reflect the provisions for which a civil penalty order can be made by the courts to reflect new provisions introduced by the Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022. Just on the circular economy, the container deposit scheme is having a significant impact on my local community. FOOTT Waste’s Shepparton depot continues to lead from the front, being the fifth most popular drop-off location in the state and the second-highest in regional Victoria. I am hoping I am ahead of the member for Pascoe Vale, who also actually raised his significant numbers. After much delay in making this a reality by the government, people are doing their bit for return of investment by recycling their containers for the betterment of the environment.
The bill is wide reaching, covering many different portfolios and various departments and agencies, identifying issues within those departments and seeking some improvement. However, it is very much hit and miss.