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Requirements for updating the Subordinate Legislation Regulations

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What are the Regulations for?

The Subordinate Legislation (Legislative Instruments) Regulations 2011 describe the characterisation of instruments for the purposes of the Subordinate Legislation Act 1994 (SL Act).

The Regulations include schedules which prescribe instruments that:

  • are not legislative instruments (schedule 1)
  • are legislative instruments (schedule 2)
  • are exempt legislative instruments (schedule 3)

The category an instrument belongs to affects what processes the instrument needs to follow.

The SL Act describes requirements for the making of legislative instruments, including:

  • the preparation of a Regulatory Impact Statement
  • publication of a notice in the Victoria Government Gazette of the making of an instrument
  • tabling in Parliament
  • review by the Scrutiny of Acts and Regulations Committee

These requirements don't apply to purely administrative instruments.

Who administers the Regulations

The Office of General Counsel in the Department of Premier and Cabinet administers the Regulations.

The Office of General Counsel works with Parliamentary Counsel to assess change requests. We provide feedback on all requests.

We administer the following changes to the Regulations:

  • adding a new instrument to a schedule
  • moving an instrument from one schedule to another
  • removing an instrument from a schedule
  • amending the description of an instrument in a schedule

All change requests and supporting information should be emailed to GeneralOrdersLegislativeInstruments@dpc.vic.gov.au

Requesting changes to the Regulations

Provide the following information:

  1. The title of the instrument (including the clause number)
  2. Whether you want the instrument removed or amended
  3. The reason for the request

Requesting additions to the Regulations

Provide the following information:

  1. The title of the instrument
  2. The principal Act and the provision under which it is made
  3. If relevant, in which schedule you want the the instrument included
  4. A copy of the instrument and a summary about the effect of the instrument
  5. Evidence (such as legal advice) to support:
    a. the inclusion of the instrument in the Regulations and identifying, if relevant, which provisions of the SL Act should not apply to the instrument
    b. the characterisation of the instrument as either legislative or administrative in character.

Administrative additions to Schedule 1

If your addition is on the basis that it is administrative in character but there is room for doubt, you should provide evidence (such as legal advice) to support this position of doubt and characterisation.

Addition of an exempt legislative instrument in Schedule 3

First consider whether the instrument is in fact a legislative instrument captured by the SL Act. For example, is it an instrument of purely administrative character, and so not captured in the definition of ‘legislative instrument’ in section 3 of the SL Act?

Note that section 3(2) of the SL Act lists several types of instruments that fall into this category.

Instruments specified in schedule 3 are exempt from the operation of Part 2A, Part 5A and sections 16B, 16C, 16E and 16F of the SL Act. Such instruments need to comply with Government Gazette publication provisions in the SL Act.

Addition of a legislative instrument that is exempt more broadly

First consider whether the instrument is in fact a legislative instrument captured by the SL Act.

If the legislative instrument will be exempt from the Government Gazette publication provisions in the SL Act, provide evidence (such as legal advice) to support this.

For further guidance, please see the Subordinate Legislation Act 1994 Guidelines.

When we update the Regulations

OGC reviews the Regulations annually. We start in the second quarter of the year and finish by the end of the year.

We consider public sector bodies’ requests as part of this annual cycle. Hence there's usually a delay between receipt of requests and updating the Regulations.

If your request is urgent, please include the reasons to support the urgency when you make your request.

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The process for making changes to the Subordinate Legislation (Legislative Instruments) Regulations 2011.
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Supplement to general order effective 1 June 2019

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I, the Hon Daniel Andrews, Premier of Victoria, state that the following administrative arrangements for responsibility for the following Acts of Parliament, provisions of Acts and functions will operate in place of the arrangements specified in the Administration of Acts General Order of 1 January 2019, in relation to the Acts, provisions of Acts and functions specified in this Supplement.

This Supplement takes effect on 1 June 2019.

The Hon Daniel Andrews MP, Premier of Victoria

Assistant Treasurer

Audit Act 1994 –

  • Sections 8-10, 16A, 16B, 16D, 16E and 16G
  • Sections 13, 16C and 21 (these sections are jointly and severally administered with the Special Minister of State)

(The Act is otherwise administered by the Special Minister of State)

Casino Control Act 1991 –

  • Section 128K(2)

(The Act is otherwise administered by the Minister for Consumer Affairs, Gaming and Liquor Regulation and the Minister for Planning)

Coal Mines (Pensions) Act 1958

Crown Land (Reserves) Act 1978 –

  • In so far as it relates to the land shown as:
    • Crown Allotments 2A, 3 and 4 of Section 5, City of Melbourne, Parish of Melbourne North (Parish Plan No. 5514C) and known as the Treasury Reserve
    • Crown Allotments 4A and 4B on Certified Plan 111284 lodged with the Central Plan Office and to be known as the Old Treasury Building Reserve

(The Act is otherwise administered by the Minister for Corrections, the Minister for Energy, Environment and Climate Change, the Minister for Health, the Minister for Ports and Freight, the Minister for Tourism, Sport and Major Events and the Premier)

Emergency Services Superannuation Act 1986

Essential Services Commission Act 2001

Financial Management Act 1994 –

  • Parts 7, 7A, 7B and 8; sections 5, 6, 8, 13-16, 18-23(1), 27A-27C and 62-63
  • Sections 1-3 and 7 (these provisions are jointly administered with the Treasurer)

(The Act is otherwise administered by the Treasurer)

Government Superannuation Act 1999

Housing Act 1983 –

  • Divisions 1-5, 7-9 of Part VIII; Schedules 7 and 8
  • Sections 143(1), 143(2)(d), 143(2)(e), 143(2)(f), 143(2)(i) and 143(3) (these provisions are jointly and severally administered with the Minister for Housing)

(The Act is otherwise administered by the Minister for Housing)

Land Act 1958 –

  • In so far as it relates to the exercise of powers relating to leases and licences under Subdivisions 1 and 2 of Division 9 of Part I in respect of:
  • land in the Melbourne Casino area within the meaning of Part 9A of the Casino Control Act 1991
  • Crown land coloured brown on Plans numbered LEGL./93-211, LEGL./93-212, LEGL./93-213, LEGL./93-214 and LEGL./93-215 lodged in the Central Plan Office
  • land shown as Crown Allotment 32E, Section 7 on Certified Plan No. 108871 lodged in the Central Plan Office
  • land shown as Crown Allotment 4A, Section 1A on Certified Plan No. 75050 lodged in the Central Plan Office
  • land shown as Crown Allotment 4D, Section 1A on Certified Plan No. 112128 lodged in the Central Plan Office
  • the area of 3643 square metres of land in the city of Port Melbourne as shown on Plan LEGL./96-216 lodged in the Central Plan Office
  • land shown as Crown Allotment 4, Section 1A on Certified Plan No. 109991 lodged in the Central Plan Office
  • Division 6 of Part I, Subdivision 3 of Division 9 of Part I, section 209 and the remainder of the Act where it relates to the sale and alienation of Crown Lands as set out in Administrative Arrangements Order No. 58
  • Sections 201, 201A and 399 except in so far as they relate to the land described as Crown Allotment 16 of Section 5, Elwood, Parish of Prahran being the site of the former Elwood Police Station (except in so far as they relate to that land, these provisions are jointly administered with the Minister for Energy, Environment and Climate Change)
  • Sections 201, 201A and 399 in so far as they relate to the land described as Crown Allotment 16 of Section 5, Elwood, Parish of Prahran being the site of the former Elwood Police Station (in so far as they relate to that land, these provisions are jointly administered with the Attorney-General)

(The Act is otherwise administered by the Attorney-General, the Minister for Corrections, the Minister for Creative Industries, the Minister for Energy, Environment and Climate Change, the Minister for Health, the Minister for Ports and Freight, the Minister for Roads and the Special Minister of State)

Parliamentary Salaries and Superannuation Act 1968 –

  • Sections 6(6), 9K(3), 9K(5) and 9L
  • Sections 8A and 8B
  • Part 3

(The Act is otherwise administered by the Special Minister of State)

Petroleum Products Subsidy Act 1965

Police Regulation (Pensions) Act 1958 –

  • Part III

(The Act is otherwise administered by the Minister for Police and Emergency Services)

Port Management Act 1995 –

  • Sections 63A-63J

(The Act is otherwise administered by the Minister for Ports and Freight and the Treasurer)

Project Development and Construction Management Act 1994 –

  • Part 4

(The Act is otherwise administered by the Minister for Planning, the Minister for Priority Precincts, the Minister for Transport Infrastructure and the Premier)

State Employees Retirement Benefits Act 1979

State Owned Enterprises Act 1992 –

  • Division 2 of Part 2 in so far as it relates to the CenITex

(The Act is otherwise administered by the Minister for Energy, Environment and Climate Change, the Minister for Multicultural Affairs, the Minister for Water and the Treasurer)

State Superannuation Act 1988

Superannuation (Portability) Act 1989

Transport Accident Act 1986 –

  • Sections 11-14 in so far as they relate to the Transport Accident Commission’s budget, financial reporting and management of the Transport Accident Fund (in so far as they relate to those matters, these sections are jointly administered with the Minister for Road Safety and the TAC)
  • Sections 29, 29A and 29B (these sections are jointly administered with the Minister for Road Safety and the TAC)

(The Act is otherwise administered by the Minister for Road Safety and the TAC)

Transport Superannuation Act 1988

Unclaimed Money Act 2008

Victorian Managed Insurance Authority Act 1996

Workplace Injury Rehabilitation and Compensation Act 2013

  • Sections 492-495 in so far as they relate to WorkSafe’s budget, financial reporting and management of the WorkCover Authority Fund (in so far as they relate to those matters, these sections are jointly administered with the Minister for Workplace Safety)
  • Sections 515-518 (these sections are jointly administered with the Minister for Workplace Safety)

(The Act is otherwise administered by the Attorney-General and the Minister for Workplace Safety)

 

Minister for Road Safety and the TAC

Transport Accident Act 1986 – Except:

  • Sections 11-14 in so far as they relate to the Transport Accident Commission’s budget, financial reporting and management of the Transport Accident Fund (in so far as they relate to those matters, these sections are jointly administered with the Assistant Treasurer)
  • Sections 29, 29A and 29B (these sections are jointly administered with the Assistant Treasurer)

Minister for Workplace Safety

Accident Compensation Act 1985

Accident Compensation (Occupational Health and Safety) Act 1996

Asbestos Diseases Compensation Act 2008

Dangerous Goods Act 1985

Equipment (Public Safety) Act 1994

Occupational Health and Safety Act 2004

Workers Compensation Act 1958 – Except:

  • Division 8 of Part 1 (this Division is administered by the Treasurer)

Workplace Injury Rehabilitation and Compensation Act 2013 – Except:

  • Division 1 of Part 6 (this Division is administered by the Attorney-General)
  • Sections 492-495 in so far as they relate to WorkSafe’s budget, financial reporting and management of the WorkCover Authority Fund (in so far as they relate to those matters, these sections are jointly administered with the Assistant Treasurer)
  • Sections 515-518 (these sections are jointly administered with the Assistant Treasurer)

Special Minister of State

Parliamentary Salaries and Superannuation Act 1968 – Except:

  • Sections 6(6), 9K(3), 9K(5) and 9L (these sections are administered by the Assistant Treasurer)
  • Sections 8A and 8B (these sections are administered by the Assistant Treasurer)
  • Part 3 (this Part is administered by the Assistant Treasurer)

Treasurer

Workers Compensation Act 1958 –

  • Division 8 of Part 1

(The Act is otherwise administered by the Minister for Workplace Safety)

Introduction Text
Supplementary changes effective 1 June 2019 to the general order of 1 January 2019.
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Forms - Design System

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If you plan to build a form you should follow the Victorian Government Digital Standard to Design forms.

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Victorian Government Call Centre Policy

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The Victorian Government has created a Call Centre Code to help people understand their responsibilities in relation to the call centre industry.

The Code outlines legal obligations and provides guidance on industry best practice.

The Code sets out:

  • employee minimum entitlements
  • occupational health and safety
  • anti-discrimination
  • management and organisation of work
  • compliance – monitoring and sanctions

Call Centre Code considerations

The Code applies to government call centres and private sector call centre service providers contracted to the Victorian Government.

The Victorian Government encourages all industry participants within the call centre industry to adopt and adhere to the Code.

The Call Centre Code sets out a framework for government buyers to assess whether businesses have satisfied the requirements of the Code.

The Code must be included in all invitations-to-supply documents. Compliance with the Code is a mandatory consideration when evaluating a supplier's response.

To ensure businesses supplying call centre services to the Victorian Government are complying with the Code, suppliers are required to lodge a completed Checklist for Compliance with the Call Centre Code, including a signed Declaration of Compliance with their offer.

 

 

Compliance with the Code is a condition of any contract in which a private sector organisation provides call centre services to the Victorian Government. A model clause has been developed and must be included in all procurement contracts. This clause creates a binding contractual obligation on the supplier to comply with the Code.

 

 

Need help?

Industrial Relations Victoria can provide information and assistance about the Victorian Government Call Centre Policy.

Email: irv.info@dpc.vic.gov.au

Victorian Government Call Centre Code

The Call Centre Code has been developed to assist people to understand the Victoria Government's requirements and expectations for the call centre industry.
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Ripple Design System

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The Ripple Design System has been published as part of the Single Digital Presence (SDP) project.

Government agencies can use Ripple to reduce design and development.

You can access the code on Github.

SDP is about making it easier to find, understand and use Victorian Government information. The project is run by the Department of Premier and Cabinet.

For more information about SDP, please contact Senior Project Manager, Amber Benjafield: amber.benjafield@dpc.vic.gov.au

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Single Digital Presence product roadmap

The Single Digital Presence (SDP) product roadmap shows what features will be delivered and when. SDP is a project from the Department of Premier and Cabinet in the Victorian Government.
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