Book 8 - Parliament of Victoria

JUSTICE LEGISLATION AMENDMENT (INFRINGEMENT OFFENCES) BILL 2011
Thursday, 2 June 2011 COUNCIL 1731
The bill reduces the continuing reliance on disposal activities
that harm nearby communities and small businesses and
diminish the value of nearby landscapes.
The bill incites new ventures that reduce waste and increase
efficiency, enhancing productivity and providing new
commercial opportunities.
The bill advances innovation in environmental technologies
and services, particularly in businesses committed to
recycling and resource recovery.
The bill brings forward landfill levy revenue to support
priorities in waste avoidance and resource recovery, and other
environmental initiatives.
I commend the bill to the house.
Debate adjourned for Mr JENNINGS (South
Eastern Metropolitan) on motion of Mr Leane.
Debate adjourned until Thursday, 9 June.
JUSTICE LEGISLATION AMENDMENT
(INFRINGEMENT OFFENCES) BILL 2011
Introduction and first reading
Received from Assembly.
Read first time for Hon. R. A. DALLA-RIVA
(Minister for Employment and Industrial Relations)
on motion of Hon. G. K. Rich-Phillips.
Statement of compatibility
For Hon. R. A. DALLA-RIVA (Minister for
Employment and Industrial Relations),
Hon. G. K. Rich-Phillips tabled following statement
in accordance with Charter of Human Rights and
Responsibilities Act 2006:
In accordance with section 28 of the Charter of Human Rights
and Responsibilities Act 2006 (the charter act), I make this
statement of compatibility with respect to the Justice
Legislation Amendment (Infringement Offences) Bill 2011.
In my opinion, the Justice Legislation Amendment
(Infringement Offences) Bill 2011, as introduced to the
Legislative Council, is compatible with the human rights
protected by the charter act. I base my opinion on the reasons
outlined in this statement.
Overview of bill
The bill provides for the continued use of infringement
notices for the following offences on an ongoing basis,
following a three-year trial period:
offensive behaviour: s.17(1)(d), Summary Offences Act
1966;
indecent language: s.17(1)(c), Summary Offences Act
1966;
consume, supply, or possess liquor on unlicensed
premises or permit the consumption, supply, or
possession: ss.113(1), (1A), (1B), (1C), Liquor Control
Reform Act 1998;
party bus operator permits liquor to be consumed on
board without licence/permit: s.133A, Liquor Control
Reform Act 1998;
failure by a drunk, quarrelsome or violent person to
leave licensed premises when requested to do so:
s.114(2), Liquor Control Reform Act 1998.
The bill provides for a further one-year trial period during
which infringement notices will be able to be issued for the
following offences:
shop theft of goods valued at up to $600: s.74A, Crimes
Act 1958;
wilful damage of property valued at less than $500:
s.9(1)(c), Summary Offences Act 1966.
Human rights issues
1. Human rights protected by the charter act that are
relevant to the bill
The bill, by making permanent or extending the enforceability
of the offences referred to above by infringement notice,
might be seen to deny an accused of the ability to have
charges for the offences decided by a competent, independent
and impartial court or tribunal after a fair and public hearing,
and therefore to engage the right to a fair trial in section 24 of
the charter act. However, as the Infringements Act 2006
preserves a defendant’s right to elect to have the matter heard
and determined by a magistrate in open court and provides
opportunities to have matters reviewed administratively on a
case-by-case basis, the bill does not limit section 24.
It is also noted that the issue of an infringement notice does
not constitute a charge. Accordingly, the bill does not engage
or limit the right of a person charged with a criminal offence
to be presumed innocent until proved guilty in section 25 of
the charter act. Further, if a person pays the infringement fine,
section 33 of the Infringements Act 2006 provides that no
further proceedings may be taken against the person for the
offence, that no conviction is to be taken to have been
recorded against the person for the offence, that payment
must not be taken to be an admission of guilt in relation to the
offence or an admission of liability for the purpose of a civil
claim, and that payment must not be referred to in any report
provided to a court for the purpose of determining sentence
for any offence.
If, however, a person elects to have the matter heard and
determined by a magistrate in open court, the Infringements
Act 2006 deems the matter to be a charge and the usual rights
of an accused person in relation to that offence would apply.
2. Consideration of reasonable limitations — section 7(2)
The proposed bill does not limit or restrict human rights in the
charter act.
Richard Dalla-Riva, MLC
Minister for Employment and Industrial Relations
Minister for Manufacturing, Exports and Trade