Kim O’KEEFFE (Shepparton) (12:16): Today I rise to stand and make a contribution on the Subordinate Legislation and Administrative Arrangements Amendment Bill 2024. As we have mentioned in the chamber, this is a fairly straightforward bill and perhaps it could have been done in a more timely manner to get this through the chamber. I do note the member for Albert Park also acknowledged clause 23, which is an important part of the bill in discussion today when it comes to declarations of the states of emergency that we have all experienced over a period of time. It would be good if you stayed in the chamber, member for Albert Park. I have got some really important contributions that you might be interested in, but that is okay.
The reforms listed in the bill, coming back to the bill, are all minor and technical in nature, as I have mentioned, and address issues identified by the Department of Premier and Cabinet as well as other government departments in the administration to improve the operation and clarity of the Subordinate Legislation Act 1994 and the Administrative Arrangements Act 1983.
Clause 1 sets out the purposes of the bill, which are to make miscellaneous amendments to the Subordinate Legislation Act 1994, to consequentially amend the Monetary Units Act 2004 and to make miscellaneous amendments to the Administrative Arrangements Act 1983. The Subordinate Legislation Act requires that the minister must in the preparation of statutory rules and legislative instruments and, when the Subordinate Legislation Act 1994 guidelines require consultation, ensure that consultation occurs with any other minister whose area of responsibility may be affected by the proposed statutory rule or legislative instrument. In addition, the bill provides that the responsible minister may consult with any relevant sector body head whose area of responsibility may be affected by a proposed statutory rule. This is intended to give the responsible minister a broad discretion to consult with public service bodies, public entities and special bodies as relevant.
Is it interesting to see that the bill does provide that a failure to undertake this consultation will not affect the operation of the statutory rule or legislative instrument. Public consultation under this government and its ministers has been significantly lacking, and time and time again communities are left out. It is definitely an area in this place that must be done better. Time and time again we see a lack of public consultation, leaving the voices of those that are often best informed and with lived experiences not having the opportunity to contribute.
The recent shock announcement of the closure of the Dhurringile Prison is a prime example. Just over a month ago a media release was put out by the Minister for Corrections in the other place announcing that Dhurringile Prison, which has a significant impact on my electorate and the member for Euroa’s electorate, will be shut down. The staff were notified 90 minutes before the media release. It is appalling this announcement was handled the way it has been handled. There has been no consultation or insight into the lead-up to this announcement, which also significantly impacts local businesses who provide goods and services. Last week the member for Euroa and I held a community meeting, and many attendees called on the government to show interest in their communities and show up and actually engage with the people that this is affecting. The question for many attending was: why was there no consultation to prepare and to assist those who have been so severely impacted?
Some other amendments noted in the bill: subclause 2 amends the existing definition of statutory rule by inserting ‘or a local law made under division 3 of part 3 of the Local Government Act 2020’ after ‘or locality’ to clarify that such local laws are now statutory rules for the purpose of the SL act. This amendment is intended to remove any doubt about municipal councils being subject to the SL act when making local laws.
Clause 7 substitutes for ‘Department of Justice’ the ‘Department of the Minister administrating the Infringements Act 2006’. This change is intended to ensure that the department responsible for administrating the Infringements Act 2006 is consulted about a proposed statutory rule, which provides for the enforcement by an infringement notice.
Clause 9(2)(a) amends, replacing reference to the annual rate approved by the transfer in relation to the state budget with a reference to:
the annual rate fixed by the Treasurer in accordance with section 5 of the Monetary Units Act 2024 …
When it comes to the budget there are many changes that the side of the house would like to see. Wouldn’t it be great if we could put in place that this government address their financial mismanagement and cost blowouts, actually acknowledging that Victorians are in a cost-of-living crisis; prioritise health, housing, education and much-needed services and infrastructure; instead of blowing billions of dollars on the Suburban Rail Loop and the debacle with the CMFEU, which has run rampant on taxpayer-funded construction projects.
Clause 26 makes consequential amendment to the Monetary Units Act 2004 by inserting new section 5(8) to provide that:
The Treasurer must ensure that the annual rate … as soon as practicable after it is fixed
is published on a website maintained by the department for the minister administering the Monetary Units Act 2004.
Clause 29, which inserts new sections 8, 9 and 10, provides that:
The Secretary may prepare a document that consists of an Order made under section 3, as amended from time to time.
I note that the intention of these new sections is to ensure that the public can more easily access resources to inform themselves of the current or past responsibility for legislation and administrative arrangements.
Another significant element of the bill is public emergency exemption. Currently under the act legislative instruments can be exempt from regulatory impact statement processes where the instrument is responding to a public emergency, urgent public health or safety issue, or damage to the environment, resource sustainability or the economy. The bill will extend these emergency exemptions grounds to apply to statutory rules that have not already been extended under section 9 of the Subordinate Legislation Act.
Whilst we are talking about public emergency, urgent public health and the economy, the pandemic was a debacle here in the state of Victoria. We were the most locked down state, and in fact Shepparton was the most locked down regional city. At one point we had 20,000 people in isolation – this is a third of our city. Supermarket click and collect went down and we were running out of food. I was the mayor at the time, and it was a crisis like I had never seen before. And do you know what happened? The community took it into their own hands, setting up food relief stations and a convoy of people using their own vehicles to get food and medical supplies to the people. We could not depend on this government at a time when we needed them most.
And of course who could forget the debacle with the hotel quarantine – or the lockdown of playgrounds, which was appalling. They could not leave the house, and keep in mind, some people do not have yards. They were locked up in apartments with no outlet – literally locked up in their homes. My daughter was living in an apartment in Melbourne with her partner at the time, locked up with no connections, no yard or outlet and not able to leave Melbourne for months. I saw firsthand the impact on her mental health and the choices made during that time that still impact her today. Then there are those who were unable to go to loved one’s funerals, restricted numbers at weddings and the list goes on.
We know the impact of the pandemic is still ongoing, and we know that many businesses did not survive. We know the impact on people’s mental health and that many children are still struggling to get back into the classroom. My niece, a year 7 student, was homeschooled for months following the pandemic. In fact she did not really get to experience her first year at high school, in what should have been an exciting time. She still struggles and is in need of mental health support.
One thing that definitely came out of the pandemic is that regional communities were there for each other, and we see it time and time again. The floods are another example where this government let our communities down. Last sitting week the Legislative Council Environment and Planning Committee handed down its final report of its inquiry into the 2022 flood event in Victoria. In the committee’s final report it exposed and highlighted the government’s failure to plan and respond to flood emergencies. The report contained 90 findings and 73 recommendations, from which the Allan Labor government has many lessons to learn with respect to flood preparedness, flood warnings, emergency response and recovery. It is vital that the government –
Ros Spence: On a point of order, Acting Speaker, on relevance, I have been listening to the member for quite a while, and I think she has strayed very far from the bill. I would ask you to bring her back.
Emma Kealy: On the point of order, Acting Speaker, the member is directly referencing clause 23 regarding emergency management.
The ACTING SPEAKER (Wayne Farnham): There is no point of order. The member is being relevant, and the member can continue.
Kim O’KEEFFE: Thank you. In particular recommendation 45 of the committee’s report recommends that the Victorian government improves the flood warning systems so that warnings are accurate and that the most up-to-date information is delivered in a timely way, clear and easily understood; and makes sure that relevant formats are in place. A number of Goulburn River towns, including Shepparton, Mooroopna and Toolamba, which are all communities in my electorate of Shepparton district, did not receive VicEmergency alerts for the peak flooding weekend of the 2022 floods. Every Victorian should know that the VicEmergency app can give them the information that they need about whatever is going on, and it should be accurate, reliable and up to date. It is clear from the committee’s inquiry and final report that this was not the case.
The committee held a public hearing in Mooroopna. It is critical that those that are directly impacted are heard. The floods highlighted the extreme need for the Shepparton bypass causeway between Shepparton and Mooroopna, which was completely shut down during the floods and caused a complete disconnect of the two towns. This was an example of emergency services being directly impacted, and the management was a major concern raised in the flood inquiry. I will finish it there.