Regulatory Legislation Amendment (Reform) Bill 2023
By John Berger
20 February 2024
I am pleased to be contributing to the debate surrounding the Regulatory Legislation Amendment (Reform) Bill 2023. This bill is yet another episode of the Allan Labor government’s exemplary reform agenda in regard to regulation. This is the second regulatory reform omnibus bill that the government has brought to this place. These reform bills also address the need for modernisation across the regulatory schemes and bodies. This one addresses a broad range of matters requiring reform from food industry regulation to technology neutrality.
I would like to touch on some of the rhetoric we have been hearing about the bill from those across the other side. They say this bill is not good enough for business and that it is not enough for business. Frankly, I reject this. It is categorically untrue. I will speak later in my contribution on the nature of the Allan Labor government’s reform and continuous amending of legislation, but until then I will just say this: this government’s commitment to business is plain to see, and this bill is just one example of the very substantial business and regulation reform agenda. I know those across from me do not like to hear about it, the shocking mismanagement of government across the board, specifically when we remind them of how Kennett absolutely trashed this great state, so I will change it up for them today. The Baillieu–Napthine Liberal government left Victoria’s business regulations in an absolute mess under the guise of what they dubbed the so-called ‘cutting of red tape’. The Baillieu–Napthine Liberal government brutalised without discrimination a chunk of Victoria’s essential business regulations and protections. When Dan Andrews succeeded Napthine in 2014 the regulatory bodies were crippled. The Liberal government had claimed that they would be making interactions with regulatory bodies and bureaucracies easier, but the shocking state they left Victoria’s regulatory system in only served to remove protections and safeguards from small business.
It is this government that after inheriting the Baillieu–Napthine mess has streamlined, modernised and improved not just business regulations but countless other regulatory bodies that affect everyday life. Furthermore, these reforms to regulate do not leave small businesses and consumers worse off or more vulnerable, unlike the Baillieu–Napthine free-for-all, which did. Considering their track record, I do not think they have much right to say we are not doing enough for business.
This government is one that cares about small businesses, and luckily, the small businesses of Victoria have an exceptional minister in charge of the department designed to serve them. My good friend in the other place Minister Suleyman is passionate in her work and advocacy for small businesses. The minister has done a lot in her time as Minister for Small Business. Just last year she launched the second round of the mental wellbeing of business communities grants. The mental wellbeing of business communities grants were initially launched to empower business communities and collectives to seek training and support for their mental health. This is because we know how tough it is running a business and how vulnerable you can be. It is important that every business owner is able to ensure that their health and wellbeing is looked after.
It was also under Minister Suleyman that we saw the launch of Made by Many Minds, a digital platform designed by migrant women in business for the express purpose of connecting multicultural women in business. It was established thanks to the hard work of the women who established it, and it was developed with the help of a $150,000 grant from the Allan Labor government. Created for members of Migrant Women in Business, Made By Many Minds provides them with access to information and services from legal to merchandising to improve the functioning of their businesses. It is heartening to see multicultural women, one of the most disadvantaged cohorts in business, coming together to uplift each other, and I am proud to be a member of a government that believes in the interests of these women. Clearly anybody can see Victoria’s Minister for Small Business is passionate about her work and that Victorian small businesses are certainly in good hands.
This government has delivered record investment and groundbreaking reforms for our beloved small businesses. To say that this government does nothing for small business is out and out just not true. The bill introduces reforms that will modernise and improve not just regulations surrounding small businesses in Victoria but much more. In all it introduces 54 amendments to a net 14 acts in total across 10 ministerial portfolios. The reforms that affect businesses are broad and wide reaching.
The bill could be approached by breaking it down into multiple sections defined by objectives. The first and primary objective seeks to slim down the regulatory requirements imposed on Victorian businesses and social services. Of course this is to be executed without sacrificing the protections that the regulations provide against the risk and harm. This includes a myriad of changes, including the following outlined amendments. There are amendments to allow the Secretary of the Department of Health to authorise a class of entity for medicines that will be achieved by reforming the Drugs, Poisons and Controlled Substances Act 1981. After section 20 of the Drugs, Poisons and Controlled Substances Act 1981 the bill will amend the act to include new section 20A, which will provide the act with a mechanism allowing the secretary authority to grant a class approval for entities. ‘Entity’ is defined as an entity belonging to a class that participates in activities involved in the manufacture, sale, supply, administration or use of schedule 2, 3, 4, 7 or 8 poisons or a controlled substance. The act seeks to allow the health secretary to grant class approval to these entities, which may otherwise require licences, permits and warrants. Currently entities must deal with medicines where it is appropriate without posing a risk. The introduction of this mechanism will largely improve services that require this practice. This will largely improve the functioning of many different services, like residential aged care facilities, that currently require the acquisition of a permit. Of course the bill accounts for risk management, requiring the health secretary to be responsible for risk assessments prior to class approval being issued and subsequent provisions to be outlined for services. Entities will also be held accountable for the appropriate acts that outline the standards for S medicines, administration, storage, recording and so on.
This bill introduces many amendments to the Meat Industry Act 1993. Firstly, it seeks to account for the sale of dried meat online. The act from 1993 did not account for the sale of food goods online and does not apply to the sale of dried meat online. This bill will clarify this but affirm that the sale of dried meat online is regulated by the Food Act 1984. Another amendment relating to the Meat Industry Act 1993 concurrently amends the Seafood Safety Act 2003 to streamline licensing to be more reflective of the fact that refrigerated vehicles are often used to transport different kinds of commodities, such as meat and seafood. This is for the purpose of lowering the time it takes for businesses to employ the operation and get it up and running.
The bill is further amending the Meat Industry Act 1993 to remove the requirement for poultry and game processing facilities to provide information to PrimeSafe that the organisation does not need. PrimeSafe is, for those that do not know, Victoria’s state authority on regulation and safety for the consumption of meats, poultry, seafood and even pet food. It is important that PrimeSafe has access to businesses’ information for general public safety, and there is presently duplication within information-gathering requirements. The bill seeks to remedy that, updating Commonwealth and Victorian licensee requirements to be more up to date with what is required to achieve the goals of licensing. The bill also amends the laws relating to PrimeSafe, specifically removing the requirement for PrimeSafe to refuse a licence for vehicle-based meat processing facilities where an application is consistent with planning schemes.
The bill also makes amendments to remove requirements for casino special employee licence applicants to provide evidence of former employment that is not relevant to the industry. This will be achieved through the amendments to the Casino Control Act 1991. Furthermore, it will enable the streamlining of mandatory notifications by registered social service providers to the social services regulator for improved functions of our state’s social service providers. Finally, the bill will ensure that the Secretary of the Department of Health and local councils are adequately able to direct the business to undertake improvements to an inadequate food safety program.
To summarise the first set of reforms, they are each examples of reforms that streamline and modernise our regulatory bodies without leaving consumers out in the cold or endangering community health and wellbeing. This is classic Allan Labor government style reform, and in no way is it insignificant.
The second objective of this bill is in relation to the improvement of emergency preparedness. This will be achieved by explicitly introducing the ability of the Environment Protection Authority Victoria to manage and deal with waste management, transportation and removal in case of temporary emergency. Additionally, the bill will enable the EPA to provide temporary relief for public nuisance or a community hardship. Finally, with this bill the EPA will be able to commission to repair, decommission or even dismantle any plant or equipment. These three amendments will ensure that in case of emergencies the EPA is able to impose appropriate regulatory requirements for the transportation of hazardous waste. These emergency situations may include fires, floods or even animal disease situations. This will expand to promote community safety and ultimately protect the broader community.
The third and final objective to this bill is the establishment of clarity within several acts for the support of technology-neutral legislation. Technology neutrality in this case refers to ensuring that legislation does not bias or discriminate in favour of any specific technology as it seeks to achieve its objective. The bill seeks to achieve this in several ways within Victoria’s regulation and legislation by amending three acts, the Gambling Regulation Act 2003, Food Act 1984 and Meat Industry Act 1993. Under amendments to the Gambling Regulation Act 2003, keno licensees will be given the ability to authorise the remote access use of keno systems. This will bring keno providers into the 21st century here in Victoria. Amendments are also made to allow for more effective approval processes in applying for linked jackpot machines. Additionally, the bill will update the notice requirements outlined in the relevant acts as to modernise reporting requirements. This will include the allowing of electronic transmission and also publication of closure orders. This is achieved by amending the Food Act 1984 in response to the recommendations in the findings of the parliamentary inquiry into the closure of I Cook Foods Pty Ltd. The amendment also stipulate that closure orders may be issued via email. The final measure to achieve technology neutrality amends the Meat Industry Act 1993 to outline that the delegation of the chief executive officer of PrimeSafe will occur through electronic communication processes as opposed to under common seal, bringing the practices in line with modern government practices.
The bill also includes simple and non-controversial amendments to various acts for means of ensuring that reform systems are efficient and effective. These amendments will improve the strength of our state regulatory system like the three objectives previously outlined, modernising and improving regulatory requirements for businesses and social services that have the potential to act as a barrier for the smooth functioning of a business without sacrificing community or consumer protections, enabling the Environment Protection Authority to oversee waste management in the case of a temporary emergency or other measures that improve community health and safety and supporting technology-neutral legislation.
Amended acts include the Essential Services Commission Act 2001, the Regional Development Victoria Act 2002, the Children, Youth and Families Act 2005, the Sale of Land Act 1962, the Land (Goonawarra Golf Course) Act 1988, the Food Act 1984, the Meat Industry Act 1993, the Seafood Safety Act 2003, the Child Wellbeing and Safety Act 2005, the Education and Training Reform Act 2006 and the Monetary Units Act 2004.
Finally, I will add that the amendments included in this bill are expected to provide Victoria with a benefit of up to $2.6 million a year, mostly accounted for by the sheer amount of time that it will save businesses in following regulatory measures. It is only the Allan Labor government that will provide businesses with this kind of support, thanks to the strong business reform agenda.
I would like to acknowledge something about this bill that Minister Pearson in the other place noted in his second-reading speech on the bill. Minister Pearson noted that this, like many other Allan Labor government reforms, is an exercise in fine-tuning legislation. As with many other regulatory omnibus bills, we have introduced a collaborative effort across portfolios and departments to improve the functioning of our state’s broad-ranging regulatory measures and bodies. These continuous efforts of simple and straightforward reformation are essential to ensuring a smooth, functioning system of regulations. This is a highly effective means of actualising the Allan Labor government’s vision to create a regulatory system that not only makes business easy in Victoria but also promotes to the highest degree community safety, consumer protection and environmental health and safety. Government is not an episodic job but an ongoing responsibility that requires constant care and attention, just as the latest regulatory omnibus bill provides. I am proud to be a member of a government that recognises this and incorporates it into its practices. Ultimately Victoria is better off under the practices and the legislative habits of the Allan Labor government. Victoria will continue to benefit from a government that holds a close eye to examining what it can change to improve the lives of everyday Victorians, both business owners and consumers.
In summary, I would like to reaffirm that the bill will reintroduce effective regulatory change to many facets of Victorian businesses in everyday life. I commend the efforts of the 10 relevant ministers, including my good friend in the other place the Minister for Small Business Minister Suleyman. I would also like to acknowledge this state’s hardworking business owners. They are the backbone of our community, and I am sure I speak for everyone on this side of the house when I say that we are forever grateful for their contribution and will always be in their corner. I commend the bill to the house.